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You MUST use this before any creative work - creating features, building components, adding functionality, modifying behavior, or planning anything new, in software or out of it (a talk, a business, a renovation).
trademark-clearanceGenerates a trademark clearance search report evaluating mark availability and registrability across federal (USPTO TESS), state, common law, and international sources. Applies the Lanham Act likelihood-of-confusion multi-factor test. Use when conducting trademark clearance searches, pre-filing availability opinions, or infringement risk assessments.
Independent GitHub snapshot · Automated classification · Original documentation governs
Evaluates availability and registrability of a proposed mark across federal, state, common law, and international sources, with conflict analysis and actionable filing recommendations.
Tabulate: proposed mark (type: word/design/combo), goods/services with Nice codes, geographic scope, and any search limitations.
| Source | Scope |
|---|---|
| USPTO TESS | Literal, phonetic, design code, foreign translation, spelling variations |
| State registries | Jurisdictions where client operates or plans to operate |
| Common law | Search engines, WHOIS, business directories, social media, trade publications |
| International | WIPO Global Brand Database, EUIPO eSearch-plus, national offices (if applicable) |
For each potentially conflicting mark, record:
Organize by degree of conflict (most similar first). Include abandoned/cancelled marks — common law rights may persist.
State registrations: Same fields plus state of registration.
Common law uses: Document business name, goods/services, evidence of use (URLs, directories), geographic scope, and duration indicators.
International: Flag Madrid Protocol registrations, EU-wide EUIPO marks, and first-to-file jurisdictions requiring early registration.
Apply the Lanham Act § 43(a) likelihood-of-confusion test to each significant conflict:
| Factor | Key Considerations |
|---|---|
| Mark similarity | Appearance, sound, meaning, commercial impression — evaluate in entireties |
| Goods/services relatedness | Same-source expectation, trade channels, purchaser overlap |
| Cited mark strength | Fanciful > Arbitrary > Suggestive > Descriptive (with secondary meaning) > Generic |
| Consumer sophistication | Price point, specialization, purchasing care |
| Actual confusion | Any available evidence |
| Intent | Bad faith indicators |
| Expansion likelihood | Bridge-the-gap analysis |
Risk ratings:
Issue one of three outcomes:
Clear path: Mark appears available. Recommend filing strategy (ITU vs. use-based), watch service, and consistent use protocols.
Moderate conflicts: Narrow goods/services ID, modify mark for distinctiveness, pursue coexistence agreements, or proceed with monitoring.
Substantial conflicts: Advise against adoption. Recommend alternative marks, new clearance searches, or acquisition of conflicting rights.
- [ ] File federal application (ITU or use-based)
- [ ] Implement trademark watch service for relevant classes
- [ ] Establish consistent use protocols
- [ ] Consider state registrations in key jurisdictions
- [ ] Note path to incontestability (5 years continuous use post-registration)
[VERIFY]Key changes made:
tags (not in spec), tightened description to include clear trigger guidance in third person