Trademark help with trademark problems

Brand names, product names, service names, and how casual naming can entirely jeopardize your business.

Whether you apply for a trademark or not, and whether the trademark examiner approves your name or not, your use of your trade name, brand name, company name (with or without a trademark) could easily cause a law suit.

If you currently have a trademark problem or believe you may click here.

Typically the law suit is based upon likelihood of confusion among consumers and/or within the trade. The law suit can seek monetary damages, and in nearly all cases includes an order for you to stop using your brand name, destroy everything the brand name appears on, and never use that brand, product, company or service name again.

Furthermore, the way in which you use your company, product, service, or brand name can increase your rights in your name, diminish your rights in your name, or entirely eliminate all your rights in your company, brand, product or service name.

So you can see why I focus on and highly encourage creating safe, strong, company, product, service, and brand names, and will learn more about naming as you read on.

“I have spent thousands upon thousands with attorneys, and the money spent with you was well worth it!”

I help avoid trademark problems, and help resolve trademark problems.

I help people avoid trademark problems before they first use a mark or trade name.

I help trademark attorneys, civil attorneys, and individuals understand and prevail in simple and highly complex matters relating to trademark application as well as trademark problems after filing, including trademark oppositions and trademark cancellations.

If you currently have a trademark problem or believe you may click here.

Investigation and analysis before application or filing or use will:

help strengthen your position and mark
help the trademark office process your application
help you understand the trademark process
help you understand the function and proper use of trademarks
help you develop or confirm safe, smart company, product, service brand names
help you maintain your rights in the mark
help in the event of non-final office action
help in any final trademark refusal
help in any needed argument or defense
help present your case and interface with trademark and business attorneys
help you understand what attorneys are telling you
help protect your trademark and investment

I focus on two areas of greatest liability prior to application:

help with naming and review of naming process candidates
help with description of branded goods and services

You need help before trademark application because your original description in trademark application can be limited yet never broadened in scope. Many are surprised to find this, ask for help later, and in some cases no one could help.

The description and mark act as a unit – protecting your brand together.

We work together to help define your mark (the description):

based on your business plan and future plan
from a marketing perspective – well beyond trademark attorney level
directly in line with the exact same factors that cause oppositions

There is no safer or smarter naming method.

I routinely help attorneys that file for their clients, and help non-attorneys filing ‘Pro Se’ or as individual and on their own.

“All I can say is you’ve earned my deepest respect, really. Now I understand things that I didn’t before, thanks to the way you explained everything.”

The circle ® is not a ‘license’, and most misunderstand this.

The fluid nature of business and trademark is why you want and need help from a trademark investigator with a business perspective.

The circle ® is more like a permit. It can be cancelled.

Anyone can Petition to Cancel at any time, often at the worst time.

A mark with the circle ® can be misused as ‘escalator’ was, and be forced to abandonment through genericide. Had the mark Escalator been properly used for moving stairs, the trademark could certainly be in force today. Instead it became generic.

We help create ways to use your existing TM or circle ® registered mark properly, and help you remain capable of defending the mark – as registered.

There’s much more to the circle ® than you may have thought.

Trademark-related pages on this Site:

naming strategies to avoid trademark problems
trademark problem(s) that led me to become a trademark consultant
TM investigation helps brand managers, attorneys, and non-attorneys
trademark application, filing, registration
trademark resources
online store
trademark problems are based more on commerce than law
common questions relating to a trademark opposition
The Dupont Factors

If you are having a trademark problem, click here >>

Quick links:

Marks that can never become trademarks
Reasons registrations may be refused
Factors related to likelihood of confusion
I have a trademark problem right now >>
I need help with trademark application >>

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

If you are having a trademark problem, click here >>

Other US off-site trademark problem resources:

United States Patent and Trademark Office
Trademark Trial and Appeal Board
Trademark Law Rules of Practice
Trademark Manual of Examination Procedures (TMEP)
Trademark Trial and Appeal Board Manual of Procedure (TBMP)
Trademark Frequently Asked Questions
USPTO Glossary of Trademark Terms
International Glossary of Trademark Terms
NOLO Legal Glossary
Federal Rules of Civil Procedure
Game helps you understand “likelihood of confusion” – Canadian site
Office Actions

If you are having a trademark problem, click here >>

Clients are saying great things and great things have been happening…

“Impressive work. You’re providing really good value. Thank you!”

“I ran this by a trademark attorney who agreed with your assessments. He said you seem to have a good grasp of these matters ;)”

“Your Opposition strategy 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.”

“Really, really impressive work. Thanks so much for this.”

“All I can say is you’ve earned my deepest respect, really. Now I understand things that I didn’t before, thanks to the way you explained everything.”

“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!”

“Thanks Rob. I agree with your points. I think we make a good team… seeing
things from different angles helps a lot.”

“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
there’s at least a chance we could keep the name.”

“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!!)”

“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.”

“Thanks for the great work. I really appreciate your thoroughness and the quality/substance of your report.”

“They commence with a well funded very vicious attack – but ‘how the mighty have fallen’. Like you once said: ‘They started it’ but we certainly finished it ‘big time’. Thanks very much indeed for your incredible insights, vigilance and assistance.”

“You definitely know your stuff. Glad I found you!”

There have been many, many, many more comments like the above from civil attorneys, trademark attorneys, and individuals.

Trademark and branding pages:

Naming a company, product or service learn more >>
How trademarks work and how to get one learn more >>
Winning a trademark opposition learn more >>
Filing a trademark application properly learn more >>
Creating a name for trademark and other purposes learn more >>
Trademark Opposition and Cancellation Questions and Answers FAQs >>
More trademark resources learn more >>

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