Making it Happen
Lynnelle Bianco Lynnelle Bianco is the owner of BoldVision Consulting. She has more than 25 years experience as a leader in sales, marketing, client service and in the effective planning and execution of strategic plans and projects.

Blog Index
May 10, 2006
To Small for a Trademark?

For all you small business owners out there, have you considered trademarking the name of your business? How about your logo? Yes? No?

Well I did a while back, but didn’t think there was a need to. I’m such a small business. Here I am in Maine, small business consultant, a nice web presence, a few small clients out of state in my home state of Texas – but no big brand and no plans to slap my logo on products or billboards across the country.

Well here’s a lesson for all of you who have invested in a business; the name, the logo, the domain name, marketing material and web presence. Last week I received a Cease and Desist letter from an IP (that’s Intellectual Property… I didn’t know that either.) attorney in Ohio. Yes, there’s an IT (That’s Information Technology…. I did know that.) in Columbus, Ohio with the business name Bold Vision, LLC. In 2003 they trademarked the name Bold Vision under the business consulting service category.

After some review it appears this company is not a general business consultant at all, but specializes in technology consulting helping companies organize, manage and process information more effectively and efficiently across their business; not at all what my business, Bold Vision Consulting, does. But, their attorney says that doesn’t matter. The Ohio company has the Federal Trademark, Bold Vision, and controls its use for anything to do with “business consulting”.

So, my choice is to:

A) Change the name of my business which means:
• Find another name that represents my work, my values, my views and …yes, the VISION of my business as well as Bold Vision.
• Redesign and re print every piece of marketing collateral I’ve created in the last year (and PAY for all this redesign and reprinting) Oh, this includes the website AND finding a new domain name - which means the new company name has to be an unregistered as a domain name also.
• How about every article I’ve ever written and published? Every article out there has Bold Vision noted in the by line. This BLOG is just one place where you can find my articles. I’ve also submitted articles for publication on various business sites and in newsletters here and there, so technically, I’ll have to remove the “Bold Vision” from these publications also… after I track them all down.
• And, get this – I’ll have to remove any reference to Bold Vision in any meta tag or search term from any website, newsletter or e-copy associated with my business.

Or

B) Respond to the attorney’s letter with an alternative view / plan / suggestion, which means:
Find a lawyer who is experienced in IP law, hire them to review the situation and write the response.
Wait for the Ohio attorney’s response to the response.
Decide whether to respond to the response to the response and…. well you get it. $$$$

I’ll keep you posted on this saga, but my point is: Your small business is still a BUSINESS. Run your small business like a business and make business decisions like a business person. It matters. I’ve learned a lesson.

However, on the good side – my marketing and Promotion Action Plan work is working! They found me in Ohio and I’ve got them concerned and a little scared. Not much consolation to the expense I’ll likely incur and the pain of dealing with this mess. However, it is a (very thin) silver lining in the dark cloud.

Until next time, I'm gonna Be BOLD. No matter what my business is called, I know it's all about RESULTS and it all starts with a vision.

On June 8 Bold Vision Consulting will begin offering the 12-week course “Promotion Action Plan - Attract More Clients With Less Effort by Becoming Recognized as an Expert in Your Field” exclusively for Professionals whose business is their expertise. Independent Service Professionals interested in more information please email info@boldvisionconsulting.com.

In June, Bold Vision Business Intensive program will be launched. The Business Intensive program is a series of 8 90-minute classes. Two programs will be launched; one that will meet in person (South Portland, ME) and one that meets via teleconference. For more information send an email to info@boldvisionconsulting.com.

Posted by Lynnelle Bianco at 07:04 PM

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Comments

Lynnelle, thanks for the head's up on this important issue. I've known several people who have experienced the shock of hearing that they do not own their business name. I hope there's a reasonable solution for you.

Posted by Barbara
May 11, 2006 09:30 AM

Lynnelle,

You're right. Trademarks and your name are very important part of your business. Unfortunately, some don't realize it until they get a cease and desist letter.

I'm sure you'll find a solution to your case.

You can take a look at the Ohio company's TM Registration here: http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=76385704

Good luck.

Posted by AB
May 11, 2006 11:21 AM

Lynelle-

If you have been using your name Bold Vision since before October 15, 2001 (and can prove it), I would suggest that you actually spend the money to defend your use and, perhaps, seek to cancel the OH registration of BOLD VISION.

Assuming you were using your name before the other company, your chances of success would be very good.

If you need additional information, let me know.

Posted by Mathew Lombard
May 17, 2006 10:43 AM

What would be the proper steps?Should I pay for a search before the registar my company name?

Posted by nancy
May 19, 2006 07:37 AM

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