The Often-Neglected Business Task

There is not the same excitement today when I go to the mailbox as there was 30 years ago. What would I get? Are there sweepstakes? A letter from a friend? Or, some special offer I cannot wait to open?

Today, what we usually find in the mailbox is junk. Often relegated to a quick glance and then deposited without a second thought in the trash bin. But today there was something different. Today there was an official-looking envelope addressed from The Legal Offices of…

Uh oh…

It seems that in my haste to differentiate my business coaching from others, I neglected to ensure that my naming was not infringing upon the legal rights of others. In this particular example, I had chosen to utilize my experiences as an Ironman triathlete and the lessons I learned, to produce coaching content that was unique. And so, I borrowed the Ironman name and inserted it into my coaching name. I called myself The IronMan Business Coach.

I did not stop with just my title. I went on to create a website a blog, a YouTube channel, and I wrote several books that espoused the virtues of Ironman principles when applied to a business situation. This went on for at least two years and an immense amount of content was produced.

With some nervous anticipation, I opened the legal letter and read the contents. It seems that Ironman Corporation was not at all pleased with my use of their name. And, included was with the "cease and desist" order was also the threat of not allowing me to participate in any future Ironman triathlon competitions. They were serious!

Upon reflection of the situation, I immediately realized my error and crafted a careful response to their legal counsel with apologies an immediate promise to remove all indications of the name from my marketing and products of which I did both posthaste. Fortunately, my efforts were sufficient to put the matter to rest. I was lucky because oftentimes in these situations the party that feels injured will look for additional redress.

I consider myself to be a fairly savvy businessperson. But my actions were really boneheaded! As I spent a significant amount of time rebranding and correcting my slight to the aforementioned Corporation, I realized that my error was one that many other entrepreneurs make.

One of the first things that a new business enterprise should do is to take care of all of the necessary steps involving protecting your naming rights as well as ensuring that you do not infringe upon the rights of others. As a guide for success please see the recommended five-step process below.

5 Steps to Successful Trademark Establishments

1. Ideation - This step involves brainstorming possible brand or product names. Think of as many as you can and write them down.
2. Focus Selection – Winnow down your list by selecting your top 3 candidates.
3. Prior Work Search – Do both a web search and a trademark search (USPTO.gov). Look for similarities or registrations that could either cause confusion or are outright protected.
4. Seek Expert Advice – Though it is not required, it is recommended that you seek the advice of a trademark professional. The cost is relatively inexpensive compared to the potential for litigation later.
5. Filing of Trademark – This can be done with or without professional assistance at USPTO.gov.

Like anything in life, nothing is guaranteed. There is no guarantee that filing a trademark will stop others from using your intellectual property, nor will it eliminate challenges. But, by following the five steps listed above, you are sure to significantly reduce a mistake that could be both costly or destroy your business.

Rich
"Finishers Are Winners!"
Dr. Richard B. Greene, DBA, SSBB, CMPE
Speaker, Author, Peak Performance Business Coach

© Copyright 2021 Rich Greene
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Dr. Richard B. Greene is an International Speaker, Best-Selling Author, and Executive Business Coach who helps business executives get to the next level in business, their careers, and their personal lives. Through his IronCode (www.IronMindSuccess.com) acceleration program, he offers one-on-one coaching, group coaching, live seminars, and do-it-yourself development products to significantly increase levels of personal and business success. He’s been featured on radio shows and various news sites including KVCG Radio, The Miami-Herald, The Denver Post, Wall Street Select, Financial News Today, Fox, and ABC.