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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Tuesday, August 12, 2025

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

Early Bird Pricing!
MSRP
$297.00
$247.00
Save $50.00

Discount expires 7/29/25

This course is $0 with these passes:

CLE
ALL

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

Patrick J. Gallagher
Partner
Barnes & Thornburg

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.

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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. Many courts recognize reliance on trademark searches and counsel's clearance opinions as a defense to infringement claims.

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 decide how to proceed based on the clearance opinion.

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?