Thursday, October 10, 2013

The Trademark Company Ranked #1 Trademark Firm by Intellectual Property Today Magazine

October 10, 2013

We are pleased to announce that The Trademark Company has been ranked as the Top Trademark Firm in the U.S. for 2013 by Intellectual Property Today magazine.

The ranking is a testament to the dedication, hard work, and zealous representation of our clients here at The Trademark Company.

Thanks to all who contributed to reaching this milestone.


Friday, May 24, 2013

The Trademark Company Ranked #1 Trademark Firm by Intellectual Property Today Magazine

October 10, 2013

For Immediate Distribution

We are pleased to announce that The Trademark Company has been ranked as the Top Trademark Firm in the U.S. for 2013 by Intellectual Property Today magazine.

The ranking is a testament to the dedication, hard work, and zealous representation of our clients here at The Trademark Company.

Thanks to all who contributed to reaching this milestone.

The Trademark Company

Thursday, May 2, 2013

3 Reasons to Protect Your Trademarks Now


May 2, 2013.
As seen on Inc.com.

Yes, I'm a lawyer. But I promise (Scout's honor) that you can trust what I'm about to tell you: Your business needs to protect its trademarks.

You may be saying to yourself, "Look at this attorney trying to drum up more business for himself and his brethren attorneys. How original." But my motivation is steeped in the lessons of life and business rather than self-interest. The simple truth is that most businesses are not protecting the trademarks they have, and they should.

Listen, what's your business's most important asset? Your store? You can lease new space.  Your website?  You can post a new site tomorrow. But how do your customers know who you are? How do they know to look for your goods or services? Ding ding ding--you're right: They look for your brand, your trademark.

So why haven't you filed for a federal registration with the U.S. Patent and Trademark Office? Are you just waiting to get into a trademark battle without the assistance of a federal registration for your trademark? If so, allow me to paraphrase Sean Connery from the Untouchables--that's like taking a knife to a gun fight.

Every day I talk with business owners embroiled in costly litigation. For what? Simply the right to keep their name. Why? Because they didn't take the steps necessary to protect it. It's not that they made a mistake, per se. It's just that they did not know. And that's where I come in. It's my job to spread the word so entrepreneurs know what must be done to protect their brands and why.

1.  Research and Clearance

The first step every business should take before adopting a new trademark, slogan, tag line, brand or logo is to make sure no one else is using it, or a similar trademark, already.

Perhaps the most common misconception among small business owners is that by making a minor change to an existing brand your proposed trademark is completely different from another (e.g. Nike vs. Nique, AT&T vs. AT&C). This is not the case. Minor alterations or distinctions between brands are often not sufficient and infringement is still likely.

Thus, you must conduct research, or have it done for you, to determine whether your proposed brand is available.

Why?

Because if you adopt a trademark that is confusingly similar to another's brand down the road, after spending thousands on marketing and rolling out your product, you may have to re-brand completely if your trademark is found to be infringing upon another's.

Thus, do your research early on and avoid this costly mistake.

2.  Notice to All

The flip side of conducting research to make sure your trademark is available is filing for protection of your brand so that others can find you when they conduct their own search.  In short, filing for your trademark with the U.S. Patent and Trademark Office ensures that all who would use a trademark in the U.S. are on notice of your claimed rights.

As such, by filing to register your trademarks you are taking a critical step in making sure that future infringement does not occur by informing the world that you and you alone own the same and that no one else should adopt a similar trademark to yours.

What happens if you do not? You can still enforce your unregistered trademark against others, but it is more difficult than if your trademark was registered. Moreover, for the relatively low cost of a federal trademark registration it makes sense to take this preventative measure.

3.  Start the Clock Towards Incontestability

If the above were not enough, here is one final gem that should inspire all who read this to take action now.

What most people do not know is that even a federal trademark registration can be challenged (e.g., cancelled) under certain circumstances (e.g., if another started use of a similar trademark to yours first). However, after five years of registration a federal trademark becomes incontestable. In other words, once you receive a federal registration for your trademark and once it has been registered for five years it cannot be challenged by another on the grounds that someone else may have earlier rights than you in the trademark.

The value of incontestability for a trademark holder cannot be understated. In short, once your trademark becomes incontestable your ability to enforce it is effectively supercharged as you virtually do not have to worry about an alleged infringer claiming earlier rights in their trademark to yours.

From an enforcement perspective, this is as good as gold.

Saturday, April 13, 2013

Recharge Your Batteries: 3 Steps


As Seen on Inc.com.

Most truly successful entrepreneurs share a common belief that no amount of success is ever enough. But even with an insatiable drive to be the best, successful entrepreneurs know that they too must take breaks and recharge their batteries to continue to grow their businesses.

Voluminous studies show that people are more productive at work when they don't eat at their desks but take a lunch break and then return refreshed for the afternoon haul. The same logic applies to larger times away from the office as well. Every so often even the most driven of us need to step away to relax. In turn, when we come back we are more focused and ready to tend to the tasks at hand.

Moreover, some of our greatest moments of clarity about our businesses often come at moments when we are temporarily detached. On a personal level, this was never more true than on a trip to the Atlantis Resort in 2009 when I decompressed by reading a simple business book by the pool while sipping on piƱa coladas. The book changed the way I conducted business and led to the reinvigoration of my quest for knowledge about how to build a great and lasting company. The book? Robert Kiyosaki's now iconic Rich Dad Poor Dad.

So how do you take a break and get away from it all? How do you recharge your batteries? Here are a few thoughts:

1. There Is No Single Correct Formula

Some authors will tell you that you must take time completely away from the office with no communication while you are gone. I disagree. For some personality types, mine included, the stress of being completely out of touch with the office would diminish any benefit from stepping away. As such, the ability to be in contact with the office, even if not actually relied upon, can actually be beneficial for those types of personalities.

2. Do It

The next step is often the most difficult: you just have to do it. Sit down, schedule the time off, and go. The best options, I always feel, are those that involve booking a trip where you must purchase airfare, a cruise, or some other means of transportation that requires an affirmative act to get on a plane, train, or boat on someone else's schedule. That way you know you must leave. If you merely plan to take a "staycation," and just hang out at home, you'll probably end up popping into the office. Eliminate this possibility.

3. Plan on Doing It Again

I'm a planner. I like having things scheduled so I can look forward to them in advance. So even when you are in the midst of a vacation recharging your batteries there is nothing wrong with thinking about your next vacation. For instance, on my most recent trip to the Caribbean I took a few hours to plan another trip for the same time next year. Now, although I am back at work and working hard, my batteries recharged, I know that I have a vacation planned in the future so I have something to look forward to. Time again to recharge my batteries.

Monday, March 25, 2013

7 Ways to Save More Money Now

As seen on Inc Magazine Online.

Once a quarter I sit down with our CFO and review our budget, projections for the upcoming months, and ways to reduce or control overhead to ramp up profitability.

In the zeal to grow a small business managers and CEOs all too often focus on revenues and not profits. Increasing revenues is vital to a growing business. But cost increases that outpace gains in month-over-month revenue can deteriorate the profitability of a sustainable business if not kept in check.

As such, as you grow your business create a checklist of costs you annually, bi-annually, or quarterly check and audit so that you can cut costs where possible increasing the overall profitability of your business.

Here are seven categories that we look at every quarter to attack those costs:

1. Health Insurance

If you provide health insurance to your employees make sure to shop around for new coverage every so often. Traditionally if you were willing to change insurers you could reduce costs for similar plans. In fact, I have even heard stories that some insurers would reduce an employer's rates for simply threatening to shop for another policy.

Of note, this year with the new health care reforms around the corner it has been more difficult than ever to use this tactic as insurers are bracing for a somewhat unknown future and uncertain costs and revenue forecasts themselves. Nevertheless, our company is poised to save 15 percent or more this year on our healthcare expenses by changing carriers earlier this month.

2. Credit Card Processing Fees

Any business that accepts credit cards must ask for an annual reduction in fees or, at a minimum, speak with your representative from your processing company to find out how to achieve the cheapest rates.

At our company we have the ability to process credit card transactions through two separate credit card processing companies at all times. In part this is done for security in case one of the two ever experiences technical difficulties. But this also allows us to play one off another for rate reductions knowing that we can stop processing through that company at any time on a moment's notice.
Irrespective of the power of having two, it is also always advisable to speak with your processor and inquire how to receive the lowest rates. They are typically full of advice on this subject as to how to get the lowest rates (e.g., always use the CVG code).

3. Mortgage

If you own your own business and it, in turn, owns its work space (e.g., office building, condo, etc.) it is time to refinance. Mortgage rates are at all-time lows. Now is the time to lock in a super low rate and save money today, tomorrow, and for the rest of your mortgage's life.

4. Kill Recurring Payments

Every so often you must check your credit card statement to see whether you are being billed for any moot or discontinued recurring payments. Vigilant businesses will do this every month. But, at a minimum, all businesses must review their statements quarterly hunting for stale payments that should be discontinued.

For instance, we recently discovered a double payment to the same provider occurring on a monthly basis. That was quickly remedied for a savings of $79.99 per month. Sure, that's under $80 dollars. That's almost $1,000 per year and, just think, if you find one of those per month, that's a savings of $12,000 per year.

5. Go Paperless

Even the smallest of offices these days goes through at least a case of paper a month. A mid-sized office may go through 10 or more. And if you are a large office, well, let's just say

Dwight Schrute may have you on his Rolodex. But why do we need all of that paper? With today's computer programs and electronic signature capabilities the world of what needs to be physically printed out has shrunk significantly. Add in more reliable computer systems with backup services such as MozyPro or Carbonite the need to print again has virtually vanished.

So go paperless. Not only will you save the cost of paper but also the ink used to print it.

6. Advertising

How much are you spending on advertising? Do you pay for pay-per-click advertisements? Do you track your advertising expenditures to make sure your investments are paying off?

Recently we realized that we were paying thousands of dollars per month for a certain pay-per-click program that was not generating any sales leads. The people using that search engine must, in large part, be the Internet's modern day window shoppers. Clicking but not buying. As such, we shut down these ads to save a wasted expenditure.

But saving on advertising is not limited pay-per-click campaigns, you must evaluate all advertising expenditures to make sure they are worth the dollars invested. Sure, branding people will yell and scream at me that advertising has two functions: (1) immediate inbound sales leads and (2) long-term brand recognition. The latter must always be taken into account. But, in my opinion, long-term branding must always bow to short-term profitability.

So audit your advertising expenditures on a regular basis to cut costs where non-profitable advertising exists.

7.  Shop for New Service Providers

Over time a business acquires numerous service providers. From the Internet service provider that keeps you connected to the janitorial company that keeps the office clean.  Often, however, we become complacent with our existing service providers and fail to notice that our original teaser rate they used to acquire our business has been slowly but steadily raised over the years.

Don't let this happen. There is almost always another service provider that can perform these services for you no matter what they are. So keep a list of your service Providers and their rates. Make a habit of routinely--perhaps two or three times per year--shopping for better rates. And politely let the existing providers know this is your policy so they will be more averse to raising rates on a customer they know will find someone else.

Tuesday, January 22, 2013

5 Unusual Things You Should Trademark

As seen on Inc.com.


Filing a trademark shouldn't stop at words and logos. There are many other ways to protect your brand that you may be overlooking.

Grand chocolatier Nestle recently won a trademark battle with rival confectioner Cadbury.  The case was about the unique shape of Nestle's famed Kit Kat bar. The case began years ago when Nestle sought to register the four-fingered shape of the Kit Kat bar as a trademark in the European Union (EU). In 2002, the Office of Harmonization for the International Market (OHIM), which registers EU Community Trademarks, allowed Nestle's trademark to register.

A few years later Cadbury disputed Nestle's trademark arguing that it lacked the requisite distinctiveness  to maintain protection as a trademark. The EU cancellation committee agreed with Cadbury and declared Nestle's trademark for the shape of the Kit Kat bar invalid.
Nestle appealed the decision and in a recent ruling the OHIM Board of Appeals reinstated the trademark on the grounds that the shape of Nestle's Kit Kat bar had acquired distinctiveness over the years. Because consumers now recognize the shape Nestle is entitle to protection of the product's shape as a trademark.

So what does this mean for you and your business? Trademarks are not limited to words and logos alone. There are other categories of trademarks that can help you protect your business's intellectual property rights. Here are a few non-mainstream categories that can truly help you to protect your business's brand identity:

1. Product Packaging Shapes

Did you know that you can actually receive trademark protection for the packaging of your product? The best example on the market is the iconic hour glass shape of the small Coca Cola bottles. It is so well-recognized that Coca Cola recently decided to use the same shape on all of their two liter bottles. For generations Coke has used the same design to the extent that consumers now recognize the design of the bottle alone and, correspondingly, the product therein. The best example I can think of in recent years is that of the POM Wonderful bottle which resembles, in large part, a turn-of-the-century barbell standing on one end. So if you have unique product packaging that distinguishes your product in the eyes of consumers protect it.

2. Product Packaging Designs

But it is not just the shapes of unique packaging that can be protected. Color schemes and designs on the packaging can also be protected. For instance, our friends at Coke can also protect their iconic red theme with the white wave line through it that appears on their products. So if you have a unique color scheme or otherwise in the design of your packaging you may protect that as well.

3. Restaurant Themes and Color Schemes

You can even protect the theme and interior color scheme of a restaurant. Let's say you own a burger franchise whose restaurants always have red and white checkerboard tile walls, natural wood furnishings, and red countertops ala Five Guys. That unique color and decor scheme can be protected as a trademark provided that you can establish that your consumers recognize they are in your restaurant merely by recognizing the color scheme and design thereof.

4. Sounds

The rumble of a Harley Davidson motorcycle. The five note Intel jingle. The ding of the Southwest fares deal. These are all sounds that have been, or have been attempted to be, protected as trademarks. Continuing with a consistent theme, so long as a purported trademark holder can establish that when consumers hear their unique audible sound they associate it with that company's goods or services you may also protect the same as a trademark.

5. Colors

What can Brown do for you? Have you heard that question asked in UPS commercials over the past few years. Well, if you have, it is probably because of a larger branding strategy employed by the shipping giant to trademark the color brown in connection with shipping and commercial carrier services. Yes colors too can be trademarked. A few years back UPS applied to register the color with the U.S. Patent and Trademark Office claiming that they were entitled to register the color insofar as consumers had come to recognize the color brown as uniquely identifying UPS's shipping services.
If memory serves me correctly, their application was rejected for a lack of proof of acquired distinctiveness (i.e., that when consumers saw the color brown on trucks they would associate it with UPS). Thereafter the multimillion dollar ad campaign was launched directly associating the color brown with UPS's shipping services. What can brown do for you? I will leave that for UPS to answer. What did the ad campaign do for them? It most likely secured their trademark for the color brown.

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