Attorneys and non-attorneys
Trademark : trademark problems, opposition, cancellation
and Service Mark Problems:
If on this page, you may already have read about my trademark problems.
If you currently have a trademark problem click here.
The trademark office is
under the department of commerce since trademarks are all about
commerce. You may not have thought of trademarks this way. I didn't.
Wait, that's not legal... I thought this was about trademarks!
You may now be saying wait, that's not what trademarks are, this is all legal right? Not really - and not like most would think - including attorneys.
Trademark issues rely far more heavily on commerce principles
You'll start to see that trademarks are directly related to how a brand is marketed.
Have a trademark problem? Please click here
wish I found you long ago, for trademark and marketing
An opposition is a legal law suit, based on commerce and marketing.
The best attorneys may rely on law, overlooking 'commerce-related' aspects based on marketing principles and practices, either because they don't know, or feel more comfortable with legal remedies - yet legal remedies are rarely best.
Take a smart business approach - founded on trademark principles - and you can win against major intellectual property firms and multi-national corporations - not to mention smaller opposers.
You are still fighting attorneys - and often some very smart attorneys - yet their focus is generally on law - and trademarks are different than conventional laws.
Trademarks are commerce-related, and fluid.
Industries change over time, trademark rulings must be fluid, so even if you are an attorney, winning requires astute awareness and understanding of:
At first, I thought I had the answer, yet found I would have been completely wrong.
People are surprised when they first contact me - either very upset and/or with their own Court TV or LA Law solutions - only to find how different trademark law is.
No boilerplate or template - to win (or survive) you must know your business - and some often overlooked aspects of commercial law.
I did not have the money for an Attorney at the time this happened to me, yet wished I could find someone who had been through it.
I searched for someone that had the template for a final Office Action and an Appeal, or who had successfully defended a Notice of Opposition, or who could point me to a template or example of a sample Answer or sample Appeal Brief; and/or explain trademark-related terms like trial dates, discovery, testimony, and others - or even let me know what my chances of winning might be.
I tried to find a trademark attorney - though fees started at about $5,000 - with no real guarantee - and no end to what it could cost. Now I understand why!
In both of these cases, the ex parte appeal and the opposition, I went far beyond the effort of a typical Attorney to assess the situation, do the research, and determine how I might prevail - prior to making the application and afterwards.
Winning a trademark opposition 'pro se' is not typical, and the USPTO generally will not reverse a final refusal, though I have proven both can be done.
I tried to find a template, yet now realize why a template would be the worst approach - and how this could have escalated far beyond me simply losing my brand name - and how serious any opposition must be taken.
By going through this, I now know and understand much more, and feel I can greatly help (and have helped) others - both attorneys and non-attorneys.
help if you are an attorney, have counsel, or have no attorney at all.
However, I can help you as a trademark consultant to fight a trademark opposition, write a trademark opposition, respond to a non-final office action or final refusal from the trademark office, file or respond to a Petition to Cancel, and with other trademark problems you may be having - Pro Se (meaning on your own), or as a trademark consultant if you have a trademark attorney.
I can and will help you understand trademark law and procedures and:
I was successful 'Pro Se' and have learned a great deal about trademark law in my life experience in naming companies, products and services, as well as from my business experience, and from my own trademark case(s), and the cases I have been helping others with ever since.
Like everyone, I hoped to find the boilerplate answer, yet realized why there can be no boilerplate, and how boilerplate leads to greater problems and increased risk.
With a fee schedule lower than most intellectual property law firms, I can provide more research, more analysis, and more in-depth study of your trademark case - whether you are with or without an Attorney.
"I ran this by a trademark attorney who agreed with your assessments. He said you seem to have a good grasp of these matters ;)"
"Thanks Rob. I agree with your points. I think we make a good team... seeing
"Your Opposition is brilliant. I appreciate the whole thought process, the way you grasped the problem, and how you distilled the allegations to the simple truthful essence. I feel very confident in filing it, and thank you so much."
"No attorney could have done better"
If you are having a trademark problem, I may have an artful and thoughtful solution - whether you are working with an Attorney, Trademark Attorney, or acting Pro Se.
With or without trademark, any company - startup, established business, sole proprietor, small business, multinational corporation - needs to protect itself from trademark and brand problems, associated liability - to stay in business.
I can help Trademark Attorneys and intellectual law firms.
For an explanation of the basics of trademarks, applications, and trademark registration. please see this page >>
If you are about to file, or have recently filed an application...
One of the reasons I was able to prevail
in my case(s) is because I did the research and analysis in creating the name to be
trademarked, along with its description of goods and services, before
filing the application.
Other trademark-related pages:
Have a trademark problem? Click here.
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