Your Brand Is Your Business

By Terry C. Bruner, Attorney at Law

People often ask me about the importance of trademarking business or trade names. More than a few of them express the sentiment that protecting names, slogans, and logos is really “much ado about nothing”. I hear every excuse from “It is unlikely that anyone would steal a logo” to “Even if that did occur, the harm for doing so would really be minimal”. As both a lawyer and entrepreneur, I doth protest, and rather vehemently so!

The truth is that for a relatively small cost, business owners can protect their hard work, brand name, reputation, and creativity through the federal trademarking process. Small businesses comprise the vast majority of trademark infringement victims. Most infringers take the calculated risk of targeting innovative smaller companies because they believe the victims will either a) not take the time to register their names and logos, or b) not affirmatively fight for their rights should an infringement occur. Either scenario is disturbing since it need not be the case. The cost and process for protecting your brand pales in comparison to the injury to your intellectual property when an infringer appropriates your hard work and essentially commits business identity theft.

According to the U.S. Patent & Trademark Office (USPTO), the two primary types of marks that can be registered are:

·        Trademarks - Used by their owners to identify goods (physical commodities) which may be natural, manufactured, or produced, and which are sold or otherwise transported or distributed via interstate commerce.

·        Service Marks - Used by their owners to identify services (intangible activities) which are performed by one person for the benefit of a person or persons other than himself, either for pay or otherwise.

A federal trademark gives you the broadest protection for your name, slogans, or logos, as a federal registration supersedes any state trademark registration.

Among some of the benefits of having a registered federal mark are:

1.      Constructive notice nationwide of the owner’s trademark.

2.      Exclusive right to use the mark on or in connection with the goods or services designated in the registration.

3.      Access to a formal administrative process for relief against infringers, including monetary damage awards.

4.      Solid basis for obtaining international registration to be used in other countries. 

If, however, your business has a limited geographic scope with no serious intentions of doing business across multiple states, a state trademark registration might provide suitable protection. Businesses in large states like Texas or California can, after all, make a healthy profit just by doing work in those states alone. Whichever path you choose – federal or state – it is wise to obtain some formal registration. Not registering leaves you needlessly vulnerable.

A federal trademark generally costs a few hundred dollars for each registered mark but the trademark application is both technical and legal. Successful applicants usually spend a fair amount of time researching other marks before submitting an application of their own. Outside of the smallest mistakes, most errors in the application will be automatic grounds for rejection and, most importantly, any fees paid to the government will not be refunded. The only cure for an inaccurate application is to resubmit your application with another fee.

The application is considered a part of the trademark “examination” process that will be reviewed by an examining attorney from the USPTO. So while hiring an attorney is not necessary, it is common for entrepreneurs to secure an attorney with experience in trademark representations to prepare their applications. Whether you obtain representation or go it alone, please take the steps necessary to protect your brand. Not doing so could be injurious both to your business reputation and your pocketbook.

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Terry C. Bruner, Attorney at Law, is the Principal and Founder of the Terry Bruner Law Office, a Houston-based law firm that focuses on intellectual property, business law, and multifamily housing transactions. Terry advises clients on comprehensive brand protection strategies as well as trademark and copyright issues. Contact him by phone at 713-242-1661 (direct line), 713-834-1175 (office), or 713-478-1647 (mobile). You can also email him at tbruner@terrybrunerlaw.com or visit his website at www.terrybrunerlaw.com

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Getting Organized: Are “Organizing Myths” Stopping You?

By Holly Uverity CPO®, Office Organizers

What do you believe about organizing? What do you know about organizing?

What’s your definition of an organized person? I’ve found that many business people believe in what I call “organizing myths” – beliefs they have which may or may not be true but are keeping them from becoming better organized.

Here are a few of the most common myths along with the realities:

• Myth: The tools are too sophisticated or the systems are too complicated.
• Reality: Simple is often the best.

While some paper and electronic systems can be pretty sophisticated and overwhelming, the truth is that the tools you choose don’t have to be complicated. Some people operate effectively using a planner and a pen. Getting organized is like learning any other new skill, so start easy. Buy only the simplest tools you think you will need and will actually USE. You may find that the simplest tools are the best.

• Myth: Organization looks boring. 
• Reality: Not anymore.

There has been an explosion of organizing tools in the marketplace over the last five years and there is no reason that your office has to look like a boring cube if you don’t want it to. Organizational products now come in all shapes, sizes, and colors. In addition, there are now products designed specifically for men and women. If you don’t like the tools you’re seeing, expand your view to look beyond office supply stores and look in the bathroom and kitchen departments of stores. Just because something is designed for a kitchen doesn’t mean it can’t be used in an office. If you like how your tools look, you’ll be more inclined to use them.

• Myth: I can only touch something once.
• Reality: The number of times you touch something has nothing to do with organization.

This myth can be debilitating because if you believe you can only touch something once, you won’t touch anything unless you absolutely know what you are going to do with it. You can touch things more than once but you have to move them through your system. You can’t simply shove papers around on your desk. When you touch/move them, it has to be mindful and with a specific reason that you are moving something to a specific place. Eliminate mindless shuffling.

• Myth: I’m a mess that no organizing system can fix.
• Reality: There is a system for everyone.

Organization exists on a spectrum. Some people are highly organized and live on one end of the spectrum while others are less organized and live on the other end of the spectrum. Most people live in the middle. While you may consider yourself disorganized, that doesn’t mean that you can’t become better organized. Organization is very personal and looks different for everyone, so a success for you might be something as simple as keeping the top of your desk clear. The goal is for you to become more organized than you already are. You don’t have to be as organized as someone else. 

Organizing is a skill and while some of us are better at it than others, it can be taught to everyone who wants to learn. Anyone who wants to change can do so. There are tools and techniques for everyone.

Clutter is the physical manifestation of indecision. Learn to make decisions on a daily basis about what your office looks like and how you spend your time.

An organized person can find what they need when they need it.  That’s it.  There’s no magic formula to determine who is organized and who is not. It’s just a matter of being able to have what you need when you need it.

Getting and staying organized doesn’t have to be boring, hard, or complicated. It’s only that way if you think it is.

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Office Organizers, founded in 1993 by Holly Uverity, is The Entrepreneur’s Organizer.  They work with business people to create solutions for their organizational challenges.  You can contact them by phone at 281-655-5022 or visit them on the web at www.OfficeOrganizers.com. “Like” them on Facebook at www.fb.com/OfficeOrganizers.

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LOCATION, LOCATION, LOCATION

As a former Realtor®, the chant was always “Location, Location, Location” when it came to the value and desirability of a residential real estate purchase.

Those same words apply to one of the main considerations when we work with a cover honoree in deciding the best place for their cover photo. Barbara, John, and I receive so many great compliments on our beautiful and unique covers.

Connie Rankin’s cover photo last month (May 2014) was set on the Sabine Bridge which connects Memorial Drive and Allen Parkway. For a top commercial real estate agent selling all over the city of Houston, our beautiful city skyline made the perfect backdrop for her cover. The Sabine Bridge has always been one of our favorite views of our city.

This month’s cover honoree, Ludmilla (Mila) Golovine of MasterWord Services has a truly international business that connects people across language and culture. For this reason, we chose to use the “Light Spikes” as our backdrop for her photo.

For those of you who may not be aware of the origins of the “Light Spikes”, the “Light Spikes” were created for the 1990 Economic Summit of Industrial Nations by local artist Jay Baker and was originally installed in front of the George R. Brown Convention Center.

The large abstracted flags represent the European Economic Community as well as the seven countries that participated in the Summit. The Light Spikes, as any traveler can tell you, are located at the airport near Terminal C and the Mickey Leland International Arrivals Building. The Light Spikes consist of eight flags that are individually wrapped around square columns. Each “spike” is supported by an aluminum grid structure and a ten foot concrete pier below the ground. The columns lean at a 10 degree angle toward a central point that represents Houston. The distance between each “spike” and this point is relative to the distance between Houston and the capital of the country that the flag represents. Once again, we (Mila, Barbara, and I) thought this was a perfect backdrop.

Speaking of “Barbara”, because she is both the writer and the stager of the photos, the covers tell a story in themselves. This is a very unique combination that makes for very, very special covers!

Many thanks to David Hebert and Katena Carvajales with the Bush Intercontinental Airport Administrative Office for being so kind in assisting us in being able to work through security at the airport to make this happen.

It is time to let you get started with this month’s issue!

Good Reading, Good Sales, & Success to You,

Steve Levine

President & Executive Publisher

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