Amy:  Jim, please tell us about trademarks.  How can they help a company?

Jim:  Trademarks or service marks are used to identify and distinguish goods or services in the marketplace as originating from a single source.  A trademark is the only intellectual property (IP) asset that is protected by four separate bodies of law: international, federal, state and common law.  If a mark has been cleared, a company can begin using it on the product or with the services. 

Amy:  How does a company select a trademark?

Jim:   There are several factors to consider.  One of the first factors that should be considered is how "distinctive" or strong the mark will be?  The company should look for a mark that is highly distinctive. 

At the top in of the "Distinctiveness" scale are marks that are Fanciful, that is words that are made up or created.  The words Clorox for bleach or Exxon for oil and gas products are a couple of examples of Fanciful marks. 

Next, are marks that are considered Arbitrary.  Here, the word may be a well-known word, but it is arbitrarily applied to the goods or services.  Some examples might be Fox, as applied to a TV network or Camel, as applied to cigarettes. 

Then comes the Suggestive marks, or words that suggest, but do not describe, the product or service.   The mark Computerworld, for stores selling computers, was an example of a suggestive mark. 

Now, at the low end of the Distinctiveness scale comes marks that are said to be Merely Descriptive.  These words describe the quality, ingredients or characteristics of the product or service.  For example, Cough and Cold Formula describes the ingredients of a medicine, and might be thought to be merely descriptive. 

Of course, a generic term cannot be a trademark.  Another factor is whether to do, or have done by a professional, a prescreening of the mark to find out if you have selected the same mark as your competitors or one where there is a likelihood of confusion with the competition's mark.  This is a good step when entering a busy market.

Amy:   This is good information for a company looking for a trademark, but are there any "Rules of the Road" as to what NOT to do with your advertising or sales literature?

Jim:  Sure!  I can give a few examples:

1.     Don't use your trademark/servicemark as a noun.  Marks are adjectives and should modify a noun.

2.     In the same sense, don't use the mark as a verb.

3.     Always use your mark in its designated form.  Don't abbreviate or change spelling for convenience.  If the mark is two words, keep using it as two words.

William Faulkner once wrote "Gesture is principle."  This timeless phrase can be applied to recognizing employee contributions.  How can companies find the right gesture to keep employees feeling engaged and appreciated while they are facing job insecurity, work load increases caused by hiring freezes, budget cuts and sales declines?  What can a company do in the face of all this gloom to keep spirits up and morale high?

An effective gesture is an employee recognition program!  Studies show that implementing an Employee Recognition Award program can have a significant impact in a company's business by: improving employee retention, building employee loyalty, Promoting your company's values and culture, and providing timely recognition of employment milestones.

Here are a few tips to have a great employee recognition program:

·       Don't assume "one size fits all".  Decide what you want to achieve by creating goals and action plans that recognize the actions, behaviors, approaches, and accomplishments you want to foster and reward in your organization.

·       Fairness, clarity, and consistency are important. Set criteria for what makes a person eligible for the employee recognition such as meeting sales goals, marking employment anniversary dates, meeting project goals, etc.  Recognize ALL employees who meet the criteria.

·       Involve management and leadership.  For day-to-day employee recognition, you'll want to set guidelines so leaders and managers acknowledge equivalent and similar contributions.   

·       Offer a wide array of recognition options.  Employers often times think too narrowly about what people will find rewarding and recognizing.  Provide a wide range and selection of lifestyle gifts that fit a broad range of categories.  Yes, a vacuum cleaner and luggage are examples of things that some people really appreciate and may even need! Useful gifts sometimes are the most appreciated and most remembered.  Employees routinely tell us that they want gifts without the company logo. 

On a daily basis, take the time to engage and recognize your employees with simple gestures of appreciation.  "Please" and "thank you" from a manager will never lose their value.  The best results come from appreciation and encouragement.  These are gestures that help establish the principles of a productive and positive workplace culture.

Molly Connors is President of Rising Tide, a company that specializes in giving brands a lift through creative branded merchandise, custom employee award and incentive programs and marketing services. You can visit her website www.risingtidepps.com and her  email is molly@risingtidepps.com. 

HR Strategy Group, LLC provides management and HR advice to small and mid-size companies.   HR Strategy Group, LLC is led by Amy Polefrone, MPA, SPHR, an experienced leader in management and human resources consulting.  Amy and her team of consultants have extensive experience working with clients in government, telecommunications, insurance, education and other "Main Street" businesses. 

Our expertise includes helping clients with day-to-day HR issues, hiring & termination issues, employment law, non-compete agreements, family leave policies, employment handbooks, performance reviews, HR record audits, workplace initiatives, interviewing guidelines, and employee & corporate communications. 

We can help you grow your business with sound and smart attention to the people and issues that drive your growth. 

We are passionate about helping you grow the people side of your business. How can we help you today?  Call us at 410-505-8723 or email amy@hrstrategygroup.com to get started TODAY!