clearance

The saved excerpt is a snapshot from review. The external source remains the complete and most current version.

---
name: clearance
description: >
  Trademark clearance first pass — knockout + similar-marks check producing a
  flag list, not a clearance opinion. Use when a new mark is proposed, when
  asked whether a mark is available or to run a knockout search, or when
  assessing likelihood-of-confusion factors before a full professional search.
  This skill never concludes a mark is clear.
argument-hint: "[describe the proposed mark, goods/services, and jurisdictions — or just the mark and I'll ask]"
---

# /clearance

**This is a triage, not a clearance opinion.** A trademark clearance opinion
requires a full professional search and registered trademark counsel's
judgment. A "no obvious conflicts" result means the triage
didn't find anything — it does not mean the mark is clear. Clients have been
sued over marks that passed a knockout search.

## Instructions

1. Read `~/.claude/plugins/config/claude-for-legal/ip-legal/CLAUDE.md`. If it
   contains `[PLACEHOLDER]`, stop and direct to `/ip-legal:cold-start-interview`.
2. Follow the workflow below.
3. Run intake (mark, goods/services, classes, jurisdictions, visual/stylization).
4. Knockout check for intrinsic bars — generic, descriptive, deceptive,
   geographic, surname, false connection, prohibited matter, functional.
5. Similar-marks search against what's connected (Solve Intelligence, CourtListener, Descrybe, or whatever MCP is available). If nothing is
   connected, say so in the output and proceed with the factor analysis only.
6. Walk the applicable circuit's likelihood-of-confusion factors — du Pont /
   Polaroid / Sleekcraft / other. Flag each; never conclude.
7. Write the triage memo to the matter folder (if a matter is active) or the
   practice outputs folder. Apply the work-product header per role.
8. End with recommended next steps and the non-lawyer gate if the role is
   non-lawyer.

This skill never concludes a mark is clear. If uncertain, flag — the attorney
decides.

## Examples

```
/ip-legal:clearance "APEXLEAF for an outdoor apparel line, planned launch US + EU"
```

```
/ip-legal:clearance
```

(And the skill will ask for the mark, goods, classes, and jurisdictions.)

---

## THIS IS A FIRST PASS, NOT A CLEARANCE OPINION

**Say this at the top of every output. Do not drop it. Do not soften it.**

> **This is a first pass, not a clearance opinion.** A trademark clearance opinion
> requires a full professional search (TESS, state registries, common law sources,
> international registries, domain and social, trade dress and design marks where
> relevant) and attorney judgment on likelihood of confusion, which depends on
> factors a structured triage cannot fully assess. A "no obvious conflicts" result
> from this skill means the triage didn't find anything — it does not mean the
> mark is clear. Clients have been sued over marks that passed a knockout search.
> A registered trademark attorney evaluates before anyone adopts, files, or
> invests in this mark.

This is the loudest guardrail in the plugin. Under-calling a conflict is a
one-way door — a logo on trucks, a product launched, a TM application filed, all
with a problem underneath. Over-calling is a two-way door — the attorney narrows
the list in review. Stay on the two-way door side.

---

## Matter context

**Matter context.** Check `## Matter workspaces` in the practice-level CLAUDE.md. If `Enabled` is `✗` (the default for in-house users), skip the rest of this paragraph — skills use practice-level context and the matter machinery is invisible. If enabled and there is no active matter, ask: "Which matter is this for? Run `/ip-legal:matter-workspace switch <slug>` or say `practice-level`." Load the active matter's `matter.md` for matter-specific context and overrides. Write outputs to the matter folder at `~/.claude/plugins/config/claude-for-legal/ip-legal/matters/<matter-slug>/`. Never read another matter's files unless `Cross-matter context` is `on`.

---

## Load the practice profile first

Before runn