The post 3. Harnessing the Power – Taking the Program to the Vendors first appeared on Ray Law Firm.
]]>Once a group is poised to deliver its prized purchasing volume to those vendors who are privileged to be selected, it should develop a format to solicit proposals from the vendors. The group should have its own vendor proposal form that it requires each vendor to complete and submit. In addition to the legal terms designed to benefit the group (such as a good indemnity provision), it could also contain spaces throughout the form for the vendor to enter many, it not all, of the concessions that vendors typically make in exchange for receiving approved status. Some of those concessions are detailed as follows:
(a) he most common incentive is a volume rebate program. Typically the vendor offers an ascending array of discounts contingent upon reaching certain volume levels of purchasing. For instance, a rebate program might be structured like this:
Purchase Volume Percentage Rebate
$1,000,000. 1%
$2,000,000. 2%
$3,000,000. 3%
$4,000,000 4%
The vendors would typically prefer to pay these rebates annually, but the group should ask to be paid quarterly. The highest level rebates achieved should go back to dollar one so that if the group made $4,100,000 in purchases, the entire amount of purchases would receive the 4% rebate, as opposed to just the $100,000 of purchases over the $4,000,000 mark. I have seen some groups successfully persuade a vendor to guarantee the highest level of rebates during the first year or two as the members undertake the difficult process of changing over to the vendor’s line from the old vendors. Therefore, if the group only makes $1,500,000 of purchases during the first year, they would nevertheless receive the full 4% rebate on that amount in that example.
(b) Another common incentive is to give the group a special discount off of the normal selling price. Such discounts typically range anywhere from 1 to 10%. When used in combination with the volume rebate program, it obviously makes it more difficult for the group to hit its target goals, because they are paying less for the goods. It is not a bad problem to have, however.
(c) Vendors almost universally offer prompt payment discounts. With the group purchasing power behind the program, the vendor will be more inclined to extend out the length of time within which the payment to be made to qualify for the discount. Instead of having to make the payment by the 10th of the following month, it could be as late as 60 days following the date of the invoice. The amount of the discount might be increased, as well.
(d) Some vendors will pay a group headquarters allowance. This is paid to the group to help support its administrative cost in operating the group, thereby making the increased purchasing power available to the further benefit of the vendor. Such group discounts are usually based upon a percentage of volume, but are not contingent upon achieving any particular level of volume. Again, the vendor should be encouraged to pay this as frequently as possible, rather than waiting until the end of the year.
(e) Another incentive a vendor can offer is to extend the terms of payment, so that instead of requiring that the payment be made within 30 days, they could set the terms of equal payments of 30, 60 and 90. If a vendor is not willing to offer this on an ongoing basis, they might be willing to consider it for an opening order.
(f) One of the key impediments to the member getting onboard with a new vendor’s program is the problem of the existing inventory it has from the old vendor. Typically the new vendor will offer to purchase the old vendor’s inventory at cost (in the form of a credit) as part of its “echange-over program.” Of course, this is not necessarily unique to group purchases, but it should definitely be a component of a group’s purchasing program.
(g) The group should secure a shipping performance guarantee from the vendor. Significantly reduced prices are of little value if the group is unable to purchase and receive the products when they are needed. To make the shipment guarantee effective, there should be some type of penalty associated with the failure to fulfill a certain percentage of orders placed by the members. Typically the shipping performance guarantee percentage is 95% or higher.
(h) The warranty program of the vendors should be spelled out. The group could consider negotiating a special penalty arrangement if members experience more than a small threshold percentage of returns of the vendor’s product.
(i) The group may also be able to negotiate a commitment from the vendor to buy back obsolescent products as the vendor comes out with newer ones.
(j) Vendors recognize that it is in the vendor’s best interest for the group to develop a marketing program to help the members to sell the products. Accordingly, vendors are often willing to help underwrite the costs of developing an effective marketing program for the group. Contributions could either be a flat amount or a percentage of the purchasing volume.
(k) Vendors typically offer a cooperative advertising arrangement whereby they will reimburse the members up to a certain percentage of any advertising costs mentioning the vendors’ goods. As part of the group deal, the vendor may offer to forgo proof of advertising and simply contribute a percentage of all advertising costs involving their goods.
(l) Vendors recognize the value of being able to attend the group’s meetings and are willing to pay for that privilege. Some groups require that they pay a flat amount or a small volume percentage each year for this privilege. Other groups invite them to sponsor a dinner or reception by paying for the costs associated with that event.
The next installment in this series will discuss the ways in which vendors may present their proposals to the group.
TO BE CONTINUED
The post 3. Harnessing the Power – Taking the Program to the Vendors first appeared on Ray Law Firm.
]]>The post 5. Harnessing the Power – Vendor Presentations first appeared on Ray Law Firm.
]]>The manner in which a vendor presentation is received can make a significant difference in the final outcome. The simplest and most convenient method is to have each vendor send in his written presentation and then let the group make its selection based upon what it perceives to be the most favorable. At the other end of the spectrum is to have each vendor come before the entire group and make a face-to-face presentation to the members of the group. Typically, three vendors would be selected to make their presentation, each having about 30 minutes of the group’s undivided attention. While this method is less convenient and more time consuming for all concerned, it is likely to yield better results than if no such meeting had taken place. A vendor will probably put more effort into its proposal if it knows it is going to have to face the group in person. There is also something about a vendor seeing his competitors in the hallway waiting for his presentation to be completed, so that they can have their turn. Extra concessions are more likely to be given on the spot, during a face-to-face meeting. Furthermore, as the members have a chance to ask the vendors questions, they can get a better feel for which one will best serve the group. Sometimes price point is not the final determining factor. Shipping performance, quality of goods, service and other factors enter into the equation as well. The members can discuss all of these factors as they deliberate which vendor to select. Some groups choose to do more than have only written proposals submitted, but to do less than have the vendors meet in front of the entire group. Instead, they may elect to have the vendors make their presentations in person either to the full-time staff of the group or to a special committee selected from the membership of the group. The staff member or the committee would then make their analysis of the proposals and present them to the membership for a discussion and a vote.
For the competitive process to be fair, even-handed and productive in the long term, absolute confidentiality is a must. If the members begin discussing proposals of a vendor with its competitors, the other vendors can gain an unfair advantage. If a vendor has reason to doubt that his highly confidential and proprietary information will not be kept sacrosanct by the group, he is going to be less likely to put forth his best proposal. On the other hand, if the group is close to deciding on a vendor but its proposal falls short in a few areas in light of the proposals made by the vendor’s competitors, there is nothing wrong with pointing out to that vendor where he needs to strengthen his proposal in order to win the bid. One advantage of having the vendors at your meetings when these proposals are being considered is that often additional concessions can be obtained from them during breaks, cocktail receptions and dinners. They know their proposal will be voted on while they are at the meeting and will feel the pressure to give their best offer.
The next installment in this series will discuss additional measures the group can take to increase the rewards to their membership.
TO BE CONTINUED
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]]>The post Beware of spoofed calls that impersonate the USPTO first appeared on Ray Law Firm.
]]>If you receive a call from someone you suspect is a scammer, do not give them any personal identifying or payment information. The USPTO will never ask for your personal or payment information over the phone.
If you suspect that you have received a spoofed call:
Learn more about what to do if you’ve been scammed and how you can protect yourself.
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]]>The post Reasons Why Small Businesses Should Join a Buying Group first appeared on Ray Law Firm.
]]>Group purchasing organizations (GPOs) and cooperative purchasing alliances are other names for buying groups. They provide independent companies like yours with a way to compete on an equal footing with larger rivals. By pooling their members’ purchasing power, a buying group negotiates deals on the company’s behalf to provide it with better prices on products and advantages that are frequently only available to the “big brands.” They level the playing field and assist smaller companies in pricing competition while maintaining profitability. Working with buying groups allows you to use your combined purchasing power to get the required goods at lower costs. As a result, you continue to provide competitive prices to larger businesses.
Well, suppose you think such financial help is not enough to google how to start a buying group. In that case, we have another remarkable benefit of joining a buying group: “no outside interference.” In a buying group, your business may be encouraged to change its purchasing patterns to support the group’s preferred vendors, so that you can buy much more cheaply. But they will not tell you how to operate your business or attempt to tell you what prices you should charge. They know that you are the one who best knows how to run your business.
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]]>The post Domain Name and Basics of the Dispute Process first appeared on Ray Law Firm.
]]>Usually, domains are into two parts or levels, Top and Second. For instance, in www.Youtube.com, “.com” is the top-level domain, and “YouTube” is the second-level domain. It is possible to acquire such domains from a licensed registrar for a short period of time. However, you cannot buy already registered domains until they expire. Such situations can cause domain name disputes.
These conflicts typically include the domain name registrant and a third party who wants to dispute the registration. For example, an existing company with a well-recognized name files a dispute over the use of its name as a website domain by another person. In such a situation, the organization or an individual must file a complaint with the appropriate service provider to challenge the registration.
The Internet Corporation for Assigned Names and Numbers, or ICANN, published an interim specification for GTLD (generic top-level domains) registration data in 2018 to help clarify the guidelines for domain name disputes. According to them, In order to contest for a domain name based on trademark ownership, some new rules and regulations must be followed. However, a dispute must can be solve by the following three methods.
Not following any of the methods can result in domain cancellation.
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]]>The post Examination guide issued on new deadline to respond to office actions for trademark applications first appeared on Ray Law Firm.
]]>The post Examination guide issued on new deadline to respond to office actions for trademark applications first appeared on Ray Law Firm.
]]>The post USPTO and U.S. Copyright Office request public comments and announce public roundtables for joint study on NFTs and IP first appeared on Ray Law Firm.
]]>This joint study is being conducted pursuant to the agencies†ongoing work to analyze the impacts of NFT technologies on IP rights, law, and policy and pursuant to a request from the Senate Judiciary Subcommittee on IP. The FRN seeks public input from all interested parties to inform the study, including those from the IP and technology industries and academia.
Read the full text of the notice.
The post USPTO and U.S. Copyright Office request public comments and announce public roundtables for joint study on NFTs and IP first appeared on Ray Law Firm.
]]>The post USPTO suspends accounts engaged in foreign sponsorship scam first appeared on Ray Law Firm.
]]>Our review of filing data found sponsoring attorneys that abused the USPTO.gov sponsorship tool by sponsoring non-U.S. licensed foreign attorneys and non-attorneys. Their suspension orders are listed on the orders issued by the Commissioner for Trademarks webpage.Â
Solicitations and sponsorship scamsÂ
Weâ€ve learned that numerous foreign filing firms are soliciting U.S.-licensed attorneys to try to scam the USPTO by:Â
Beware of this solicitation scheme and its consequences.Â
What to doÂ
Weâ€d like to know about these solicitations. Please report them to TMScams@uspto.gov. If anyone knows of an attorney who is allowing others to use their information or signature, or is sponsoring a USPTO.gov account for someone who is not the attorneyâ€s support staff, contact the Office of Enrollment and Discipline (OED) by emailing OED@uspto.gov.Â
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]]>The post USPTO adds key executives to leadership team first appeared on Ray Law Firm.
]]>Shirin Bidel-Niyat was recently elevated to Chief of Staff. Previously as a Senior Advisor, Ms. Bidel-Niyat worked closely with Director Vidal on advancing Biden Administration priorities through cross-agency collaboration and initiatives to make positive impact both for external stakeholders and within the agency. Before joining the USPTO in 2021, Ms. Bidel-Niyat held a variety of roles as a political strategist with 18+ years of expertise branding issue and electoral campaigns. Most recently she served as the Associate Director for the American Federation of State, County, and Municipal Employees (AFSCME), one of the nationâ€s largest labor unions, directing legislative and electoral campaigns across the country on behalf of workers.
Russell Lopez joins the agency as its Chief Communications Officer (CCO), effective immediately. Prior to joining the USPTO, Mr. Lopez served as communications director for the California State Lottery, a position to which he was appointed by former Governor Jerry Brown. He began his 18 years of California public service as a senior deputy press secretary for former Governor Gray Davis and served as communications director for the Office of the State Controller. Before his career as a public servant, Mr. Lopez worked for a decade as an anchor/reporter for several California TV stations. Mr. Lopez brings with him decades of experience that enable him to work in and with the USPTO to expand innovation, including into underrepresented communities and help those communities find the resources to protect and benefit from that innovation.
Dede Zecher was recently promoted to Chief Advisor to the Director. A 15-year veteran of the agency, Ms. Zecher has worked in the Office of the Under Secretary since 2019 and helped lead the Agency through the transition period as the Acting Chief of Staff. She has collaborated on multiple projects including the development of initiatives outlined in the SUCCESS Act Report, the Public Advisory Committee nomination process, the coordination of COVID-19 relief, and the USPTO’s 2019 Revised Patent Subject Matter Eligibility Guidance. Ms. Zecher joined the USPTO as a patent examiner in 2006.
“I am so thrilled and fortunate that Shirin, Dede, and Russ have agreed to serve as part of my senior team, and Iâ€m excited for what we will accomplish together on behalf of the American people,†said Under Secretary of Commerce for Intellectual Property and USPTO Director Kathi Vidal. “They are each uniquely skilled, smart, and are incredible assets to our agency and our country. They will work with Deputy Director Brent and me, and the rest of our great team here at the USPTO, to move our agency forward as we foster inclusive innovation, enhance economic prosperity, and work as a catalyst to solve world problems.â€
“Iâ€m excited to roll up my sleeves and work with this great leadership team on behalf of Americaâ€s innovators,†said Deputy Under Secretary of Commerce for Intellectual Property and Deputy Director of the USPTO Derrick Brent. “I know we will do great things together.â€
For more bios of USPTO executives, visit the USPTO website.
Stay current with the USPTO by subscribing to receive email updates. Visit our Subscription Center at www.uspto.gov/subscribe.
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]]>The post July 28 webinar: Quarterly legislation and case law update on IP in China first appeared on Ray Law Firm.
]]>This free one-hour program will provide an opportunity for IP attorneys, businesses, inventors, brand owners, and other IP stakeholders to access a unique and concise source of information about recently implemented IP-related measures and legal cases.
Topics to be covered will include:
The webinar will take place Thursday, July 28, from 1-2 p.m. ET. For more information and to register, visit the event page on the USPTO website.
The post July 28 webinar: Quarterly legislation and case law update on IP in China first appeared on Ray Law Firm.
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