Structuring Trademark Clearance Opinions
Assessing Search Results to Identify Infringements, Overcoming Clearance Challenges, Preparing Opinions to Reduce Legal Risks

Course Details
- smart_display Format
Live Online with Live Q&A
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, August 12, 2025
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Live Online
On Demand
This CLE course will guide trademark counsel on conducting, analyzing, and using trademark searches. The panel will discuss overcoming the challenges in the trademark clearance process and outline best practices for preparing clearance opinions.
Faculty

Mr. Chambers is the Chief Trademark, Copyright and Marketing Counsel at Ecolab, where he manages a global trademark portfolio with over 14,000 filings in 170 countries. Before Ecolab, he was the senior trademark and advertising counsel at Impossible Foods in California. Prior to going in-house, Mr. Chambers practiced IP law at Greenberg Traurig and several other firms in Minnesota.

Mr. Gallagher has deep experience in trademark clearance, investigation, prosecution, as well as client counseling and management of domestic and international trademark portfolios. He also has significant experience assisting clients with trademark enforcement, opposition and cancellation proceedings; brand protection programs; trademark, unfair competition and false advertising disputes and litigation; internet domain name disputes and proceedings (UDRPs); and trademark licensing. He provides tailored advice for handling IP issues involving social media; IP due diligence and IP licensing; copyright counseling, registration, protection and litigation; Digital Millennium Copyright Act (DMCA) notice and take down procedures; and domain name acquisition.

Mr. Weseman counsels clients on the strategic development, maintenance, and enforcement of trademark rights and related matters. A go-to attorney for company executives and in-house legal counsel, he advises on creative brand protection, brand acquisitions, trademark clearance, enforcement, litigation, licensing, and global trademark prosecution. Mr. Weseman has handled thousands of trademark matters worldwide for Fortune 500 and other publicly traded and privately held companies, global media franchises, Silicon Valley venture-backed startups, international luxury fashion houses, celebrities, and the U.S. National Governing Body for an Olympic sport. Clients in a wide range of industries trust Mr. Weseman to identify, prosecute, maintain, and protect their most valuable brand assets. His practice spans consumer goods, food and beverage products, restaurant and hospitality services, entertainment, financial services, medical devices, pharmaceuticals, and blockchain and digital assets. Mr. Weseman is a skilled writer and regularly speaks to national audiences. His contributions to U.S. trademark law include establishing precedent before the TTAB of the USPTO.
Description
Before a business adopts a mark, counsel must understand all potential infringement risks. In-house and outside counsel rely on trademark clearance searches to identify those risks. Counsel must carefully analyze the results of the clearance search and assess the risk posed by using the proposed mark. Millions of dollars may ride on the analysis and decision on how to proceed based on the clearance opinion.
Many courts recognize reliance on trademark searches and counsel's clearance opinions as a defense to infringement claims. However, the assertion of the advice-of-counsel defense may put the privilege waiver at risk. Companies and counsel should consider whether to obtain a formal written clearance opinion. If yes, the circumstances will shape what to include in the opinion letter.
Listen as our authoritative panel of trademark attorneys examines the analysis and use of the clearance report, reviews the challenges in trademark clearance, outlines steps to overcome the obstacles, and offers best practices for clearance opinions.
Outline
I. Analysis and use of search reports
II. Clearance challenges and steps to overcome them
III. Best practices for preparing clearance opinions
Benefits
The panel will review these and other key issues:
- What factors should counsel consider when analyzing a clearance report?
- What strategies can counsel use to overcome the challenges posed by the trademark clearance process?
- What should be included in a trademark opinion letter?
- How can counsel protect client confidentiality when asserting an advice-of-counsel defense?
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