Money Rant

By Chet Lawrence

 Trademark law is one of the three branches of Intellectual Property Law. The other branches are Patent Law and Copyright Law.

As an overview, patent law guards new inventions that can be valuable by giving the owner or patentee the right to keep out other individuals from using the said invention in their enterprises. Copyright law, on the other hand, protects the rights of artists for their creation of their works, be it a book, film, or an artwork from any unauthorized imitation of the said work. Copyright law, however, has nothing to do with the idea of the creation or work; it merely protects its expression.

Meanwhile, trademark law protects marks or names that are in connection with the merchandise or product. A trademark can be a word, color, sound, icon, image, phrase, or way of packaging that is acquired and utilized by an organization or corporation for easy recognition of their merchandise and services that will set them apart from other corporations or organizations. Services and not product merchandise, however, are identified by a service mark (which is similar to that of a trademark).

From a historical point of view, trademark law was pioneered by the Englishmen during the 13th century to guard the customers from spurious merchandise. In the late 19th century, the governments of Britain and the United States of America established Trademark agencies that controlled the registration of trademarks.

Basically, trademark law thwarts illegal use of a product-identifying mark or sign and guarantees consumers that the product they are purchasing are made by the same producer and are not poorly manufactured counterfeit products. The law at the same time also promises the producer or manufacturer that imitators will not reap the financial rewards. It also protects the reputation of the real manufacturer.

Trademark fundamentally protects consumers from being duped. It guarantees liberal competition by defending the benevolence of the person or company who possesses the mark. It essentially concerns itself with the buffet of services and commodities.

Trademark law practically has an effect on creative artists as well (writers or authors, designers, etc). It endows creative artists and their business associates broad protections from any unlawful use of a trademark as long as it does not misled the public that the use was endorsed by the owner of the trademark.

Trademark law and the art world connect through titles, trade dress, domain names, literary characters, and mishandling of the name of an author.

Titles are at times protected under unjust competition and trademark laws. It is not protected by the copyright law. Protection of a title is granted when it accomplishes a secondary meaning. Secondary meaning is similar to that of the titles commercial appeal. Titles must also be popularly known to meet the criteria. Usually, titles of series are great trademark contenders. Also, titles in one merchandise can be protected in another type of merchandise. Lastly, one-shot titles are not consequently allowed to trademark protection.

Trade dress, in trademark law, is merchandise’s recognizable image. It is actually the merchandise’s characteristic color, shape, image, packaging, or a combination of these factors that the consumers will easily connect with a certain source.

Domain names are web addresses consigned to certain computers on the internet. These names are extensively utilized by companies in connection with entertainment, information, and publishing. Any use of the domain name without permission is a violation of the trademark right of the owner. Fortunately, current legislations have made battling unlawful trademark users.

In connection with literature, sometimes a story or a novel’s character is so appealing that it actually takes a life of its own outside its original medium. Consequently literary characters may become linked with a certain product. With this occurrence, the literary character can be sheltered by unfair competition and trademark laws, even though it may not protected by copyright anymore.

Trademark law also has sanctions over the mishandling of an author’s name. According to unfair competition laws any author can take legal action against bogus source designation or false advertising if their role to a certain literary piece or work is imprecisely depicted. Another violation of the right of an author is an illegal unauthorized modification of their work.

In a nutshell, the trademark law is concerned about corporate integrity and educated purchasing decisions. It promotes the progress of the society’s economy.

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Taking Customer Service to the Next Level

By Monte Mccarty

 Today I witnessed a customer service miracle in action. I took my son to our local fast food restaurant, so he could have some lunch and play in the indoor playground. While I was waiting for our food to be ready, a woman approached the counter with a crushed Styrofoam cup. She said, “This cup fell off of our table and broke. I need another drink and I need someone to come clean up our table and the floor.” The tone of her voice suggested that somehow the restaurant was responsible for her broken cup. And of course, there was no, “Hey I’m so sorry, one of my horrible children was fooling around and caused you a mess.”

It was then that right before my eyes a customer service miracle occurred. Rather than replying with the same nasty treatment they had just gotten from the customer, the staff quickly gave her a new drink. Then a man appeared with a smile and said, “I would be glad to clean that up for you.” The staff never heard the words “thank you” from that customer, yet they acted as if they had. All were professional and conveyed an attitude that said, “We love having the opportunity to serve each and every person in this restaurant.”

Not surprisingly, the place is almost always busy. The restaurant is clean, the management supports our community with various school spirit fundraising nights, the food is better than most fast food, and most of all, the people that work there make you want to come back.

Watching customer service interaction is my hobby and my work, and today’s experience was a living, breathing example of the 21 Rules for Excellent Retail Customer Service that we share with the participants in our courses. Most of them are not that hard to follow. However, they can be hard to follow consistently.

If you work with customers in retail, take a look at the list and ask yourself how closely you follow the rules.

1. Smile when greeting a customer in person and on the phone (and yes, they can tell if you are smiling over the telephone!).

2. Use age-appropriate greetings, and avoid referring to older customers and women as “guys.”

3. Be proactive and ask how you may be of service.

4. Stay visible and available, but don’t hover.

5. Don’t turn away, walk away, start to make a phone call, or duck beneath the counter as a customer approaches. (We’ve all had it happen to us.)

6. The live customer standing in front of you takes precedence over someone who calls on the phone.

7. Never judge a book by its cover–all customers deserve attention regardless of their age or appearance.

8. Leave food and beverages in the break room.

9. A customer doesn’t want to hear about your upcoming break.

10. Makes any personal calls when you’re on a break and out of earshot.

11. The correct answer is never “I don’t know” unless you add to it, “but I can find out for you.”

12. If a customer wants something that isn’t on display, go to the stock room and try to find it.

13. If the item isn’t in the stock room, offer to call another store or order it.

14. Learn to read body language to see if a customer could use some help.

15. Don’t let chatty customers monopolize your time if others are waiting.

16. Call for backup support if lines are forming.

17. Be discrete if a customer’s credit card is declined by asking if there is another method of payment he or she would like to use.

18. Never discuss customers in front of other customers (they’ll wonder what you’re saying about them once they leave).

19. Inspect merchandise before bagging it to make sure it’s not defective or the wrong size.

20. Make sure customers receive everything they’ve paid for before they leave your store.

21. Smile as you are saying goodbye and encourage the customer to come again.

And here’s one more tip: if you can, give people more than what they expect.

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How to Make Angry Customers Even Angrier

By Monte Mccarty

 Here are 7 common mistakes well-intentioned professionals make when it comes to dealing with unhappy customers. Learn exactly what not to do so that you’re well positioned to completely regain the goodwill of unhappy customers after any service mishap.

1. Telling the customer he or she is wrong. You will be smart to NEVER tell a customer they are wrong or mistaken. Telling a person they are wrong arouses opposition and will make the customer want to battle with you. (Ever tell your spouse they are wrong?) “It is difficult, under even the most benign conditions to change people’s minds.” So why make it harder by starting out on the wrong foot? If you know your customer is wrong, it’s better to start off saying something like, “I thought the contract read otherwise, but let’s take look.”

2. Arguing with a customer. You must realize you cannot win an argument with a customer. Certainly, you can prove your point and even have the last word. You may be right, but as far as changing your customer’s mind is concerned, you will probably be just as futile as if you were wrong. Your goal in complaint situations is to retain the customer, not to be right. If you win the argument, you may very well have lost the customer. Think carefully about the response you want to give and ask yourself, “Is my reaction one that will relieve the problem, or will it just relieve frustration? Will my reaction drive my customer further away? What price will I pay if “I” win the argument?” The only way to get the best of an argument is to avoid it.

3. Telling a customer to calm down. Certainly, there are times when a calm disposition would make every one’s life easier, but telling your customer to calm down is rarely effective. Like you, your customers don’t like to be told what to do. Try this approach instead: “Clearly you’re upset and I want you to know that getting to the bottom of this is just as important to me as it is to you.”

4. Failing to apologize to customers in the wake of problems. One of the easiest and quickest ways to diffuse anger, create rapport, and regain goodwill with unhappy customers is to apologize. Offering an apology to a customer who experiences a problem should be a natural response from customer service providers. Yet, recent research reveals the startling fact that 50% of customers who voice a complaint say they never received an apology.

Not only does an apology give “soft benefits” such as creating calm, shaving minutes off of talk time, less stress on the employee, etc., it can also translate into significant and measurable savings in reduced lawsuits, settlement costs, and defense costs.

An apology does not have to be an admission of fault. It can be offered to express regret. For example, “I’m so sorry for any inconvenience this misunderstanding has caused you.”

5. Escalating voice. Avoid the temptation to yell just because your customer is yelling. You don’t want to get caught up in their drama. Instead, remain centered and calm, relying on your ability to communicate with diplomacy and professionalism.

6. Not allowing the customer to vent. An angry customer can be compared to an erupting volcano. When a volcano is erupting, there is nothing you can do. You can’t tame it, can’t speed it up, and you can’t control it. It must erupt. But erupting volcanoes eventually subside. Your angry customer - who is intensely emotional - is the same way. He must erupt (that is…express his anger through venting). You can’t tame the customer, you must simply let him vent. After briefly venting, most angry customers will begin to calm down. Let your customers vent.

7. Proclaiming to the customer: “This is all I can do.” You are there to help. Give your customer options and look for every way you can help.

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