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I had
trademark problems,
Attorneys and non-attorneys
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Trademark Investigator: trademark problems, opposition, cancellation  |
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Trademark investigation based on marketing helps win in a trademark opposition,
cancellation, or office action.
Trademark investigation helps resolve trademark problems and helps attorneys and individuals build stronger offenses and defenses for trademark issues. Recent
changes to Trademark Trial and Appeal Board (TTAB) Rules and Procedure require a pre-trial settlement
discussion.
"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."
Trademarks are brands - sold in commerce - marketed, promoted, advertised. From 30+ years experience, I found I knew more about brands - marketing, packaging, promotion, distribution - than nearly any trademark attorney ever could - the key. I found trademark problems are based on marketing principles and concepts, yet few attorneys studied, followed, or were directly involved with brands and brand marketing. A strategic writer and relentless researcher all along, I had my own trademark problems (below), read a lot, won, it clicked. 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 unique approach to trademark investigation involves studying the market, the adversary, trade customs, current and past events, and other factors (rather than often outdated case law), and this approach results in:
With brand knowledge, tenacity, and investigation that extends well beyond that of nearly all attorneys, I help win trademark cases and overcome trademark problems.
Have a
trademark problem?
Click here Winning is certainly possible (with significant study and judgment) in:
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). Trademark problems are rooted in marketing, advertising and distribution principles. Three very important things to understand about any trademark case problem:
If you have an attorney, plan to represent yourself (Pro Se), or are an attorney or in-house counsel, I can help. Since trademark problems are directly related to current business law, trade customs, and practices, attorneys and law firms that rely on case law often rely on cases that are not current. Business and trademarks are fluid and ever changing, so a case (or case law) of 5 years ago may not apply today - and more than likely will not. I stay current, read a lot, follow business, think about how business is changing or has changed, and employ this knowledge as I investigate solutions to trademark problems. Without relying on case law I have made stronger, more relevant arguments. Investigation of the facts and the industry have been key to my success. Self-taught in law, at this point I have read or glanced 1000's of trademark cases. The combination of 30+ years marketing, branding, packaging, product development and naming experience, with a good grasp of trademark matters, gives me a unique and valuable perspective as this relates to how I resolve trademark problems. Today, Attorneys and individuals hire me to help win and/or avoid simple as well as extremely complex, intricate trademark problems. Investigation and research often leads to significant discovery. In my trademark investigation I have found detail and information that can positively affect the outcome of trademark oppositions, cancellations, and office actions. Here's the story of the trademark problem(s) I had (and resolved) that led me to doing trademark investigation and case analysis. 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, difficult, and unusual trademark inter partes [Latin: between parties] proceeding. My own in-depth investigation provided important details about the opposer. Prior to this, I had successfully reversed a 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 filed against me... 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 and/or contact a highly qualified trademark attorney. 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. Following investigation, I develop what has been referred to as an 'artful' answer, and this type of answer is the foundation for all that follows. The answer in a trademark cancellation or opposition can make or break the case. Opposition
dismissed - 'with prejudice' - the best possible outcome. Rather than making quick judgment, investigation not only enabled me to win my case and determine best courses of action, but also, the same investigation is now helpful in defending my mark against any future trademark problem. 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 more than law. Learn more >> "I wish I found you long ago, for trademark and marketing solutions." Get quick answers to trademark opposition and cancellation questions >>
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Have a trademark problem? Need investigation? Click here. 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. Recent
changes to TTAB Rules and Procedure require a pre-trial settlement
discussion.
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