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Attorneys and non-attorneys
Trademarks : How I see my role as a Trademark Consultant
Why you need a trademark consultant, non-Attorney, even with a trademark attorney and brand consultant.
Have a trademark problem? Click here.
I often work directly with and for attorneys and their clients. Attorneys learn the ins and outs of trademarks, trademark problems and methods of resolution as I share my knowledge and thoughts.
I also help people that want to act Pro Se (on their own) without an attorney.
I explain trademark infringement issues from a business and branding perspective in a step by step logical and easy to understand manner.
As a trademark consultant, I combine business and trademark concepts to help:
I am not an Attorney, not licensed as an Attorney, and do not practice law - yet I can help in ways that combine business, trademark, and sensible approaches that are smart, affordable, and often more effective:
years of design, branding and marketing experience as
cummingsdesign, I learned a great deal since my
own trademark problem and realized I understand the
DuPont Factors better than most do - and it all clicked.
Though I help understand and draft documents, carefully research, analyze, and report on
underlying facts and issues, I act as a consultant and not an Attorney.
On the other hand, the work I do is well above paralegal, often well above leading trademark attorneys, more like business problem solving, involves serious investigation and a comprehensive assessment of options, alternatives, contingencies, resulting in a well-conceived strategy - from a trademark, brand, marketing, and business perspective. This produces better solutions, that may reduce legal costs or avoid litigation altogether, and will reduce risk.
I also explain everything I do and the reasons for it, providing insight into issues.
What I do, and the way I do it, is more unique
and valuable than I had first thought.
"I know we never could
have put this document together on our own. More importantly, as a result
of your explanations, we came away with a much much more clear understanding of the process
and all it should involve."
helps to have a mind in between law and business - in dramatic ways.
I am finding the work I do, and my approach, and the way I help from a trademark as well as a business perspective, is more complete and more comprehensive, and thus more certain to produce a positive outcome - never a guarantee however - than many leading Attorneys and trademark and intellectual property firms that I have witnessed the work of since I began offering trademark consulting.
Now, with a greater number of cases under my belt - and more coming in all the time - most with significant law firms and clients involved (just recently eBay) - I have learned that what I offer is more unique and more needed than I had initially thought or realized.
Though difficult and challenging, more time consuming and involving deeper thought, my approach seems to be very viable (and valuable), and my plan is to continue to consult as a trademark consultant and non-Attorney - and never attempt to become an Attorney.
I'm not an Attorney, yet continue to find I do more than many Attorneys.
started with my own personal trademark
case(s), and now, by helping others, I have read and learned even more
than I knew then - and continue to. In my own case, I read over 500 other trademark-related
In addition, I offer logical business advice to help avoid future trademark problems.
"... you brought up points that we would have never thought to address."
best, I can think like an Attorney, yet also like business thinks.
didn't my Attorney think of that, or even bring it up?"
Expert Trademark Attorneys seem to lack time needed to assess strategies, research, explore, and explain options and potential outcomes with clients.
Many Trademark Attorneys know law inside and out, yet have never had business experience (outside of the legal world).
it's not uncommon for the best attorney to lack knowledge of customary
practices, psychology, marketing, salesmanship, people and negotiating
As in any disagreement, sometimes a thoughtful, researched, and well-founded explanation can nip a problem in the bud - yet to research, analyze, assess, and distill that 'business solution' also takes time and effort.
I feel time and effort 'upfront' is the best investment. It worked in my case, and is working for others I help. Though not the '$2 solution', the savings later appear to be quite significant.
Developing a strong defense from the outset seems to be the best approach.
None of this is to say that there are not great and highly qualified intellectual property and trademark practitioners, that their services are not valuable, or that I have any disrespect for any qualified trademark practitioner or Attorney.
As in any field, some are truly brilliant, while others are simply not as brilliant, and some are more committed to cut to the chase, while others are less dedicated to a swift resolution - or simply don't have the time or resources or budget.
Pro Se or
represented by counsel, I welcome all qualified Attorneys, opinions, and
with clients, I encourage, enable, and promote exploration, and reading,
and understanding of pros and cons, contingencies and options, and
discussion and assessment of trademark concepts in general.
I have a true desire to get to the bottom of things - rather than have things drag on.
If you have worked with me before, you have seen how I go beyond the case and advise you on avoiding future trademark problems as well.
I am not going to ask for a tremendous retainer (as many do).
Charges for my services will remain 'a-la-carte' and as situations arise.
In the online store, I now offer help by the 1/2 hour and 1 hour. This is for ongoing work, answers to questions in the process, consulting via phone and/or email - and enables me to be paid without requiring a substantial retainer.
Thanks very much and I look forward to helping you.
Please always let me know if you have any questions or concerns.
retainer, still 'a-la-carte' and as needed.
Contact Rob for more about trademarks, service marks and branding, and for help avoiding and/or overcoming a trademark Notice of Opposition, writing the Answer to a Notice of Opposition or Petition for Cancellation, responding to an Office Action, and with any other simple or highly complex trademark-related problems.
If you are having a trademark problem, click here
Learn more about what I do as a trademark consultant and why in UPDATE >>
Other trademark-related pages:
services often augment yet are not intended as a substitute for advice
from a knowledgeable and qualified trademark attorney licensed to
practice trademark law.
graphic design sales strategy
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