In-depth preliminary investigation is how I help overcome trademark problems and how I’ve helped win cases.
While every case does not require an Initial Review as described below, most do.
The purpose of the Initial Review is to try to determine as quickly as possible if your trademark problem can be solved either by winning or settling with the other party.
Usually in the 3 hours of the Initial Review I can determine and explain what your chances ot prevailing or settling may be, and if it is worthwhile to proceed.
In some cases about 2 1/2 hours into the Initial Review I realize I cannot make a determination, need to read and assess more things, and in that event I show you my findings and ask if you wish to book the extra time I will tell you I need at that time.
I may find your chances of prevaling or settling your trademark problem are hopeless and if so will explain why.
If I find your chances of prevailing or settlement are good we then we can take next steps which may be a trademark settlement offer letter or other action.
I am extremely familiar with all the ins and outs of US trademark procedure and therefore can help a great deal after the Initial Review if this a US trademark opposition, cancellation, office action, or you wish to object to the mark of another party as opposer.
If this is a trademark problem outside the US, the Initial Review will help your attorneys with the defense and settlement steps, or if hopeless save you a lot of time and money.
Most of this page is written for US trademark problems though I help with trademark problems worldwide as they are all very similar.
A trademark opposition or cancellation is a serious business problem, a law suit in a lower federal court, the Trademark Trial and Appeal Board – or – if you have no US Federal Trademark a claim of infringement can easily become a law suit in District Court.
You should know that even if you abandon a Mark as a result of an infringement claim, you still may be held liable for the period of time the infringement occurred.
Many are surprised to read the US Federal Law about civil action based on trademark infringement and to see how it potentially applies to their own situation. International and country-specific laws have similar remedies for trademark infringement.
My procedures go to a depth and scope few attorneys have time for or even consider.
From a business and trademark perspective, I help assess the risks and rewards, the benefits and the liabilities, the merit or lack of it, in a way attorneys often cannot.
The main difference between me and a trademark attorney is my 30+ years design, naming, marketing and business experience. Read the DuPont Factors and you’ll find most trademark problems are based on marketing and promotion and not so much law.
Recent changes to TTAB Rules and Procedure require a pre-trial settlement discussion.
If for an opposition or cancellation, the Initial Review (available below) provides detail and investigation helpful in pretrial settlement discussion, and more important, avoiding statements in pretrial settlement discussion that could be unintentionally harmful.
To start >> you book 1 Initial Review, and I spend the time setting up your account and creating an informal report so that I know just enough to begin to discuss this with you.
I manage issues in two stages: The Initial Review, then, if all looks good in the Initial Review, I ask for your approval to book additional time at my current hourly rate to proceed, and we can proceed in blocks of 3, 5, 7, 9 or more hours per block.
If we determine we need to proceed to an answer to an Opposition or Petition to Cancel, or file an opposition or cancellation (in the US) I shall likely ask you book ‘7’ here at the current minimum rate.
If we determine that we need to do other things like a cease and desist letter, business letter to the other party, settlement offer letter, respond to an Office Action, or take other actions, or if I find I need more time to research than I had in the 3 hours of the Initial Review, I then ask you to approve the time to do these things at my current hourly rate and you will entirely understand the reason why.
If all does not look good in the Initial Review, I tell you and we stop right there.
You may also take the Initial Review to attorneys and others so they quickly understand, and attorneys can show or share the Initial Review with their clients.
Everything I do is always with your best interests in mind, fully explained in plain English, often layman’s terms, and treated with the same concern as if the issues were my own.
Of greatest value to you is my 30+ years of brand and marketing experience, and being a researcher, writer, designer, and close follower of business trends. This enables me to interpret findings in unique ways, helping develop strategies others may overlook.
You will also appreciate how thorough, responsive and attentive I am, as well as the logical and easy to understand step by step manner in which we proceed, and you will learn more about trademarks than you ever knew possible.
The first step is to book the time for the Initial 3-hour Review below.
To start: > Book Time online just once below, click “Add to Cart” , ‘Checkout’
Works worldwide. All charges accepted in $USD as ESSENTUALE and appear on your next statement.
You’ll get two email receipts after checkout and so will I:
1. Order Confirmation (when ordered – instantly)
2. Your Order Has Been Shipped (when booked – usually same day)
“Order Shipped” indicates the time for your project time is booked.
“Order Shipped’ means booked, a project number is assigned by email in the invoice.
I receive the same emails and place a copy in a yellow folder with a time sheet.
You book time, the invoice number places time you booked in my schedule, you created an account, and I have a project number from which I deduct time by the 1/4 hour.
You get an instant email confirmation and the Initial Review is scheduled.