Trademark Risk Assessment
Know Before You File. Comprehensive Search & Attorney Opinion.
Trademark Risk Assessment
Before you invest in a brand name, building a website, printing materials, filing a business entity, or marketing your services, you need to know whether that name is legally available.
Specifically, a trademark risk assessment is a comprehensive, attorney-conducted search and written legal opinion that tells you whether your mark is likely to be registrable and whether using it exposes your business to legal risk. Because of that, it is the essential first step before any federal trademark application.
Why a Trademark Search Matters
Filing a trademark without a professional search is one of the most common—and costly—mistakes founders make.
Without that search, you expose yourself to problems including:
- USPTO rejection for likelihood of confusion with an existing registered mark
- Cease and desist letters from existing trademark holders
- A forced rebrand after you have already invested in marketing and materials
- Lost customers and brand equity built under a name you can no longer use
- Litigation costs that far exceed the cost of a proper search
A risk assessment does not guarantee registration or eliminate all risk. However, it gives you the legal clarity to make an informed business decision before you commit.
What Is Included in the Trademark Risk Assessment
Strategic Clearance Review – $850 per Mark
An attorney personally conducts this risk assessment and delivers it as a formal written legal opinion—not an automated database query. Because we search across multiple source types, you get a substantially more complete picture than any online tool provides.
Trademark Risk Application
USPTO Database Search
Federal trademark database search for registered and pending marks
State Trademark Search
Search of state trademark registries for potentially conflicting marks
Common Law Search
Search for unregistered marks in commerce that may still create legal risk
Corporate & Directory Review
Business name registrations and corporate entity searches
Domain & Social Media Review
Review of domain names and major social media platforms for conflicting use
Coverage
Up to 3 trademark classes
Written Attorney Opinion Letter
Formal legal assessment of registrability risk and your recommended next steps
Delivery Timeline
5–7 business days from engagement confirmation
Not Included: USPTO application filing, Office Action responses, or international searches.
Application filing is available separately through our Federal Trademark Application service.
What the Attorney Opinion Letter Covers
Your written attorney opinion letter is a formal legal document. Specifically, it covers:
- A summary of the search results and any potentially conflicting marks we identified
- Our analysis of the likelihood of confusion with existing marks
- Our assessment of the inherent strength of your mark and its registrability
- The attorney’s recommendation on whether to proceed with a USPTO application
- Recommended next steps based on the search findings
This letter represents the professional standard for trademark clearance. As a result, it gives you a documented legal basis for your brand decision—whether you proceed, modify your mark, or choose a different direction entirely.
How the Risk Assessment Process Works
Clear structure. Defined scope. No surprises.
Step 1 – Submit the Intake Form
Start by telling us the mark you want to search—name, slogan, logo, or combination—along with the goods or services it will cover. Upload any brand files you already have.
Step 2 – Confirm Engagement & Payment
Next, we send you an engagement agreement and invoice. Once you sign and submit payment, the search begins.
Step 3 – Comprehensive Search
Our attorney then conducts a multi-source search across the USPTO, state registries, common law sources, corporate directories, domains, and social media.
Step 4 – Written Attorney Opinion Delivered
Within 5–7 business days, you receive a formal written opinion letter. The letter explains the findings and gives you a clear professional recommendation on how to proceed.
Step 5 – Decide Your Path Forward
Armed with the opinion, you can proceed with a federal trademark application, modify your mark, or explore other options. Moreover, if you move forward with our firm for filing, we credit the cost of the risk assessment toward the Federal Trademark Application service.
The risk assessment reflects the attorney’s professional opinion based on information available at the time of the search. It does not constitute a guarantee of registration. Trademark availability can change.
When to Order a Trademark Risk Assessment
Order a risk assessment when:
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You are choosing a business name and want to verify availability before committing
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You are rebranding and need to clear a new name or logo before launch
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You received a cease and desist and want to understand your exposure
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You are preparing to file a trademark application and want a formal search first
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You are an investor or acquirer evaluating a company’s brand IP
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You want a second opinion on a name a filing service said was ‘available’
Frequently Asked
Questions –
Trademark Risk
Assessment
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Is a trademark search required before filing?
Q: Is a trademark search required before filing?
A: The law does not require it—but trademark attorneys strongly recommend it, and so does the USPTO itself. Filing without a professional search creates significant risk: the USPTO may reject your application for likelihood of confusion, you may waste filing fees, and existing mark holders may pursue legal claims. For that reason, our Federal Trademark Application service includes a comprehensive search as a standard part of the engagement.
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What is the difference between an automated search and an attorney-conducted search?
Q: What is the difference between an automated search and an attorney-conducted search?
A: Automated search tools query only the USPTO database and return results without any legal analysis. By contrast, our attorney-conducted search covers multiple sources—federal, state, common law, corporate registrations, domains, and social media—and produces a written legal opinion that analyzes what the results actually mean for your business.
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Does ‘no results’ in a search mean my mark is safe to use?
Q: Does ‘no results’ in a search mean my mark is safe to use?
A: Not necessarily. Unregistered common law use, pending applications, or marks in related classes can all block a mark even when a basic search shows nothing. Because trademark availability is never absolute, the attorney opinion letter explains both the scope of protection and the level of risk our search uncovered.
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What does the opinion letter say if there is a conflict?
Q: What does the opinion letter say if there is a conflict?
A: If we identify a potentially conflicting mark, the opinion letter explains the nature of the conflict, how likely it is to cause a refusal or legal challenge, and the options available to you—which may include modifying the mark, filing in fewer classes, or choosing a different direction.
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Can I use the risk assessment results if I decide to file with a different attorney?
Q: Can I use the risk assessment results if I decide to file with a different attorney?
A: Yes. The written attorney opinion letter belongs to you. You may share it with other counsel or keep it for your own records. However, if you file your trademark application through Lamar Legal, we credit the risk assessment fee toward the Federal Trademark Application service.
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How many classes are covered in the assessment?
Q: How many classes are covered in the assessment?
A: Our standard risk assessment covers up to 3 trademark classes. If your business requires coverage in additional classes, we can discuss an expanded search during intake.
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What is a common law trademark and why does it matter?
Q: What is a common law trademark and why does it matter?
A: A common law trademark arises from actual use of a mark in commerce—even without federal registration. Because of this, a business that has used a name in a geographic area may hold enforceable rights to that name even if it never filed with the USPTO. That is precisely why searching only the federal database is not sufficient for a complete risk assessment.
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What happens after I receive the opinion letter?
Q: What happens after I receive the opinion letter?
A: At that point, you have three paths: proceed with a federal trademark application through Lamar Legal or another attorney, modify your mark and request a new search, or decide not to proceed. We remain available to answer follow-up questions about the opinion letter as part of the engagement.
Start Trademark Risk Assessment
Strategic Oversight from Search to Certificate. Begin by completing our secure intake form.
Lamar Legal PLLC is licensed in the State of Florida. Trademark services are available to clients both nationwide and internationally. This page is Attorney Advertising.