Registration & Contracts: Formal Protection for Your Trademarks, Copyrights, and Trade Secrets

When and how should you formally protect your intellectual property using registration and contracts?

For the Big Ideas that are most important to your business, you should be willing to spend some money obtaining higher levels of protection.  This includes the name of your business, the name(s) of your flagship products and services, the content of your highest value creative works, and your trade secrets.  Obtaining additional protection includes registering trademarks and copyrights, requiring Non-Disclosure and Non-Complete Agreements, and filing patent applications.

Filing a patent application is beyond the scope of this blog, since it does not apply to many small businesses.  For more information about filing a patent application, go to http://www.uspto.gov.

Copyright Registration

To protect your creative works, writings, recordings, and video, you can register the work with the United States Copyright Office or the copyright office in your country.  The U.S. application process to protect written works is simple, requiring you to file out a few forms, pay a $45 fee for online filing, and file a copy of the creative work.  You usually do not need an attorney, unless the work is in a unique form.  

Why would you want to register a Copyright?  

• You cannot sue someone for infringement until you have registered the Copyright on your work.  If it is likely you will need to sue, file the application now.
• Registering shifts the burden of proof.  The person who is infringing you has to prove that you should not have a copyright, instead of the other way around.  
• You may obtain statutory damages and attorney’s fees if you prevail in a lawsuit.
• Your date of creation is recorded with the government.  Now, if you are challenged, your date of creation is not just your word; you have a government document as evidence.
• If you want international protection, you should register in the U.S. and not just rely upon using the © symbol.  Some countries do not have automatic right — you only get protection if you have registered.  The U.S. has various treaties with most other countries to honor each other’s copyrights, but in some cases, it only applies to registered copyrights.  

Copyright applications should be filed, if possible, within 3 months of the date of creation to get the protection of a host of default rules.  

Generally, you want to register a copyright for only your important works.  Not every article or blog post — that would become expensive and an administrative nightmare (you can file copyright registration applications for a set or collection of works, such as for 50 articles or blog posts).   Frankly, much of what you write is not worth that much by itself; you are not likely to go to Europe and start suing website owners just for copying one blog post.  

You want to register your high-value works, such as books, E-books, viral articles, and home study courses.  The more important it is and the easier to copy (electronic), then the more likely you will want the protection of registration.  If even a short article contains the very core ideas of your business, you may want to protect it via registering the copyright.

Get forms and additional instructions at the U.S. Copyright Office at http://www.copyright.gov.  

Trademark Registration

To protect words and symbols you use to identify the source of a product or service, you can file an application to obtain a U.S. federal trademark (or a substantially similar process in your country).  Trademark applications cost hundreds of dollars to file even without an attorney, so you don’t necessarily want to file an application for every word or phrase that you use.  Also, these applications are not automatically approved.   They are examined by the U.S. Patent and Trademark Office and you may have to respond to more than one Office Action arguing whether you have a valid trademark.  You may want to see the assistance of an attorney to help you navigate this process.   

Get forms and additional instructions at the U.S. Patent and Trademark Office at http://www.uspto.gov. 

Why would you want to register your trademark?

Similar to copyright registration, when you register your trademark you are staking your claim over the date you started using this mark in commerce.  This shifts the burden to the other side that must prove you don’t have a valid trademark, if they want to defend themselves in a lawsuit.  Five years after your trademark issues you are presumed to have a valid trademark and it becomes even more difficult for someone else to challenge the validity of your trademark.

By registering, you are also notifying the world that you are using your mark in commerce. Someone local may know about your unregistered trademark just by seeing your building or advertisement, but you are also notifying people on the other side of the country and world whom have never heard of you.  This means that you can obtain more damages in a lawsuit and it is easier to stop someone from using your mark.

Registering your trademark also offers international protections.  The U.S. has treaties with other countries, such that each other’s trademarks are enforceable in each other’s countries.  But in some of those countries, it only applies if the trademark is registered in that country or a country with which they have signed a treaty.  If you are doing business over the web and/or internationally, then you want to register your most important trademarks.  

Contracts

When do you need a Non-Disclosure or Non-Compete Agreement?

If you have information that you use in the course of your business that is secret and derives value for you because it is secret, then you may have a trade secret.  You protect your confidential information and trade secrets by entering into agreements with people who will have access to that secret information, so they are required to keep it secret.

People who may have access to your information include employees, partners, joint venture partners, consultants, independent contractors, and vendors.  You will want to enter into a Non-Disclosure Agreement with employees, independent contractors, and businesses so they are not allowed to disclose or use your confidential information, except as provided in the contract.  

This Agreement may just be part of the contract you are already using or may be a separate agreement.  Either way, if you do not use such an agreement, you will probably lose the ability to protect your trade secrets — because someone has access to the information but is under no duty to keep it secret.  They could put it up on the internet and there may be nothing you could do.

If you want to protect your client list from your employees, contractors, and partners, you may want to enter into a Non-Compete Agreement with them.  This Agreement states that they are not allowed to compete with you in a certain place, for a certain time, effectively meaning that even if they have your client list and service methods, they can’t use them.  These Non-Compete Agreements are not valid in some places (such as California), and in many jurisdictions must be limited to a reasonable place and time, such as limited to 100 miles from your location and 1 year in duration.  

This article is an excerpt from Grow Up! Strategies: The 7 Legal & Financial Strategies You Need to Up-Level Your Small Business (2008).  

 

Celebrate: Your Moment, Your Direction, Your Event

 

Guest post by Bonnie Hutchinson of Soul Power Wisdom Inc.

I was privileged to be at a big celebration event this week. It reminded me to take time to celebrate and appreciate small things and big things, things in my life and business and things in the world.

There are three big reasons why it’s important to take time to celebrate and appreciate. 

First, it’s fun! And anything that’s fun lifts our vibration. 

Secondly, from an energetic point of view, what you focus on expands. When you focus your attention on the things that you appreciate that you’ve already created and the things you’ve already accomplished, that kind of energy is going to expand in your life. You get more of what you already like. 

Thirdly, for those of us who like to achieve things and who work on goals, we are often so busy looking ahead at what still needs to be done, that we forget to stop and notice what we’ve already accomplished. (I definitely put myself in that category.) And if we’re only focused on what still needs to be done, that expands too! 

From time to time, people point out to me, “Wow, we’ve accomplished an awful lot.” That reminds me that I don’t always notice or acknowledge the good things that already occurred while I’ve been totally focused on the To Do list that still remains. It’s encouraging to have a reminder that we are making progress. The energy of being encouraged also lifts our vibration. 

So how do we go about weaving in more celebration and more appreciation into our life and business? 

Master the small moment of perfection 

One of my favorite people lives in her dream home on a cliff side, overlooking the ocean and across from a little island where eagles nest. It’s stunningly beautifully. When you’re visiting her, at any moment when an eagle flies by, you stop. Whoever notices first says, “Eagle! Eagle! Eagle!” And whatever’s going on, we all stop and we watch the eagle and are blown away by its grace and beauty and strength and power. That would be an example of mastering the small moment.  

It doesn’t have to be a big, huge thing. Stop and savor the delightful sunset or the rainbow. Or what a child does that makes you laugh. Or a piece of art that you’ve loved forever. Mastering the small perfect moment is one of the techniques to expand celebration and appreciation in your life. 

Celebrate the general direction 

Another technique is to notice anything that is in the general direction of what you are intending to create.  

As an example, someone I knew wanted to create and manifest a perfect relationship. She was a bit discouraged for a while. But then we started saying, “So, this person that you met, what was perfect about this person?” And over time when we focused on that, she began to notice, “Oh, I’m closer than I was before. This person had three out of four of the characteristics that are important to me.” The process of noticing aspects of perfection was also helping her get clearer and clearer on what was really important to her. So, notice anything that’s in the direction of your intention.  

Create events and ceremonies 

A third technique of celebration is to create events and ceremonies. You actually take the time to say, “We are officially acknowledging that we have accomplished something here.”  

Sometimes those are big celebration events - the big gala, the party after we won the trophy, the spectacular launch event.  

But a celebration doesn’t have to be a big extravaganza. It can be a tiny moment. At the beginning of a dinner with family, say, “So what was a nice thing that happened today? What are we thankful for today?” Or light a candle, look at each other and say, “I really appreciate that we are in each other’s lives.” Build in the tiny moments of celebration. 

When you say out loud, “I’m so grateful that _____ is in my life,” that expands. Our life is richer when we stop to look at what there is to celebrate and what we have that we can be grateful for.

Want to immerse yourself in the energy of celebration? Click on the link to “Magnetize Absolutely Anything.” One of the guided visualizations in that package will help you immerse yourself in celebration energy.

Your Coaching Challenge

Every day, set an intention that at least once, you are going to stop and notice something that delights you. Take a small moment of appreciation. And think, what’s a simple little ceremony that takes no more than five minutes that you can say out loud or involve another person, to celebrate a success, and acknowledge that you are indeed moving in the direction that you want to create in your life. Then do the 5-minute ceremony.

Going Global

Every day, choose to notice one thing about world events that pleases you, that’s an example of a direction you would like to see in the world.

Super Challenge

In regard to a situation that usually does not please you in your life or business or in the world, think of one aspect of the situation that you can genuinely appreciate. Choose to focus your attention on that aspect for 68 seconds. 

If nothing else, you’ll appreciate that 68 seconds can be a long time!

About the Author:

Bonnie Hutchinson, Soul Power Wisdom Inc., helps you tap into the power of your soul’s wisdom for a life and business of passion, purpose and prosperity. Visit http://www.SoulPowerWisdom.com for a free special report, “7 Crucial Steps to Align Your Business and Your Soul.”

 

Do you really need written contracts in your business?

Yes, you do need written contracts defining the relationships you have in your business with all other individuals and businesses.  Drafting and executing written contracts with the people and businesses you do business with satisfies two purposes.  

First, it defines the relationship.  Everyone knows what is expected, so it is less likely there will be difficulties or misunderstandings.  

Second, it reduces your costs of dispute and litigation, via clauses like arbitration and mediation, choice of law and venue, and attorney’s fees.  Arbitration is a private lawsuit, and takes less time and money than a lawsuit in state or federal court.  Mediation is a negotiation that is facilitated by a trained mediator and that may result in a settlement.  Choices of law and venue clauses give you the opportunity to pick where the potential lawsuit will be filed, and what law will apply.  

So if you are here in San Jose, California, usually it is less expensive for you to litigate here than to have to litigate in New York or Missouri.  Attorney’s fees clauses state that the loosing party in the lawsuit must pay the other side’s attorneys fees, which not only reduces your costs of defending a lawsuit, but increases the other side’s risk of filing a lawsuit.  

• Every relationship should be defined by a written contract, if possible.  
• With your partners you should have a partnership agreement, and may have a buy-out agreement, or other written succession plan.  
• With your employees and contractors you should have a written contract, or at least a written employee manual.  
• Your client and customers should sign written contracts, or be subject to Terms & Conditions as agreed upon when they purchase your products or services.  
• Your website should have disclosures, disclaimers, privacy policy, terms of service, and/or terms and conditions that govern the relationship with your website visitors and customers. 

The exact contents of each contract depends upon its purpose, but generally you want to state the names of the parties, what each side is regulated to do under the contract, the time frame, and the services, products and/or money that will be exchanged.  

Written contracts must be executed (signed) to be valid — a draft contract may not be enforceable, depending upon the subject (some contracts can be signed by email or fax).  Oral contracts are not always enforceable, especially for goods over a certain amount (usually $500) and for certain types of services.  

 

Viral Marketing: Can You Help Find Bride 2.0?

My friend & mastermind colleague Ciara Daykin has launched an amazing campaign to find “Bride 2.0″ — this is a great example of viral marketing at its best.  Be sure to follow this campaign so you can learn about how to launch your own program to change the world (and up level yourself in the process).

Here’s the annoucement, their amazing video, and how you can get involved in the movement!  

The search for Bride 2.0 has begun. Can Web 2.0 and social networking stimulate a struggling economy, make 3 brides social media super stars and prove that by simply asking for help the internet and wedding related communities will step up and lend a helping hand? Check out this cool video to learn more about this concept:

 

This concept is the brainchild of wedding planner Ciara Daykin. Visit her website at http://www.planetplanswedding.com to sign up for her free report “10 Individuals Who Changed The World With One Idea” (and it’s not the regular crowd you might think of at first).

Don’t forget to join the facebook page Planet Plans Wedding to get involved in this social experiment.

 

How Much Money Are You Leaving on the Table?

Guest post by Sandra P. Martini, The Automatic Business Coach

The majority of small business owners work their tail off. They spend thousands of dollars attending workshops and seminars convinced that the latest one will solve their problems or they’ll meet *the* client they’ve dreamed of; they spend hours upon hours working in their business wondering why the phone’s not ringing and they’ve produced information products and now wonder why they’re not “waking up to find they’ve made money”.

Do any, or all, of the above describe you?

If so, you are working hard, but not smart. You don’t have a consistent system in place to determine which of your activities are worthwhile and productive as opposed simply keeping you busy and wasting your money.

The following is just a few of the business statistics you MUST track in order to succeed:

1. Your sales — both number and amount.

How much money did you bring in this month, this week, today and what did they purchase?

How many items IN TOTAL were purchased?

For example, I offer coaching services and also sell information products for home study. It’s important to know what percentage of sales comes from the different products or services you offer.

2. Your UNIQUE website visitors.

How many unique visitors came to your website this week or month?

Note that this is not the number of “hits” which is a much greater figure. You want to know specifically how many UNIQUE people came and visited your site and any website tracker can tell you this.

3. Your new ezine/email newsletter subscribers.

How many people signed up for your ezine or email newsletter this week?

4. Your conversion rates.

Here’s where we bring a little math into the picture:

* Sales Conversion Rate: Divide your total sales number by the number of unique website visitors. 

For example: if you had 100 unique people visit your website and you sold 70 items, your sales conversion rate is 70% (70 sales/100 unique visitors).

* Ezine Conversion Rate: Divide your total new ezine subscribers by the number of unique website visitors. 

This will tell you how effective your website or opt-in box is with respect to getting new subscribers.

* Value Per Visitor: Divide the total money you made in a given week (or month) by the number of unique website visitors for that same period.

You now know how much each unique visitor is worth you.

5. Your expenses.

Not only do you need to track how much money is coming in, but how much is going out.

What percentage of your gross income goes out in fixed overhead expenses each month? Is there anything you can do to reduce this number without sacrificing service?

The above are just a few of the key metrics you must know in order to gauge what is/is not working in your business. Without tracking, you can’t improve your methods AND your income!

I’ve combined all of the above (and a few more) into a “Strategic Marketing Report” which my team prepares and sends to me each Monday morning - I never have to think about it and getting it on a consistent schedule allows me to make the best decisions for my business on an ongoing basis.

My Request to You

I ask that you know, at a minimum, your website statistics and, if you don’t currently know how to get this information, to contact your webmaster as most hosting sites include this as part of the package.

Once you know HOW to get these numbers, it’s time to put a system in place (whether you or a virtual assistant) to track these numbers on a regular basis so you can continuously improve everything you’re doing.

And if you’re feeling too overwhelmed to begin? You’ll want to learn more about “Strategic Marketing - Sandy Style” and having a customized strategic marketing action plan complete with systems for you to implement “done 4 you”.

©2008 Sandra P. Martini, The Automatic Business Coach & Mentor. Get Sandra Martini’s FREE “5 Simple Steps to Putting Your Marketing on Autopilot” e-course/audio mini-workshop and her FREE small business success how-to tips at www.SandraMartini.com

Photo courtesy of emdot on flickr.  

 

Ep. 9: Don’t Chicken Out! (What’s holding you back from success?)

The Wealth Spa Video Show Episode 9: “Don’t Chicken Out!”

Are you doing everything right, implementing all over the place, but success is just not “clicking” for you?  Do you have a huge vision and wonder if it’s even possible to achieve (or if you are setting yourself up for disappointment)?  Learn the one thing that may be holding you back from wealth & success.

 

This episode comes from my comments on stage at Ali Brown’s Online Success Blueprint Workshop in November 2008.

First Step in Making Money: Send the Paperwork to Your Worker Bees

What’s the #1 concern of small business owners?  

How to manage up’s and down’s in business income each month.  

What’s the #1 concern of individuals? 

How to save more money & have more money available to spend on improving their lifestyle.

Either way, it’s all about managing cash flow.  

Whether you put it under the category of budgeting, cash flow management, pro forma’s, financial planning, or balancing your checkbook, it all comes down to creating a system to achieve your goals by managing and strategizing the cash coming in and going out each month.  On The Wealth Spa I’ve talked about the 4 Step System to Manage Cash Flow.  You can use this system for your household finances, your home business, or a multi-million dollar corporation — the same universal principals apply.  

The first step in managing your cash flow is to get the details out of your way.  One of the details is all the paperwork and records we are required to maintain for tax purposes.  I’m talking about all the documentation to support tax income and tax deductions.  On the personal side, it’s salary information, investment records (both purchases and sales), and deduction records (i.e., property tax, mortgage interest, charitable deductions).  On the business side, it’s income records (invoices and deposit slips) and expense receipts and cancelled checks.  

Whether or not you use this original data to prepare your tax returns (we’ll discuss that next week), you do need to keep all of it in case you get audited.  But you must not get bogged down in these details, because it dose not help you manage you cash flow. 

How to Keep Records:  Personal records may be kept in files by year, along with the tax return for that year.  Business records may be kept in 4 monthly expanding files — one for income, one for deposit slips, one for cancelled checks, and one for receipts.  You may combine travel, automobile expenses, entertainment, and dining records with the receipts (just write notes directly on the back of the receipt), or keep logs in a separate file or journal - whatever is easier for you.

You can keep these documents as electronic files.  But, I find that scanning the documents takes more time then throwing them into files.  And who cares about having a pdf of a Starbucks’ receipt from 1998 on your computer?  

How to Maintain Records:  If at all possible, delegate to your Worker Bees!  Have your Virtual Assistant, Personal Assistant, Professional Organizer, spouse, responsible teenager, stay-at-home-mom neighbor, or babysitter take over this job.  (And yes, not only rich people have VA’s and PA’s - you can get someone for just 2 hours a week.)  All they need to do is sort the paper by year or month, label the files, and stick the documents into the files.  There is no reason for you to do it, except to manage that it gets done regularly (at least monthly).  

The Wealth Spa Minute

Do you have a pile of receipts?  Cancelled checks?  Notes and logs?  Stop dealing with this paper and get it off your desk into a simple expandable file.  Even better - delegate this task to your Virtual Assistant or Personal Assistant.  

 

Ep #66 Finding Your Why

Elizabeth speaks to The Barefoot Executive, Carrie Wilkerson about Finding Your Why.

Elizabeth and Carrie talk about how they made their transitions into working from home, how working from home brings to you so many changes and how there really is no balance…it’s life happening! 

Elizabeth then answers a listener question about avoiding networking overwhelm from your attendance at conferences or seminars and how to get the most out of the information, ideas and acquaintances you’ve made. Elizabeth then shares her Entrepreneur’s Success Tip of the Week: Listening to Your Intuition within Your Business. 

To learn about Carrie and to receive her free downloadable presentation on Finding Your Why visit The Barefoot Executive. 

 

Click Here to Download the Show!

 

 

Shameless Self-Promotion Post for November

Here’s my theory — this Online Magazine is not the place to constantly ping you with everything going on in my life and business. But, since I’m giving you tons of great free content here (and some of you do care about my stuff), each month I’m going to post one big self-promotion feast of a post. So here’s your November self-promotion fix.

Just Launched

The Money Tree System: How to Attract More Money in Just 15 Minutes per Week

The Money Tree System is a step-by-step method to get over your fears about your small business finances, manage the income and expenses of your business, and effortlessly attract more money to you — in just 15 minutes per week. In this program you will learn how to:

• Let go of your story that your are “not a numbers person” or “not good with money.”
• Let go of fear and anxiety that keeps you from getting started on managing your financials.
• Get in the right frame of mind to conduct your weekly Money Meetings, so you don’t freeze up before you start.
• Balance the Law of Attraction and Universal Principles with practical, action-based money management and business planning.
• Know what you should be doing when you sit down to review your finances, so you’re not there just staring at the screen.
• Troubleshoot your income so you know when you will have income “busts” BEFORE they start, and how to do something about any problems that may arise.
• Find “hidden treasures” in your business — income that’s just waiting for you to simply cash it in.

**Special sale price until Friday November 14th at Midnight**

Watch the video (and see me after losing 15 lbs) and get more info at http://TheWealthSpa.com/MoneyTree

What’s Upcoming

The Wealth Spa Radio Show is moving to BlogTalkRadio, with our first new show on Thursday, November 20th (my birthday!) at 11:00 AM Pacific. For those of you who listen to the podcast, nothing will change. I’d love for you to call in on the first show (even if it’s just to wish me happy birthday!).

The Wealth Spa Affiliate Program will re-launch in late November, to promote affiliates for The Money Tree System as well as the upcoming campaign for Grow Up! Strategies. FYI - we pay 30% commission and 5% downline, plus higher commissions for joint ventures and strategic partners. More information coming soon.

Grow Up! Strategies book campaign will go live in December (target date Tuesday December 6th). Yes, a weird time to launch a book but perhaps, in a contrarian way of thinking, no one else will be launching a big campaign that week so it will be the perfect time. In late November I’ll be approaching interested partners in joining for this amazon.com-type campaign.

The Wealth Spa Video Show will be re-launching in November, mostly because I finally bought real professional lighting and backgrounds. We will now be posting new shows on a regular schedule — I may even create a production calendar, imagine that!

How-To Clear the Decks to Prepare for Success

Guest post by Liz Pabon, The Branding Maven 

Let’s face it running a small business has its challenges.

Don’t get me wrong, I would NEVER dream of trading my small business experience for a corporate position. Having now spent ample time as an employee and as an entrepreneur, I’ve definitely found my niche.

However, without some solid business strategies in place, the business of entrepreneurship can overwhelm, disappoint and frustrate.

During a recent coaching session with a small group of entrepreneurs, one consistent obstacle presented itself … lack of time.

The time issue, after the layers are peeled back, is nothing more than an organization and prioritization issue.

Feel like you don’t have time to market your brand? No time to follow-up with clients, customers or prospective new business? No time to workout, spend time with your loved ones, etc? If you answered yes, what you are faced with is a disorganized calendar.

There are 24 hours in a day and it doesn’t matter what line of work you’re in, what market you serve, what challenges you are facing in your business, you get the same 24 hours as the very successful. The only difference between them and you is how you use that time.

You see, before you can market your brand, get going with that exercise program, or plan that vacation, you must first identify how you’re spending your time so you can create the time for what you want to accomplish.

And, here’s how…

1. Before you add one more thing to your schedule, slow down, and take a look at how you are spending your time today. You’ll have greater success re-prioritizing your time when you can identify how you are spending it.

What often happens when you don’t know how your time is being spent, you try to squeeze in marketing your brand, following up with clients, and finding new clients and customers. Wouldn’t you agree that these are vital to the success of a business? Of course they are.

2. The most effective time management strategy is called scheduling. Make no doubt about it, moving from time clutter to scheduling takes patience and discipline but is a necessity if you want significant growth.

Once you’ve identified how you spend your time, you’ll want to clear the decks of all non-productive activity like:

• Gabbing with friends 
• Surfing the web 
• Checking and reading email 
• Answering your phone 
• Emptying the dishwasher 
• Organizing your desk 
• Checking web stats 
• Cleaning your office 
• Fudging with flyers 
• Doing the laundry 
• Data entry 

3. As a soon-to-be scheduler, you’ll be scheduling your activity on a calendar each week by blocking segments of time for specific tasks.

For example, emails are addressed M-F from 4-5:00pm only. Phone calls are returned within 24 business hours. Marketing is scheduled for Thursdays from 1-3:00pm. All follow-ups are made (phone, email or regular mail) on Friday’s.

Begin by identifying the day of the week you’ll devote to this task, then the amount of time you’ll dedicate for each task. The amount of time you assign to each task is not as important - at least not initially - as carving out time for the task itself.

By clearing the decks of those things that are blocking you from achieving all that you can, you’ll find that lack of time is not the enemy. You’ll also discover that your capacity to achieve more, be more and have more is just a schedule away.

ACTION STEP: Purchase a large desk or wall calendar. On it, begin to block out days and times that you will realistically devote to the most important tasks/activity in your business; marketing, sales, networking, follow-ups, etc. I encourage you to use the same method for work out time, family time, and self-care time. You may find that you’ll need to modify this schedule several times until you get just the right rhythm for you and your business.

©2007-2008 Liz Pabon. All rights reserved.

About the Author:  Brand Strategist and Wild Success Coach Liz Pabon, “The Branding Maven,” publishes the playful, insightful and motivating, “Keys 2 Wild Success!” Ezine. If you’re ready to create the business and life of your dreams, and have LOTS more fun getting there, get your FREE tips now at www.thebrandingmaven.com

 

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