Is Your Brand Really Yours?
Building a brand takes time, energy, and money. It’s worth all the effort, but if you don’t take steps to protect it legally, all your hard work can be at risk. Even though the name or logo you use might feel like “yours,” it may not be in the eyes of the law if you don’t have proper registration. Many business owners assume that using a brand in public gives them full legal rights. That’s partly true. Like most states, Texas recognizes common-law trademark rights, but those rights are limited. They usually only apply in the local or regional area where the brand is being used and can be difficult to prove or enforce if someone else challenges them. Here’s where things get complicated. If another company registers a similar name or logo at the federal level, they could force you to rebrand or stop selling in certain markets. That means you could potentially lose your website, product packaging, and marketing materials. In the worst case, you could lose all that and be on the receiving end of a lawsuit. Rebranding is expensive, and the longer you’ve been in business, the more it costs to start over. Federal trademark registration through the United States Patent and Trademark Office (USPTO) offers much stronger protection. It gives you a legal presumption of ownership nationwide, helps you enforce your Unregistered Means Unprotected
Over the past few decades, the fear of missing out (FOMO) has become a top sales tactic. When done properly, most people don’t know they’re allowing FOMO to drive their decisions. They think they’re capitalizing on a great promotion while it’s here, but subconsciously, they don’t want to think they missed out on something great or beneficial. Let’s explore three sneaky FOMO strategies that can lead to incredible sales and results. Scarcity You see this often if you try to buy anything in demand from Amazon, Walmart, or other major retailers. They add a running count to the amount of stock left whenever their inventory becomes depleted. You go online to check pricing for something you want, see only three left in stock, and jump on the purchase to ensure you don’t miss out. This works with specific products, availability in workshops, or even a limited number of items you sell at a particular price point. Time-Sensitive Black Friday continues to be a big sales day for big and small retailers, but how do they maintain that consistency? Simply put, people understand that Black Friday is a one-day-only event. They think they won’t get these sales again, even if they aren’t stellar. Mimic this method to get people to act with urgency. Close the Deal When working with a client on the fence, FOMO can be a powerful tactic to help them see clearly why they should make the purchase. Paint a picture of how your product or service could help them. Then, illustrate what could happen if they don’t get the product or service. Could passing on your product now cause future regret? The Wrong Way to Use FOMO FOMO campaigns should be ethical and honest. When done correctly, you remain transparent about sales deadlines, don’t create false scarcity, and provide your customers with value while still hitting your sales goals. However, some business owners use FOMO to pressure buyers into taking action immediately, which is short-sighted. You want your customers to be happy with their purchase instead of wondering why they made it years later. Remember, sales tactics are all about providing continued success, not one-time purchases. When appropriately used, FOMO can help your business reach new levels of success. CREATE THE URGE TO ACT FOMO Tactics That Work
rights in court, and makes it easier to stop copycats before they damage your reputation. You can also use the ® symbol and create a public record that gives you a stronger position for licensing, franchising,
and expanding internationally.
If your brand matters, registration should be part of your long-term
strategy. The best time to file is before you’ve poured significant resources into building brand recognition. A trademark search and application process can help you avoid conflicts and secure your rights.
At Sul Lee Law Firm, we specialize in helping business owners just like you protect what they’ve built. If you’re unsure where your brand stands or whether you need to register, contact our team today to schedule a consultation. We can run the search, file the paperwork, and make sure your business and brand are covered.
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