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 Trademark : trademark problems, opposition, trademark cancellation |
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Trademark
and Service Mark Problems:
I can help with a simple or complex trademark problem (with or without a Trademark Attorney), as an experienced trademark consultant and advisor. If you currently need help with a trademark problem click here.
Not an
attorney, I have read thousands of trademark case documents, oppositions,
cancellations, appeals, motions, briefs, office actions and letters,
line by line, paragraph by paragraph, dissecting, looking for patterns, storing what I felt to be the 'best and sweetest'
strategies and wording and arguments and defenses, analyzing strategies
that worked, noting those that did not. The problem solving procedure and systematic approach required to resolve business and marketing problems is extremely similar to the unique way I resolve trademark problems - based on research and analysis I found few attorneys have time for. The factors that cause trademark problems and help resolve them turn out to include all the things I've done in my life - for 30+ years. I've been helping attorneys and non-attorneys resolve trademark problems ever since, doing research, analyzing cases, helping draft and recommending answers, oppositions, cancellations and briefs as a result of investigating adversaries and developing strategies, options, alternatives and contingencies. Three very important things to understand about any trademark case problem:
This Site contains a great amount of information about trademark problems, however, I never recommend anyone take the risk of attempting to resolve any trademark problem without the help of someone that understands trademarks and branding. 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. I never considered serving as an expert witness, yet 30+ years as Cummings Design seems to qualify me to help in re branding, trademarks, and trademark problems though I always recommend the oversight and participation of a qualified trademark attorney. Here's the story of the trademark problem(s) I had (and resolved). By August of 2004, I was able to successfully defend a trademark opposition 'Pro Se' (on my own and without the help of any Attorney) in an interesting and unusual trademark inter partes [Latin: between parties] proceeding. Prior to this, I had successfully reversed a USPTO final refusal in an ex parte [Latin: by or for one party or by one side] proceeding; involving a final refusal from the trademark examiner for which I filed an appeal and an appeal brief. Back to the opposition... My trademark opposition involved a major International company represented by the senior partner of one of the world's leading intellectual property law firms. The trademark opposition began when I received an innocent looking Extension of time to oppose on April 8, 2003. A Notice of
Opposition on July 16, 2003 followed the extension of time to oppose. Writing and properly filing the Answer may seem simple, though I highly recommend that you have me help in order to avoid further complications. To the layman, and even many attorneys, an Opposition and the appropriate answer are not as they may first appear. In an answer, a boilerplate solution (which many attorneys choose), is definitely not the answer. Filing the proper Answer to the Notice of Opposition is the first step to winning in a trademark opposition, and the step the Opposer hopes you do not take. Developing a strong Answer (not typical boilerplate), based on knowledge of the Opposer, the industry, and the specifics of the situation, can set the stage to win. The time and effort and thought put into the answer sets the foundation for all that follows. Many attorneys fail at this critical stage. Opposition
dismissed - 'with prejudice' - the best possible outcome. Decision
reversed in a prior ex parte Trademark Appeal. As is
normal in the process, proceeding to registration allows your trademark to
be published for opposition, and, as can happen, a Notice of Opposition
was then filed (which I successfully defended). All in
all, in every respect, I won... with prejudice - the best way.
Trademark cases are normally handled by trademark attorneys, yet all trademarks are based on marketing far more than law. Learn more >> As it turned out, my 30+ year background in advertising, marketing, and promotion enable me to help develop argument that most trademark attorneys overlook. I began helping individuals on their own (Pro Se), still do, and now also work in the background for attorneys and their clients. Much bigger cases than I imagined - and I have no plans to pass the Bar Exam. Trademarks are brands - sold in commerce - marketed, promoted, advertised. I found I know more about brands - marketing, packaging, promotion, distribution - than nearly any trademark attorney ever could - the key.
With brand
knowledge, tenacity, and investigation, I help win trademark cases.
... and even more possible with my help, coaching, writing, analysis.
Chances of
winning are even more greatly increased when you have me work with your
attorney and/or your law firm which I am honored to do and enjoy. You can win without a Trademark Attorney (as I did), however, the only way I was able to win was by learning the hard way... by reading 100's of cases, diligently studying trademark law, gaining insight into how other cases were won (and lost), and spending a tremendous amount of time and effort (i.e. years). I now help others with trademark problems including issues related to a non-final office action, final refusal or final office action, appeal to the Trademark Trial and Appeal Board, Notice of Opposition and/or Petition for Cancellation, and understanding trademark law and trademark-related concepts in general. If you are having a trademark problem, click here >> Attorneys and non-attorneys turn to me (non-attorney). Today,
Attorneys and individuals hire me to help win and/or avoid simple as
well as extremely complex, intricate trademark problems. Self-taught in law, I have read or glanced 1000's of trademark cases. I assess trademark problems from a business and marketing perspective, something lawyers rarely do since they think mainly legal. Trademark problems are based on marketing and business principles. Self-taught in law from my own trademark problem, and now many others, I think differently than most trademark lawyers. The
Dupont Factors, used to determine likelihood of confusion, are
directly related to brand marketing principles and concepts - not law -
which is how it clicked. My goal is to help resolve trademark problems as well as provide a greater level of assurance that the issues raised will never be raised again in the future.
Get quick answers to trademark opposition and cancellation questions >>
Click now
for helpful trademark problem information
>>
"I wish I found you long ago, for trademark and marketing solutions." 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. Other trademark-related pages from Rob Cummings:
Have a
trademark problem?
Click here Clients and attorneys are saying great things and great things have been happening... "Really, really impressive work. Thanks so much
for this." "Thanks so much for pointing out the risk associated with the Mark they proposed we change ours to, and also for scaring the crap out of me." "I have spent thousands upon thousands with attorneys, and the money spent with you was well worth it!" "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." "They filed the withdrawal today. Thank you for all the help and input you provided. You definitely know trademark issues and can draw a good strategy for the resolution." "I just finished reviewing your work and I must say you are an excellent researcher! You seem to pay a lot more attention to detail than most IP lawyers would, you clearly have a passion for what you do. "I am encouraged by your research and thoughtful
analysis, and love the fact that "Just wanted to express my appreciation for everything that you're doing. Really love the work, the thought, the strategy. Totally awesome. Regardless of how this turns out - you're making an unpleasant experience much easier. (Kind of like a good dentist!!)" "Impressive work. You're providing really good value. Thank you!" "All the thanks go to you Rob, we never could have done it without you!" "Just a quick note to thank you for your help. You were genuine, pushed me when I needed a push, and patiently waded through my "venting" at the end. Your assessments were honest and on-target, and I appreciate it." "I really appreciate all your help with this matter. Instead of
me mucking around and slowly coming up to speed on the issues, with your
help, I was able to get a quick and very helpful understanding of the
matter and what would be good to do. Again, I really appreciate it."
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