Does your company management get excited about "best practices"? In theory, as all of the organization's employees work at their jobs, some of them are bound to discover better ways of doing things. A smart organization will have a way to detect these better ideas and spread them throughout the organization.
This energizes executives. They see a continually improving organization, one in which the next boost in the productivity of one department or job function may come from another branch thousands of miles away, or from an entirely different department.
Unfortunately, many companies don't apply best practices to collecting and spreading best practices! They botch the job again and again, alienating everyone who is supposed to apply the best practices along the way.
It's easy to tell when that's happening. When management announces training, or new policies, on a recently discovered "best practice," do employees groan and start thinking about how to waste as little time as possible on this latest fad?
Are the front lines receptive, ready for an injection of ideas and new energy that will contribute to the company's success? Or are they resistant, making your latest "best practices" initiative just one more energy drain, one more distraction from their "real" jobs?
If "best practices" don't get much of a reception in your organization, don't blame the employees! It's more likely the system for transferring best practices from one region or department to others is not working very well.
And that's probably because you forgot the basics:
1.You didn't really start with a best practice! Maybe good initial results within one region aren't really due to the new practice, and won't hold up. If you rush to judgment based on early, incomplete data, you'll have everybody else adopting the new practice just about the time you discover that it doesn't work.
2.You tend to get all your great ideas from just a few regions or divisions. The rest of the company gets tired of always implementing suggestions from the favored few, and they'll automatically resist the next ideas that they know come from your favorite market, department, or vice-president!
3.You were too optimistic about how widely you could extend the practice. Sometimes the principles that work well in one division or region don't work in another. You need to seriously examine the "local" conditions of a given region or department before you assume the new practice can be productive there.
4.You turned a "bottom up" approach into a highly authoritarian "top down" approach. Management churns out "best practice" orders without attempting to get any buy-in from the employees who will apply them. And sometimes they "improve" the original practices to the point where they don't even work in the region or department that invented them in the first place!
5.You didn't make careful, well-designed employee communications the centerpiece of your efforts to spread the best practice. The biggest reason that best practices don't take root is poor communication. You expected employees to embrace the idea without proper positioning, explanation, and follow through. You didn't sell the ideas, and present the rewards and benefits that the new practices would bring to the employees (not just to the company).
There is a cure for most of these problems: patience. Few of these newly discovered best practices are so remarkable that they will transform your organization's fortunes overnight. You can afford the time to thoroughly understand these practices, truly measure how well they work, and to communicate them effectively to other employees.
Best practices can contribute to your success -- but only if you apply the best possible practices for collecting, communicating, and nurturing them throughout your company.
(c) copyright 2007 Will Kenny
Best Practices In Development
Well, not exactly.
Being "original", insofar as the Lanham Act and the United States Patent and Trademark Office (USPTO) is concerned, is a dicey proposition. You can't be too descriptive. You can't be confusing. In fact, the only surefire way to guarantee a successful registration is to completely make something up. For instance, naming your product "xchgyif" would make you fly through the registration process. But as a practical pointer, you'd likely want a product name your non-Slavic customers could actually pronounce.
The key is finding that fine middle ground where originality meets function.
Being too descriptive: Your trademark idea can't be "merely descriptive". For instance, you can't trademark the term "brown shirt" if you are selling brown shirts (now, if you've associated "brown shirt" with, say, kitty litter, you may have a shot - more on that in a later article). Your name must be unique and distinguish your product from someone else's. Once you find that unique name, the next thing you have to do is find out whether it's 1) already registered, or 2) already in use in commerce. That's where a professional trademark search usually comes in handy. Prior use, registered or not, comes in both identical and substantially similar forms. Identical is easy - you simply cannot just rip off someone else's established mark. Substantial similarity is where the shoulder meets the curb.
Being too confusing: If your mark is too substantially similar to an already existing mark, you run the risk of rejection by the USPTO. Minor differences tend to be insufficient to pass muster. As an example, simply changing the name of your business by one letter is not enough to establish sufficient originality (for instance, the business name for a collegiate apparel store such as "fanz zone" cannot be registered because "fan zone" already is). It takes more than a single letter to ward off the evil spirits of substantial similarity. This can also apply to drawings (which is the USPTO's fancy lingo for a logo), but less so than word-based marks. Making a drawing unique is much easier as variations can be relatively infinite. Color and design differences figure into the equation when discussing the originality of drawings.
As a practical business matter, it is important to ensure that your trademark, whether it's a name or a drawing, is both nondescript and non-confusing. For some very good and economic reasons, every new business should take time to establish a legally workable business name or brand name. Prudently, this determination should be made before major resources are expended creating a brand that can later be legally pulled out from under your business. It would be quite the financial setback to have spent millions of dollars (or euros) creating goodwill and positive name recognition to only have a federal court issue an injunction and order the payment of damages for your past use of another entity's mark. Not only are you out of your mark, you are also likely out substantial sums in legal fees.
Both Will Kenny & Nathan Moore are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
Nathan Moore has sinced written about articles on various topics from Patent and Trademark, Legal Matters and Politics. This helpful article is provided by Nathan Moore, proprietor of MooreTrademarks.com, and a practicing attorney admitted to the Tennessee bar, the United States District. Nathan Moore's top article generates over 8100 views. Bookmark Nathan Moore to your Favourites.
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