Opinion Letter
(Trademark)

Summary

This template is an opinion letter that includes legal analysis, advice, and recommendations on whether a proposed trademark is available to use and/or register in the United States based on the results of a clearance search. This template includes practical guidance, drafting notes, alternate clauses, and optional clauses. Trademark opinion letters vary in length and detail depending on the client’s preferences and sophistication in trademark matters, as well as your ultimate opinion as to availability. Generally, however, all trademark opinion letters should include: (1) a conclusion as to whether the proposed mark is available to use and/or register in the United States; (2) a list of particularly relevant references from the trademark search report prepared by an outside vendor; (3) an analysis of potential obstacles; and (4) disclaimers concerning the scope and limitations of the search. Additionally, note that clients often ask trademark counsel to present their availability conclusions verbally before drafting a written opinion if the conclusions are negative. For a more detailed discussion on trademark clearance searches and federal registration, see Trademark Applications: Pre-filing Considerations — Trademark Clearance Searches, Trademark Clearance Search Checklist, Trademark Clearance Search Questionnaire, and Trademark Applications: Drafting the Application; see also Trademark Searching and Clearance Resource Kit. For resources on likelihood of confusion, see Likelihood of Confusion Resource Kit.