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For the Love of Trademarks

Now is the Time!

Now is the Time!

When is a good time to evaluate your intellectual property particularly trademarks, copyright, or patents? Prior to starting a business or expanding a thriving business are two opportune times. Many new business owners ignore the benefits of trademarks and copyright mostly because of uncertainty about the process and potential costs associated with the application. This is a grave mistake. Your intellectual property is an asset to the company and adds value when looking to finance, merge, or expand.

Defining the terms

Trademarks, patents, copyright, domain names, and business name registration differ in subtle ways. Domain names are used to identify Internet “real estate” and registered business names are used to legally describe a business entity.

You can view a great video on the basic facts surrounding trademarks presented by the US Patent and Trademark Office. It is about 40 minutes long; so you will probably save time by reading my previous post about Intellectual Property Lawsuits  summarizing the differences.

Intellectual  property (IP)

IP adds value

Intellectual Property is a Valuable Asset

Many small business owners equate IP to patents, logos, or copyrights on a document. This is just the tip of the iceberg. Intellectual property may include, domain names, registered business names, video, documents, music, photography, white papers, presentations, pod casts, processes, designs, inventions, innovations, etc. The key is the decision of what to protect and the headaches a company is willing to endure to do it. As mentioned in my other post, litigation for patents and copyright infringement is a big business with a big price tag. As a small business owner/operator, you should conduct regular cost/benefit analysis to maintain intellectual property “value” and to answer these questions:

  • Are all the necessary protections in place to cover all aspects of my IP portfolio?
  • Is our monitoring effort adequate?
  • Is there adequate finance to litigate a violation or an infringement?
  •  Is it worth it or better to settle out of court?

Basic protection

A careful review of  basic facts about trademark, copyright, and patents will help to understand the potential areas of focus in creating your IP strategy. At bare minimum, protect your logo, digital assets, inventions, designs, and custom processes that separate the company from competition. The cost is far less than the potential loss. Take the time to protect your assets. The first step is contacting us to advise and facilitate the process.

Why Care about Performance?

What is it about performance that makes people change their actions, thoughts, and beliefs? Is it merely a lifelong effect of peer pressure and family “training”? In small business performance traditionally translates directly into revenue because of inherent pressure to balance cash flow in the daily operation. The mind set of linking business performance to such a narrow set of variables will end up costing far more in the long run.

Measuring business performance is no gamePerformance as a system

Converting measurement of performance to a system approach is the ideal method because results can cover output from a larger pool of indicators than those that focus on revenue. Human capital, vendor management, supply chain, finance, and operations all have very important roles in determining performance values. Basically, a  holistic method rather than a reflexive one.

Reflexive Action

Reflexive action is a direct response to a particular stimulus or a set of stimuli without thinking. For example, sales revenue can be construed as a direct response to marketing effort and measured only as return on investment (ROI). A no-brainer, right? Wrong!  What about other influences like market conditions, employee effort, operational change, residual advertising, and risk?  In actuality, sales is a byproduct of a system working towards effectiveness and not a true measure of efficiency. Measuring the wrong system output leads to artificial or unrealistic performance.

Let’s see this in action. A print shop creates a flyer at a cost of $1,000 evangelizing the features and functions of their new printing service and sends it to 5,000 e-mail addresses on Monday. Tuesday, one of their top sales people closes three accounts leading to $10,000 in new billed revenue on the service. Wednesday, the head of operations decreases the cost of production by 10% by finding a cheaper source for paper and toner. Finally, Friday rolls in and an existing client buys the service from their account rep. How much of this week’s revenue can be attributed to the flyer? Based on measurement of new services acquired, the flyer is a huge success. Actually it is not. All the revenue produced comes from outbound efforts, optimization, or existing relationships; not the marketing campaign.

Holistic measurement

To correct this issue, a paradigm shift to a holistic approach is necessary. The flyer should be part of a system approach or plan to push printing services. All aspects of the business contribute to the program and should be measured. Looking at the whole company’s influence rather than just the flyer ROI will create better measurement. Knowing this, how can the flyer be adjusted for success? The best way to measure a marketing tactic like the flyer would be to include a QR code, measureable call to action, coupon, or contact method. Measuring performance would come from direct results of the campaign in the form of click through, inbound calls, redemption of coupons etc.

But ROI is the best measurement

At face value, Return on investment(ROI) is an easy method to use because it can be applied to just about any system. Simply dividing results by associated costs yields a percentage. The key is defining all the working components that go into the equation. In the case of the flyer, if you use sales produced during a specific time period and don’t account for other efforts the percentage will be artificially high. In essence, what goes in affects what comes out. The best practice would include detailing all components, creating measureable indicators, and defining realistic goals creating a process approach rather than just a tactic.

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