How to Conduct Searches, Assess Risk, and Draft Defensible Opinions
Before a business adopts a mark, counsel must evaluate infringement risk, registrability, and practical exposure. Trademark clearance searches are a critical risk-management tool—but they only add value if the results are analyzed correctly and translated into defensible legal advice. Poorly framed searches, incomplete analysis, or weak clearance opinions can expose clients to costly disputes and counsel to scrutiny.
This CLE program provides a practical framework for conducting and interpreting trademark searches, assessing legal and business risk, and crafting clearance opinions that support sound decision-making. Participants will learn how to navigate common clearance challenges, manage privilege and waiver risks associated with advice-of-counsel defenses, and tailor clearance strategies to real-world commercial pressures.
Key topics include:
Trademark Practice Group Chair | The Belles Group, P.C.
Trademark attorney by day (and sometimes by night), historian and amateur geopolitician on weekends, and whenever I find time. An avid traveler, concertgoer, and foodie, I often live out these facets of myself and bring my clients along for the ride, for a good meal or to hear great music. As a student of history, it was political philosophy theories behind “who owns what” that drew me into IP law, and eventually to a post as a Trademark Examining Attorney at the U.S.PTO. I’ve had the opportunity to experience IP law from many POVs – as an Examiner, a BigLaw associate, thirteen years in-house at VF Corporation (owner of iconic brands such as VANS and THE NORTH FACE), a term on the Board of Directors for International Trademark Association, partner at national firm and now at an IP boutique. I lean on the valuable legal lessons I learned along the way and use those learnings to help my clients. As a former Examiner, I know which arguments are persuasive and why; my in-house experience at VF allows me to truly understand my clients' issues in a broader spectrum of light -- one that’s cost sensitive – and helps me better communicate with them to meet them where they are. I’ve spent my career clearing thousands of trademarks and product names and hope to pass along some of the knowledge I’ve accumulated.
