/clearance

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.

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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 running clearance, read `~/.claude/plugins/config/claude-for-legal/ip-legal/CLAUDE.md`. Pull:

• **Role** from `## Who's using this` (lawyer vs. non-lawyer changes the work-product header and the non-lawyer gate below).
• **Registered in** and **enforce where** from `## IP practice profile` and `## Enforcement posture` (default jurisdictions if the user doesn't specify).
• **Integrations** from `## Available integrations` (CourtListener / Solve Intelligence / Descrybe — each determines what searches are available to run, what the fallback is, and what gets attributed in the output).
• **Decision posture** from `## Decision posture on subjective legal calls` — this skill never concludes "not confusingly similar."

If `~/.claude/plugins/config/claude-for-legal/ip-legal/CLAUDE.md` contains `[PLACEHOLDER]` or `[Your Company Name]`, surface this bounce:

> I notice you haven't configured your practice profile yet — that's how I tailor posture, jurisdictions, and approval chain to your practice. > > **Two choices:** > - Run `/ip-legal:cold-start-interview` (2 minutes) to configure your profile, then I'll run this tailored to YOUR practice. > - Say **"provisional"** and I'll run this against generic defaults — US jurisdiction, middle risk appetite, lawyer role, no playbook — and tag every output `[PROVISIONAL — configure your profile for tailored output]` so you can see what I do before committing.

Provisional mode

If the user says "provisional," run the clearance normally using these generic defaults: middle risk appetite, lawyer role, US jurisdiction (USPTO + common-law), no playbook (do the full analysis rather than matching against a position list). Tag the reviewer note and every finding block with `[PROVISIONAL]`. At the end of the output, append:

> "That was a generic run against default assumptions. Run `/ip-legal:cold-start-interview` to get output calibrated to YOUR practice — your playbook, your jurisdiction, your risk appetite. 2 minutes."

---

Intake

A