WEBVTT

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Alright, so welcome to VIP. This is very different. So what we're going to do here is we're going

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to be going deeper, but we're also going to do hot seats. So as you're thinking of your

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own businesses, or you're thinking your own situations, you'll be able to email me specific

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questions. And then every once in a while, I'll do hot seats and kind of dig into what

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you need. Right now, I will never give you legal advice. Just to be clear, I don't give

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legal advice on these. And the reason for that is because you're not clients, right?

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And I'm not trying to make you clients. What I'm trying to do, though, is make sure that

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ethically, I don't cross over that line by giving you legal advice. So what I'll be doing

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is explaining to you what the law says that's kind of related to your situations. And then

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what you should be doing is either speaking to your attorney with some level of knowledge,

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as opposed to going to like, let's say, a mechanic and saying, you know, I don't know

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what's wrong. Instead, you're going to them and saying, change the spark plugs, right?

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Big difference, huge difference in cost, by the way, been there, done that. So you want

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to make sure that you know what you're talking about, before you're asking for legal support.

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So my intent is to kind of dig into your situations and kind of give you some guidance so that

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you do well. Now, there's something that you guys will learn about later during the week,

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which is going to help you grow. Like as you're growing in your business, as you're building

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your business, as you run into new questions, as you run into new scenarios, it'll help

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you grow with this content. And as you try to implement this content, you're going to

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have questions. Like when you do a trademark search, you're going to start asking questions.

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Like one of the things many of you will actually ask is, how do I actually search for logos?

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Like, there's no words in logos. Anybody ever think about that? Like, how exactly do you search

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a design? Right? So I'm going to cover that for you. Okay, you guys will get that as we dig into

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some more detail. Now, what is that? Oh, I see what Larissa wrote. Yeah, I don't even know how

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that started, Larissa. I have no idea. It's probably April. Was it? I was thinking April too.

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Yeah. Okay. All right. But it's grown since there. So let's just start out by all of you.

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Well, most of you were there for the first session. So are there any specific questions

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that you guys have before I start digging into some of the other content I want to share with

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you though? Probably. Well, I know it'll transform some of the things in your business. If you have

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a specific question, just raise your virtual hand. And I will be happy to answer it.

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I don't see any questions yet. Oh, I see one. Catherine, you're up, my friend. Go ahead.

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So what I understood from you was that...

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Your audio's like broken up. Okay. Hang on just a second.

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Sure. No, no problem. Okay. Much better. Oh, can you already tell the difference? Yeah.

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Okay. So here's what's going on. You had mentioned to us that first we do the top level search,

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the free search, and then go to the attorney with all of the specimens that we need so that they can

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prepare the package to be submitted. And that's great. And one of the things that I heard you say

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was that the pricing needs to be on our website, for instance, or cost of services

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needs to be on our website as a, for instance, of types of things that the attorney will ask for.

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And so... Yeah, I don't remember saying that the cost of services had to be on your website,

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but the list of services. List of services. Okay.

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Right. Not the cost. So basically there's... And we're going into this in a lot more detail

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tomorrow. But when you come up with specimens for trademark applications, there's different

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requirements for them. And so what I'm going to be dropping tomorrow is the link to the

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manual patent examination procedure that actually tells you what exactly is required for

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a specimen for goods and what's required for a specimen for services. So it'll lay it out

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so you know exactly what's needed. So let's say, are you trying to...

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protect the service or good? Like, is it a product? Or is it

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a service that you're providing?

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I would say my best guess, right? That's how early on I am

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in this. Right would be would be a service. So I'm looking to put

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together a subscription, as well as well, but there are also

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going to be books. So which would be products, right, right.

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Yeah, so they're different for books than they would be for

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services. So you're

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marks for both.

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There are two different international classes. So yes.

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So what you would do is file one trademark application, but there

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would be for two different international classes. One would

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be for books and the other one would be for whatever coaching

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services that you're providing. So it could be the same

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application or you could divide it into two applications. You

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can make it one application for the books, one application for

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the services. I don't tell people to do that. I think

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that's a waste of time, you end up have to type everything all

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over for no reason. I say just file one application and then

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select two different areas, two different international classes.

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Tomorrow, in VIP, we're going to go through the actual filing of

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an application online. So you'll be able to actually see what are

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all the parts that are needed. And so you'll be able to select

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like so we can do the example of books too. We could type in the

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word books and see what pops up. I think coaching services falls

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under like class 41, I think. Because it's like coaching. It's

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also called like teaching and conferences, live conferences,

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things like that. I think those are all class 41.

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And does that also cover subscriptions, like say for

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monthly get togethers Q&As?

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Are they live?

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Live.

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Yeah. So what you can do is do a search for that to see which

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international class it is. So tomorrow, when I go through the

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actual filing of an application, we can type in different

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words. So you can see which one, you know, which class which

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international class pertains to your scenario. Yeah. Awesome.

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So yeah, so the, the but let's go back to your original

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question, which is, what is the specimen supposed to look like?

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Right. So if it's a, if you have a situation where it's a book,

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then you can take a picture of the book with the logo on it. Or

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you could take a book of the packaging with the book inside

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with the logo on it. Right. But you need to show the trademark

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on either the packaging or the product. That's the way it works

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for products for goods. All right. So let's say you're doing

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a let's say you've got like a bottle of water, right? Here's

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essential, right? So you take a picture of the essential bottle

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like that, because it shows the trademark right on it. And

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you'll see right on the top here. I don't know if you can

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see it. You see the circle are right there on the A. Yes. Yeah,

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it's right up there. You can barely see it. But that's their

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federal registration, right? Now, one of the things I'm going

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to be talking about tomorrow that you guys get a preview to

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you is you should not be using a circle are and anything you

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don't have a federal registration for. You can be

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sued for tortious interference with business practice. And

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that's, that's not good. Basically, what happens is when

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you when you use a circle are you're telling the world that

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you have a federal registration, so other people are not using

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that name. And so the government says, Well, that's

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not fair. If people believe you have a federal registration,

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that means you own all of the United States. Right? Because

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there's a difference between a state registration and a federal

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registration that covers all of the United States. Those are two

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different things. Okay, so you have state rights. And then you

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have federal rights. Right? If you file a trademark application

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with the United States Patent and Trademark Office, that is a

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federal trademark application. If you get a registration with

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them, you now own get this, you own all of the United States.

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Not just like the state you're in, you own all of it. Even if

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you haven't sold anything anywhere, like in other countries

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in other states, you still own it. So as long as you've used it

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at least once in interstate commerce, interstate commerce

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means across the state lines. So if you have an online business,

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and you're providing this, this coaching service, or you're

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doing this training service, right, or I'm doing challenges,

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right, I've

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got people that are all over the world that join these things.

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Okay, and so if I'm doing a challenge, I definitely have

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interstate commerce. And so what I can do is file a trademark

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application, and then own all of the United States. Even if I

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only have one other customer in another state, I now own all the

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United States. That's why I tell people all the time, if you have

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use in interstate commerce, don't waste money on state

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registrations. It's a waste of money. You don't want to file

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one application in Maryland one application in like North

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Carolina, another application in California file one application.

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And now you own every single state. So it's way more

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powerful. And it saves you a lot of money. See, that's the other

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thing is a lot of times the attorneys aren't going to tell

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you that every time you file in a single state, you're being

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charged by the attorney. You file one application federally,

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you own every state, there's not a lot of money for the attorneys

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to make. But you now have more power than you would have had by

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owning three states. So you're spending less money, where you

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have more power, that's that that's pretty good. So that's

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why I would I would look at doing your federal registration

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if you can. Now, if you only have use within the state, like

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state only, that's called intrastate use. So I n t r a

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state, right? That's different from inter. There are two

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different things. So inter I n t e r is covering outside of your

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state intra is only in your state. If you only have use in

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your state only, then you can only file for state

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registration, you can't file for federal because you haven't

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crossed state lines. But I'm telling you if you sold anything

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on the internet, chances are very high that you've actually

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covered interstate.

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Okay, so so for instance, if I've run beta groups, and there

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have been people, different people across the US, and there

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have been people like in England or Australia, stuff like that,

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as well, then the the federal is going to cover the US. That's

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what I and and do I need to do something for international too?

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Yeah, we're covering that tomorrow as well. Okay. So there

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is an option to do foreign filing as well. The timeline

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that you want to handle is filing within six months of

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filing in the United States. Okay, because if you file within

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six months, then you get the filing date of your US case. So

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what does that mean? Like what in the world is this guy talking

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about? Let me explain this to you. Okay. All right. If you

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file a trademark application on January 1, 2022. Okay. Now,

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let's say somebody in Germany sees that name on a product, and

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they go, man, that is an awesome name. I want that name, and they

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start using it themselves, right? As long as you file

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within six months of your US filing date, you will then for

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foreign filing, you will then have the filing date of your US

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case. So if they copied it, after you filed in the US, you

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have preemptive rights, because you predate them because your

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foreign filing is based on the US filing, but it must be done

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within six months. If six months pass by, can't do it.

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Does the filing have to be completed within the six months

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or no, no, it has to be applied for it has to be filed. Okay,

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so completed. When I hear the word completed, I think

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registered. Right? No, you don't control registration. Like

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you file your application, then you wait for the United States

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Patent and Trademark Office, or you wait for, you know, if

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you're doing a, an application under the Madrid Protocol, which

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is a foreign case, your attorney will know all the stuff I'm

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talking about. Right. So if you all you tell your attorney is, I

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need the foreign file, then the next thing you should be able to

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say is, I need to do it within six months of my US filing,

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they're gonna go, how in the world did you know that? That's

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the very first thing they're gonna think like, that's, that's

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attorney lingo. But if you miss that six month date, then you're

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not going to have the filing date of the United States. So if

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if Kerry starts using a name, let's say in the United States,

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and I'm in again, Germany, and I see it, I'm like, man, Kerry,

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That is a great name.

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I'm gonna use that name myself.

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I'm gonna start using it in Germany.

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And so I start three months later

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using that exact same name.

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And Carrie's going, well, that's not fair.

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Now all of a sudden in Germany,

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the name that I'm using is starting to be used over there.

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And people think it's my product when it's not my product.

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It's this other company by this knucklehead Peter

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who's using it, that's not fair.

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And so Carrie is like, I'm so mad, this is not working.

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And so what does she do?

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She foreign files within six months of filing in the U.S.

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And then she relies upon the U.S. filing date.

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And then she comes after me and she says,

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hey, knucklehead, that name, it's mine.

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And my filing date, it predates your first use.

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So you got two options.

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You can either stop or I can sue you.

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And what happens?

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Chances are the people stop.

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Okay.

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Does that help?

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Yes, I think I was supposed to have started

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a couple of years ago.

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So I'm thinking.

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That's okay.

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Remember how I told you when we started out,

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people were going to be within the first two days,

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they're gonna go, oh man, I should have this,

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I should have that.

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You're just starting to feel the growth pains, that's all.

227
00:16:24.560 --> 00:16:28.600
So be patient with yourself and say,

228
00:16:28.600 --> 00:16:31.800
well, now I have knowledge that I didn't know before.

229
00:16:31.800 --> 00:16:33.000
So now I can fix it.

230
00:16:33.000 --> 00:16:34.280
That's all.

231
00:16:34.280 --> 00:16:35.160
That's all it is.

232
00:16:35.160 --> 00:16:37.360
It's just new knowledge.

233
00:16:37.360 --> 00:16:38.280
That's all.

234
00:16:38.280 --> 00:16:39.120
Sounds good.

235
00:16:39.120 --> 00:16:39.960
Thank you, Peter.

236
00:16:39.960 --> 00:16:40.800
You're so welcome.

237
00:16:40.800 --> 00:16:41.640
You're so welcome.

238
00:16:41.640 --> 00:16:43.160
All right, let me talk a little bit about domain names

239
00:16:43.160 --> 00:16:45.800
because this is where people get in a lot of trouble.

240
00:16:47.840 --> 00:16:50.640
You come up with this new name for a company

241
00:16:50.640 --> 00:16:52.920
and then you think, man, I want to own the domain name.

242
00:16:52.920 --> 00:16:56.360
And then you find out somebody else has domain name

243
00:16:56.360 --> 00:16:59.600
and you think to yourself, what do I do?

244
00:16:59.600 --> 00:17:03.200
Like, hold it, I file,

245
00:17:03.200 --> 00:17:06.240
I just file for my trademark application.

246
00:17:06.240 --> 00:17:08.319
And then when I went to file for,

247
00:17:08.319 --> 00:17:11.119
when I tried to get domain name, somebody has it already.

248
00:17:11.119 --> 00:17:12.440
Like, what do I do?

249
00:17:12.440 --> 00:17:15.160
So there's a few things you gotta be careful of

250
00:17:15.160 --> 00:17:17.480
in that kind of scenario, okay?

251
00:17:17.480 --> 00:17:19.560
Number one, I would check to see whether or not

252
00:17:19.560 --> 00:17:22.839
they're using that name as a business already.

253
00:17:23.800 --> 00:17:27.400
Let's say that your trademark that you want to use is

254
00:17:30.120 --> 00:17:35.120
night, it's like night flight for volleyballs, right?

255
00:17:36.640 --> 00:17:38.360
Let's say it's called night flight, right?

256
00:17:38.360 --> 00:17:41.440
And it's a volleyball so you can play volleyball at night.

257
00:17:41.440 --> 00:17:43.320
I've always wanted to play volleyball at night.

258
00:17:43.320 --> 00:17:45.280
Personally, it's cooler.

259
00:17:45.280 --> 00:17:48.040
You're not like boiling out there.

260
00:17:48.040 --> 00:17:50.040
I think the net should be fluorescent too

261
00:17:50.040 --> 00:17:51.920
and the lines of the court should be fluorescent.

262
00:17:51.920 --> 00:17:53.560
I think that would be awesome.

263
00:17:53.560 --> 00:17:56.880
That's an aside, but let's say it's called night flight.

264
00:17:56.880 --> 00:17:58.520
That's the name of the volleyball, right?

265
00:17:58.520 --> 00:18:00.000
So what do you do?

266
00:18:00.000 --> 00:18:02.680
In that scenario, what you want to do

267
00:18:03.520 --> 00:18:05.440
is after you file your trademark application,

268
00:18:05.440 --> 00:18:08.600
you see somebody has a URL for that,

269
00:18:08.600 --> 00:18:10.080
a domain name for that.

270
00:18:10.080 --> 00:18:12.040
I would look to see if they're actually using that

271
00:18:12.040 --> 00:18:14.400
in business, because if they are,

272
00:18:14.400 --> 00:18:19.400
you may run into a problem here where they predate you

273
00:18:19.440 --> 00:18:22.960
for the very trademark that you just filed for.

274
00:18:22.960 --> 00:18:25.280
One thing that we're gonna talk about tomorrow,

275
00:18:25.280 --> 00:18:28.880
and I'm gonna keep this very top level

276
00:18:28.880 --> 00:18:32.960
because this can be very, very complicated.

277
00:18:32.960 --> 00:18:35.880
So I'm just gonna keep it very top level.

278
00:18:35.880 --> 00:18:38.360
If you've been using a name

279
00:18:40.200 --> 00:18:43.920
and somebody files a trademark application

280
00:18:43.920 --> 00:18:48.920
for the exact same name after you started using it,

281
00:18:50.400 --> 00:18:54.080
they cannot stop you from using it

282
00:18:54.080 --> 00:18:58.800
in your specific geographical region, okay?

283
00:19:00.600 --> 00:19:04.240
That's called common law usage.

284
00:19:06.160 --> 00:19:08.600
Common law usage.

285
00:19:08.600 --> 00:19:10.120
That's what it's called, okay?

286
00:19:11.080 --> 00:19:13.240
It is an obscure area of the law.

287
00:19:13.240 --> 00:19:15.680
A lot of people mess this up.

288
00:19:15.680 --> 00:19:17.240
There's a good friend of mine.

289
00:19:17.240 --> 00:19:19.080
He has a company.

290
00:19:19.760 --> 00:19:23.120
He had been using the name for that company

291
00:19:23.120 --> 00:19:25.200
for multiple years.

292
00:19:25.200 --> 00:19:26.040
All of a sudden,

293
00:19:26.040 --> 00:19:28.200
somebody else gets a federal registration for it.

294
00:19:28.200 --> 00:19:30.480
They send him a cease and desist letter.

295
00:19:30.480 --> 00:19:33.000
They said, you need to stop using that name now

296
00:19:33.000 --> 00:19:34.720
or we're gonna sue you.

297
00:19:34.720 --> 00:19:35.560
He didn't know.

298
00:19:35.560 --> 00:19:37.920
He didn't take the protect your idea challenge.

299
00:19:37.920 --> 00:19:39.840
Like he didn't know about this

300
00:19:39.840 --> 00:19:41.800
because it didn't exist back then.

301
00:19:41.800 --> 00:19:43.000
So you know what he did?

302
00:19:44.600 --> 00:19:46.800
He cut them a check.

303
00:19:47.800 --> 00:19:50.600
He changed the name of his company.

304
00:19:51.520 --> 00:19:54.200
He changed his packaging.

305
00:19:54.200 --> 00:19:56.560
He pulled product off the shelves.

306
00:19:56.560 --> 00:20:00.120
He changed his website, changed his stencil.

307
00:20:00.000 --> 00:20:05.440
came up with new trademarks, the new filings, new everything, new packaging. Do you have any idea

308
00:20:05.440 --> 00:20:12.880
how expensive that whole process was? Extremely, extremely high. Extremely high. Now here's the

309
00:20:12.880 --> 00:20:22.080
bad news. He didn't have to do any of that because of common law rights. Under common law, the fact

310
00:20:22.080 --> 00:20:28.800
that he had been using that trademark and selling that product throughout all of the United States,

311
00:20:28.800 --> 00:20:32.960
pretty much every single state he had been selling the product in,

312
00:20:36.560 --> 00:20:42.560
that means that he had preemptive rights. He had legal rights that actually predated

313
00:20:43.200 --> 00:20:47.760
this other big corporation. You know what he actually could have done? He actually could

314
00:20:47.760 --> 00:20:54.400
have sued them. Literally, he could have actually said, no, no, no, I don't think you understand.

315
00:20:54.400 --> 00:20:58.240
And he could have turned the gun around and faced it towards them and said,

316
00:20:58.240 --> 00:21:02.720
I have preemptive rights on the common law. You guys should cut me a check for $100,000.

317
00:21:05.120 --> 00:21:10.000
That's called common law trademark rights. So if you get into a situation where you've

318
00:21:10.000 --> 00:21:13.840
been using a trademark and you never filed for a trademark application,

319
00:21:13.840 --> 00:21:20.480
and somebody else gets a federal registration, make sure you talk to a lawyer immediately.

320
00:21:20.480 --> 00:21:25.760
Don't go changing anything. Go talk to a lawyer and find out whether or not you have common law

321
00:21:25.760 --> 00:21:33.520
rights. If you do, you can actually discuss that with the other party. Okay. What type of lawyer

322
00:21:33.520 --> 00:21:39.520
do you talk to? IP lawyer? Because there are lots of different flavors of lawyers.

323
00:21:40.080 --> 00:21:45.200
There are. Any of the stuff that I'm talking about, always IP lawyers. I would only talk

324
00:21:45.200 --> 00:21:49.360
to IP lawyers. The reason why is because the others just, they won't understand this.

325
00:21:50.720 --> 00:21:54.080
They're not going to know what common law trademarks are. They're not going to know what

326
00:21:54.080 --> 00:21:57.840
an intent to use trademark application is, which you're going to learn about tomorrow.

327
00:21:57.840 --> 00:22:03.840
They're not going to know any of this stuff. So you got to make sure that the people that you talk to

328
00:22:04.560 --> 00:22:13.600
are experts in your scenarios. So, you know, like if I handle tax law, you guys should sue me

329
00:22:13.600 --> 00:22:21.600
because I don't, I don't know Jack or Joe about tax law, like not my area. So do not hire me to do

330
00:22:21.600 --> 00:22:26.160
any tax law. Anything that has to do with IP, I cover it all. Like I've been doing it for over

331
00:22:26.160 --> 00:22:34.320
25 years. Like it's, that's my expertise. That's my area. That's my sweet spot. So yeah. So just

332
00:22:34.320 --> 00:22:39.200
be careful if you get a cease and desist or something, involve a lawyer. There are things

333
00:22:39.200 --> 00:22:45.680
called common law rights. Okay. That's, that's probably one of the biggest issues I've seen.

334
00:22:45.680 --> 00:22:50.880
People don't understand what legal rights they have. Now let's talk about the TM for a second.

335
00:22:51.600 --> 00:22:59.360
Everybody know the TM kind of know that, you know, that T yeah. So there's like to the top

336
00:22:59.920 --> 00:23:08.400
right of the word, your trademark, you use a TM. Unmute yourself and tell me when you think you

337
00:23:08.400 --> 00:23:20.560
can start using the TM. Don't worry if you get it wrong, nobody cares. Anybody want to guess

338
00:23:21.680 --> 00:23:27.280
when you can start using TM? It got quiet. You guys aren't even moving. I was like,

339
00:23:27.280 --> 00:23:34.000
are people breathing? Don't choose me. Don't choose me. I would think it would be after,

340
00:23:34.000 --> 00:23:37.600
after you get the approval, after you get a registration.

341
00:23:38.800 --> 00:23:45.360
Well, after they, after they say that it's yours, whatever that means. Okay. Okay. Any other thoughts?

342
00:23:48.240 --> 00:23:52.800
Everybody's like, don't thank me. Don't thank me. All right. So here's, here's the truth.

343
00:23:53.440 --> 00:23:58.960
Oh, Catherine, go ahead. From the beginning, from the beginning. What is the beginning?

344
00:23:59.840 --> 00:24:06.800
So when we're starting up the company, when we've, we've, so we can use it then

345
00:24:07.520 --> 00:24:12.400
we can't use, we can't use the R. Okay. All right. Diana, what were you going to say?

346
00:24:15.040 --> 00:24:16.160
You have to unmute my friend.

347
00:24:19.840 --> 00:24:25.120
Sorry about that. I was going to say you can start, you can use it at the inception of usage of.

348
00:24:26.080 --> 00:24:32.400
Right. That's right. Yeah. So here's the situation. You can actually start using the TM

349
00:24:32.400 --> 00:24:39.120
before you even file a trademark application. In fact, if you're using a name for your business

350
00:24:39.120 --> 00:24:46.000
or your service or your company, you can use a TM today. You don't, you don't need to spend a

351
00:24:46.000 --> 00:24:52.480
single penny to use a TM. Now what the TM is actually doing is it's placing the public on

352
00:24:52.480 --> 00:24:59.760
notice that you believe you have certain rights to that name or to that logo. Okay.

353
00:25:00.000 --> 00:25:02.560
We're gonna cover this in a little more detail

354
00:25:02.560 --> 00:25:04.200
with everybody else tomorrow,

355
00:25:04.200 --> 00:25:06.200
but I wanna give you kind of a preview on this

356
00:25:06.200 --> 00:25:09.240
because people get the circle R and the TMs

357
00:25:09.240 --> 00:25:13.040
and the circle C, they get that wrong all the time.

358
00:25:13.040 --> 00:25:16.200
And then what happens is they end up in a liability issue.

359
00:25:16.200 --> 00:25:18.840
So the second you start using the trademark

360
00:25:18.840 --> 00:25:23.160
in intrastate or interstate commerce, slap a TM on it.

361
00:25:23.160 --> 00:25:26.800
Like immediately, don't even think about it, just do it.

362
00:25:26.800 --> 00:25:29.800
And it goes on the top right of the word.

363
00:25:31.280 --> 00:25:35.680
So if it's a word mark, so if it's Nike, top right.

364
00:25:35.680 --> 00:25:37.720
Don't put it on top left, it looks weird.

365
00:25:38.840 --> 00:25:41.400
Like people think you're an amateur, don't do that.

366
00:25:44.020 --> 00:25:46.460
So top right, that's where you put it.

367
00:25:46.460 --> 00:25:49.380
Now, if it's a logo, right, like the swoosh,

368
00:25:50.800 --> 00:25:53.040
I can tell you where most people put it.

369
00:25:53.040 --> 00:25:55.040
I don't know that there's actually a rule

370
00:25:55.080 --> 00:25:57.040
that says you must do this,

371
00:25:57.040 --> 00:26:00.480
but most people for logos put it on the bottom right.

372
00:26:01.480 --> 00:26:04.280
That's typically where you see it.

373
00:26:04.280 --> 00:26:07.680
Although I've also seen it on the top right.

374
00:26:07.680 --> 00:26:11.720
So, but typically it's on the bottom right, okay?

375
00:26:12.760 --> 00:26:17.760
Now, if you're trying to figure out how to get a little TM,

376
00:26:19.160 --> 00:26:22.780
does anybody know how you get the little TM?

377
00:26:23.780 --> 00:26:26.660
Let me know if you need that answer, Peter.

378
00:26:26.660 --> 00:26:27.500
What?

379
00:26:27.500 --> 00:26:28.620
Let me know if you need that answer,

380
00:26:28.620 --> 00:26:30.580
I'll tell them how to do it.

381
00:26:30.580 --> 00:26:33.700
We'll go to you if nobody knows, that's fine.

382
00:26:33.700 --> 00:26:34.540
All right, Ray, go ahead.

383
00:26:34.540 --> 00:26:36.100
How do you get the little TM?

384
00:26:36.100 --> 00:26:37.260
If you're doing it on your keyboard,

385
00:26:37.260 --> 00:26:40.380
you hit the Alt key if you're on a Windows for PC,

386
00:26:40.380 --> 00:26:42.440
and it's Alt 0153.

387
00:26:44.620 --> 00:26:46.300
In what program?

388
00:26:46.300 --> 00:26:48.000
That's PC for Windows.

389
00:26:49.260 --> 00:26:51.340
Apple, I don't know.

390
00:26:51.780 --> 00:26:53.820
Yeah, I don't know Apple either.

391
00:26:53.820 --> 00:26:54.660
But you can Google it,

392
00:26:54.660 --> 00:26:59.660
and they're called Alt codes, A-L-T, it'll tell you.

393
00:27:01.100 --> 00:27:03.780
Alt, what was it after the Alt?

394
00:27:04.700 --> 00:27:06.500
0153.

395
00:27:08.140 --> 00:27:10.820
Oh, thanks, we're supposed to put it in the chat.

396
00:27:10.820 --> 00:27:12.140
So you hold down the Alt key,

397
00:27:12.140 --> 00:27:14.100
and then you type, as you're holding down the Alt key,

398
00:27:14.100 --> 00:27:15.620
you type 0153.

399
00:27:16.820 --> 00:27:20.780
And you've got to do it on the numeric keypad,

400
00:27:21.260 --> 00:27:23.900
not on the numbers above the letters.

401
00:27:23.900 --> 00:27:25.580
I learned that the hard way.

402
00:27:25.580 --> 00:27:26.420
Yeah.

403
00:27:26.420 --> 00:27:27.900
Because somebody told me that,

404
00:27:27.900 --> 00:27:30.540
and I was like, that doesn't work, that's a lie.

405
00:27:30.540 --> 00:27:33.500
It was probably me. This is not working.

406
00:27:33.500 --> 00:27:37.260
And then I realized, hold it, maybe I'm doing this wrong.

407
00:27:37.260 --> 00:27:38.980
So it was a bit difficult.

408
00:27:38.980 --> 00:27:40.780
Thought that I had to not use this

409
00:27:40.780 --> 00:27:42.860
across everything we make, Peter.

410
00:27:42.860 --> 00:27:43.700
Oh my gosh, I know.

411
00:27:43.700 --> 00:27:45.980
Yeah, we got our little TMs everywhere.

412
00:27:45.980 --> 00:27:47.740
Yeah, we do, literally every single place,

413
00:27:47.740 --> 00:27:50.580
we try to put them down every single time.

414
00:27:51.380 --> 00:27:52.700
But what you're doing with the TMs,

415
00:27:52.700 --> 00:27:54.580
again, you're placing the public on notice.

416
00:27:54.580 --> 00:27:57.460
And the reason why it's important is for multiple reasons.

417
00:27:57.460 --> 00:28:01.100
Number one, damages.

418
00:28:01.100 --> 00:28:03.500
If you ever sue another party,

419
00:28:03.500 --> 00:28:06.300
you're going to need to prove damages, right?

420
00:28:06.300 --> 00:28:07.700
And if you have the TM there,

421
00:28:07.700 --> 00:28:10.060
at least you can tell the judge,

422
00:28:10.060 --> 00:28:11.740
look, I placed them on notice.

423
00:28:12.660 --> 00:28:15.860
I wasn't just using the name randomly,

424
00:28:15.860 --> 00:28:17.020
I put a TM on it,

425
00:28:17.020 --> 00:28:19.780
so they should know that I believe it's my trademark

426
00:28:19.980 --> 00:28:21.660
and I put a TM on it.

427
00:28:21.660 --> 00:28:23.060
Now, if you just have the name there

428
00:28:23.060 --> 00:28:25.420
with no TM and no circle R,

429
00:28:25.420 --> 00:28:26.980
then how somebody is supposed to know

430
00:28:26.980 --> 00:28:28.820
that you believe it's your trademark?

431
00:28:30.100 --> 00:28:31.540
Like they don't know.

432
00:28:31.540 --> 00:28:34.300
And so then if you sue them for trademark infringement,

433
00:28:34.300 --> 00:28:35.140
they're going to argue,

434
00:28:35.140 --> 00:28:37.500
well, I never knew it was their trademark.

435
00:28:37.500 --> 00:28:39.580
They never had a TM on it or a circle R.

436
00:28:39.580 --> 00:28:44.580
So that means your damages will be exponentially lower,

437
00:28:45.380 --> 00:28:46.220
right?

438
00:28:46.220 --> 00:28:47.740
Damages, that's the dollar amount

439
00:28:47.740 --> 00:28:49.220
that you get for infringement

440
00:28:49.220 --> 00:28:51.140
if you ever have to sue another party.

441
00:28:52.020 --> 00:28:54.460
Now, nobody here wants to sue anybody.

442
00:28:54.460 --> 00:28:56.540
That's not why you're learning this,

443
00:28:56.540 --> 00:29:00.740
but what you'll find is by doing things the right way,

444
00:29:00.740 --> 00:29:05.420
you will obtain leverage to make other people settle faster.

445
00:29:06.340 --> 00:29:07.180
Okay?

446
00:29:07.180 --> 00:29:08.340
You want to get the other people

447
00:29:08.340 --> 00:29:10.500
to do what you want faster.

448
00:29:13.740 --> 00:29:15.180
So Carrie asks,

449
00:29:15.180 --> 00:29:17.300
what's the difference between the TM

450
00:29:17.860 --> 00:29:18.700
and the circle R?

451
00:29:18.700 --> 00:29:23.260
So the TM, you use a TM for your trademark

452
00:29:23.260 --> 00:29:27.380
or for your wordmark or your slogan or your logo,

453
00:29:27.380 --> 00:29:31.380
you use that TM the moment

454
00:29:31.380 --> 00:29:34.820
that you start using your trademark, right?

455
00:29:34.820 --> 00:29:37.900
You don't have to file anything with the trademark office.

456
00:29:37.900 --> 00:29:41.420
After you get a federal registration

457
00:29:41.420 --> 00:29:44.260
with let's say the United States Patent and Trademark Office.

458
00:29:44.260 --> 00:29:46.420
So that would include filing the trademark,

459
00:29:46.460 --> 00:29:48.220
getting examined,

460
00:29:48.220 --> 00:29:50.220
answer any office actions,

461
00:29:50.220 --> 00:29:52.140
getting a registration.

462
00:29:52.140 --> 00:29:56.620
Once you get the registration from that day forward,

463
00:29:56.620 --> 00:29:58.820
you can use a circle R.

464
00:29:58.820 --> 00:30:00.220
So that's telling the world.

465
00:30:00.000 --> 00:30:04.260
you have a federal registration, which is exponentially more

466
00:30:04.260 --> 00:30:06.040
powerful than just the TM.

467
00:30:08.880 --> 00:30:11.520
Because for a TM, you're basically saying,

468
00:30:11.520 --> 00:30:13.120
yeah, I have certain rights.

469
00:30:13.120 --> 00:30:15.000
But the only rights you can really have

470
00:30:15.000 --> 00:30:18.200
is where you've actually used the trademark in the United

471
00:30:18.200 --> 00:30:18.880
States.

472
00:30:18.880 --> 00:30:21.640
For a Circle R, a federal registration,

473
00:30:21.640 --> 00:30:25.160
you own all of the United States.

474
00:30:25.160 --> 00:30:28.680
Every single state is yours.

475
00:30:28.680 --> 00:30:30.720
I mean, think about this.

476
00:30:30.720 --> 00:30:32.760
You can file a trademark application.

477
00:30:32.760 --> 00:30:35.400
The USPTO fee you'll find out tomorrow

478
00:30:35.400 --> 00:30:40.760
is, I think, $275 to file a TEAS application.

479
00:30:40.760 --> 00:30:46.040
That's the USPTO fee, or $350 if you don't do that kind.

480
00:30:46.040 --> 00:30:48.720
Plus, you pay the attorney's fees.

481
00:30:48.720 --> 00:30:51.320
If you do all that I'm going to teach you

482
00:30:51.320 --> 00:30:53.280
how to do for an application, you

483
00:30:53.280 --> 00:30:56.920
should get away being done with it around $1,000,

484
00:30:56.920 --> 00:30:59.720
including the USPTO fee.

485
00:30:59.720 --> 00:31:01.680
That's for filing.

486
00:31:01.680 --> 00:31:03.760
That's your filing cost.

487
00:31:03.760 --> 00:31:06.440
Now, after you file, there's going

488
00:31:06.440 --> 00:31:11.960
to be an examination at the patent and trademark office.

489
00:31:11.960 --> 00:31:13.960
So they're going to do a search.

490
00:31:13.960 --> 00:31:16.120
When they do a search, they may find a trademark

491
00:31:16.120 --> 00:31:19.520
that sounds very similar to yours or looks similar.

492
00:31:19.520 --> 00:31:23.600
And if they do, they'll give you a rejection.

493
00:31:23.600 --> 00:31:25.880
Now, you need an attorney to actually argue

494
00:31:25.880 --> 00:31:28.880
why, legally, your trademark should be registered.

495
00:31:32.960 --> 00:31:35.600
After you do that, the examiner may agree with you

496
00:31:35.600 --> 00:31:37.120
and give you a registration.

497
00:31:37.120 --> 00:31:40.040
Or they may say, you're full of baloney.

498
00:31:40.040 --> 00:31:41.000
Nice try.

499
00:31:41.000 --> 00:31:42.760
And they may reject it again.

500
00:31:42.760 --> 00:31:45.440
If they reject it again, then you've

501
00:31:45.440 --> 00:31:47.120
got to do legal arguments again.

502
00:31:47.120 --> 00:31:49.960
But the whole point is, your application

503
00:31:49.960 --> 00:31:52.360
is usually around $1,000 if you do all the stuff

504
00:31:52.360 --> 00:31:53.480
that I'm teaching you here.

505
00:31:53.480 --> 00:31:56.160
That's including the USPTO fee.

506
00:31:56.160 --> 00:31:58.600
If you don't do this stuff, I've seen

507
00:31:58.600 --> 00:32:02.120
lawyers charge as much as $1,800, $2,000

508
00:32:02.120 --> 00:32:03.640
for just a trademark application.

509
00:32:06.600 --> 00:32:09.440
And then you have to pay for the office actions and other stuff.

510
00:32:09.440 --> 00:32:11.840
And that's why it's a lot better if you

511
00:32:11.840 --> 00:32:13.680
follow what we're saying here.

512
00:32:13.680 --> 00:32:14.180
Ray.

513
00:32:16.800 --> 00:32:17.720
Oh, OK.

514
00:32:17.720 --> 00:32:18.600
Carrie.

515
00:32:18.600 --> 00:32:21.800
Carrie, so you asked, how long does the approval process

516
00:32:21.800 --> 00:32:22.560
take?

517
00:32:22.600 --> 00:32:24.440
That's a great question, start to finish.

518
00:32:24.440 --> 00:32:25.640
OK.

519
00:32:25.640 --> 00:32:27.040
Who else would like to know that?

520
00:32:27.040 --> 00:32:28.680
How long does the trademark application take?

521
00:32:28.680 --> 00:32:29.160
Yeah?

522
00:32:29.160 --> 00:32:29.800
OK, great.

523
00:32:29.800 --> 00:32:30.680
All right.

524
00:32:30.680 --> 00:32:34.120
So if you file a trademark application today,

525
00:32:34.120 --> 00:32:38.240
typically it takes about seven to nine months

526
00:32:38.240 --> 00:32:42.560
to get an office action from the United States Patent and

527
00:32:42.560 --> 00:32:44.600
Trademark Office.

528
00:32:44.600 --> 00:32:45.680
All right.

529
00:32:45.680 --> 00:32:48.200
So what happens is you file your application.

530
00:32:48.200 --> 00:32:53.240
Now it gets assigned to an examiner.

531
00:32:53.240 --> 00:32:54.960
The examiner does their search.

532
00:32:54.960 --> 00:32:58.560
They send you a yes, it's registered, or no,

533
00:32:58.560 --> 00:32:59.680
here's a rejection.

534
00:32:59.680 --> 00:33:02.080
And you've got to respond to that.

535
00:33:02.080 --> 00:33:02.960
All right.

536
00:33:02.960 --> 00:33:08.760
That process, typically seven to nine months.

537
00:33:08.760 --> 00:33:13.640
If that communication is, hey, application looks great,

538
00:33:13.640 --> 00:33:15.240
we're going to allow it to registration,

539
00:33:15.240 --> 00:33:19.400
you could get a trademark registered within 10 months.

540
00:33:19.400 --> 00:33:19.960
Right?

541
00:33:19.960 --> 00:33:23.680
But what happens after it's been allowed, after they say,

542
00:33:23.680 --> 00:33:26.600
yes, we'll give you a notice of allowance,

543
00:33:26.600 --> 00:33:31.000
it then gets published for the whole world to see.

544
00:33:31.000 --> 00:33:35.440
And for 30 days, anybody could oppose your trademark.

545
00:33:35.440 --> 00:33:38.760
It's called publication.

546
00:33:38.760 --> 00:33:42.360
Now, all of you, since you're in VIP,

547
00:33:42.360 --> 00:33:44.400
you're all going to get a form that I'm

548
00:33:44.400 --> 00:33:46.920
going to be handing to you guys that

549
00:33:46.920 --> 00:33:50.400
lists every single stage of a trademark application.

550
00:33:50.400 --> 00:33:52.880
It tells you phase one, selecting the mark,

551
00:33:52.880 --> 00:33:54.720
phase two, doing a trademark search,

552
00:33:54.720 --> 00:33:56.880
the three different types of trademark searches,

553
00:33:56.880 --> 00:33:59.480
the application itself being filed,

554
00:33:59.480 --> 00:34:05.200
the assignment to an examiner, an office action, allowance,

555
00:34:05.200 --> 00:34:08.719
publication, after 30 days, registration.

556
00:34:08.719 --> 00:34:11.320
After registration, there are things

557
00:34:11.320 --> 00:34:13.040
called maintenance fees that you have

558
00:34:13.040 --> 00:34:15.000
to pay to keep the thing alive.

559
00:34:15.000 --> 00:34:15.480
Right?

560
00:34:15.480 --> 00:34:19.040
I list all that stuff on one sheet for you.

561
00:34:19.040 --> 00:34:21.800
Because you guys are in VIP, so you just grab that thing,

562
00:34:21.800 --> 00:34:25.000
you're like, there's a stage I'm on right there, boom, done.

563
00:34:25.000 --> 00:34:28.080
A lot easier than trying to figure this whole mess out,

564
00:34:28.080 --> 00:34:30.239
because it can get really messy.

565
00:34:30.239 --> 00:34:31.280
OK?

566
00:34:31.280 --> 00:34:33.480
So you guys will have all that.

567
00:34:33.480 --> 00:34:37.400
And maybe, yeah, maybe what I'll do

568
00:34:37.400 --> 00:34:39.639
is I'll put some timeline stuff on it too.

569
00:34:39.639 --> 00:34:43.000
I don't have that on there now, but I'll throw it on there.

570
00:34:43.560 --> 00:34:44.560
Yes, ma'am.

571
00:34:44.560 --> 00:34:45.440
Go for it, Catherine.

572
00:34:45.440 --> 00:34:49.400
So the six months that you talked about for foreign

573
00:34:49.400 --> 00:34:56.280
filing, that would be the six months as of the time

574
00:34:56.280 --> 00:35:00.400
that the trademark was filed.

575
00:35:00.000 --> 00:35:10.520
Okay, but if it hasn't been approved yet, can we still go ahead and file for foreign

576
00:35:10.520 --> 00:35:11.520
filing?

577
00:35:11.520 --> 00:35:12.520
Yes.

578
00:35:12.520 --> 00:35:13.520
Okay.

579
00:35:13.520 --> 00:35:20.480
Now, now you're starting to, you're starting to see some of the problems in the system.

580
00:35:20.480 --> 00:35:27.360
What if your case gets rejected and now you spent the money on foreign filing, but you've

581
00:35:27.360 --> 00:35:30.560
got a rejected case, right?

582
00:35:30.560 --> 00:35:34.960
That's this is why doing a good trademark search is so important.

583
00:35:34.960 --> 00:35:40.120
This is why, you know, you'll get a lot of people that say, I don't want to do a search.

584
00:35:40.120 --> 00:35:42.040
I'd say you're crazy.

585
00:35:42.040 --> 00:35:46.760
Like if you don't want to do a search, as you're going to, you are running the risk

586
00:35:46.760 --> 00:35:50.760
of filing an application for something that's going to get rejected.

587
00:35:50.760 --> 00:35:56.640
Or if you're going to do, like you said, Catherine foreign filing, it's not cheap.

588
00:35:56.640 --> 00:36:00.160
So now you're doing foreign filing based on a case that you never did a trademark search

589
00:36:00.160 --> 00:36:01.640
for.

590
00:36:01.640 --> 00:36:03.180
That's not wise.

591
00:36:03.180 --> 00:36:06.320
I would always do a trademark search first.

592
00:36:06.320 --> 00:36:12.400
Can a ministry use just do it as a slogan for ministry?

593
00:36:12.400 --> 00:36:13.400
That's good, Diana.

594
00:36:13.400 --> 00:36:14.400
Okay.

595
00:36:14.400 --> 00:36:15.400
Oh boy.

596
00:36:15.400 --> 00:36:16.400
All right.

597
00:36:16.400 --> 00:36:17.400
Is Diana still here?

598
00:36:17.400 --> 00:36:18.400
Did she leave?

599
00:36:18.400 --> 00:36:19.400
Is she still here?

600
00:36:19.400 --> 00:36:20.400
Yeah, she's still here.

601
00:36:20.400 --> 00:36:21.400
Where is she?

602
00:36:21.400 --> 00:36:22.400
I'm here.

603
00:36:22.400 --> 00:36:23.400
Can they?

604
00:36:23.400 --> 00:36:24.400
Okay.

605
00:36:24.400 --> 00:36:25.400
All right.

606
00:36:26.160 --> 00:36:27.160
Okay.

607
00:36:27.160 --> 00:36:28.160
All right, Diana.

608
00:36:28.160 --> 00:36:32.400
Um, this, this is not legal advice.

609
00:36:32.400 --> 00:36:33.400
Okay.

610
00:36:33.400 --> 00:36:34.400
Just to be clear.

611
00:36:34.400 --> 00:36:35.400
Got it.

612
00:36:35.400 --> 00:36:36.400
So legal advice.

613
00:36:36.400 --> 00:36:37.400
Right.

614
00:36:37.400 --> 00:36:38.400
Gotcha.

615
00:36:38.400 --> 00:36:55.000
So, um, the way it works is, is that if, if your use is not in a similar, not for similar

616
00:36:55.000 --> 00:37:01.640
goods, similar services, um, you know, it's not, not like the same kind of audience not

617
00:37:01.640 --> 00:37:03.880
sold in the same place.

618
00:37:03.880 --> 00:37:07.040
You know, uh, there's a number of factors that we're going to talk about tomorrow to

619
00:37:07.040 --> 00:37:09.280
determine likelihood of confusion.

620
00:37:09.280 --> 00:37:13.480
Um, that's the measuring test.

621
00:37:13.480 --> 00:37:17.440
Likelihood of confusion is the measuring test to determine whether or not you infringe.

622
00:37:17.440 --> 00:37:18.440
Okay.

623
00:37:18.440 --> 00:37:20.680
It's called likelihood of confusion.

624
00:37:20.680 --> 00:37:23.080
All right.

625
00:37:23.080 --> 00:37:27.320
In that analysis, think of it this way.

626
00:37:27.320 --> 00:37:36.120
If you have just do it for sneakers, but then you're saying, I want to use, just do it for

627
00:37:36.120 --> 00:37:38.120
ministry.

628
00:37:38.120 --> 00:37:39.120
Here's the problem.

629
00:37:39.120 --> 00:37:41.320
Here's the problem that I see.

630
00:37:41.320 --> 00:37:42.320
Okay.

631
00:37:42.320 --> 00:37:47.000
Again, not legal advice, but here's, here's the problem that I see.

632
00:37:47.000 --> 00:37:50.240
Just do it as a famous trademark.

633
00:37:50.240 --> 00:37:53.000
It's not a normal trademark, right?

634
00:37:53.920 --> 00:38:01.360
The higher, the level of fame of the trademark, the more likely it is that there is infringement.

635
00:38:01.360 --> 00:38:02.360
Okay.

636
00:38:02.360 --> 00:38:07.440
Like McDonald's, you use the name McDonald's.

637
00:38:07.440 --> 00:38:16.720
I I'll tell you if, if taco bell decided tomorrow, look, we make tacos, man, we make tacos.

638
00:38:16.720 --> 00:38:20.000
So like, we're not making cheeseburgers.

639
00:38:20.000 --> 00:38:21.000
We make tacos.

640
00:38:21.000 --> 00:38:26.520
So like, okay, well, here's the problem to both fast food.

641
00:38:26.520 --> 00:38:31.960
So even though it's not using McDonald's for burgers or fries or milkshakes, it's still

642
00:38:31.960 --> 00:38:33.000
fast food.

643
00:38:33.000 --> 00:38:38.120
So there's still, in my belief, a likelihood of confusion.

644
00:38:38.120 --> 00:38:40.200
Now let's step away from that.

645
00:38:40.200 --> 00:38:49.320
Let's say you wanted to use the name McDonald's for training on how to play a saxophone, right?

646
00:38:49.320 --> 00:38:54.560
That's not related in any way, shape, or form to fast food.

647
00:38:54.560 --> 00:38:58.240
I mean, it's not even vaguely related.

648
00:38:58.240 --> 00:39:01.680
Now does that mean McDonald's is not going to sue you?

649
00:39:01.680 --> 00:39:02.680
Nope.

650
00:39:02.680 --> 00:39:07.240
Because McDonald's will sue anybody who uses McDonald's.

651
00:39:07.240 --> 00:39:10.620
They're just pretty remarkably aggressive.

652
00:39:10.620 --> 00:39:12.360
So I've been up against McDonald's.

653
00:39:12.360 --> 00:39:19.240
I've won, but they're, they're very litigious, like extremely litigious.

654
00:39:20.160 --> 00:39:23.760
So whenever it comes to a famous trademark, I would stay as far away from it as possible,

655
00:39:23.760 --> 00:39:24.760
personally.

656
00:39:24.760 --> 00:39:30.000
Because what you want to be thinking is, why exactly is it that I'm using the name?

657
00:39:30.000 --> 00:39:36.240
I mean, think about it that way, like, bring it back to like an ethical consideration.

658
00:39:36.240 --> 00:39:39.440
Why would I want to use Just Do It?

659
00:39:39.440 --> 00:39:44.520
Is it because the name Just Do It is pretty well known, or the slogan is pretty well known?

660
00:39:44.520 --> 00:39:51.520
And I'm thinking, I like the way that sounds in ministry, Just Do It.

661
00:39:51.520 --> 00:39:56.600
If you're trying to capitalize on the fame of a trademark of another, you can get in

662
00:39:56.600 --> 00:39:58.640
trouble for that.

663
00:39:58.640 --> 00:40:00.000
But ministry.

664
00:40:00.000 --> 00:40:03.920
and just do it, I don't think they're related,

665
00:40:03.920 --> 00:40:07.120
but again, it is a very powerful trademark.

666
00:40:07.120 --> 00:40:11.760
So personally, I'd stay clear.

667
00:40:11.760 --> 00:40:13.080
Don't use it.

668
00:40:13.080 --> 00:40:15.760
Yeah, I mean, see, here's the thing.

669
00:40:15.760 --> 00:40:18.080
You guys get this experience in VIP.

670
00:40:18.080 --> 00:40:20.080
See, here's the thing.

671
00:40:20.080 --> 00:40:22.280
I'm not just teaching you the law.

672
00:40:22.280 --> 00:40:25.800
I'm teaching you what's practical, right?

673
00:40:25.800 --> 00:40:29.160
Because I may win the case for you.

674
00:40:30.000 --> 00:40:32.800
But you're going to spend a quarter of a million dollars

675
00:40:32.800 --> 00:40:34.520
winning the case.

676
00:40:34.520 --> 00:40:37.360
So whether you win the case or lose the case,

677
00:40:37.360 --> 00:40:40.000
you lost the case, because you just

678
00:40:40.000 --> 00:40:41.560
lost a quarter of a million dollars

679
00:40:41.560 --> 00:40:42.880
for Peter to take care of you.

680
00:40:42.880 --> 00:40:50.200
So there is winning and losing, but in situations

681
00:40:50.200 --> 00:40:51.920
when you end up in litigation, I think

682
00:40:51.920 --> 00:40:54.320
you lose right off the bat.

683
00:40:54.320 --> 00:40:58.120
Because the only one who wins in litigation in most cases

684
00:40:58.120 --> 00:41:00.520
are the attorneys.

685
00:41:00.520 --> 00:41:04.200
I mean, I had a client who spent $3.5 million

686
00:41:04.200 --> 00:41:08.080
on a patent litigation matter for me recently.

687
00:41:08.080 --> 00:41:10.720
Actually, no, I think he spent more than that.

688
00:41:10.720 --> 00:41:13.000
I think it was $3.8 million, right?

689
00:41:13.000 --> 00:41:18.120
Now, we won, and they ended up saving like $80 million

690
00:41:18.120 --> 00:41:25.720
plus because we won, but they still lost $3.8 million.

691
00:41:25.760 --> 00:41:28.280
So it'd be a lot better if they didn't end up in court,

692
00:41:28.280 --> 00:41:30.160
period, right?

693
00:41:30.160 --> 00:41:33.640
So some of the things I'm going to teach you are the law

694
00:41:33.640 --> 00:41:36.760
and directly related to your situation.

695
00:41:36.760 --> 00:41:40.240
And other things are just don't do this.

696
00:41:40.240 --> 00:41:43.880
Like, it's just not going to help.

697
00:41:43.880 --> 00:41:44.600
Sherry, go ahead.

698
00:41:49.080 --> 00:41:50.880
Hi.

699
00:41:50.880 --> 00:41:52.640
So I have a couple of questions.

700
00:41:52.640 --> 00:42:03.000
One is, if I have a URL that is Confident Kids Academy,

701
00:42:03.000 --> 00:42:05.400
someone else from another country

702
00:42:05.400 --> 00:42:09.480
came to me and said, you can't use that because we

703
00:42:09.480 --> 00:42:11.720
have a Confident Kids.

704
00:42:11.720 --> 00:42:13.840
And it's like a dance school, and mine

705
00:42:13.840 --> 00:42:18.080
is about reading instruction.

706
00:42:18.080 --> 00:42:22.960
And it's not the whole, like, ours is Confident Kids Academy.

707
00:42:22.960 --> 00:42:25.640
Theirs is just Confident Kids.

708
00:42:25.640 --> 00:42:30.600
Is that, like, what are your thoughts on that?

709
00:42:30.600 --> 00:42:33.880
And I don't even know that theirs is patented

710
00:42:33.880 --> 00:42:35.240
or anything like that.

711
00:42:35.240 --> 00:42:36.520
I think it's in like.

712
00:42:36.520 --> 00:42:37.480
It'd be trademarked.

713
00:42:37.480 --> 00:42:40.800
But what I would say, not related

714
00:42:40.800 --> 00:42:43.160
to your specific scenario at all.

715
00:42:43.160 --> 00:42:46.440
Let me give you another example, OK?

716
00:42:46.440 --> 00:42:49.960
One person owns Microsoft Windows.

717
00:42:49.960 --> 00:42:51.880
Another person owns.

718
00:42:51.880 --> 00:42:54.680
Somebody else comes along.

719
00:42:54.680 --> 00:42:57.840
And well, actually, let's change it.

720
00:42:57.840 --> 00:42:59.240
Somebody owns Microsoft.

721
00:42:59.240 --> 00:43:03.480
Another person says, well, I own Microsoft Windows.

722
00:43:03.480 --> 00:43:05.040
Is Microsoft going to be upset?

723
00:43:08.360 --> 00:43:11.120
Yeah.

724
00:43:11.120 --> 00:43:11.680
Yeah.

725
00:43:11.680 --> 00:43:15.200
So what we do in an analysis for trademark infringement

726
00:43:15.200 --> 00:43:19.600
is we look at the trademark that's registered.

727
00:43:19.600 --> 00:43:21.920
So let's say Microsoft is registered.

728
00:43:21.920 --> 00:43:24.680
If you add a word, if anybody adds a word

729
00:43:24.680 --> 00:43:28.440
to that registration, it's still trademark infringement

730
00:43:28.440 --> 00:43:32.400
because it's including the trademark, right?

731
00:43:32.400 --> 00:43:33.240
OK.

732
00:43:33.240 --> 00:43:37.560
Now, imagine instead that parts are taken away.

733
00:43:37.560 --> 00:43:41.240
So let's say that Microsoft owns Microsoft Windows.

734
00:43:41.240 --> 00:43:44.640
And somebody else comes along and says,

735
00:43:44.640 --> 00:43:50.520
well, I own Transparent Windows, right?

736
00:43:50.520 --> 00:43:52.360
It's not Microsoft Windows.

737
00:43:52.360 --> 00:43:54.560
It's Transparent Windows.

738
00:43:54.560 --> 00:43:56.720
Well, now you start doing that analysis

739
00:43:56.720 --> 00:43:59.080
of likelihood of confusion to determine

740
00:43:59.080 --> 00:44:02.880
are all the factors there, one by one by one.

741
00:44:02.880 --> 00:44:07.080
So we cannot add a word to a trademark

742
00:44:07.080 --> 00:44:09.760
to try to argue that there is no trademark infringement.

743
00:44:09.760 --> 00:44:11.640
That does not work.

744
00:44:11.680 --> 00:44:15.240
There is a potential of removing a word,

745
00:44:15.240 --> 00:44:18.800
but you've got to do that whole legal analysis step

746
00:44:18.800 --> 00:44:21.120
by step by step to see whether or not

747
00:44:21.120 --> 00:44:23.560
there's trademark infringement.

748
00:44:23.560 --> 00:44:24.680
OK.

749
00:44:24.680 --> 00:44:27.080
Can I ask one more question that's along the same lines?

750
00:44:27.080 --> 00:44:29.640
Let me go to Mandy first because I'm

751
00:44:29.640 --> 00:44:31.720
trying to answer one question from each person.

752
00:44:31.720 --> 00:44:34.520
Like I said, I'd definitely do that.

753
00:44:34.520 --> 00:44:35.240
OK.

754
00:44:35.240 --> 00:44:36.640
Hey, how are you?

755
00:44:36.640 --> 00:44:37.640
I'm doing well.

756
00:44:37.640 --> 00:44:40.160
I just hopped on the later.

757
00:44:40.160 --> 00:44:41.280
So I have a question.

758
00:44:41.320 --> 00:44:42.640
It's a little vague at the moment,

759
00:44:42.640 --> 00:44:45.440
but it has to do with character design.

760
00:44:45.440 --> 00:44:47.920
I'm still in the process of developing

761
00:44:47.920 --> 00:44:50.280
like a solid design for my character,

762
00:44:50.280 --> 00:44:53.040
but I have a color scheme picked out pretty clearly.

763
00:44:53.040 --> 00:44:55.480
And I haven't like drawn her myself,

764
00:44:55.480 --> 00:44:57.560
but I've made her on like DollMakers and stuff.

765
00:44:57.560 --> 00:44:59.080
So it's technically someone else's art,

766
00:44:59.080 --> 00:45:00.080
but the character itself.

767
00:45:00.000 --> 00:45:05.920
is mine. Not a huge issue at this point. It's not going to turn into a legal thing at the moment,

768
00:45:05.920 --> 00:45:11.280
but I did have a couple people basically take her design and claim it as their own and like

769
00:45:11.280 --> 00:45:17.040
do things of that nature. So I guess my question would be along the lines of how would I go about

770
00:45:17.040 --> 00:45:21.760
protecting it if it's kind of like do it doesn't need to be solid at this moment or can I just do

771
00:45:21.760 --> 00:45:27.600
something with like the color scheme or like what what what options I guess. Let's deal with

772
00:45:27.600 --> 00:45:34.080
Carrie and I are really familiar with NFTs, right? Let's talk about NFTs, right? That's

773
00:45:34.080 --> 00:45:39.120
probably going to be easy way to implement this. So if you look at NFTs start out as a drawing,

774
00:45:39.120 --> 00:45:44.880
right? Like an artistic work and then it's a computer generated rendering of that drawing

775
00:45:44.880 --> 00:45:49.520
is created, right? So let's say somebody out there sees a computer generator rendering and

776
00:45:49.520 --> 00:45:55.680
then they modify it. So let's think of like Snoopy, right? I like Snoopy. Very simple

777
00:45:55.680 --> 00:46:00.800
character. When you look at it, very, very simple. So let's say instead of the ears being

778
00:46:00.800 --> 00:46:05.600
down and floppy, they're wrapped around his head like a headband, right? And instead, you know,

779
00:46:05.600 --> 00:46:13.120
he doesn't have his ears drooping, right? So if that's the case, then yeah. Thank you,

780
00:46:13.120 --> 00:46:18.880
Ray, for typing that in fungible tokens. Yeah. I didn't even think some people might be like,

781
00:46:19.440 --> 00:46:28.240
NFTs? What's an NFT? Sounds like a disease. No disease here. Yeah. It's a commodity that you can

782
00:46:28.240 --> 00:46:33.680
sell. It's in a different world. We can talk about that another time. All right. So let's say

783
00:46:33.680 --> 00:46:39.760
somebody sees the Snoopy and says, I'm going to put the ears around his head, right? The question

784
00:46:39.760 --> 00:46:46.400
is what legal rights are there associated with that, right? You're talking about what's called

785
00:46:46.400 --> 00:46:54.400
copyright law. That whole area, that realm is predominantly copyright law. Now, you could create

786
00:46:54.400 --> 00:47:00.160
a logo that has Snoopy in it, in which case trademark law could be involved too. And if

787
00:47:00.160 --> 00:47:05.200
somebody modifies that logo that has Snoopy in it, then that could potentially be trademark

788
00:47:05.200 --> 00:47:11.200
infringement, right? But we always have to look at, like my daughters are artists. You know,

789
00:47:11.200 --> 00:47:17.840
my oldest is going to school to RPI for interior design and architecture. And my youngest,

790
00:47:18.640 --> 00:47:27.360
she draws, oh my gosh, her gifting just, it's kind of amazing, right? And so she has her whole line

791
00:47:27.360 --> 00:47:35.120
of characters, like a whole line of them, you know, like the lion, the lamb, and 4 billion others.

792
00:47:35.120 --> 00:47:40.160
She has them all laid out. And so we're going to turn them into NFTs and she's going to build her

793
00:47:40.160 --> 00:47:47.040
own corporation, right? At 16. And so I'm like, let's do this. Come on, you know, let's go do this

794
00:47:47.040 --> 00:47:53.040
because I understand the structure for it. But here's the thing is that those things are protectable

795
00:47:53.040 --> 00:47:59.520
by copyright and they're also protectable by trademark potentially if they're logos. So

796
00:48:00.960 --> 00:48:06.640
predominantly copyright law will be involved when you're dealing with characters. And if somebody

797
00:48:06.640 --> 00:48:13.360
modifies them, then that could essentially be copyright law infringement. Because the only

798
00:48:13.360 --> 00:48:18.480
right, and we're going to cover this on Wednesday, the only right, the only person who can modify

799
00:48:19.280 --> 00:48:26.960
a character is the one who owns the copyright. That's it. Anybody else is modifying a copyrighted

800
00:48:26.960 --> 00:48:34.080
work, that's copyright infringement. And so I tell people, you'll see on day three, I'll tell you,

801
00:48:34.080 --> 00:48:38.800
if you're an artist, if you do drawings, if you do paintings, I know prophetic painters,

802
00:48:38.800 --> 00:48:46.080
I know people that do drawings that are like, remarkable. Find the ones that are most important,

803
00:48:46.080 --> 00:48:53.920
file those with the copyright office, cost 65 bucks. Like for $65, you can get rid of an awful

804
00:48:53.920 --> 00:49:00.160
lot of pain. You know, so I would find your most important works and do that. Or you can file

805
00:49:00.160 --> 00:49:05.360
multiple works together as one filing. We'll talk about that all on day on Wednesday. Okay.

806
00:49:06.240 --> 00:49:09.840
All right, let me cover a little more here. And then we're going to close. We have seven more

807
00:49:09.840 --> 00:49:16.400
minutes. So I'm going to cover a question on this question is she took asked if you took elements

808
00:49:16.400 --> 00:49:22.960
from someone else's creation to make her character. I think she was saying. So Mandy, did you take

809
00:49:22.960 --> 00:49:28.160
other people's stuff and put it into yours? I didn't know. It was in the back. Oh, I'm sorry.

810
00:49:28.160 --> 00:49:32.880
I must have misunderstood. No, it was actually the flip of that where I had designed a character.

811
00:49:32.880 --> 00:49:38.000
And then somebody had like, it wasn't quite as like detailed as mine. But the basic color scheme

812
00:49:38.000 --> 00:49:43.920
and layout was very similar. So it was like they had taken the character design the base of the

813
00:49:43.920 --> 00:49:49.280
character design and called it their own. Basically, there is a thing called trade dress,

814
00:49:50.720 --> 00:49:55.600
which is an area that I wasn't going to talk about here because it's really complicated.

815
00:49:55.600 --> 00:49:59.760
And so we might be able to touch base offline Mandy.

816
00:50:00.000 --> 00:50:04.400
But in trade dress, it protects the general look

817
00:50:04.400 --> 00:50:06.640
and feel of something.

818
00:50:06.640 --> 00:50:09.800
So think of when you walk into a McDonald's.

819
00:50:09.800 --> 00:50:11.760
They all kind of look the same.

820
00:50:11.760 --> 00:50:14.240
They all kind of have that same look and feel,

821
00:50:14.240 --> 00:50:16.120
the same kind of colors.

822
00:50:16.120 --> 00:50:19.800
Or if you walk into a Waffle House, if you're down South,

823
00:50:19.800 --> 00:50:22.400
they all look the same from the outside.

824
00:50:22.400 --> 00:50:24.160
Friendlies, same thing.

825
00:50:24.160 --> 00:50:28.280
A lot of franchises have a look and feel to them.

826
00:50:28.280 --> 00:50:32.680
And so you can obtain what's called trade dress.

827
00:50:32.680 --> 00:50:36.040
It's a form of trademark that includes

828
00:50:36.040 --> 00:50:39.360
colors, look, and feel.

829
00:50:39.360 --> 00:50:43.000
So that might be something you kind of think about,

830
00:50:43.000 --> 00:50:44.920
is trade dress.

831
00:50:44.920 --> 00:50:47.000
It's very unique.

832
00:50:47.000 --> 00:50:49.760
There's not a lot of people that know how to use it properly.

833
00:50:49.760 --> 00:50:55.240
But when you use it properly, anybody here create funnels?

834
00:50:55.240 --> 00:50:57.640
Anybody know what funnels are?

835
00:50:57.640 --> 00:50:58.600
I see a bunch of people.

836
00:50:58.600 --> 00:50:59.400
All right.

837
00:50:59.400 --> 00:51:01.920
You know how certain people have the same color schemes

838
00:51:01.920 --> 00:51:04.080
that they use?

839
00:51:04.080 --> 00:51:07.800
It's always that same general look and feel.

840
00:51:07.800 --> 00:51:09.560
I have a certain color scheme that Rae

841
00:51:09.560 --> 00:51:11.400
makes me use every time.

842
00:51:11.400 --> 00:51:14.680
That's not in our palette.

843
00:51:14.680 --> 00:51:17.480
I try to do an ad, and she's like, that's not using our

844
00:51:17.480 --> 00:51:18.600
colors.

845
00:51:18.600 --> 00:51:21.040
I'm like, what?

846
00:51:21.040 --> 00:51:22.240
I just like the ad.

847
00:51:22.240 --> 00:51:23.360
It's not using our colors.

848
00:51:23.360 --> 00:51:24.280
Fix it.

849
00:51:24.280 --> 00:51:26.360
It's not our brand.

850
00:51:26.360 --> 00:51:27.720
It's our brand, right.

851
00:51:27.720 --> 00:51:31.960
So there's a general look and feel to that funnel, right?

852
00:51:31.960 --> 00:51:34.560
You can actually use trade dress for that

853
00:51:34.560 --> 00:51:40.320
to stop other people from using that exact same look.

854
00:51:40.320 --> 00:51:42.040
There's all sorts of really cool things

855
00:51:42.040 --> 00:51:43.480
you can do with trademark law.

856
00:51:43.480 --> 00:51:45.080
It's very powerful.

857
00:51:45.080 --> 00:51:47.480
Most people just think, well, TM, Circle R.

858
00:51:47.480 --> 00:51:48.320
That's all it is.

859
00:51:48.320 --> 00:51:51.600
There's way more that you can do with trademark law.

860
00:51:51.600 --> 00:51:53.680
So getting a good trademark law attorney

861
00:51:53.680 --> 00:51:55.720
really is very helpful if you want

862
00:51:55.720 --> 00:51:58.120
to stop others from stealing your stuff.

863
00:51:58.120 --> 00:52:02.880
All right, let me cover one more thing.

864
00:52:02.880 --> 00:52:04.000
This is kind of unique.

865
00:52:04.000 --> 00:52:11.280
What if you have a logo that has a word in it, all right?

866
00:52:11.280 --> 00:52:13.600
There's a lot of logos out there, and some of you

867
00:52:13.600 --> 00:52:17.280
may have logos that have words in them, OK?

868
00:52:17.280 --> 00:52:21.320
If there's a word inside the logo,

869
00:52:21.320 --> 00:52:25.320
you might want to think about whether or not

870
00:52:25.320 --> 00:52:32.560
you want to file for the word separate, OK?

871
00:52:32.560 --> 00:52:35.440
Can anybody think of a logo that has a word in it?

872
00:52:40.040 --> 00:52:44.040
Let's see if I can pull one up for you.

873
00:52:44.040 --> 00:52:47.040
Does FedEx have?

874
00:52:47.040 --> 00:52:49.960
Walmart does.

875
00:52:49.960 --> 00:52:51.880
Yeah.

876
00:52:51.880 --> 00:52:53.240
Pulling up Walmart's right now.

877
00:52:55.960 --> 00:52:56.880
All right, here we go.

878
00:52:56.880 --> 00:52:58.120
That was actually a good example.

879
00:53:00.520 --> 00:53:03.360
Let's make it bigger so everybody can see it.

880
00:53:03.360 --> 00:53:07.880
Oh, Kim, don't make me hungry at the In-N-Out Burger.

881
00:53:07.880 --> 00:53:11.080
Somebody pulling up burgers?

882
00:53:11.080 --> 00:53:11.600
OK.

883
00:53:11.600 --> 00:53:14.680
I think Burger King is one of them, too.

884
00:53:14.680 --> 00:53:16.440
Yep, McDonald's has them, too.

885
00:53:16.440 --> 00:53:17.920
All right, so here's Walmart, right?

886
00:53:17.920 --> 00:53:19.840
It is simple.

887
00:53:19.840 --> 00:53:21.720
Let me make it bigger.

888
00:53:22.120 --> 00:53:25.920
Or less, less, less.

889
00:53:25.920 --> 00:53:28.360
All right, here's an example.

890
00:53:28.360 --> 00:53:28.960
There's Walmart.

891
00:53:31.800 --> 00:53:37.640
So you see how it has underneath save money, live better.

892
00:53:37.640 --> 00:53:42.800
And then there's this thing to the right.

893
00:53:42.800 --> 00:53:44.080
Sunshine.

894
00:53:44.080 --> 00:53:45.720
Sunshine, sunshine.

895
00:53:45.720 --> 00:53:47.000
That'll work, OK.

896
00:53:47.000 --> 00:53:50.600
So you have Walmart, and then you have the sunshine, OK?

897
00:53:50.600 --> 00:53:57.040
So it would be beneficial to actually file for Walmart alone.

898
00:53:57.040 --> 00:54:01.240
And then you could file for Walmart with the sunshine,

899
00:54:01.240 --> 00:54:02.560
right?

900
00:54:02.560 --> 00:54:08.280
Because if you use the name Walmart alone in business,

901
00:54:08.280 --> 00:54:11.640
but you only have, if you only register the word

902
00:54:11.640 --> 00:54:18.640
mark with the logo, then you run the risk of somebody

903
00:54:18.640 --> 00:54:21.480
using the name alone and saying that they don't believe that they

904
00:54:21.480 --> 00:54:23.520
commit trademark infringement because they're not

905
00:54:23.520 --> 00:54:26.080
using your entire trademark.

906
00:54:26.080 --> 00:54:29.000
And they may not win, or they may win.

907
00:54:29.000 --> 00:54:32.720
The whole point is it's a lot easier for you

908
00:54:32.720 --> 00:54:37.680
to register Walmart alone and to register,

909
00:54:37.680 --> 00:54:40.280
you can register to Walmart with the sun alone.

910
00:54:40.280 --> 00:54:43.240
I mean, if you ever use the sun alone, the sunshine alone,

911
00:54:43.240 --> 00:54:46.880
then I would register to sunshine alone, too.

912
00:54:46.880 --> 00:54:48.480
Because then think of Nike.

913
00:54:48.480 --> 00:54:49.520
There's Nike.

914
00:54:49.520 --> 00:54:53.880
Let me type in Nike trademark.

915
00:54:53.880 --> 00:54:58.280
Nike, just do it.

916
00:54:58.280 --> 00:55:01.320
So here's Nike images.

917
00:55:00.000 --> 00:55:04.180
is Nike's Just Do It.

918
00:55:05.680 --> 00:55:07.280
There it is right there, right?

919
00:55:07.280 --> 00:55:10.220
So you have the Swoosh and then you have Just Do It.

920
00:55:10.220 --> 00:55:14.480
So they actually use the Swoosh alone.

921
00:55:14.480 --> 00:55:16.120
So they have one registration for that.

922
00:55:16.120 --> 00:55:19.720
Then they have another registration that has Just Do It.

923
00:55:19.720 --> 00:55:21.440
Those are actually two trademarks,

924
00:55:21.440 --> 00:55:22.840
but they use them together.

925
00:55:24.000 --> 00:55:27.080
Because if somebody uses Just Do It

926
00:55:27.080 --> 00:55:29.340
and they own the Swoosh with Just Do It,

927
00:55:29.340 --> 00:55:31.460
the other party might argue,

928
00:55:31.460 --> 00:55:34.860
yeah, we're not copying all of your trademark.

929
00:55:34.860 --> 00:55:37.460
Now, at the end of the day,

930
00:55:37.460 --> 00:55:40.580
I can tell you from experience as a litigator

931
00:55:40.580 --> 00:55:43.980
that that person's gonna lose, right?

932
00:55:43.980 --> 00:55:48.220
Because Just Do It is the major component of the trademark.

933
00:55:49.940 --> 00:55:52.260
And so when you do an analysis of it,

934
00:55:52.260 --> 00:55:54.220
is there a likelihood of confusion?

935
00:55:54.220 --> 00:55:57.620
And one party is using Just Do It for a sneaker box,

936
00:55:57.660 --> 00:55:58.980
like I've got over here.

937
00:56:01.180 --> 00:56:02.420
These were given to me.

938
00:56:04.780 --> 00:56:06.820
This happens sometimes, guys.

939
00:56:06.820 --> 00:56:10.420
Here, this here, these were given to me, right?

940
00:56:10.420 --> 00:56:11.580
I didn't buy these.

941
00:56:11.580 --> 00:56:13.260
These were given to me, okay?

942
00:56:13.260 --> 00:56:15.460
These are Pumas, right?

943
00:56:15.460 --> 00:56:18.140
So there's some sneakers here, the Pumas, okay?

944
00:56:19.140 --> 00:56:21.140
I'm not really into Pumas personally.

945
00:56:21.140 --> 00:56:24.340
It's not my type of sneaker, but they were a gift.

946
00:56:24.340 --> 00:56:26.340
And so I'm grateful for them.

947
00:56:26.340 --> 00:56:27.620
And they look nice.

948
00:56:27.620 --> 00:56:29.020
Like, you know, they're kind of pretty.

949
00:56:29.020 --> 00:56:30.260
They have the gold.

950
00:56:30.260 --> 00:56:33.380
And I don't know if you can see on this side,

951
00:56:34.260 --> 00:56:37.100
there's like gold lettering and Puma,

952
00:56:37.100 --> 00:56:39.820
and this is Clyde Drexel.

953
00:56:39.820 --> 00:56:41.980
So, you know, they're good sneakers,

954
00:56:41.980 --> 00:56:43.700
but they're just not my style.

955
00:56:43.700 --> 00:56:48.020
So anyways, if somebody decides to use Puma alone,

956
00:56:48.860 --> 00:56:51.100
there's the cat in the logo,

957
00:56:51.100 --> 00:56:52.860
then there's Puma underneath it.

958
00:56:52.860 --> 00:56:55.060
If somebody uses Puma alone for sneakers,

959
00:56:55.060 --> 00:56:58.940
then I guarantee you, Puma's gonna sue them anyway,

960
00:56:58.940 --> 00:57:00.260
because the word's in it.

961
00:57:00.260 --> 00:57:02.860
But you have the highest chance of winning

962
00:57:02.860 --> 00:57:05.940
if you register the name alone and the logo separate.

963
00:57:07.060 --> 00:57:11.180
As long as you do use them separate at least once,

964
00:57:11.180 --> 00:57:13.540
that's gonna give you the most powerful coverage

965
00:57:13.540 --> 00:57:16.820
in trademark law, to own each one separate, okay?

966
00:57:16.820 --> 00:57:20.740
All right, and with that, I'm gonna stop here.

967
00:57:21.620 --> 00:57:23.900
I know Larissa has her,

968
00:57:23.900 --> 00:57:25.220
she kind of does a summary

969
00:57:25.220 --> 00:57:28.020
and kind of ask you guys some questions before we close.

970
00:57:31.380 --> 00:57:32.700
Let me see.

971
00:57:33.940 --> 00:57:35.500
Diana, I think we answered your question.

972
00:57:35.500 --> 00:57:37.460
I think we went through a lot of your questions today.

973
00:57:37.460 --> 00:57:39.740
I wanted to cover at least one question from everyone.

974
00:57:39.740 --> 00:57:43.700
Anders, I know we'll kind of touch base another time.

975
00:57:43.700 --> 00:57:47.820
And so tomorrow VIP is the same time.

976
00:57:47.820 --> 00:57:49.660
We're gonna go deeper into trademarks.

977
00:57:49.660 --> 00:57:52.740
Tomorrow, you do not wanna miss VIP,

978
00:57:52.740 --> 00:57:54.820
because we're gonna go through a live filing

979
00:57:54.820 --> 00:57:57.540
of a trademark application, okay?

980
00:57:57.540 --> 00:58:01.420
And that one piece by itself,

981
00:58:01.420 --> 00:58:04.300
like is worth all the costs you're paying

982
00:58:04.300 --> 00:58:06.020
for a challenge in VIP.

983
00:58:06.020 --> 00:58:08.140
Anybody who is in challenge,

984
00:58:08.140 --> 00:58:10.980
who wants to learn how to do trademark applications,

985
00:58:10.980 --> 00:58:13.100
you should go live in the Facebook group

986
00:58:13.100 --> 00:58:18.060
and tell them, join VIP, because you can't miss tomorrow.

987
00:58:18.060 --> 00:58:21.020
Because you guys can't share the videos with them,

988
00:58:21.020 --> 00:58:22.980
because that would be copyright infringement.

989
00:58:22.980 --> 00:58:24.580
You'll learn that on Wednesday.

990
00:58:24.580 --> 00:58:29.580
So for that reason, it's really valuable to do the VIP.

991
00:58:31.340 --> 00:58:35.140
So your homework for VIP is go live

992
00:58:35.140 --> 00:58:37.700
and let other people know about what you learned in VIP.

993
00:58:37.700 --> 00:58:39.860
If there's anything jumped out at you

994
00:58:39.860 --> 00:58:42.940
that you think would be helpful to them, let them know.

995
00:58:42.940 --> 00:58:44.340
Like share that with them,

996
00:58:44.340 --> 00:58:48.460
because I just find a lot of people after the challenge,

997
00:58:48.460 --> 00:58:51.900
if they're not in VIP, they end up sending me messages

998
00:58:51.900 --> 00:58:53.020
saying, can you please explain

999
00:58:53.020 --> 00:58:55.100
how to file a trademark application?

1000
00:58:55.100 --> 00:58:57.180
And then we have to go all the way back to the beginning

1001
00:58:57.180 --> 00:58:58.020
and start all over.

1002
00:58:58.020 --> 00:59:00.100
And it's just a lot easier if they're already here.

1003
00:59:00.100 --> 00:59:03.300
So just let them know, all right?

1004
00:59:03.300 --> 00:59:05.580
I am going to jump off.

1005
00:59:05.580 --> 00:59:07.100
I hope you guys enjoyed day one.

1006
00:59:07.100 --> 00:59:09.340
This was day one, okay?

1007
00:59:09.340 --> 00:59:13.220
Tomorrow is probably the most comprehensive day.

1008
00:59:13.220 --> 00:59:15.380
And then it gets a lot easier.

1009
00:59:15.380 --> 00:59:16.540
Copyrights are easier.

1010
00:59:16.580 --> 00:59:19.020
Patents, we're not going to go extremely deep.

1011
00:59:20.020 --> 00:59:21.860
And then we're going to kind of bring it all together

1012
00:59:21.860 --> 00:59:23.820
so everybody understands all aspects.

1013
00:59:23.820 --> 00:59:26.580
Nathan, make sure you got that email

1014
00:59:26.580 --> 00:59:27.940
because I want to make sure you got it.

1015
00:59:27.940 --> 00:59:29.540
You got it?

1016
00:59:29.540 --> 00:59:30.380
Okay, good, good.

1017
00:59:30.380 --> 00:59:32.380
So you're all set, awesome.

1018
00:59:32.380 --> 00:59:33.860
All right, my friends, I'm going to jump off.

1019
00:59:33.860 --> 00:59:35.340
I'll leave you Larissa.

1020
00:59:35.340 --> 00:59:37.780
You have a blessed evening

1021
00:59:37.780 --> 00:59:39.500
and think about what you've learned.

1022
00:59:39.500 --> 00:59:40.620
And I'll have the replays for you

1023
00:59:40.620 --> 00:59:42.300
probably by tomorrow morning, all right?

1024
00:59:42.300 --> 00:59:44.420
I'm going to be working on it tonight.

1025
00:59:44.420 --> 00:59:45.980
All right, take care everyone.