4 steps to protect your company’s name

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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.

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Seven Loyalty FUNdamentals

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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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Dress up to move up

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

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Fashion choices for workplace

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

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Tips to Succeed:Dressing for work

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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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Tips to Succeed: Workplace relationships

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Here is Tip No. 89 from Larry Litwin’s The ABCs of Strategic CommunicationLike The Public Relations Practitioner’s Playbook for (all) Strategic CommunicatorsThe ABCs is used at two-dozen colleges and universities and has found itself on the desks of hundreds of professionals. It contains 7,000 definitions and nearly 300 proven successful strategic communication tips and techniques.

A leader, whether in or outside of the office, must be able to

understand the different types of personalities on his or her team.

Here are some tips to help strengthen professional and personal

relationships:

• Don’t criticize, condemn or complain. Avoid being negative and

offer only honest and sincere appreciation when warranted.

• Always show you’re happy to see someone. A pleasant or warm

greeting, especially after some length of time, is a particularly

effective approach.

• Be a good listener. Encourage others to talk more about themselves,

reaffirming your sincere interest.When you do speak,

always try to talk in terms of the other person’s interests.This is

an excellent way to redirect a conversation should you want to

move on to a different subject.

• Never forget that people are always impressed when you remember

their name.Nothing can strengthen a relationship like showing

you are interested enough in a person to recollect his or her

name. It adds an effective personal dimension to any relationship.

And saying the person’s name when you meet them is

exactly what they want to hear.

• Make the other person feel important.Use a sincere and honest

manner to establish a sense of worth and importance. Remember

that everyone has some quality or skill that makes him or her

important. When you recognize this in others, point it out in a

proactive manner – like catching them doing something good.

(From: Dale Carnegie Training of Central and Southern New Jersey)

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Tips to Succeed: A user-friendly website

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Here is Tip No. 9 from Larry Litwin’s The ABCs of Strategic CommunicationLike The Public Relations Practitioner’s Playbook for (all) Strategic CommunicatorsThe ABCs is used at two-dozen colleges and universities and has found itself on the desks of hundreds of professionals. It contains 7,000 definitions and nearly 300 proven successful strategic communication tips and techniques.

So many people flock to the Web that if your  website is not user-friendly you may be sending potential clients elsewhere.

Here are some hints to assure your Web site is right for business:

• Can visitors find information easily?

• Is the navigation clear and consistent throughout the site?

• Can visitors easily find your contact information?

• Do the pages load quickly on a standard modem connection?
Many users still have dial-up service.

• Are the most important elements of your site visible without
scrolling up and down or side to side on computer monitors set
to the 600 X 800 resolution size?

• Does the site look good and work with Netscape® and Internet
Explorer® browsers?

• Can the visitor identify what your business does or what products
you sell?

Research is clear, frustrated visitors leave difficult to navigate sites
and may not return.

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Workplace productivity killers – but first…

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This week’s blog is a potpourri. Watching last week’s baseball Hall of Fame ceremonies was inspirational. Here are just a couple of quotes. Tony LaRussa of the cardinals said he always preached, “team, tenacity and toughness.”

The Braves’ Tom Glavine thanked his parents for “setting the example” he and his siblings followed and for giving him as much time as he needed – getting him where he had to go so he could learn and play the game.
 
Joe Torre of the Yankees, Braves and Cardinals stressed to his players “It is not just ability, but also character and unselfishness.” He said he never hesitated to make phone calls on players’ behalf. “When people know your name they return your phone calls,” he said. Like LaRussa, Torre would tell his players it is about “chasing your dreams and putting the team above yourself. It takes patience and persistence.” Torre still tells young players something Hall of Famer, the late Tony Gwynn once told him: “All I ever tried to do was play the game the right way.”

There was so much more, but these highlights stood out.

Transitioning to workplace productivity, CareerBuilder lists these 10 “productivity killers”:

  • Cellphone and texting
  • Gossip
  • Internet surfing
  • Snack breaks or smoke breaks
  • Noisy co-workers
  • Meetings
  • Email
  • Co-workers dropping by
  • Co-workers putting calls on speaker phone

Nearly 75 percent of employers are taking efforts to address productivity killers in the workplace. They include:

  • Blocking certain Internet site
  • Limiting meetings
  • Monitoring emails and Internet usage
  • Restricting use of speaker phones if not is an office with a door
  • Prohibit personal calls and cellphones

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Re-energized after week at NSPRA

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          It never gets old. I just returned from the 61st annual National School Public Relations Association Seminar. It may have been the best ever – if not the best – certainly among the top few. How the NSPRA staff outdoes itself each year is a tribute to Rich Bagin and his staff. Below is a summary from my plethora of notes. One does not need to be a school public relations communicator to take advantage of NSPRA. Its strategies and tactics may be applied to many strategic communication disciplines.

          On a personal note, I remain amazed and gratified by the number of colleagues who compliment me on my two books (available from NSPRA and on my website). I remind them it may be my name on the books’ covers, but many former students contributed their time and sweat to the research and editing. 

          OK, here goes my recollections of our nearly a week in the Charm City of Baltimore. Next year, NSPRA returns to Nashville for No. 62.

Before you read another word, view this video: For me as a college professor, it says all I need to know…(later from John Draper)…

https://www.youtube.com/watch?v=fV1euJB9LBs&feature=youtu.be

           The first keynoter was Jonah Berger, University of Pennsylvania assistant professor (jonahberger.com). He opened with this rhetorical question: Which is tastier?

          Broccoli or a cheeseburger. That question led to this one: How tasty are our (strategic) messages?

          Berger says, “We build the right messages but people don’t (necessarily) want to taste them. We have to make them tastier in their minds. We have to take the broccoli and make it tastier.” 

  • Disney
  • Cheerios
  • Scrubbing Bubbles

          Which gets talked about the most? It’s Cheerios. Check out Berger’s book Contagious – Why things catch on. He explains why.

          Says Berger: “Stories are the currency of conversations.Word of mouth generates more than twice the sales of (traditional) advertising. 

          This should come as no surprise. How do we reach the right person? We target to find the people most interested in what we are selling. Berger says, “Word of mouth targets for you.” He offered this example: “When a professor asks for a copy of my book, I send two. That professor turns into an advocate when I suggest he/she give the second book to a colleague who would be interested. He/she targets for me.”

          Word of mouth has the same effect. We tell friends – especially if they are active or interested in what we have to say.

          Here is a question:  What percent of word of mouth is spread online via social media, blogs, email and chat rooms? Hope you are sitting down. It is on seven percent. 

          Strategic communicators must understand face-to-face and word of mouth and the psychology behind those channels.

          Berger reminded his audience that what we wear, what we drive and talk about are a signal of what and who we are.

He offers this advice:

1. Make people feel like insiders. Make people feel special. When they are in the know they are more likely to share.

2.  Find the inner re-marketability. It should be surprising, novel and interesting. 

          Show people re-marketability…don’t just tell them. Show rather than tell. 

          An excellent website is NYC.gov/health check it out. 

          Berger discussed “triggers.” A recent popular ad is Geico’s Hump Day Camel TV ad. It runs on Wednesdays. 

          More advice: Top of mind means tip of tongue. It’s not whether “they” like your message. It is whether “they” remember it. 

People talk about ideas when they are using the products. How about these tie-ins: 
Peanut butter and ???
Rum and ???
Weekends are made for (Michelob)
He challenged school communicators to come up with their own peanut butter and…(tie in). In other words, what ties into your school?

          One of the new commercial tie-ins is: Kit Kat and coffee. 

          You don’t want people thinking about your message after it’s too late

          He says EMOTION is when we care and when we share. 

          An example is Google – the world’s most functional company. Google shows people through emotion. Schools must do the same through a story.

          The word WHY:
          Do you use it to your advantage?
          The more you ask why the more you get to an emotional core. 

          Did you know that when people are angry they share things?

          Do all emotions increase sharing?

          Anger
          Sadness
          Emotionality

          Anger – evokes highest anxiety. Emotion – when we care we share.           Sadness – when you are sad you don’t want to do much. 

          Positive is: excitement humor awe contentment

          Negative is:
          Anger
          Anxiety
          Sadness 
          Positive evokes high arousal 
          Negative low arousal

Here is something interesting and psychological about numbers:

Look at 20: numbers are more than just numbers…5 of 20 is 25 percent.

Rule of 100…5 of 20 doesn’t sound like much but 25 percent does. When you hit 25 percent of 2,000, 500 sounds like more. 

Share stories rather than numbers. Don’t just say someone lost 50 pounds show it and tell your story through words and pictures.

How about the Subway guy Jared. Show that 5 grams less by showing how big Jared’s old pants were before he lost all that weight, presumably eating at Subway. It is not just a story, it is a Trojan horse story. The message comes along for the ride. 

That’s why lying is a bad idea. Lying usually comes with a story.

Panda cheese…
Company named panda makes cheese. Panda has succeeded in getting its audiences to make Panda a brand champion when people think shop for cheese.

How about when you picture Corona – you picture a beach.

Berger’s Six Principles of Contagiousness

  1. Social currency
  2. Triggers
  3. Emotion
  4. Public
  5. Practical value
  6. Stories

    Two key next steps

    1) Find your message – Get your message and build on it.

2) Apply the Steps – There is a science on why people share things.

Visit Berger’s website for free stuff. Check out STEPPS and other “stuff.”

Jonahberger.com/resources

John Draper was day two keynoter. He was outstanding. Draper’s PowerPoint is online and anyone may use it. He suggests giving NSPRA the credit. Here goes:

Says Draper: Political skill, no matter how effective, will eventually succumb to public will.

 
We cannot declare a war. We must keep people together. Change the way people feel about their schools.

There are 8-million public school employees. 

The myth…our schools are good, but the others are lousy. 

Draper focused on the “Seven habits of highly effective school leaders” on www.JohnDraper.org and “Public Schools That Work”
www.pstw.org 
. His site is a gold mine.

If you haven’t linked to this video yet, do it now:

https://www.youtube.com/watch?v=fV1euJB9LBs&feature=youtu.be

Seven Habits of Highly Effective School Leaders

Dr. John Draper

www.JohnDraper.org

  1. Avoid public comparisons of schools or districts—particularly economically unequal ones
  2. Don’t allow test scores to define your school—fully embrace Every Child a Graduate
  3. Inspire teachers with a “Successory” program—if you don’t feed the teachers . . .
  4. Plan celebrations of success—using technology to connect and inspire
  5. Use stories to overcome the Villains of Communication
  6. Put a face on children of poverty—tell the stories of individual students
  7. Intentionally build connections with faith organizations, first-responders, and veterans to retool our image

So you know, “The Seven Habits of Highly Effective School Leaders” is part of the presentation Paddling Upstream in a Public School Canoe by Dr. Draper. 

          Here are some random notes:

 Every school is a reflection of its community. 

Don’t put test scores out no matter whether they are good or bad. 

As stated in Number 3: Inspire teachers with a “Successory” program—if you don’t feed the teachers . . .

If you don’t feed the teachers they will eat the kids. Look at successory. Think about having students write Thank You Notes from them to teachers or maybe others…custodian, bus driver or someone else who has impacted them. They should be written in duplicate: Two copies…white and yellow. The recipient gets white. Yellow goes to the principal who selects some and the students get a prize…gift card, etc. Some get published in a newspaper, newsletter, online, etc. Some districts have created television features shown locally. 
          By sharing these Thank You Notes, it returns focus to kids.
No. 4 is Plan celebrations of success—using technology to connect and inspire.
Plan celebrations. Keep in mind, the superintendent should be the district’s chief morale officer. 
Draper says, “Successory programs are a no brainer.”
          Draper talked about districtwide celebration days. Those videos, too, are available on his site. He is so committed to students he stressed, “Give me no credit for what you use. You take the credit. Just spread the word.”

          A celebration day was about the good things happening in Waterloo schools. Each employee was asked to bring a friend. Such events help spread the word.
          Waterloo Schools’ slogan: “Engaged in learning…prepared for success.”

Once a month, Waterloo holds a celebration of student success. Its staff pulls together like family. Miracles happen every day in the Waterloo schools and in all schools. Waterloo schools succeed. Draper says the videos must be inspiring or uplifting or both. 
          Draper’s No. 5 was no different from Jonah Berger, the CBS “60 Minutes” philosophy and even my approach: spread the strategic messages by telling stories.
          He advises avoid information overload.

More advice: The most charismatic speakers are not the most remembered. It’s the worst speaker who tells good stories who is remembered – at least the stories are.

     No. 6 is about stories. It’s about students. Put a face on students – whether poverty students or otherwise. 
     A message: Education cuts never heal. You can make a difference. Poor children are not lazy or stupid. They are just poor.
     No. 7 is about building connections. Intentionally build connections with faith organizations, first-responders and veterans to retool our image.

More advice: There is a declining trust in government. Schools must

disassociate with congress. Says Draper: Public schools are the nation’s foundation. Keep in mind that what we do is a good deed. 
          He suggests, no matter, put a face on students – even those from poverty and special needs. Visit public schools that work.org. (www.pstw.org launches this fall.)
          How do we make paddling up stream easier? Reverse the flow. 

          Help your staff realize the difference they make.
          Inspire them and lead them.
          Remind them that miracles happen every day in all public schools.
          Tell parents “We need you!!!”
Not only are your schools good, but so are the others. 

  • Here, from Draper are Three Fundamental Messages of Public Schools That Work:
    Good things are happening in public schools everywhere—even in our most challenged districts
  • Public schools must change to better serve today’s students
  • Employees are essential to spread the good news and lead the change

The Bob Grossman Leadership in School Communication Award went to April Domine, superintendent of New Albany, Ohio Public schools. In her remarks, she asked:

  • “Is everyone as safe as can be?
  • Are students learning?
  • Do people know about it?
    Dr. Domine is now doing online chats, town meetings and  open office hours. She says a district’s communication person must be part of the leadership team. 

The Barry Gaskins Mentor Legacy Award went to Annette Eyman, APR, director, communications, Papillion-LaVista (Neb.) School District.
          Eyman offered these thoughts:

5. Everyone can do your job. Accept it. But they can’t do it with precision.

4. Know who the boss is. But do not hesitate to question him/her behind closed doors. However, praise and support your “boss” in public.

3. Remember to laugh even with stress and press. Love what you do. Knowing the MIT (most important task) is key.
2. Be a story teller but don’t be star struck. You are not getting the spotlight. Staff should get the spotlight shined on them. You are behind the scenes. 
1. Remember why we do what we do. When you are having one of those days, think of your students. The American dream is alive and well in our schools. 

NSPRA offered so much more, but that would be information overload.

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Techniques to Succeed: Grunig’s Four Models of Public Relations

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This week’s blog comes from The ABCs of Strategic Communication (AuthorHouse – 2008), which contains 7,000 strategic communication definitions plus 282 Tips and Techniques.

James Grunig and Todd Hunt developed four models of public relations. Each differs in the purpose and nature of communication. 

Press Agentry/Publicity – one-way communication – uses persuasion and manipulation to influence audience to behave as the organization desires (One way with propaganda as its purpose.)

Public Information – one-way communication – use news releases and other one-way communication techniques to distribute organizational information. Public relations practitioner is often referred to as the “journalist in residence.” (One way with dissemination of truthful information.)

Two-way asymmetrical – two way – Sometimes called “scientific persuasion” (short term rather than long term). Uses persuasion and manipulation to influence audience to behave as the organization desires – incorporates lots of feedback from target audiences and publics – used by an organization primarily interested in having its publics come around to its way of thinking rather changing the organization, its policies, or its views.

Two-way symmetrical – two way – Uses communication to negotiate with publics, resolve conflict, and promote mutual understanding and respect between the organization and its public(s). Research is used not only to gather information, but also to change the organization’s behavior.Understanding, rather than persuasion, is the objective.  (Every attempt is made for each side to understand the other’s point of view. If your public agrees with you, then you must find a way to communicate with the public and motivate it to act.) Seems to be used more by non-profit organizations, government agencies and heavily regulated businesses (public utilities) rather than by competitive, profit driven companies.

Thanks to: James Grunig and Todd Hunt – University of Maryland – 1984

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