Availability Opinion (Trademark) Law and Legal Definition

When a trademark search is over, the examining attorney can give an availability opinion based on the search. Availability opinion is the legal opinion provided by an attorney to a trademark owner or prospective trademark owner that identifies the legal risks associated with using a particular trademark. The risks include the possibility of infringing or diluting an existing mark and hence being sued, and the likelihood that an application for trademark registration will be rejected. The legal opinion of an attorney can serve as immediate advice on the risks in adopting a given mark. Mostly, the opinions are written. It helps to deter companies appearing in the opinion from suing for infringement by showing them that at least one attorney has already decided the marks are not confusingly similar. However, a second legal opinion is preferred if there is any question about the availability of a mark or about conflicts between marks.