Corporate Cranium Mentor Articles
A trademark is any word, design, scent, name, sound, or other thing that is capable of distinguishing one person’s or company’s goods from another’s, and indicating that such “branded” goods come from a single source – even if that source is unknown. A service mark is the same as a trademark; the only difference is that a trademark is used upon goods while a service mark is used in connection with services. Examples are Proctor and Gamble’s Crest® mark for toothpaste and Supervalu Inc.’s Cub Foods® mark for retail food store services.
A trademark or service mark provides a “shortcut” for customers to identify products and services offered by a business – often accompanied by an experiential and/or marketing driven sense of value for products and services bearing that mark. When properly used and protected, a mark can serve as a valuable marketing tool, complete with the ability to prevent competitors from using a confusingly similar brand in the same geographic area of the owner’s use of the mark.
In the United States the proper use of a mark establishes the rights in the trademark. These are called common law trademark rights. Federal registration of the mark is not required. But, federal registration of the mark provides additional useful and important rights. The additional rights of a federal registration include:
- to use the ® registration symbol,
- to prevent competitors from using a confusingly similar brand nationwide even if the owner’s use is not nationwide,
- to file an application to “reserve” the trademark prior to use (intent-to use application), and
- to elevate the trademark rights to limit challenges to the registration by a prior user of the mark (incontestable registration).
Unfortunately, whether the trademark rights come from common law or a federal registration they only extend to use of the mark in the United States. Details on securing trademark rights in other countries will be provided in the next issue.
Read MoreDoes Your Business Need a Mediator?
One of the most difficult challenges a business owner can face is divorce; not from his or her spouse but from a business partner. Sometimes that business partnership that looked so promising when you started out turns sour and you find yourself simply unable to continue to work with the person who is a part-owner…
Read This ArticleHow Can You Safeguard Your Workplace Against Violence?
(CNN) “DeWayne Craddock, a 15-year public works employee, stopped in the men’s bathroom to brush his teeth near the end of his shift, like he did every day. But by late afternoon, instead of going home, he plotted to carry out a massacre at the Virginia Beach Municipal Center. The gunman, who had submitted his…
Read This ArticleWhen is the Correct Time to Refinance Your Home?
At First Minnesota Bank I get the opportunity to offer all types of loans. One of the loan types I want to discuss is the residential home mortgage refinance. The big question is–when is the correct time to refinance your home? The answer depends on what you want to accomplish or what financial goals do…
Read This ArticleThree Reasons Website Maintenance is Critical
If you are a valued client of Red Technologies, or just a fan of our blog (and who isn’t?!), you’ve heard us regularly recommend updating your website. But what does this really mean? And why, after spending so much effort creating a cool website, would you need to turn around and update it every month?…
Read This ArticleSupervisor Success
66%* of manufacturing companies are highly concerned about one of these worker issues: Attracting qualified workers Retaining qualified workers Developing future leaders Over the 20 years I have worked in manufacturing companies, I have seen the benefits of retaining qualified workers. They already know the company and the products. They are loyal and want themselves…
Read This ArticleTop Reasons Why You should Avoid Naming Your Children as a Trustee in Your Estate Plan
One of the most pivotal questions in designing your revocable trust, used as part of your estate plan, is who will serve as the trustee upon your death. Clients tend to choose their children for a variety of reasons: children serve as trustee without charging a fee out of obligation, they do not want their…
Read This ArticleHow Do You Know if Mediation “Worked?”
One of the challenges of mediation is the uncertainty that comes with having to deal with any unpleasant confrontation. Parties and sometimes their lawyers get caught up in the emotions inherent in litigation conflict and frequently leave mediation, with or without a deal, feeling unsatisfied. So, what make for a “successful” mediation regardless of the…
Read This ArticlePro Tips on Managing Your Social Media Content
You know social media is an important component to your business, but creating and posting fresh material on a regular business seems overwhelming. If you often find yourself struggling to find a new way to discuss the same old thing, you’re not alone. Here are a few tips from our experts to help you increase…
Read This ArticleFive Reasons to Establish a Revocable Trust
Plan for Disability. Unlike a Will, a Revocable Trust allows you to plan for incapacity. This can be especially useful for small business owners. A trust is an effective way to ensure that the grantor’s assets will be used for his or her benefit in the event he or she becomes incapable of managing his…
Read This ArticleChoosing a Retirement Plan that Fits Your Business
One survey found that 79% of small business owners expect at least some of their retirement income to come from tax-advantaged retirement savings accounts.¹ If you have yet to develop a retirement plan for your business, or if you’re not sure the plan you’ve chosen is the right one, here are some things to consider.…
Read This ArticleDoes Your Business Need a Mediator?
One of the most difficult challenges a business owner can face is divorce; not from his or her spouse but from a business partner. Sometimes that business partnership that looked so promising when you started out turns sour and you find yourself simply unable to continue to work with the person who is a part-owner…
Read This ArticleHow Do You Know if Mediation “Worked?”
One of the challenges of mediation is the uncertainty that comes with having to deal with any unpleasant confrontation. Parties and sometimes their lawyers get caught up in the emotions inherent in litigation conflict and frequently leave mediation, with or without a deal, feeling unsatisfied. So, what make for a “successful” mediation regardless of the…
Read This ArticleHow to be Ready for Mediation
Non-lawyers are often not certain what to expect when going into a mediation process. If they are new to mediation, they often worry most about “telling their story” as opposed to making a deal that works for them. Mediation is typically triggered when a lawsuit has been started or is being threatened and so the…
Read This ArticleLead Meetings People WANT to Attend
Is this possible? Can there be meetings people actually WANT to attend? Yes, there can! I have led many of them. There are simple but powerful factors that make meetings effective. In this article, I would like to focus on just one: The Meeting Outline. The Meeting Outline is a simple but critical component to…
Read This ArticleImportant WordPress Website Functionality Updates are Coming in 2019
If your business has a WordPress website, you may have heard rumblings of some upcoming enhancements on the horizon. And if you haven’t heard anything yet, all the more reason to read on! Here at Red Technologies, we appreciate the opportunity to serve businesses and innovate online. We are grateful for our clients’ trust, and…
Read This ArticleHiring Mistakes and What to Do About Them
Any leader that has hired more than ten people has made at least one hiring mistake. The problem is compounded in a small business because of the impact each employee has on your success. One of the most common concerns I hear from leaders is that the person they hired is technically sound but they…
Read This ArticleMake Estate Settlement Easier for Loved Ones
There are essentially two avenues the estate settlement process can take: through the probate process (if the decedent had a will, or no will, and the decedent’s probate assets totaled $75,000 or more) or through private trust administration (if the decedent had a revocable living trust). LOCATE THE DOCUMENTS If the decedent left a will,…
Read This ArticleWhat is Your Business Worth?
A common question for business owners when they start to ponder their exit strategy is how to figure out what their business is worth. Valuation experts like the Corporate Cranium’s Roben Hunter can give you an expert assessment based upon professionally accepted valuation methodologies. Roben will assess value based upon multiple factors including past performance,…
Read This ArticleHow to Navigate Workplace Relationships in the #MeToo Era: Practical Advice for Business Owners/Leaders
Not since the days of the Clarence Thomas/Anita Hill hearings has there been so much talk about sexual assault and sexual harassment. Just about everyone has an opinion about the Christine Blasey Ford/Brent Kavanaugh hearings and Justice Kavanaugh’s recent confirmation into the Supreme Court. To complicate matters further, divisiveness in our Country is worse than…
Read This ArticleVideo is the Future
How many videos have you watched online today? 2? 20?! Chances are your day is packed with video viewership; from online ads to educational content, clips from family and friends to your favorite forms of entertainment. Need to fix a faucet? Want to try a new makeup application? Looking for some cute puppies to boost…
Read This Article