Opinion Letter—Your Trademark’s Green Light (or Red Flag)

After your onboarding call, the next critical step in your trademark journey is receiving the Opinion Letter from your attorney. This is where things get real, as your attorney dives deep into trademark databases to see if your desired mark is available and conflict-free.

What Is It?

The Opinion Letter is a detailed letter provided by your attorney after conducting a comprehensive search of existing trademarks. The goal is to identify any potential conflicts with your desired mark—whether it’s already registered by someone else or too similar to an existing brand that could cause legal complications.

What Will It Look Like for You?

Once your attorney completes the research, they’ll provide you with a clear, easy-to-understand letter that outlines their findings. The letter will break down any potential risks or conflicts with your trademark, as well as recommend whether you should proceed or consider making adjustments.

  • If the coast appears to be clear: Your attorney will give you the green light to move forward with your trademark application but understand at this point unforeseen challenges may still arise
  • If there are conflicts: The letter will explain what those conflicts are and suggest your next best steps. You may need to modify your trademark or rethink your approach to avoid future headaches.

Why Is This Step Important?

The Opinion Letter ensures that you don’t waste time or money applying for a trademark that’s already in use or too similar to someone else’s. It’s like a safety net, helping you to try to avoid legal challenges down the road. 

This step can sometimes secure you from unnecessary delays and costly disputes—keeping your trademark journey smooth and successful!

Are you ready to take the first step to your Trademark Journey? E-mail us at info@rjpiercelaw.com

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