Membership Doesn't Cost, It Pays Active members of NCALC/DLI make more money than non-members because: THEY ARE TUNED IN TO COSTLY PITFALLS · Heads up email alerts warning about unserviceable garments help them catch potential problems before they occur. · DLI's garment analysis service provides expert testimony if garments are mislabeled by the manufacturer. · DLI's technical bulletins and Encyclopedia of Drycleaning provide a ready resource to research any problem or procedure. · DLI's toll free Hot Line provides ready access to assistance with any technical question. · Information in Fabricare magazine and Carolina Clean keep them updated on regulatory changes. THEY OPERATE THEIR BUSINESSES MORE PROFESSIONALLY AND PROFITABLY · Management and Operational Bulletins from DLI. · Management and Operational Seminars and Classes from NCALC and DLI hone their and their staff's skills. · Networking with other professional cleaners and entrepreneurs never fails to yield good ideas to increase sales, productivity and profitability. · They save money by utilizing NCALC and DLI endorsed business insurance, credit card processing, bad check collection and payroll processing programs. The simple fact is cleaners who take advantage of membership in their national and state associations have access to the combined knowledge and experience of all those who have gone before them, survived past recessions and will survive this one as well. The best part is "There are no secrets you just have to look for them in the right places." I am always dismayed when I talk to a new entrepreneur with no experience in the industry who has just invested their family fortune, golden parachute or taken out a second mortgage on their house to buy a struggling or failed operation, start-up package or franchise tells me, "I don't have the money to go to DLI and learn how to clean, spot and press, and/or you don't understand I was an executive with XYZ, my strength is management. I'll hire people to do the work." It's futile to tell them that the owner/operator of a small business must wear all the hats and it certainly helps to know how to do all the functions e.g. customer service, cleaning, spotting, finishing, marking-in, assembly, equipment maintenance, that are necessary to produce a quality product in a timely fashion. There's no better place to gain this knowledge than from DLI/NCALC staff and programs and fellow members of your professional trade associations. Likewise your professional trade associations need you. We are your voice with legislators and regulators but our voice is only as loud as our membership numbers and financial support. We need you because of the different perspective you bring to the discussion. Sometimes it's hard to see the forest for the trees when you've been in the woods for a while. Different perspectives and new ideas expand everyone's horizons. We all need to ask why not? Because we need you and we believe you need us, NCALC and our allied trades partners have develop a New Member Rewards Package worth over $2,000.00 in goods and services. If you join NCALC/DLI (yes, it is a joint membership) now you will receive: · A FREE FULL REGISTRATION to our 104th Annual Convention Memorial Day Weekend at the Sheraton, Atlantic Beach, N.C. A full registration includes three evening meals and social events, a reception, two continental breakfast, Allied Trades Table Top Exhibits, break refreshments, and six hours of management information. We have three nationally known experts booked as presenters so far. Attorney Frank Kollman from Baltimore, MD, columnist for the National Closeline who will bring us up to date on OSHA's upcoming onslaught on small businesses; John Zimmerman, CEO of eRocketFuel.com a website and social network marketing guru from Chicago and Bill Fisher DLI CEO. · A FREE ENVIRONMENTAL COMPLIANCE INSPECTION of your plant by an environmental consultant, who grew up in the drycleaning business, is a CED (Certified Environmental Drycleaner) and registered geologist. · A FREE PLANT EQUIPMENT MAINTENANCE INSPECTION including an oil change for your air compressor and check to verify that all your steam traps are working properly. · A FREE REGISTRATION to a NCALC sponsored operational training class. We have a drycleaning finishing class scheduled for Saturday, March 27th in Fayetteville, N.C. · Discounts and free supplies from our Allied Trades Partner. GOODS AND SERVICES WORTH MORE THAN YOUR 1ST YEARS DUES. The Spring of Hope Dear fellow drycleaners, Boy, has winter got it's grips on all of us. Rain, snow, sleet, and ice almost every day. It comes from the north, south, east and west from the mountains to the coast. Soon I believe the dirty sweaters; coats and outerwear will make their way to your plant. March is just around the corner. The spring-cleaning will soon appear. Now is the time to get your equipment in good working order. You may find that our allied trade members can help make this fine-tuning a little easier. With equipment repairs to pads and covers they are just a phone call away. Be sure to look in this bulletin for help with these things. NCALC has been busy working on your convention. It will be at the Atlantic Beach Sheraton, Memorial Day weekend. Please mark your calendar for this one because we have signed some very interesting speakers, who are nationally recognized and are traveling across the country to be with us. More info is in this newsletter so read all of it. NCALC is a hard working low paid group of volunteers. Our members donate a lot of time and money to help this industry of ours. In this mixed economy we need your financial support. This comes by joining, donating, pledging, volunteering, or becoming active with us. Coming to our 104th convention is a great way to help our association and yourself as well. For those who have never been plan for it this year. We also need your legislative pledge to help with this effort. Just being a part of NCALC makes for a great impact in our business. Please use the membership application and/or the legislative/regulatory pledge form in this newsletter and don't overlook the finishing seminar in Fayetteville on March 27. There is a registration form enclosed with this issue. Sincerely Simon Vick President Member Matters Our deepest sympathy go out to David Wells, Medlin Davis Cleaners, Raleigh, son of Mary Wells, One Hour Koretizing in Rocky Mount in the untimely loss of David's wife Elizabeth. Our heartfelt sympathy also goes out to NCALC Executive Director Emeritus Sunny Smith Houchens in the recent loss of her husband Bill. Sunny will be returning to Cary to be near her daughters Susan, Carol and Pat and grandchildren. Ken and David Farrington's mother Julia is recovering from a recent fall. Mildred Williams, Williams Cleaners in Wilmington is recovering nicely from a recent surprise heart attack and some minor repairs. Eddie Stephenson, Highland Cleaners, Fayetteville is scheduled for some minor repairs at Duke Hospital in Durham February 17th. We wish him a speedy recovery. Congratulations to Jeff and Chad Cowell, sons of Gloria and Keith Cowell, Cowell's Cleaners in New Bern on their recent engagements. The word is out. Republican Jeff Miller, Miller's Fine Drycleaning in Hendersonville has thrown his hat into the ring in hopes of unseating the Democratic incumbent congressman in the November election. Check him out at www.jeffmiller2010.com. (Enter website address in address bar. If you Google it you may get one of the other Jeff Millers already in Congress.) NCALC is a family that cares about each other. Let the office know about your joy, sorrows, accomplishments, adventures and achievements so we can share them. New and Renewing Members New Members David Makepeace Medlin Davis Cleaners Raleigh Renewing Members Rich Volk Bowen Cleaners Greenville Edward Strange Imperial Cleaners Inc. Rocky Mount Allan Cheatham Shallotte Dry Cleaners Inc. Shallotte Eliza Burrett Burnetts Sanitary Cleaners Greensboro Chun Tok Yi Lake Jeanette Cleaners Greensboro Membership Pays Active members of NCALC/DLI make more money than non-members because: THEY ARE TUNED IN TO COSTLY PITFALLS · Heads up email alerts warning about unserviceable garments help them catch potential problems before they occur. · DLI's garment analysis service provides expert testimony if garments are mislabeled by the manufacturer. · DLI's technical bulletins and Encyclopedia of Drycleaning provide a ready resource to research any problem or procedure. · DLI's toll free Hot Line provides ready access to assistance with any technical question. · Information in Fabricare magazine and Carolina Clean keep them updated on regulatory changes. THEY OPERATE THEIR BUSINESSES MORE PROFESSIONALLY AND PROFITABLY · Management and Operational Bulletins from DLI. · Management and Operational Seminars and Classes from NCALC and DLI hone their and their staff's skills. · Networking with other professional cleaners and entrepreneurs never fails to yield good ideas to increase sales, productivity and profitability. · They save money by utilizing NCALC and DLI endorsed business insurance, credit card processing, bad check collection and payroll processing programs. The simple fact is cleaners who take advantage of membership in their national and state associations have access to the combined knowledge and experience of all those who have gone before them, survived past recessions and will survive this one as well. The best part is "There are no secrets you just have to look for them in the right places." I am always dismayed when I talk to a new entrepreneur with no experience in the industry who has just invested their family fortune, golden parachute or taken out a second mortgage on their house to buy a struggling or failed operation, start-up package or franchise tells me, "I don't have the money to go to DLI and learn how to clean, spot and press, and/or you don't understand I was an executive with XYZ, my strength is management. I'll hire people to do the work." It's futile to tell them that the owner/operator of a small business must wear all the hats and it certainly helps to know how to do all the functions e.g. customer service, cleaning, spotting, finishing, marking-in, assembly, equipment maintenance, that are necessary to produce a quality product in a timely fashion. There's no better place to gain this knowledge than from DLI/NCALC staff and programs and fellow members of your professional trade associations. Likewise your professional trade associations need you. We are your voice with legislators and regulators but our voice is only as loud as our membership numbers and financial support. We need you because of the different perspective you bring to the discussion. Sometimes it's hard to see the forest for the trees when you've been in the woods for a while. Different perspectives and new ideas expand everyone's horizons. We all need to ask why not? Because we need you and we believe you need us, NCALC and our allied trades partners have develop a New Member Rewards Package worth over $2,000.00 in goods and services. If you join NCALC/DLI (yes, it is a joint membership) now you will receive: · A FREE FULL REGISTRATION to our 104th Annual Convention Memorial Day Weekend at the Sheraton, Atlantic Beach, N.C. A full registration includes three evening meals and social events, a reception, two continental breakfast, Allied Trades Table Top Exhibits, break refreshments, and six hours of management information. We have three nationally known experts booked as presenters so far. Attorney Frank Kollman from Baltimore, MD, columnist for the National Closeline who will bring us up to date on OSHA's upcoming onslaught on small businesses; John Zimmerman, CEO of eRocketFuel.com a website and social network marketing guru from Chicago and Bill Fisher DLI CEO. · A FREE ENVIRONMENTAL COMPLIANCE INSPECTION of your plant by an environmental consultant, who grew up in the drycleaning business, is a CED (Certified Environmental Drycleaner) and registered geologist. · A FREE PLANT EQUIPMENT MAINTENANCE INSPECTION including an oil change for your air compressor and check to verify that all your steam traps are working properly. · A FREE REGISTRATION to a NCALC sponsored operational training class. We have a drycleaning finishing class scheduled for Saturday, March 27th in Fayetteville, N.C. · Discounts and free supplies from our Allied Trades Partner. GOODS AND SERVICES WORTH MORE THAN YOUR 1ST YEARS DUES. Thank You from the Staff Jill and I would like to thank all of you for remembering us at Christmas and for your cooperation and support throughout the year. It is an honor and a privilege to work for you and our industry. We wish you all a prosperous 2010. Sto The Blizzard of 2010 Snow in the west, ice in the east and some of both in the piedmont put a cramp in our business in and NCALC operations late January and early February, forcing NCALC to reschedule our January 30th Board and Committee meetings for February 20th and delaying the publication of this newsletter. None of us can do anything about the weather except deal with it. NCALC'S 104TH ANNUAL CONVENTION MEMORIAL DAY WEEKEND · MAY 28TH, 29TH, 30TH SHERATON ATLANTIC BEACH, N.C. A WORLD RENOWNED FAMILY AND BUSINESS ORIENTED SPRING BREAK COMBINING WORLD CLASS EDUCATIONAL OPPORTUNITIES Frank Kollman, Attorney at Law and National Clothesline Columnist specializing in OSHA and other Employer/Employee Relations will enlighten us on what to expect as the Department of Labor increases OSHA inspections, fines and a harder line during settlement discussions under the current Administration. Frank and his wife will be spending the weekend with us. John Zimmerman, CEO of eRocketFuel.com, a Chicago based Social Media Marketing Agency (Websites, Facebook, Twitter) will explain social networking sites and how you can use them to gain customers and profit. John was born in North Carolina and is a graduate of UNC-CH. He and his wife and daughter will be spending the weekend with us. Bill Fisher, CEO of DLI, will also be on hand for the weekend debuting a new presentation he is preparing for us entitled "How to get the most out of your membership in DLI." How member cleaners are maximizing the return on their dues by utilizing DLI products and services to maximize their professionalism and profit. Dryclean Dave - Dave Sillimon, DLI President, Uptown Cleaners, Scottsdale Arizona will be back to share more stories of the hardships of living in the desert, dealing with Spot Check, five children and more embarrassing times with your ED (that's me). THERE IS MORE TO COME BUT THE DEALS ARE NOT DONE. LOOK FOR A FINAL LINE UP IN THE APRIL ISSUE OF CAROLINA CLEAN. ALLIED TRADES TABLE TOP EXHIBITS FAMILY FRIENDLY SOCIAL AFFAIRS FRIDAY NIGHT Mardi Gras in May. Cajun Style Seafood Feast Silent Auction SATURDAY NIGHT Hawaiian Luau. Caribbean Ribs, Steel Drummer Music by-Dave Overby-The Bopper Silent Auction SUNDAY NIGHT YOUNG CLEANERS PARTY Pizza and Chicken Fingers, Games, Movies and Adult Supervision PRESIDENT RECEPTION-Host Bar ANNUAL BANQUET-Filet, Beauford Chicken or Vegetarian Dryclean Dave-Installation of Officers and Director's LIVE AUCTION FREE TIME TO ENJOY THE SUN, POOL, AND BEACH NOON-6:00PM SATURDAY AND SUNDAY LODGING is available in the Convention Hotel Sheraton Atlantic Beach Oceanfront Hotel www.sheratonatlanticbeach.com $169.00/night (2 queen beds) Rates good before and after convention 72 hour Cancellation Policy RESERVATION DEADLINE APRIL 28, 2010 CALL GROUP RESERVATION-800-214-0258-MON-FRI 9:00AM-5:00PM GROUP NAME: N.C. Association of Launderers and Cleaners OR Island Beach and Racquet Club (Next Door) 2 and 3 Bedroom Privately Owned Condo's (rates vary) Oceanfront and Sound side (less expensive) Tennis Courts and Pool/Clean-up included CALL OCEAN RESORTS 800-682-3702 MON-FRI 9:00AM-5:00PM Ask for Special Rates for Drycleaners Group You will have access to parking, pool, beach, private pier at Sheraton as Conference Attendee. CLAE 2010 Meeting Wrapup David Cotter of the Textile Care Allied Trades Association was elected president of the Cleaning and Laundry Association Executives at the January 6-9 meeting in Clearwater Beach, Fl. Other officers elected are Nathan Carlson, California Cleaners Association, vice president; Kenney Slatten, Western States Drycleaners & Launderers Association, secretary; and Carol Memberg, Pennsylvania and Delaware Cleaners Association, treasurer. The meeting focused on ways to help association members survive difficult economic times, including providing marketing ideas for them. Other discussions centered on budgeting, updating and modernizing recruitment and publications, cost saving methods, leveraging new technology, meeting planning, member services and suggestions for enhancing association value. Some of the publications and recruitment material was downloaded on to flash drives that were distributed at the meeting. CLAE members who paid their annual dues but were unable to attend will also receive the drive. The next CLAE meeting will be January 6-9, 2011, in Scottsdale, AZ, in the hope of finding warmer weather. 2009 Legislative/Regulatory Fund Honor Roll ACW Management Corp-High Point $1,500.00 Asheville Cleaners-Asheville $500.00 Best Cleaners-Raleigh $200.00 Botek (Bob Smart)-Durham $250.00 Brier Creek Cleaners-Raleigh $200.00 Brock's Cleaners-Hendersonville $1,000.00 City Dry Cleaners-Lumberton $500.00 Clayton Village Cleaners LLC-Clayton $200.00 David's Cleaners, Inc.-Winston Salem $500.00 Dry Clean Express-Sanford $200.00 Executive Cleaners-Durham $200.00 Glam-O-Rama-Raleigh $200.00 HC and JH LLC-Joe Herndon-Raleigh $500.00 HSIA-Arlington, V.A. $1,000.00 H&S Cleaners-Durham $200.00 Honeycutt Cleaners-Raleigh $300.00 J.S. Cleanrite Cleaners Inc-Clayton $200.00 Jones Dry Cleaning-Charlotte $1,400.00 Koretizing Cleaners-Durham $100.00 Kwon's Dry Cleaners-Cary $200.00 Lee Cleaners-Durham $200.00 Magic Cleaners-Lincolnton $200.00 Master Kleen-Mike Brown-Greensboro $200.00 McPherson Cleaners, Inc.-Burlington $250.00 Medlin-Davis Cleaners-Raleigh $500.00 NS Farrington & Co-Winston Salem $290.00 Nuway Cleaners-Bayard Crumpton-Roxboro $500.00 One Hour Koretizing-Fayetteville $500.00 Peggy's Cleaners-Raleigh $200.00 Perfect Image Cleaners-Chapel Hill $200.00 Phenix Supply-Columbia, S.C. $1,000.00 Plaza Dry Cleaners-Chapel Hill $500.00 Premier Drycleaning-Greensboro $100.00 Pro Cleaners-Raleigh $200.00 Quality Choice Cleaners-Mebane $200.00 Quality Cleaners-Hickory $200.00 Regency and White Star Cleaners-Durham $1,500.00 Southern Cleaners-Jacksonville $1,000.00 Springfresh Cleaners-Charlotte $200.00 Swannanoa Laundry, Inc-Asheville $750.00 The Valet Cleaners, Inc.-Southern Pines $200.00 Vick's Cleaners-Kinston $750.00 Williamson Cleaners-Wilson $250.00 Williamston Cleaners - Williamston $500.00 TOTAL $19,740.00 What You Missed from DLI If You're Not a Member NCALC mails this Newsletter to all member and non-member cleaners in North Carolina because we want you to know what's going on that affects your business and what your state and national associations are doing to protect you and your business. Carolina Clean is fundamentally a newsletter. NCALC maintains a small office in Greensboro staffed by a part-time executive director and part-time administrative assistant who coordinate and/or perform the functions necessary to produce this newsletter, arrange board meetings, in-plant training classes, the Annual Convention and state level legislative/regulatory activities. Our national partner, The Drycleaning and Laundry Institute (DLI) based in Laurel, M.D. just outside of Washington, D.C. occupies a 20,000 square foot facility containing Textile Testing and Garment Analysis Laboratories, classrooms, a training and testing plant equipped with state of the art drycleaning (utilizing multiple solvents), wetcleaning, laundry and finishing equipment and employs a staff of 19 full-time and 2 part-time professionals who test, teach, produce technical bulletins, e-mail alerts, and a bi-monthly Journal of technical and management information for our joint members. They also provide Toll-Free consulting and assistance to members, Legislative and Regulatory liaison and representation at the federal and state level on industry specific issues; speakers and trainers for classes, seminars and conventions in cooperation with NCALC and other state and regional associations and dues billing, collection, accounting, and membership records keeping for affiliated associations like NCALC. If you are not a member of NCALC/DLI you are not getting the benefit of the Technical and Business Management Expertise and Information provided by DLI. · HEADS UP FOR THIS GARMENT E-mail alerts on problem garments received from member cleaners that could not be satisfactorily processed by the manufacturer's recommended care method. · Toll Free Hotline assistance with an ink or lipstick load, stain removal problem, equipment malfunction, an inquiry from a local TV or newspaper reporter or surprise OSHA inspection. · Laboratory Analysis of a garment that was damaged when processed in accordance with the manufacturer's instructions that are recognized by the BBB and most Small Claim Courts. · A steady flow of technical and management information in "Fabricare" Magazine, DLI's bi-monthly journal only members receive. In the last issue you missed: ARTICLES ON BUSINESS MANAGEMENT · A mathematical analysis of the effect of price cutting on profit · Using your POS system, automated telephone and/or email systems, sorting conveyors, automated piece counters and baggers to promote, maximize efficiency and profit · Using social media (Facebook, Twitter, Myspace, LinkedIn, blogs and websites) To Market Your Business · How to get started on Facebook · Have you checked out customer comments about you on Superpages.com® BULLETINS ENCLOSED IN THE JOURNAL · Problem Garment - Talbot's All Weather Coat · Problems with buttons (in English/Korean/Spanish) · Shirt Interfacing Distortion (in English/Korean/Spanish) · The importance of Adequate Solvent Levels in the drycleaning machine (in preventing redeposition and damage to solvent pump) · Importance of a drug- and alcohol-free workplace policy (a sample policy you can use) · OSHA Blood-Borne Pathogen Standars Requirements in the workplace · OSHA Lockout/Tagout Program Requirements Protect Your Intellectual Property Rights TRADEMARK PROTECTION NCALC members, like all businesses, should make careful plans to identify, clear, and protect trademarks in a way that creates business assets and avoids legal difficulties. This article is meant to help your business achieve those goals. Trademarks Defined A trademark is a name or symbol that identifies and distinguishes the products of a person or business. A service mark fulfills the same function for services as opposed to products. The business name of a launderer or cleaner will also serve as its service mark since the name identifies a particular source of cleaning services. In addition to its business name, a cleaning business may also have a graphic design mark - sometimes integrated with the name - or a slogan ("we provide prompt delivery") that qualifies for service mark protection. Legal Protection of Trademarks Generally speaking, a company's service marks are legally protected from encroachment by a competing business if either (1) the mark in question is "distinctive" and the company was the first to publicly use the mark - or anything "confusingly similar" - in connection with services like that of the company within the company's geographic market; or (2) the mark in question is "merely descriptive" rather than "distinctive," but the mark has "acquired distinctiveness" over time because the company has used the mark exclusively for such a period of time, and with such a level of success, that consumers in its market associate the mark with a particular business. There is an important distinction in the availability of legal protection between a "distinctive" mark and one that is "merely descriptive." A "merely descriptive" service mark is one that directly describes the nature of a company's services, their intended effect, or their qualities. Business names that are "primarily merely surnames," such as "Johnson's Cleaners," are also considered merely descriptive. Most small businesses adopt descriptive names. By doing so, however, they are taking a risk. Companies that continue to use their descriptive names exclusively for a period of time until they establish a loyal base of customers will ultimately have some legal protection. However, if a competing company adopts the same or a very similar descriptive name before the original company's name has become known among consumers in the community, the original company likely will not be able to legally preclude the competitor from using the name. To avoid this risk, those opening a new business would be well advised to adopt a "distinctive" name. Distinctive names give their owners immediate legal protection from the first date of public use. A distinctive mark can be "suggestive," meaning it suggests some quality of the owner's services without directly describing them. For instance, a group of North Carolina cleaning services operates under the federally registered service mark "A Cleaner World(r)." While this name certainly is appropriate for a cleaning service, it suggests but does not directly describe the services on offer. Less commonly, a distinctive mark can also be "arbitrary" or "fanciful." For instance, "Apple(r)" for consumer electronics is arbitrary because the word has nothing to do with the products and "Exxon(r)" is fanciful because it is a made up word. Clearance of Trademarks Since a company can obtain "automatic" trademark rights by being the first to do business with a particular distinctive name in a market, it stands to reason that if your company opens shop in the same area as someone already using the same service mark, you are likely to receive a mean letter from an attorney or a summons and complaint from the trademark owner. To avoid this, it is important for you to conduct a thorough trademark search before adopting a new name or service mark. The search will need to determine whether someone else is already using the same or a similar name, in connection with similar services, in your market area and in any area into which you plan to expand in the future. The search also needs to identify whether someone has already registered the mark or a similar one at the state level in any state of interest or at the federal level. Companies that do not perform a proper search sometimes get lucky, but many end up losing business goodwill, spending substantial sums defending litigation, and having to change their signs, advertisements, websites, directory listings, and more. You may believe your "search" duties are satisfied because you were advised by the secretary of state's office that the corporate name is available. Don't be fooled. The corporations department of the North Carolina Secretary of State does not adjudicate trademark availability - it only determines whether someone else has the exact same corporate name. The secretary of state's office cannot tell, for instance, whether someone is operating under an "assumed name" that is different from their personal or corporate name; whether another company's name is "confusingly similar" to your proposed name but still different enough to allow a new corporate name to exist; or whether someone from out of state has a federally registered trademark that is confusingly similar to your proposed name. Trademark Registrations Once you have cleared and adopted a service mark, you should consider whether to register the mark at the state or federal level. Although a company has "common law" rights that can be enforced in court simply by being the first to adopt and use a distinctive mark (or one that has acquired distinctiveness), registrations can confer substantial benefits. The most important benefit of a federal registration, for instance, is that it can extend the "priority" rights of a trademark owner beyond the limits of its own market penetration throughout the entire country. Thus, for instance, a company that opens a business in Wake County but hopes to eventually franchise the business or open new locations in New Hanover County, or in South Carolina or Virginia can only protect the name in markets where it is not operating if it has a federal trademark registration. Another benefit of the federal trademark registration process is the ability to reserve rights in a name before publicly using it through an "Intent-to-Use" federal trademark application. Suppose you have come up with a great name for your cleaning business but you will not be able to open the business for 6 months or a year. You can preserve rights in your chosen name during the interim by filing a federal trademark application, and stating that you intend to use the mark in connection with your business in the future. Assuming the U.S. Patent and Trademark Office accepts your application, the rights you obtain from a successful "Intent-to-Use" federal trademark registration exist - and cut off any rights of others - from the date you filed your application. If you have limited funds or you plan to continue doing business within your current market area, a state trademark registration with the North Carolina Secretary of State can be worthwhile. The certificate of registration serves as proof of your trademark rights, and makes a very useful attachment to your attorney's "cease and desist" letter to the competitor who was caught infringing upon your trademark rights. Preserving Trademark Rights In order to preserve trademark rights, you should follow some simple rules. First, you should not allow any third party to use your mark in connection with your company's business unless you first enter into a proper license agreement with quality controls. Your trademark is a signal to consumers of the quality and consumer service associated with your business - anyone else allowed to use it must be required to live up to your standards. Trademark owners can lose their legal protection if they allow others to use the mark without requiring them to comply with satisfactory quality controls. Second, particularly if you have a trademark registration, you must continue to use the same mark you originally adopted. Alterations in the mark, if they are deemed "material," can lead to loss of rights. Third, it is best to use a trademark or service mark as an adjective, not a noun. It is proper usage generally to say FIDOS dog food, not just FIDOS. Fourth, you should use the ® symbol after your mark ONLY if the mark is registered at the federal level. A mark that is registered at the state level, that is the subject of a pending federal registration application that has not yet been granted, or that is not registered should be identified by the (tm) symbol for a trademark or the SM symbol for a service mark. Fifth, if you have trademark registrations at the state or federal level, periodic filings are required to keep the registrations in force. For instance, a filing is required at the federal level between the 5th and 6th years after the registration was issued, then between the 9th and 10th years, and then every 10 years thereafter. Finally, you should take appropriate efforts to "police" the mark. Watch your competitors and take note if it appears that someone is profiting from use of your mark or one that is confusingly similar to yours. You may be able to stop this infringement with a firmly worded letter from your attorney. If you are aware that someone is infringing your rights and you do nothing about it for a substantial period of time, it is possible you could be deemed to have "abandoned" your trademark and lost the ability to enforce your rights. NCALC would like to express its appreciation to Eric for contributing this article to Carolina Clean. Eric Stevens is a partner at PoynerSpruill LLC in Raleigh. He focuses his practice on intellectual property and can be reached at 919-783-1017. DRYCLEANING FINISHING CLASS Al's Glam O Rama 401 Hope Mills Road Fayetteville, N.C. 28304 SATURDAY, MARCH 27th 9:00am-3:30pm LUNCH PROVIDED Give your drycleaning finishing crew a spring tune-up with SANDRA HARALSON One of the industries best and most experienced in-plant consultant and trainers. Sandra began her career in drycleaning at age 17 on a press and worked her way up to in-plant consulting and training. She has done it, can still do it and show your finishers how to do it correctly and efficiently. She will increase your finisher's quality and productivity. The last time we were able to secure Sandra for a finishing class in North Carolina the student's comments told the tale: "I've attended several finishing classes and I've learned more this time." "Everything I thought I knew was wrong. Thank you." "I learned a lot of ways to do my job better and turn out quality garments." "I got a lot of great ideas." "The course was very helpful, apparently I wasn't trained correctly." "We would like to do this again. The class was great." Sandy's style is to describe the quality points on a garment, take the students to the finishing unit and demonstrate the proper and most productive way to finish the garment then have the students practice the techniques under her watchful eye. Due to the hands-on nature of this training CLASS SIZE IS LIMITED TO 16 STUDENTS. COST IS: NCALC/DLI MEMBER NON MEMBER 1st Student 129.00 $179.00 Additional Students $99.00 $129.00 CLASS SCHEDULE 8:30-9:00am Check in 9:00am-Noon PANTS, BLAZERS, SKIRTS, SWEATERS Noon-12:30pm Lunch provided on site 12:30-2:30pm BLOUSES, DRESSES, TIES, PLEATS 2:30-3:30pm SPECIAL HELP WITH PROBLEM GARMENTS YOU BRING TO CLASS NCALC RESERVES THE RIGHT TO CANCEL THIS CLASS IF WE HAVE NOT RECEIVED 10 REGISTRATIONS BY 5:00PM, WEDNESDAY, MARCH 24TH. NCALC MEMBERSHIP BENEFITS · PREMIUM SAVINGS WITH IWA FABRICARE INSURANCE PROGRAM Buildings, Equipment, Inventory, Unlimited Bailee, Damage in Processing, Mysterious Disappearance, Boiler, Workers Compensation, Auto available direct or through your local insurance agent · Up to 14% savings on Credit Card Processing from Payment Processing Consultants · Free bad check collection service from Check Collection & Recovery · Special pricing (10% discount), no setup fee, and no charge for first month's payroll processing services from ADP · Representation in Raleigh with Legislators and Regulators by NCALC's Lawyer/Lobbyist · Statewide training program from NCALC: · Drycleaning · EPA / OSHA / MMP compliance · Drycleaning Finishing · Professional wetcleaning · Spotting · Equipment maintenance · Customer service · Access to the services of an active or retired cleaner to act as your mentor · 6 bi-monthly newsletters with info about what's going on in North Carolina: · Legislative and regulatory issues · Seminars, classes and meetings · NCALC's annual convention · Operational / compliance / management issues · Cleaning industry news · Association activities · Family-friendly Annual Convention on Memorial Day Weekend at the coast featuring top national speakers and opportunities to network with other cleaners · Opportunities to participate in the state association through service on a committee and/or the Board of Directors and to network with other cleaners · Executive Director (who is a drycleaner) who will help you find the information or answers you need. Return to Carolina Clean Index Return to NCALC Homepage Copyright: NCALC 2010

Membership Doesn't Cost, It Pays

Active members of NCALC/DLI make more money than non-members because:

THEY ARE TUNED IN TO COSTLY PITFALLS

· Heads up email alerts warning about unserviceable garments help them catch potential problems before they occur.

· DLI's garment analysis service provides expert testimony if garments are mislabeled by the manufacturer.

· DLI's technical bulletins and Encyclopedia of Drycleaning provide a ready resource to research any problem or procedure.

· DLI's toll free Hot Line provides ready access to assistance with any technical question.

· Information in Fabricare magazine and Carolina Clean keep them updated on regulatory changes.

THEY OPERATE THEIR BUSINESSES MORE PROFESSIONALLY AND PROFITABLY

· Management and Operational Bulletins from DLI.

· Management and Operational Seminars and Classes from NCALC and DLI hone their and their staff's skills.

· Networking with other professional cleaners and entrepreneurs never fails to yield good ideas to increase sales, productivity and profitability.

· They save money by utilizing NCALC and DLI endorsed business insurance, credit card processing, bad check collection and payroll processing programs.

The simple fact is cleaners who take advantage of membership in their national and state associations have access to the combined knowledge and experience of all those who have gone before them, survived past recessions and will survive this one as well. The best part is "There are no secrets you just have to look for them in the right places."

I am always dismayed when I talk to a new entrepreneur with no experience in the industry who has just invested their family fortune, golden parachute or taken out a second mortgage on their house to buy a struggling or failed operation, start-up package or franchise tells me, "I don't have the money to go to DLI and learn how to clean, spot and press, and/or you don't understand I was an executive with XYZ, my strength is management. I'll hire people to do the work." It's futile to tell them that the owner/operator of a small business must wear all the hats and it certainly helps to know how to do all the functions e.g. customer service, cleaning, spotting, finishing, marking-in, assembly, equipment maintenance, that are necessary to produce a quality product in a timely fashion. There's no better place to gain this knowledge than from DLI/NCALC staff and programs and fellow members of your professional trade associations.

Likewise your professional trade associations need you. We are your voice with legislators and regulators but our voice is only as loud as our membership numbers and financial support. We need you because of the different perspective you bring to the discussion. Sometimes it's hard to see the forest for the trees when you've been in the woods for a while. Different perspectives and new ideas expand everyone's horizons. We all need to ask why not?

Because we need you and we believe you need us, NCALC and our allied trades partners have develop a New Member Rewards Package worth over $2,000.00 in goods and services. If you join NCALC/DLI (yes, it is a joint membership) now you will receive:

· A FREE FULL REGISTRATION to our 104th Annual Convention Memorial Day Weekend at the Sheraton, Atlantic Beach, N.C. A full registration includes three evening meals and social events, a reception, two continental breakfast, Allied Trades Table Top Exhibits, break refreshments, and six hours of management information. We have three nationally known experts booked as presenters so far. Attorney Frank Kollman from Baltimore, MD, columnist for the National Closeline who will bring us up to date on OSHA's upcoming onslaught on small businesses; John Zimmerman, CEO of eRocketFuel.com a website and social network marketing guru from Chicago and Bill Fisher DLI CEO.

· A FREE ENVIRONMENTAL COMPLIANCE INSPECTION of your plant by an environmental consultant, who grew up in the drycleaning business, is a CED (Certified Environmental Drycleaner) and registered geologist.

· A FREE PLANT EQUIPMENT MAINTENANCE INSPECTION including an oil change for your air compressor and check to verify that all your steam traps are working properly.

· A FREE REGISTRATION to a NCALC sponsored operational training class. We have a drycleaning finishing class scheduled for Saturday, March 27th in Fayetteville, N.C.

· Discounts and free supplies from our Allied Trades Partner.

GOODS AND SERVICES WORTH MORE THAN YOUR 1ST YEARS DUES.

The Spring of Hope

Dear fellow drycleaners,

Boy, has winter got it's grips on all of us. Rain, snow, sleet, and ice almost every day. It comes from the north, south, east and west from the mountains to the coast. Soon I believe the dirty sweaters; coats and outerwear will make their way to your plant.

March is just around the corner. The spring-cleaning will soon appear. Now is the time to get your equipment in good working order. You may find that our allied trade members can help make this fine-tuning a little easier. With equipment repairs to pads and covers they are just a phone call away. Be sure to look in this bulletin for help with these things.

NCALC has been busy working on your convention. It will be at the Atlantic Beach Sheraton, Memorial Day weekend. Please mark your calendar for this one because we have signed some very interesting speakers, who are nationally recognized and are traveling across the country to be with us. More info is in this newsletter so read all of it.

NCALC is a hard working low paid group of volunteers. Our members donate a lot of time and money to help this industry of ours. In this mixed economy we need your financial support. This comes by joining, donating, pledging, volunteering, or becoming active with us. Coming to our 104th convention is a great way to help our association and yourself as well. For those who have never been plan for it this year. We also need your legislative pledge to help with this effort. Just being a part of NCALC makes for a great impact in our business. Please use the membership application and/or the legislative/regulatory pledge form in this newsletter and don't overlook the finishing seminar in Fayetteville on March 27. There is a registration form enclosed with this issue.

Sincerely

Simon Vick

President

Member Matters

Our deepest sympathy go out to David Wells, Medlin Davis Cleaners, Raleigh, son of Mary Wells, One Hour Koretizing in Rocky Mount in the untimely loss of David's wife Elizabeth.

Our heartfelt sympathy also goes out to NCALC Executive Director Emeritus Sunny Smith Houchens in the recent loss of her husband Bill. Sunny will be returning to Cary to be near her daughters Susan, Carol and Pat and grandchildren.

Ken and David Farrington's mother Julia is recovering from a recent fall.

Mildred Williams, Williams Cleaners in Wilmington is recovering nicely from a recent surprise heart attack and some minor repairs.

Eddie Stephenson, Highland Cleaners, Fayetteville is scheduled for some minor repairs at Duke Hospital in Durham February 17th. We wish him a speedy recovery.

Congratulations to Jeff and Chad Cowell, sons of Gloria and Keith Cowell, Cowell's Cleaners in New Bern on their recent engagements.

The word is out. Republican Jeff Miller, Miller's Fine Drycleaning in Hendersonville has thrown his hat into the ring in hopes of unseating the Democratic incumbent congressman in the November election. Check him out at www.jeffmiller2010.com. (Enter website address in address bar. If you Google it you may get one of the other Jeff Millers already in Congress.)

NCALC is a family that cares about each other. Let the office know about your joy, sorrows, accomplishments, adventures and achievements so we can share them.

New and Renewing Members

New Members

David Makepeace

Medlin Davis Cleaners

Raleigh

Renewing Members

Rich Volk

Bowen Cleaners

Greenville

Edward Strange

Imperial Cleaners Inc.

Rocky Mount

Allan Cheatham

Shallotte Dry Cleaners Inc.

Shallotte

Eliza Burrett

Burnetts Sanitary Cleaners

Greensboro

Chun Tok Yi

Lake Jeanette Cleaners

Greensboro

Membership Pays

Active members of NCALC/DLI make more money than non-members because:

THEY ARE TUNED IN

TO COSTLY PITFALLS

· Heads up email alerts warning about unserviceable garments help them catch potential problems before they occur.

· DLI's garment analysis service provides expert testimony if garments are mislabeled by the manufacturer.

· DLI's technical bulletins and Encyclopedia of Drycleaning provide a ready resource to research any problem or procedure.

· DLI's toll free Hot Line provides ready access to assistance with any technical question.

· Information in Fabricare magazine and Carolina Clean keep them updated on regulatory changes.

THEY OPERATE THEIR BUSINESSES

MORE PROFESSIONALLY AND PROFITABLY

· Management and Operational Bulletins from DLI.

· Management and Operational Seminars and Classes from NCALC and DLI hone their and their staff's skills.

· Networking with other professional cleaners and entrepreneurs never fails to yield good ideas to increase sales, productivity and profitability.

· They save money by utilizing NCALC and DLI endorsed business insurance, credit card processing, bad check collection and payroll processing programs.

· A FREE PLANT EQUIPMENT MAINTENANCE INSPECTION including an oil change for your air compressor and check to verify that all your steam traps are working properly.

· A FREE REGISTRATION to a NCALC sponsored operational training class. We have a drycleaning finishing class scheduled for Saturday, March 27th in Fayetteville, N.C.

· Discounts and free supplies from our Allied Trades Partner.

GOODS AND SERVICES WORTH MORE THAN YOUR 1ST YEARS DUES.

Thank You from the Staff

Jill and I would like to thank all of you for remembering us at Christmas and for your cooperation and support throughout the year. It is an honor and a privilege to work for you and our industry. We wish you all a prosperous 2010.

Sto

The Blizzard of 2010

Snow in the west, ice in the east and some of both in the piedmont put a cramp in our business in and NCALC operations late January and early February, forcing NCALC to reschedule our January 30th Board and Committee meetings for February 20th and delaying the publication of this newsletter. None of us can do anything about the weather except deal with it.

NCALC'S 104TH ANNUAL CONVENTION

MEMORIAL DAY WEEKEND · MAY 28TH, 29TH, 30TH

SHERATON ATLANTIC BEACH, N.C.

A WORLD RENOWNED FAMILY AND BUSINESS ORIENTED

SPRING BREAK COMBINING WORLD CLASS EDUCATIONAL OPPORTUNITIES

Frank Kollman, Attorney at Law and National Clothesline Columnist specializing in OSHA and other Employer/Employee Relations will enlighten us on what to expect as the Department of Labor increases OSHA inspections, fines and a harder line during settlement discussions under the current Administration. Frank and his wife will be spending the weekend with us.

John Zimmerman, CEO of eRocketFuel.com, a Chicago based Social Media Marketing Agency (Websites, Facebook, Twitter) will explain social networking sites and how you can use them to gain customers and profit. John was born in North Carolina and is a graduate of UNC-CH. He and his wife and daughter will be spending the weekend with us.

Bill Fisher, CEO of DLI, will also be on hand for the weekend debuting a new presentation he is preparing for us entitled "How to get the most out of your membership in DLI." How member cleaners are maximizing the return on their dues by utilizing DLI products and services to maximize their professionalism and profit.

Dryclean Dave - Dave Sillimon, DLI President, Uptown Cleaners, Scottsdale Arizona will be back to share more stories of the hardships of living in the desert, dealing with Spot Check, five children and more embarrassing times with your ED (that's me).

THERE IS MORE TO COME BUT THE DEALS ARE NOT DONE. LOOK FOR A FINAL LINE UP IN THE APRIL ISSUE OF CAROLINA CLEAN.

ALLIED TRADES TABLE TOP EXHIBITS

FAMILY FRIENDLY SOCIAL AFFAIRS

FRIDAY NIGHT

Mardi Gras in May. Cajun Style Seafood Feast

Silent Auction

SATURDAY NIGHT

Hawaiian Luau. Caribbean Ribs, Steel Drummer

Music by-Dave Overby-The Bopper

Silent Auction

SUNDAY NIGHT

YOUNG CLEANERS PARTY

Pizza and Chicken Fingers, Games, Movies and Adult Supervision

PRESIDENT RECEPTION-Host Bar

ANNUAL BANQUET-Filet, Beauford Chicken or Vegetarian

Dryclean Dave-Installation of Officers and Director's

LIVE AUCTION

FREE TIME TO ENJOY THE SUN, POOL, AND BEACH

NOON-6:00PM

SATURDAY AND SUNDAY

LODGING is available in the Convention Hotel

Sheraton Atlantic Beach Oceanfront Hotel

www.sheratonatlanticbeach.com

$169.00/night (2 queen beds)

Rates good before and after convention

72 hour Cancellation Policy

RESERVATION DEADLINE

APRIL 28, 2010

CALL GROUP RESERVATION-800-214-0258-MON-FRI 9:00AM-5:00PM

GROUP NAME: N.C. Association of Launderers and Cleaners

Island Beach and Racquet Club (Next Door)

2 and 3 Bedroom Privately Owned Condo's (rates vary)

Oceanfront and Sound side (less expensive)

Tennis Courts and Pool/Clean-up included

CALL OCEAN RESORTS 800-682-3702

MON-FRI 9:00AM-5:00PM

Ask for Special Rates for Drycleaners Group

You will have access to parking, pool, beach, private pier at Sheraton as Conference Attendee.

CLAE 2010 Meeting Wrapup

David Cotter of the Textile Care Allied Trades Association was elected president of the Cleaning and Laundry Association Executives at the January 6-9 meeting in Clearwater Beach, Fl. Other officers elected are Nathan Carlson, California Cleaners Association, vice president; Kenney Slatten, Western States Drycleaners & Launderers Association, secretary; and Carol Memberg, Pennsylvania and Delaware Cleaners Association, treasurer. The meeting focused on ways to help association members survive difficult economic times, including providing marketing ideas for them. Other discussions centered on budgeting, updating and modernizing recruitment and publications, cost saving methods, leveraging new technology, meeting planning, member services and suggestions for enhancing association value. Some of the publications and recruitment material was downloaded on to flash drives that were distributed at the meeting. CLAE members who paid their annual dues but were unable to attend will also receive the drive. The next CLAE meeting will be January 6-9, 2011, in Scottsdale, AZ, in the hope of finding warmer weather.

2009 Legislative/Regulatory Fund Honor Roll

ACW Management Corp-High Point $1,500.00

Asheville Cleaners-Asheville $500.00

Best Cleaners-Raleigh $200.00

Botek (Bob Smart)-Durham $250.00

Brier Creek Cleaners-Raleigh $200.00

Brock's Cleaners-Hendersonville $1,000.00

City Dry Cleaners-Lumberton $500.00

Clayton Village Cleaners LLC-Clayton $200.00

David's Cleaners, Inc.-Winston Salem $500.00

Dry Clean Express-Sanford $200.00

Executive Cleaners-Durham $200.00

Glam-O-Rama-Raleigh $200.00

HC and JH LLC-Joe Herndon-Raleigh $500.00

HSIA-Arlington, V.A. $1,000.00

H&S Cleaners-Durham $200.00

Honeycutt Cleaners-Raleigh $300.00

J.S. Cleanrite Cleaners Inc-Clayton $200.00

Jones Dry Cleaning-Charlotte $1,400.00

Koretizing Cleaners-Durham $100.00

Kwon's Dry Cleaners-Cary $200.00

Lee Cleaners-Durham $200.00

Magic Cleaners-Lincolnton $200.00

Master Kleen-Mike Brown-Greensboro $200.00

McPherson Cleaners, Inc.-Burlington $250.00

Medlin-Davis Cleaners-Raleigh $500.00

NS Farrington & Co-Winston Salem $290.00

Nuway Cleaners-Bayard Crumpton-Roxboro $500.00

One Hour Koretizing-Fayetteville $500.00

Peggy's Cleaners-Raleigh $200.00

Perfect Image Cleaners-Chapel Hill $200.00

Phenix Supply-Columbia, S.C. $1,000.00

Plaza Dry Cleaners-Chapel Hill $500.00

Premier Drycleaning-Greensboro $100.00

Pro Cleaners-Raleigh $200.00

Quality Choice Cleaners-Mebane $200.00

Quality Cleaners-Hickory $200.00

Regency and White Star Cleaners-Durham $1,500.00

Southern Cleaners-Jacksonville $1,000.00

Springfresh Cleaners-Charlotte $200.00

Swannanoa Laundry, Inc-Asheville $750.00

The Valet Cleaners, Inc.-Southern Pines $200.00

Vick's Cleaners-Kinston $750.00

Williamson Cleaners-Wilson $250.00

Williamston Cleaners - Williamston $500.00

TOTAL $19,740.00

What You Missed from DLI If You're Not a Member

NCALC mails this Newsletter to all member and non-member cleaners in North Carolina because we want you to know what's going on that affects your business and what your state and national associations are doing to protect you and your business. Carolina Clean is fundamentally a newsletter.

NCALC maintains a small office in Greensboro staffed by a part-time executive director and part-time administrative assistant who coordinate and/or perform the functions necessary to produce this newsletter, arrange board meetings, in-plant training classes, the Annual Convention and state level legislative/regulatory activities.

Our national partner, The Drycleaning and Laundry Institute (DLI) based in Laurel, M.D. just outside of Washington, D.C. occupies a 20,000 square foot facility containing Textile Testing and Garment Analysis Laboratories, classrooms, a training and testing plant equipped with state of the art drycleaning (utilizing multiple solvents), wetcleaning, laundry and finishing equipment and employs a staff of 19 full-time and 2 part-time professionals who test, teach, produce technical bulletins, e-mail alerts, and a bi-monthly Journal of technical and management information for our joint members.

They also provide Toll-Free consulting and assistance to members, Legislative and Regulatory liaison and representation at the federal and state level on industry specific issues; speakers and trainers for classes, seminars and conventions in cooperation with NCALC and other state and regional associations and dues billing, collection, accounting, and membership records keeping for affiliated associations like NCALC.

If you are not a member of NCALC/DLI you are not getting the benefit of the Technical and Business Management Expertise and Information provided by DLI.

· HEADS UP FOR THIS GARMENT

E-mail alerts on problem garments received from member cleaners that could not be satisfactorily processed by the manufacturer's recommended care method.

· Toll Free Hotline assistance with an ink or lipstick load, stain removal problem, equipment malfunction, an inquiry from a local TV or newspaper reporter or surprise OSHA inspection.

· Laboratory Analysis of a garment that was damaged when processed in accordance with the manufacturer's instructions that are recognized by the BBB and most Small Claim Courts.

· A steady flow of technical and management information in "Fabricare" Magazine, DLI's bi-monthly journal only members receive.

In the last issue you missed:

ARTICLES ON BUSINESS MANAGEMENT

· A mathematical analysis of the effect of price cutting on profit

· Using your POS system, automated telephone and/or email systems, sorting conveyors, automated piece counters and baggers to promote, maximize efficiency and profit

· Using social media (Facebook, Twitter, Myspace, LinkedIn, blogs and websites) To Market Your Business

· How to get started on Facebook

· Have you checked out customer comments about you on Superpages.com®

BULLETINS ENCLOSED IN THE JOURNAL

· Problem Garment - Talbot's All Weather Coat

· Problems with buttons (in English/Korean/Spanish)

· Shirt Interfacing Distortion (in English/Korean/Spanish)

· The importance of Adequate Solvent Levels in the drycleaning machine (in preventing redeposition and damage to solvent pump)

· Importance of a drug- and alcohol-free workplace policy (a sample policy you can use)

· OSHA Blood-Borne Pathogen Standars Requirements in the workplace

· OSHA Lockout/Tagout Program Requirements

Protect Your Intellectual Property Rights

TRADEMARK PROTECTION

NCALC members, like all businesses, should make careful plans to identify, clear, and protect trademarks in a way that creates business assets and avoids legal difficulties. This article is meant to help your business achieve those goals.

Trademarks Defined

A trademark is a name or symbol that identifies and distinguishes the products of a person or business. A service mark fulfills the same function for services as opposed to products. The business name of a launderer or cleaner will also serve as its service mark since the name identifies a particular source of cleaning services. In addition to its business name, a cleaning business may also have a graphic design mark - sometimes integrated with the name - or a slogan ("we provide prompt delivery") that qualifies for service mark protection.

Legal Protection of Trademarks

Generally speaking, a company's service marks are legally protected from encroachment by a competing business if either (1) the mark in question is "distinctive" and the company was the first to publicly use the mark - or anything "confusingly similar" - in connection with services like that of the company within the company's geographic market; or (2) the mark in question is "merely descriptive" rather than "distinctive," but the mark has "acquired distinctiveness" over time because the company has used the mark exclusively for such a period of time, and with such a level of success, that consumers in its market associate the mark with a particular business.

There is an important distinction in the availability of legal protection between a "distinctive" mark and one that is "merely descriptive." A "merely descriptive" service mark is one that directly describes the nature of a company's services, their intended effect, or their qualities. Business names that are "primarily merely surnames," such as "Johnson's Cleaners," are also considered merely descriptive. Most small businesses adopt descriptive names. By doing so, however, they are taking a risk. Companies that continue to use their descriptive names exclusively for a period of time until they establish a loyal base of customers will ultimately have some legal protection. However, if a competing company adopts the same or a very similar descriptive name before the original company's name has become known among consumers in the community, the original company likely will not be able to legally preclude the competitor from using the name.

To avoid this risk, those opening a new business would be well advised to adopt a "distinctive" name. Distinctive names give their owners immediate legal protection from the first date of public use. A distinctive mark can be "suggestive," meaning it suggests some quality of the owner's services without directly describing them. For instance, a group of North Carolina cleaning services operates under the federally registered service mark "A Cleaner World(r)." While this name certainly is appropriate for a cleaning service, it suggests but does not directly describe the services on offer. Less commonly, a distinctive mark can also be "arbitrary" or "fanciful." For instance, "Apple(r)" for consumer electronics is arbitrary because the word has nothing to do with the products and "Exxon(r)" is fanciful because it is a made up word.

Clearance of Trademarks

Since a company can obtain "automatic" trademark rights by being the first to do business with a particular distinctive name in a market, it stands to reason that if your company opens shop in the same area as someone already using the same service mark, you are likely to receive a mean letter from an attorney or a summons and complaint from the trademark owner. To avoid this, it is important for you to conduct a thorough trademark search before adopting a new name or service mark. The search will need to determine whether someone else is already using the same or a similar name, in connection with similar services, in your market area and in any area into which you plan to expand in the future. The search also needs to identify whether someone has already registered the mark or a similar one at the state level in any state of interest or at the federal level. Companies that do not perform a proper search sometimes get lucky, but many end up losing business goodwill, spending substantial sums defending litigation, and having to change their signs, advertisements, websites, directory listings, and more.

You may believe your "search" duties are satisfied because you were advised by the secretary of state's office that the corporate name is available. Don't be fooled. The corporations department of the North Carolina Secretary of State does not adjudicate trademark availability - it only determines whether someone else has the exact same corporate name. The secretary of state's office cannot tell, for instance, whether someone is operating under an "assumed name" that is different from their personal or corporate name; whether another company's name is "confusingly similar" to your proposed name but still different enough to allow a new corporate name to exist; or whether someone from out of state has a federally registered trademark that is confusingly similar to your proposed name.

Trademark Registrations

Once you have cleared and adopted a service mark, you should consider whether to register the mark at the state or federal level. Although a company has "common law" rights that can be enforced in court simply by being the first to adopt and use a distinctive mark (or one that has acquired distinctiveness), registrations can confer substantial benefits. The most important benefit of a federal registration, for instance, is that it can extend the "priority" rights of a trademark owner beyond the limits of its own market penetration throughout the entire country. Thus, for instance, a company that opens a business in Wake County but hopes to eventually franchise the business or open new locations in New Hanover County, or in South Carolina or Virginia can only protect the name in markets where it is not operating if it has a federal trademark registration. Another benefit of the federal trademark registration process is the ability to reserve rights in a name before publicly using it through an "Intent-to-Use" federal trademark application. Suppose you have come up with a great name for your cleaning business but you will not be able to open the business for 6 months or a year. You can preserve rights in your chosen name during the interim by filing a federal trademark application, and stating that you intend to use the mark in connection with your business in the future. Assuming the U.S. Patent and Trademark Office accepts your application, the rights you obtain from a successful "Intent-to-Use" federal trademark registration exist - and cut off any rights of others - from the date you filed your application.

If you have limited funds or you plan to continue doing business within your current market area, a state trademark registration with the North Carolina Secretary of State can be worthwhile. The certificate of registration serves as proof of your trademark rights, and makes a very useful attachment to your attorney's "cease and desist" letter to the competitor who was caught infringing upon your trademark rights.

Preserving Trademark Rights

In order to preserve trademark rights, you should follow some simple rules. First, you should not allow any third party to use your mark in connection with your company's business unless you first enter into a proper license agreement with quality controls. Your trademark is a signal to consumers of the quality and consumer service associated with your business - anyone else allowed to use it must be required to live up to your standards. Trademark owners can lose their legal protection if they allow others to use the mark without requiring them to comply with satisfactory quality controls.

Second, particularly if you have a trademark registration, you must continue to use the same mark you originally adopted. Alterations in the mark, if they are deemed "material," can lead to loss of rights.

Third, it is best to use a trademark or service mark as an adjective, not a noun. It is proper usage generally to say FIDOS dog food, not just FIDOS.

Fourth, you should use the ® symbol after your mark ONLY if the mark is registered at the federal level. A mark that is registered at the state level, that is the subject of a pending federal registration application that has not yet been granted, or that is not registered should be identified by the (tm) symbol for a trademark or the SM symbol for a service mark.

Fifth, if you have trademark registrations at the state or federal level, periodic filings are required to keep the registrations in force. For instance, a filing is required at the federal level between the 5th and 6th years after the registration was issued, then between the 9th and 10th years, and then every 10 years thereafter.

Finally, you should take appropriate efforts to "police" the mark. Watch your competitors and take note if it appears that someone is profiting from use of your mark or one that is confusingly similar to yours. You may be able to stop this infringement with a firmly worded letter from your attorney. If you are aware that someone is infringing your rights and you do nothing about it for a substantial period of time, it is possible you could be deemed to have "abandoned" your trademark and lost the ability to enforce your rights.

NCALC would like to express its appreciation to Eric for contributing this article to Carolina Clean.

Eric Stevens is a partner at PoynerSpruill LLC in Raleigh. He focuses his practice on intellectual property and can be reached at 919-783-1017.

DRYCLEANING FINISHING CLASS

Al's Glam O Rama

401 Hope Mills Road

Fayetteville, N.C. 28304

SATURDAY, MARCH 27th 9:00am-3:30pm

LUNCH PROVIDED

Give your drycleaning finishing crew a spring tune-up with

SANDRA HARALSON

One of the industries best and most experienced in-plant consultant and trainers.

Sandra began her career in drycleaning at age 17 on a press and worked her way up to in-plant consulting and training. She has done it, can still do it and show your finishers how to do it correctly and efficiently. She will increase your finisher's quality and productivity. The last time we were able to secure Sandra for a finishing class in North Carolina the student's comments told the tale:

"I've attended several finishing classes and I've learned more this time."

"Everything I thought I knew was wrong. Thank you."

"I learned a lot of ways to do my job better and turn out quality garments."

"I got a lot of great ideas."

"The course was very helpful, apparently I wasn't trained correctly."

"We would like to do this again. The class was great."

Sandy's style is to describe the quality points on a garment, take the students to the finishing unit and demonstrate the proper and most productive way to finish the garment then have the students practice the techniques under her watchful eye.

Due to the hands-on nature of this training CLASS SIZE IS LIMITED TO 16 STUDENTS. COST IS:

NCALC/DLI MEMBER NON MEMBER

1st Student 129.00 $179.00

Additional Students $99.00 $129.00

CLASS SCHEDULE

8:30-9:00am Check in

9:00am-Noon PANTS, BLAZERS, SKIRTS, SWEATERS

Noon-12:30pm Lunch provided on site

12:30-2:30pm BLOUSES, DRESSES, TIES, PLEATS

2:30-3:30pm SPECIAL HELP WITH PROBLEM GARMENTS YOU BRING TO CLASS

NCALC RESERVES THE RIGHT TO CANCEL THIS CLASS IF WE HAVE NOT RECEIVED 10 REGISTRATIONS BY 5:00PM, WEDNESDAY, MARCH 24TH.

NCALC MEMBERSHIP BENEFITS

· PREMIUM SAVINGS WITH IWA FABRICARE INSURANCE PROGRAM Buildings, Equipment, Inventory, Unlimited Bailee, Damage in Processing, Mysterious Disappearance, Boiler, Workers Compensation, Auto available direct or through your local insurance agent

· Up to 14% savings on Credit Card Processing from Payment Processing Consultants

· Free bad check collection service from Check Collection & Recovery

· Special pricing (10% discount), no setup fee, and no charge for first month's payroll processing services from ADP

· Representation in Raleigh with Legislators and Regulators by NCALC's Lawyer/Lobbyist

· Statewide training program from NCALC: · Drycleaning

· EPA / OSHA / MMP compliance · Drycleaning Finishing

· Professional wetcleaning · Spotting

· Equipment maintenance · Customer service

· Access to the services of an active or retired cleaner to act as your mentor

· 6 bi-monthly newsletters with info about what's going on in North Carolina:

· Legislative and regulatory issues

· Seminars, classes and meetings

· NCALC's annual convention

· Operational / compliance / management issues

· Cleaning industry news

· Association activities

· Family-friendly Annual Convention on Memorial Day Weekend at the coast featuring top national speakers and opportunities to network with other cleaners

· Opportunities to participate in the state association through service on a committee and/or the Board of Directors and to network with other cleaners

· Executive Director (who is a drycleaner) who will help you find the information or answers you need.

Return to Carolina Clean Index

Return to NCALC Homepage

Site Index

Home

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NCALC New Member Rewards

NEW MEMBER REWARDS

MORE THAN $2000 IN GOODS & SERVICES

IF YOU JOIN NCALC/DLI NOW

A PLANT ENVIRONMENTAL COMPLIANCE INSPECTION by Greg Icenhour, CED of Shield Engineering

A PLANT MAINTENACE CHECK-UP By Tri-State Laundry Equipment Co.

A SUPPLY INVENTORY MANAGEMENT SYSTEM from N.S. Farrington & Co.

A FULL REGISTRATION to CAROLINA CLEAN '09 from NCALC

"QUALITY SHIRT FINISHING" IN PLANT TRAINING VIDEO OR DVD IN ENGLISH OR SPANISH from DLI

20,000 CUSTOM INVOICES AT STOCK PRICES from Liberty Pittsburgh

A STANFORD SPOTTING KIT from Fabritech

A 10% DISCOUNT ON SECONDARY CONTAINMENT TRAYS from MCF Systems

THE OPPORTUNITY TO HAVE THE SERVICES OF AN NCALC MENTOR

Access to Scholarship for DLI Resident Courses

In order to qualify as a new member you or your cleaners cannot have been a member of NCALC/DLI in the past year and you must pay your annual dues in the correct dues category in full with your membership application.

memberapp.pdf

North Carolina Assocation

of Launderers & Cleaners

The Source of Official Information

for NCALC

Carolina Clean

February, 2010