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Modern Mark Law

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Modern Mark Law

At Modern Mark, we craft legal solutions as unique as your business, because we know - your ambitions demand innovative strategies.

04/19/2023

Saying "no" is one of the most difficult things we, as entrepreneurs, must learn to do.

Because there's always that inherent fear.

If we say "no" to this today, will there be someone to say "yes" to tomorrow?

There will be. Promise.

You know why?

Because you can focus all your positive energy on finding those that are aligned with the way that you do business.

Instead of draining all your energy on those that aren't.

Not too long ago, I got a DM.

It came totally out of nowhere.

Them:
I need to register a trademark. Can you help?

Me:
Probably. Here's the link to my call, let's set something up so that I can learn more.

Them:
NO NO NO. We're not going to do that. I already did everything. I know exactly what I need. You just have to sign the application. 🚩

Me:
I'm not going to do that. I don't even know what kind of search you did, it's probably not even ok.

Them:
*sends me link to the USPTO search function*
I did THE BEST kind of search. 🚩🚩

Me:
*(against my better judgment) goes into a whole thing about how the search they did was probably total crap*

Them:
I’m ok with this… 🚩🚩🚩

Me:
*regretting every word I type* ok, you can sign a waiver, here’s what it’ll cost.

The next morning I wake up to like 6 messages…

Them:
*link 1*
*link 2*
*link 3*
*link 4*
These websites are 2 or 3 times cheaper than what you charge.
Why?
🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩🚩

I wished them good luck and sent them on their merry way.

That didn’t merit a response.

I have 0 time for that.

I’m too busy making real s**t happen for the rest of my clients. 🙌

And that’s what happens when you learn to say “no” to things that don’t serve you.

How do you handle situations like this? I know we all have them.

04/10/2023

$10,050 USD, if we're being specific.

Because I’ve been an IP lawyer for 8 years now

And in that time, I’ve found that when it comes to IP there are mostly two types of entrepreneurs:

1️⃣ 𝙏𝙝𝙚 𝘿𝙂𝘼𝙁𝙨
(a.k.a. those that don’t understand the value of it, and don’t care)

2️⃣ 𝙏𝙝𝙚 𝙤𝙫𝙚𝙧-𝙥𝙧𝙤𝙩𝙚𝙘𝙩𝙞𝙫𝙚 𝙢𝙖𝙢𝙖 𝙗𝙚𝙖𝙧𝙨
(a.k.a. those that understand the value of it, and go nuts over trying to keep it safe)

Neither is productive

But 90% of the time, it’s an “all or nothing” approach 🤷‍♀️

Because once you 𝘳𝘦𝘢𝘭𝘭𝘺 start to think about how much

⌛ time
💰 money
⚡ energy

You’re investing in creating those assets

And once you realize just how much you can do with them

Or rather, how much they can do for you (and your bank account)

It becomes hard not to be crazy over-protective, right?

(I just pictured C*caine Bear. 😂)

But then it becomes my job to step in and… tranquilize you?

(This analogy has clearly gotten away from me)

𝗕𝗲𝗰𝗮𝘂𝘀𝗲 𝘁𝗵𝗲 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝘆𝗼𝘂 𝙏𝙃𝙄𝙉𝙆 𝘆𝗼𝘂 𝗻𝗲𝗲𝗱, 𝗶𝘀𝗻’𝘁 𝗮𝗹𝘄𝗮𝘆𝘀 𝘁𝗵𝗲 𝗽𝗿𝗼𝘁𝗲𝗰𝘁𝗶𝗼𝗻 𝘆𝗼𝘂 𝘼𝘾𝙏𝙐𝘼𝙇𝙇𝙔 𝗻𝗲𝗲𝗱! 🤯

But if you get all hyped up

And start haphazardly securing everything

Instead of looking at your 𝗹𝗼𝗻𝗴-𝘁𝗲𝗿𝗺 𝗽𝗹𝗮𝗻𝘀

And being 𝙨𝙩𝙧𝙖𝙩𝙚𝙜𝙞𝙘 about what’s important to your:

🌟 brand
🌟 growth
🌟 legacy
🌟 impact

And what isn’t…

Then you could be wasting a ton of money

For what?

Got some valuable IP and want to avoid being a c*caine 🐻? 😂

I’ve got 2 spots left in April to talk strategy!

🖐 if you want it.

03/31/2023

Why do we judge?

Because what's on the cover of a book?

The name, the image, the author... the 𝐟𝐢𝐫𝐬𝐭 𝐢𝐦𝐩𝐫𝐞𝐬𝐬𝐢𝐨𝐧 (duh).

𝐖𝐡𝐞𝐧 𝐲𝐨𝐮 𝐥𝐨𝐨𝐤 𝐚𝐭 𝐭𝐡𝐞 𝐜𝐨𝐯𝐞𝐫, 𝐲𝐨𝐮 𝐦𝐚𝐤𝐞 𝐚𝐧 𝒊𝒏𝒔𝒕𝒂𝒏𝒕𝒂𝒏𝒆𝒐𝒖𝒔 𝒋𝒖𝒅𝒈𝒎𝒆𝒏𝒕 𝐚𝐛𝐨𝐮𝐭 𝐢𝐭 𝐚𝐧𝐝 𝐲𝐨𝐮 𝐤𝐧𝐨𝐰 𝐢𝐟 𝐲𝐨𝐮'𝐫𝐞 𝐛𝐮𝐲𝐢𝐧𝐠 𝐭𝐡𝐚𝐭 𝐛𝐨𝐨𝐤.

Same goes for your branding.

Your branding is your book cover! 🤯

When your potential customers and clients first see:
✅ your name
✅ your logo
✅ your socials
✅ your website
✅ your packaging
✅ the overall way you present

All of that? That's your cover!

❓ Is your name memorable?
❓ Is your logo drawing them in?
❓ Does the website speak to your professionalism?
❓ Is your packaging (actual and proverbial) attractive?
❓ Are you a legit brand or are you just playing business?

𝐓𝐡𝐞𝐲'𝐫𝐞 𝐥𝐨𝐨𝐤𝐢𝐧𝐠 𝐚𝐧𝐝 𝐭𝐡𝐞𝐲'𝐫𝐞 𝐣𝐮𝐝𝐠𝐢𝐧𝐠.

🤔 Are they going to take that next step with you?

🤔 Are they buying what you're selling or are they putting you back on the shelf?

What's YOUR branding saying about YOU?

(As an aside, can we just take a second to acknowledge the f*cking genius that is Jessica Walter's stank face? May she RIP 😭😭😭)

03/22/2023

If I had $10 for every time someone came to me AFTER someone else has beat them to the punch...

I'd be sipping mango mojitos on a beach right now and 𝐍𝐎𝐓 writing this post.

Yeah, I’m feeling extra 🌶 this Monday afternoon because this issue has come up for yet another trusting entrepreneur.

Here’s an example of the types of DMs I get AT LEAST 1-2x a month (for the last 5 years):

“𝘏𝘦𝘺 𝘝𝘪𝘤𝘬𝘺. 𝘐’𝘷𝘦 𝘣𝘦𝘦𝘯 𝘶𝘴𝘪𝘯𝘨 𝘟𝘠𝘡 𝘧𝘰𝘳 𝘮𝘺 𝘣𝘶𝘴𝘪𝘯𝘦𝘴𝘴 𝘯𝘢𝘮𝘦 𝘧𝘰𝘳 𝘵𝘩𝘦 𝘭𝘢𝘴𝘵 3 𝘺𝘦𝘢𝘳𝘴. 𝘐 𝘫𝘶𝘴𝘵 𝘧𝘰𝘶𝘯𝘥 𝘰𝘶𝘵 𝘵𝘩𝘢𝘵 𝘴𝘰𝘮𝘦𝘰𝘯𝘦 𝘢𝘱𝘱𝘭𝘪𝘦𝘥 𝘵𝘰 𝘳𝘦𝘨𝘪𝘴𝘵𝘦𝘳 𝘟𝘠𝘡. 𝘊𝘢𝘯 𝘵𝘩𝘦𝘺 𝘥𝘰 𝘵𝘩𝘢𝘵 𝘪𝘧 𝘐 𝘸𝘢𝘴 𝘧𝘪𝘳𝘴𝘵? 𝘞𝘩𝘢𝘵 𝘤𝘢𝘯 𝘐 𝘥𝘰?”

The short answer?
😕 That sucks.
😕 They can.
😕 You’re gonna have to duke it out… and it’s gonna be expensive and unpleasant.

And if you’re sitting here today

Reading this post

And you’re getting an uneasy pit in your stomach 🤢

Because you’re thinking about all the times you’ve 𝘛𝘏𝘖𝘜𝘎𝘏𝘛 about how unique and valuable your name or logo or tagline is 🤔

And how much it would 𝐒𝐔𝐂𝐊 if someone came along and started using something similar 😩

But then for one reason or another, you chose to do 𝐍𝐎𝐓𝐇𝐈𝐍𝐆 about it… 😑

Then you have 2 options today:

1️⃣ You can hide from this unfortunate reality, AGAIN… and we can (maybe) deal with it if/when it happens (because it’s truly a gamble, some people are fine, others not so much.)

2️⃣ You can unclench your jaw (or whatever else you clenched reading this), put on your big business-owner pants, and we can talk about what we can do to PROACTIVELY ensure that you do not have to worry about being in this situation.

I feel like this is an obvious choice, but I’ve been wrong once (ok, maybe twice) in my life. 🤷‍♀️

03/20/2023

𝐒𝐭𝐢𝐥𝐥 𝐮𝐬𝐢𝐧𝐠 𝐭𝐡𝐞 ™ 𝐬𝐲𝐦𝐛𝐨𝐥 𝐨𝐧 𝐲𝐨𝐮𝐫 𝐦𝐨𝐬𝐭 𝐯𝐚𝐥𝐮𝐚𝐛𝐥𝐞 𝐭𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤𝐬?

Here's the only thing you're getting out of it:

You've put the world on notice that you're reserving common law rights to your name, logo, or tagline.

The thing about common law rights, though?

They exist only in the geographic areas where the mark is being used.

"Oh Vicky" you're thinking, "I'm all good... I operate ONLINE. I'm EVERYWHERE!" 🙌

Except that the archaic trademark law doesn't agree. WOMP WOMP.

It's 2023, so you'd think they'd catch up by now?

But no.

You'd have to demonstrate that you have significant ties to a state in order to establish rights there. 😑

And then you'd have to do that in every other state. 😩

𝐀 𝐫𝐞𝐠𝐢𝐬𝐭𝐞𝐫𝐞𝐝 𝐭𝐫𝐚𝐝𝐞𝐦𝐚𝐫𝐤, 𝐨𝐧 𝐭𝐡𝐞 𝐨𝐭𝐡𝐞𝐫 𝐡𝐚𝐧𝐝, 𝐠𝐢𝐯𝐞𝐬 𝐲𝐨𝐮 𝐞𝐱𝐜𝐥𝐮𝐬𝐢𝐯𝐞, 𝐍𝐀𝐓𝐈𝐎𝐍𝐖𝐈𝐃𝐄 𝐫𝐢𝐠𝐡𝐭𝐬 𝐭𝐨 𝐲𝐨𝐮𝐫 𝐧𝐚𝐦𝐞, 𝐥𝐨𝐠𝐨, 𝐨𝐫 𝐭𝐚𝐠𝐥𝐢𝐧𝐞.

And the ability to exclude others from using something similar!

Pretty... pretty good, eh?

So, if you 𝑹𝑬𝑨𝑳𝑳𝒀 love your name, logo, or tagline, it might be time to drop the ™.

Think you might be ready to upgrade to an ®?

DM me, let's talk about it!

03/14/2023

📢 YOU are NOT a cookie cutter brand.

📢 YOU are unique.

📢 YOU are looking to stand out, NOT to blend in.

Which means that generic advice that's splattered all over the internet may be wholly inapplicable (or even detrimental) to you.

So, next time you're thinking about falling down the social media/Google rabbit hole, please remember this:

It's HIGHLY UNLIKELY that there is a "one size fits all" solution to your very specific problem.

And even when your problem seems general, I promise you, there is ALWAYS nuance.

This is especially true when it comes to your intellectual property.

Everyone and their mom is out there screaming: "if you've got a trademarkable/ copyrightable asset, just register it!"

This isn't just an over-simplification of a complicated legal issue, but sometimes this seemingly innocent advice is DEAD WRONG!

(Just ask all the people whose trademarks/ copyrights I refused to register 😉).

So if you're thinking of blindly following the masses, then maybe it'll work out well for you?

Maybe it has for your competitors?

Or other random brands?

But then maybe it won't? 🤷‍♀️

At best you'll lose out on your time and money.

At worst, you can sabotage your brand growth... or find yourself on the receiving end of a cease and desist. 😩

If you didn't get into business to commoditize yourself, then stop seeking out commoditized solutions!

Agree or disagree?

03/08/2023

I don’t need a special month, or even a special day to shout out, elevate, and empower all the incredible ladies in my life.

That’s something I’m committed to doing 365 days/year.

BUUUUT since they’ve calendared this very special day for us – let’s get into it, shall we?

Now, I’m not going to call out anyone in particular - that list is long.

But if you’re reading this today and in this crazy journey of entrepreneurship, mom life, and just life life, you’ve ever…

❤ Supported me
❤ Challenged me
❤ Laughed with me (or at me, I’m ok with that)
❤ Kept me sane (the jury is still out on this one)

If you’ve ever commiserated with me over our shared love of memes, or 90s pop culture, or trashy reality TV…

If you’ve listened to me complain about the USPTO, or work, or parenting two small kids, or why I can’t find any current information online about Jonathan Taylor Thomas…

If you’ve celebrated my successes…

If you’ve picked me up after my failures (figuratively and some of you, literally)…

If you’ve inspired me with your strength, your courage, your kindness, your compassion, your absolute genius, and your overall awesomeness…

I’m so incredibly grateful to have you in my life.

Whether you’re family, a friend, a coach, a mentor, a teacher, a colleague, a client, or just someone I’ve met along the way – you’ve had an impact on the person I am today.

Thank you. Today and every day. Here’s to you! I love you and I’ll never stop celebrating you. 👏

01/17/2023

But Vicky, aren't they one and the same? 🧐

I know some people use these terms interchangeably, but I think they’re pretty different.

You can agree or disagree - but for me, a business is a one off thing. It can be a way to make a quick buck, or it can be a recurring source of income, but it’s mostly not a forever thing.

Why?

Because one wrong move on your part, one bad actor, or even market fluctuations, which are outside of our own control and that business can be done. Yes, even if you've taken steps to protect it.

Brands, on the other hand, can, for the most part, withstand all that.

Brands are living, breathing, and evolving things because brands are built on consumer love, trust, and loyalty – these are the things that not only make for repeat customers, but it’s also the thing that gets people shouting about you from the rooftops, right?

If you learn by example, then take Marie Forleo.

💁‍♀️ Do her courses get bad reviews? I’m sure they do!
💁‍♀️ Is there intense competition in her niche? Uh, yes, very much so.
💁‍♀️ Has she had products that flopped? Most likely.

But, recession, pandemic, apocalypse - is her brand still raking 7-8 figures annually?

I don’t have access to her bank account, but I can say with a fairly high degree of certainty that the answer is a big resounding, YES!

Are people still talking about how much her B-SCHOOL course helped them when they were starting out? Absolutely, I see it all the time and if you’re in the online space, you probably do too.

So that's the goal, friends. BRAND > BUSINESS, all day, every day.

So now, a very loaded question: how do we build THAT brand?

How do we get to the point where our clients and customers love, trust, and are loyal to us - no matter what?

What do YOU think it takes?

12/28/2022

Entrepreneurship isn’t for the faint of heart. No doubt about it, despite the highlights and the “made a million from my bathtub!” posts, you got this.

We are resourceful. We find ways to get it done.

We take the road less traveled.

While you’re forging your own way, make sure that legacy is secure. You’re not doing yourself any favors thinking that your IP can’t it shouldn’t be secured because “we are all on a journey.”

More on my thoughts about why I feel it’s a limiting belief later, but for now just encouraging you to keep going!

If you need some help on the way with your legacy building, I have a free guide that tells you all the things you need to get started. Drop an ME, some comment, emoji - pick you favorite - in the comments and I will get the link over to you!

Address

1401 Lake Plaza Drive, Suite 200/Office #183
Spring, TX
77389

Opening Hours

Monday	9:30am - 5:30pm
Tuesday	9:30am - 5:30pm
Wednesday	9:30am - 5:30pm
Thursday	9:30am - 5:30pm
Friday	9:30am - 3:30pm

Telephone

+12812978849

Website

http://www.modernmarklaw.com/

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