Trademarks : How I see my role as a Trademark Consultant

/Trademarks : How I see my role as a Trademark Consultant

Have a trademark problem?

Our Trademark attorneys in San Diego have learned the ins and outs of trademarks, trademark problems and methods of resolution. You can call us at (888) 636-4884 or Click here for a FREE consultation now! 

I often work directly with and for attorneys and their clients. 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:

  • Between you and the trademark office and examiner
  • With you and your Attorney
  • As a consultant helping directly (if you are Pro Se – on your own)
  • Between you and the Opposer, infringer, adversary, or other party
  • Initially, before you file a trademark application


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. I do have a good grasp of trademark concepts, and solutions that many Attorneys may overlook. I help understand and draft documents, carefully research, analyze, and report on underlying facts and issues.

The work I do involves business problem solving, 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 a trademark attorney 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).

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.

For more info about our trademark services, please call our trademark attorneys in San Diego at (888) 636-4884.