IP Law for Interior Designers Part 1: Do You Need A Trademark?

Intellectual Property law, specifically for interior designers, has become a point of interest to me lately. I see a lot of discussions and questions being asked in design groups regarding trademarks and copyrights so I decided to create a series of posts on the topic. I’ve consulted with Keren de Zwart, the founder of Not Your Fathers Laywer, in California and she has some great information for us. Today I’m beginning with trademark basics. I hope you enjoy! The post below was written by Keren de Zwart.

A trademark is a word, phrase, symbol or design, or a combination thereof, that identifies and distinguishes the source of a product. A service mark is the same as a trademark, but it identifies and distinguishes services. Registering a trademark with the United States Patent and Trademark Office (USPTO) can be an important step in protecting your company’s goods or services. It prevents others from using the same or similar trademark in connection with the same or similar goods or services, provides you with the right to bring legal action for infringement, allows you to register your trademark internationally through the Madrid Protocol, and offers many other benefits. Understanding trademark law is essential to protecting your business.

Protecting your Small Business Brand

Small businesses can benefit from registering their trademarks early in their company’s history to create an identifiable brand as they expand their business. Having a registered trademark creates a distinguishing feature for your brand that is legally protected in the event a competitor tries to use the same or similar mark to confuse customers and potentially divert your business. Building a brand around a registered trademark is important because if you find out months or years down the line that you are infringing on someone else’s trademark or you are unable to register your trademark, this could result in a costly re-brand for your business.

What do I need to know about filing a trademark?

Just starting out with a business plan? Create a concrete idea for your trademark and determine whether you want to register the word (for example, “Nike”) or a logo or design as well (like the Nike swoosh). If your company is in its infancy and you haven’t settled on a definitive logo for your brand, it is still important to register your company name and any products or services you have named. You can trademark the logo separately at a later date. Even if you have not yet used the trademark in commerce, but you have a bona fide intention of doing so, you may file an “Intent to Use” application to ensure your product or service is protected when it does come to market.

One basic, but important, principle of trademark law is that generic terms cannot be trademarked. A trademark is an “identifier of source,” and if a term is too generic to associate with a particular company, it will not be subject to trademark protection.

What if my business, product, or service already exists?

If your company has been in business and has not filed for trademark protection, it is not too late to register your trademark. Registering with the USPTO will provide protection for your goods or services going forward. Furthermore, beyond just a company name and/or logo, every time you name a new product and take it to market, you run the risk of infringing on an existing trademark if you have not confirmed that the same or similar mark is not registered with the USPTO already.

What about my website?

Your domain name on the Internet can be subject to trademark infringement claims. For example, just because a website such as www.microsoftstuff.com is available does not mean you can sell computer products from that site without infringing on Microsoft’s trademarks. However, as the owner of a website, you can create extra protection for your brand by trademarking your domain name.

Think your business is too small to deal with trademark protection? Think again. The best way to protect your business is to register trademarks for your products or services as you create them and to be sure you have your attorney research existing trademarks before you commit to taking a company name, product, or service to market. A trademark infringement lawsuit can be very costly in terms of both monetary liability to the owner of the trademark as well as costs associated with re-branding your product or service if you are found to be infringing on someone else’s trademark.

If you are interested in learning more about Keren de Zwart her website is www.notyourfatherslawyer.com.

Next week I’ll continue with more information on trademarks and in future weeks I’ll have posts regarding sponsored social media posts along with how to properly share another persons work on your social media and what to do when someone else shares your work. If there are other things regarding intellectual property law for interior designers that you are interested in learning more about, please let me know!

Stay safe!

XX, Danae

How to Create an Engaging IGTV Channel

We keep hearing that video is where it’s at and I intend on doing video for my business but I just haven’t gotten there yet. In the meantime, I’ve been doing research and wanted to share with you what I learned about creating your own channel on Instagram.

Posting videos on Instagram is a great way to build engagement, collaborate with influencers and improve your Instagram marketing strategy.

If you aren’t familiar with IGTV it’s a long-form video channel accessible from Instagram. The feature was launched in 2018 and it gives brands the opportunity to make videos longer than typical Stories posts.

So, whether your video is 10 minutes or 1 hour long, IGTV is a great platform to share them. You can even create a series of videos to be released on a consistent basis weather it’s weekly, monthly, etc.

All you have to do is upload your video to your Instagram account. Are you interested in creating videos but are stuck on what content to provide?

1.       You can create tutorials on DIY projects, how to style a piece of furniture or entire room, how to measure a room, any how-to is great. Think about what your clients are always asking you … what size of rug to get, how to hang artwork, how to hang window treatments, etc. Any of these would make a great video.

2.       Take your clients and target market behind the scenes. Video ongoing projects, shopping trips to choose and purchase materials, job site visits, etc.

3.       Host a Q & A session. Similar to the how-to videos, host a video series were you just answer the most popular questions from your followers.

4.       Host a talk show and interview industry leaders and industry partners. Depending on your location and COVID restrictions, this one may be a bit more difficult during this time unless you do a virtual talk show with your guests.

Once you have your videos created and posted to your Instagram or IGTV account be sure to cross promote them. Add your video link to your Twitter, Facebook and e-mail newsletter.

Make sure your video has a hook. People scroll very quickly through their feeds and you want to grab their attention. In your video, be sure to answer the following questions:

1.       What is this video about?

2.       Why should you keep watching?

3.       Optional: Who is this video for?

4.       Optional: How long will it be?

Also, use relevant hashtags in your description. Use your brand colors and make sure your video is longer than what should be in an Instagram story.

For way more detailed information on How to Create an Engaging IGTV channel, please visit https://blog.hootsuite.com/instagram-tv/

Stay safe & healthy!

XX, Danae

10 Tips to Attracting More Clients

Our world is changing and as we work from home, we are trying to figure out new ways to navigate business. People still want to live in beautiful spaces, they still want to purchase new items for their homes and they still want to live their best lives. It’s times like these that force us to pivot and create new innovative ways to continue to push our business forward. Below are some ways I’ve seen other interior designers continue to stay in front of clients and continue to offer services that will keep their businesses thriving in our current climate.

1.       Nurture that email list! Spend some quality time creating some really heartfelt and genuine emails to send to your contact list. Create emails that let your subscribers know that you understand what they are going through, you are here for them if they need anything and outline the ways you can still help them. Start an email series right now that will help them during these times.

2.       Offer virtual consultations. Let clients know how they can still work with you during these times. You may be surprised how many people just need a consultation right now. They are spending more time in their homes than ever and they are sick of looking at it. It’s time for a refresh!

3.       Create shoppable concept boards and renders. Share your favorite products and make money using affiliate links. People who shop your style may be more inclined to work with you.

4.       Share your portfolio. Start inspiring people with your work and share what makes you happy about what you share.

5.       Update and share. Now is the time to get caught up on housekeeping issues like updating your portfolio, creating content, organizing your processes and share what you’ve learned. People connect to you and your story … use this time to share your story and how you are growing and changing during quarantine. What silver linings have you found in this pandemic?

6.       Share your e-design services. Share how people can work with you during this time, outline this process and make sure your target market is aware that you are still working with others. Perhaps you have a remote only service and perhaps you have a remote hybrid service. However you are working with clients at this time, share it!

7.       Create interest. Write a blog post about why now is a great time to update your home, or how interior design can affect your mood or about the psychology of color. Write intriguing posts relevant to the times to get people interested in your brand.

8.       Continue to educate yourself. Now is a great time to start listening to an interior design podcast or to get continuing education through interior design platforms. Many of them are offering free video conferences and webinars at this time. Use what you learn to attract more clients.

9.       Create videos. People have time to watch stuff now so create some fun videos about refreshing a space, your process, choosing the right rug or something else that you know your target market will love.

10.   Be real. You will attract the clients you are looking for just by being yourself. Stick with a positive message, share a sneak peek into your quarantine life and use humor if that’s your thing. Sometimes we are afraid to be ourselves but it’s only when we are ourselves do we find growth.

Our world will forever be changed so we have to adapt and grow. We will be stronger and our industry will thrive.

Stay safe & well!

XX, Danae

NOW OFFERING: e-Design Service for Interior Designers

We know that the way we do business is changing and that can mean learning new skills, offering new services and adapting to how the world around us is evolving.

Several interior designers were already marketing e-design services, so when the world suddenly turned into a virtual world, they were prepared to market a service more conducive to our current situation. Our world will go back to a new normal and people will hire in-house, traditional interior designers once again but in the meantime, we have to pivot.

Since we know the challenges everyone is facing and we want our clients and prospects to continue to do well in the interior design industry, we are now offering an e-design service for interior designers. This service is perfect for interior designers who either:

1.       Don’t currently offer the service because they don’t know how

2.       Don’t currently offer the service because they have no desire to provide the service, but feel like it would be a great option for their clients during this time, or

3.       Currently offer the service and are busy enough to hire someone else to help manage the work load

How it works:

1.       You market the e-design service as YOUR service and charge what you like (we can give you ideas of what others charge for this service so you can see what your mark-up will look like based on the fee we charge)

2.       We provide you with everything you need to do a consultation call with your client and all the instructions on how the process works. Your client won’t know that you have actually hired a design assistant to create the deliverables.

3.       The design assistant will work with you on the deliverables, turnaround time, etc.

What we provide:

1.       An e-Design Client Onboarding Guide created specifically for your business in your brand colors with your logo.

2.       A client questionnaire to send your e-design clients.

3.       A choice of 3 package options that you can mark-up to sell to your client.

4.       Instructions on how to conduct business with e-design clients if you’ve never done this before.

5.       Deliverables for your clients such as concept boards, floor plans, shopping lists, installation instructions and depending on the package purchased possibly a 3d render or photo realistic 3d render.

You can now offer e-design services through a virtual design assistant and your clients will never know the difference!

Are you ready to get started? Either email me at danae@elitedesignassistants.com or schedule a time to chat using my calendar link at https://www.elitedesignassistants.com/scheduleyourcall. I will be happy to answer all of your questions and explain the three packages with pricing along with an idea of what interior designers typically charge for the service so you will have a better understanding of your profit margin.

Please let me know if you have any questions!

Stay safe! Danae

Reorganize, Reassess & Relax

We are living in a crazy time where there are a lot of unknowns and many adjustments that we never dreamed would one day become our reality. It’s important to look on the bright side. If your business has slowed down use this time to organize your home office and/or studio, organize your client files, update your websites and portfolios, create more content, reassess your processes and procedures and take a moment to look at the big picture. How do you want your business to look moving forward?

If this seems overwhelming, break your business down into categories … Marketing, Processes, Administrative, Follow Up, Employees, Office Expenses, etc. Take a good look at each of these categories and decide where you can make improvements and where you can make cuts. It’s amazing how much you can simplify and grow when you have the time to regroup.

I have a feeling a lot of people are going to look at business a little bit differently once we return to a more normal pace. There will be people who do change the way they do business, there will be some who decide to take on more remote design while there will be others who go all in on traditional full-service design. I’m optimistic that the design industry will be absolutely crazy busy once we can resume our normal lives. Just think of all the people sitting in their homes right now getting really tired of their décor, paint colors, furniture and that stupid wall that obstructs their view or dream of an open floor plan. Those people will be searching for an interior designer.

The design industry will be booming and for those of you ready to handle the craziness, you will succeed. I imagine many people are also reassessing the way they work with employees. They may consider virtual design assistants, part-time employees or remote employees. This situation has definitely given everyone a lot to think about.

Once you’ve reorganized and reassessed, remember to take some time to relax. Our calendars have been wiped out for weeks … catch up on that book you always intended to read, read a good magazine, go for a walk or just breath.

At the end of the day we will come through this stronger and my hope is kinder and more understanding. Free time is a gift so use it wisely.

I know it’s been a difficult time for everyone so I am here for you if you need anything. I hope you are staying healthy and safe! As always, feel free to reach out.

XX, Danae

Should You Join A Buyer's Group?

Are you tired of being shopped by all of your clients? Are you frustrated that your trade discount isn’t large enough to add your markup and still be less expensive than retail? Savvy consumers are shopping everything these days and one of the biggest frustrations I see are interior designers tired of their clients shopping them online.

Buyer’s groups are hoping to change that for the industry. So what is a buyers group? A buyer’s group is a group of similar independent businesses coming together to leverage their combined purchasing power to receive better net costs and terms on the products and services they buy/use.

In the interior design industry, many buyer’s groups are comprised of a small group of designers located in the same region that all know each other. Unless you know someone in the group, they can be hard to find. This is one of the reasons why Heather McManus and her partner Tracey Taylor created Collaborate To Win, LLC. This group is open to interior designers across the U.S. and Canada.

Another major reason Collaborate To Win was created was because Heather became frustrated with vendors threatening to remove her stocking dealer price when she didn’t meet their yearly minimum. She decided it was time to get creative and comprised a way to not only help herself but also her fellow designers.

Collaborate To Win started with five people and has now grown to 150 members and over 200 vendors. Interior designers need to apply for membership on the website and if accepted pay a membership fee of $370 per year, which is about $30 per month. Benefits of being a part of the group include:

*Stocking dealer price plus 10%
* A Facebook group
*Monthly masterminds
*Emergency fund for extenuating circumstances
*Discounted price on coaching

Working with a buyer’s group can not only save you time and money, it can continue to make you competitive in the industry. You will be able to take advantage of new purchasing power due to the pricing and revenue, plus instead of hiring full-time staff to help with sourcing and deciding what to charge, many interior designers can now hire a virtual design assistant at a fraction of the cost to help with their sourcing needs.

According to Heather, Collaborate To Win is comprised of a group of kind, honest and hard-working interior designers. The members really love the group and are grateful for its existence.

For more information about Collaborate To Win, please check out www.collaborate-to-win.com or contact Heather McManus at admin@collaborate-to-win.com.

**When considering working with a buyer’s group please do your research, get references and make sure you understand what your membership entails. There are some excellent groups out there, such as Collaborate to Win, but there are others who may not be structured properly or are not prepared for extenuating circumstances.

XX, Danae

Start Offering E-Design Services!

Now that we are all quarantined from the outside world and spending more time than ever in our homes, we all want to be in a beautiful space. E-design will become more popular than ever as interior designers find creative ways to continue to work with clients and clients desire to make their quarantine spaces more attractive. Let’s be honest, spending time in a beautifully designed space is much better for the soul especially during times like these.

Marketing your e-design service should be an easy sell at the moment. Sign up for my weekly e-mail at www.elitedesignassistants.com and I’ll send you a FREE client/prospect email you can send to your current clients, prospects and email subscriber list regarding your e-design service.

Need more information on e-design for your own business? Here you go!

How does e-design work? (This is a very high-level overview of the process.)

1.       Offer your clients/prospects an intro call and/or zoom meeting to see what their needs are and review your e-design packages. Be sure to explain that in e-design everything is done remotely, so it will not include on-site visits, installation, construction, etc.

2.       Once they choose to work with you, email them your LOA (you may need to adjust this for e-design services) and once it’s received email them a modified version of the questionnaire you normally would in your business. Ask them to include inspiration photos as well as pictures and measurements of the space they want you to design.

3.       Let the designing begin. You can create concept boards, 3d renders and a shopping list for your clients. The shopping list can include links to your affiliate sites for self-ordering or you can offer trade options that you’ll place orders for them as you normally would.

4.       Send your clients the package (concept board, render, shopping list) along with instructions on how to order products and install the design.

5.       Once they’ve implemented your design, ask them to provide after photos so you can use them in your before/after portfolio for e-design. I know a lot of e-designers struggle with getting the after photos so maybe offer some sort of incentive to get those. 😊

6.       Send them a thank you and let them know you’re happy to help them again in another space.

Pricing – Just like in regular design, pricing is very different for all e-designers. Many of them offer a variety of packages. Some ideas of pricing and options I’ve seen are as follows:

1.       Full design per room includes concept board, floor plan, paint palette, shopping list, render, written instructions for installation and a 60 day follow up. Priced anywhere from $700 - $1,000.

2.       Design per room includes everything above EXCEPT render. Priced anywhere from $500 - $650.

3.       Refresh per room – this would be refreshing what they have and styling it, you could still offer a small shopping list of items. Priced anywhere from $300 - $450.

4.       You can also offer online consultations, furniture layouts or shoppable boards for specific styles.

There are definitely options for you during this time to still do what you love. There are a lot of resources now on e-design. You can try the Facebook Group called edesign Tribe as a great place to start. Many groups are doing special live training on e-design during this time.

As always, please let me know what you need as I’m happy to help!

XX, Danae

GROW your Instagram Following

I’ve been hearing from a lot of interior designers that are now getting most of their clients from Instagram! Building a following on Instagram takes time and effort but as I was gathering all the tips and tricks below it became apparent that the return on investment is great. Managing Instagram can be time consuming and a job in itself. If you have the time and love it … great! If you prefer to hire someone to manage your social media, that works, too. And if you are getting your clients elsewhere than keep doing what you are doing. There always exceptions and it makes sense to start tracking where your clients are coming from if you aren’t already doing that. It will help you so much in terms of deciding where to spend your marketing efforts and dollars. But if you are interested in gaining a larger following on Instagram please see below.

How to increase your Instagram following:

1.       Be yourself! Being your authentic true self will attract the clients you want to work with. Don’t be afraid to share a little bit about you and your life … your clients want to get to know you! Some people shy away from this and that’s okay … but don’t you like to know a little bit about a person before you choose to work with them?

2.       Share consistently. A lot of successful Instagrammers share at least once per day. Use Planoly or another scheduling app to help you post daily.

3.       Make a plan! Since you have to post daily spend a few hours once a month and set up your monthly plan as to what you are going to be sharing … will it be projects, before & after, chaos, shopping, a day-in-the-life, etc. Creating this monthly plan will help you stay organized and less overwhelmed.

4.       Create a cohesive look with your images.  Look at your grid of 9 and make sure your images flow and look good together. It’s all about the visual on Insta.

5.       Ask for share for shares. Do your research and find people that could share your post and you can do the same for them … some interior designers find that they get more followers when non-interior designer professionals share their Instagram. Think event planners, real estate agents, fashion influencers, photographers, etc.

6.       Engage. This one is super important. Answer the questions and reply to everyone that leaves a comment. You are building a relationship with potential clients and you showing up for them means a lot! They need to be able to trust you and rely on you in order to work with you.

7.       Share where you purchase items with affiliate links. I wouldn’t share where you purchase trade items but if you purchase items from anywhere you can get an affiliate link from them by all means share. You could make some affiliate income just for sharing.

8.       Take advantage of Instagram stories. Instagram stories have become super popular and I still haven’t dived into trying them myself but that is where we need to be to gain more followers.

9.       Use video. People like to see your face; hear you talk and learn more about your personality. We live in a world where we watch people all. the. time. Trust me … if you post it, they will watch it.

10.   Think positive. Consistency and persistence will pay off. It won’t happen overnight, but it can happen! Stay positive, have fun with it and you’ll see the numbers increase.

Remember, time is going to pass anyway, so you can start implementing changes today and see results down the road or you can do nothing and in a year or two be exactly where you are today.

XX, Danae

How A Good Copywriter Can Grow Your Business

The interior design industry is competitive, however, there is more than enough work to go around. So how do you stand out from the crowd? It’s a combination of your portfolio and the story you have to tell that will engage and intrigue your target market to want to work with you.

The copy should reflect your personality, your brand and what your goals and expectations are for your business. We all attract different types of people to our brands … what type of clients do you want to attract?

There are a variety of ways a copywriter can help you grow your business. Below are a few of those ways!

1.       Optimized copy (SEO) – An experienced copywriter is going to maximize the keywords in your copy so that you appear in more searches. There are a variety of popular keywords your ideal clients use when searching for an interior designer. The more of those keywords used in your copy the more likely you will be to pop up in those searches.

2.       Engaging copy - An experienced copywriter is going to be able to take your story and brand and turn it into something attention grabbing and relatable. You want your copy to compel potential clients to reach out.

3.       Tell a story with your images – You may have an exceptional portfolio but you also need copy to tell the story your portfolio or project portrays. Use these stories in your blog posts, emails and social media accounts. And if you chose to show your portfolio in video form … a copywriter can write video scripts for you as well.

4.       Write for recognition – A copywriter can write copy to send to publications, post in Facebook groups and other print and digital media outlets.

5.       Ads – The most successful Facebook ads are the ones that have been carefully curated for maximum attention. Experienced ad copywriters know all the keywords to use when creating these ads.

If you don’t feel like you have the time or money to invest in a copywriter at this time, please remember you can always download email templates from my website for only $15 each. They are located at www.elitedesignassistants.com under the Shop tab. We are going to be adding a bunch of NEW templates this month AND if you want an email written just let me know what you’re looking for. If it’s something I can put on my website then you only pay $15. It’s a win-win!

As always, please feel free to let me know if you need help.

I hope you have an amazing day!

XX, Danae

Tiny Offers to Create Passive Income

I’ve been doing a lot of research on ways to generate passive income by selling digital downloads and some of the research I’ve come across has been very interesting.

One leading digital marketer has been teaching her clients NOT to offer freebies. Yes, that’s right. Even though the popular rule of thumb is to offer a freebie in order to get in front of your target market, this particular digital marketer has found that by offering freebies we are just attracting consumers who are online collecting freebies.

She suggests that we offer tiny offers, whether they be $17 or $27 or $37 … I’m really not sure why they all end in 7 but this is what she recommends. She said that we are more likely to attract our ideal client when we offer them something of value at a small price. They are more likely, than someone who grabbed our freebie, to purchase more from us in the future.

So why does she believe this? When we offer something for free we are potentially attracting way too many of the wrong type of prospects … if someone isn’t willing to spend $27 with us they most likely won’t be willing to spend any money with us. Now I realize that all interior design firms are different and depending on your target market and if you are looking to offer digital downloads this may not pertain to you.

I did find it ironic that she was teaching me about her practice on a Masterclass that she offered for FREE, but that is a discussion for another day. I do know people who have built a successful business offering freebies … offering tiny offers is just an alternative approach to generating more income.

So how does this work? Let’s say you have some valuable information that you are just giving away on your website as a digital download, now you attach a price to it and sell it. I’ve seen designers sell pdfs of design plans, choosing the right paint colors, tips on how to design a room and tips on how to manage their own construction. There are a lot of DIYers out there looking at interior design websites every day and some of them might just purchase your download. After purchasing your download they may just decide to do business with you, and if they don’t, well you still made a bit of cash from their download purchase.

For those of you looking to create passive income, creating valuable downloads and selling them is a great way to increase revenue, increase exposure and increase interest in your business.

Are you ready to start offering a tiny offer? Shoot me an email and let me know how we can help!

XX, Danae