SoKy Local Business or "SoKybiz"

My good friend and Kung Fu Sifu came to visit me in my office yesterday to discuss his new website, which he designed himself because as he said, “I knew you were so busy.” We discussed the particulars and then our conversation turned to; “so how’s it going?”

Sifu Sam mentioned that he would like to see me in class again and wondered when I expected to return. I explained that this new business of mine has taken a huge toll on me this past year. I explained that I could count the number of days off on one hand, and that I have slept at my office more often than at home since starting the magazine. He said, “That’s not good.” I agreed to a point, but then I came into this knowing it would be difficult.

He explained to me how busy he has been learning new techniques and expanding his business. He has made many changes in his techniques and methods and even his own diet. He has been working very hard to master his new skills and make his business better. We talked about the need for balance in life, not only in business, but also in fitness and diet. It was a nice talk and led right into the question; “What are going to do to find balance?”

Ah... balance.

Truth be told, I’m so out of balance these days that even my own wife recently accused me of being a “work-a-holic.”  I explained to her that if I were a work-a-holic, I would not have had the drive and determination to work 24/7/365. I know, it sounds like a contradiction but it’s true.

I am determined to build a business that allow me the freedoms I long for. I am working so hard to earn the freedom and resource to travel, to take up new hobbies, to see and do many new things. I have always known that building this or any new business would take a huge investment in time and effort, especially when trying to build it on limited resource as we have.

I had another encounter yesterday that assured me that my investment has been well placed. Our new salesperson (our 5^th) had a great (best) week selling ads and we had a very encouraging discussion about the short term and long term expectations for the company. We all feel that this magazine has crossed a threshold from obscurity to necessity. Our customers have come to know and trust the company and are now more willing to join us in our journey so to speak.

While the goal is still somewhat out of reach, it is in sight and things are happening now that would not have been possible without the thousands of hours, sleepless nights or the willingness to learn and master new skills.

It’s almost a year to the day that we decided to create this new business and it’s been a long and difficult road. We have learned many things about the business and people in the community. We have discovered who we can trust, and unfortunately, who we cannot trust. Though there are many challenges ahead and there is still much to do, the time continues to be invested to reach our goals and dreams.

The investment of time has been very expensive. I have missed many opportunities, passed up many offers, and even allowed my own health and fitness levels deteriorate to a point that it will take months to correct. There have been many sacrifices in building this business and the fact is, like many investments, there has always been the risk that the time and effort could possibly return very little should the company fail.

There is a term in the investment world, “The higher the risk, the higher the gain.” That term has inspired many people to take a chance on an investment only to lose everything.  That term has also inspired people to take a chance on something and reap huge rewards. That is how I entered this year, I knew it was going to be difficult and I knew there was a chance I would fail. But I also knew that “if” I could make this work, it would be a great thing for me, my family and even my community.

It’s happening!

Interesting mile post; I’ll be getting my truck back this week and it serves as a significant mark in my year long struggle to remake myself. Briefly, I was involved in a head on collision about a year ago right after some significant losses in my business. The truck is one of those things I’ve neglected and not had repaired until now. Heck, I didn’t need it since I was at my desk all of the time anyway. Well, it’s fixed and I should receive it this week. It will grant me some freedom since I don’t have to borrow a ride from someone else. It also marks a turning point in my life from slave to my new company to leader of the new empire. (grin)

I have decided that regaining personal transportation will be my point of resolution to take a few hours for myself each day. Those hours will be in the gym or at the martial arts school. I will go home more often and will do some things that I want to do instead of have to do.

Yes, this past year has been the ultimate investment of time I’ve ever made. I am proud to say that it was a good investment. While it is only the first part of the plan, it is the most significant part as it will allow me the resources to continue the plan.

I can’t get back the year I’ve invested. I can’t rewind time and time is one thing that once spent is gone forever. Had I failed, I think I would have been happy in the effort. Fortunately, I’m not faced with time lost, I am being rewarded for the investment in many ways and it feels good. I have much to do still, and it will require more time; I am willing to make that ultimate investment.

Labels: changes, planning, small business

This was posted by SoKy : 8:32 AM  0 comments links to this post

I recently read that any well organized person is a person obsessed with lists. It makes sense and I do my fair share of listing, though my lists are not very well thought out. A list is great if you know where to find it... ya think?

As I enter into the first full week of the year, I find myself overwhelmed with the number of things I need to get done. From writing letters to making sales calls, the next two weeks are going to be very busy. Throw in a couple of websites and getting my truck back from the body shop, I’m feeling a little overwhelmed.

A lesson I learned many years ago was to write down a complete list of everything that needs to be done as you think of it and in no particular order. Once you have the master list, take a sheet of paper and draw a big plus sign from top to bottom and side to side. The top left box is for those items that must be done now and above all else, this is the important and urgent box. The box below this one is the urgent not important. Then on the right top, list those items that are important but not urgent, and yes, you guessed that the bottom right box is for items that are not urgent and not important.

Note: At 5:00 A.M. on Sunday morning, writing a blog is not urgent and not important but something I just want to do.  This brings up another good point, this method of organizing priorities can also be broken into “roles and goals.” It tends to complicate the process but basically, there are personal, business and other categories that can be created and items can be listed there.

Oh; I do recall that the Urgent/Important concept came from Franklin Planner training (yes I went to a class) and the Roles and Goals concept came from 7 Habits training (yes I went to a class) that I received many years ago.

I have a plan to reach several hundred businesses in the next two weeks, with that in mind, I must prepare to be organized or I will lose control of the information streaming in. Taking time (making time) to consider the day before it starts as well as the day as it ends will help me keep track of all of the new items that will invade my to-do grid.

Another tool that I like to use is a “contact card.” It is something that I have used in the past and it works for me quite well. Basically, I take a stack of 4x6 index cards and run them through my printer. Simple lines for date, time, names, places and a block to staple a business card is all I need. The main areas are for notes and follow ups.

Using the contact cards allow me to physically sort the contacts that need attention, or to put them in follow up piles for later reference. It provides me some assurance that I won’t forget a contact while allowing me to forget them for now so I can concentrate on the urgent/important and new items on my list.

As an experienced application developer, I have been working on a contact manager that would accomplish much of the same tasks but having the pile of cards seems to be more manageable than an obscure database of information.

No matter how you decide to organize your priorities or required tasks, discovering a method that works for you that will allow you be more productive and can bring you more peace, more time and more money.

Labels: planning, small business, tips and tricks

This was posted by SoKy : 6:11 AM  0 comments links to this post

As I write this, I look back on the past week and I see some great achievements and some ... (RING) Phone interruption....

Whoa! That was a call from the pre-press people. Apparently, there was a trouble with the file I uploaded yesterday and I had to drop everything a fix it NOW! Such is the life of a small businessman.

I am continually amazed at the number and frequency of drop everything interruptions. This morning's "fire" was easily addressed and only interrupted a peaceful morning. Frequently however, the fire alarms come in pairs, dozens or more. They come by e-mail, telephone, postal service, knocks on the door or shouts from the other office. No matter the method, they come and they keep on coming.

Is there ever any real peace in a micro-business? I suppose there can be moments of peace, or a perceived peace, but it's been my experience that when one or two people are trying to fill all of the roles in a business, peace comes in moments and those moments are frequently interrupted.

The reason I feel that peace is a perception is because there is always something to do! I have a long list of things "I want to do;" this list has a partner; it's called the "need to do" list. Then there is another list called "do it now." Is there ever a time when all of the lists are complete? Perhaps, but at least for me, if the lists were ever to be completed, I would likely add more to the lists. It's just the kind of person I am.

I remember a post I started writing last month at this time. This is the time right after we go to press when I should have peace in my mind. A time I should be resting and gaining my strength. Sure, I went home yesterday after uploading the file. Heck, I better, it was Thanksgiving. I deep fried a turkey and enjoyed a nice quiet night with my wonderful wife. That was interrupted slightly when my son arrived from kayaking and needed to get cleaned up to attend Thanksgiving dinner at his girlfriends' house.

We rested and watched TV; I even slept for 12 hours straight. As soon as I woke however, (actually before I woke) my mind was already building a list of things I want/need/have to do in the next few days. The millions of things I put off while we were building the magazine as well as the things I want to do differently or add to the magazine next month with flowing in my mind like Niagara Falls.

The blog that I wrote and never posted last month at this time was one considering the minds pace and what happens (at least to me), when you spend three days concentrating on a million details with little if any rest. The mind becomes accustomed to the pace and when the time comes to rest, my mind continues at break neck speeds processing, considering and dreaming. I don't mind it really because the pace brings with it many new and exciting ideas. I've learned to write them down so when my mind slows, I can remember all of the cool ideas I had.

(Break to archive the master file for December 2007 SOKY Happenings InDesign files. Don't know how to burn a CD on the MAC, moving the folder to the PC to backup the December files.)

When I started this post, I was at ease and going to relate the many achievements, some mistakes and the feelings I have in my heart on the day after Thanksgiving 2007. Instead, I wrote about how my "little magazine" business intrudes, invades and overwhelms my mind. I am happy that it does! I have created a company that I am passionate about and care for deeply. A company that is accomplishing something and makes a difference in the community I live in. I've heard it said, work is no longer work when you enjoy what you're doing. Sure, there are many aspects of this business that are difficult; other aspects that I intend to delegate to staff once I am able. Overall I have to say, it's not work because I love what we are doing. Interesting that I write those words just a day after I worked 3 days straight, the last two with only 2 hours of sleep. I guess the saying is true; I don't mind overworking because I love what I am doing. I am thankful for that.

Thankfulness: Wow, I have a lot to be thankful for this year. My Sons are doing fine, my new company is doing fine and I am doing fine. I've learned a lot this year and am thankful for my ability to grasp new concepts and take chances. I've had many disappointments this year as well, but as a result, I've found my passion, learn who I can and can't trust, and more or less changed my life. This will be a year that is remembered for the rest of my life. 2007, the year that will live for a lifetime; there's no doubt about it.

On a personal note: Carrie and I have talked several times this year about the many and diverse skills I possess personally. I am convinced that the experiences and challenges of the past 42 years have helped me learn the many skills I have. I am also convinced that those skills, talents and experiences are the keys to opening this new door known as SOKY Happenings. I am fortunate to know what I know and be able to do the things I do. I guess I am most grateful for my own knowledge, skills and ability overall. I'm not sure why I have been able to learn and retain so well, but from fixing and flying jet aircraft to creating new and exciting publications, to being able to market and sell my ideas, I have a diverse skill-set that I am thankful for. This may sound conceited and all, but if I can't be thankful for my own abilities, who else will? Yeah, that's my point.

Resolve! I have a few more businesses I want to create as well as to expand the current, especially the publishing business. I will have to remain open minded and flexible to learn the new skills necessary to bring them to pass. That said however; I am also determined to bring to pass my own primary aim. My primary aim is for freedom and flexibility. The only way I will reach this objective is to learn to have confidence in others; to learn to delegate responsibility and to build the resources necessary to create, train and maintain that inner circle of trustees. After some of the disappointments in people this year and the 7 years that preceded it, I will have to "re-learn how to trust" people. It's a sad situation but my confidence in others has been shaken to the core and I must find ways to trust others once again. It's really the only way I can reach my primary aim and to have the freedom to learn new skills, take care of myself and have new experiences. I know that there are many good and loyal people out there, unfortunately however, life has brought me many who are not. I must remember the former and forget the latter.

Main category: Personal

Sub Categories: SOKY Happenings, Small business, Life Challenges, Trust, Loyalty, Ability, Macintosh, Publishing, and Primary Aim.

About 1243 words: not copy edited.

Labels: planning, print publishing, small business, Soky Happenings

This was posted by SoKy : 1:02 PM  0 comments links to this post

Patience could very well be the secret ingredient that is overlooked in small business. Patience is hard for the entrepreneur because it slows things down and frustrates the entrepreneurial dream through the agonizing sands of time. It takes more patience to build a successful business than most people are willing to invest.

Patience is something that most business scholars would advise. Though these same scholars may call it "planning" or "preparedness," the point is the same; it takes a little time to build a small business.

As I prepare to send the sixth issue of my monthly publication to press, I can look back at each of the months and see my own lack of patience. I wanted many things to happen sooner than later. What helped me overcome the frustration were the immediate needs and a "get the job done" attitude.

It takes time to pan for gold! It takes time to build a house. It takes time to get into shape; carve a sculpture, paint a work of art, hammer a nail and to build a business. It takes great patience to make a decision knowing that time must pass before knowing if that decision was a good one... or not.

Eight month's into this publishing business, I can finally measure some of the decisions I've made. I can see the mistakes and the effects of those mistakes. I can see the victories and what influenced those accomplishments. I can see areas that need attention, things that need to be done, and I can also see many intangible things such as who I can count on, who I can trust and who will return the loyalty I offer.

Another lesson of patience is waiting for my potential customers. I remember thinking when I started the magazine that many of my preferred sponsors would take a wait and see approach. They would watch the magazine and see if we could keep up the pace or if we would continue to improve it. They were watching to see if I would have the persistence and patience to make this business work. They were watching, and now they're buying!

This was a great month for my "little magazine." We received many calls from potential sponsors who liked what they see on the pages and want to be included. We received many comments, e-mails and letters thanking us for the monthly guide and encouraging us to continue. We even received many (more) inquiries from people who wanted to contribute, write stories and offer ideas because they like what they see in our little magazine.

From a startup perspective, I can see the need to be prepared to be patient. To allow time to pass, you typically need money. I have done everything I can to build this business with as little out of pocket capital as possible, yet each grain of sand in the hour class makes a sound like a coin in the piggybank. Even though I was able to keep the start up costs down, the expenses of business and personal life continued. Preparation is an important key to patience. Without preparation of both mind and resources, being patient is impossible.

Fortunately, I made enough good decisions that have stood the tests of time. Fortunately, I was prepared enough to allow the results of the good decisions to be realized. Fortunately, my persistence and patience has been rewarded and my business is doing well.

Scary thought though; had my idea been "not so good" and my decisions less successful, I could very well be writing that I gave it my all and it didn't work out. I am happy that my idea was accepted by the community and my patience has proven my decisions sound, yet the reality of life remains and my patience could have revealed a much less victorious chapter. I guess that applies to most previous chapters, though I'm happy the trend has been broken.

What's next? More decisions, more patience and more progress in the direction I've chosen. I am learning to be more patient. Even the decision process has been slowed and made more deliberate. Perhaps it is my age or many years of experience. Whatever the reason, I have learned to be more patient and know that patience pays when it comes to small business.

Labels: planning, small business, Soky Happenings

This was posted by SoKy : 7:47 AM  0 comments links to this post

Everyone Wants to be an Expert!

expert : ex·pert (ek'sp?rt')
n.

1. A person with a high degree of skill in or knowledge of a certain subject.

As I visit local area businesses in Bowling Green and south central Kentucky, people talk about marketing consultants and advertising representatives at length. Many who read this blog have assumed that I’m some kind of consultant or ad agency, I quickly correct them and explain that I am simply sharing my experience and opinion.

Fact be known, I do offer advice and opinion to local businesses when asked or when the topic comes up, but I do not get paid for it. Sure, I’ve written about advertising, marketing and public relations at length here on this and other blogs, but I am not a paid consultant by any stretch of the imagination.

I did toy with the idea and put together a business concept called Soky Solutions with a very good friend of mine, but due to professional career changes by my friend, we never started the company. I do have a vision, but it would be expensive and complicated and there are enough self proclaimed experts out there already.

This issue was raised recently by a very good friend of mine who publishes a local area phone book. He went on a rant about unqualified individuals who hang a shingle as a marketing and advertising consultant or “expert.” He went on at length about a few people out there who have never owned their own business nor have they ever purchased advertising for themselves. He feels that many of the so called experts out there are woefully unqualified to represent small businesses because they don’t have the experience much less the expertise to do so. I tend to agree.

There appears to be a number of people around who claim to be marketing experts which begs the question, “What makes a marketing expert?” Is it someone who achieved a college degree? Or is it someone who used to be an advertising sales person for one of the area media outlets? Apparently, it takes very little for someone to proclaim to be a marketing expert which once again puts the burden on the small business person to do some due diligence when deciding to trust someone else to handle their marketing dollars.

Some small business people feel overwhelmed with the vast number of advertising representatives who call on them while they are trying to conduct business. Many get frustrated and refuse to listen to opportunities offered, or they are afraid of being “sold” something that may or may not work. I’ve heard a few people say that they wish there was a way to “filter” all of the media reps so they can quickly and intelligently make a decision as to the best method.

The concept of having a qualified person or company to take care of selecting the right media outlets and implementation of a marketing strategy is not so farfetched. It is basically a good idea if you can afford it and if you have found that right person or agency.

The cost: Frankly, it doesn’t surprise me that retaining a good and qualified ad agency is expensive. It should be. The time required to represent a small business, establish a good strategy and then to implement it is exorbitant. That’s why you hired them in the first place. If they are truly taking the time to consider your best interest, then it is and should be expensive.

When my friend and I were brainstorming for the agency, I told him that all clients should be willing to pay a monthly stipend based on the amount of work they expected from us. This price ranged from $500 to $5,000 depending on the needs of the client and their expectations from us. He pushed back and said that small businesses couldn’t afford to pay monthly agency fees as well as pay for advertising to which I replied, “then we need to find the companies who can afford it then don’t we.”

When we considered offering marketing services to outside clients I explained to my friend that we need to do some serious research. We need to find out traffic patterns, demographics, psychographics, as well as negotiated rates with all of the advertising outlets in the market. I said we had about 6 months of real research to perform so when someone entrusted us to answer their questions, we would know the answers.

Some business models for ad agencies don’t expect a monthly fee if you’re spending enough money on advertising. The reason for this is they get a discount from the media outlet and that is their compensation. I don’t agree with this concept for a number of reasons. Typically, people are loyal to those who write the checks. If their income comes from the media instead of the client, then who are they really working for? Another reason I don’t like this concept is the lack of disclosure. How much are these guys actually making? And how much could I be saving if I were doing it myself? These are just a couple of the questions that burn in the mind and tend to tear down good working relationships.

I think that the business should be willing to pay the consultant, but the consultant should be good enough to show savings in excess of what they are being paid. If you were paying me $5,000 per month to take care of your advertising and I showed you that I was able to negotiate discounts resulting in savings on media buys that exceeded that amount, you would actually be saving money by paying me but more importantly, you would have full disclosure and confidence in your decision to retain me. (I use “me” as an example... again, I’m not an ad agency nor a consultant.)

I have seen a couple small businesses in the area who have made the decision to hire a full time marketing person. This is a good concept because it allows the small business person a level of control that is not possible when hiring an agency. The limitation however, is that all of the money spent on the salary is for that one person. When spending the same amount with a good agency, you will retain the skills of graphics, copyrighters, public relations and communication specialists instead of one “affordable” member of staff.

The bottom line is to get to know who your “expert” is. What have they done? Has their experience and background made their clients money? Saved their clients money? Do they even have clients? (grin)

In the end, it comes back to making an informed and intelligent decision, and only one person can make it, you the small business owner. Ask questions and by all means, get references! Call the references and interview the clients. It’s the least you can do when you are considering entrusting someone to spend your money. Choosing wisely can be the best thing that ever happens to your business because it will grow and you will make more money; choosing poorly will waste time, money and cause more work than had you not considered hiring that expert in the first place.

Labels: marketing, planning, small business

This was posted by SoKy : 2:29 AM  0 comments links to this post

I've had many discussions about business plans and the need to spend time creating one. To me, a great business plan is not something that is written and then put in the filing cabinet. A great business plan is part of the everyday course of business; almost like a road map of sorts. An effective business plan can be a touchstone for improving your business even as you conduct business.

An "active business plan" is one that is used as reference; it changes as the needs and capabilities of a business change; it evolves with the company and works to allow the company to grow and be effective. I believe an "active business plan" should include milestones, calendars and methods of measuring the success, profitability and effectiveness of all aspects of the company.

A well developed business plan is much more than a description of a company. It serves as a guide to conducting business and helps the business person explore strengths, weaknesses and opportunities. There are many aspects to an effective business plan and I've posted on this topic many times.

I received a small business newsletter from AT&T today and I followed one of the links. It pointed a new section of their website called "The Watercooler." http://smallbiz.att.com/yourworld/watercooler This section has live, interactive and archived resources for small business people ranging from accounting to marketing and all point in between. On the right side, there is a category of links titled "most popular" and the very first link was to the following article.

How To Develop And Use A Business Plan

A well-prepared business plan is more than a necessary tool to seek funding. It should also be a functional road map for your growth strategy.

For any business to be successful, it must be started and operated with a clear understanding of its customers, its internal strengths, its competitive environment, and a vision of how it will evolve to compete in the future. A business also needs money to start, to operate, and to grow. By expending the effort to develop a comprehensive business plan, you will have a powerful tool for attracting investors. Your business plan is the roadmap for your company. It clearly states where you are, how you got there, and how you plan to proceed.

This Business Builder steps you through the process of developing a comprehensive business plan. Although businesses may vary with regard to the products or services they offer, there are specific elements that a potential investor will look for in any business plan. Therefore, every well thought-out business plan includes a description of products and services, a competitive analysis, a marketing plan, a management plan, and a financial plan. Your business plan will provide you and potential investors or lenders with a clear understanding of your objectives, strategies, and financial viability.
 

What You Should Know Before Getting Started

• Why Write a Business Plan?
• Tips for Creating a Good Business Plan
• Who Should Write Your Business Plan?
• What Lenders Look For

Process for Developing Your Business Plan

• Begin the Plan with a Summary
• Describe Your Company
• Analyze Your Market and Determine Your Strategy
• Describe Your Product/Service and How They are Produced
• Describe Your Management Organization
• Describe Your Operations
• Develop Your Financial Forecast
• Determine Your Proposed Financing
• Outline Your Plan(s) for the Future
• Other Considerations

Your Finished Plan

Your Plan as a Roadmap

Resources

Copyright © 1999-2006 Edward Lowe Foundation. www.edwardlowe.org All rights reserved.

Whole article http://smallbiz.att.com/article/PL20_0200

As I look at how my business has evolved in the past few months, I can see a need to revisit the business plan. It reminds me of all of the times I've written about the importance of keeping the plan current and using it as guidance. Things have been happening very fast in my business, but reading this article and taking a look at my last revision of my older business plan, I can see that I need to give this some time.

Time... that's one of those things it seems we as business people lack the most eh? Well, investing time in planning can actually create time where it didn't exist before. Making the effort to thinks things through, create new processes and discovering ways to delegate, assign or contract areas of need can actually manufacture time.

As my little company grows, the time has never been more right for a comprehensive, detailed and effective business plan. Once the August issue of Soky Happenings is complete, I will be writing out a new "skeleton" from which to start building my new plan. Perhaps I'll share parts of the process without letting any cats out of the bag. (grin)

Labels: planning, small business

This was posted by SoKy : 12:43 PM  0 comments links to this post

Like the dread of lions, tigers and bears in the Wizard of Oz, small business owners face an equally intimidating journey as we consider protecting our intellectual property. Logo's, brand names, tag lines, even processes, layouts and distribution can be protected and made to become part of the equity of the company. Taking the time as well as spending the money can also prevent others from diluting your brand or having your great idea lost to competitors.

The American Heritage Dictionary defines intellectual property as:

intellectual property n.
A product of the intellect that has commercial value, including copyrighted property such as literary or artistic works, and ideational property, such as patents, appellations of origin, business methods, and industrial processes.

I have had many discussions about trademarks over the years with clients, partners and friends. I've always felt that it was important to invest heavily in the branding, graphics, colors and all aspects of corporate identity. I have always checked and double checked name availability with the state, registered trademarks, domain names, copyrights and patents when developing my own brands. Now, I'm facing the need to protect what I have created. The idea of protecting a brand identity with a trademark has always been something I felt was important and, like many small business people, it has always been one of those things that were put off for later.

For me money, or the lack thereof has been the primary reason for not applying for a trademark, patent or copyright. In hindsight I must admit that my 'reason' could have been more costly in the long run than the initial investment. More costly if and when another business person tries to copy my creative work.

Using the TM on a logo.
I have a client who approached me last October with the question about trade marking their logo. They asked many questions and my first point to them was, "I'm not an Intellectual Property Attorney, they are the best source for the correct answers to your questions." I made sure to make it clear that I am not "authorized" nor trained to offer legal advice, all I could do is share my opinion. Once that was clear we continued the discussion. (Note: This blog should not be interpreted as legal advice. I'm not a lawyer nor have I any capacity to offer legal counsel. I am sharing my opinion only.)

This client of mine is through the web company. They have a wonderful brand established and their logo is very unique. They were considering putting the logo on "Trick-or-Treat" bags and wanted to know if they could put a "TM" next to the logo. Again, I reminded them that I was woefully unqualified to answer the question, then I simply asked, "Have you trademarked the logo?"

They explained that they had considered trademarking their logo but the company who offered to do it for them wanted $3,000 for the service. They said because it was so expensive, they decided not to have it trademarked yet. I replied simply, putting the service mark, trademark or reserved sign next to an unregistered logo seems wrong and advised them that I would not do it if it were me.

I'm a simple guy so I typically revert to simplicity when faced with decisions like this. It's not trademarked? Then no, putting the symbol that indicates it is trademarked is wrong. Perhaps I over simplify things but in the end, I hold to my integrity above skirting the fringe. I've been brutally criticized for this, yet I stick to my guns because I seek to do what is right.

Since that time, I have learned that my advise was not entirely accurate. I learned from my most recent research that the use of TM or SM are not so tightly regulated. My client could have used the TM if they wanted. (sorry guys)

When can I use the trademark symbols TM, SM and ®?

Any time you claim rights in a mark, you may use the "TM" (trademark) or "SM" (service mark) designation to alert the public to your claim, regardless of whether you have filed an application with the USPTO. However, you may use the federal registration symbol "®" only after the USPTO actually registers a mark, and not while an application is pending. Also, you may use the registration symbol with the mark only on or in connection with the goods and/or services listed in the federal trademark registration.

http://www.uspto.gov/web/offices/tac/doc/basic/register.htm

Do I "NEED" a lawyer?
I remain convinced that a small business should seek out the services of a good... no... great law firm who will be able to answer questions relating to the many legal issues facing small business. I know, I know, they are expensive and they tend to bring up things we would rather not think about, but in this day and age of "sue first, ask questions later," one would do well to invest in a strong relationship with a good attorney.

TIP: Talk to your peers, networking associates, other small business people, read the local newspaper, Google your local area attorney's names for case files and by all means, conduct interviews with potential attorney's. The goal is to find an affordable yet capable firm that you can work with for years. Look at it like hiring a member of your senior staff, it's that important. Make sure and discuss fees, expectations, parameters and scope of representation. You will be faced with a contract that covers the agreement between you and the law firm, you might even consider having that contract reviewed by another attorney just in case.

NOTE: I have found an attorney that I hope will be the last one I ever have to hire. She is eager and willing to listen. Though my decision is based on a present need, I can see now that having her on the team will be a good thing for my business. Our relationship began after I had accomplished many of the tasks relating to the trademark, copyright and patent work, but she will be on the team should I need to protect my rights.

One more thought about lawyers. I have researched many issues on the Kentucky government website. I have searched for definitions, laws and regulations that apply to my business and that of my clients. I seek diligently to understand what rules affect my business.

Let me tell you, the number of laws on the books just in our great commonwealth are too numerous to count, (though I'm working on that through a database of statutes) and trying to memorize those while conducting day to day business is impossible. Having the dreaded lawyer on the team might hurt financially or even cause more detail oriented work, but in my opinion they are a necessity in this day and age. Consider it at least.

On with the show..........

I registered my first trademark this week.
I was inspired by my own desire to protect a new company and brand as well as a recent article on the front page of the June Entrepreneur Magazine website. ("In the Know" ~ Find out all you can about patents, trademarks and copyrights now--your business will thank you later. Article. ) After investing nearly every waking hour of the past 2 months on a new company, I thought the time is right to make the investment in my own intellectual property.

I had done a little research back in 2004 into trademarking another brand I was interested in protecting. The price was fair but the decision was not mine alone so we did not accomplish it. This time, I didn't have the same influences on the decision in that it was my decision to make.

The starting point, www.uspto.gov. A great site with lots of easy to understand information produced by the United States Patent and Trademark Office. The site is an essential first stop for searches as well as useful tips and guidance. I was able to learn everything I needed to know prior to registering my trademark and finally, apply for the trademark and even pay for it right from the site.

There is a workflow document on the USPTO website that spells out everything you need to know to get through the process yourself. http://www.uspto.gov/web/trademarks/workflow/start.htm

The bottom line: Once I figured out my industry codes, formatted my images and other files properly and found the proper application on the website, I was able to describe, upload and complete the entire application in less than an hour. The final step was to pay for the application and I even received an immediate receipt and guidance for the TM usage. The cost? $2,725 less than my friends were quoted. Yep, only $275 and a couple hours of my day.

I decided to register the logo and word mark and included the tag line of the company. I would have liked to have some counsel to help decide, but sometimes a small business person has to make decisions on their own. I expect that I would have been advised to register several versions but in the name of "budgetary oversight" I opted for a single option that included everything.

Turning to Copyrights
After celebrating my business prowess and ability to register the trademark all on my own, I turned to copyright protection. I read a good deal of advise from the Small Business Administration, online magazines and the official website of the U.S. Copyright Office. www.Copyright.gov The process revealed a number of considerations for my new company and was happy I spent the time on the website.

The basics, simply put and quoted verbatim from that site:

What Is Copyright
Source: http://www.copyright.gov/circs/circ1.html#wci

Copyright is a form of protection provided by the laws of the United States (title 17, U. S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:

• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
• In the case of sound recordings*, to perform the work publicly by means of a digital audio transmission.

In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, Copyright Registration for Works of the Visual Arts.

It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of “fair use,” which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a “compulsory license” under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.

*Note: Sound recordings are defined in the law as “works that result from the fixation of a series of musical, spoken, or other sounds, but not including the sounds accompanying a motion picture or other audiovisual work.” Common examples include recordings of music, drama, or lectures. A sound recording is not the same as a phonorecord. A phonorecord is the physical object in which works of authorship are embodied. The word “phonorecord” includes cassette tapes, CDs, LPs, 45 r.p.m. disks, as well as other formats.

The site helped me prepare for what will likely be a long and busy relationship with that office.

What about patents?
This was another interesting journey! I'm not quite finished with my research as I am waiting for a reply from the office. I would prefer not to get into detail relating to my strategy until my questions are answered and my application submitted.

The official definition of a patent from their website is:

What Is a Patent?

A patent for an invention is the grant of a property right to the inventor, issued by the United States Patent and Trademark Office. Generally, the term of a new patent is 20 years from the date on which the application for the patent was filed in the United States or, in special cases, from the date an earlier related application was filed, subject to the payment of maintenance fees. U.S. patent grants are effective only within the United States, U.S. territories, and U.S. possessions. Under certain circumstances, patent term extensions or adjustments may be available.

The right conferred by the patent grant is, in the language of the statute and of the grant itself, “the right to exclude others from making, using, offering for sale, or selling” the invention in the United States or “importing” the invention into the United States. What is granted is not the right to make, use, offer for sale, sell or import, but the right to exclude others from making, using, offering for sale, selling or importing the invention. Once a patent is issued, the patentee must enforce the patent without aid of the USPTO.

There are three types of patents:

1) Utility patents may be granted to anyone who invents or discovers any new and useful process, machine, article of manufacture, or composition of matter, or any new and useful improvement thereof;

2) Design patents may be granted to anyone who invents a new, original, and ornamental design for an article of manufacture; and

3) Plant patents may be granted to anyone who invents or discovers and asexually reproduces any distinct and new variety of plant.

http://www.uspto.gov/web/offic...

The Entrepreneur Article I cited above offers some simple language and description of how patents can be used to protect the intellectual property of a small business.

In the Know
Find out all you can about patents, trademarks and copyrights now--your business will thank you later.
Entrepreneur Magazine - June 2007

From page two

If you've created a new product, process or machine--or made a significant improvement on one--you might be able to obtain a utility patent, which protects your right to that invention for 20 years from the filing date. A design patent on original ornamental designs for manufactured items gives you 14 years of protection. It takes a long time to get either one, but you can file a provisional application that holds your place in line, in case someone else comes up with the same thing. You can file for a provisional utility patent online, but a provisional design patent has to be done through the mail.

Dreaming up the business is sometimes the easy part.
Creating the elements for branding, marketing and corporate image can be fun and creative. The process of creating the business model, setting accounting structure and even making the business plan can also be exciting as it helps make the dream a reality. Turning to the more intimidating details of patents, trademarks and copyrights can be a path easily avoided because of cost or lack of knowledge. It is part of the process none the less.

Think it through and build the business one brick at a time. This lends well to the advice to write out a comprehensive business plan that can be referred to as you are building. Many plans are created to seek funding, but a comprehensive plan will include a risk analysis, it is this analysis that will help identify any possible exposure to loss through lack of proper protection. I'm not suggesting that you drop everything and work on this exclusively, but start thinking about it, as time and resources allow you can bring it to the front burner, assign staff or contractors and shore up the foundation of your business.

How great is it to come up with a wonderful idea that is embraced by the market and sells well? The disappointment of seeing it taken by someone else is equally powerful but in the opposite direction. I believe a small business person should do what they can to protect their rights to great ideas, products and the associated intellectual property even if they have no desire for a fight... unfortunately, the battle is brought even to a peaceful, happy business. It's the world we live in.

Labels: branding, planning, research, small business

This was posted by SoKy : 2:16 PM  2 comments links to this post

As our efforts continue in creating a new brand for the magazine, re-branding Soky.net and considering the brand for the web development part of our company, I have to remind myself to stick to the fundamentals; stick to the tried and true methods; above all else... keep it simple!

I bookmarked an article on Entrepreneur.com a while back that I have re-read and would like to offer to you.

How to Create a Marketing Plan

What is a marketing plan and why is it so essential to the success of your business? Find out here, in the first section of our comprehensive guide to creating a marketing plan.

Firms that are successful in marketing invariably start with a marketing plan. Large companies have plans with hundreds of pages; small companies can get by with a half-dozen sheets. Put your marketing plan in a three-ring binder. Refer to it at least quarterly, but better yet monthly. Leave a tab for putting in monthly reports on sales/manufacturing; this will allow you to track performance as you follow the plan.

The plan should cover one year. For small companies, this is often the best way to think about marketing. Things change, people leave, markets evolve, customers come and go. Later on we suggest creating a section of your plan that addresses the medium-term future--two to four years down the road. But the bulk of your plan should focus on the coming year.

http://entrepreneur.com/marketing/marketingbasics/...
Source: The Small Business Encyclopedia and Knock-Out Marketing.
Copyright © 2007 Entrepreneur.com, Inc. All rights reserved.

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Ready to get it all down on paper, but not sure where to put it? We'll help you with the format and elements of your marketing plan.

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How to Create a Marketing Plan
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Labels: branding, marketing, planning, small business

This was posted by SoKy : 9:20 AM  0 comments links to this post

I've been a "tentative advocate" of eNews or direct e-mail marketing. Tentative because the temptation to overdo it or to abuse the communications channel exists. Advocate because anytime you can continue communications with your target client, customer, and/or contact you are staying "top of mind" and that's always a good thing.

Anita Campbell of Small Business Trends posted a recent blog that would indicate that not only is sending an e-mail newsletter worth the time and effort, it is also quite effective. She writes:

For the past two years some have been predicting that RSS feeds and spam would kill the email newsletter. However, it appears that email newsletters are alive and well.

In fact, small businesses subscribe to one to five email newsletters. Even more interesting, most actually read — or at least skim — the majority of newsletters they receive.

Read whole blog at Small Business Trends

I have recently finished an e-mail newsletter application for one of my clients and it too seems to be working. I try my best to keep the client down to one mailing per month just so as to not abuse the contact relationship, but I also gave each contact the ability to take themselves off the list.

It's very important these days to maintain a good image, stay in contact but also comply with the new and untested spam laws. Staying true to the spirit of the laws is what works for me. Some simple check points...

• Each contact added to the distribution are known to the business
• When possible, the contact has given permission to add them to the list
• The frequency of the e-mail are kept to a minimum
• The e-mail is brief, to the point and easy to read
• Every e-mail includes a link that allows the recipient to "opt out" of future e-mail
• Each e-mail is sent directly to the recipient (not BCC, or worse, CC to a bulk list)
• Each e-mail includes the contact name, "Dear Mr. Contact"
• Offer unknown web visitors the ability to subscribe to the list using double checks. This means the person can add their own e-mail address but also must activate the account through a link sent to the address to be added
• The information online should be secure so as to not allow the list to be "stolen" by unscrupulous characters

Some would (and have) argued that these safeguards are too stringent and that a business should be allowed to use e-mail in aggressive ways, or that all these safeguards are unnecessary. I disagree. The public image of a small business depends on being respectful to their clients/customers, honoring their privacy, time and attention through infrequent contact, short and sweet letters lends well to conveying respect to the contact. Some of these checkpoints are to comply with legal requirements as well.

I'm glad to read Anita's article that eNews is effective and useful for the small business person. I will continue to develop tools for my business as well as client businesses, to use this resource in effective ways.

Communication is the key! eNews is just one more tool in the ever growing virtual toolbox. It should fit into the overall marketing plan of a business. A plan that is well thought out and with a defined purpose in mind. It should all look and feel the same and all work in concert to accomplish the mission. If it is to sell tickets, travel, services or ideas, eNews can be a useful piece of the communications puzzle.

Labels: branding, e-mail marketing, internet, marketing, planning, small business

This was posted by SoKy : 6:50 AM  0 comments links to this post

This website will be changing!
Yep, I've mentioned it a few times but the time has come. The local business "blog" per se will become a resource center for local area business even so far as listing relevant information for all companies. Members will be able to exchange ideas, information and leads while having access to more information per company. Well... that's the plan.

Sure, I'll continue to express myself and opinions on marketing, branding and small business issues, but it will be done as a sub-section of Soky.biz.

All of my websites are going through a change!
From my personal website at DavidFrancis.org, to my travel website at CarriedAwayVacations.com and all points in between, they are all going to be changing over the next 30-90 days. Soky.net will the first to feel the affects as it moves from a company website to a community portal. I've dreamt about this for a couple of years and the time has come to bring it to pass.

So my fine friends, forgive the sawdust that comes from progress and know that my commitment to the local business community is not waning, it is actually expanding.

Labels: changes, planning, small business, website

This was posted by SoKy : 1:24 PM  0 comments links to this post