Trademark Problem Opposition Refusal Office Action

You can win a trademark opposition, overcome and reverse a final trademark office action refusal.

Trademark Consultant – an Attorney, a trademark and business problem solver.

Our trademark attorneys in San Diego will provide you fast and affordable trademark services and counseling. You can win a trademark opposition or reverse a final refusal decision from the USPTO, though it takes perseverance, tenacity, common sense, a good deal of investigation, research, strategy, and enough knowledge to avoid escalation.  Please call our trademark attorney at (888) 636-4884 or Click here for a FREE consultation now!

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. Trademarks are brands, brands involve commerce, commerce involves everything that surrounds the brand:

  • advertising, marketing, design, promotion
  • packaging, ‘look and feel’, commercial impression
  • channels of trade
  • trade customs
  • distribution methods
  • buyer demographics
  • pricing

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. You’ll start to see that trademarks are directly related to how a brand is marketed.

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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 the 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:

  • business practices, commerce practices
  • channels of trade, trade customs
  • industry practices and historical changes
  • advertising, marketing, sales, promotion
  • packaging

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.

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 afterward. 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.

If you plan to defend yourself ‘Pro Se’, though the USPTO wisely recommends against this, there is a good chance that I can help – as a trademark consultant and advisor. 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:

  • assist with strategy
  • analyze and help you understand your situation
  • help develop your defense
  • write an effective Notice of Opposition or Petition to Cancel
  • write the Answer to the Notice of Opposition or Petition to Cancel
  • write the brief to respond to a non-final office action
  • write the appeal brief in an appeal to the TTAB (as a result of a final refusal)
  • write formal replies to letters opposing your trademark or application
  • write effective cease and desist letters answer many of your trademark questions
  • perform research and investigation to determine how you might proceed
  • discuss and evaluate some options and strategies
  • explain the trademark process, concepts, and terminology
  • explain how to be sure you are using your mark as a trademark
  • save time and money while reducing the risk

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.

Some client comments:

“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
things from different angles helps a lot.”

“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 a 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.

How Trademark Attorneys and intellectual law firms can help you in solving trademark issues.

We can help you in research, analysis, and investigation necessary to prepare a convincing brief. We know a good deal about business as well as unique ways to research cases. For an explanation of the basics of trademarks, applications, and trademark registration.

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.

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

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