Trademark Bullying - My challenge as a Small Business Owner

(Part 1)

During Women’s History Month, we tell women to “Own Your Story”, “Tell Your Story.” I even have a keynote about this very specific topic. So, how could I not tell my story about how I was bullied in my own business - not by a colleague, an employee, or another business partner. Here is where all the lessons I've learned in my 26-year corporate career were laid out on my home office desk. My ‘show up’ was more important than ever, not just for me, but for all the others that look like me.

Never in a million years would I think that as a small, minority, black-owned business, I would deal with being bullied, harassed, and insulted by another organization. There are things that we deal with as small business owners that some people are unaware of. Adding the layer of being a black woman, dealing with others who see me as a threat versus a business owner, is quite frankly exhausting.

Asking, “Why me?” is a constant question that plays on a loop in my head. The whole concept of imposter syndrome floated around. I then said, “Why not me?” Maybe I am the one who must bring this to light. I have a powerful voice; now is the time to use it.

I had the most significant test this year since becoming a corporate world dropout four years ago. I dealt with DEI, -isms, emotional intelligence, leadership, and my corporate leadership experience all wrapped up in one year.

I quickly learned that as a small business run by a black woman, “they” are getting worried. Who are they? They are organizations using outdated professional leadership methods defined by white men who check the box on diversity, equity, and inclusion. They bully and harass their way through and hope we will back down because we are a “small business.”

Last year, I received a letter from another organization’s General Counsel nonchalantly requesting me to remove a common English word?from my business name. They implied that they had exclusive rights to use the word in our industry, but a quick internet search showed dozens of other businesses using it.?According to them, this would take minimal effort on my part to remove the word and continue business as usual. Are you aware of the steps to remove (change) your business name and the efforts one must take to ensure the rebrand is done efficiently and without disrupting your client relationships? It can be grueling!

This issue quickly became a learning experience for me. Here is a very brief background of some of what I learned about legal protections for your business name and your trademarks.

First and foremost, as a business owner, if you want to protect your intellectual property or business name, I highly recommend hiring a trademark lawyer. They can advise you about the different rights involved. For example, if you use a word, name, or design to designate the services or products you offer so that the public will know they come from you, you immediately begin to acquire trademark rights to that term. The problem is, if someone else started using a similar term before you did, they may have their own rights that take priority over yours. A trademark lawyer can help evaluate whether you may face those issues before you invest too much in promoting a particular mark.??

If you think your mark is clear, you may want to register it, which can give you additional protections. To do so, you must submit a trademark application to the United States Trademark and Patent Office (USTPO) which identifies your particular mark and describes the specific goods or services on which you are using it or intend to use it. I did this back in the summer of 2021. There are steps and processes that your trademark lawyer will guide you through. I passed all the check marks and requirements, and my application was approved by the USPTO, but that’s not the end of the process. Once approved, your application is published, and 30 days are provided for other organizations to oppose your trademark application. Thirty days doesn’t sound like a long time, but anyone who may want to object can get extensions of that time, up to another 90 days, without your consent.?

During this period, instead of submitting an official opposition, an opposing organization can contact the owner of the trademark application directly to try to negotiate “business owner to business owner.” This is what happened to me. My original lawyer, a woman of color, told me that since I didn’t pay for this?opposition service?upfront and her heavy client load, she couldn’t help me. This was disheartening. She was mad because the organization didn’t contact her first. She suggested I submit a letter myself to the General Counsel, or she could do it for a mere $1,800. I had already paid to submit the original application and the process that goes with that – but anything after that…nope – more money! Honestly, I wasn’t aware that such things could take place. Lesson learned on that one.

I was hurt and disappointed, as I purposely chose a trademark lawyer who was a woman of color because I wanted to support someone who looked like me. Because of this, how I vet and hire vendors and contractors has changed going forward. I try to support individuals who look like me or a small business, but that vetting process has also changed.

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Stay tuned for Part 2!