Ellakisha O’Kelley created Scire De Jure Legal Firm LLC to help others learn about trademarking their businesses and intellectual property. Meaning “to know by the rightful claim,” SDJ empowers its clients with legal knowledge regarding their rightful claims in business transactions in sports, contracts, intellectual property, realty, and entertainment.
With O’Kelley using her experience as a former track athlete, she knows what her clients need and how to start a business and protect your name.
What should people know about intellectual property?
A lot, especially those who have been culturally conditioned not to know about it. We strive so much to work hard to provide products and services; we have to work day in and day out to do that, but the intellectual property will work for itself. One thing that individuals should know is that you have intellectual property, and that’s your asset that’s separate from any product or service you can ever offer. So your brand, your trademark, your logo, and any content, once you license them and protect them at a federal level, it speaks volumes. One, it speaks volumes to investors because if they want to invest, what is the return on their investment, and what are the risks? When they see that you’re taking it seriously, that’s another language, but also, again, you can slice and dice that. You can license your intellectual property, and it’s just making money while you are doing everything else.
What is the common mistake that people make when it comes to intellectual property and trademarking?
The number one mistake is when we hear a name, we start a business, and we come up with something that we feel is catchy. We’re like, “Oh, we like that,” and we just roll with it. We’re then building our business four or five years out on that name when somebody else’s is already coexisting. So someone else’s coexisting, and when you do go to try to federally protect it, you may be stopped, or you may have to coexist with another brand. Still, you only can operate geographically in certain areas. One of the biggest mistakes is not doing the due diligence to see if that catchy name is the best scenario for your business.
What should be the first step people take when starting a business?
The first step is just to do research. A lot of times, we don’t do that. Before I even get to the first step that you should build a team, let’s not even go there yet. If it’s just you and your team right now, we have to do our due diligence and research in all ways. Just like you’re starting a business, you’re researching that target market and also researching those names: “I have this name. Let me see if something’s out there that’s the same or similar.”
You can do that on your own. If you see that, then you don’t even think, “Maybe if I spell it differently.” Say someone has “Big Dog,” but I tried to get fancy and put “Byog Dawg,” it doesn’t matter. When you go to federally protect that with an attorney, they’re looking if it’s the same or similar. If someone was not to see your word or brand, would they think it’s the same? You pronounce it big dog, and they pronounce it big dog, and you spell it differently, but they don’t know unless they see it.
So, just being educated on the basics. What is a trademark? Let me research that. From there, I will say build your team. I know a lot of people get intimidated, especially when you talk about certain people on your team like attorneys. But you have to also do your research to see what attorneys are best for you. Attorneys are not one size fits all. For myself, I offer several options, but I’m a former professional athlete, and I know what I needed then and what I couldn’t find, so I am who I needed. You have to see if those individuals are out there. I offer subscriptions, and I offer so many options to fit your scenario to make sure you at least have legal on your team. [Still,] you have to do the due diligence to see what’s out there.
