Author: Larry Litwin

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Strategic Rhonda Abrams via USA Today has written a terrific piece on Trademarks and service marks.  Here is the link: http://usat.ly/1tIo3jO 

 

If you prefer reading the column here, it is below. Full credit to Abrams and USA Today.

You’ve got a great idea for a new company or product. You’re getting ready to launch. You’ve even come up with a catchy name that everyone says is terrific. You’re ready to roll.

Whoa! Before you print up a bunch of business cards or make signs to hang outside your new small business, be sure to check whether you can protect that name you’ve fallen in love with. You need to see if you can get it trademarked — or if someone else has the rights to it already.

There are two primary kinds of trademarks:

— Trademark. A word, phrase, symbol, or design (or a combination of these) that identifies and distinguishes the maker of a product from makers of other, similar, products.

— Service mark. The same as a trademark, except that a service mark identifies and distinguishes the provider of a service rather than a product.

When your company acquires a trademark or service mark, no other company can legally use that name for competing products or services. Note the word “competing.” Two companies that operate in completely different business spheres can have the same or similar names.

That’s because trademark law is designed to prevent confusion in the marketplace. So trademarks are tied to a particular class of “goods and services” (GS). If you make video games with a certain brand name and also want to make T-shirts with that same name, you’ll want to get trademarks for both those two classes.

You may be surprised to learn you can’t trademark the simplest names. The US Patent and Trademark Office, or USPTO, requires a mark to be “distinctive” and not simply “descriptive.” For instance, you can’t get a trademark for a health resort called Spa, because it’s merely descriptive.

That can make things quite complicated — especially if you’re creating a whole new type of product. Years ago, for example, I had a client who had invented a new kind of sporting board, which he gave the brand name “Mountain Board.” USPTO required him to show that wasn’t just descriptive, and we came up with the term “all terrain board” to describe the class of product. He got the trademark.

When deciding on a name for your company, product, or service, first check to see if anyone else has a trademark for that name (or something very similar) in a related category of goods or services.

Here’s how to do a basic trademark search:

— Go to the USPTO website. Click on “Search for Trademarks.”

— In addition to searching for the specific name you’re considering, search for any similar names — whether in spelling, sound, or meaning.

— Check to see whether a mark is “alive” or “dead.” Dead marks mean they’re likely to be available.

— Click on any potentially competing trademarks and to see which categories or classes of products/services the mark is being used for. You can learn about those classes at the USPTO site or more easily from the legal services company,LegalZoom.

Be careful, however, if you choose a name that’s too close to a big company. Because here’s the truth about conflicting — or nearly conflicting — trademarks: the company willing to spend the most on lawsuits wins.

Take heart, however, there’s one way to leverage a trademark battle with a huge company — through the media. For example, in August, Saks Fifth Avenue sent a “cease and desist” letter to Snaks 5th Avenchew. The tiny New Jersey-based maker of gourmet treats for dogs and horses received far more press coverage than they could have afforded to pay for.

Now, I’m not advising you to choose a name that’s likely to infringe, but you may encounter such opposition for innocent actions.

Mind you, there’s a very good reason big companies go after little guys. It’s something you, too, need to know about protecting your trademark. If you don’t actively protect your mark, the courts can deem it in the “public domain.” That’s what happened to many previous trademarked names such as “zipper” or “thermos.”

Finally, if you’re investing a lot in your brand or company names, I’d suggest contacting a professional trademark search firm or lawyer. Some names may already be in use in interstate commerce but not yet officially registered.

Your name is a valuable company asset — protect it!

Rhonda Abrams is president of The Planning Shop and publisher of books for entrepreneurs. Her most recent book is Entrepreneurship: A Real-World Approach. Twitter: @RhondaAbrams. Facebook: facebook.com/RhondaAbramsSmallBusiness.

[To comment: Larry at LarryLitwin dot com]

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On Monday, Sept. 22, 2015, “The Philadelphia Inquirer” carried a wonderful custer service story featuring Tom Burgoyne — the Phillie Phantic’s best friend. The following “Seven Loyalty FUNdamentals” come from Tom and DillonMarcus Executive Retreats. There is much more on their site.

• Make them feel special and loved.
• Make every encounter count.
• Make it fun.
• Put the right people in tyhe right positions and treat them right.
• Be committed to excellence.
• Bridge the divide between you and your customers.
• Dance and be optimistic, no matter what the score.

GREAT advice. See similar advice in Larry Litwin’s The Public Relations Practitioner’s Playbook for (all) Strategic Communicators.

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This “Tip” and dozens of others come from Larry Litwin’s The ABCs of Strategic Communication (available on www dot larry litwin dot com). [To comment: larry at larry litwin dot com.]

A woman who wants to climb the ladder of success might have to do it in tasteful, mid-height pumps. A man intent on getting ahead might invest in a few new ties — and keep them straightened.

In fact, a survey (Office Team, a subsidiary of Robert Half International) reports 93 percent of managers said an employee’s work dress influences his or her odds of winning a promotion; 33

percent said wardrobe plays a “significant” role in moving up.

KEY QUESTIONS

• Would my manager wear this?

• Could my outfit be a distraction for others?

• Does my attire make me feel self-assured and confident?

• Are my clothes clean, pressed and in good condition?

• Is my outfit comfortable and well-fitting?

It’s not about wearing expensive clothes, it’s about being appropriate. It is suggested professionals maintain business attire, suits with trousers or skirts for women and suits and ties for men.

Our business casual should be sweater sets and dress slacks. It’s important for workers starting out at a company to know the corporate culture regarding dress.

In building a career wardrobe, stock your closet with the basics:

• A navy blazer is a good staple for a man or a woman

• A black suit is versatile because you can throw on different shirts to change the look.

• Keep clothes clean and pressed, with hair neatly groomed.

• Women to use a light hand in applying makeup and to avoid flashy jewelry.

Another suggestion: before you go for that promotion, visualize yourself in the job.

Ask yourself,“would my manager wear this?” If there are two candidates with equal skill sets, the person who presents himself more

professionally has the edge.

Source: www.courierpostonline.com

[To comment: larry at larry litwin dot com.]

This “Tip” and dozens of others come from Larry Litwin’s The ABCs of Strategic Communication (available on www dot larry litwin dot com). [To comment: larry at larry litwin dot com.]

Although we are moving into fall, store this blog away for warmer weather — and keep its basics in mind.

When temperatures climb, workers wrestle with finding the middle ground between cool summer clothing and appropriate work attire.

Here is a summer fashion refresher for women:

• Show respect with how you dress at the office. Social skills are 75 percent of what determines a person’s success in business. Those skills include knowing how to dress.

• Business casual should be a mix of both. Pressed khakis and a crisp shirt are a better choice than a T-shirt and jeans.

• Beachwear such as flip-flops, tank tops, short skirts and shorts are not appropriate for the office.

• Women should choose sandals with straps over the flip-flops. Shoes should be closed-toed and beware of backless shoes that make an annoying clap-clap-clap sound when you walk.

• Do not wear sleeveless shirts, but if you have to wear one, pick a nice-looking sleeveless shell that can be worn under a jacket in case you need to look formal, fast.

• Other shirts that should be banned on most professionals: Shirts with spaghetti straps and anything that shows cleavage or bare

• Your skirt should not be more than a dollar bill’s width above

your knee.

Source: Leah Ingram – Author – The Everything Etiquette Book: A Modern Day Guide to

Good Manners and Gannett News Service

[To comment: larry at larry litwin dot com.]

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This “Tip” and dozens of others come from Larry Litwin’s The ABCs of Strategic Communication (available on www dot larry litwin dot com).

TIPS FOR MEN

•      If you are looking for a classic suit:

Gray, blue or black suit with a white dress shirt.

•      Do not experiment with the color of the shirt; you can add color

through the tie.

•      Ties can have a simple pattern with basic colors like blue, gold or

red.

•      Do not wear pastels or try the monochromatic shirt and tie

look if you’re meeting someone, like a hiring

manager or a client, for the first time.

•      Stay away from tan-colored suits or bold pin stripes.

TIPS FOR WOMEN

     Women have more options when dressing for work than men. Pay

attention to four key items: fit, accessories, color and style.

• Fit – Do your clothes fit properly? It doesn’t matter how expensive

an item is – if it is too tight or too big, it isn’t going to look good

on you.

• Accessories – Are your accessories too big, too bold or too bright?

Your accessories should be good-quality items that add to your

outfit without overpowering it.

• Color – Are you wearing clothing that is noticed because of its

color? Darker colors convey more authority than lighter ones.

Bright colors can “shout,’ and you should decide whether you want

to shout or not.

• Style – Are your clothes very stylish or part of the latest fashion

trend? If so, they will be noticed.This may be appropriate for your

social life but less so for work.

Credit: Neil Rosenthal – Owner – Executive Clothiers and Barbara Pachter – Pachter & Associates – Cherry Hill, N.J

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