This Briefing will address best practices on trademark searches and advice of counsel. Important topics include general advice for clients on trademark selection; the scope of word searches and design searches (“screen” or “knock-out” and “full” searches, including what they typically do not cover); the legal principles that apply to search evaluations; and preparing search opinions. Related topics include discussion of applicable risk management principles; the problem of “weak marks” and the relevance of similar marks in a “crowded field;” and the wording of legal opinions and advices, together with cautions and qualifications. Practical examples will be drawn from case law.

In this one-hour program, registrants will:

  • learn about the costs and practicalities of trademark searches (10 minutes)
  • learn about the legal principles that govern trademark search opinions (10 minutes)
  • learn practical strategies, pro and con, to deal with trademark searches and opinions in litigation (10 minutes)
  • see illustrated examples of litigated cases in which searches played an important role (30 minutes)

For more information and to register, please see the event page.

Speakers