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Are You Protecting Your Brand Assets?
What's in a name? As a small business owner, there are a few things you'll want - I mean need - to know about choosing your business name and protecting it. This is a BIG topic but I'll give you some pointers for taking care of your brand asset... Let me first start by defining trademark. A trademark protects that fantastic tagline that you spent hours thinking about, calling and emailing your friends and colleagues about and ultimately, the name you hang on the shingle of your business. But a trademark isn't limited to just names and words like your tagline, company or product name. It can also be applied to sounds, colors or symbols that separates your product or service from others. Check out the Barbara K. site and view the exclamation point to see what I mean. Sally Jesse Rafael is well known for her personal brand trademark of red glasses. No mater the style or shape, they are always red. Steve Jobs doesn't slip into traditional 'work' attire when he gets on stage. He wears his signature (trademark) item of denim. When choosing a trademark for your personal brand, be sure you select something that clearly makes a connection between you AND your business. Sally's red glasses are a great trademark because like the color red, she's bold and is not afraid of confrontation and conveys that in her interview style. Steve's casual denim is indicative of the Apple lifestyle he's so cleverly crafted. While there are no state or national registration criteria to protect that hat you're known for wearing, personal trademarks go a long way to differentiate you from the gal sitting next to you at your next business function. You can however protect the names, words, symbols and shapes that represent your brand. Follow these steps to protect your mark: What type of mark is right for you? Trademarks: This mark is most commonly used to identify intellectual property such as words, names, symbols, sounds, or colors that distinguish your product or service from that of your competition. Your brand name(s) are all trademark worthy. Service marks: A service mark is the same as a trademark except that it distinguishes between yours and other intangible services. In other words, if you have a process in your service business (The Success System for example) that you wish to protect, you may need to apply for a service mark. There's an application process you'll need to go through and will give you more clarity about the mark best suited for your business. I strongly suggest you either hire an attorney to take care of this for you or choose a reputable specialist that can ensure you've complied with all the requirements. They're sticklers for this on the receiving end! Using Trademark Symbols There are different state and international laws that govern the use of the trademark, TM, and service mark, SM, symbols so you'll want to check yours before you begin using them. In the state of California, as of this writing, you can use the symbols TM or SM to indicate that you are claiming the rights to the marks without having federal registration. However, it's wise for you to register yours to make sure you're not claiming that which has already been legally claimed. The federal registration symbol ® can only be used if the mark was actually registered with the USPTO. Unless you've received the official stamp of approval from the USPTO, you may not use this symbol and could incur severe fines - or worse - if you breach this ruling. For more information, visit the USPTO office online. © 2007 - Liz Pabon. All rights reserved.
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