Date: October 29, 2008
Winthrop & Weinstine, P.A., is a proud presenting sponsor of the 2008 Upsize Business Builder Awards & Seminar. The event is the culmination of a contest that recognizes small-business owners for their smart growth moves in the following six categories: people in the workplace; finance and operations; technology and innovation; community impact; customer relations; and communications and marketing. The winners, five in each category, will be presenting their best practices at the morning seminar on Oct. 29. Judges from Upsize, contest sponsors and the local business community will select the Upsize Business Builder of the Year, which will be announced at the awards luncheon.
Winthrop & Weinstine attorneys
Stephen R. Baird and
Mark R. Gleeman will be participating in the event. Steve, chair of the firm's Intellectual Property and Trademark and Brand Management practice groups, will be participating in the Technology and Innovation panel. Mark, whose practice focuses on employment law and emerging companies and entrepreneurial services, will be the Master of Ceremonies and a panelist for the discussion on “Best Practices in Finance & Operations.”
Click here to view the invitation.
As a part of his panel discussion, Mark has complied eight finance and operation tips:
1. Make sure your projections are realistic. Pie in the sky projections don't help you. They must be realistic, fit with the market and line-up with common sense. Otherwise, you will lose credibility with everyone who looks at them.
2. Prepare financial statements. Every company should have accurate financial statements. Financial statements are the measure of the success of your business. Without accurate financial statements you really don't know the financial health of your company.
3. Understand your financial statements. You don't need to be a CPA, but you need to have a general understanding of your financial statements and how to accurately interpret them. Bankers, investors and credit grantors will be looking at your financial statements when making decisions about whether to get involved with your company. You need to be able to answer their questions accurately and honestly.
4. Consider the tax and accounting implications. Many finance issues have tax and accounting implications that must be reviewed before making final decisions. You will need to consider how different types of financing will effect your financial statements.
5. Establish relationships with bankers, accountants, attorneys and other professionals. Professionals see a lot of different issues, companies and industries each year and over in their careers. Based upon their experience, they can offer good advice on many different subjects.
6. Have a clear organizational structure. In tough times, you need to be as lean as possible. Managers should know the right person to contact within your company to solve problems and address customer issues.
7. Listen to your employees. When it comes to operational issues, listen to your employees. They often have good ideas on streamlining processes and procedures. You might not implement everything they suggest, but one or two ideas could save you thousands of dollars.
8. Understand the needs and concerns of your customers. Nothing hurts a relationship more than not meeting the expectations of your customers. Too often companies don't discuss the details of a project with customers or all of the costs involved. Don't be afraid to talk about these issues. You need to understand what your clients want. Don't over sell and over promise. To provide the best service you need to be on the same page as your customers.
Steve compiled ten solid strategies for improving a company's legal position in trademarks for branding and advertising:
1. A trademark is a designation of source or origin of a product.
2. In the United States, trademark rights are acquired essentially by use. Registration enhances those rights.
3. The more distinctive a mark, the better the opportunity for legal protection.
4. Trademark searches are generally recommended before commencing use of a trademark whether or not one files an application for registration.
5. The manner in which a trademark is used can significantly affect the scope of protection in the United States. Generally, marks should be used as an adjective, not as a noun, and followed by the common descriptive term for the goods or services in connection with which the mark is used.
6. The ® symbol cannot be used unless a mark is federally registered in connection with the goods or services in connection with which the mark is used. The designation "TM" or "SM" may be used in connection with a mark whether or not the mark is federally registered and whether or not an application to register has been filed.
7. Use your mark in the form it is registered, and for the goods or services specified. Remember that a registration for one class of goods will not necessarily protect you in a different class.
8. Police the use of your trademarks by others and enforce your rights where necessary.
9. The key to trademark infringement is the existence of a likelihood of confusion caused by using a similar mark.
10. In analyzing trademark fair use defenses, each case is unique unto itself and all such matters are very fact-specific. Accordingly, relying on such defenses is subject to great risk without legal advice.