WEBVTT 1 00:00:00.000 --> 00:00:05.000 Howdy, howdy. 2 00:00:05.000 --> 00:00:09.000 Hi, Jimmy, how are you today? 3 00:00:09.000 --> 00:00:10.000 We're so good. 4 00:00:10.000 --> 00:00:11.000 I'm doing well. 5 00:00:11.000 --> 00:00:12.000 How about yourself? 6 00:00:12.000 --> 00:00:14.000 Fantastic. 7 00:00:14.000 --> 00:00:15.000 Fantastic. 8 00:00:15.000 --> 00:00:21.000 Indeed. 9 00:00:21.000 --> 00:00:22.000 Good morning. 10 00:00:22.000 --> 00:00:24.000 Good morning. 11 00:00:24.000 --> 00:00:26.000 I'm going to pop that out. 12 00:00:26.000 --> 00:00:28.000 The chat over here. 13 00:00:29.000 --> 00:00:32.000 Let's see it. 14 00:00:32.000 --> 00:00:36.000 So excited to see everybody today. 15 00:00:36.000 --> 00:00:41.000 So excited to hear 16 00:00:41.000 --> 00:00:48.000 how everyone is loving, loving, loving the challenge. 17 00:00:48.000 --> 00:00:50.000 Get everybody in. 18 00:00:50.000 --> 00:00:56.000 Busy day yesterday. 19 00:00:56.000 --> 00:00:58.000 So many people. 20 00:00:58.000 --> 00:01:00.000 I want to see the gallery. 21 00:01:00.000 --> 00:01:03.000 It's going to be there. 22 00:01:03.000 --> 00:01:05.000 We have Jimmy on camera. 23 00:01:05.000 --> 00:01:08.000 Love to see your shiny faces. 24 00:01:08.000 --> 00:01:10.000 Understand you're probably situating yourselves. 25 00:01:10.000 --> 00:01:13.000 We welcome you. 26 00:01:13.000 --> 00:01:15.000 Get your learning utensils ready again. 27 00:01:15.000 --> 00:01:16.000 Hi, Lois. 28 00:01:16.000 --> 00:01:25.000 Hi, Mary. 29 00:01:25.000 --> 00:01:26.000 Hi, Peter. 30 00:01:26.000 --> 00:01:28.000 Hi, Lois. 31 00:01:28.000 --> 00:01:31.000 Hi, Jimmy. 32 00:01:31.000 --> 00:01:34.000 I would love to hear how 33 00:01:34.000 --> 00:01:37.000 day one is always amazing. 34 00:01:37.000 --> 00:01:39.000 I always learn something. 35 00:01:39.000 --> 00:01:44.000 Always learning. 36 00:01:44.000 --> 00:01:49.000 I've heard it take seven times hearing something for it to be part of your long-term memory. 37 00:01:49.000 --> 00:01:52.000 We've got to play things on repeat. 38 00:01:53.000 --> 00:01:58.000 We're so excited you guys are doing your lives and posting. 39 00:01:58.000 --> 00:02:01.000 If you would like to share something wonderful, 40 00:02:01.000 --> 00:02:05.000 amazing that you got from yesterday 41 00:02:05.000 --> 00:02:08.000 that you're going to start implementing maybe in your business, 42 00:02:08.000 --> 00:02:11.000 anyone you want to share for us right away? 43 00:02:11.000 --> 00:02:14.000 People are coming in. 44 00:02:14.000 --> 00:02:19.000 We have brave Jimmy on camera. 45 00:02:20.000 --> 00:02:23.000 I'm going to go ahead and share my screen. 46 00:02:23.000 --> 00:02:26.000 Awesome. 47 00:02:26.000 --> 00:02:29.000 Other than all the information 48 00:02:29.000 --> 00:02:32.000 that Peter 49 00:02:32.000 --> 00:02:35.000 conveyed to us yesterday, 50 00:02:35.000 --> 00:02:38.000 I was overwhelmed by the support I got from the group. 51 00:02:38.000 --> 00:02:41.000 When I went live, 52 00:02:41.000 --> 00:02:44.000 I got really good support from the group 53 00:02:44.000 --> 00:02:47.000 on my live saying have you thought of this? 54 00:02:48.000 --> 00:02:51.000 I didn't expect that kind of support. 55 00:02:51.000 --> 00:02:54.000 Other than the information, 56 00:02:54.000 --> 00:02:57.000 which is a little overwhelming, 57 00:02:57.000 --> 00:03:00.000 you do have to listen to it more than once 58 00:03:00.000 --> 00:03:03.000 to ferret out what is important for you 59 00:03:03.000 --> 00:03:06.000 versus what is not currently. 60 00:03:06.000 --> 00:03:09.000 I really did feel pretty blessed 61 00:03:09.000 --> 00:03:12.000 to get that kind of support from the rest of the group. 62 00:03:12.000 --> 00:03:15.000 I just wanted to make sure I said that. 63 00:03:16.000 --> 00:03:19.000 Thank you. 64 00:03:19.000 --> 00:03:22.000 That is the beauty of community. 65 00:03:22.000 --> 00:03:25.000 It is why we use Facebook. 66 00:03:25.000 --> 00:03:28.000 It is a private group. 67 00:03:28.000 --> 00:03:31.000 As we learn together, 68 00:03:31.000 --> 00:03:34.000 we can do that sharing. 69 00:03:34.000 --> 00:03:37.000 Your openness has helped elevate you. 70 00:03:37.000 --> 00:03:40.000 Thank you for sharing that. 71 00:03:40.000 --> 00:03:43.000 Good information. 72 00:03:44.000 --> 00:03:47.000 Thank you to the group and each other. 73 00:03:47.000 --> 00:03:50.000 Little secret, 74 00:03:50.000 --> 00:03:53.000 we have previous challenge members 75 00:03:53.000 --> 00:03:56.000 who are also invited 76 00:03:56.000 --> 00:03:59.000 that are helping as well. 77 00:03:59.000 --> 00:04:02.000 In community, 78 00:04:02.000 --> 00:04:05.000 we learn better in interactions. 79 00:04:05.000 --> 00:04:08.000 I so appreciate that. 80 00:04:08.000 --> 00:04:11.000 Thanks for sharing, Jimmy. 81 00:04:12.000 --> 00:04:15.000 Thank you. 82 00:04:15.000 --> 00:04:18.000 That is it for today. 83 00:04:18.000 --> 00:04:21.000 We are reflecting on day one 84 00:04:21.000 --> 00:04:24.000 and what you have learned. 85 00:04:24.000 --> 00:04:27.000 I would love to hear from anyone else. 86 00:04:27.000 --> 00:04:30.000 Raise your hand if you would love to share 87 00:04:30.000 --> 00:04:33.000 something you learned. 88 00:04:33.000 --> 00:04:36.000 I have to implement this 89 00:04:36.000 --> 00:04:39.000 from my business. 90 00:04:39.000 --> 00:04:42.000 Let me get you spotlighted. 91 00:04:42.000 --> 00:04:45.000 Unmute yourself. 92 00:04:45.000 --> 00:04:48.000 It was more like, 93 00:04:48.000 --> 00:04:51.000 just to say this, 94 00:04:51.000 --> 00:04:54.000 I got online years ago 95 00:04:54.000 --> 00:04:57.000 and went through a bunch of tutorials 96 00:04:57.000 --> 00:05:00.000 for trademarking and etc. 97 00:05:00.000 --> 00:05:03.000 I got online years ago 98 00:05:00.000 --> 00:05:06.280 And it does not compare with just this one day with you guys. 99 00:05:03.000 --> 00:05:06.000 and went through a bunch of tutorials 100 00:05:06.280 --> 00:05:10.560 So it was, you know, it's dry information. 101 00:05:10.560 --> 00:05:12.560 There's no interaction. 102 00:05:12.560 --> 00:05:14.720 There's no aha moments. 103 00:05:14.720 --> 00:05:16.440 It's just, okay, okay, okay. 104 00:05:16.440 --> 00:05:18.880 You know, this is so different. 105 00:05:18.880 --> 00:05:24.000 It was things that I would have loved to have asked them back then, 106 00:05:24.000 --> 00:05:29.120 if they had had that available, would have changed things that I did. 107 00:05:29.720 --> 00:05:35.720 And right now I'm just like, boy, do I need to hire Peter Nielsen? 108 00:05:35.720 --> 00:05:39.440 And I know he says we can hire anybody, but you know, once you know somebody, 109 00:05:39.440 --> 00:05:44.080 you're like, yeah, why would I go with some stranger that, yeah. 110 00:05:44.080 --> 00:05:53.040 So that's, it's just huge to realize there's too many things for me to list 111 00:05:53.040 --> 00:05:55.800 that my business, I went, okay, okay. 112 00:05:55.800 --> 00:05:56.760 Oh, we did good there. 113 00:05:56.760 --> 00:06:01.560 But, oh, oh, oh, oh, just, yeah. 114 00:06:01.560 --> 00:06:04.800 Very grateful. 115 00:06:04.800 --> 00:06:06.280 Spectacular. 116 00:06:06.280 --> 00:06:06.880 Spectacular. 117 00:06:06.880 --> 00:06:09.920 Thank you for sharing that. 118 00:06:09.920 --> 00:06:10.960 We went deep. 119 00:06:10.960 --> 00:06:12.240 We went deep yesterday. 120 00:06:12.240 --> 00:06:14.640 We went a lot deeper than we thought on day one. 121 00:06:14.640 --> 00:06:18.880 Peter was saying like, wow, this is a fantastic group of people 122 00:06:18.880 --> 00:06:23.320 who really know what they're bringing to the table as far as their own businesses. 123 00:06:23.320 --> 00:06:26.320 And that is so valuable, Connie. 124 00:06:26.320 --> 00:06:26.960 It really is. 125 00:06:26.960 --> 00:06:30.640 Thank you for reflecting on that for someone who's like a veteran in business 126 00:06:30.640 --> 00:06:35.400 and having to deal with trademarks and the like. 127 00:06:35.400 --> 00:06:36.280 So we found that. 128 00:06:36.280 --> 00:06:37.880 Thank you for your share. 129 00:06:37.880 --> 00:06:38.680 Hey, everybody. 130 00:06:38.680 --> 00:06:40.080 How are you doing? 131 00:06:40.080 --> 00:06:41.520 How are you? 132 00:06:41.520 --> 00:06:43.760 You guys good? 133 00:06:43.760 --> 00:06:44.840 Yeah? 134 00:06:44.840 --> 00:06:45.920 You're not overwhelmed? 135 00:06:45.920 --> 00:06:49.080 Yeah? 136 00:06:49.080 --> 00:06:50.880 We're going to go, it's funny. 137 00:06:50.880 --> 00:06:55.560 I was, I was going through some of the video stuff as I was editing it. 138 00:06:55.560 --> 00:06:57.720 And I was thinking about this class. 139 00:06:57.720 --> 00:06:59.120 I've done this a number of times. 140 00:06:59.120 --> 00:07:03.680 This is probably the deepest class that we've had. 141 00:07:03.680 --> 00:07:07.360 Meaning these are a lot of people that are already doing things. 142 00:07:07.360 --> 00:07:12.000 Like you guys are, a lot of you have been doing this for multiple years. 143 00:07:12.000 --> 00:07:13.320 And you're fixing things. 144 00:07:13.320 --> 00:07:15.640 Like you're just kind of tweaking this, tweaking that. 145 00:07:15.640 --> 00:07:17.080 And you're going, oh my gosh. 146 00:07:17.080 --> 00:07:19.720 So I want to take a moment first to celebrate you. 147 00:07:19.720 --> 00:07:20.920 Number one, that you're here. 148 00:07:20.920 --> 00:07:25.920 But number two, that, remember, you're issue spotting things. 149 00:07:25.920 --> 00:07:30.320 So you're seeing things that are wrong, things you need to change. 150 00:07:30.320 --> 00:07:32.200 But don't panic. 151 00:07:32.200 --> 00:07:32.720 OK? 152 00:07:32.720 --> 00:07:33.440 It's OK. 153 00:07:33.440 --> 00:07:34.720 It's OK. 154 00:07:34.720 --> 00:07:39.120 I mean, I had somebody in a challenge two times ago. 155 00:07:39.120 --> 00:07:41.440 Not the last one, but the one before. 156 00:07:41.440 --> 00:07:42.680 She called me up. 157 00:07:42.680 --> 00:07:46.640 And she says, I need to change the company, the products, the services, 158 00:07:46.640 --> 00:07:47.560 the packaging. 159 00:07:47.560 --> 00:07:49.200 I've got to change this and that. 160 00:07:49.200 --> 00:07:50.960 And so I said, OK, hold it. 161 00:07:50.960 --> 00:07:52.640 So which one are we going to do first? 162 00:07:52.640 --> 00:07:54.640 She says, I haven't gotten that far. 163 00:07:54.640 --> 00:07:57.640 I was like, all right, well, let's back up. 164 00:07:57.640 --> 00:07:59.120 Let's start with one thing. 165 00:07:59.120 --> 00:07:59.880 That's all. 166 00:07:59.880 --> 00:08:03.760 So what's happening is you're realizing things that need to be modified. 167 00:08:03.760 --> 00:08:05.240 And that's great. 168 00:08:05.240 --> 00:08:06.040 That's knowledge. 169 00:08:06.040 --> 00:08:07.000 That's wisdom, right? 170 00:08:07.000 --> 00:08:08.040 That's what we're seeking. 171 00:08:08.040 --> 00:08:11.720 We're seeking knowledge and wisdom that we can implement into our businesses 172 00:08:11.720 --> 00:08:15.520 so as to be on a solid foundation so that we can grow and take off. 173 00:08:15.520 --> 00:08:17.720 Because what we don't want to do is grow and take off. 174 00:08:17.720 --> 00:08:20.760 And then all of a sudden, bam, hit a wall 175 00:08:20.760 --> 00:08:23.840 where we realize the stuff that we were doing belongs to somebody else. 176 00:08:23.840 --> 00:08:26.240 Now we go back and we start over. 177 00:08:26.240 --> 00:08:28.080 That's not happening to you guys. 178 00:08:28.080 --> 00:08:29.240 We're not allowing that. 179 00:08:29.240 --> 00:08:33.480 We say, no, we're going to do this right, right off the bat, OK? 180 00:08:33.480 --> 00:08:37.760 So if you're finding that you need to modify things, it's OK. 181 00:08:37.760 --> 00:08:40.120 We just take it one day at a time. 182 00:08:40.120 --> 00:08:43.559 You know, it's kind of like realizing, oh, I need to take this vitamin. 183 00:08:43.559 --> 00:08:47.600 OK, so now you add the vitamin and you start modifying things, OK? 184 00:08:48.600 --> 00:08:52.240 Some of you are going to be implementing things over a few days, 185 00:08:52.240 --> 00:08:55.560 few weeks, few months, and that's OK. 186 00:08:55.560 --> 00:08:58.400 Don't feel like, oh, I've done everything wrong. 187 00:08:58.400 --> 00:09:00.000 It's all right. 188 00:09:00.000 --> 00:09:04.240 I've gotten some pings from some people who are almost in emergency mode 189 00:09:04.240 --> 00:09:06.880 because they're panicking, and it's OK. 190 00:09:06.880 --> 00:09:08.480 Yesterday was the same day. 191 00:09:08.480 --> 00:09:10.120 It's just that you have more knowledge now. 192 00:09:10.120 --> 00:09:11.880 So it's no different. 193 00:09:11.880 --> 00:09:13.760 Now it's even better, OK? 194 00:09:13.760 --> 00:09:16.640 All right, with that being said, 195 00:09:16.640 --> 00:09:19.280 if you haven't been in a Facebook group, 196 00:09:19.280 --> 00:09:22.600 I put something in there that I thought was hilarious. 197 00:09:22.600 --> 00:09:25.680 Your comments are just hilarious. 198 00:09:26.000 --> 00:09:28.200 So I posted this guy. 199 00:09:28.200 --> 00:09:30.600 He's all excited about day two, right? 200 00:09:30.920 --> 00:09:32.120 And I looked at that. 201 00:09:32.120 --> 00:09:36.200 I was using Canva to create this, and he just looked too happy. 202 00:09:36.240 --> 00:09:39.600 Like I'm saying, what actually made this guy that happy? 203 00:09:39.600 --> 00:09:41.200 Like, did he just get a new puppy? 204 00:09:41.200 --> 00:09:43.480 Like, why is he so happy? 205 00:09:43.480 --> 00:09:45.080 And so I published in there. 206 00:09:45.080 --> 00:09:47.680 I said, you know, are you guys ready for day two? 207 00:09:47.680 --> 00:09:49.400 He is. Look how happy he is. 208 00:09:49.400 --> 00:09:51.840 And then I said, OK, he looks too happy. 209 00:09:51.840 --> 00:09:55.280 So the first gift that we're going to have, 210 00:09:55.560 --> 00:09:58.640 I'm going to give away at midnight tonight because I stay up late. 211 00:10:00.000 --> 00:10:03.440 So go in the Facebook group and write in 212 00:10:03.440 --> 00:10:05.740 why you think that guy is so happy 213 00:10:05.740 --> 00:10:07.840 because I can't figure it out, all right? 214 00:10:09.200 --> 00:10:11.800 And some of your comments are hilarious. 215 00:10:11.800 --> 00:10:13.520 Like I've been looking at some of your comments 216 00:10:13.520 --> 00:10:16.020 of why you think he's so happy. 217 00:10:16.020 --> 00:10:17.560 There's some really good ones there. 218 00:10:17.560 --> 00:10:19.880 So I'm gonna pick whoever the winner is tonight 219 00:10:19.880 --> 00:10:23.440 and I'll email you a $50 Amazon gift certificate, okay? 220 00:10:24.780 --> 00:10:27.940 All right, and with that, let me take, 221 00:10:27.940 --> 00:10:30.700 I'm just gonna take one more share. 222 00:10:30.700 --> 00:10:33.260 So like kind of like a aha moment 223 00:10:33.260 --> 00:10:36.660 or how you think this challenge is working for you 224 00:10:36.660 --> 00:10:38.500 because the reason why is your feedback 225 00:10:38.500 --> 00:10:39.620 is very important to me 226 00:10:39.620 --> 00:10:42.060 and it's gonna help other people here as well 227 00:10:42.060 --> 00:10:44.640 because I'll know like what's really working for you 228 00:10:44.640 --> 00:10:47.740 and then I'll also know what are the golden nuggets 229 00:10:47.740 --> 00:10:49.580 that are really important to you. 230 00:10:49.580 --> 00:10:52.780 So if there's, let me get one more share from all of you. 231 00:10:52.780 --> 00:10:54.660 I see a lot of names. 232 00:10:56.340 --> 00:10:57.900 Yeah, I see a lot of names. 233 00:10:58.740 --> 00:11:00.460 So just one more person and then we'll get started. 234 00:11:00.460 --> 00:11:03.940 So just raise your virtual hand or raise your real hand 235 00:11:03.940 --> 00:11:05.180 and we'll share one more. 236 00:11:10.500 --> 00:11:11.340 Anybody? 237 00:11:14.140 --> 00:11:15.260 I can't see all the screens. 238 00:11:15.260 --> 00:11:17.160 All right, so I guess we'll just get started then. 239 00:11:17.160 --> 00:11:18.500 Okay, go ahead, Angela. 240 00:11:21.860 --> 00:11:23.580 I did not understand the difference 241 00:11:23.580 --> 00:11:27.180 between a trademark and a copyright. 242 00:11:27.220 --> 00:11:29.720 So that was valuable for me. 243 00:11:31.380 --> 00:11:36.260 I have so much I have to get done in so little time. 244 00:11:36.260 --> 00:11:39.980 So this class is super valuable for me 245 00:11:39.980 --> 00:11:42.540 that I don't start out everything wrong. 246 00:11:44.580 --> 00:11:45.420 That's the most- 247 00:11:45.420 --> 00:11:46.240 That makes a lot of sense. 248 00:11:46.240 --> 00:11:47.080 Yeah. 249 00:11:47.080 --> 00:11:47.900 That makes a lot of sense. 250 00:11:47.900 --> 00:11:51.900 And I can't tell you guys how many emails I got from you 251 00:11:51.900 --> 00:11:53.500 that says I can't tell the difference 252 00:11:53.500 --> 00:11:55.240 between copyright and trademark. 253 00:11:55.240 --> 00:11:56.540 So we're gonna fine tune that. 254 00:11:56.900 --> 00:11:58.980 Remember, tomorrow, we're gonna jump into copyright. 255 00:11:58.980 --> 00:12:01.100 Today, I'm gonna give you some additional information 256 00:12:01.100 --> 00:12:01.940 on copyright. 257 00:12:01.940 --> 00:12:02.860 I'm gonna teach you all the parts 258 00:12:02.860 --> 00:12:05.240 of a copyright application. 259 00:12:05.240 --> 00:12:08.940 Separate from that, I'm going to show you 260 00:12:08.940 --> 00:12:10.900 the searching a little more detail, 261 00:12:10.900 --> 00:12:14.580 show you what it looks like, an actual trademark, 262 00:12:14.580 --> 00:12:17.340 not only the trademark application, trademark searching, 263 00:12:17.340 --> 00:12:20.340 but then I'm gonna show you also the parts of a trademark 264 00:12:21.940 --> 00:12:24.780 laid out in pieces so as to take it very slow with you. 265 00:12:25.780 --> 00:12:27.300 We're gonna make it a little easier today. 266 00:12:27.300 --> 00:12:30.140 Day one, there's a lot of material. 267 00:12:30.140 --> 00:12:34.180 Day two, it can be thick, but then day three gets easier, 268 00:12:34.180 --> 00:12:36.540 four easier, and five easier. 269 00:12:36.540 --> 00:12:38.500 So it's heavy loaded in the beginning 270 00:12:38.500 --> 00:12:41.280 to make sure that you get some of the principles, 271 00:12:41.280 --> 00:12:43.740 and then we'd start applying them and repeating them 272 00:12:43.740 --> 00:12:47.420 and repeating them so that you make sure you understand them. 273 00:12:47.420 --> 00:12:49.900 Ray, you said there was somebody else who had a comment? 274 00:12:49.900 --> 00:12:51.540 Oh, Teresa. 275 00:12:51.540 --> 00:12:52.380 Hey, Teresa. 276 00:12:53.260 --> 00:12:54.100 Let's see. 277 00:12:55.780 --> 00:12:57.260 Can we unmute? 278 00:12:57.260 --> 00:12:58.460 Hello. 279 00:12:58.460 --> 00:12:59.620 Go right ahead. 280 00:12:59.620 --> 00:13:04.620 I really learned a lot yesterday, 281 00:13:06.280 --> 00:13:11.280 and I just got information that I have my 508 now. 282 00:13:12.860 --> 00:13:16.380 I just received all the paperwork for my 508 283 00:13:16.380 --> 00:13:21.380 from Todd and Tamara, and so now I'm official. 284 00:13:21.420 --> 00:13:24.320 I have an EIN number and everything, 285 00:13:25.160 --> 00:13:28.200 and so it's like I'm floored, 286 00:13:28.200 --> 00:13:31.800 but now I know why Satan was attacking me this morning 287 00:13:31.800 --> 00:13:34.040 really, really bad. 288 00:13:34.040 --> 00:13:39.040 So, I mean, I'm like- 289 00:13:39.040 --> 00:13:40.240 Well, congratulations. 290 00:13:40.240 --> 00:13:42.600 Like I said on my video, 291 00:13:42.600 --> 00:13:45.480 I pray the Holy Spirit holds my brain together 292 00:13:45.480 --> 00:13:49.280 because it's like wants to explode. 293 00:13:49.280 --> 00:13:50.600 Yeah. 294 00:13:50.600 --> 00:13:52.080 No, that's phenomenal. 295 00:13:52.080 --> 00:13:52.920 Way to go. 296 00:13:52.920 --> 00:13:54.280 I mean, I'm glad you got your EIN. 297 00:13:55.120 --> 00:13:57.080 That means you're on your way, which is great. 298 00:13:57.080 --> 00:13:59.080 So, I'm excited for you. 299 00:13:59.080 --> 00:14:01.960 Yeah, I'm a little bit dizzled. 300 00:14:01.960 --> 00:14:02.880 So, now I've got a... 301 00:14:02.880 --> 00:14:05.680 I did search my name yesterday, 302 00:14:05.680 --> 00:14:10.520 and there's four words in my name. 303 00:14:10.520 --> 00:14:12.040 We're going to go into that right now. 304 00:14:12.040 --> 00:14:13.880 Literally, how do you do a search 305 00:14:13.880 --> 00:14:15.240 if there's multiple names? 306 00:14:15.240 --> 00:14:16.880 And also the other part is 307 00:14:16.880 --> 00:14:19.280 what if there's a logo with a name? 308 00:14:19.280 --> 00:14:20.760 We're going to go into that as well. 309 00:14:20.760 --> 00:14:22.320 So, let's jump into that. 310 00:14:22.320 --> 00:14:26.560 Because I had a logo made by somebody in my hub. 311 00:14:27.800 --> 00:14:32.320 And so, I asked her if I could get rights to it 312 00:14:32.320 --> 00:14:33.160 and this and that. 313 00:14:33.160 --> 00:14:34.200 Yeah, crazy. 314 00:14:34.200 --> 00:14:35.760 Are you in VIP also? 315 00:14:35.760 --> 00:14:36.600 Yes. 316 00:14:36.600 --> 00:14:37.440 Okay, good. 317 00:14:37.440 --> 00:14:38.600 We're going to dig into that more there as well. 318 00:14:38.600 --> 00:14:39.800 Okay, good. 319 00:14:39.800 --> 00:14:40.640 All right. 320 00:14:40.640 --> 00:14:41.480 Ray, did you say there was somebody else 321 00:14:41.480 --> 00:14:42.880 who wanted to share? 322 00:14:42.880 --> 00:14:43.720 Okay, good. 323 00:14:43.720 --> 00:14:44.880 All right, let's jump in. 324 00:14:44.880 --> 00:14:46.120 Let's jump in. 325 00:14:46.120 --> 00:14:46.960 All right. 326 00:14:46.960 --> 00:14:49.320 So, a few things I want to cover right off the bat 327 00:14:49.360 --> 00:14:53.360 because this might seem a little complicated, 328 00:14:53.360 --> 00:14:55.480 but I want to kind of simplify it for you. 329 00:14:55.480 --> 00:14:57.920 I'm going to show you an example of a situation 330 00:14:57.920 --> 00:14:59.520 where somebody uses. 331 00:15:00.000 --> 00:15:05.800 Both a logo and a, um, a word mark. 332 00:15:06.340 --> 00:15:06.640 Okay. 333 00:15:06.640 --> 00:15:10.500 Because it's not always the case that somebody uses one or the other. 334 00:15:10.860 --> 00:15:12.120 Sometimes I use both. 335 00:15:12.120 --> 00:15:15.280 So people will recognize this Nike, right? 336 00:15:15.300 --> 00:15:16.440 Everybody recognize Nike. 337 00:15:16.760 --> 00:15:17.120 Okay. 338 00:15:17.820 --> 00:15:20.120 Now there's usually a phrase that's underneath it. 339 00:15:20.120 --> 00:15:21.980 Somebody tell me what's the phrase underneath it. 340 00:15:21.980 --> 00:15:22.840 Type it in the chat. 341 00:15:26.880 --> 00:15:28.080 Let's see if people remember it. 342 00:15:28.080 --> 00:15:30.040 Yep. 343 00:15:30.040 --> 00:15:30.720 Just do it. 344 00:15:30.760 --> 00:15:31.720 That's it, Samuel. 345 00:15:31.720 --> 00:15:32.320 Well done. 346 00:15:32.340 --> 00:15:33.240 That's it, Sandy. 347 00:15:33.600 --> 00:15:34.360 That's it, Sierra. 348 00:15:34.580 --> 00:15:40.160 So what you'll typically see with Nike is that they have three 349 00:15:40.160 --> 00:15:43.020 trademarks on top of each other. 350 00:15:43.300 --> 00:15:47.840 So they'll say Nike, then they'll have the swoosh, then I'll have just do it. 351 00:15:49.040 --> 00:15:49.400 Okay. 352 00:15:49.400 --> 00:15:55.040 So one of the questions that I received from you was, well, do you have to use 353 00:15:55.040 --> 00:15:59.040 the circle are when you get the federal registration on all of them or just one 354 00:15:59.560 --> 00:16:01.400 or two of them, like, how do you do it? 355 00:16:02.040 --> 00:16:07.520 Everything that has a registration, you want the circle are next to. 356 00:16:08.420 --> 00:16:09.500 That's the general rule. 357 00:16:10.940 --> 00:16:15.560 So Nike owns the name Nike, which is right here. 358 00:16:15.560 --> 00:16:19.800 And I K E and you see the circle are, and you typically put it on the top, right? 359 00:16:19.820 --> 00:16:21.720 That's typically where you put it on a word mark. 360 00:16:22.480 --> 00:16:22.920 Okay. 361 00:16:23.700 --> 00:16:26.120 Then separate from that, they have the swoosh. 362 00:16:26.320 --> 00:16:27.320 You see that swoosh there. 363 00:16:27.320 --> 00:16:28.400 It looks like a check Mark. 364 00:16:29.360 --> 00:16:30.480 They own that as well. 365 00:16:30.480 --> 00:16:32.520 And you see how they have a circle are there as well. 366 00:16:33.760 --> 00:16:36.180 Now I've seen people use the circle are here. 367 00:16:36.180 --> 00:16:37.960 I've seen them put them on the top, right? 368 00:16:38.520 --> 00:16:39.240 As well. 369 00:16:39.280 --> 00:16:40.960 I've seen them on the bottom, right? 370 00:16:40.980 --> 00:16:45.040 There's really no a hundred percent, always in the right place. 371 00:16:45.040 --> 00:16:49.120 Some people put it in different places, but the point being the 372 00:16:49.120 --> 00:16:51.400 name is federally registered. 373 00:16:51.400 --> 00:16:52.560 So that has a circle are. 374 00:16:53.560 --> 00:16:56.000 The swoosh is federally registered. 375 00:16:56.000 --> 00:17:00.520 So that has a circle are now, if it said underneath it, just do it. 376 00:17:02.600 --> 00:17:05.119 Again, there will be a circle are next to that. 377 00:17:05.760 --> 00:17:07.460 What is on the top, right? 378 00:17:07.520 --> 00:17:08.880 That's typically where it would be. 379 00:17:08.960 --> 00:17:09.200 Okay. 380 00:17:09.200 --> 00:17:10.079 That makes sense. 381 00:17:10.560 --> 00:17:11.480 Pretty straightforward. 382 00:17:12.280 --> 00:17:18.240 So if you have multiple trademarks that you're using on your website or on your 383 00:17:18.240 --> 00:17:23.839 products, on your packaging, then you're going to put their circle are next to 384 00:17:23.839 --> 00:17:29.680 each federally registered trademark, each one, not just one, every one of them. 385 00:17:30.000 --> 00:17:30.440 Okay. 386 00:17:32.240 --> 00:17:33.880 That's the first part I wanted to go through. 387 00:17:34.440 --> 00:17:37.440 The second part is I want to walk you through. 388 00:17:37.560 --> 00:17:40.720 Let me go back to the USPTO site. 389 00:17:41.800 --> 00:17:45.120 One of you is actually in Canada and asked me for the Canadian 390 00:17:45.120 --> 00:17:46.640 trademark searching site. 391 00:17:46.640 --> 00:17:48.360 I posted it for you in the Facebook group. 392 00:17:49.400 --> 00:17:49.800 All right. 393 00:17:49.960 --> 00:17:51.640 So you can go in there and you can see it. 394 00:17:52.800 --> 00:17:58.560 So if you go over here back to the USPTO website and you click on trademarks, you see 395 00:17:58.560 --> 00:18:00.320 searching, you click on searching. 396 00:18:00.640 --> 00:18:03.400 We went through this yesterday, but I'm going to do it again briefly here. 397 00:18:03.880 --> 00:18:05.160 You click on the search. 398 00:18:06.560 --> 00:18:09.520 I suggest you use the second category. 399 00:18:09.760 --> 00:18:10.960 You could use the first one. 400 00:18:11.120 --> 00:18:14.240 Problem with the first one is you can't break it down to the goods. 401 00:18:14.720 --> 00:18:16.840 You can only list the name. 402 00:18:17.000 --> 00:18:17.520 That's it. 403 00:18:18.560 --> 00:18:19.000 Okay. 404 00:18:19.000 --> 00:18:20.040 That's all you can list. 405 00:18:20.440 --> 00:18:26.360 So like if you come over here and I want to search the name Nike, like where am I 406 00:18:26.360 --> 00:18:27.560 going to type the goods? 407 00:18:28.480 --> 00:18:29.520 Nowhere, right? 408 00:18:30.040 --> 00:18:31.720 Because there's no option for it. 409 00:18:32.120 --> 00:18:33.600 All I can do is type the trademark. 410 00:18:33.600 --> 00:18:37.360 That's why I suggest you use the second one here. 411 00:18:38.440 --> 00:18:40.920 For the second one, you can type in Nike. 412 00:18:40.960 --> 00:18:42.680 Then you can type in the goods. 413 00:18:43.080 --> 00:18:48.640 Um, shoes and then under the field. 414 00:18:48.800 --> 00:18:53.960 Remember the homework for yesterday was for you to go home and look up the name of 415 00:18:53.960 --> 00:18:54.600 your company. 416 00:18:55.360 --> 00:18:55.640 Right. 417 00:18:55.640 --> 00:18:57.760 And I saw a lot of you reporting on this. 418 00:18:58.360 --> 00:19:03.400 And so when you come into the field, you can play around with it. 419 00:19:04.080 --> 00:19:07.200 But as you look at, as you look, what is this? 420 00:19:07.200 --> 00:19:09.280 So many ministry names come under services. 421 00:19:09.320 --> 00:19:10.200 Yes, that's true. 422 00:19:10.520 --> 00:19:10.800 All right. 423 00:19:10.800 --> 00:19:17.680 So if you look under field again, I would select non-punctuated wordmark. 424 00:19:17.920 --> 00:19:18.840 That's what I would do. 425 00:19:20.640 --> 00:19:21.800 Non-punctuated wordmark. 426 00:19:23.520 --> 00:19:27.960 And then for the field over here under shoes, that's the description of the goods 427 00:19:27.960 --> 00:19:28.600 and services. 428 00:19:28.600 --> 00:19:31.240 So I click goods and services and that's it. 429 00:19:31.240 --> 00:19:32.400 And then I submit a query. 430 00:19:34.280 --> 00:19:35.840 And that's very interesting. 431 00:19:36.280 --> 00:19:36.560 All right. 432 00:19:36.560 --> 00:19:38.880 I'm going to ask you, why did that just happen? 433 00:19:38.920 --> 00:19:39.680 Let me show you something. 434 00:19:39.840 --> 00:19:40.680 Submit query. 435 00:19:41.200 --> 00:19:47.280 Why did I just get 284,549 results? 436 00:19:47.680 --> 00:19:50.000 I'm going to be busy reviewing all these results. 437 00:19:50.040 --> 00:19:50.360 Okay. 438 00:19:50.360 --> 00:19:52.440 So why did I get that? 439 00:19:52.480 --> 00:19:53.680 Somebody tell me why. 440 00:19:54.120 --> 00:19:54.320 All right. 441 00:19:54.320 --> 00:19:56.240 Somebody just said, yes, there it is. 442 00:19:56.800 --> 00:19:57.560 Jill got it. 443 00:19:58.400 --> 00:20:00.000 You, you use or. 444 00:20:00.000 --> 00:20:01.040 instead of and. 445 00:20:01.040 --> 00:20:03.600 Brittany said the same thing, exactly. 446 00:20:03.600 --> 00:20:06.320 So you go back, you change this to and, 447 00:20:06.320 --> 00:20:07.920 and then you submit your query, 448 00:20:07.920 --> 00:20:09.700 and now you only have five results. 449 00:20:09.700 --> 00:20:14.700 So don't forget to change the operator in the search, okay? 450 00:20:15.360 --> 00:20:17.120 And you change, this is called an operator. 451 00:20:17.120 --> 00:20:20.160 You see this right here, that's your operator. 452 00:20:20.160 --> 00:20:21.960 So just change that to and, 453 00:20:21.960 --> 00:20:23.160 because if it was or, 454 00:20:23.160 --> 00:20:28.160 then it's gonna find everything that has Nike in the name, 455 00:20:28.360 --> 00:20:32.460 or that has shoes as the goods. 456 00:20:32.460 --> 00:20:34.760 And that's a massive number of things. 457 00:20:34.760 --> 00:20:36.500 So just change it to and. 458 00:20:36.500 --> 00:20:37.680 So when you change it to and, 459 00:20:37.680 --> 00:20:39.800 it's finding everything that has the name Nike 460 00:20:39.800 --> 00:20:42.280 and shoes as the goods. 461 00:20:42.280 --> 00:20:43.840 And that's why you get the result, 462 00:20:43.840 --> 00:20:47.840 and then you click on the trademark, and there it is. 463 00:20:47.840 --> 00:20:51.320 Okay, so now I'm gonna show you something here 464 00:20:51.320 --> 00:20:53.040 in the trademark, 465 00:20:53.040 --> 00:20:55.960 just so you understand the parts of a trademark, okay? 466 00:20:56.960 --> 00:21:01.960 All right, the first part here is when you did a search, 467 00:21:03.800 --> 00:21:05.840 you have the name there, Nike, 468 00:21:05.840 --> 00:21:07.920 and it tells you that it's a wordmark. 469 00:21:07.920 --> 00:21:08.760 Do you see that? 470 00:21:11.600 --> 00:21:14.400 So Nike wordmark, okay? 471 00:21:16.640 --> 00:21:20.620 Now, if it was a logo, then it wouldn't say wordmark. 472 00:21:21.680 --> 00:21:22.720 It would be a design. 473 00:21:22.720 --> 00:21:26.800 So this is just the Nike, it says wordmark. 474 00:21:26.800 --> 00:21:29.040 All right, now, as a matter of fact, 475 00:21:29.040 --> 00:21:30.780 I could probably pull that up for you real quick. 476 00:21:30.780 --> 00:21:31.620 Let me see. 477 00:21:34.800 --> 00:21:38.000 What if I type in swoosh? 478 00:21:40.380 --> 00:21:41.640 That wouldn't be the wordmark. 479 00:21:41.640 --> 00:21:45.840 That'd be a description, description of mark. 480 00:21:45.840 --> 00:21:47.240 Let's see if that works. 481 00:21:47.240 --> 00:21:48.060 Swoosh. 482 00:21:53.680 --> 00:21:58.520 Dead, live, live. 483 00:21:58.520 --> 00:21:59.880 Those are swooshes. 484 00:21:59.880 --> 00:22:02.440 Those are examples of swooshes. 485 00:22:02.440 --> 00:22:06.440 So here's an example of a design mark. 486 00:22:06.440 --> 00:22:11.160 You see how it's just an image? 487 00:22:11.160 --> 00:22:12.520 You see right down here, 488 00:22:12.520 --> 00:22:16.160 it says for the mark drawing code design only. 489 00:22:16.160 --> 00:22:20.320 That's how you know it's a design, okay? 490 00:22:20.320 --> 00:22:22.320 Remember, the other one that we did, 491 00:22:22.920 --> 00:22:26.040 if we go back to Nike, 492 00:22:28.520 --> 00:22:30.440 oh, back up. 493 00:22:30.440 --> 00:22:35.440 Nike as the non-punctuated wordmark submit. 494 00:22:37.000 --> 00:22:38.600 There we go. 495 00:22:38.600 --> 00:22:40.220 All right, right here. 496 00:22:41.360 --> 00:22:44.800 See, under Nike, it gave you the name wordmark. 497 00:22:44.800 --> 00:22:46.480 That's how you know it's the word Nike 498 00:22:46.480 --> 00:22:49.160 and not just the design for Nike, okay? 499 00:22:49.160 --> 00:22:51.120 All right, so with that being the case, 500 00:22:53.320 --> 00:22:55.360 the next thing that's listed 501 00:22:55.360 --> 00:22:58.840 is called the international class, right? 502 00:22:58.840 --> 00:23:01.020 When you file a trademark application, 503 00:23:01.960 --> 00:23:03.820 every trademark falls under 504 00:23:03.820 --> 00:23:07.520 what's called an international class, okay? 505 00:23:07.520 --> 00:23:09.920 I'll answer your question in a second, Brittany. 506 00:23:11.520 --> 00:23:13.760 So your international classes 507 00:23:13.760 --> 00:23:17.560 are breakdowns of goods or services. 508 00:23:17.560 --> 00:23:22.300 So your goods may be, as an example, shoes or goods, right? 509 00:23:23.280 --> 00:23:24.700 Shoes fall into class 25. 510 00:23:24.700 --> 00:23:26.780 Your goods may be speakers. 511 00:23:26.780 --> 00:23:29.260 Speakers fall into class nine. 512 00:23:29.260 --> 00:23:32.820 There's different classes, international classes, 513 00:23:32.820 --> 00:23:35.460 that are associated with different goods. 514 00:23:35.460 --> 00:23:37.840 Same thing for services. 515 00:23:37.840 --> 00:23:39.860 So you have different services 516 00:23:39.860 --> 00:23:43.320 will fall into different international classes, okay? 517 00:23:43.320 --> 00:23:44.740 For those of you that are in VIP, 518 00:23:44.740 --> 00:23:46.540 you're gonna see, I'm gonna walk through today 519 00:23:46.540 --> 00:23:48.380 the following of a trademark application. 520 00:23:48.380 --> 00:23:53.380 You'll see how the USPTO automatically selects for you. 521 00:23:53.380 --> 00:23:55.960 But here, I'm gonna actually show you, 522 00:23:56.940 --> 00:24:00.760 I'm gonna show you, why don't I do this? 523 00:24:00.760 --> 00:24:03.500 I'm gonna look up for you all the international classes 524 00:24:03.500 --> 00:24:05.820 and I'm gonna post them in the Facebook group for you, okay? 525 00:24:05.820 --> 00:24:06.980 Would that help you out? 526 00:24:07.900 --> 00:24:08.740 This way you'll know 527 00:24:08.740 --> 00:24:11.700 every single international class that exists. 528 00:24:11.700 --> 00:24:13.700 And then you can go in there and you can see, 529 00:24:13.700 --> 00:24:17.500 oh, I fall into this class or I fall into that class, okay? 530 00:24:17.500 --> 00:24:20.660 So I'm gonna post that for you tonight, all right? 531 00:24:20.660 --> 00:24:23.340 So now, the listing that's here 532 00:24:23.340 --> 00:24:26.740 after the international class 533 00:24:26.740 --> 00:24:31.740 is actually the description of the goods that are provided. 534 00:24:31.980 --> 00:24:35.100 So if I'm providing shoes 535 00:24:35.100 --> 00:24:37.780 and shoes fall into international class 25, 536 00:24:37.780 --> 00:24:41.100 I now have to provide a description of the goods. 537 00:24:41.100 --> 00:24:43.100 And the description of the goods used by Nike 538 00:24:43.100 --> 00:24:45.620 is athletic shoes with spikes 539 00:24:45.660 --> 00:24:49.460 and athletic uniforms for use with such shoes. 540 00:24:49.460 --> 00:24:52.380 That's the description of the goods, okay? 541 00:24:53.220 --> 00:24:55.980 So every time you file a trademark application, 542 00:24:55.980 --> 00:24:58.340 you have to describe the goods 543 00:24:58.340 --> 00:25:00.340 that the trademark is going to be used. 544 00:25:00.000 --> 00:25:08.420 used on. Does that make sense? Cause you can't just file a name and not specify what you're 545 00:25:08.420 --> 00:25:15.240 going to use the name on. You have to say, Oh, I'm going to use the name on, um, you 546 00:25:15.240 --> 00:25:20.940 know, records or on shoes or on basketballs or whatever it is. You have to list all the 547 00:25:20.940 --> 00:25:27.040 goods that you're going to use the name on. All right. That's what this is all about. 548 00:25:27.040 --> 00:25:31.800 So you have your international class, which is the class that's associated with the goods. 549 00:25:31.800 --> 00:25:36.960 Then you have the description of the goods. Okay. Then the next thing you have down here, 550 00:25:36.960 --> 00:25:41.120 as you're doing your search, the serial number is assigned by the patent, the patent trademark 551 00:25:41.120 --> 00:25:46.160 office. That's you have nothing to do with that. They do that automatically. Boring. 552 00:25:46.160 --> 00:25:51.080 Next thing over here is the filing date. That's when you actually filed the case. All right. 553 00:25:51.080 --> 00:25:56.920 When you filed it with the United States patent trademark offices, do Sierra ask you services 554 00:25:57.800 --> 00:26:07.960 need a trademark? Yes, they do. Services need a trademark as well. So if you're doing coaching, 555 00:26:07.960 --> 00:26:13.440 coaching falls under a service that's provided, it's typically in class 35 or 41, it's usually 556 00:26:13.440 --> 00:26:18.200 around there. So whatever coaching service that you're providing, you want to use a trademark 557 00:26:18.200 --> 00:26:24.020 associated with that, that service that you're providing. So that the public becomes aware 558 00:26:24.020 --> 00:26:31.020 that there's a source to that service. And then people will ask for that service, right? 559 00:26:31.020 --> 00:26:38.900 So as an example, Uber, Uber is not a good Uber is a service, right? Now there's software 560 00:26:38.900 --> 00:26:45.180 associated with Uber. So there's a Uber registration for software, and then there's an Uber associated 561 00:26:45.180 --> 00:26:50.660 with services. So you can have registrations for both. Can you edit trademarks later on 562 00:26:50.660 --> 00:26:57.220 if the company expands? Oh, Jessica. Oh, I'm going to answer your question in like 563 00:26:57.220 --> 00:27:01.820 one second. She always has the best questions. So I'll answer your question in one second. 564 00:27:01.820 --> 00:27:06.140 Let me finish this off first. All right. After you file your application, I want to get rid 565 00:27:06.140 --> 00:27:10.760 of the dry part first, then we can get into the exciting part. So here's the dry parts 566 00:27:10.760 --> 00:27:16.120 of all of a trademark application. That's when you filed it. We talked yesterday about 567 00:27:16.120 --> 00:27:22.800 if it is actually getting filed as an actual use or intent to use. Actual use is 1A. Intent 568 00:27:22.800 --> 00:27:28.560 to use is 1 what? Type it into chat. 1 what? If you file an intent to use application. 569 00:27:28.560 --> 00:27:33.960 B, boom, you got it. Perfect. All right. Registration number is given to you by the United States 570 00:27:33.960 --> 00:27:39.240 Patent and Trademark Office. That's not you. They do that. That's the date that they register 571 00:27:39.240 --> 00:27:43.640 it. When you file your application, you have to specify who the owner is. All right. Let's 572 00:27:43.640 --> 00:27:48.200 talk about this for a second. Remember how yesterday we talked about do you want to have 573 00:27:48.200 --> 00:27:52.040 the asset owned by you or do you want it owned by the company? I'm going to take a minute 574 00:27:52.040 --> 00:27:58.040 here and talk to you about why this is important. You guys have to hear this. This is really 575 00:27:58.040 --> 00:28:09.080 important. All right. If you put all right title and interest to the trademark into your 576 00:28:09.080 --> 00:28:19.240 own name and in your own name only, and you're part of a company that's using the trademark, 577 00:28:19.240 --> 00:28:23.840 then if the company at some point wants to do something with the trademark, they need 578 00:28:23.840 --> 00:28:32.340 to get your permission. Does that make sense? Okay. Because you own it. You following me? 579 00:28:32.340 --> 00:28:39.820 Why is this important? Think about this. Think hard here. You're in a company, right? 580 00:28:39.820 --> 00:28:43.420 Or you form a company. You've got like five or six or seven other individuals that are 581 00:28:43.420 --> 00:28:48.340 in the company with you. And there's a board in the company that makes all the decisions 582 00:28:48.340 --> 00:28:52.980 with regard to every asset of the company. If you assign all right title and interest 583 00:28:52.980 --> 00:29:00.420 over to the company, well, you just lost control of your trademark. Okay? So you may be in 584 00:29:00.420 --> 00:29:06.300 a situation where you have the trademark in your name, but you assign, you can give 585 00:29:06.300 --> 00:29:11.980 like a non-exclusive license to the company to use it as opposed to giving them all right 586 00:29:11.980 --> 00:29:17.140 title and interest. Just keep in mind though, if you keep it in your own name, you can become 587 00:29:17.140 --> 00:29:20.540 a target of people who think there's trademark infringement and other things, because it's 588 00:29:20.540 --> 00:29:27.940 in your name. It's an asset that's in your name. All right. Let's make this simpler. 589 00:29:28.260 --> 00:29:33.340 I see some faces that are a little like, huh? All right. So think about it this way. Imagine 590 00:29:33.340 --> 00:29:40.220 you own a car. Okay? Now you have an option. You can assign the car to a company and the 591 00:29:40.220 --> 00:29:45.740 company can lease out your car or rent out your car for use. Okay? Now, if somebody crashes 592 00:29:45.740 --> 00:29:50.380 with your car, who are they going to sue? The company, right? Because the company is 593 00:29:50.380 --> 00:29:57.100 the one that's renting out the car. But if you keep the car in your name and you go out 594 00:29:57.100 --> 00:30:00.020 there and you rent it out to... 595 00:30:00.000 --> 00:30:04.000 And Axel, like, oh, steering wheel's not working. 596 00:30:04.000 --> 00:30:05.800 Oh, boom, hits a tree. 597 00:30:05.800 --> 00:30:08.620 He's like, well, I want to be a millionaire now, you know, 598 00:30:08.620 --> 00:30:10.200 so I'm going to sue the company. 599 00:30:10.380 --> 00:30:11.160 I mean, but hold it. 600 00:30:11.160 --> 00:30:12.260 It's not owned by a company. 601 00:30:12.520 --> 00:30:14.160 It's owned by Peter. 602 00:30:14.160 --> 00:30:15.380 So what happens? 603 00:30:15.680 --> 00:30:16.480 He sues Peter. 604 00:30:16.480 --> 00:30:19.740 Do you see the difference? 605 00:30:20.320 --> 00:30:21.960 If the car is owned by the company, 606 00:30:21.960 --> 00:30:23.960 the company becomes potentially liable. 607 00:30:23.960 --> 00:30:27.120 If it's owned by you, you could potentially be liable. 608 00:30:27.120 --> 00:30:28.840 So you have to make that determination. 609 00:30:29.060 --> 00:30:31.220 Do you want the assets in your name or in the company's name? 610 00:30:31.300 --> 00:30:33.180 That's what's really important for you to figure out. 611 00:30:33.180 --> 00:30:34.700 Okay? Make sense? 612 00:30:34.700 --> 00:30:36.800 All right, more heads are nodding. 613 00:30:36.900 --> 00:30:37.740 Okay. All right, good. 614 00:30:37.740 --> 00:30:43.240 All right, let's go up to the question that Jess listed. 615 00:30:44.760 --> 00:30:48.360 Jess, can you edit a trademark later 616 00:30:48.900 --> 00:30:51.720 on if the company expands in different market products? 617 00:30:51.720 --> 00:30:54.760 Okay. This is a really important question. 618 00:30:54.760 --> 00:30:55.540 Where's Jess? 619 00:30:56.380 --> 00:30:57.920 Is she, is her face here somewhere? 620 00:30:58.280 --> 00:30:59.640 Or is she hiding behind a name? 621 00:31:00.120 --> 00:31:01.020 There she is. 622 00:31:01.100 --> 00:31:04.160 I'm doing my makeup while I'm listening. 623 00:31:04.160 --> 00:31:06.140 All right, we're not going to highlight you. 624 00:31:06.140 --> 00:31:07.080 We're not going to highlight you then. 625 00:31:07.080 --> 00:31:08.900 Don't worry about it. 626 00:31:08.900 --> 00:31:10.740 So, all right, here's the situation. 627 00:31:10.740 --> 00:31:15.340 If you file a trademark application for, let's say, 628 00:31:15.340 --> 00:31:20.520 Nike, and you originally file it for cleats, but then you think, 629 00:31:20.520 --> 00:31:24.000 oh, man, T-shirts, we're going to start selling T-shirts. 630 00:31:25.240 --> 00:31:26.600 I don't have T-shirts covered. 631 00:31:27.160 --> 00:31:30.540 You cannot file an amendment to your trademark application. 632 00:31:30.840 --> 00:31:35.200 This is why it's so important to make sure you understand every place 633 00:31:35.200 --> 00:31:36.680 that you're going to use your trademark. 634 00:31:36.680 --> 00:31:45.800 Am I going to use it on shoes, shirts, you know, shorts, golf clubs, basketballs, 635 00:31:45.800 --> 00:31:50.800 volleyballs, every place that you're going to use a trademark, 636 00:31:50.800 --> 00:31:53.440 it's important to figure that out up front, all right? 637 00:31:53.880 --> 00:31:57.320 Because if you later say, well, I want to add shirts, 638 00:31:57.780 --> 00:32:02.600 you now have to file another trademark application, which means you're now going 639 00:32:02.600 --> 00:32:11.600 to pay another $350 to the USPTO or 275, depending on how you file it, plus attorney's fees. 640 00:32:11.600 --> 00:32:12.820 Does that make sense? 641 00:32:14.040 --> 00:32:22.000 Now, what if you file for Nike, and the way that you're originally using Nike is N-I-K-E, 642 00:32:22.520 --> 00:32:31.620 but then later you say, you know what, we're really going to go with N-I-K-I-E, okay? 643 00:32:31.620 --> 00:32:34.720 Because it's Nike with the E really wasn't working. 644 00:32:35.300 --> 00:32:35.880 You can't. 645 00:32:36.400 --> 00:32:41.700 If there's a substantial change to the trademark, then you've got to refile. 646 00:32:43.080 --> 00:32:47.300 This is why it's important to figure these things out up front, okay? 647 00:32:48.380 --> 00:32:49.720 Now, here's the beauty. 648 00:32:49.720 --> 00:32:51.280 Here's the beauty of the whole situation. 649 00:32:52.000 --> 00:33:02.220 If you're not sure when you're going to use a trademark on what specific goods, 650 00:33:02.600 --> 00:33:04.540 somebody type in the chat what you can do. 651 00:33:10.980 --> 00:33:11.960 Intent to use. 652 00:33:12.480 --> 00:33:13.960 Intent to use. 653 00:33:15.420 --> 00:33:15.980 That's it. 654 00:33:16.560 --> 00:33:17.160 That's it. 655 00:33:17.540 --> 00:33:18.900 So, this is what people do. 656 00:33:19.400 --> 00:33:20.800 This is strategy now, okay? 657 00:33:20.800 --> 00:33:21.960 Nobody's teaching you this. 658 00:33:21.960 --> 00:33:22.880 You've learned this here. 659 00:33:22.880 --> 00:33:25.220 Nobody talks about this, all right? 660 00:33:25.220 --> 00:33:28.260 This will probably save you thousands of dollars just understanding this, 661 00:33:28.260 --> 00:33:29.660 if not part of your company. 662 00:33:31.480 --> 00:33:42.980 What you can do is file one application with multiple classes where each class is breaking 663 00:33:42.980 --> 00:33:46.520 down into actual use or intent to use. 664 00:33:47.720 --> 00:33:48.540 You can do that. 665 00:33:48.760 --> 00:33:54.300 So, let's say you're already using it for cleats, but you're going to use it for t-shirts. 666 00:33:55.400 --> 00:34:02.380 You can file under cleats in class 25 as actual use under 1A, 667 00:34:03.380 --> 00:34:08.560 but then in the same application, you can select t-shirts, which is a different class, 668 00:34:09.560 --> 00:34:11.880 and under there, you can select 1B. 669 00:34:11.880 --> 00:34:18.719 So, now you've got one application that has actual use and intent to use. 670 00:34:18.719 --> 00:34:20.020 Does that make sense? 671 00:34:22.560 --> 00:34:25.719 That's a really cool way to get around the system. 672 00:34:28.020 --> 00:34:29.400 And people do this. 673 00:34:29.400 --> 00:34:34.280 The reason why they do this is because somebody sees the name, and then somebody says, 674 00:34:34.280 --> 00:34:36.500 well, I don't want to use that name for cleats. 675 00:34:36.500 --> 00:34:38.500 I want to make a t-shirt on that. 676 00:34:39.500 --> 00:34:44.500 So, the original applicant will think to themselves, you know, 677 00:34:44.500 --> 00:34:47.260 at some point, I might start making t-shirts. 678 00:34:47.260 --> 00:34:54.360 So, let me file an intent to use for t-shirts while I'm filing an actual use for cleats, okay? 679 00:34:54.360 --> 00:34:57.900 So, you can do a single application with multiple classes with intent to use, 680 00:34:57.900 --> 00:34:59.940 with actual use, you can do whatever you want. 681 00:35:00.000 --> 00:35:02.840 You can tweak it any way you want. 682 00:35:02.840 --> 00:35:04.480 You can get as creative as you want. 683 00:35:04.480 --> 00:35:06.160 But here's the thing, all right? 684 00:35:07.240 --> 00:35:12.240 Every class you select is another application fee. 685 00:35:13.540 --> 00:35:14.380 You got that? 686 00:35:16.520 --> 00:35:18.320 You need to understand this as entrepreneurs, 687 00:35:18.320 --> 00:35:19.780 as business owners. 688 00:35:19.780 --> 00:35:22.560 Every class that you select 689 00:35:22.560 --> 00:35:25.960 is going to be another application fee. 690 00:35:25.960 --> 00:35:29.760 So if you're filing it under $275, 691 00:35:29.760 --> 00:35:33.780 if you have class nine, class 11, class 15, 692 00:35:33.780 --> 00:35:38.120 you're paying that three times, not once, okay? 693 00:35:38.120 --> 00:35:40.120 Even though it's one application, 694 00:35:40.120 --> 00:35:42.160 they're charging you for every class. 695 00:35:44.720 --> 00:35:47.080 Understand this before you work with your attorneys. 696 00:35:47.080 --> 00:35:49.000 Because if your attorneys tell you, 697 00:35:49.000 --> 00:35:50.880 oh man, you know, we can do this 698 00:35:50.880 --> 00:35:52.120 on five or six different things. 699 00:35:52.120 --> 00:35:53.760 And you go, yeah, that's a great idea. 700 00:35:53.760 --> 00:35:56.960 But your lawyer quoted you $1,100, $1,200 701 00:35:56.960 --> 00:35:58.300 for trademark application. 702 00:35:58.300 --> 00:35:59.140 He's wrong. 703 00:35:59.140 --> 00:36:00.220 She's wrong. 704 00:36:00.220 --> 00:36:01.240 That's wrong. 705 00:36:01.240 --> 00:36:03.060 It's not true. 706 00:36:03.060 --> 00:36:04.700 If you're going into five different classes, 707 00:36:04.700 --> 00:36:07.100 you're going to have to take 275 times five 708 00:36:07.100 --> 00:36:09.140 plus the attorney's fees on each one. 709 00:36:09.140 --> 00:36:12.280 You're probably going to be spending 2,800 bucks. 710 00:36:14.860 --> 00:36:16.100 Big difference. 711 00:36:16.100 --> 00:36:20.060 Understand this stuff before you engage with lawyers, okay? 712 00:36:22.460 --> 00:36:23.500 Okay, good. 713 00:36:24.860 --> 00:36:27.380 All right, let me go into a few more things with you. 714 00:36:27.380 --> 00:36:30.000 I want to explain to you likelihood of confusion. 715 00:36:31.220 --> 00:36:33.860 Connie, I'm going to ask you a question of VIP, okay? 716 00:36:35.060 --> 00:36:36.760 Because I want to cover a little more content here 717 00:36:36.760 --> 00:36:40.220 before we jump out. 718 00:36:43.700 --> 00:36:47.320 I'm going to talk about practical use of trademarks first. 719 00:36:51.100 --> 00:36:53.980 And then we'll go into how to determine whether or not 720 00:36:53.980 --> 00:36:56.280 you're infringing somebody's trademark. 721 00:36:57.200 --> 00:36:58.560 Okay, all right, here we go. 722 00:36:58.560 --> 00:37:01.360 All right, so anytime you have a trademark, 723 00:37:01.360 --> 00:37:02.880 you want to make sure that the public's aware 724 00:37:02.880 --> 00:37:05.520 of the trademark so that they don't use it, right? 725 00:37:05.520 --> 00:37:09.480 That's important because anytime you hire a lawyer 726 00:37:09.480 --> 00:37:11.600 to defend you in litigation, I hate to say it, 727 00:37:11.600 --> 00:37:12.680 but you already lost 728 00:37:13.920 --> 00:37:15.680 because you're going to have to pay the lawyer. 729 00:37:15.680 --> 00:37:18.320 I mean, this is a fact. 730 00:37:18.320 --> 00:37:21.840 It's like, even if you're the plaintiff, 731 00:37:21.840 --> 00:37:23.280 you have to sue somebody. 732 00:37:23.280 --> 00:37:25.680 Well, now you're spending thousands or tens of thousands 733 00:37:26.520 --> 00:37:28.000 or hundreds of thousands of dollars to enforce. 734 00:37:28.000 --> 00:37:30.980 This is why we protect through intellectual property 735 00:37:30.980 --> 00:37:34.320 so that we warn other people and that they back off 736 00:37:34.320 --> 00:37:37.380 and they don't step into our territory, right? 737 00:37:37.380 --> 00:37:40.880 It's to keep people away so you don't have to sue people. 738 00:37:40.880 --> 00:37:42.760 Like, we don't want to sue people. 739 00:37:42.760 --> 00:37:44.680 That's not why we're doing this. 740 00:37:44.680 --> 00:37:47.200 We're doing this so we don't have to. 741 00:37:47.200 --> 00:37:48.760 And if you mark your products 742 00:37:48.760 --> 00:37:50.760 and your services appropriately, 743 00:37:50.760 --> 00:37:53.080 then the public will become aware of the fact 744 00:37:53.080 --> 00:37:57.680 that it's your name, it's your logo, and they'll back off. 745 00:37:57.680 --> 00:37:59.800 If you don't mark properly, 746 00:38:00.920 --> 00:38:02.440 you're not going to have that situation 747 00:38:02.440 --> 00:38:05.600 and you can run into a lot of problems, okay? 748 00:38:05.600 --> 00:38:09.160 So with that being said, how do you mark? 749 00:38:09.160 --> 00:38:10.840 Like, where do you use the Circle R? 750 00:38:10.840 --> 00:38:12.640 Where do you use the TM? 751 00:38:12.640 --> 00:38:15.400 If you have packaging, if it's a product, 752 00:38:15.400 --> 00:38:19.640 let's say like, okay, here's a product. 753 00:38:19.640 --> 00:38:21.600 I don't know if I can get close enough on this. 754 00:38:21.600 --> 00:38:23.520 This is a product. 755 00:38:23.520 --> 00:38:26.880 You see Craftsman on top, right there. 756 00:38:26.880 --> 00:38:31.160 Right on the top right, you see Circle R, okay? 757 00:38:31.160 --> 00:38:32.240 That's a product. 758 00:38:32.240 --> 00:38:34.920 So if you have a product, you put the trademark on it, 759 00:38:34.920 --> 00:38:37.560 you put the Circle R on the product, okay? 760 00:38:37.560 --> 00:38:40.580 You can also, if it can't be on the product itself, 761 00:38:40.580 --> 00:38:42.960 you can put it on the packaging for the product, all right? 762 00:38:42.960 --> 00:38:44.880 So like in this case over here, 763 00:38:44.880 --> 00:38:47.160 this is all torn up, unfortunately, 764 00:38:47.160 --> 00:38:49.600 but you'll probably be able to see it. 765 00:38:49.600 --> 00:38:52.080 Maybe I can put it together somewhat. 766 00:38:52.080 --> 00:38:53.160 There we go. 767 00:38:53.160 --> 00:38:55.200 All right, so this is a food item. 768 00:38:55.200 --> 00:38:57.740 It's called Tosi. 769 00:38:59.080 --> 00:39:00.160 I don't know if you can see it. 770 00:39:00.160 --> 00:39:01.720 Let me turn it around for you. 771 00:39:03.920 --> 00:39:04.960 You can kind of see it. 772 00:39:04.960 --> 00:39:06.120 You'll get the idea. 773 00:39:06.120 --> 00:39:07.600 So it's called Tosi, right? 774 00:39:07.600 --> 00:39:08.960 T-O-S-I. 775 00:39:08.960 --> 00:39:11.760 On the top right, there's actually a Circle R 776 00:39:11.760 --> 00:39:13.000 right over there. 777 00:39:13.000 --> 00:39:14.880 There's a Circle R right there, okay? 778 00:39:14.880 --> 00:39:18.260 Now, their product is inside the packaging. 779 00:39:19.960 --> 00:39:24.800 But they can't put the Circle R on the plastic 780 00:39:24.800 --> 00:39:28.400 or on the food item that I'm going to eat. 781 00:39:28.400 --> 00:39:31.240 I don't want them marking my food, okay? 782 00:39:31.240 --> 00:39:35.040 So for that reason, they put it on the packaging. 783 00:39:35.040 --> 00:39:37.120 So it may be a case where you can't actually 784 00:39:37.120 --> 00:39:39.960 put the trademark on the product itself, 785 00:39:39.960 --> 00:39:41.740 but you gotta put it on the packaging. 786 00:39:41.740 --> 00:39:42.580 So when you do that, 787 00:39:42.580 --> 00:39:44.640 you put the Circle R on that as well, okay? 788 00:39:44.640 --> 00:39:47.000 This is pretty straightforward, right? 789 00:39:47.000 --> 00:39:49.460 Any questions on this so far on marking? 790 00:39:50.140 --> 00:39:52.540 What if you're selling products on your website? 791 00:39:54.580 --> 00:39:56.260 That's a whole other world. 792 00:39:56.260 --> 00:39:59.620 What if you're providing services on your website? 793 00:40:00.000 --> 00:40:02.560 whole other world, okay? 794 00:40:02.560 --> 00:40:04.360 If you're selling products on your website, 795 00:40:04.360 --> 00:40:08.240 what you wanna be doing is showing the, 796 00:40:08.240 --> 00:40:09.620 you know how you have, 797 00:40:09.620 --> 00:40:11.460 I'll give you an example of a place 798 00:40:11.460 --> 00:40:13.900 where you're selling product like eBay, right? 799 00:40:13.900 --> 00:40:15.540 There's a lot of products that are listed. 800 00:40:15.540 --> 00:40:16.780 You'll see the eBay name 801 00:40:16.780 --> 00:40:18.820 and then you'll see the Circle R, okay? 802 00:40:18.820 --> 00:40:20.760 Or you'll see some other trademark 803 00:40:20.760 --> 00:40:22.700 from some individual and the Circle R. 804 00:40:22.700 --> 00:40:24.060 The products are right there 805 00:40:24.060 --> 00:40:27.540 and there's a way to purchase the product on the website. 806 00:40:27.620 --> 00:40:29.720 That's where you wanna use your trademark. 807 00:40:30.700 --> 00:40:34.760 The place where they can purchase it from you online. 808 00:40:34.760 --> 00:40:37.700 That's where you wanna use your trademark. 809 00:40:37.700 --> 00:40:41.820 Now, if you're selling a product that's in a package, 810 00:40:41.820 --> 00:40:43.220 even though you're selling it online, 811 00:40:43.220 --> 00:40:46.540 you should also have the name on the packaging, okay? 812 00:40:46.540 --> 00:40:48.880 Don't think just because you're selling the product online 813 00:40:48.880 --> 00:40:50.340 that you don't have to mark the package. 814 00:40:50.340 --> 00:40:52.900 That's not the case. 815 00:40:52.900 --> 00:40:55.820 It's that they don't supplement for each other. 816 00:40:55.820 --> 00:40:58.780 Your packaging should always have the name 817 00:40:58.780 --> 00:41:00.420 with the Circle R on it. 818 00:41:00.420 --> 00:41:02.060 Now, what if it's a service? 819 00:41:02.060 --> 00:41:04.180 If it's a service, it's different. 820 00:41:04.180 --> 00:41:05.420 It's very different. 821 00:41:06.700 --> 00:41:08.060 So if you're providing a service 822 00:41:08.060 --> 00:41:10.180 and people learn about it on your website, 823 00:41:10.180 --> 00:41:12.780 you put the trademark there and the Circle R, 824 00:41:12.780 --> 00:41:16.360 but on that website page or that funnel, 825 00:41:16.360 --> 00:41:19.100 you should be describing the service 826 00:41:19.100 --> 00:41:20.900 and there should be a way to get in touch with you 827 00:41:20.900 --> 00:41:24.300 to purchase the service on that page, okay? 828 00:41:24.300 --> 00:41:28.860 That's, anytime you're selling a service, 829 00:41:28.860 --> 00:41:30.300 it's still, you still mark it 830 00:41:30.300 --> 00:41:32.420 with the trademark and the Circle R, 831 00:41:32.420 --> 00:41:35.260 but you need to describe the service on that page. 832 00:41:36.140 --> 00:41:38.020 I can't say A to E challenges 833 00:41:38.020 --> 00:41:41.140 and then not say anything about what I do. 834 00:41:41.140 --> 00:41:42.380 That does not work. 835 00:41:43.980 --> 00:41:45.940 So if you're doing a service 836 00:41:45.940 --> 00:41:47.580 where you're showing the trademark, 837 00:41:47.580 --> 00:41:48.660 you should underneath it, 838 00:41:48.660 --> 00:41:50.860 talk about the services that you're providing. 839 00:41:50.860 --> 00:41:54.640 That would be appropriate use of your trademark, okay? 840 00:41:56.340 --> 00:41:57.160 Does that make sense? 841 00:41:57.160 --> 00:41:59.620 Services are way more complicated than products. 842 00:41:59.620 --> 00:42:00.940 Products are easy. 843 00:42:00.940 --> 00:42:02.100 Throw a circle on it, 844 00:42:02.100 --> 00:42:04.060 throw your name on the product or the packaging. 845 00:42:04.060 --> 00:42:04.980 Very simple. 846 00:42:04.980 --> 00:42:07.540 Services, way more difficult. 847 00:42:07.540 --> 00:42:09.100 And there's other things too, 848 00:42:09.100 --> 00:42:10.940 like there's other ways to do this 849 00:42:10.940 --> 00:42:12.340 that we go into more detail. 850 00:42:12.340 --> 00:42:14.500 I'll talk to you on day four, 851 00:42:14.500 --> 00:42:16.820 I'll talk to you about something that's available 852 00:42:16.820 --> 00:42:19.020 that'll change your life, quite frankly. 853 00:42:19.020 --> 00:42:21.220 There's one or two people who are in it right now 854 00:42:21.220 --> 00:42:22.860 that are here. 855 00:42:22.860 --> 00:42:25.580 It just brings you to the next level as an entrepreneur. 856 00:42:25.580 --> 00:42:28.560 It's very powerful, but we'll cover that on Thursday. 857 00:42:29.620 --> 00:42:31.260 So there's a lot of other things you can do. 858 00:42:31.260 --> 00:42:33.140 And we talk about all those other things there, 859 00:42:33.140 --> 00:42:35.980 but for now, those are simple things. 860 00:42:35.980 --> 00:42:39.200 Product, put it on the packaging or the product. 861 00:42:39.200 --> 00:42:44.200 Service, put it on the website or put it on the funnel. 862 00:42:44.260 --> 00:42:47.900 Make sure you describe the services that you're providing. 863 00:42:47.900 --> 00:42:48.980 At least do that. 864 00:42:48.980 --> 00:42:49.820 That's simple. 865 00:42:49.820 --> 00:42:51.740 There's other ways you could do it too, 866 00:42:51.740 --> 00:42:53.360 but we won't cover all the ways. 867 00:42:53.360 --> 00:42:56.460 There's many things that we can kind of touch base on. 868 00:42:56.460 --> 00:42:57.660 All right. 869 00:42:57.660 --> 00:42:59.020 Let me cover one more thing. 870 00:42:59.020 --> 00:43:00.820 I want to take one or two questions. 871 00:43:03.580 --> 00:43:07.780 I want to talk to you about infringement. 872 00:43:07.780 --> 00:43:08.900 Okay. 873 00:43:08.900 --> 00:43:10.620 How many people here have ever received 874 00:43:10.620 --> 00:43:13.540 a cease and desist letter as a company? 875 00:43:13.540 --> 00:43:15.100 Nobody? 876 00:43:15.100 --> 00:43:16.780 That's good. 877 00:43:16.820 --> 00:43:17.660 All right. 878 00:43:17.660 --> 00:43:19.380 We don't want that ever to happen. 879 00:43:19.380 --> 00:43:20.480 Okay. 880 00:43:20.480 --> 00:43:21.320 All right. 881 00:43:21.320 --> 00:43:22.300 What a cease and desist letter is, 882 00:43:22.300 --> 00:43:24.900 is essentially somebody saying that you infringe 883 00:43:24.900 --> 00:43:26.820 upon their trademark or their patent. 884 00:43:26.820 --> 00:43:27.640 Okay. 885 00:43:29.040 --> 00:43:29.880 All right. 886 00:43:29.880 --> 00:43:33.540 That is not a good day. 887 00:43:33.540 --> 00:43:34.380 Okay. 888 00:43:34.380 --> 00:43:35.940 I had an individual, 889 00:43:35.940 --> 00:43:38.180 I think I kind of talked to you about this. 890 00:43:38.180 --> 00:43:40.220 If not, I'm repeating it anyway. 891 00:43:40.220 --> 00:43:45.220 There's a woman who's providing services and heart healing. 892 00:43:45.500 --> 00:43:47.480 She was in Canada, right? 893 00:43:47.480 --> 00:43:49.060 She's providing these services. 894 00:43:49.060 --> 00:43:51.060 She got a cease and desist letter from somebody 895 00:43:51.060 --> 00:43:53.740 in the United States who had the exact same name, 896 00:43:53.740 --> 00:43:57.500 providing heart healing services and said, 897 00:43:57.500 --> 00:43:58.740 love you. 898 00:43:58.740 --> 00:43:59.660 You're Christian. 899 00:43:59.660 --> 00:44:01.460 Absolutely adore you. 900 00:44:01.460 --> 00:44:04.900 I'm glad we're, you know, sisters, but back off. 901 00:44:06.300 --> 00:44:08.900 This is my trademark. 902 00:44:08.900 --> 00:44:09.740 And you know what? 903 00:44:09.740 --> 00:44:10.560 That's okay. 904 00:44:10.560 --> 00:44:11.940 You can say, look, this is mine. 905 00:44:11.940 --> 00:44:13.220 You need to back off. 906 00:44:13.220 --> 00:44:16.220 Because having you on trademark is what you're doing 907 00:44:16.220 --> 00:44:18.060 is you're being a good steward of what you provided. 908 00:44:18.060 --> 00:44:19.660 You're maintaining the authenticity 909 00:44:19.660 --> 00:44:21.860 of what's been provided to you. 910 00:44:21.860 --> 00:44:24.100 And you're making sure that the person receives 911 00:44:24.100 --> 00:44:26.760 a very high standard of quality associated 912 00:44:26.760 --> 00:44:28.900 with that name. 913 00:44:28.900 --> 00:44:29.740 Right? 914 00:44:29.740 --> 00:44:30.780 So what happened? 915 00:44:30.780 --> 00:44:33.740 She had to back off, change the name of the website, 916 00:44:33.740 --> 00:44:37.340 change the name of the company, refile, change everything. 917 00:44:37.340 --> 00:44:39.060 Costs are tons of money. 918 00:44:39.060 --> 00:44:39.900 All right. 919 00:44:39.900 --> 00:44:40.780 We don't want that. 920 00:44:40.780 --> 00:44:42.540 But here's the thing. 921 00:44:42.540 --> 00:44:46.340 To determine whether or not you infringe a trademark, 922 00:44:46.340 --> 00:44:48.300 there's a test that's done. 923 00:44:48.300 --> 00:44:50.240 And we're going to talk about that test now. 924 00:44:50.240 --> 00:44:51.080 Okay? 925 00:44:51.080 --> 00:44:53.860 So as you're doing your trademark searches 926 00:44:53.860 --> 00:44:56.980 and you're thinking, well, the name kind of looks similar. 927 00:44:56.980 --> 00:44:59.300 There's actually multiple factors that you look at 928 00:44:59.300 --> 00:45:00.140 to determine. 929 00:45:00.000 --> 00:45:01.980 whether or not you actually are committing 930 00:45:01.980 --> 00:45:03.800 trademark infringement. 931 00:45:03.800 --> 00:45:06.720 We're gonna talk about those factors now, one by one. 932 00:45:06.720 --> 00:45:07.560 All right? 933 00:45:08.760 --> 00:45:11.180 Now there's nine to 12 factors. 934 00:45:11.180 --> 00:45:15.800 They're called the likelihood of confusion factors. 935 00:45:15.800 --> 00:45:16.840 Okay? 936 00:45:16.840 --> 00:45:18.880 The likelihood of confusion factors. 937 00:45:18.880 --> 00:45:20.240 That's what they're called. 938 00:45:21.780 --> 00:45:25.480 So we're gonna go through them slowly. 939 00:45:25.480 --> 00:45:26.800 This is how you determine whether or not 940 00:45:26.800 --> 00:45:28.320 there's trademark infringement. 941 00:45:28.320 --> 00:45:31.220 And if you can use a trademark at all. 942 00:45:31.220 --> 00:45:32.820 All right? 943 00:45:32.820 --> 00:45:36.120 So, you know what I'm gonna do? 944 00:45:36.120 --> 00:45:38.140 I'm gonna drop a link for all of you. 945 00:45:39.720 --> 00:45:41.120 See if this works. 946 00:45:43.120 --> 00:45:46.120 I put all the likelihood of confusion factors 947 00:45:46.120 --> 00:45:47.760 together for you. 948 00:45:47.760 --> 00:45:52.000 So you wouldn't have to frantically try to type them in. 949 00:45:52.000 --> 00:45:53.600 And let's see if it still works. 950 00:45:54.640 --> 00:45:55.720 It does work. 951 00:45:55.720 --> 00:45:56.540 Phenomenal. 952 00:45:56.540 --> 00:45:57.380 Okay. 953 00:45:58.300 --> 00:45:59.140 Good. 954 00:45:59.140 --> 00:45:59.960 Life is good. 955 00:46:00.900 --> 00:46:03.100 All right, let me close this here. 956 00:46:03.100 --> 00:46:05.420 So you've got all the factors there. 957 00:46:05.420 --> 00:46:07.500 I just posted them to you in the chat. 958 00:46:07.500 --> 00:46:08.340 Okay? 959 00:46:08.340 --> 00:46:09.380 So you can follow along there. 960 00:46:09.380 --> 00:46:11.740 You can do whatever you want with it. 961 00:46:11.740 --> 00:46:12.580 All right? 962 00:46:12.580 --> 00:46:14.820 But I'm gonna walk you through them one by one. 963 00:46:17.180 --> 00:46:18.080 Okay, let's hit them. 964 00:46:18.080 --> 00:46:20.780 So the first thing that you look at 965 00:46:20.780 --> 00:46:21.900 to determine whether or not 966 00:46:21.900 --> 00:46:23.440 there's some kind of likelihood of... 967 00:46:23.440 --> 00:46:24.840 Actually, you know what I'll do? 968 00:46:24.840 --> 00:46:26.840 Why don't I just share the screen for you? 969 00:46:27.580 --> 00:46:28.580 Let's just do that. 970 00:46:33.480 --> 00:46:34.320 There we go. 971 00:46:40.540 --> 00:46:41.380 Okay. 972 00:46:41.380 --> 00:46:42.300 Can everybody see that? 973 00:46:44.500 --> 00:46:45.340 Okay, good. 974 00:46:45.340 --> 00:46:46.160 All right. 975 00:46:46.160 --> 00:46:48.140 These are the likelihood of confusion factors. 976 00:46:53.980 --> 00:46:57.360 So the way the likelihood of confusion factors work 977 00:46:58.240 --> 00:46:59.080 is it's kind of like... 978 00:46:59.080 --> 00:47:02.160 Anybody ever see the lady justice thing in courts 979 00:47:02.160 --> 00:47:04.320 where there's the scales, right? 980 00:47:04.320 --> 00:47:08.640 So if the scale tips against you, you infringe. 981 00:47:08.640 --> 00:47:11.600 If the scale tips towards you, you win. 982 00:47:11.600 --> 00:47:12.440 Okay? 983 00:47:12.440 --> 00:47:14.360 That's basically how it works. 984 00:47:14.360 --> 00:47:15.200 Okay? 985 00:47:15.200 --> 00:47:17.280 So you're trying to make sure 986 00:47:17.280 --> 00:47:22.280 that the majority of the factors are not against you. 987 00:47:22.480 --> 00:47:23.920 That's basically what you're doing. 988 00:47:23.920 --> 00:47:26.480 But there's certain factors that have more weight 989 00:47:26.520 --> 00:47:28.840 than any other factor. 990 00:47:28.840 --> 00:47:32.160 So as you're downloading this form here to use, 991 00:47:32.160 --> 00:47:34.820 you can kind of write down notes next to it 992 00:47:34.820 --> 00:47:37.720 to know which ones are more important than others. 993 00:47:37.720 --> 00:47:39.760 So let's start out with the first factor. 994 00:47:40.680 --> 00:47:43.640 The first factor is similarity or dissimilarity 995 00:47:43.640 --> 00:47:45.380 of the marks in their entirety. 996 00:47:45.380 --> 00:47:46.480 Okay? 997 00:47:46.480 --> 00:47:47.680 Okay. 998 00:47:47.680 --> 00:47:49.240 So what does that mean? 999 00:47:49.240 --> 00:47:50.680 The appearance. 1000 00:47:50.680 --> 00:47:53.320 So Nike versus Nike. 1001 00:47:53.320 --> 00:47:57.640 If there is N-I-K-E, N-I-K-I-E. 1002 00:47:57.640 --> 00:47:59.640 They look very similar. 1003 00:47:59.640 --> 00:48:02.000 There's only one letter that's different. 1004 00:48:02.000 --> 00:48:04.440 The next thing you look at is sound. 1005 00:48:04.440 --> 00:48:06.780 Nike sounds pretty similar to Nike. 1006 00:48:08.020 --> 00:48:08.860 Okay? 1007 00:48:08.860 --> 00:48:10.760 And so for that reason, 1008 00:48:11.640 --> 00:48:14.760 that's not weighing in your favor either. 1009 00:48:14.760 --> 00:48:17.260 Then the next one is like the feeling 1010 00:48:17.260 --> 00:48:18.880 that's invoked by the mark. 1011 00:48:18.880 --> 00:48:22.320 So like there are certain trademarks 1012 00:48:22.320 --> 00:48:24.240 that when you hear them, 1013 00:48:24.240 --> 00:48:27.360 there's an impression that you get, right? 1014 00:48:27.360 --> 00:48:30.440 So if somebody has a trademark like impulse, 1015 00:48:30.440 --> 00:48:33.120 impulse has a feeling to it, right? 1016 00:48:33.120 --> 00:48:35.880 It's not, you wouldn't expect to see impulse 1017 00:48:35.880 --> 00:48:39.920 as a trademark being used by ministry quite often, right? 1018 00:48:39.920 --> 00:48:42.880 Because impulse is like, it's quick, 1019 00:48:42.880 --> 00:48:46.640 it's bang, it's strong, it's very different. 1020 00:48:46.640 --> 00:48:49.040 So it has a certain feeling to it. 1021 00:48:49.040 --> 00:48:51.440 And then finally, commercial impression is like, 1022 00:48:51.440 --> 00:48:55.400 what is the general public feel about that trademark? 1023 00:48:55.400 --> 00:49:00.400 So looking at N-I-K-E versus N-I-K-I-E, 1024 00:49:03.160 --> 00:49:05.800 appearance is very similar, eh, bad. 1025 00:49:05.800 --> 00:49:09.680 Sound is not in your favor, eh, bad. 1026 00:49:09.680 --> 00:49:11.880 General feeling of the two of them, 1027 00:49:11.880 --> 00:49:16.520 N-I-K-E versus N-I-K-I-E, kind of similar, eh, bad. 1028 00:49:16.520 --> 00:49:18.240 Commercial impression, 1029 00:49:18.240 --> 00:49:19.800 that's probably gonna weigh against you too. 1030 00:49:19.840 --> 00:49:23.680 So, so far, you are really in the negative. 1031 00:49:24.760 --> 00:49:26.560 Okay, the next thing that you look at 1032 00:49:26.560 --> 00:49:28.960 to determine if there's trademark infringement 1033 00:49:28.960 --> 00:49:30.720 is you look at the goods and services 1034 00:49:30.720 --> 00:49:33.560 and determine if for the two different trademarks 1035 00:49:33.560 --> 00:49:37.400 are the goods similar, all right? 1036 00:49:37.400 --> 00:49:42.400 So let's say Nike for cleats and Nike for T-shirts. 1037 00:49:43.280 --> 00:49:44.760 Let's do that. 1038 00:49:44.760 --> 00:49:47.880 So are cleats similar to T-shirts? 1039 00:49:48.880 --> 00:49:51.800 Somebody, somebody unmute yourself. 1040 00:49:51.800 --> 00:49:53.720 Actually, let's, somebody raise your hand. 1041 00:49:53.720 --> 00:49:54.920 I'm gonna get some interaction here 1042 00:49:54.920 --> 00:49:57.160 because this is technical stuff here. 1043 00:49:58.920 --> 00:50:00.000 So let's get some. 1044 00:50:00.000 --> 00:50:07.000 participation here. So, all right. Aurelio, let's unmute you. 1045 00:50:07.400 --> 00:50:09.440 So let's talk through some of this with you, brother. 1046 00:50:09.720 --> 00:50:10.840 All right. What's up, Peter? 1047 00:50:11.400 --> 00:50:16.440 Good to see you, man. Good to see you. All right. So Nike for 1048 00:50:16.440 --> 00:50:20.560 cleats and Nike for t shirts. Do our cleats similar to t 1049 00:50:20.560 --> 00:50:21.120 shirts? 1050 00:50:21.840 --> 00:50:22.680 Not at all. 1051 00:50:24.880 --> 00:50:28.760 Right. I would agree. I would tend to agree. They're not 1052 00:50:28.840 --> 00:50:35.480 similar at all. So now you go to the next factor. And then the 1053 00:50:35.480 --> 00:50:42.160 next factor, you look at similarity or dissimilarity of 1054 00:50:42.160 --> 00:50:46.080 the the means in which they're the trade channels, right? So 1055 00:50:46.400 --> 00:50:50.080 are the cleats being sold in a place that are similar to the 1056 00:50:50.080 --> 00:50:52.720 place where the t shirts are being sold? That's what you're 1057 00:50:52.720 --> 00:50:53.240 looking at? 1058 00:50:53.960 --> 00:50:54.800 Yes. 1059 00:50:55.240 --> 00:50:59.760 So yeah, right. They are kind of looking in a similar place, 1060 00:50:59.760 --> 00:51:02.920 right? So so far, we've got an issue with the similarity or 1061 00:51:02.920 --> 00:51:06.200 dissimilarity of the marks. Then we also got an issue with regard 1062 00:51:06.200 --> 00:51:10.840 to the means of trade. Okay, because t shirts and cleats are 1063 00:51:10.840 --> 00:51:13.600 kind of sold in the same place. They also sound the same, they 1064 00:51:13.600 --> 00:51:17.560 look the same, similar impression. Now you look at the 1065 00:51:17.560 --> 00:51:22.600 next factor, which says, is this an impulse purchase? So if the 1066 00:51:22.600 --> 00:51:26.920 product is really expensive, that's not an impulse product. 1067 00:51:28.400 --> 00:51:34.120 Right? If you have to spend $5,000 on an audio speaker, 1068 00:51:34.160 --> 00:51:36.960 that's not an impulse product. You don't walk into target and 1069 00:51:36.960 --> 00:51:41.640 say, at least all right, let me clarify. If you're married, then 1070 00:51:41.640 --> 00:51:45.480 it's not an impulse product. Okay. Let's put it that way. 1071 00:51:45.480 --> 00:51:48.880 Okay. If you're not married, maybe it's an impulse product 1072 00:51:48.920 --> 00:51:53.800 for you. Okay. But um, you know, so the situation is that, you 1073 00:51:53.800 --> 00:51:55.760 know, you walk into target, you're like, I'm gonna pick a 1074 00:51:55.760 --> 00:51:59.080 pair of cleats. I'm gonna pick up a t shirt. I mean, they're 1075 00:51:59.080 --> 00:52:03.640 both around 50 bucks or less, maybe maybe 90 bucks tops. You 1076 00:52:03.640 --> 00:52:06.000 know, could you spend more? Yeah, but they're kind of 1077 00:52:06.000 --> 00:52:09.440 impulse kind of products. Now, if you're picking up a pair of 1078 00:52:09.440 --> 00:52:13.880 Jordans for $12,000, it's not an impulse product. Okay. But in 1079 00:52:13.880 --> 00:52:17.720 this case of comparing the cleat versus a t shirt, I'd say they're 1080 00:52:17.720 --> 00:52:20.880 both kind of impulse products. You don't have to be really 1081 00:52:20.880 --> 00:52:23.840 sophisticated in purchasing them. So then you look at the 1082 00:52:23.840 --> 00:52:29.760 next thing here, you say, are there a lot of other marks that 1083 00:52:29.760 --> 00:52:34.320 are very similar? So are there a lot of trademarks out there 1084 00:52:34.320 --> 00:52:42.800 using ni ke, or ni ke? I would think probably not. You know, 1085 00:52:42.800 --> 00:52:45.960 you'd have to do a search and determine that. Then finally, 1086 00:52:45.960 --> 00:52:49.560 you look at the existence of some kind of consent agreement 1087 00:52:49.560 --> 00:52:53.240 that doesn't exist. Like Nike's not saying yes, you can use ni 1088 00:52:53.240 --> 00:52:56.720 ke. That didn't happen. Right. So that's not weighing in your 1089 00:52:56.720 --> 00:53:00.040 favor. And then evidence of actual confusion. What that 1090 00:53:00.040 --> 00:53:03.480 means is, is there a situation where somebody sent you a 1091 00:53:03.480 --> 00:53:07.240 letter saying, hey, I saw you with this product line, and I ke 1092 00:53:07.280 --> 00:53:11.440 it looks very similar to ni ke. I was confused by it. That's 1093 00:53:11.560 --> 00:53:15.000 evidence of actual confusion that weighs heavily against you. 1094 00:53:15.320 --> 00:53:19.920 Very, it's hard to recover from that. And then finally, strength 1095 00:53:19.920 --> 00:53:24.040 of the mark. Ni ke, would you say Aurelio is that that's a 1096 00:53:24.040 --> 00:53:24.800 strong trademark? 1097 00:53:25.920 --> 00:53:27.200 Definitely. Yeah. 1098 00:53:27.920 --> 00:53:30.720 Everybody knows that name in many different countries. So it's 1099 00:53:30.720 --> 00:53:35.080 a very strong trademark. So in your opinion, Aurelio, if 1100 00:53:35.080 --> 00:53:44.680 somebody use ni ke for cleats, and we know that Nike has ni ke 1101 00:53:44.680 --> 00:53:47.080 for cleats, do you believe that there's trademark infringement? 1102 00:53:47.880 --> 00:53:51.840 Yes. Yeah. Yeah. You see that that's the Thank you. 1103 00:53:51.880 --> 00:53:56.160 Appreciate you. That is the assessment that you do every 1104 00:53:56.160 --> 00:53:59.760 time that you do a trademark search. You look at all these 1105 00:53:59.760 --> 00:54:02.920 different factors. And this is what your lawyer will do. That's 1106 00:54:02.920 --> 00:54:05.960 the assessment that your lawyer is going to do. They'll look at 1107 00:54:05.960 --> 00:54:08.280 all these different factors to determine whether or not there 1108 00:54:08.280 --> 00:54:12.640 is trademark infringement. Does that make sense? Now you have 1109 00:54:12.640 --> 00:54:14.600 the list of the different factors. So you can go through 1110 00:54:14.600 --> 00:54:17.720 them yourself. When you do a trademark search yourself, you 1111 00:54:17.720 --> 00:54:20.520 can look through it and take your time and look through them 1112 00:54:20.520 --> 00:54:23.880 one by one. Or you can take the easy way out and just hire a 1113 00:54:23.880 --> 00:54:27.520 lawyer. The lawyer is going to do all this for you. But the 1114 00:54:27.520 --> 00:54:30.760 intent of the protector idea challenge is to make sure that 1115 00:54:30.760 --> 00:54:35.040 you understand all these things. So you can minimize the number 1116 00:54:35.040 --> 00:54:37.920 of things that you're bringing to your attorney. Instead of 1117 00:54:37.920 --> 00:54:40.040 going to your attorney with five trademarks, you're going with 1118 00:54:40.040 --> 00:54:43.240 one because you got rid of four of them on your own. Does that 1119 00:54:43.240 --> 00:54:46.920 make sense? Now all of a sudden, instead of paying $10,000, 1120 00:54:46.920 --> 00:54:50.920 you're paying a lot less. Decrease your cost makes you 1121 00:54:50.920 --> 00:54:55.960 more savvy and makes you more powerful as an entrepreneur. 1122 00:54:56.360 --> 00:54:59.920 All right, let me see here. I think I'll share 1123 00:55:00.000 --> 00:55:02.160 One more thing with you, because today we're 1124 00:55:02.160 --> 00:55:04.160 going to close on trademarks. 1125 00:55:04.160 --> 00:55:07.120 And then we're going to go into tomorrow 1126 00:55:07.120 --> 00:55:08.520 we're going to start copyrights. 1127 00:55:08.520 --> 00:55:11.960 I don't want to overwhelm you with too much material. 1128 00:55:11.960 --> 00:55:14.880 I think over the last two days you've got enough 1129 00:55:14.880 --> 00:55:16.600 for trademarks. 1130 00:55:16.600 --> 00:55:18.360 I'll just mention one more thing for you, 1131 00:55:18.360 --> 00:55:21.240 because there's a number of you that are in foreign countries. 1132 00:55:21.240 --> 00:55:23.880 You can do foreign filing. 1133 00:55:23.880 --> 00:55:27.040 If you file in the United States, within six months 1134 00:55:27.040 --> 00:55:30.240 you can do foreign filing. 1135 00:55:30.240 --> 00:55:31.400 That's all you need to know. 1136 00:55:31.400 --> 00:55:34.160 We'll keep it at that, very top level. 1137 00:55:34.160 --> 00:55:35.920 If you want to maintain the filing 1138 00:55:35.920 --> 00:55:39.240 date of your original filing, then within six months 1139 00:55:39.240 --> 00:55:41.200 you can foreign file. 1140 00:55:41.200 --> 00:55:42.920 That's all. 1141 00:55:42.920 --> 00:55:44.200 OK? 1142 00:55:44.200 --> 00:55:47.520 All right, I saw earlier a few other questions. 1143 00:55:47.520 --> 00:55:51.560 Let me take two more questions. 1144 00:55:51.560 --> 00:55:52.080 Let's see. 1145 00:55:57.760 --> 00:56:00.080 OK, yeah, that's a good question. 1146 00:56:00.080 --> 00:56:02.440 All right. 1147 00:56:02.440 --> 00:56:06.400 Let's talk about if you hire somebody to do service for you. 1148 00:56:06.400 --> 00:56:08.160 Let's say you hire somebody to come up 1149 00:56:08.160 --> 00:56:11.960 with a name for your company. 1150 00:56:11.960 --> 00:56:13.760 Or even better, you hire somebody 1151 00:56:13.760 --> 00:56:15.160 to create a logo for you. 1152 00:56:18.280 --> 00:56:20.760 You have to make sure that they assign all right title 1153 00:56:20.760 --> 00:56:23.360 and interest to the logo to you or to your company 1154 00:56:23.360 --> 00:56:26.680 before you file your trademark application. 1155 00:56:26.680 --> 00:56:30.720 Because you don't technically own it. 1156 00:56:30.720 --> 00:56:31.240 All right? 1157 00:56:31.240 --> 00:56:34.360 What you've gotten instead is called a non-exclusive license. 1158 00:56:34.360 --> 00:56:36.840 You don't own it yet. 1159 00:56:36.840 --> 00:56:41.480 You have to own it to file a document with the government 1160 00:56:41.480 --> 00:56:44.000 where you're claiming that you own it. 1161 00:56:44.000 --> 00:56:44.960 OK? 1162 00:56:44.960 --> 00:56:46.960 In VIP, we're going to walk through the parts 1163 00:56:46.960 --> 00:56:48.720 of a trademark application very soon. 1164 00:56:48.720 --> 00:56:52.640 And we're going to actually file one online together. 1165 00:56:52.640 --> 00:56:55.880 But for those who can't go, which is that's fine too. 1166 00:56:55.880 --> 00:57:00.480 Just understand that if you have somebody create your logo, 1167 00:57:00.480 --> 00:57:02.720 you want to make sure that they assign all right title 1168 00:57:02.720 --> 00:57:03.520 and interest to you. 1169 00:57:03.520 --> 00:57:05.960 And then after that, then you file your logo 1170 00:57:05.960 --> 00:57:07.080 with the trademark office. 1171 00:57:07.080 --> 00:57:08.640 Not before. 1172 00:57:08.640 --> 00:57:11.080 Because you don't own it yet. 1173 00:57:11.080 --> 00:57:11.920 OK? 1174 00:57:11.920 --> 00:57:13.800 Because some of you are outsourcing things. 1175 00:57:13.800 --> 00:57:15.000 You're outsourcing logos. 1176 00:57:15.000 --> 00:57:16.280 You're outsourcing products. 1177 00:57:16.280 --> 00:57:18.080 You're hiring third parties. 1178 00:57:18.080 --> 00:57:21.560 You're doing partnership agreements with other people. 1179 00:57:21.560 --> 00:57:23.000 That's the other thing. 1180 00:57:23.000 --> 00:57:26.240 If you have a partner within your company who's 1181 00:57:26.240 --> 00:57:28.640 coming up with the names, who's coming up with the logos 1182 00:57:28.640 --> 00:57:31.000 and things like that, you've got to figure out 1183 00:57:31.000 --> 00:57:32.800 beforehand with these individuals 1184 00:57:32.800 --> 00:57:35.800 who's going to have ownership rights to these things. 1185 00:57:35.800 --> 00:57:38.080 Because these are actual. 1186 00:57:38.080 --> 00:57:40.160 These are intangible products, essentially. 1187 00:57:40.160 --> 00:57:41.840 They're intangible assets. 1188 00:57:41.840 --> 00:57:44.480 But it's like somebody just created a car. 1189 00:57:44.480 --> 00:57:45.760 Who owns the car? 1190 00:57:45.760 --> 00:57:47.360 Who can drive the car? 1191 00:57:47.360 --> 00:57:50.720 Who can let other people drive the car? 1192 00:57:50.720 --> 00:57:52.840 So if you have a partnership agreement with another 1193 00:57:52.840 --> 00:57:53.960 or you're working with another party, 1194 00:57:53.960 --> 00:57:55.600 you've got to figure that out up front. 1195 00:57:55.600 --> 00:57:57.520 OK? 1196 00:57:57.520 --> 00:57:59.360 Does that make sense? 1197 00:57:59.360 --> 00:57:59.920 OK. 1198 00:57:59.920 --> 00:58:00.320 Good. 1199 00:58:00.320 --> 00:58:00.960 Good. 1200 00:58:00.960 --> 00:58:01.440 All right. 1201 00:58:01.440 --> 00:58:03.360 Let me take one or two other questions 1202 00:58:03.360 --> 00:58:08.080 before we jump into VIP. 1203 00:58:08.080 --> 00:58:09.960 So let's see. 1204 00:58:09.960 --> 00:58:12.320 It is a lot more quiet today. 1205 00:58:12.320 --> 00:58:14.320 Are you guys overwhelmed? 1206 00:58:14.320 --> 00:58:15.560 We went slow, right? 1207 00:58:15.560 --> 00:58:17.720 Or was it too much today? 1208 00:58:17.720 --> 00:58:19.000 It was OK? 1209 00:58:19.000 --> 00:58:19.920 No, it's not. 1210 00:58:19.920 --> 00:58:22.360 Yes, no. 1211 00:58:22.360 --> 00:58:23.760 OK, good. 1212 00:58:23.760 --> 00:58:25.200 All right, looks like you guys are keeping up. 1213 00:58:25.200 --> 00:58:26.360 That's good. 1214 00:58:26.360 --> 00:58:29.280 All right. 1215 00:58:29.280 --> 00:58:32.400 OK, here's one other really good question. 1216 00:58:32.400 --> 00:58:38.080 If you file, OK, this is a good point. 1217 00:58:38.080 --> 00:58:40.480 All right, if you file a trademark application 1218 00:58:40.480 --> 00:58:44.440 for actual use, but then as you're 1219 00:58:44.440 --> 00:58:46.680 prosecuting with the United States Patent and Trademark 1220 00:58:46.680 --> 00:58:49.320 Office, they're not allowing the case. 1221 00:58:49.320 --> 00:58:52.640 Because let's say they don't like your recitation 1222 00:58:52.640 --> 00:58:53.960 of goods or services. 1223 00:58:53.960 --> 00:58:58.200 Or they're not accepting the specimen, 1224 00:58:58.200 --> 00:58:59.880 the example of your use. 1225 00:58:59.880 --> 00:59:02.840 They're not accepting it. 1226 00:59:02.840 --> 00:59:05.560 There's a way out. 1227 00:59:05.560 --> 00:59:08.120 What you can do is you can change your actual use 1228 00:59:08.120 --> 00:59:12.880 application into an intent to use application. 1229 00:59:12.880 --> 00:59:15.280 So you can change it from a 1A application 1230 00:59:15.280 --> 00:59:18.400 to a 1B application. 1231 00:59:19.400 --> 00:59:21.600 So if you filed your trademark application 1232 00:59:21.600 --> 00:59:25.640 and things are not working, the examiner says, 1233 00:59:25.640 --> 00:59:27.040 I don't like your specimen. 1234 00:59:27.040 --> 00:59:29.320 I don't like your proof of use. 1235 00:59:29.320 --> 00:59:31.200 I'm not accepting your proof of use. 1236 00:59:31.200 --> 00:59:33.960 Like, I don't like the way that you're using your trademark 1237 00:59:33.960 --> 00:59:34.920 on your website. 1238 00:59:34.920 --> 00:59:36.240 And you're going back and forth. 1239 00:59:36.240 --> 00:59:38.360 And you're like, oh my gosh, this knucklehead 1240 00:59:38.360 --> 00:59:39.360 is not allowing this. 1241 00:59:39.360 --> 00:59:40.680 I can't. 1242 00:59:40.680 --> 00:59:41.760 This isn't working. 1243 00:59:41.760 --> 00:59:43.520 You can actually change your application 1244 00:59:43.520 --> 00:59:46.920 from an actual use to an intent to use. 1245 00:59:47.040 --> 00:59:48.480 There's a document you can file. 1246 00:59:48.480 --> 00:59:49.880 Speak to your attorney about it. 1247 00:59:49.880 --> 00:59:52.120 They should know where to do that. 1248 00:59:52.120 --> 00:59:56.160 The result is that now what it does is, 1249 00:59:56.160 --> 00:59:57.960 since it's intent to use, you no longer 1250 00:59:57.960 --> 00:59:59.720 have to provide proof of use. 1251 00:59:59.720 --> 01:00:01.760 So now you can do that. 1252 01:00:00.000 --> 01:00:01.560 Now your case can get allowed. 1253 01:00:01.560 --> 01:00:03.080 And now over the next three years, 1254 01:00:03.080 --> 01:00:06.320 you can try to come up with a good specimen. 1255 01:00:06.320 --> 01:00:09.280 But the fact is that you're not going to lose your case. 1256 01:00:09.280 --> 01:00:11.280 Because when you file your application 1257 01:00:11.280 --> 01:00:15.320 and it gets examined, at some point it should issue. 1258 01:00:15.320 --> 01:00:17.800 File, examination, issue. 1259 01:00:17.800 --> 01:00:19.560 That's what should happen. 1260 01:00:19.560 --> 01:00:23.440 But if you're not getting past the examination, 1261 01:00:23.440 --> 01:00:26.480 you don't have to abandon your case. 1262 01:00:26.480 --> 01:00:29.640 You can change it to an intent to use application. 1263 01:00:29.680 --> 01:00:31.320 So you don't lose your filing date. 1264 01:00:34.040 --> 01:00:36.560 That was very detailed what I just showed you. 1265 01:00:36.560 --> 01:00:41.560 But it's a strategy that we use in prosecution 1266 01:00:42.400 --> 01:00:46.480 when we're getting stuck with trying to get a specimen 1267 01:00:46.480 --> 01:00:48.920 through the United States Patent and Trademark Office 1268 01:00:48.920 --> 01:00:51.400 or Canadian or other offices. 1269 01:00:51.400 --> 01:00:53.800 We get stuck, then we can change it 1270 01:00:53.800 --> 01:00:55.840 into an intent to use application. 1271 01:00:55.840 --> 01:00:58.620 Does anybody else have a question before we end? 1272 01:01:00.040 --> 01:01:01.800 If you do, raise your virtual hand. 1273 01:01:03.480 --> 01:01:06.240 Obviously in VIP, we're going to go into a bunch of things. 1274 01:01:06.240 --> 01:01:08.640 Raylio had a great question about fonts. 1275 01:01:09.880 --> 01:01:11.640 Yeah, I saw the question on fonts. 1276 01:01:11.640 --> 01:01:14.760 So you can't claim ownership to a font 1277 01:01:14.760 --> 01:01:17.720 that you didn't create, okay? 1278 01:01:17.720 --> 01:01:22.600 So fonts can potentially be protected 1279 01:01:22.600 --> 01:01:24.600 under copyright law. 1280 01:01:24.600 --> 01:01:25.920 They can be protected. 1281 01:01:25.920 --> 01:01:28.600 If you have a logo with a unique font, 1282 01:01:28.600 --> 01:01:32.080 that can potentially be protected, the logo itself. 1283 01:01:32.080 --> 01:01:37.080 But in general, if you're using a font in a trademark, 1284 01:01:40.180 --> 01:01:42.080 that's a logo, not a wordmark. 1285 01:01:43.680 --> 01:01:47.660 So what it's called in the trademark world is stylized. 1286 01:01:49.000 --> 01:01:49.840 Okay? 1287 01:01:49.840 --> 01:01:53.440 So if you have a stylized use of a word, 1288 01:01:53.440 --> 01:01:56.840 your stylized use of the word has to be filed 1289 01:01:56.920 --> 01:02:01.920 as a logo, as a design, not as a wordmark. 1290 01:02:03.640 --> 01:02:05.800 Because whenever you file a wordmark, 1291 01:02:05.800 --> 01:02:09.160 they're just taking the letters, that's it, nothing else. 1292 01:02:09.160 --> 01:02:12.000 They're not taking any of the stylization. 1293 01:02:12.000 --> 01:02:17.000 Now, if somebody has some unique fonts 1294 01:02:18.880 --> 01:02:22.440 and you decide to use their fonts within your logo, 1295 01:02:22.440 --> 01:02:26.480 you have to determine if there's any rights to the fonts. 1296 01:02:27.120 --> 01:02:28.600 That's between you and the entity 1297 01:02:28.600 --> 01:02:30.360 that you're taking the fonts from. 1298 01:02:30.360 --> 01:02:31.940 You have to look at the licenses. 1299 01:02:31.940 --> 01:02:33.160 You have to look at any rights 1300 01:02:33.160 --> 01:02:34.960 associated with that beforehand. 1301 01:02:34.960 --> 01:02:36.360 Okay? 1302 01:02:36.360 --> 01:02:37.720 All right. 1303 01:02:37.720 --> 01:02:39.260 Jimmy, you're in VIP, right? 1304 01:02:40.760 --> 01:02:42.080 You're not in VIP? 1305 01:02:42.080 --> 01:02:43.040 Lois, you are? 1306 01:02:44.200 --> 01:02:45.040 No, I'm not in VIP. 1307 01:02:45.040 --> 01:02:46.880 All right, we'll talk to you there. 1308 01:02:46.880 --> 01:02:48.240 I'm just gonna take one question 1309 01:02:48.240 --> 01:02:49.840 because we're already at one. 1310 01:02:49.840 --> 01:02:51.300 Go ahead, Jimmy, go ahead. 1311 01:02:51.300 --> 01:02:53.800 Well, my question, as an author, 1312 01:02:53.800 --> 01:02:58.800 when I have my book cover designed, which I've done, 1313 01:02:58.800 --> 01:03:02.640 how do I ensure that I have the rights to the cover 1314 01:03:02.640 --> 01:03:07.000 and not the illustrator who created the cover for me? 1315 01:03:07.000 --> 01:03:07.880 That's a great question. 1316 01:03:07.880 --> 01:03:08.720 That's copyright law. 1317 01:03:08.720 --> 01:03:10.080 We're covering that tomorrow. 1318 01:03:10.080 --> 01:03:10.920 All right. 1319 01:03:13.200 --> 01:03:14.360 All right, my friends. 1320 01:03:14.360 --> 01:03:15.800 I am going to let you go. 1321 01:03:15.800 --> 01:03:18.760 Make sure you go live, again, in the Facebook group, 1322 01:03:18.760 --> 01:03:21.400 say what actually was highlighted to you, 1323 01:03:21.400 --> 01:03:24.560 something new, some golden nugget. 1324 01:03:24.560 --> 01:03:27.000 Let me know what's actually jumping out 1325 01:03:27.000 --> 01:03:28.680 and helping you in your business.