Rob Cummings
Trademark Consultant

Please read this page,
get to know me better, understand my approach,
and my thought process,
and what's new.

Attorneys and non-attorneys
turn to me (
non-attorney).

Here's why:

I help avoid and resolve
simple and complex
trademark problems.

Most trademark problems
are based on marketing
much more than on law.

Self-taught in law from
my own trademark problem,
and now many others,
I think differently than
most trademark lawyers.

30+ years marketing,
brand, product, service
naming experience.

30+ years following
market trends in
all industries.

30+ years assessing
trade customs and practices.

My approach resolves
problems faster and better.


Solutions based on
business fundamentals
and commerce and law.

Trademarks are brands,
brands are commerce.
Attorneys, knowing law,
often overlook commerce.

Most attorneys have little
or no marketing experience
(so they rely only on law).

If I don't know I learn.
I now know law plus
30+ years commerce.

I base solutions on
research,
investigation,
analysis,
(never boilerplate).

I help with
Trademark Application
Notice of Opposition,
Petition to Cancel,
Non-Final Office Action,
Final Office Action,
Appeal to TTAB,
Cease and Desist.

I help write and file
the Answer to and/or the
Notice of Opposition,
Petition for Cancellation.

I help write and file
Motions, Briefs,
Business letters.

I help write and file
reply brief to a final or
non-final office action.

I help write and respond to
Interrogatory and
Requests for Documents.

I help you with
research,
in-depth investigation,
findings and analysis,
winning strategy.

I work in the background
as a trademark consultant.


No retainer, no contract.

Pay as you go, online,
with Visa/MasterCard.

Safe secure online store.

I explain everything.

My writing is clear, concise.

I always investigate or
have you investigate.

With effort and tenacity,
I build strong argument.

I help avoid escalation.

I create and assess
every course of action.

I leave little room for surprise
(on our side).

I help by email worldwide.

I prefer all in writing, documented for review.

No phone calls required.

Attorney, non-Attorney,
you represent yourself
(or your client).

 
Contact me


- OR -

UNENDORSED


 


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.

See Rob's Bio and learn more. Click here.
Not an attorney, Rob Cummings knows about a lot of things - from training, self-education, and life experience, and helps people and attorneys understand and resolve serious trademark problems.

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:

a) Between you and the trademark office and examiner

b) With you and your Attorney

c) As a consultant helping directly (if you are Pro Se - on your own)

d) Between you and the Opposer, infringer, adversary, or other party

e) Initially, before you file a trademark application

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:

  • assessing trademark problems

  • resolving trademark problems

  • developing better strategy

  • assessing all options - legal and out of court

  • explaining trademark concepts few readily understand

  • last resort - or sometimes best option - negotiations and settlement

After 30+ 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.

Unlike trademark attorneys, I know little about civil law, yet I do have a good grasp of trademark concepts, and solutions that many Attorneys may overlook.

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.

I do not file documents, or in any way present myself as 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. 

Since I began helping resolve trademark problems (and helping avoid them), it has become evident that I am a valuable asset to those I have helped - and continue to help - with or without qualified trademark counsel.

"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."

People contact me (with or without counsel) due to my:

  • concentration on trademark issues

  • desire to 'cut to the chase'

  • business background and broad experience

  • systematic approach to problem solving

  • sheer determination in winning

It helps to have a mind in between law and business - in dramatic ways.

I want to remain the type of trademark advisor or consultant I wish I could have found with my own personal trademark problem that started all of this...

...someone with:

  • a reasonable grasp of trademark law and concepts

  • a reasonable grasp of business law and business concepts

  • an analytical mind to help develop options and alternatives

  • the ability to look past the 'trademark law only' aspects

  • a real desire to win and solve problems, nipping them in the bud

  • the ability to clearly communicate

  • the time to explain options in clear language

  • the tenacity and persistence to look beyond the obvious

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.

It all 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 cases.

At this point, I have likely read over 1000 trademark-related cases, maybe more, to increase my effectiveness and help provide best outcomes.

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."


Rob Cummings, Trademark Consultant - Not an Attorney, a trademark and business problem solver.

Probably best, I can think like an Attorney, yet also like business thinks.

In thinking 'within the legal box' and outside it - in the real world of business - I offer solutions that 'in the box' Attorneys simply do not always consider.

No guarantee, yet my guarantee - more time, more effort, more consulting.

No one, Attorney or non-Attorney, can offer a 100% guarantee, and I cannot offer any guarantee either. However, I do have a different perspective as a business consultant than that of most Attorneys - and perhaps a different outlook.

I will guarantee that I will do everything I feel is needed to resolve your situation and move it forward in the most positive direction - with the least risk - and explain my choices and suggestions to you as we go.

One of my 'theories' is that the truly qualified trademark lawyers, at $1000/hour, simply cannot spend the time or effort to look more deeply into cases, and to have the luxury of the time to develop a swift and poignant resolution.

"Why didn't my Attorney think of that, or even bring it up?"

Attorneys that are generalists have a difficult time understanding trademarks, and many leave it to the experts - trademark attorneys.

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).

Therefore, it's not uncommon for the best attorney to lack knowledge of customary practices, psychology, marketing, salesmanship, people and negotiating skills.

What's wrong with a boilerplate solution?

Many seem to apply 'boilerplate' solutions, perhaps due to budget restraints, yet boilerplate solutions protract matters, cause delay, often fail to de-escalate situations, and sometimes cause more problems than they solve.

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 thoughts.

I always welcome the opportunity to have a highly qualified trademark Attorney review and critique my work.

In another case, a leading international intellectual property attorney positively commented on my opposition - and praised my strategy. This was very rewarding.

In working 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.

The total cost of resolving your issues cannot be precisely estimated.

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.

Rob Cummings
Trademark Consultant

Still no retainer, still 'a-la-carte' and as needed.

The online store makes it easy and fast to buy time with your email address and the password you chose when you first bought time - plus it offers some nice account and payment tracking features.


Rob Cummings, Trademark Consultant - Not an Attorney, a trademark and business problem solver.

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:

My services often augment yet are not intended as a substitute for advice from a knowledgeable and qualified trademark attorney licensed to practice trademark law.


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