Inside Small Business | Small Business & Home Business Marketing

Have You Trademarked your Logo?

Legalzoom

The MGM™ lion. The Nike™ Swoosh. The Target™ Bullseye. These logos are more than images. They give companies instant recognition with buyers and represent an organization’s individuality. Logos for well-known companies can be identified at a glance and have tremendous marketing power. That’s why it’s important to get a top-notch logo design. And simplicity is the name of the game in today’s competitive logo world. Ornate details get lost in today’s one-glance environment.

So, even if you’re starting small, you don’t know where your company will go – or grow. After all, Wal-Mart began in 1962 with a single five and dime store and is now the world’s largest corporation. In other words, you want to consider the future now. Think from the ground up and start by creating a unique and recognizable logo.

But you also want to keep yourself safe on both sides of the logo process. That means (a) protecting your logo and (b) making sure you’re not using someone else’s logo.

The best way to safeguard your logo? Trademark it. Trademarks protect words, names, symbols, sounds and colors and distinguish one company’s goods and products from another. Trademarking a logo not only protects it from being used by other similar companies, it also protects a company from unknowingly infringing upon an existing logo.

Why Trademark a Logo?

Registering your mark gives you legal protection and lets the public know you own the mark. In fact, the mark ® can only be used after the logo is actually registered with the U.S. Patent and Trademark Office (USPTO).

There are two types of marks you can register with the USPTO (1) trademarks, which identify goods or products and (2) service marks, which are used exclusively to identify services.

If you do not officially register your logo with the USTPO, you can still use it. That’s because using a logo creates a “common law” trademark. Common law trademarks use either the “TM” (trademark) or “SM” (service mark) symbol to inform businesses that you own your logo. However, common law trademarks offer limited protection. To protect yourself nationally, it is best to register for a federal trademark. And in case of a lawsuit, your trademark registration provides a documented start date for your use of the mark.

A Trademark Search for Your Logo

Before registering a trademark for your logo, it’s best to do a trademark search. This will determine if your logo is truly unique. You can perform a trademark search on the USTPO website at www.uspto.gov to determine if your logo is already in use by someone else. Attorneys and professional search companies, like LegalZoom, can also conduct more comprehensive searches.

Keep in mind that a search is not required. However, if the logo you want to trademark is found to be too similar to one already in existence, your application will be denied. Government filing fees are not refunded.

How to Trademark a Logo

Trademarks are classified by a business’ particular goods and services. You must complete the appropriate application. The USPTO then reviews trademark applications for federal registration.

If you are interested in trademarking your logo, company name and domain name, each one must be trademarked separately. Even if your business name is part of your logo, the two must be registered individually.

It takes between 10 and 16 months to secure trademark registration with the USPTO. However, your logo is protected as of the date of filing, not the date of issue, so you can begin using your trademark immediately. Visit LegalZoom.com to learn more about trademark registration. LogoWorks customers can get 10% off any trademark order, click here to learn more.

State vs. Federal Trademarks

State trademarks only protect a logo in a specific state. Federal trademarks offer national protection but are only available to companies conducting business in more than one state. However, businesses operating in only one state usually find that a state trademark offers enough protection. Web businesses or those operating across state lines may want the protection of a federal trademark.

I’ve Trademarked My Logo, Now What?

Anyone whose logo identifies a business or profession should seriously consider trademark protection. Once you establish your trademark, the legal mark lasts forever. Just make sure to keep up with registration renewals at the five and ten year marks.

For more information on Trademarking your logo, visit www.legalzoom.com.

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Are you Ashamed to Hand out Your Business Card?

By Jonathan Munk, Marketing Manager, Logoworks by HP

Have you ever come to the end of a business introduction, knowing you must produce a business card, and ashamedly hold out a flimsy, generic eyesore with your contact information? Or worse yet, you ask your just-introduced associate to jot down your phone number and email on a piece of scrap paper because you don’t have a business card? You may feebly attempt to excuse your lack of professional cards, but what impression does this leave?

As a business owner, you know the importance of making a good first impression, and you only have one chance to do it right. Even though your business card will play a small role in meeting a new potential customer, partner, supplier or employee, that role is an important one. Your business card is the only tangible item people walk away with after meeting you. The design, feel and layout of your card say a lot about the culture of your company, its organization and your level of professionalism. It also reveals to others how serious you are about your company. Did you invest in marketing materials or simply get free, generic business cards somewhere?

Let’s review a few keys to having a professional, influential business card.

1. Include your company logo
You might be surprised how many business cards come across my desk that don’t have a proper logo design on them. Many include the company name with no logo, while some simply exclude the company name altogether. When I receive a card like this, it’s an immediate red flag that the company may not be well-established, may lack marketing direction or that the business is some kind of slipshod production. Sure, we all have to start somewhere, but making a professional first impression with good business cards is not very expensive and is worth its weight in gold.

2. Say no to clipart or generic templates
How would it feel to hand out a business card only to have someone say, “Oh, does ‘so-and-so’ work for you? He has the same card as you.”, and you have to come up with some reason as to why you share the same style of business card as someone else. If you follow number one above you won’t run into this problem, but generally speaking, it’s a good idea to stay away from templates that don’t match the look and feel of your business.

Furthermore, un-customized clipart is an absolute no-no. It’s better to have a business card with a lot of white space than to use clipart, for a few reasons. First, most clipart won’t look very good with your logo. Second, it adds clutter, detracting from the primary role of your business card, which is simply to pass along your contact information. Third, clipart generally looks amateurish and unprofessional. You would never see an executive from a large company handing out cards with an illustrated stick figure. Why would you?

Professional, custom designed business cards are the most sure way to get a unique, great looking business card you won’t be ashamed to hand out (Shameless plug: Logoworks is having a special right now on business card design and printing. You can get started for just $99).

3. Don’t skimp on printing
No matter how great your business cards look, if you don’t get them printed the right way, on the right paper, and for the right price, you will probably be unhappy with the result. Find a printer that knows the business and have them provide some quotes with various printing processes, paper weights and materials. Printing business cards is generally very affordable. Just realize if you simply go to with the cheapest printing you can find, you may pay for it in the ink and paper quality down the road.

4. Be careful about going over the top
While impressive and fun to look at, over-the-top business cards may not as effective as traditional cards. Cards that stray too far from the mainstream could get thrown away quicker than a regular one. For example, if your card has an unorthodox shape or is printed on extremely thick paper, it might get tossed because people have no place to store it.

One man I met handed out a walnut with his website printed on the shell as his business card. He owned a printing company and the idea behind his business card was to show that he could print on anything. The ‘card’ was a great way to illustrate his business idea and it was very memorable, but the next time I needed a printer, I didn’t have a way to contact him. All I could remember was he was “the nut guy.” After all, there’s only so long you can keep a walnut sitting on your desk. It was interesting and fun, but completely unpractical.

You should also keep in mind that increased revenue you receive from having outlandish business card designs is often not worth the cost associated with the cards.

Handing out business cards should be an exciting opportunity, not one to be ashamed about. Take the time to do it right, and you will be surprised how much more confident you’ll feel handing them out and how much better they’ll be received.

Look at some outlandish business cards: DailyPoetics.Typepad.com

Logoworks Business card Blowout offer: $99 Design, $99 printing for business cards.

Jonathan writes Influentia, a blog on influence, marketing and small business.

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What Brand is That?

David Dresen, Director of Design, Logoworks by HP

A Brand. Just what is the big deal anyways? I’m just a small start up, with really no imaginary dreams of becoming the next monster clothing chain. I just want to have a nice little….blah, blah, blah.

Honestly, let’s be realistic, who doesn’t want to make as much money as possible? It doesn’t matter whether your starting a homemade candle company, or a new line of automobiles, the truth is we all become entrepreneurs to get away from “The Man” that has us boxed up in that 6’X 8’ cubicle. That is why we work, that is what drives this world, and that is the truth. Some people get lucky enough to actually work in a job they love (me included), and the rest of the world works because they have to. Most people who love their jobs wouldn’t do it for free! The cold hard facts of this world require us to work for money. There are great opportunities to provide service for others, but when it comes to our “jobs”, most of us prefer a paycheck; and the bigger the better.

So, you’ve broken away form the “cubicle”, and are starting your own business. I would like to talk to you about how you’re going to brand your company. The encyclopedia explains the meaning of a brand, far better than I can, and uses much more eloquent words;

[A brand includes a name, logo, slogan, and/or design scheme associated with a product or service. Brand recognition and other reactions are created by the use of the product or service and through the influence of , design, and media commentary. A brand is a symbolic embodiment of all the information connected to the product and serves to create associations and expectations around it. A brand often includes a logo, fonts, color schemes, symbols, and sound, which may be developed to represent implicit values, ideas, and even personality.]

I want to cover a few key elements of this description.

No where in this description, did it say that a brand was the logo!! I want to make sure everyone understands this. Your logo is not your brand. It can be the start of one, and may be included in such branding, but by itself it’s not a brand. As stated above, the brand includes, or may include the logo, colors, symbols etc.

The phrase “design scheme” is what I want to focus on here. As you start to design your peripherals (e.g. business cards, website, stationery, brochure etc), it is vital to keep in mind your logo, which should already represent you, and use that logo design for inspiration or guidance in designing the rest of your products. You don’t even have to use the logo as the main part in the design. For example, you have a startup coffee house, and you need to design your coffee grounds packaging. Your logo incorporates a circle with an image of coffee beans and an old world farmhouse, with rows of coffee plants. So, this illustrative logo opens up a myriad of possibilities in designing your packaging. Have fun, use elements of the logo, or just run with the concept of “Old World”. The logo itself can be place discretely on the package, and your product if designed correctly it will represent and strengthen your brand.

“A brand is a symbolic embodiment of all the information connected to the product and serves to create associations and expectations around it.” The catch here is this: an expectation isn’t good by default. That is up to you, your product, and your service. You can have the best logo in the world, and award winning design, but if your product is bad, or if your service is poor, it is not going to matter how well you brand yourself. People will always associate your brand with that bad product, and poor service.

The design of your peripherals is vital in establishing that strong brand. Everything associated with your company should say the same thing. Whether it is the use of fonts, colors, or design itself, your image should be repeated. The only way for a company to become branded is through visibility and repetition. I’m not just talking about seeing it either. You don’t need to have millions in financial backing to successfully market your product. Advertising is accomplished in many ways, and not all include paying for air time, or printed advertisements. Word of mouth can be extremely beneficial and effective in spreading your brand as well. Starbucks is a company that used almost no advertising, but had great design, and over a period of ten years developed such a strong brand that the company went from one shop to thousands.

I’m not saying that you shouldn’t use a marketing company. On the contrary, it is vital for you to seek out any professional help you can. Word of mouth alone will not be sufficient to establish yourself. Your design on everything from the business cards you hand out to the packaging of your products, and the hangtags on your shirts will say something about your company. Even the airtime you use on the radio should help strengthen your brand. Don’t underestimate the importance of seeking professional guidance in establishing a great brand. It can make all the difference in determining whether you’ll become the next Starbucks. As Howard Schultz would say;

A great brand raises the bar — it adds a greater sense of purpose to the experience, whether it’s the challenge to do your best in sports and fitness, or the affirmation that the cup of coffee you’re drinking really matters.” - Howard Schultz (CEO, Starbucks Corp.)

Related Topics: Branding, Design, Graphic Design, Small Business    No Comments