DAY Communications LLC Design & Function for Web & Print

Trade Marks and Service Marks

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Profit By An Image Upgrade!

You know your products or services are unique-- and better than the competition's. But how can you convey that to today's sophisticated consumers and prospects in today's saturated marketplace? One way is to add a service mark (SM) to your company, name or service, or to update your product's trademark (TM).

A TM is a word, symbol, design or any combination of those elements, a slogan or even a distinctive sound which identifies and distinguishes your goods from those of other firms. When it identifies a service it is called a service mark. TM's and SM's not only differentiate products or services, they promote and sell them. They provoke thought, evoke a mental image, or insure memorability through rhyme, alliteration, symbols or pictures, which helps to increase sales or billings. One of the deans of advertising, David Ogilvy, considered a product's brand mark-- the symbol, color or design aspect of its trademark to be a first-class ticket through life.

"Just do it", "Melts in your mouth, not in your hand",  "Membership has its privileges"....A Quaker man, a girl with an umbrella and box of salt, Aunt Jemimah...You know the companies, and their trademarks make you feel good about their products and services.

But TM's and SM's are not just for megacompanies. They're for any business seeking to win more business. Why not update your product's label with a new brand mark? Or, if you offer a line of services, consider giving them promotional names to enhance their appeal.

If yours is a service firm, boost your image with a slogan that shows up on your stationery, capabilities brochure, ads and specialty items. It's a good way to let people know you're growing, changing and innovating. Call us today for creative assistance with an image upgrade.

Little known facts about trademark registration

Federal registration is not necessary for trademark protection, but does provide the right to sue in Federal court for infringements. Many trademarks currently in use are simply protected by state and common law. We do, however, recommend a simple trademark search before publishing or applying a mark, even if registration seems unnecessary.

Before November 16, 1995, a trademark owner could file an application for a Federal registration only if the mark was in use on goods which were shipped or sold, or on services that were rendered, in commerce which could be controlled by Congress. After that date, the law changed, and intent to use is now the requirement for registering a trademark.

Prior to registration, many trademark owners use a TM or SM symbol to indicate a claim of ownership, even if no Federal trademark application is pending. The fee is approximately $300 for each class of goods or services for which application is made, plus legal services fees to verify the originality of the mark.

Please call on us for assistance with a trademark or service mark or for referrals to trademark attorneys.

©2001. DAY Communications/fastzone.com. All rights reserved.

Stagflation, recession, etc

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"A pessimistic outlook can be more damaging to your company than faltering demand for your product of service." - Anon.

"Be aware that research has shown that companies that continue to advertise in adverse economic times will gain market share. Why? Simply put, it's because your competitors are sitting idly waiting for the market to turn around, while you're aggressively pursuing business!" - the Strategic Planning Institute of Cambridge, Mass., "Profit Impact of Marketing Strategy" Study.

"With talk of recession, budget deficits, ... and uncertainty with respect to interest rates, it is important to develop contingency marketing plans. No one knows which economic scenario will develop, but with the bottom line at stake, it is crucial to be prepared to adjust operations for the greatest possible profits...IN ANY EVENT!" - Avraham Shama

Avraham Shama in his book, Marketing In A Slow-Growth Economy, suggests these activities may help marketing managers:
    1.    Study how inflation affects the target consumers. Different targets are affected differently. Thus, various degrees of modifying the marketing mix are called for.
    2.    Keep costs down but don't lower prices, since consumers will relate this to low quality--which could result in decreased demand.
    3.    Institute a flexible price policy; frequent adjustment of prices may be important. An examination of the cost and price structure for consumer goods every 90 days is wise. Maintain competitive pricing. Emphasize profit margins, not sales volume.

The buzz words to use in advertising messages are: VALUE, ECONOMIZE, SALE, FUNCTIONAL.

Pep Up Tired Products and Services and REAP

star ideas

Here are some idea starters to help you revive your business.

Send a survey to customers and employees. If possible, send the sales team out to get the score on your business performance. Find out what customers value most.

Ask yourself: "What is the news about our product?" People want to know the news.

Create news by devising a new application. Brainstorm the possibilities with us.

Discover the online implications for your industry; do online research to see what your competitors are up to.

Do reverse brainstorming. Make a list of negative attributes to serve as a basis for discussing improvements.

Think of your offering as the profits it offers the customer's business. Sell it as such.

Adopt a new service mark or slogan. Then make sure everyone knows it.

Introduce a contest. People love getting something for nothing. Have a drawing and then add the names submitted to beef up your database.


Remember how to REAP rewards:
Respect your clients. Customers today are better educated and more demanding. Stop seeing prospects as targets, and consider how you might best engage them. Your aim is to connect. One message probably isn’t enough. Respect differences.

Explore media opportunities or find an agency that is enthusiastic about doing so. The proliferation of media can be viewed by marketers either as an overwhelming maze or an exciting challenge. Choose the latter. Seek out new ways to advertise. Consider sponsoring a special event, advertising on video games or bus wraps, or participating in a trade show or convention of a group you are not familiar with. And what about SMS (short “text” messages) among staff, along with every other internet and telecommunications advance, to stay on top of your marketing mission?

Audit your marketing program– A marketing audit will enable you to: 1. Evaluate your current situation; 2. Identify marketing opportunities 3. List some marketing objectives, leading you to: 4. Outline strategies and action plans, and 5. Develop budget estimates. Those five items comprise a one-year marketing plan. See The Zer0-based Marketing Audit.

Provoke people, but in good ways. To stand out, don’t forget what people respond to: rhyme, alliteration, musical jingles, colors, and of course, your genuine concern. Pique their curiosity, evoke emotion, but DON’T manipulate. Remember, respect!