I can across this blog by Alison Green called 'Ask a Manager' which has great advice covering people in a job, applying for a job and those managing people.

So if you're not sure what the hell your manager is thinking, or how to ask for a raise, or whether you might be in danger of getting fired, or how to act in a second interview ... ask away.

Check out the blog here

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Praise is one of the most readily available, yet under-used HR approaches in a manager’s toolkit. It is often said that ‘praise is a far more powerful motivator than pay’. This is interesting, as a study across multiple organisations (Rewick & Lawler), ranked praise 15th as a staff motivator, behind pay (ranked 12th). Although praise has potential to be a
top motivator, it clearly is not being done effectively.

Ask any manager and they likely will say that they praise staff well, because it seems so simple. But like all managerial behaviours, we need to practice and refine what we do.
If done well, praise can do far more than build motivation. A recent report by the National Institute for Health and Clinical Excellence (UK) has stated that necessary levels of praise are required for workplace mental well-being. This is key to achieving high employee engagement and positive workplaces.

So, what is a good starting point for making PRAISE effective? Here is a mnemonic to help you:

Purposeful - Tie the praise you give to a behaviour or change that you would like the staff member to make. Don’t just say ‘well done’ at the end of the day. Make what you say specific such as ‘Thanks for completing the report on time as it really helped me get the numbers that I needed”.

Real - Be authentic. Give praise in a way that makes you feel comfortable and sounds genuine.

Active - Just Do It! Give praise at every opportunity. Forget about the ‘sandwich principle’. We need to give 5 positive comments to every 1 negative comment with all employees.

Individual - Make sure you tailor praise to the individual. Not everyone wants to have their work announced at a team meeting. Recognise good work in a way that it will be received as praise. It is about ‘them’, not you.

Straight away - The closer you give praise to the time that the great outcome/behaviour occurred, the more powerful. Don’t wait until end-of-month meetings.
Evaluate - Check what you say is being received as praise. Just because you intend it that way, does not mean that it is effective. Remember each individual has different preferences.

How do you praise your staff?

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Identifying the types of Registrable Intellectual Property (“IP”):

Trade Marks – protect the special “signs” used to identify your business from others and are split into 45 categories for different types of goods and services, to allow the same sign to be used in different industries.  “Signs” are extensive and can include words, letters, numbers, phrases, logo’s, images, packaging (and combinations of those) plus colours, sounds, smells, shapes and “movable” items (holograms & actions).

Designs – protect the overall look and appearance of an item that makes it stand out from others – the new and distinctive features of that product make it unique and can include special stylisation or patterns or features including shapes and layouts.

Patents– protect the function of an invention (device and substance) or a mode or method of doing something if it is new, inventive and not a logical step in the industry eg Machines & Pharmaceuitcals;

You also have legal rights such as keeping your business “trade secrets”, know-how and confidential information by using Confidentiality Agreements and Contracts.  If you use third party contracts to “create” your work then you should also make sure a written assignment is given to you so you own the Copyright!

You also have legal responsibilities, for example if you are trading as anything other than your legal name eg Jane Smithson who wants to trade as a Retailer, eg Jane’s Special Shop – then Jane must have a business name for “Jane’s Special Shop” which is registered with the Department of Fair Trading or equivalent in your State and you must display that Certificate in your place of trade. 

There are also Company Names which are names used for businesses set up as a company as the legal entity – these are usually identified as “Jane’s Special Shop Pty Ltd” and have an ACN allocated to it.  If Jane wanted to drop the “Pty Ltd” in her trading name – then she needs a Business Name as well.  Business Names and Company Names do not give you exclusive rights to the name, it is just a compulsory administrative step so consumers can find out who is behind that business or company.

Trade Marks are the only way you can get “ownership” of your names – don’t be fooled into thinking Company, Business or Domain Names give you exclusive rights – they are just administrative systems to find out who is behind a business or an alpha numerical website address!

Examples of different types of IP

Looking around your office or desk as you read this article – you should be able to see 5 or 6 different forms of IP protection – for example:

• Your coffee cup may have a slogan or logo on it (Trade Marks);
• The shape of that cup or perhaps your chair, desk or computer mouse might also be protected (as a shape Trade Mark and/or a Design);
• Your computer equipment and software (including the operating functions) will most certainly be protected by a number of methods (Patents and possibly Computer Circuit Layouts); and
• The books, manuals, brochures, pictures  and even website you are looking at are also protected (by Copyright which is an automatic protection).

As you can see from the above, it can be a mind boggling experience to keep ahead of all the different forms that can affect your business and you may be sitting on large IP portfolio!

Using the proper symbols - how you can tell your competitors to leave your IP alone?

® and ™ are used to identify Trade Marks, you should only ever use ® to show a registered Trade Mark, that is after the Certificate has been issued or you can face criminal charges (for fraud) and be liable for a $6,600 fine for misusing that symbol! On the other hand, ™ can be used at any time (even after registration), usually in the upper right hand corner of the Trade Mark and is used to tell your competitors you are using that mark as a special sign in your business. 

© is used to show original works that claim Copyright – this is automatic and does not need the symbol but if you choose to apply to your works then it is often featured at the foot of the page in this format “© Jane Doe 2010” being © (Name of Creator) (Year)

There is no recognised symbol for Designs or Patents, but statements of “Patent No ___ Australia” or “Provisional Patent No ___ Australia” or “PCT Patent No ___” which ever is relevant and for Designs - use “Protected by Design Registration No ____ Australia” should be used to identify your registrations!

If you have any questions, Mark Your Territory™ offers 30 minute complimentary consultations to talk about general issues.  Call during office hours on 9980 8282 to book in.

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1. Why Do Small Businesses need Trade Mark Protection?

Setting up a business can be a very exciting time but it can also scary at the same time! You might have heard of horror stories of businesses being told to change their name or stop trading.  By exploring the benefits of Trade Mark registration, you can see how trade mark can become a business asset, potentially saving you thousands of dollars and NOT letting your brand be stolen.

Starting a business and creating your new “brand” can cost money. Engaging a Graphic Designer to make you a fabulous logo, buying a domain name, setting up a web site so you can be found, getting business cards and brochures printed and starting to market your business to the world.   Sounds familiar - right? Those costs all add up, your business is now an investment.

But how do you protect your “investment”? This is not just the dollars spent in the set up process but also the blood, sweat and tears setting up your brand. How do you stop your rivals and competitors from “ripping off your idea”?  How do you ensure that someone else isn’t going to come along and make you change your name? How do you OWN your brand? 

 The only solution is to secure trade mark protection for your brand

 What is a Trade Mark?

 A trade mark is a sign that is used in trade to help separate your business from other businesses.  This can include your name, logo, tag line or slogan, packaging, colours, shapes, sounds or scents if they are unique to your business.   

 Trade Mark Registration gives you exclusive rights for your brand in your nominated classes of goods and services for your business (which are broken into 45 categories).  Trade Marks can be obtained in as little as 7.5 months (if no problems are raised) and can be renewed every 10 years once registered – so it is vital to think about protecting your brands before you start your business so others can not steal your name or your branding ideas!

 Why do I need a trade mark?

 Trade Marks are not compulsory and are often forgotten about when setting up a business but this is the only way that you can get your name protected and stop others from copying your name/brand.

 Many businesses are under the misunderstanding that they are using their own name, or have a registered business, company or domain name that they “own” the name.  This is wrong!  A trade mark is the only way you can get monopoly, proprietary rights to a name and stop others from copying you! Here is an example of a real business affected by trade mark actions:

 v   Katy Perry (Katheryn Hudson) v Katie Perry (July 2009) – the US singer recently tried to tell the Aussie fashion designer to stop using Katie’s own legal name for her clothing range.  Thankfully Katie had lodged a trade mark and it was almost registered which helped defeat the singers claim! The singer’s lawyers were also pressuring Katie to sign away her rights but thankfully Katie got help and fought back and won!  If Katie had not had a trade mark that was almost registered, her case might have turned out differently. In cases like this – it comes down to a fight of “who used it first” or what is happening more and more - who has the more money to fight it out!

 I’d recommend a Trade Mark Search at the pre-launch stage of any new business not just to protect your band but to make sure you are not infringing on any other brand.  If your new name is too close to another traders you not only have to start your business again but this is a mistake that can cost you thousands of dollars.

 Trade Marks can save you how much?

You can attempt to lodge your own Trade Mark online for as little as $370 per class although it is always best to leave it to the professionals to make sure you are properly protected.  You could obtain a Registration that is valid for 10 years, in one class for as little as $1,290 (assuming no objections or oppositions were lodged). 

When you weigh up the possible costs incurred if you were SUED including the other party’s costs if they are successful, it could cost you up to $200,000 in legal and associated costs .

I hope the above has shown you Trade Mark protection is not just reserved for those multi-national companies, it is for all businesses, small & big - that want to gain an asset and stop others stealing your brands.  So if you are ready to protect your brand – consult your Trade Mark Attorney today.

Mark Your Territory™ is the brain child of Rebecca Stalenberg, who is a Registered Trade Mark Attorney and Solicitor (NSW & Federal Courts). Rebecca has 10 years experience in the Legal Industry and realises clients need practical legal advice without all the "legal jargon".

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