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What legal rights do I have as a sign owner?

In summary, you have the right to display a sign that conspicuously and legibly identifies your business. Your right to business identity is protected by the United States Constitution, federal laws, state laws, and important legal principles established through litigation. Briefly, these protections include:   
1. The United States Constitution - the First, Fifth and Fourteeth Amendments (Additional detail is provided in the “Legal Considerations” section through the link provided below.) 
2. The Highway Beautification Act. This Act regulates the location and types of signs that are allowed along the nation’s highways.
   • On-premise business signs and electronic variable message signs are among those exempted in the Act.

    

3. The Lanham Act. A federal Act that deals with trademark protection.
   • A federal appeals court in California has interpreted the Lanham Act as prohibiting a city from requiring that a federally registered and protected logo mark or name on a sign be altered as a condition of approval for a sign permit. As a result, in nine western states — including Arizona, California, Nevada, Oregon & Washington — a city or county may not force the user of a registered trademark to change the color, typeface, or design of the mark to comply with local ordinances or design criteria. However, the federal appeals court for the states of Connecticut, New York and Vermont, has interpreted the Lanham Act as allowing local government sign codes in those states to require the alteration of a federally protected mark. Outside of the states mentioned, the law is still unsettled on this issue, and a business owner who is asked to alter the federally protected mark on a sign should contact legal counsel.
   • There are also state trademark laws that offer similar protections in varying degrees.

    

4. Copyright and patent protections. Your original ideas (i.e. logos, sign design, etc.) can and should be legally protected by copyrights and patents, as appropriate.
Source: SBA

 

 

How do I effectively “brand” my business location?

 As a business owner, one of the primary goals of your signage is to create “brand” recognition for your business in the community. National companies use their signage, architecture, and logos in every type of advertising they do, thereby reinforcing their corporate image and creating a “top-of-the-mind awareness” with consumers worldwide.

To do this, use your company logo or graphic on all of your signs, stationery, uniforms, company property, vehicles, etc. Repeated viewing of your company’s logo, especially on your sign, will help “brand” your business and location, and create “top-of-the-mind” awareness for your existing and potential customers.

Source: SBA

Do I need a lighted sign?

Yes, we no longer live in a 9-to-5 society, and people will drive past your business location 24 hours a day. With a lighted sign, you have an opportunity to communicate with your existing and potential customer, even when your business is closed.

Large corporations create “top of the mind awareness” when they constantly and consistently present their name, corporate logos, and products until their name becomes a household word and their corporate logos or graphics become synonymous with the corporation’s name. With a lighted sign on display 24 hours a day, the small business owner has the opportunity to create a “top of mind awareness” in their local community.

Source: SBA

What should my signage say?

A successful sign will communicate effectively and concisely. Therefore, here are some general guidelines:

In as few words as possible, clearly communicate what you are selling.

A picture depicting your product or service adds impact and clarity.

Present the image you want to project that will attract customers and entice them to stop, shop, and buy.

Determine the best sign type, size, colors, and placement, keeping in mind what the sign will look like from the street and sidewalk. The proper design of your sign is critical to its effectiveness.

Crowding the sign with too many words or lines of text makes it impossible to read from a distance. Use as few words as possible. In general, not more than 5-7 words, with 3-5 being ideal.

Don’t try to sell your customers with the sign — save that type of information until they are in your place of business.

People are looking through a windshield, in traffic, day and night and in all types of weather. Help your customers both see andread your sign easily.

Source: SBA

What is the most effective sign for my business?

The answer here will vary somewhat depending on your business, location, and other factors. In general, following these guidelines will increase the effectiveness of your sign.

o The best sign for your business is a sign that will attract the most customers and project the image you desire.

o Your sign must be visible and easy to read for people who are driving and walking past your business.

o Your sign must be attractive and appropriate for your type of business.

o A sign will serve to remind existing customers of your business and location, and provide new customers with a valuable visual indicator about the products or services you offer.

o Your sign should be as large as allowable for your location.

Source: SBA

Why do I need a sign for my business?

There are many reasons, the most primary of these being:

• Signs are the most effective, yet least expensive, form of advertising for the small business.
• A sign is your introduction and handshake with those passing by, identifying your business to existing and potential customers.
• Signs are always “on the job” for you, advertising 24 hours a day, 365 days a year.
• People often judge a business by how it looks on the sign.
• Many merchants increase their business measurably just by adding a good sign. Conversely, many have gone out of business because they simply were not identified well, so not enough potential customers knew of their existence. As one sign industry professional put it, “A business without a sign is a sign of no business.“
• We live in a mobile society. According to the United States Census Bureau, 18% of households relocate each year. As your customers move, you need to replace them by attracting new customers.

Source: SBA

5 Tips on Good Business Signage

1. Think of a business sign as a form of communication. You want it to get your message across.
2. Be sure it’s large enough to read. Consider the speed of local traffic and the time in which it must be read.
3. Make it short and simple.
4. Provide ample lighting so it can be read at night.
5. Change it from time to time to renew potential customers’ interest.

Source: Entrepreneur magazine

Keep it visible and legible

LESS  is MORE! By keeping your message short, your sign is easier to see and read.

Why Use Signage?

Introduction

“Why should I have a sign?” is a question often asked by business owners. The answer will vary depending on your business type and format. In a highly impulse oriented business, good signage can be the difference between the success or failure of the business. The profile of your trade area also impacts your signage needs. Good signage can increase a business’s opportunity for success.

Signs are the most affordable means of advertising for many businesses, and most businesses -new or not — don’t have a dollar to waste. The United States Small Business Administration Bulletin Number 101 on signage for businesses says, “…signs are the most effective, yet least expensive form of advertising for the small business.” What’s more, signs are always on the job for you, advertising 24 hours a day, 365 days a year.

This section introduces the term “on-premise” sign, as well as presents information that supports why a business must have an on-premise sign to be to most successful. So, what is an “on-premise” sign, and why the focus on that particular type? An on-premise sign is:

“A communication device whose message and design relates to a business, an event, goods, profession, or service being conducted, sold, or offered on the same property as where the sign is erected.“

 

Simple enough, and there are dozens of examples of the many types of on-premise signs in our “Types of Signs” and “Sign Gallery” sections for your review. Before you go to either section, however, we recommend you complete this section by following these next links to review additional information that helps answer the question “Why Should I Have a Sign?

Compelling Reasons to Consider an On-Premise SignClarity. It’s one of the ingredients that leads to our greatest success, in business or otherwise.

For Communicating with a Highly Mobile Society . . .

• The U.S. society is very mobile, consumer oriented and communication driven. Your on-premise business signs function as an optimum advertising and marketing device in this environment, offering both affordability and availability with excellent return on investment.
• In the U.S, there are on average 1.35 occupants per car, and each car travels about 15,000 miles per year. In addition, about 40 million Americans move annually to a new home. All this mobility means your effective sign captures large viewing audience.
• Approximately 95% of retail business occurs on site (or is place-based). Because of our mobility as a society, streets and highways provide a premiere communication opportunity. As consumers pass by your place of business, the right on-premise signs will attract and direct the consumers when they are ready to make a decision or purchase.

To Affect Purchasing Decisions . . .

• Your sign is the only indicator that you are there, and would like the customers’ patronage.
• Without adequate signage, potential customers will not notice your business. These easily lost customers may represent the percentage of business you need to become profitable.
• Shopping habits can be changed with effective signage. Pricing and/or availability information can shift the choice of a consumer’s purchases or prompt an unplanned stop. Signs are the ideal choice for place (or point) of purchase information.
• Nearly all businesses rely on impulse visits or purchases to maintain profitability. Those most dependent on impulse stops include gasoline stations, value oriented motels, and quick-service-food sites. For the national franchiser or chain, on-premise signage reinforces all other media advertising, and maximizes advertising effectiveness at a low cost.

To Brand your Business and/or Site, and to Leverage Your Advertising . . .

• Even if you aren’t part of a national franchise or chain, backed by major media advertising to increase recall and recognition of your sign, the right sign can “brand” your site in your local trade area. If appropriately designed and placed, your sign will develop top-of-mind awareness of your product or service in all who routinely pass by.
• The right sign can turn even a non-descript site into one that is distinctive and “branded.” Sometimes a sign is the only indication that your business is there. In such cases, your sign should be the focal point of your building façade or street frontage exposure. Such signcentric site development and design will catch attention and lead consumers from the street to your door.
• If your business lacks good street visibility, but is next to a freeway or major highway, a high-rise sign can function like an outdoor advertising structure by providing multiple street frontages. An optimally visible high-rise sign will increase the potential market exposure of any retail site.
• Because of enhanced sign technology, sign faces can be easily changed or retrofitted to match evolving economic marketing circumstances. Increasingly, signage requirements are met by use of variable copy electronic message units. New developments in lighting, plastics, and paint mean signs can now achieve the same visual effect as four-color magazine advertising.
• Your sign design can be copyrighted. This not only protects your design, but also increases the sign’s value as a commercial asset, particularly with respect to the “goodwill” it represents.
• Most communities wish to remain attractive while encouraging business activities. The advances in sign design and technology mean that, via signage, you can communicate effectively to potential customers in a way that enhances both your site and the community at large.

In summary . . . .

There are many solid, measurable reasons to obtain an effective on-premise sign for your business, and the bottom line is that your business’ success depends on it.

Source: Small Business Administration