WEBVTT

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All right. Well, welcome aboard. So for some of you, this is their first time in the protection

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portal. So this is, it's kind of similar to the VIP experience, but you'll see that it

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goes deeper. We're going to take time to make sure you really understand some of these concepts.

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And we're going to kind of find relationships between different issues. So as to make sure

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that, you know, when you, when you understand that a car has an engine, it's nice, not chilly,

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understand that the engine only works if it has gasoline, it's kind of that kind of situation.

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Like I'm going to teach you the things that are related to the issues you're learning.

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And so things that are natural progressions from what you're learning. Now, as we're going

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along, some of you are going to have questions that, that you already have that you've emailed

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to me. That's where I'm basing off the beginning of the sessions is from the emails that you

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send me. So make sure during the month you're emailing me so that I can look over those

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and be prepared to hit those topics sequentially. And then as I'm going through those, if you

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have a follow-up to that matter that I've already addressed, then feel free to raise

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your hand and I'll acknowledge you. And then you can ask that follow-up to that matter.

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I'm trying to keep it on specific subject matters. And then as we go along, I'm going

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to, then as I've nailed some of the major issues, I'll ask you, does anybody have any

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other questions? And that's when we'll do like the hot seeds and, you know, and all

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the interactions. But when we start off, I kind of have an agenda based on what you've

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sent me and the time that I've spent reviewing your emails and determining, you know, what

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areas of law really pertain to your questions. Like some people were asking questions with

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regard to websites. And if you file for a copyright application on a website, then does

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that mean you also own the logo and the trademark? And what about the slogan? And what about

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the graphical user interface and stuff like that? So we're going to be going through that

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today, just so you understand when you do a specific filing, what exactly it is that

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you're filing for, I think is important because we tend to look at things as a big package

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and government entities don't. They don't tend to look at like when you file a copyright

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application at www.copyright.gov, they don't look at it as every single thing that's associated

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with that filing you now own. They don't look at it that way. They only look at specifically

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what that office is assigned to for protection and nothing else. OK, so this is a it's this

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is a big area that people make mistakes in all the time. And so as an example, you remember

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the example of the secretary of state. So somebody files the name of a corporation with

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the secretary of state and then they think, well, OK, I own the name. Now, that's now

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my name. But then when they find out that somebody else is doing the name, they get

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upset. They send a notice letter to the other party saying, hey, I own that name. Here's

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my registration of the corporation with the secretary of state just to find out that that

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other party has a federal registration who then shuts them down. So as you obtain intellectual

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property rights, I guess the way I would put it is don't get gun happy. All right. Don't

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feel like, you know, oh, now I can shut everybody down. Let me attack this attack that because

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I've seen people do it where they obtain certain legal rights and then all of a sudden they

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start getting very aggressive and going after the people. Make sure you do your homework

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before you send a single communication or even call them, because how many of you know

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that if you call an entity, they actually have identification of any individual who's

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actually called them like their records. They can find out who's called them, who's emailed

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them everything. So if you're ever in a legal battle, all of those records become admissible

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in court. So you don't want to have like this plethora of information that can hurt

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you because you just got anxious. You know, the word says be anxious over nothing, but

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in everything, bring your prayers and petitions to God with Thanksgiving and he provides you

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with a peace that goes beyond all understanding. Right. So don't jump and attack. So if you

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see somebody using your name, make sure of what you have for protection. Right. Your

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first step should be, have I been using this name before them? That falls into the category

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of what somebody, somebody type in the chat. If you don't have a federal registration,

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but you've been using the name for a period of time in interstate commerce, what kind

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of protection is that called? There you go. Common law.

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Come on, Holly, come on.

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It's so good.

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Yes, that's right.

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There's gotta be like a computer way

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of sending stars on people's papers, you know?

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Like, just be like star, star.

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When you get five of them, you get a prize.

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There's to be something like that.

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We have to create that.

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That's gonna be another patent.

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We'll do that.

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So yeah, so the first thing is to determine,

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well, have I been using it prior to them?

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If I have been using it prior to them, okay,

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I've got certain common law rights, right?

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So then if I have certain common law rights,

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if I want to expand my territory,

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and I'm explaining this to you

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because this goes along the lines of one of the questions.

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If I know that I've used it prior to them,

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let's say since 1980,

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and they've got a registration in 2000,

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and I know that I'm safe

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because I've been using since 1980

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on my services and my goods,

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so I don't care if they get a federal registration or not.

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They can't stop me.

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Like I've been using it

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in my specific geographic location.

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The question is, what does geographic location mean?

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And that's where you need to talk to an attorney.

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You need to go to them and say,

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okay, look, I've been using this name since 1980.

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Here's another entity.

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It looks like they've been,

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they got a federal registration in 2000.

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Let's just say 2000, yeah, since 2000.

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And I want to continue using,

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is that going to be a problem

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now that they got a federal registration?

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Or I want to go into another territory.

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Is that going to be a problem?

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And remember, if somebody else gets a federal registration

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after you've been using your trademark

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in a specific geographical region,

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then you can't expand out.

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It's kind of like they put this circle around you.

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You're stuck where you're stuck.

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That's it.

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You can continue where you are,

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but you can't go out, right?

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So that's when you need to get a lawyer involved

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because you need to ask them, what does it mean?

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Like, what specifically does it mean

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that I can continue using my trademark

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in the geographical region where I've been using it?

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What does that mean?

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I don't want theoretical stuff.

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I want to know specifically what county I can use it in.

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I want to know what town I can use it in.

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Like, get your lawyer to do their homework at that point

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because then they're going to plot out to you

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and say, okay, you can use it in Nashua

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and in Belmont and in Concord,

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but you can't go into Manchester.

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Like, they're going to tell you that

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and get that in writing.

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So now you have, the reason why,

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it's not because you're trying to lock your lawyer in, right?

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It's what you're doing is you're trying to prove

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if you ever get sued that you're not woefully infringing

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because you relied upon what a lawyer said.

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Do you see that?

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There's a difference.

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There's a difference between,

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I believe there's an infringement and I continue doing it,

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and then I get sued,

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which can lead to willful infringement,

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or I go and I see a lawyer,

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I get a legal opinion saying

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I can continue doing what I'm doing,

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and then I get sued.

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It's very hard for me to be liable for willful infringement

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if I've got a legal opinion

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from somebody that does this for a living.

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You know, look, I'm not a lawyer.

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I'm relying upon this legal opinion.

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Here's the legal opinion.

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I paid for the legal opinion.

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So therefore, how can I be willfully infringing

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if I don't understand this area of law?

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You know, I relied upon another,

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and that's very powerful, powerful, powerful evidence

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to get rid of willful infringement if you ever get sued, okay?

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And with that getting sued thing,

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I need to put in the disclaimer,

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none of this is legal advice.

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I'm just telling you what the law says.

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There's like, if I was teaching in a law school,

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like I've taught at Dartmouth, MIT,

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I've taught at UNH School of Law,

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which was Franklin Pierce Law School.

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I've taught at the University of Tel Aviv,

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and this is how I would teach them.

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I would teach them the law,

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and then it's up to them to go to the lawyers

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and figure out how to implement what they've learned, okay?

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So with that, type in the chat, this is not legal advice.

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So I have at least a few confirmations here.

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People know none of this is legal advice, except you, John.

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I don't want you typing, this is not legal advice, okay?

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Yeah, there you go.

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He's doing it in sign language, not legal advice.

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Got it, okay, good.

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All right, and with that, let me continue.

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Hey, Rowena, how are you?

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Hey, hey, y'all.

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Hey.

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All right, so we were just going through understanding

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when you get a lawyer involved,

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essentially on some of these issues.

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So let me jump into a few of the issues,

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and then any questions on the follow-up right there

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on when you get a lawyer involved?

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Like if you get a cease and desist letter,

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or you get, you believe there's a potential.

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of infringement or you believe

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that you may be infringing another party.

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Is there any question as to at what point

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you should be getting the lawyer involved?

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Okay, everybody looks like they're pretty good then.

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All right, good.

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All right, so now let me go into some of the topics

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that we have here.

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Number one, let's say that you,

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remember how we talked about protection of a website, right?

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So a lot of you are coaches.

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A lot of you have funnels.

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A lot of you have either websites

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that provide kind of a summary of what you do.

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And you're concerned that,

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and I know you're concerned

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because you're emailing me about it.

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You're concerned that another person

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is going to copy what's on your website

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and just copy it and paste it on theirs.

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And now they've got their own website

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or their own funnel that lists essentially

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the same services that you perform,

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but you spent three weeks making that thing look flawless.

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If you want to stop that, what do you file?

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Somebody just type it in the chat what you would file.

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Copyright, exactly.

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So you'd file a copyright application

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and we went over exactly where to file that,

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what the form looks like.

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So now here's the situation though.

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If you file a copyright application,

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there's a few things to remember.

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If you file a copyright associated with your website

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or your funnel, you do not,

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in the filing of the copyright application

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with the copyright office,

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you do not end up getting legal rights to the trademarks.

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Okay?

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What do I mean by that?

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Your logos are on your website, right?

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So your logos are up there.

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You have your slogans up there.

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You have the name of your company up there.

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By filing your one application,

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it's not a one filing gives you everything.

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The United States Patent and Trademark Office

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and the Copyright Office are two different offices.

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So you're not going to get trademark rights

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by filing with the Copyright Office.

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It doesn't work that way.

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Just like you're not going to get trademark rights

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by filing with the Secretary of State.

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It doesn't work that way.

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They're separate entities, okay?

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So what you want to do is file your copyright application

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for your website, but then separately,

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any of your logos, any of your trademarks and your slogans,

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those you file separately

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with the United States Patent and Trademark Office.

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Okay?

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Now, some of you have asked a really good question,

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which is what if your logo has text in it,

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which is also your trademark?

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How do you deal with that situation?

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So in that situation, you have an option.

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You can file your logo application, right?

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You can file your logo, but then separately,

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00:12:47.120 --> 00:12:49.800
what I would do is I would file a separate application

249
00:12:49.800 --> 00:12:54.800
on the text inside if you actually are using the text alone.

250
00:12:56.600 --> 00:12:58.360
That's the big question.

251
00:12:58.360 --> 00:13:00.520
Do you use the text alone?

252
00:13:00.520 --> 00:13:03.120
Like if you use the text alone,

253
00:13:03.120 --> 00:13:06.280
then you want to be able to stop others

254
00:13:06.280 --> 00:13:09.400
from using that text.

255
00:13:11.160 --> 00:13:14.040
But if you only have it in the logo,

256
00:13:14.040 --> 00:13:15.880
then what the other party is going to do is argue

257
00:13:15.880 --> 00:13:20.600
that they're not really using all of your trademark.

258
00:13:20.600 --> 00:13:22.520
They're using like a small portion of it,

259
00:13:22.520 --> 00:13:24.000
and then they're going to argue

260
00:13:24.000 --> 00:13:25.920
there's not really a likelihood of confusion

261
00:13:25.920 --> 00:13:28.960
because it's not really the important portion of your logo.

262
00:13:28.960 --> 00:13:32.440
The creative portion is really the important portion

263
00:13:32.440 --> 00:13:33.720
of your logo.

264
00:13:33.720 --> 00:13:37.080
So you get into this nasty legal battle that you don't need.

265
00:13:37.080 --> 00:13:38.880
But here's the issue.

266
00:13:38.880 --> 00:13:42.920
If I'm filing a trademark application for a logo,

267
00:13:44.080 --> 00:13:45.640
or actually, let me go back.

268
00:13:46.400 --> 00:13:48.640
If I'm filing a trademark application for a wordmark,

269
00:13:48.640 --> 00:13:51.520
and that word is within the logo,

270
00:13:52.360 --> 00:13:55.320
I've got to send to the trademark office a specimen

271
00:13:55.320 --> 00:13:57.800
that shows the word being used alone.

272
00:13:59.560 --> 00:14:01.120
Okay, so if you're not,

273
00:14:01.120 --> 00:14:03.760
if you're never using the word alone,

274
00:14:03.760 --> 00:14:05.120
it's going to be kind of hard for you

275
00:14:05.120 --> 00:14:07.680
to file a trademark application for the word alone.

276
00:14:09.600 --> 00:14:12.280
All right, so you need to think about these things.

277
00:14:12.320 --> 00:14:16.960
Like if you're like, let's say the trademark is

278
00:14:18.320 --> 00:14:22.760
like a crown, and in the crown, there's like,

279
00:14:22.760 --> 00:14:26.120
I don't know, let's say the crown is kind of like,

280
00:14:26.120 --> 00:14:27.600
it has clouds in the background.

281
00:14:27.600 --> 00:14:29.600
Let's make it really simple.

282
00:14:29.600 --> 00:14:33.400
And let's say you've come up with,

283
00:14:35.280 --> 00:14:36.280
oh, I love this name.

284
00:14:36.280 --> 00:14:39.520
Something I used a long time ago, Divine Justice.

285
00:14:39.520 --> 00:14:41.760
Let's say that's what you call your company, right?

286
00:14:42.280 --> 00:14:43.880
And so your company is providing legal services

287
00:14:43.880 --> 00:14:45.800
for Christians, and it's called Divine Justice.

288
00:14:45.800 --> 00:14:47.040
So let's say that's it.

289
00:14:47.040 --> 00:14:49.720
And so there's a crown and there's clouds in the background,

290
00:14:49.720 --> 00:14:52.040
and it says inside Divine Justice.

291
00:14:52.040 --> 00:14:54.640
But if I never use Divine Justice alone,

292
00:14:54.640 --> 00:14:56.920
it becomes hard for me to file a specimen.

293
00:14:56.920 --> 00:14:59.720
I can, but they may object to it.

294
00:14:59.720 --> 00:15:00.560
They may.

295
00:15:00.000 --> 00:15:03.200
say, well, it's only a portion of your of your trademark.

296
00:15:03.200 --> 00:15:05.400
Therefore, we're not going to give you the registration.

297
00:15:05.400 --> 00:15:06.440
You get into a battle.

298
00:15:06.440 --> 00:15:12.400
So what I would do on your side is I would use divine justice alone somewhere.

299
00:15:13.480 --> 00:15:16.760
So that you can use that as a specimen, then you can file

300
00:15:17.080 --> 00:15:19.160
a trademark application for the logo alone

301
00:15:19.480 --> 00:15:22.840
and you can file a trademark application for the wordmark alone.

302
00:15:23.160 --> 00:15:25.760
And they're going to go right through the system

303
00:15:25.760 --> 00:15:29.560
because there's no problem with logos being mixed with words.

304
00:15:30.000 --> 00:15:32.400
All right. I'm not saying you're not going to get the registration.

305
00:15:32.400 --> 00:15:38.160
I'm saying you want to minimize the number of rejections, objections,

306
00:15:38.800 --> 00:15:41.920
because the more rejections, objections you get, the more lawyers

307
00:15:41.920 --> 00:15:42.920
you're going to be paying.

308
00:15:42.920 --> 00:15:47.840
I mean, I'm just once you start getting like an issue, John

309
00:15:49.400 --> 00:15:51.920
sounds like thumbs down, thumbs down.

310
00:15:52.320 --> 00:15:57.600
So it's the more that you are, you know, the cleaner you make your applications,

311
00:15:58.080 --> 00:16:01.440
the less time you're going to spend on other things. Right.

312
00:16:01.960 --> 00:16:04.440
The place where you should be getting your lawyers are involved

313
00:16:04.440 --> 00:16:08.040
is get everything together, then send it to your lawyers for filing

314
00:16:08.040 --> 00:16:11.360
to make sure it's right, because once it's filed and it's right,

315
00:16:11.560 --> 00:16:14.200
things should move quickly.

316
00:16:14.200 --> 00:16:18.160
But if you file it improperly, then that's when you get into all these issues

317
00:16:18.160 --> 00:16:20.080
and you've got to do all these correcting things

318
00:16:20.080 --> 00:16:23.160
and some things you can't correct, which can be really messy.

319
00:16:23.160 --> 00:16:25.880
Now, one thing I thought of.

320
00:16:26.880 --> 00:16:30.640
That I just thought of this two days ago.

321
00:16:32.160 --> 00:16:35.800
As I because I'm trying to think of of your situations and implementation,

322
00:16:35.800 --> 00:16:38.680
I'm trying to make this as easy as possible for you as you practice

323
00:16:38.680 --> 00:16:41.520
and as you're talking to others as coaches.

324
00:16:41.520 --> 00:16:45.200
If you get all the documentation together, like you have your recitation

325
00:16:45.200 --> 00:16:47.640
of goods and services, you have your international class,

326
00:16:48.000 --> 00:16:50.320
you have everything together and you give that to your attorney and say,

327
00:16:50.320 --> 00:16:52.640
can you please review this and file this?

328
00:16:53.440 --> 00:16:55.160
Here's the issue.

329
00:16:55.640 --> 00:17:00.360
The issue is that remember how there was that 275 application

330
00:17:00.720 --> 00:17:02.760
that one application for 275 dollars?

331
00:17:03.400 --> 00:17:07.400
Remember in that application, what you were doing is you were selecting.

332
00:17:08.680 --> 00:17:12.520
You were you were typing in the word and then it showed the international class

333
00:17:12.520 --> 00:17:13.560
and it showed you description.

334
00:17:13.560 --> 00:17:17.319
You were checking the box and then it would just populate for you.

335
00:17:18.040 --> 00:17:20.480
If you're giving a full description, hey, Holly,

336
00:17:20.839 --> 00:17:24.640
if you're giving a full description to your attorney,

337
00:17:25.280 --> 00:17:27.560
and you want your attorney to be able to type that in,

338
00:17:27.880 --> 00:17:31.920
that's not a 275 application, that's a 325 application.

339
00:17:33.120 --> 00:17:35.640
Because you're typing it in.

340
00:17:36.040 --> 00:17:38.560
If you do, you know, do you remember the difference?

341
00:17:38.560 --> 00:17:41.480
So when we did the application live together, you remember

342
00:17:41.480 --> 00:17:43.160
there's two different ways to file them.

343
00:17:43.160 --> 00:17:45.800
There's the cheapest way, which is 275 dollars,

344
00:17:46.280 --> 00:17:49.480
which is you you go in and you click the buttons

345
00:17:49.640 --> 00:17:51.120
that are associated with the name.

346
00:17:51.120 --> 00:17:54.960
You type in the word and then all these these international classes pop up.

347
00:17:55.680 --> 00:17:59.120
And in there, you also see a description.

348
00:17:59.120 --> 00:18:04.000
And so you click everyone that pertains to you and boom, you're done. Right.

349
00:18:04.480 --> 00:18:07.400
But if you're hiring an attorney.

350
00:18:07.400 --> 00:18:09.360
You're not going to be able to click buttons

351
00:18:09.360 --> 00:18:12.280
and then select send the buttons to the attorney.

352
00:18:12.880 --> 00:18:14.800
Like you can't really do that.

353
00:18:14.800 --> 00:18:17.560
And so for that reason, you're going to be sending them a description.

354
00:18:18.600 --> 00:18:20.640
So when you send them the description, they can't

355
00:18:20.920 --> 00:18:24.080
they can't just go in there and punch buttons.

356
00:18:24.560 --> 00:18:26.280
It's not going to work.

357
00:18:26.280 --> 00:18:28.440
So what they're going to have to do is file the application

358
00:18:28.440 --> 00:18:31.480
that cost three hundred and seventy five dollars instead and type in

359
00:18:31.480 --> 00:18:35.680
what you wrote to them instead and give you any comments

360
00:18:35.680 --> 00:18:38.560
on whether or not they believe it's too broad or too narrow

361
00:18:38.560 --> 00:18:41.840
and give you feedback on that and then file your one application.

362
00:18:41.840 --> 00:18:44.680
OK, so there is a way around that.

363
00:18:45.360 --> 00:18:48.440
I showed you all how to file a trademark application.

364
00:18:48.640 --> 00:18:51.080
Like I showed I laid it out for you all.

365
00:18:51.720 --> 00:18:54.920
So you can actually go in there and like click the buttons

366
00:18:54.920 --> 00:18:59.240
and know exactly what buttons, you know, pertain to your situation

367
00:18:59.640 --> 00:19:04.640
and then tell your attorney, you know, this is this description here.

368
00:19:04.680 --> 00:19:06.720
Fault international class here.

369
00:19:06.720 --> 00:19:08.040
These are the specific words.

370
00:19:08.040 --> 00:19:09.160
And this is the internet class.

371
00:19:09.160 --> 00:19:10.600
And these are specific words.

372
00:19:10.600 --> 00:19:12.760
You can do that if you want to save like.

373
00:19:14.200 --> 00:19:16.440
What? Seventy five dollars.

374
00:19:16.440 --> 00:19:19.160
If you're trying to save seventy five dollars and working with an attorney.

375
00:19:19.400 --> 00:19:22.440
Alternatively, what I would do is I would just send them the full description

376
00:19:22.440 --> 00:19:24.560
and say, look, this is what I want to go with.

377
00:19:24.560 --> 00:19:25.600
Tell me if this will work.

378
00:19:25.600 --> 00:19:26.880
And then they'll say yes or no.

379
00:19:26.880 --> 00:19:28.880
And if they say yes, they'll populate it all.

380
00:19:28.880 --> 00:19:30.520
They'll make sure everything's clean.

381
00:19:30.520 --> 00:19:33.520
They'll tell you if they think your international class is wrong or not.

382
00:19:34.040 --> 00:19:36.560
And then they'll file for you, OK?

383
00:19:36.560 --> 00:19:37.320
Does that make sense?

384
00:19:37.320 --> 00:19:39.120
That's an implementation thing.

385
00:19:39.120 --> 00:19:40.440
This is what I mean by here.

386
00:19:40.440 --> 00:19:42.480
We go deeper like in VIP.

387
00:19:42.480 --> 00:19:44.320
We're kind of talking about, oh, you can file this.

388
00:19:44.320 --> 00:19:45.280
You can file that.

389
00:19:45.280 --> 00:19:47.400
We're talking about real life implementation.

390
00:19:47.400 --> 00:19:50.240
Now, when you go to hire that lawyer,

391
00:19:51.080 --> 00:19:53.800
that lawyer is going to say to you.

392
00:19:53.800 --> 00:19:56.160
OK, you give me a description, but there's no way in the world

393
00:19:56.160 --> 00:19:59.880
I'm going to go and try to figure out what exactly the button is that pertains.

394
00:20:00.000 --> 00:20:01.360
your exact words.

395
00:20:01.360 --> 00:20:02.560
They're not gonna do that,

396
00:20:02.560 --> 00:20:04.060
because that'll take forever.

397
00:20:04.060 --> 00:20:06.560
So instead, you just give them the description,

398
00:20:06.560 --> 00:20:09.560
it's gonna end up costing, I think, 325 or 350,

399
00:20:09.560 --> 00:20:11.520
and they can just use your description.

400
00:20:13.520 --> 00:20:14.520
Jennifer, go ahead.

401
00:20:16.360 --> 00:20:19.360
A quick question I've already forgotten from the challenge,

402
00:20:19.360 --> 00:20:22.280
is filing this kind of application

403
00:20:22.280 --> 00:20:25.140
something that we can do and that's advisable,

404
00:20:25.140 --> 00:20:29.080
or is this in the zone of like, yikes, don't do it,

405
00:20:29.120 --> 00:20:31.800
better to have an attorney look it all over?

406
00:20:31.800 --> 00:20:33.560
Yeah, the way I would do this,

407
00:20:33.560 --> 00:20:35.520
if you've never done this before,

408
00:20:35.520 --> 00:20:36.800
I would work with an attorney,

409
00:20:36.800 --> 00:20:38.520
but I would get all the work done.

410
00:20:39.840 --> 00:20:42.800
What I would do is I would go on where I showed everybody

411
00:20:42.800 --> 00:20:45.440
how to look up the international classifications.

412
00:20:45.440 --> 00:20:47.840
I would determine your international classification.

413
00:20:47.840 --> 00:20:49.560
I would come up with your own recitation

414
00:20:49.560 --> 00:20:51.080
of goods and services,

415
00:20:51.080 --> 00:20:53.400
and I would type them up in your communication

416
00:20:53.400 --> 00:20:54.520
to the attorney.

417
00:20:54.520 --> 00:20:56.520
I would go and look up the specimen,

418
00:20:56.520 --> 00:20:59.200
how we talked about what a specimen looks like.

419
00:20:59.200 --> 00:21:01.920
Remember for like products, you can use packaging,

420
00:21:01.920 --> 00:21:04.920
or you can use a picture of the product with the,

421
00:21:06.520 --> 00:21:08.840
as an example, here's a doTERRA oil, right?

422
00:21:08.840 --> 00:21:10.120
This is coconut oil.

423
00:21:10.120 --> 00:21:12.400
So you see the name doTERRA right on it.

424
00:21:12.400 --> 00:21:15.240
So I take a picture of the bottle that says doTERRA,

425
00:21:15.240 --> 00:21:17.000
that's a specimen.

426
00:21:17.000 --> 00:21:20.080
Boom, I send that in to the attorney,

427
00:21:20.080 --> 00:21:23.560
and so what happens is I'm limiting the amount of time

428
00:21:23.560 --> 00:21:25.760
that they need to spend in,

429
00:21:25.760 --> 00:21:27.240
okay, Jennifer, you're giving me a call.

430
00:21:27.240 --> 00:21:30.280
You like this name, you know, you like this name.

431
00:21:31.400 --> 00:21:34.040
I don't know, give me a name, come up with something.

432
00:21:35.400 --> 00:21:36.800
Let's say Glory Days, right?

433
00:21:36.800 --> 00:21:39.440
So it's supposed to be like,

434
00:21:39.440 --> 00:21:40.960
if you work with me in ministry,

435
00:21:40.960 --> 00:21:44.320
then just Glory Days is gonna hit you,

436
00:21:44.320 --> 00:21:45.680
and you're gonna see things right,

437
00:21:45.680 --> 00:21:46.520
and blah, blah, blah, right?

438
00:21:46.520 --> 00:21:47.640
I'm just making this up.

439
00:21:47.640 --> 00:21:48.760
So Glory Days, right?

440
00:21:48.760 --> 00:21:52.200
But days is D-A-Z-E instead of D-A-Y-E-S, right?

441
00:21:52.200 --> 00:21:55.320
So you're doing a play on words, so Glory Days, right?

442
00:21:55.880 --> 00:21:58.000
So now you say, hey, Peter,

443
00:21:58.000 --> 00:22:00.360
I wanna file a trademark application for Glory Days,

444
00:22:00.360 --> 00:22:02.360
and I say, okay, Jennifer, well, what do you want it for?

445
00:22:02.360 --> 00:22:04.760
And you're gonna say, well, I'm a coach,

446
00:22:04.760 --> 00:22:09.640
and when I give them guidance in their business fields,

447
00:22:09.640 --> 00:22:11.360
they're really gonna feel the presence of the Lord,

448
00:22:11.360 --> 00:22:12.840
and they're gonna feel the anointing on it,

449
00:22:12.840 --> 00:22:14.840
and literally it's gonna like give them

450
00:22:14.840 --> 00:22:17.040
a physical manifestation of his presence

451
00:22:17.040 --> 00:22:19.120
as they're doing work for him.

452
00:22:19.120 --> 00:22:20.640
I call it Glory Days.

453
00:22:20.640 --> 00:22:21.760
Okay, great.

454
00:22:21.760 --> 00:22:24.920
So now my job as a lawyer is I've gotta figure out

455
00:22:25.480 --> 00:22:27.640
what in the world does that mean?

456
00:22:27.640 --> 00:22:29.880
Like what international class

457
00:22:29.880 --> 00:22:31.840
is associated with that service?

458
00:22:31.840 --> 00:22:35.720
What's the description specifically of what you're doing?

459
00:22:35.720 --> 00:22:38.960
Where can I get a picture of something showing you

460
00:22:38.960 --> 00:22:42.760
advertising that service where it talks about that service?

461
00:22:42.760 --> 00:22:45.560
I mean, I've gotta get all this information.

462
00:22:45.560 --> 00:22:48.960
So now my back and forth with you, the clock's running.

463
00:22:48.960 --> 00:22:53.080
Like as I'm talking to you right now, like that's a 0.1.

464
00:22:53.120 --> 00:22:56.120
Like you literally just charged 60 bucks, right?

465
00:22:56.120 --> 00:22:58.800
And as we continue going here and I start,

466
00:22:58.800 --> 00:23:00.680
so, you know, do you want this in the name?

467
00:23:00.680 --> 00:23:02.680
Do you want this in your name?

468
00:23:02.680 --> 00:23:04.640
Or do you like, let's do this like this is real life.

469
00:23:04.640 --> 00:23:05.720
Do you want this in your name

470
00:23:05.720 --> 00:23:07.560
or do you want it in the name of your company?

471
00:23:07.560 --> 00:23:08.640
What are you thinking?

472
00:23:11.360 --> 00:23:12.760
Tick, tick.

473
00:23:12.760 --> 00:23:17.000
I know, I don't know, name of the company?

474
00:23:17.000 --> 00:23:18.480
So you say the name of the company, right?

475
00:23:18.480 --> 00:23:21.320
So what I do as the attorney is I say,

476
00:23:21.920 --> 00:23:24.360
I'm doing this for fun, guys, so you know how it is.

477
00:23:24.360 --> 00:23:26.280
But I want everybody to understand

478
00:23:26.280 --> 00:23:28.760
that this is what really happens in real life.

479
00:23:28.760 --> 00:23:30.760
Some of you are really cracking up, I love it.

480
00:23:30.760 --> 00:23:32.880
So now, like Jennifer just said,

481
00:23:32.880 --> 00:23:33.880
I want the name of the company.

482
00:23:33.880 --> 00:23:36.320
So my follow-up as an attorney is

483
00:23:36.320 --> 00:23:37.480
I want to be a good attorney

484
00:23:37.480 --> 00:23:39.360
and make sure that she's making the right decision.

485
00:23:39.360 --> 00:23:40.800
So I say to her,

486
00:23:40.800 --> 00:23:42.280
well, you want it in the name of the company.

487
00:23:42.280 --> 00:23:44.080
Is there a specific reason why?

488
00:23:44.080 --> 00:23:46.400
Are you the head of the company

489
00:23:46.400 --> 00:23:49.200
or do you have a board where there's multiple people

490
00:23:49.200 --> 00:23:50.800
that are responsible for the company?

491
00:23:50.840 --> 00:23:52.920
Because if you don't maintain

492
00:23:55.360 --> 00:23:58.080
the majority share of the entity,

493
00:23:58.080 --> 00:24:01.400
another party can actually license your trademark,

494
00:24:01.400 --> 00:24:02.840
they could sell your trademark,

495
00:24:02.840 --> 00:24:04.200
they could do anything they want

496
00:24:04.200 --> 00:24:05.640
and you couldn't control it.

497
00:24:05.640 --> 00:24:08.400
So you sure you want it in the name of the company?

498
00:24:08.400 --> 00:24:11.000
So now you have to go, oh, hold it.

499
00:24:11.000 --> 00:24:12.520
I'm in partnership with Miguel

500
00:24:12.520 --> 00:24:14.000
and we all know Miguel, man.

501
00:24:14.000 --> 00:24:14.840
Miguel is a crappy guy.

502
00:24:14.840 --> 00:24:16.680
Oh, sketchy man.

503
00:24:16.680 --> 00:24:20.040
I'm telling you, he's gonna sell that IP

504
00:24:20.040 --> 00:24:22.760
in a second and then he's gonna give you all the money

505
00:24:22.760 --> 00:24:23.760
because he loves you.

506
00:24:23.760 --> 00:24:26.400
So, but that's kind of how it works.

507
00:24:26.400 --> 00:24:30.520
So now in that conversation, that just turned into a 0.2.

508
00:24:31.560 --> 00:24:33.840
So it went from 60 bucks to 120 bucks.

509
00:24:33.840 --> 00:24:36.440
You see how quick it adds up?

510
00:24:36.440 --> 00:24:38.760
So this is why I'm saying to you,

511
00:24:38.760 --> 00:24:40.240
what I would love for you to do

512
00:24:40.240 --> 00:24:41.840
or what would be beneficial for you

513
00:24:41.840 --> 00:24:44.640
is know the answers to all these things.

514
00:24:44.640 --> 00:24:46.920
I want it in the corporation's name.

515
00:24:46.920 --> 00:24:49.480
Yes, I'm a sole proprietor

516
00:24:49.480 --> 00:24:52.360
or I'm the member, I'm the owner.

517
00:24:52.360 --> 00:24:53.640
I don't have an issue here.

518
00:24:53.640 --> 00:24:54.480
Write it out.

519
00:24:55.480 --> 00:25:00.480
It's in international class 35 or 41 for services.

520
00:25:00.000 --> 00:25:04.320
the services specifically are blah, blah, blah, blah, blah.

521
00:25:04.320 --> 00:25:07.560
Here's a picture of my website advertising the service

522
00:25:07.560 --> 00:25:12.240
with a purchase here button that shows you can purchase

523
00:25:12.240 --> 00:25:13.160
a service right here.

524
00:25:13.160 --> 00:25:15.560
And there's a description of it right there.

525
00:25:15.560 --> 00:25:16.880
Here's a copy of it.

526
00:25:16.880 --> 00:25:18.680
You send it all in one email to the lawyer.

527
00:25:18.680 --> 00:25:22.160
The lawyer is like, what in the world just happened?

528
00:25:22.160 --> 00:25:27.160
Like literally you did practically 75% of their job is done.

529
00:25:28.160 --> 00:25:32.920
Now, if they charge you $1,200 for following a trademark

530
00:25:32.920 --> 00:25:35.520
for that, your response needs to be,

531
00:25:35.520 --> 00:25:37.440
what exactly did you charge me for?

532
00:25:37.440 --> 00:25:38.920
I did all the work for you.

533
00:25:39.960 --> 00:25:43.280
All you had to do is look at the recitation of services.

534
00:25:43.280 --> 00:25:44.520
And when you start using language

535
00:25:44.520 --> 00:25:46.960
like recitation of services and my specimen,

536
00:25:46.960 --> 00:25:49.720
I know it's proper because it's a picture of my website

537
00:25:49.720 --> 00:25:52.640
advertising my service with a purchase here button there,

538
00:25:52.640 --> 00:25:55.000
which is what's needed for a specimen.

539
00:25:55.000 --> 00:25:57.400
I mean, you start talking this kind of lingo

540
00:25:57.400 --> 00:26:00.080
and lawyers are either gonna love you or hate you.

541
00:26:00.080 --> 00:26:01.200
The lawyers that are gonna love you

542
00:26:01.200 --> 00:26:02.240
are gonna be lawyers like me

543
00:26:02.240 --> 00:26:03.560
who could just say to my paralegal,

544
00:26:03.560 --> 00:26:05.560
can you just overlook this thing for Jennifer?

545
00:26:05.560 --> 00:26:06.800
Make sure it's right.

546
00:26:06.800 --> 00:26:08.520
Give me the final version before you file

547
00:26:08.520 --> 00:26:11.960
so I can look at it quickly and then click the button.

548
00:26:11.960 --> 00:26:15.720
And that for me is exponentially less expensive.

549
00:26:15.720 --> 00:26:19.040
So that's how, if you've never done it before,

550
00:26:19.040 --> 00:26:20.400
definitely get a lawyer involved.

551
00:26:20.400 --> 00:26:21.600
You have to get a lawyer involved.

552
00:26:21.600 --> 00:26:24.360
Don't try this on your own because if you try it,

553
00:26:24.640 --> 00:26:25.480
can you?

554
00:26:25.480 --> 00:26:26.320
Yeah, you can.

555
00:26:26.320 --> 00:26:28.920
But if you do it wrong, you can't fix it.

556
00:26:28.920 --> 00:26:31.520
So you essentially just wasted that money.

557
00:26:31.520 --> 00:26:34.200
So what I would do is get all the work done

558
00:26:34.200 --> 00:26:36.880
that I'm talking about, give it to them and say,

559
00:26:36.880 --> 00:26:37.720
this is my budget.

560
00:26:37.720 --> 00:26:40.760
I've got 300 bucks to put towards this

561
00:26:40.760 --> 00:26:43.640
for you to review it and to file it or 400 bucks,

562
00:26:43.640 --> 00:26:45.160
like let them know.

563
00:26:45.160 --> 00:26:46.680
And then they tell you if they can do it.

564
00:26:46.680 --> 00:26:48.040
And then they review it and they're like,

565
00:26:48.040 --> 00:26:49.400
oh yeah, this is pretty darn good.

566
00:26:49.400 --> 00:26:52.840
I don't know how you got all this stuff together,

567
00:26:52.840 --> 00:26:53.920
but kudos.

568
00:26:53.920 --> 00:26:55.200
All right, cool.

569
00:26:55.200 --> 00:26:56.960
Paralegal, go ahead and file it.

570
00:26:56.960 --> 00:26:57.800
And you're done.

571
00:26:58.720 --> 00:26:59.560
Go ahead, John.

572
00:26:59.560 --> 00:27:01.160
I guess I was asking because I thought

573
00:27:01.160 --> 00:27:02.600
somewhere in the challenge you had said

574
00:27:02.600 --> 00:27:04.840
like that this is something we could do for ourselves

575
00:27:04.840 --> 00:27:07.280
or even for our clients.

576
00:27:07.280 --> 00:27:09.680
But then this is what you were saying now today.

577
00:27:09.680 --> 00:27:12.880
I'm like, I'm still not sure that really makes a lot

578
00:27:12.880 --> 00:27:15.880
of sense for me to be doing that on behalf

579
00:27:15.880 --> 00:27:18.800
of my, like a consulting client or something.

580
00:27:18.800 --> 00:27:20.400
Yeah, Miguel's face kind of says it all.

581
00:27:20.400 --> 00:27:21.800
I would say you are, no.

582
00:27:21.800 --> 00:27:24.880
I would say you can advise them.

583
00:27:24.880 --> 00:27:26.280
I don't recall him saying that.

584
00:27:26.280 --> 00:27:28.600
Yeah, I've never said you do it for your clients.

585
00:27:28.600 --> 00:27:30.920
I said, you can explain the process to your clients.

586
00:27:30.920 --> 00:27:34.720
You should never be filing legal documents for anybody.

587
00:27:35.640 --> 00:27:37.960
There's no way in the world you should be doing that.

588
00:27:37.960 --> 00:27:39.960
You know, you can understand the process.

589
00:27:39.960 --> 00:27:42.920
So you can say to them when they're thinking,

590
00:27:43.920 --> 00:27:45.680
man, I don't know anything about trademarks.

591
00:27:45.680 --> 00:27:47.240
You can actually speak the lingo.

592
00:27:47.240 --> 00:27:50.720
Like I know Rowena does and I know other people do here.

593
00:27:50.720 --> 00:27:53.800
And so they bring incredible value to those conversations.

594
00:27:53.800 --> 00:27:56.640
They'll say to people, somebody will say,

595
00:27:56.640 --> 00:27:58.560
well, I want to file a trademark application now.

596
00:27:58.560 --> 00:28:02.040
And they'll say, okay, well, have you been using it?

597
00:28:02.040 --> 00:28:04.280
And the person will say, no, I haven't used it.

598
00:28:04.280 --> 00:28:06.720
And so that's why I can't file a trademark application.

599
00:28:06.720 --> 00:28:07.720
Now, what does Rowena say?

600
00:28:07.720 --> 00:28:09.880
She says, well, actually there's an intent

601
00:28:09.880 --> 00:28:11.360
to use application access.

602
00:28:11.360 --> 00:28:13.440
And the person goes, what?

603
00:28:13.440 --> 00:28:16.040
Ka-ching, you just brought so much value

604
00:28:16.040 --> 00:28:18.240
because so many people don't know,

605
00:28:18.240 --> 00:28:20.640
have a clue what you're talking about.

606
00:28:21.040 --> 00:28:23.080
But there's no way in the world

607
00:28:23.080 --> 00:28:25.560
you should ever be filing a legal document

608
00:28:25.560 --> 00:28:28.040
on behalf of people that you work with.

609
00:28:28.040 --> 00:28:29.320
I wouldn't do that.

610
00:28:29.320 --> 00:28:30.760
Okay, I just want to double check.

611
00:28:30.760 --> 00:28:33.760
Cause I was like, so obviously I misunderstood

612
00:28:33.760 --> 00:28:35.160
something that was said in the challenge

613
00:28:35.160 --> 00:28:37.960
about what we can and should be doing.

614
00:28:37.960 --> 00:28:41.160
Issue spotting is one thing that I totally get.

615
00:28:41.160 --> 00:28:42.000
Some more I thought people were like,

616
00:28:42.000 --> 00:28:43.920
no, you could do this on your own.

617
00:28:43.920 --> 00:28:45.560
And that's where I'm like, even for myself-

618
00:28:45.560 --> 00:28:46.880
Yeah, you can file your own.

619
00:28:46.880 --> 00:28:49.360
You can by all means file your own application

620
00:28:49.360 --> 00:28:50.320
if you're comfortable with it.

621
00:28:51.000 --> 00:28:52.720
Like if you've worked with a lawyer once or twice,

622
00:28:52.720 --> 00:28:54.200
this is not difficult.

623
00:28:54.200 --> 00:28:57.240
This is not a tough thing to do.

624
00:28:57.240 --> 00:28:59.480
You know, I mean, I've filed many application

625
00:28:59.480 --> 00:29:03.160
on my own behalf, but you should not.

626
00:29:03.160 --> 00:29:05.880
I mean, I don't think anybody here who has never done this

627
00:29:05.880 --> 00:29:09.000
should ever file their own application on their own.

628
00:29:09.000 --> 00:29:11.960
You know, what I would do is I would get everything together

629
00:29:11.960 --> 00:29:14.320
get it to your lawyer, which decreases your cost

630
00:29:14.320 --> 00:29:17.920
by probably 75%.

631
00:29:17.920 --> 00:29:19.720
So now you're giving it to your lawyer

632
00:29:20.360 --> 00:29:21.800
and when your lawyer says,

633
00:29:21.800 --> 00:29:23.000
well, we charge a flat fee

634
00:29:23.000 --> 00:29:24.520
for filing trademark applications.

635
00:29:24.520 --> 00:29:27.960
You say, well, yeah, but I've done all the work for you.

636
00:29:27.960 --> 00:29:29.360
And they say, yeah, sure.

637
00:29:29.360 --> 00:29:30.560
I've heard that before.

638
00:29:30.560 --> 00:29:32.760
And say, no, take a look at what I'm giving you.

639
00:29:32.760 --> 00:29:34.560
I know what I'm doing here.

640
00:29:34.560 --> 00:29:35.760
And when you give it to them,

641
00:29:35.760 --> 00:29:37.520
they should look at it and go, well, okay.

642
00:29:37.520 --> 00:29:38.960
Yeah, there's the international class.

643
00:29:38.960 --> 00:29:40.360
There's the specimen.

644
00:29:40.360 --> 00:29:42.480
There's the recitation of goods and services.

645
00:29:42.480 --> 00:29:44.480
You know, yeah, that's pretty darn good.

646
00:29:44.480 --> 00:29:48.920
Yeah, we can do that for 500 bucks instead of 1200.

647
00:29:49.200 --> 00:29:53.800
So that's the difference, but you should not,

648
00:29:53.800 --> 00:29:55.120
I wouldn't, if I were you,

649
00:29:55.120 --> 00:29:56.560
the first time I do something like this

650
00:29:56.560 --> 00:29:57.400
I wouldn't do it on my own.

651
00:29:57.400 --> 00:30:00.000
Cause like I said, from day one, if you do it wrong.

652
00:30:00.000 --> 00:30:06.560
these things you can't fix. Yeah. So quick observation about what you said a minute ago

653
00:30:06.560 --> 00:30:11.440
when you're talking about the crown logo and the word divine justice in the middle of it and

654
00:30:11.440 --> 00:30:15.120
to show you were talking about right you can file them together but the proof of words

655
00:30:15.680 --> 00:30:19.680
so you'd have to show like you were saying how you would use the word separately but if I just

656
00:30:19.680 --> 00:30:24.400
even on my website if I say here at divine justice we serve our clients by doing the blah blah blah

657
00:30:24.400 --> 00:30:29.520
then I've used the words just divine justice it would not have the little logo in it because it's

658
00:30:29.520 --> 00:30:36.400
just in text in my in a paragraph is that not a specimen of how you would be not really

659
00:30:36.400 --> 00:30:42.640
separately you need to use it like a trademark right so what you did was you kind of talked

660
00:30:42.640 --> 00:30:46.640
about your corporation you said here at divine justice blah blah blah blah blah so you're just

661
00:30:46.640 --> 00:30:51.360
saying here at my company blah blah blah blah blah the way you should be using a trademark is

662
00:30:51.360 --> 00:31:01.280
divine justice circle r or tm like it should be somewhere utilized now have I had situations where

663
00:31:01.280 --> 00:31:06.240
I've done what you're talking about in the taxes there somewhere yeah and sometimes it works but

664
00:31:06.240 --> 00:31:10.640
trademarks the way they're supposed to be used is as an identification as to a source of goods when

665
00:31:10.640 --> 00:31:19.200
so when somebody sees the name crystal geyser geyser crystal geyser they're like oh I know

666
00:31:19.200 --> 00:31:25.120
that quality of water is not very good it's not the same as Fiji water you know it's it's not it's

667
00:31:25.120 --> 00:31:31.840
not that kind of quality it probably costs like 90 bucks I mean 90 bucks yeah 90 cents versus like

668
00:31:31.840 --> 00:31:37.280
four bucks for a bottle of water like those are the things that come to mind that's the goodwill

669
00:31:37.280 --> 00:31:42.720
associated with it so if it's said all the way down here in the little tiny tiny text

670
00:31:43.360 --> 00:31:48.800
here at crystal geyser we care about your quality of water that's not really identification a source

671
00:31:48.800 --> 00:31:55.360
of goods boom right in your face that's an identification as a source of goods so you should

672
00:31:56.480 --> 00:32:00.400
the words is is separate that's why I was trying to understand I totally understand what you're

673
00:32:00.400 --> 00:32:05.200
saying about the logo and the words and the use of the trademark that I get I was just trying to

674
00:32:05.200 --> 00:32:10.240
think of example where you were saying like using the word separately and that's why I was asking if

675
00:32:10.240 --> 00:32:15.920
putting it in that is how it works yeah I would keep it for your specimens what I would do is I

676
00:32:15.920 --> 00:32:23.760
would try to find an example where the words are separate like that they stand alone right Nike or

677
00:32:23.760 --> 00:32:30.640
the swoosh or Microsoft or Office or Excel it stands alone but if you have it in a long paragraph

678
00:32:30.640 --> 00:32:34.160
it's very hard to argue that that's an identification as to a source of goods because

679
00:32:34.160 --> 00:32:40.560
you're just talking about something okay got it trademarks should stand alone okay got it Miguel

680
00:32:40.560 --> 00:32:46.080
go ahead I'm gonna jump to you go ahead yeah real quick on this same subject um so I just

681
00:32:46.080 --> 00:32:50.560
went through this myself right on this trademark thing as you know I asked the question last time

682
00:32:50.560 --> 00:32:58.160
and I found my first trademark so come on amazing so that is awesome bro man it was uh it was not

683
00:32:58.160 --> 00:33:04.160
easy thank you I watched that that video you know the the VIP trademark video of course and uh even

684
00:33:04.160 --> 00:33:08.000
the signature at the end with the slashes I missed it thanks god I watched that video you got to put

685
00:33:08.000 --> 00:33:13.920
the slashes again so I had hired an attorney before for another trademark disclaimer right

686
00:33:13.920 --> 00:33:19.040
and I had gone through that process and the description which was much more vague than what

687
00:33:19.040 --> 00:33:24.880
I used on my description for this trademark it was a 1b I ended up doing the 1b and the way as

688
00:33:24.880 --> 00:33:29.840
a business owner that I did this honestly you know for those here it was a risk analysis for me it

689
00:33:29.840 --> 00:33:37.120
was a risk analysis right for me you know filing a 1b you know before actually using it

690
00:33:37.840 --> 00:33:43.280
and then doing the paper later on was was worth it for me rather than waiting to use the 1a

691
00:33:43.280 --> 00:33:48.080
because I don't I don't want to fight legally someone who steals it and then has no integrity

692
00:33:48.080 --> 00:33:52.400
especially in this influencer business that we're in with people from all over the world makes sense

693
00:33:52.400 --> 00:33:59.200
so I did the 1b application then and then uh just filed it my question for you Pete though on that

694
00:33:59.840 --> 00:34:05.120
in my risk analysis I said hey if the USPTO gets back at me first of all this is a school for me

695
00:34:05.120 --> 00:34:09.520
because the good lawyer speed I don't know your experience but they they charge 1100 bucks you

696
00:34:09.520 --> 00:34:15.920
know to oh yeah file it you cannot come with this type of work pre-done and then like it's not worth

697
00:34:15.920 --> 00:34:20.400
their time makes sense good lawyers I don't know if you do it but like you don't just take like oh

698
00:34:20.400 --> 00:34:24.080
let me just file it for you and it'll be 300 bucks like they don't even talk to you the good

699
00:34:24.080 --> 00:34:29.199
ones at least right that I've talked to it's like 1100 fee and then they talk to you on the phone

700
00:34:29.199 --> 00:34:37.040
right kind of a thing it depends I mean I do I do because the reason why I would do that is

701
00:34:37.040 --> 00:34:44.000
because I have a heart for startups for people that are like learning like I'm I'm a professor

702
00:34:44.000 --> 00:34:50.880
like I do this like I care about seeing people grow like there was a gentleman um guys this was

703
00:34:50.880 --> 00:34:55.760
a long time ago but he started up a company signal quest didn't have enough money for it for filing a

704
00:34:55.760 --> 00:35:00.320
patent application uh so I told him you know what I'll work with you

705
00:35:00.000 --> 00:35:05.040
I cut his bill by half. He became one of my biggest clients ever. We sued a Taiwanese

706
00:35:05.600 --> 00:35:10.960
manufacturer, took them down with three patents that I worked on that were my patents.

707
00:35:10.960 --> 00:35:16.080
So I was defending my own patents in Massachusetts federal district court and we won.

708
00:35:16.720 --> 00:35:20.640
And the court was like, these patents are great. And I'm like, yeah, I wish I knew who wrote them.

709
00:35:20.640 --> 00:35:24.640
You know, it's kind of like, you know, so it was just, it was an incredible experience,

710
00:35:24.640 --> 00:35:30.080
but I have that passion to kind of help people out. And there's solo practitioners who are

711
00:35:30.080 --> 00:35:34.480
going to do it because they want to gain the work anyway. So if you're, if you're saying,

712
00:35:34.480 --> 00:35:39.440
look, I want to work with Fish and Richardson or I want to work with Wilmer Hale, they're not

713
00:35:39.440 --> 00:35:44.880
going to even talk to you. Right. I mean, then I chose like a boutique, you know, good firm in

714
00:35:44.880 --> 00:35:49.040
Georgia, for example. Right. Yeah. Well, there's, there are good firms. Like, I mean, I used to

715
00:35:49.040 --> 00:35:53.360
work in Georgia, right. I was with Thomas Cade and Horstmeyer and Risley way back in the day.

716
00:35:53.360 --> 00:35:58.480
Now I think it's called Thomas Horstmeyer, which is an IP boutique out there in the gallery more

717
00:35:58.480 --> 00:36:03.120
area. Really good lawyers. I'm in Florida now. So I'll reach out to you. So to connect with someone,

718
00:36:03.120 --> 00:36:06.640
you know, who could do that. Right. You know what I mean? Like, yeah, sure. Because that'll be,

719
00:36:06.640 --> 00:36:10.960
that'll be useful. Like I can prepackage and then having still file for me. It was like,

720
00:36:10.960 --> 00:36:15.520
you know what, it's worth the risk. Why my question here for you is if I do hear back from

721
00:36:15.520 --> 00:36:21.200
the USPTO, Hey, your description is too broad, for example, right. On your trademark, the 41,

722
00:36:21.200 --> 00:36:25.120
by the way, it was a great exercise. Just entering that data, finding the class, like

723
00:36:25.120 --> 00:36:29.360
it's a skill it's worth for me even throwing away the money. It makes sense because it was a good,

724
00:36:29.360 --> 00:36:34.960
it was a good exercise for me personally doing the whole thing. But if I do hear back from them,

725
00:36:34.960 --> 00:36:39.040
okay. If we do hear back, those of us that are bold, you know, and are doing many of these,

726
00:36:39.040 --> 00:36:45.200
if we do hear back from them and we do want to involve the lawyer to help us respond, right.

727
00:36:46.160 --> 00:36:50.880
To rectify that was my rationale. Like I'll just bring him in and then help me respond. If that

728
00:36:50.880 --> 00:36:55.440
were a risk, I'm most willing to take that risk. Right. So is that something that lawyers come in

729
00:36:55.440 --> 00:37:01.520
and help you respond? Oh, sure. Yeah. And if you do it really, if you, if your original filing was

730
00:37:01.520 --> 00:37:05.840
quite poor, they'll make fun of you in the process too. Yeah. It won't be because I benchmark and I,

731
00:37:05.840 --> 00:37:11.120
and I learned from you and I have done one before my lawyer got approved such a big,

732
00:37:11.840 --> 00:37:16.720
you know what I mean? Description like broad, like two sentences, class 41,

733
00:37:16.800 --> 00:37:21.280
like the USP to approve that. Like I'll do, I'll add a little bit more and I'll get it.

734
00:37:22.240 --> 00:37:27.040
It's really like, you know, it's like, you can go to a mechanic who understands a textbook or you

735
00:37:27.040 --> 00:37:31.680
can go to a mechanic who's been doing it a long time and they just hear the issue and they know,

736
00:37:31.680 --> 00:37:36.160
they know exactly what's wrong. Right. The other guy's looking at a textbook and going, hold it.

737
00:37:36.160 --> 00:37:41.120
This is connected to that, which might be the other person is like, oh, I know that sound that's

738
00:37:41.120 --> 00:37:46.240
this. So it's, that's the kind of thing that you're dealing with. So what I would say, Miguel is

739
00:37:46.320 --> 00:37:50.160
yeah. You know, you, you, you took a chance and did it on your own. Didn't involve a lawyer,

740
00:37:50.160 --> 00:37:55.440
you know, the lawyer to do the, I forgot to say that I had already had him do the knockout

741
00:37:55.440 --> 00:38:01.280
clearance search for me. I think that's worth maybe doing because you, they know better than

742
00:38:01.280 --> 00:38:06.560
you were to look and write. Absolutely. So I disclaimer, I had done that already for that

743
00:38:06.560 --> 00:38:11.120
trademark. I just completed the steps as we did it with the class and the description makes sense.

744
00:38:11.360 --> 00:38:16.720
That's the part that I did. Yeah, sure. You're back from them though. Then what is that process?

745
00:38:16.720 --> 00:38:20.480
You can just, for those that are here, it's called an office action. It's called an office action.

746
00:38:20.480 --> 00:38:26.240
So at that point where you would do is just call up an attorney and say, I'm just making sure nobody

747
00:38:26.240 --> 00:38:30.640
else has jumped in in the meantime. Okay. So then I would just call up an attorney and say, Hey,

748
00:38:30.640 --> 00:38:35.760
I got an office action on a trademark application. If all I could use some help, that's it. Okay.

749
00:38:35.760 --> 00:38:40.640
That's it. And they'll review it right now in Florida. I'll talk to you and then, Hey,

750
00:38:40.960 --> 00:38:45.360
yeah. And your lawyers, honestly, the location of your lawyer does not matter when it comes

751
00:38:45.360 --> 00:38:50.960
to federal things. Cause it's federal. He did. Oh, wow. It does not matter. Um, so if you have

752
00:38:50.960 --> 00:38:58.160
a great lawyer in Texas or in like California or wherever it is, it doesn't matter. So do not

753
00:38:58.160 --> 00:39:05.520
don't limit yourself in when you're dealing with federal matters, patents, trademarks, you know,

754
00:39:05.520 --> 00:39:10.320
don't limit yourself based on where the lawyer's located. I can just use you as what you're saying.

755
00:39:10.320 --> 00:39:15.520
If you want to, you know, I did not know that I was, yeah, you can do whatever myself too. Yeah.

756
00:39:15.520 --> 00:39:20.720
Okay. Yeah. And that's, that's a, that's an, that's a, um, common misconception when it

757
00:39:20.720 --> 00:39:25.280
comes to legal services. Now, when you're dealing with state law, totally different.

758
00:39:26.000 --> 00:39:29.840
State law is totally different. You need a state attorney. You need an attorney who

759
00:39:29.840 --> 00:39:34.960
understands local ordinances and enforcement, but when you're in the federal jurisdiction stuff,

760
00:39:35.920 --> 00:39:42.880
nobody cares. I have, I have clients that are in, you know, Germany, China, Indonesia,

761
00:39:42.880 --> 00:39:48.400
not Indonesia, Malaysia, like, you know, all over the world and even in the United States. And

762
00:39:48.400 --> 00:39:53.520
some of them I've never even seen. I have clients in Israel that I've never even seen their face,

763
00:39:53.520 --> 00:39:58.160
except in a Google zoom video. And so they don't care. They just say, I want the quality.

764
00:39:58.160 --> 00:39:59.600
I want to work with the guy. That's it.

765
00:40:00.000 --> 00:40:17.000
So, but the second you step into the state area. So if you're going to sue somebody for trademark infringement. Now you've got to look at common law enforcement which involves some tort issues which involves state issues so you should speak to a lawyer in your state.

766
00:40:17.000 --> 00:40:31.000
Makes sense. So I just want to do a quick summary before I get to the next question, and go start going through stuff. So a few things I love I absolutely love that we're touching based on this on day one, this is really important.

767
00:40:31.000 --> 00:40:40.000
What things should a lawyer be doing and what things should you be doing that really is an awesome question. And this is something that.

768
00:40:40.000 --> 00:40:54.000
Remember, if you're doing a trademark search, you learn how to do a trademark search, just to do that very top top top level review so if you have like 10 trademarks, and you do a quick search on your own and you're knocking out seven of them guess what

769
00:40:54.000 --> 00:41:00.000
you didn't pay a lawyer for 10 searches. You're paying a lawyer for three.

770
00:41:00.000 --> 00:41:11.000
Big difference, big, big difference. So if you're doing that top level search and you're saying oh man, there's the word that I have, and oh my gosh that's the same international class.

771
00:41:11.000 --> 00:41:25.000
And oh my gosh, the recitation of services very similar. Now you can look at your other trademarks and say, maybe I should go for one of these instead of that one because that one seemed pretty obvious that it's a problem.

772
00:41:25.000 --> 00:41:39.000
And if you can present that problem to the attorney as well. That's up to you, but if you're going after 10 things I would rather bring to an attorney the things that have the highest chance of allowance, as opposed to everything.

773
00:41:39.000 --> 00:41:50.000
You know, it's kind of like that example that I always give you going to the, you know, the, the auto mechanic and saying something's wrong my car, versus saying something's wrong in my muffler.

774
00:41:50.000 --> 00:42:02.000
And I know because it's this chinking noise. And I know when I hit the accelerator this happens. And so can you please look at my muffler. That's a very different because what happens now you know oh my mufflers on the warranty.

775
00:42:02.000 --> 00:42:08.000
Oh, that's covered by this. Oh, it's like, you know, the more knowledge you have the better.

776
00:42:08.000 --> 00:42:18.000
But by all means you don't want to be fully relying upon your own trademark search, when you file a trademark application because you're not an expert in the field.

777
00:42:18.000 --> 00:42:33.000
So use this user search to bring it down. So instead of searching 10 things you're searching three. Now you take those three you go to your lawyer, and you say hey and let's say for example, one of those 10 you were really in love with.

778
00:42:33.000 --> 00:42:48.000
Right. But it really, you found a mark that was right on point. So you're saying, gosh, that's right on point but I really love this one then bring that one to your lawyer, I mean, if that's the case, you know if you really really love that name, but you

779
00:42:48.000 --> 00:42:57.000
knocked it out, then go to your lawyer and say hey, I really like this name I did a quick search, it looks like it's dead. Can you look real quick and confirm that it's dead.

780
00:42:58.000 --> 00:43:05.000
Right. But what we're doing is we're decreasing the issues, so that's in the search area. Now what about trademark applications.

781
00:43:05.000 --> 00:43:17.000
You know the material that's needed for a trademark application. So you can put that stuff together and get it to an attorney which is going to decrease the amount of time that the attorney is going to spend on your application.

782
00:43:17.000 --> 00:43:32.000
So if you become savvy over some time, who's doing like 90% of my trademark applications my paralegals. They're not lawyers, like they just do this they do it so much they're so good at it they just keep doing they learn the lingo they've been doing it

783
00:43:32.000 --> 00:43:44.000
for a while. So, you know, on your first or second one involve the lawyer involve the lawyer, you know, but if you start getting really savvy and I'll do what you feel like you need to do I'm not giving you a legal advice in that area.

784
00:43:44.000 --> 00:43:55.000
Everybody's here, here is mature and can make their own decision on these things. But what I am saying is as you start out, I would involve a lawyer. So you become familiar with the situation.

785
00:43:55.000 --> 00:43:57.000
And here's the thing.

786
00:43:57.000 --> 00:44:03.000
If when you're working with your lawyer you come up with the recitation of goods and services that works.

787
00:44:03.000 --> 00:44:08.000
And all of your other trademarks are going to have the exact same recitation of services.

788
00:44:09.000 --> 00:44:27.000
I mean hello like you've you've, it's kind of like, it's kind of like if you want to prepare a letter to go to another party to introduce your product, you hired a lawyer to do it the first time, and then you're tweaking the thing right so now you're not you're

789
00:44:27.000 --> 00:44:41.000
hiring a new lawyer to do it all over your you're saying all right here's my finalized letter, you remember you drafted the first one right so you don't need to charge me for reviewing this whole thing, beginning to end right like so here.

790
00:44:41.000 --> 00:44:47.000
Can you take a look at what I did for tweaking it. The bill should be exponentially lower.

791
00:44:47.000 --> 00:44:54.000
If you're getting charged the same $2,500 that it costs for a first draft.

792
00:44:54.000 --> 00:44:57.000
If you're just tweaking the name of the party.

793
00:44:57.000 --> 00:45:00.000
Something's wrong you need to get a new lawyer. I'm sorry.

794
00:45:00.000 --> 00:45:00.840
What's wrong with that?

795
00:45:00.840 --> 00:45:02.640
John's been like itching to say something.

796
00:45:02.640 --> 00:45:03.840
John, go ahead, brother.

797
00:45:06.280 --> 00:45:08.080
Yeah, I think you answered most,

798
00:45:08.080 --> 00:45:10.280
my questions were about the application.

799
00:45:10.280 --> 00:45:13.200
So since the, I have gone through and you know,

800
00:45:13.200 --> 00:45:17.120
this is my logo, it's my name, I've got slogans.

801
00:45:17.120 --> 00:45:20.040
So I've been in doing my own kind of knockout search

802
00:45:20.040 --> 00:45:21.480
and looking for certain things.

803
00:45:21.480 --> 00:45:23.960
And so here's an example.

804
00:45:23.960 --> 00:45:25.840
I came up with the word cookies.

805
00:45:25.840 --> 00:45:26.920
Let's see, where did I put that?

806
00:45:26.920 --> 00:45:29.720
Cookies in the description of the mark

807
00:45:30.720 --> 00:45:32.480
and O30 is goods and services.

808
00:45:32.480 --> 00:45:35.080
Cause that's really where the food is, okay?

809
00:45:35.080 --> 00:45:38.040
I had 1,009 items come up.

810
00:45:38.040 --> 00:45:39.080
Wow.

811
00:45:39.080 --> 00:45:42.680
And so what I was doing is I was looking at those

812
00:45:42.680 --> 00:45:45.760
and I've gone through 200 of them so far.

813
00:45:45.760 --> 00:45:47.360
Just click on it, look at it.

814
00:45:47.360 --> 00:45:49.200
Nope, nope, nope, nope, nope, nope.

815
00:45:49.200 --> 00:45:52.120
Go through this with the hope of saying,

816
00:45:53.840 --> 00:45:56.560
does the lawyer have a better way of doing that,

817
00:45:56.560 --> 00:45:59.400
a faster way or is there just gonna do the same sorting

818
00:46:00.080 --> 00:46:00.920
and clicking that I'm doing?

819
00:46:00.920 --> 00:46:03.200
Cause here's where I wanna get to is,

820
00:46:03.200 --> 00:46:04.920
this is the name of our company.

821
00:46:04.920 --> 00:46:08.480
And I wanna identify any of those marks that use,

822
00:46:08.480 --> 00:46:10.920
you know, yummylicious or cookie company

823
00:46:10.920 --> 00:46:14.960
or the yin and yang style logo.

824
00:46:14.960 --> 00:46:18.120
And I just wanna say, here's my top five.

825
00:46:18.120 --> 00:46:18.960
Look at those.

826
00:46:18.960 --> 00:46:21.560
Is that really what, I mean,

827
00:46:21.560 --> 00:46:23.160
that's what I hear you saying we should be doing,

828
00:46:23.160 --> 00:46:25.760
doing as much homework as we can

829
00:46:25.760 --> 00:46:28.160
and then giving this package to them and saying,

830
00:46:28.240 --> 00:46:29.200
file this for me.

831
00:46:30.080 --> 00:46:31.800
Yeah, that's what I would be doing.

832
00:46:31.800 --> 00:46:34.840
As much homework as you can and then doing that.

833
00:46:34.840 --> 00:46:36.600
What I would say, give me one second

834
00:46:36.600 --> 00:46:38.680
because of the oil issue.

835
00:46:38.680 --> 00:46:39.760
Hold on one second, guys.

836
00:46:39.760 --> 00:46:40.760
I gotta mute this.

837
00:46:40.760 --> 00:46:42.960
This might be the oil delivery.

838
00:46:42.960 --> 00:46:44.560
John, make sure that you get a lawyer

839
00:46:44.560 --> 00:46:48.000
who actually honors that work, remember?

840
00:46:48.000 --> 00:46:49.720
Cause many out there don't.

841
00:46:49.720 --> 00:46:51.440
It's like a flat, you know,

842
00:46:51.440 --> 00:46:53.480
copywriting is this, make sense?

843
00:46:53.480 --> 00:46:54.320
Right.

844
00:46:54.320 --> 00:46:56.080
Yeah, so for those of you that don't know,

845
00:46:56.120 --> 00:46:59.720
we woke up to a house that was like 50 degrees,

846
00:46:59.720 --> 00:47:02.120
55 degrees, cause there's no propane.

847
00:47:02.120 --> 00:47:05.160
So, that was the delivery thing.

848
00:47:05.160 --> 00:47:07.360
So yeah, so John,

849
00:47:09.040 --> 00:47:11.280
to answer your question,

850
00:47:11.280 --> 00:47:14.560
first of all, there's different types of searches.

851
00:47:14.560 --> 00:47:15.400
Okay.

852
00:47:15.400 --> 00:47:16.840
So you just moved down there.

853
00:47:16.840 --> 00:47:18.000
So now you gotta look down there.

854
00:47:18.000 --> 00:47:18.840
So let's see.

855
00:47:18.840 --> 00:47:19.680
Oh, sorry.

856
00:47:19.680 --> 00:47:21.000
I'll put my hand up.

857
00:47:21.000 --> 00:47:22.560
Now you moved up to, all right.

858
00:47:22.560 --> 00:47:23.400
All right.

859
00:47:23.400 --> 00:47:24.240
You can't keep doing that.

860
00:47:24.240 --> 00:47:26.600
You're gonna get dizzy in the videos, bro.

861
00:47:26.600 --> 00:47:27.440
I'll stop.

862
00:47:27.440 --> 00:47:28.760
No more touching.

863
00:47:30.200 --> 00:47:32.280
So there's gonna have to be a disclaimer,

864
00:47:32.280 --> 00:47:35.640
like any, what is it like they have on the rides?

865
00:47:35.640 --> 00:47:38.640
You know, no raising and lowering hand during presentations.

866
00:47:40.040 --> 00:47:44.680
So lawyers, when they do searches, this is how they do it.

867
00:47:44.680 --> 00:47:46.520
They'll have, there's different types of searches.

868
00:47:46.520 --> 00:47:48.040
There's a Thompson Thompson search,

869
00:47:48.040 --> 00:47:50.240
which is a third party, which is outstanding.

870
00:47:50.240 --> 00:47:52.600
I've given everybody the link to that.

871
00:47:53.440 --> 00:47:54.760
You can hire them.

872
00:47:54.760 --> 00:47:58.120
They are the best of the best of the best.

873
00:47:58.120 --> 00:48:00.280
They are like, if you have your final trademark

874
00:48:00.280 --> 00:48:04.200
and you wanna be sure that it is something you can own,

875
00:48:04.200 --> 00:48:07.720
not only by federal, but by state and by common law

876
00:48:07.720 --> 00:48:11.800
and by corporate names and by website, domain names,

877
00:48:11.800 --> 00:48:12.640
they do it all.

878
00:48:12.640 --> 00:48:14.480
They are incredible.

879
00:48:14.480 --> 00:48:15.320
All right.

880
00:48:15.320 --> 00:48:16.160
I use them.

881
00:48:16.160 --> 00:48:17.560
I use them for every,

882
00:48:17.560 --> 00:48:20.160
when I get to that final point of a trademark

883
00:48:20.160 --> 00:48:21.440
that I think is ready to go,

884
00:48:21.440 --> 00:48:24.920
I'll hire them to make sure that there's nothing left.

885
00:48:24.920 --> 00:48:26.840
You know, it's kind of like that last inspection

886
00:48:26.840 --> 00:48:28.440
before you buy the house.

887
00:48:28.440 --> 00:48:30.160
That's essentially what they do.

888
00:48:30.160 --> 00:48:32.040
I mean, I cannot give them enough credit.

889
00:48:32.040 --> 00:48:33.880
Outstanding, outstanding outfit.

890
00:48:33.880 --> 00:48:36.960
So, but they're gonna cost you.

891
00:48:36.960 --> 00:48:38.240
Like they cost a lot of money.

892
00:48:38.240 --> 00:48:39.880
I don't know, it's like 700, 800 bucks.

893
00:48:39.880 --> 00:48:42.760
I mean, it's pretty expensive to use them, right?

894
00:48:42.760 --> 00:48:44.280
But that's essentially the name

895
00:48:44.280 --> 00:48:46.960
you're gonna be going forward with for all time.

896
00:48:46.960 --> 00:48:48.960
So I would use them when you're ready.

897
00:48:48.960 --> 00:48:49.800
All right.

898
00:48:49.800 --> 00:48:54.280
Now, lawyers will sometimes use a service called Sages.

899
00:48:54.280 --> 00:48:56.640
It's S-A-E-G-I-S.

900
00:48:56.640 --> 00:48:58.960
I think that's how you spell it.

901
00:48:58.960 --> 00:49:01.840
So Sages is a,

902
00:49:01.840 --> 00:49:05.000
it's kind of like a search service

903
00:49:05.000 --> 00:49:06.240
similar to what you're talking about,

904
00:49:06.240 --> 00:49:08.680
where you type in a word and then you look at the results

905
00:49:08.680 --> 00:49:10.320
and you go one by one by one.

906
00:49:10.320 --> 00:49:12.120
But lawyers have been doing this for a while.

907
00:49:12.120 --> 00:49:14.920
And quite frankly, it's usually their paralegals,

908
00:49:14.920 --> 00:49:16.800
you know, that are doing this

909
00:49:16.800 --> 00:49:19.240
because billing somebody at 1200 bucks an hour

910
00:49:19.240 --> 00:49:21.040
to do a trademark search is prohibitive.

911
00:49:21.040 --> 00:49:22.240
You can't do that.

912
00:49:22.240 --> 00:49:24.800
You know, I mean, you could do it for Coca-Cola,

913
00:49:24.800 --> 00:49:26.520
but you can't do it for most people.

914
00:49:26.520 --> 00:49:30.680
And so what they do is they do a search

915
00:49:30.680 --> 00:49:32.520
and then they look for a phonetic equivalence,

916
00:49:32.520 --> 00:49:34.760
but they use other criteria.

917
00:49:34.760 --> 00:49:36.720
Like they'll add, you know,

918
00:49:36.720 --> 00:49:38.560
I actually went through for you

919
00:49:39.440 --> 00:49:41.680
using two fields in a search, right?

920
00:49:41.680 --> 00:49:44.200
So the first field and the second field

921
00:49:44.200 --> 00:49:46.200
instead of or use the and.

922
00:49:46.240 --> 00:49:48.160
So they'll narrow it down.

923
00:49:48.160 --> 00:49:49.840
They won't search for words like cookies

924
00:49:49.840 --> 00:49:52.880
because cookies is kind of descriptive of the goods.

925
00:49:52.880 --> 00:49:53.720
Right?

926
00:49:53.720 --> 00:49:56.000
So it doesn't make a lot of sense.

927
00:49:56.000 --> 00:49:57.560
This is not legal advice, right?

928
00:49:57.560 --> 00:49:58.400
Just to be clear.

929
00:49:58.400 --> 00:49:59.240
I'm just saying,

930
00:49:59.240 --> 00:50:00.080
I'm just saying like.

931
00:50:00.000 --> 00:50:02.040
if your trademark is associated with cars

932
00:50:02.040 --> 00:50:04.520
and it's in the international class for cars,

933
00:50:04.520 --> 00:50:08.040
searching for the word cars doesn't make a lot of sense

934
00:50:08.040 --> 00:50:11.840
because it's descriptive and everybody's gonna be using it.

935
00:50:11.840 --> 00:50:14.640
And so what you wanna do instead

936
00:50:14.640 --> 00:50:17.840
is look for some of the other words, like yummylicious,

937
00:50:17.840 --> 00:50:18.960
you know, and-

938
00:50:18.960 --> 00:50:20.080
Much smaller list.

939
00:50:20.080 --> 00:50:22.480
That's a much tinier, tinier list.

940
00:50:22.480 --> 00:50:26.920
Yeah, because typically, typically,

941
00:50:26.920 --> 00:50:28.080
and as you're starting out,

942
00:50:28.080 --> 00:50:30.680
you're probably not gonna be really good at gauging this.

943
00:50:30.680 --> 00:50:33.600
As you get good at it, you'll be able to gauge it better,

944
00:50:33.600 --> 00:50:36.320
specifically knowing in this international class,

945
00:50:36.320 --> 00:50:38.920
what exactly is something that's descriptive of goods?

946
00:50:38.920 --> 00:50:39.960
What does that mean?

947
00:50:40.880 --> 00:50:45.880
You know, so if I'm in the class associated with shoes,

948
00:50:46.240 --> 00:50:51.240
if I use the word sandal, is that descriptive or is it not?

949
00:50:52.160 --> 00:50:54.560
Or if I use the word cushion,

950
00:50:54.560 --> 00:50:56.320
is that descriptive or is it not?

951
00:50:56.320 --> 00:51:00.240
It's like, so it's understanding that comes with time.

952
00:51:00.240 --> 00:51:01.440
You get to know, okay, yeah,

953
00:51:01.440 --> 00:51:03.280
this is really descriptive or it's not.

954
00:51:03.280 --> 00:51:04.800
What I'm trying to do is give you some ways

955
00:51:04.800 --> 00:51:06.680
to decrease the number of your results

956
00:51:06.680 --> 00:51:08.560
for the knockout search, okay?

957
00:51:08.560 --> 00:51:09.400
Yeah.

958
00:51:09.400 --> 00:51:13.960
So now if I say, okay, well, I am not so concerned

959
00:51:15.160 --> 00:51:20.160
with regard to the broadest term,

960
00:51:20.520 --> 00:51:22.680
I'm just making sure this is not the delivery.

961
00:51:22.680 --> 00:51:23.680
Nope, okay, good.

962
00:51:24.680 --> 00:51:27.000
Since I'm not so concerned with regard to the broadest term,

963
00:51:27.000 --> 00:51:30.120
like the word cookies or the word car or the word door,

964
00:51:30.120 --> 00:51:33.080
you know, like I'm not so concerned about those.

965
00:51:33.080 --> 00:51:34.680
I'm looking for the other things.

966
00:51:34.680 --> 00:51:36.120
That decreases the number.

967
00:51:36.120 --> 00:51:38.760
And now I'm looking for like the word yummylicious.

968
00:51:38.760 --> 00:51:42.600
I can't imagine there's a ton of yummylicious.

969
00:51:42.600 --> 00:51:43.600
There were three.

970
00:51:43.600 --> 00:51:45.480
Okay, well, there you go.

971
00:51:45.480 --> 00:51:46.320
So-

972
00:51:46.320 --> 00:51:48.400
And they weren't ever close to anything

973
00:51:48.400 --> 00:51:50.320
I was using it for, so.

974
00:51:50.320 --> 00:51:52.800
Okay, so that's beneficial, right?

975
00:51:52.880 --> 00:51:54.440
But then you also wanna look, you know,

976
00:51:54.440 --> 00:51:57.480
in your trademark, when you looked up the word cookies

977
00:51:57.480 --> 00:51:59.840
and you got like thousands of results

978
00:51:59.840 --> 00:52:01.240
and you start clicking through,

979
00:52:01.240 --> 00:52:02.400
this is what I do as a lawyer

980
00:52:02.400 --> 00:52:04.360
is I start looking at things and I say,

981
00:52:04.360 --> 00:52:05.200
oh, there's the word cookies.

982
00:52:05.200 --> 00:52:06.360
There it is again, there it is again,

983
00:52:06.360 --> 00:52:07.480
there it is again, there it is again,

984
00:52:07.480 --> 00:52:09.400
again, again, thousands of times.

985
00:52:09.400 --> 00:52:11.280
Clearly nobody owns the word cookies.

986
00:52:12.160 --> 00:52:13.000
Yeah.

987
00:52:13.000 --> 00:52:13.840
Because if one person owned them,

988
00:52:13.840 --> 00:52:15.920
a thousand people couldn't use it.

989
00:52:15.920 --> 00:52:16.760
You see, that's how-

990
00:52:16.760 --> 00:52:17.840
And this was in the mark.

991
00:52:17.840 --> 00:52:19.360
Yeah, and that was in the mark description.

992
00:52:19.360 --> 00:52:20.880
So really what I was trying to get to is-

993
00:52:20.880 --> 00:52:22.960
Oh, okay, that's even different, yeah.

994
00:52:22.960 --> 00:52:25.360
Yeah, so I'm going in there because

995
00:52:25.360 --> 00:52:26.520
that's where I don't think

996
00:52:26.520 --> 00:52:29.200
that's an automated search as much, right?

997
00:52:29.200 --> 00:52:30.800
We can go search for the terms

998
00:52:30.800 --> 00:52:33.080
and like when we were the smart cookie company

999
00:52:33.080 --> 00:52:33.920
the first time,

1000
00:52:33.920 --> 00:52:35.880
I paid for one of those big binder searches,

1001
00:52:35.880 --> 00:52:38.680
900 bucks, thought I was okay,

1002
00:52:38.680 --> 00:52:41.040
and it still didn't get me through there.

1003
00:52:41.040 --> 00:52:43.400
But I was more concerned about marks

1004
00:52:43.400 --> 00:52:45.760
and something that would use something very similar,

1005
00:52:45.760 --> 00:52:49.720
specifically like my two Ys, the way they are like that,

1006
00:52:49.720 --> 00:52:50.560
they kind of look like-

1007
00:52:50.560 --> 00:52:51.440
It's the logo.

1008
00:52:51.440 --> 00:52:53.000
Use Thompson for that.

1009
00:52:53.000 --> 00:52:53.840
Yeah.

1010
00:52:53.840 --> 00:52:54.680
Thompson, okay.

1011
00:52:54.680 --> 00:52:57.520
Use Thompson for that because I'll tell you why.

1012
00:52:57.520 --> 00:53:00.680
Thompson has a separate database for searching logos.

1013
00:53:00.680 --> 00:53:03.240
I showed everybody here a quick knockout way

1014
00:53:03.240 --> 00:53:04.560
to do searches for logos

1015
00:53:04.560 --> 00:53:08.200
by looking up the description word for the logo.

1016
00:53:08.200 --> 00:53:09.640
And so that's in one of the videos.

1017
00:53:09.640 --> 00:53:11.520
So again, if you have like 10 marks

1018
00:53:11.520 --> 00:53:13.040
and you want to bring it down

1019
00:53:13.040 --> 00:53:15.440
and you search like I showed you,

1020
00:53:15.440 --> 00:53:17.760
you might find one that's exactly the same and say,

1021
00:53:17.840 --> 00:53:18.760
okay, that's dead.

1022
00:53:18.760 --> 00:53:20.240
Move on to another one, right?

1023
00:53:20.240 --> 00:53:21.080
Yeah.

1024
00:53:21.080 --> 00:53:23.120
But here's the thing to keep in mind.

1025
00:53:23.120 --> 00:53:26.080
You're balancing time versus money.

1026
00:53:26.080 --> 00:53:26.920
Yes.

1027
00:53:26.920 --> 00:53:27.760
Okay?

1028
00:53:27.760 --> 00:53:28.600
Right.

1029
00:53:28.600 --> 00:53:30.720
So if you spend three hours on this,

1030
00:53:30.720 --> 00:53:32.040
you need to say to yourself,

1031
00:53:32.040 --> 00:53:34.000
okay, is my investment of three hours

1032
00:53:34.000 --> 00:53:37.800
worth the X amount of money that I would have spent

1033
00:53:37.800 --> 00:53:39.440
with a lawyer or with a searching company?

1034
00:53:39.440 --> 00:53:41.600
That's kind of what you need to balance.

1035
00:53:41.600 --> 00:53:42.440
But if you mind-

1036
00:53:42.440 --> 00:53:43.280
It's not.

1037
00:53:43.280 --> 00:53:44.120
Yeah.

1038
00:53:44.120 --> 00:53:46.320
So that's essentially what you need to break down.

1039
00:53:46.320 --> 00:53:47.880
You have to figure out,

1040
00:53:47.880 --> 00:53:49.600
it's always becomes a corporate decision.

1041
00:53:49.600 --> 00:53:50.440
What do I want to do?

1042
00:53:50.440 --> 00:53:52.160
Do I want to hire a third entity

1043
00:53:52.160 --> 00:53:54.960
who's going to charge me 800 bucks and get it done right?

1044
00:53:54.960 --> 00:53:57.960
Well, before I hire that company for 800 bucks,

1045
00:53:57.960 --> 00:54:00.360
I darn well better decrease it from 10 searches

1046
00:54:00.360 --> 00:54:03.280
because otherwise I'm going to be spending $8,000.

1047
00:54:04.480 --> 00:54:06.720
I don't want to spend $8,000 in searches.

1048
00:54:06.720 --> 00:54:08.920
So I use the tool that I learned

1049
00:54:08.920 --> 00:54:11.320
in the Protect Your Idea Challenge

1050
00:54:11.320 --> 00:54:15.080
to decrease it from 10 to two or 10 to three.

1051
00:54:15.080 --> 00:54:16.560
Now I hire Thompson and say,

1052
00:54:16.560 --> 00:54:19.080
hey, look, I've got two or three here.

1053
00:54:19.080 --> 00:54:21.880
Let's go after the first one first, search this one.

1054
00:54:21.880 --> 00:54:23.680
And they come back and they go, that's dead.

1055
00:54:23.680 --> 00:54:25.600
Okay, search the second one.

1056
00:54:25.600 --> 00:54:27.280
Now I'm up to 1600 bucks.

1057
00:54:27.280 --> 00:54:28.920
You know, oh, that one's good.

1058
00:54:28.920 --> 00:54:30.960
Well, do I want to spend the money on the next one?

1059
00:54:30.960 --> 00:54:33.400
Nah, I already spent enough money.

1060
00:54:33.400 --> 00:54:36.080
Let me get my stuff as close to ready as possible

1061
00:54:36.080 --> 00:54:37.800
and give it to my lawyer to file.

1062
00:54:37.800 --> 00:54:39.800
They charge you like 400 bucks

1063
00:54:39.800 --> 00:54:42.920
plus the USPTO 325 or whatever,

1064
00:54:42.920 --> 00:54:44.560
because they got to type in what you've done

1065
00:54:45.000 --> 00:54:46.400
and they're confirming things.

1066
00:54:46.400 --> 00:54:47.320
You're done.

1067
00:54:47.320 --> 00:54:50.560
You know, that's how I would work the system.

1068
00:54:50.560 --> 00:54:53.440
I think that's way more beneficial than,

1069
00:54:53.440 --> 00:54:55.160
you know, hey, Thompson Reuters?

1070
00:54:55.160 --> 00:54:57.560
Yeah, I've got 10 trademarks I want you to search.

1071
00:54:57.560 --> 00:54:59.640
They're like, great.

1072
00:54:59.640 --> 00:55:00.480
That's awesome.

1073
00:55:00.000 --> 00:55:03.600
Awesome. You're, you're in our premium club. Nice to meet you, John.

1074
00:55:05.880 --> 00:55:10.360
Yeah. It's like $8,000, please. You know, it's like, so yeah,

1075
00:55:10.360 --> 00:55:13.240
that's what I'm trying to do is to decrease that. All right.

1076
00:55:14.040 --> 00:55:14.880
That's helpful.

1077
00:55:15.160 --> 00:55:17.920
Yeah, absolutely. Yeah. This, this is, again,

1078
00:55:17.920 --> 00:55:21.200
this is part of what the portal's about is the practical implementation of the

1079
00:55:21.200 --> 00:55:24.160
things you're learning, right? How do you actually do it now?

1080
00:55:24.200 --> 00:55:26.880
You've learned some things at the top level. How do you do it?

1081
00:55:26.920 --> 00:55:29.560
So that's what we're starting to go into here. Oh, there you go.

1082
00:55:29.560 --> 00:55:32.600
There's the link for Thompson Reuters. Yeah, that's awesome. Thank you.

1083
00:55:33.680 --> 00:55:37.440
All right. So with that, let me go into the next topic I was going to cover.

1084
00:55:41.160 --> 00:55:45.160
Okay. Software. Um, maybe I should describe,

1085
00:55:45.200 --> 00:55:47.440
let me go through one more thing before I go into software,

1086
00:55:47.440 --> 00:55:50.560
because there aren't going to be a lot of people here that are dealing with

1087
00:55:50.560 --> 00:55:53.640
software by a show of hands. How many people here are dealing with software?

1088
00:55:55.920 --> 00:55:58.640
Oh, it's more than more than usual. That's good. Okay.

1089
00:55:59.080 --> 00:55:59.760
Like, what do you mean?

1090
00:55:59.760 --> 00:56:02.480
Like we use software or we're developing software,

1091
00:56:02.480 --> 00:56:07.520
like we're developing our own app. Both, both. Yeah. Um, yeah.

1092
00:56:08.160 --> 00:56:12.760
Either, either developing your own app or customizing things that already exist.

1093
00:56:12.760 --> 00:56:15.560
One of those two. So there were more than half of the people here.

1094
00:56:15.560 --> 00:56:20.080
So I'm glad I felt moved to touch base on software for some reason.

1095
00:56:20.400 --> 00:56:23.440
Now I understand why. So that's awesome. All right.

1096
00:56:23.440 --> 00:56:27.000
So let me touch one more topic and then we will go into software.

1097
00:56:27.440 --> 00:56:31.000
We're going to talk about code protection functionality.

1098
00:56:31.360 --> 00:56:34.920
What if the stuff's on the backend? What about the graphical user interface?

1099
00:56:34.920 --> 00:56:37.880
I'm going to break them all down for you. Okay. Um,

1100
00:56:37.920 --> 00:56:41.680
so let's start out with one other topic though. Descriptiveness and

1101
00:56:43.360 --> 00:56:47.720
sorry, it's Desiree. I'm sorry. I'm sorry. I'm able to finally chime in.

1102
00:56:47.760 --> 00:56:51.400
Do you see me? I don't know how many people. Yes. Hi, I'm sorry.

1103
00:56:51.720 --> 00:56:54.720
Before you get into that really interesting topic that I know nothing about and

1104
00:56:54.720 --> 00:56:57.760
I need to jet out of here. Can I just ask a question about,

1105
00:56:58.840 --> 00:57:02.040
I'm pretty sure now I'm like, you know how Jesus says, do not worry,

1106
00:57:02.040 --> 00:57:06.560
do not worry all the time. I think I've spent tons of money, um, uh,

1107
00:57:06.560 --> 00:57:08.760
on thinking, wow, can I really file my own?

1108
00:57:09.040 --> 00:57:12.600
I just heard you say backed up a few minutes ago on, um,

1109
00:57:12.640 --> 00:57:15.960
copying my name mark right on my specimen.

1110
00:57:16.160 --> 00:57:18.640
You showed me how to fill out everything, everything, everything.

1111
00:57:18.720 --> 00:57:22.640
But I do think I should get the lawyer I used before to double check it.

1112
00:57:22.640 --> 00:57:24.600
That's what I heard you say. Absolutely. Right. Yeah.

1113
00:57:24.600 --> 00:57:27.360
I didn't hear that in the VIP, but I heard it just now. So, okay.

1114
00:57:27.360 --> 00:57:30.760
Yeah. You should always, I would always remember what you're doing is you're

1115
00:57:30.760 --> 00:57:32.520
getting all the materials together.

1116
00:57:32.560 --> 00:57:36.720
Yes. Decrease the amount of costs that you're going to be spending.

1117
00:57:37.200 --> 00:57:41.480
Yeah. See the VIP when I didn't doubt you at all. I was just doubting me.

1118
00:57:41.480 --> 00:57:45.320
Like, can I really do this? I don't know if I make one mistake, one mistake.

1119
00:57:45.800 --> 00:57:47.400
I mean, just to be clear,

1120
00:57:47.400 --> 00:57:50.640
there's some people here who could do it all day and night. Sure. Honestly,

1121
00:57:50.640 --> 00:57:53.600
there's some people here that are, who have done this before,

1122
00:57:53.600 --> 00:57:56.400
who know what this stuff looks like. They could follow day and night.

1123
00:57:56.400 --> 00:57:59.480
It's not that difficult. I mean, Miguel, he's a perfect example.

1124
00:57:59.480 --> 00:58:02.240
He could file trademarks in his sleep. It's not hard.

1125
00:58:03.920 --> 00:58:08.440
But, but, but at the same time, again, like anything, like I said,

1126
00:58:08.440 --> 00:58:11.880
you cannot fix it after you file. Right. That's my point.

1127
00:58:12.040 --> 00:58:16.840
So it's always best to get everything together. Like what you're doing is you're

1128
00:58:16.920 --> 00:58:19.880
decreasing the amount of costs that you're going to be spending with a lawyer.

1129
00:58:20.320 --> 00:58:22.120
Yeah. And then you give that to the lawyer.

1130
00:58:22.320 --> 00:58:26.280
I got a lawyer who filed it initially. So, but I'm glad I,

1131
00:58:26.280 --> 00:58:30.080
I was able to come in today. Cause I heard you say all the things I need to tell

1132
00:58:30.080 --> 00:58:33.040
them. No, I know more than you think. I know. Don't charge me. I'm done.

1133
00:58:33.040 --> 00:58:35.760
God bless you all. I got a jet. I'm sorry.

1134
00:58:39.440 --> 00:58:42.320
So is there any confusion with regard to this issue?

1135
00:58:42.360 --> 00:58:45.200
I want to make sure that that's, this is now what you're doing is you're

1136
00:58:45.240 --> 00:58:47.840
decreasing the number of issues you're bringing for your lawyer.

1137
00:58:48.520 --> 00:58:51.480
Does that make sense? And by decreasing the number of issues,

1138
00:58:51.480 --> 00:58:56.360
you're decreasing your costs. Now, I'm pretty sure a lot of you,

1139
00:58:56.360 --> 00:58:58.240
if not all of you at some point are going to say,

1140
00:58:58.240 --> 00:59:01.840
why in the world am I involving a lawyer? That's between you and yourself.

1141
00:59:02.840 --> 00:59:04.520
I mean, at some point you honestly,

1142
00:59:04.520 --> 00:59:08.240
some of you are going to say I've been using the same recitation of goods and

1143
00:59:08.240 --> 00:59:12.920
services like over and over and over and over.

1144
00:59:13.360 --> 00:59:16.000
Why am I, you know, what exactly am I doing here?

1145
00:59:16.760 --> 00:59:19.160
And so that's when you're going to decide to just do it yourself.

1146
00:59:19.160 --> 00:59:21.880
And that's up to you. That's again, this is not legal advice.

1147
00:59:21.880 --> 00:59:26.880
I'm just telling you, it's, it's not that difficult. Like it's,

1148
00:59:27.640 --> 00:59:28.800
you know, we did it online.

1149
00:59:28.800 --> 00:59:33.160
You saw online what most people don't know how to do.

1150
00:59:33.520 --> 00:59:36.480
Now, you know, it's necessary. So now get everything together,

1151
00:59:36.480 --> 00:59:39.360
give it to your lawyer, let them just review it and file it,

1152
00:59:39.400 --> 00:59:43.440
bring your costs down by over 50%, but just by doing that,

1153
00:59:44.520 --> 00:59:49.640
any follow-up questions on that? No. Okay, good. So let's move on to,

1154
00:59:49.640 --> 00:59:51.400
I want to talk about descriptiveness.

1155
00:59:53.840 --> 00:59:56.320
So on a trademark application, there's a,

1156
00:59:56.640 --> 01:00:00.000
there's a rejection that is called merely descriptive.

1157
01:00:00.000 --> 01:00:03.680
Okay, let me kind of touch base on what that means.

1158
01:00:03.680 --> 01:00:08.160
Just so that you know, the reason why I'm going

1159
01:00:08.160 --> 01:00:10.480
through this is I just want you to understand

1160
01:00:11.620 --> 01:00:13.680
that if you come up with a new trademark

1161
01:00:13.680 --> 01:00:15.680
that you're really interested, you may not want

1162
01:00:15.680 --> 01:00:20.560
to spend money on trying to get legal rights for it

1163
01:00:20.560 --> 01:00:23.600
if it's descriptive, because it's going to get rejected.

1164
01:00:23.600 --> 01:00:26.480
Okay, now you're likely not going to know

1165
01:00:26.480 --> 01:00:28.560
if something's merely descriptive or not.

1166
01:00:28.560 --> 01:00:30.080
I'm just going to give you some examples.

1167
01:00:30.080 --> 01:00:33.720
So it kind of gives you a gut check, all right,

1168
01:00:33.720 --> 01:00:36.160
to minimize how much money you spend.

1169
01:00:37.320 --> 01:00:42.320
All right, so let's say that the goods are,

1170
01:00:43.680 --> 01:00:45.080
let's say sneakers, right?

1171
01:00:45.080 --> 01:00:46.920
They're sneakers, right?

1172
01:00:46.920 --> 01:00:50.880
And so I think I want to display,

1173
01:00:50.880 --> 01:00:55.880
like I want to have something that represents kingdom

1174
01:00:56.480 --> 01:01:00.480
and you're going forward in your mission.

1175
01:01:00.480 --> 01:01:03.360
So I want to have something that says clean sneakers, right?

1176
01:01:03.360 --> 01:01:05.380
Kind of like saying clean slate.

1177
01:01:05.380 --> 01:01:09.200
When God is involved in your life, you get a clean slate.

1178
01:01:09.200 --> 01:01:12.000
So now your path is clean and therefore

1179
01:01:12.000 --> 01:01:15.480
I want to use clean sneakers, okay?

1180
01:01:15.480 --> 01:01:17.920
Somebody tell me what the problem is with that.

1181
01:01:22.600 --> 01:01:24.360
Just unmute yourself and tell me what's wrong

1182
01:01:24.360 --> 01:01:27.480
with filing a trademark application for clean sneakers.

1183
01:01:30.960 --> 01:01:33.040
That it describes what it's doing.

1184
01:01:34.200 --> 01:01:36.460
Describes, right, describes the goods.

1185
01:01:37.840 --> 01:01:40.000
See, and so why is that a problem?

1186
01:01:40.000 --> 01:01:42.120
Somebody tell me why that's a problem.

1187
01:01:43.600 --> 01:01:44.820
It's yet not unique.

1188
01:01:46.500 --> 01:01:49.720
I can have clean sneakers, you can have clean sneakers.

1189
01:01:49.720 --> 01:01:51.260
It's everywhere.

1190
01:01:52.660 --> 01:01:54.220
Right, that's true.

1191
01:01:55.280 --> 01:01:56.480
There's another issue.

1192
01:01:57.840 --> 01:02:00.920
Anyone who uses it in a sentence, they can't use it now.

1193
01:02:00.920 --> 01:02:01.760
That's it.

1194
01:02:03.000 --> 01:02:06.040
That's what the USPTO is most concerned about.

1195
01:02:06.040 --> 01:02:07.080
What Todd just said.

1196
01:02:08.080 --> 01:02:10.840
The problem is that if you get the trademark,

1197
01:02:10.840 --> 01:02:12.560
nobody else can use those words

1198
01:02:12.560 --> 01:02:15.720
in describing clean sneakers ever.

1199
01:02:17.160 --> 01:02:20.040
So the United States Patent and Trademark Office

1200
01:02:20.040 --> 01:02:23.260
will not allow a registration

1201
01:02:24.120 --> 01:02:25.960
for something that's descriptive.

1202
01:02:25.960 --> 01:02:27.060
Does that make sense?

1203
01:02:29.240 --> 01:02:31.000
I don't see a lot of heads nodding up and down.

1204
01:02:31.000 --> 01:02:32.680
So I just want to make sure that's clear.

1205
01:02:32.680 --> 01:02:35.360
And it's not that they can't use that word.

1206
01:02:35.360 --> 01:02:38.440
I mean, like if you have a word,

1207
01:02:38.440 --> 01:02:43.440
it's not that you can't use that word in a sentence ever.

1208
01:02:44.120 --> 01:02:45.760
Again, if you have a trademark,

1209
01:02:45.760 --> 01:02:48.200
that's a word that people use.

1210
01:02:48.200 --> 01:02:50.240
What about like, if it's like Google?

1211
01:02:50.240 --> 01:02:51.440
You know, what about like Google?

1212
01:02:51.440 --> 01:02:52.800
It's branded, it's trademarked,

1213
01:02:52.800 --> 01:02:54.840
but then now people go, hey, Google it.

1214
01:02:54.840 --> 01:02:56.360
Yeah, let's do that next.

1215
01:02:56.360 --> 01:02:57.640
I'll go into that next, Rowena.

1216
01:02:57.640 --> 01:02:58.780
Let's talk about, Holly,

1217
01:02:58.780 --> 01:03:00.760
let me address what you're saying, okay?

1218
01:03:00.760 --> 01:03:05.760
So if Todd gets a registration for clean sneakers, right?

1219
01:03:07.400 --> 01:03:09.480
And you make an advertisement,

1220
01:03:09.480 --> 01:03:12.000
you're selling sneakers that are clean, right?

1221
01:03:12.000 --> 01:03:14.080
And so you put an advertise out there and say,

1222
01:03:14.080 --> 01:03:15.340
buy these clean sneakers,

1223
01:03:15.340 --> 01:03:18.500
or you put an advertisement that says clean sneakers.

1224
01:03:18.500 --> 01:03:21.340
When people want to buy clean sneakers, they go to you,

1225
01:03:21.340 --> 01:03:22.180
right?

1226
01:03:22.180 --> 01:03:23.580
You infringe his trademark.

1227
01:03:24.860 --> 01:03:28.360
And all you did was describe the goods.

1228
01:03:29.380 --> 01:03:30.940
They're clean sneakers.

1229
01:03:30.940 --> 01:03:33.860
So since he got a registration for the words,

1230
01:03:33.860 --> 01:03:35.460
clean sneakers,

1231
01:03:35.460 --> 01:03:39.700
you now can't describe the very goods that you're selling.

1232
01:03:39.700 --> 01:03:42.700
You can't say clean sneakers for sale here.

1233
01:03:42.700 --> 01:03:45.980
You can't just say clean sneakers on your advertisement

1234
01:03:45.980 --> 01:03:49.580
because now there's a confusion as to the source of goods.

1235
01:03:49.580 --> 01:03:51.700
And so for that reason,

1236
01:03:51.700 --> 01:03:53.820
the trademark office will not allow you

1237
01:03:53.820 --> 01:03:55.440
to get a federal registration

1238
01:03:55.440 --> 01:03:56.980
for something that's descriptive,

1239
01:03:56.980 --> 01:03:58.460
which makes sense, right guys?

1240
01:03:58.460 --> 01:04:03.460
I mean, why would we want people to be locking up

1241
01:04:03.820 --> 01:04:05.980
your access to describing things?

1242
01:04:05.980 --> 01:04:09.940
Like, it doesn't make sense, okay?

1243
01:04:09.940 --> 01:04:11.400
So for that reason,

1244
01:04:13.700 --> 01:04:15.340
you would not,

1245
01:04:15.340 --> 01:04:17.140
you wouldn't try to file a trademark application

1246
01:04:17.140 --> 01:04:18.260
for something that's descriptive.

1247
01:04:18.260 --> 01:04:22.540
I guess I didn't catch before that it's descriptive

1248
01:04:22.540 --> 01:04:25.640
anywhere for anybody, not just for your thing.

1249
01:04:27.300 --> 01:04:30.500
Well, the way it breaks down when you file it

1250
01:04:30.500 --> 01:04:33.220
with the United States Patent and Trademark Office

1251
01:04:33.220 --> 01:04:36.700
is they'll look at your international class, right?

1252
01:04:36.700 --> 01:04:38.760
So let's say you tried to get a registration

1253
01:04:38.760 --> 01:04:41.980
for clean sneakers for computers.

1254
01:04:41.980 --> 01:04:45.180
Somebody tell me whether or not you could get that.

1255
01:04:45.180 --> 01:04:46.060
Yes.

1256
01:04:46.060 --> 01:04:47.680
Yes, you could, right.

1257
01:04:47.680 --> 01:04:48.520
Why?

1258
01:04:48.520 --> 01:04:51.380
Because it's not descriptive of computers, right?

1259
01:04:51.380 --> 01:04:52.860
It might be descriptive of the guy

1260
01:04:52.860 --> 01:04:56.260
ripping off the best by taking the computer,

1261
01:04:57.140 --> 01:04:59.580
but it's not descriptive of computers.

1262
01:05:00.000 --> 01:05:08.000
So for that reason, you could actually file a trademark application for clean sneakers on computers.

1263
01:05:08.000 --> 01:05:15.000
It's similar to like Red Door for perfume or Apple for computers.

1264
01:05:15.000 --> 01:05:24.000
You can't own the name Apple when it comes to fruit or sales of fruit or things like that,

1265
01:05:24.000 --> 01:05:28.000
because that's just descriptive of the goods.

1266
01:05:29.000 --> 01:05:32.000
But by all means, you can take what...

1267
01:05:32.000 --> 01:05:34.000
And this is kind of like a sneaky...

1268
01:05:34.000 --> 01:05:38.000
It's actually pretty brilliant, but it's a sneaky slash brilliant technique

1269
01:05:38.000 --> 01:05:44.000
to use something that's descriptive and use it in another field where it's not descriptive.

1270
01:05:44.000 --> 01:05:47.000
It'll catch people's eye pretty fast.

1271
01:05:48.000 --> 01:05:53.000
So if you use something that...

1272
01:05:53.000 --> 01:05:58.000
White teddy bear associated with chocolates or something like that,

1273
01:05:58.000 --> 01:06:02.000
it's like everybody's going to get that image.

1274
01:06:02.000 --> 01:06:05.000
But now you own that image in that specific field.

1275
01:06:05.000 --> 01:06:08.000
It's actually a pretty good marketing technique.

1276
01:06:08.000 --> 01:06:11.000
It's used by a lot of companies.

1277
01:06:11.000 --> 01:06:13.000
What if the logo...

1278
01:06:13.000 --> 01:06:24.000
What if it has a picture of something in the logo that is associated with the use of it,

1279
01:06:24.000 --> 01:06:28.000
but it's actually what it does isn't that?

1280
01:06:31.000 --> 01:06:36.000
What if the logo has a picture of what it's used for, but it's not used for that?

1281
01:06:36.000 --> 01:06:39.000
I'm thinking of my own thing, like what my acronym is

1282
01:06:39.000 --> 01:06:41.000
and what it applies to in international class.

1283
01:06:41.000 --> 01:06:44.000
I don't know, but it's like this category over here.

1284
01:06:44.000 --> 01:06:52.000
But if I put in the logo an image of something that if you use that word,

1285
01:06:52.000 --> 01:06:56.000
it might be descriptive of that.

1286
01:06:56.000 --> 01:06:58.000
Is that a problem?

1287
01:06:58.000 --> 01:07:00.000
Why don't you give me a specific example?

1288
01:07:00.000 --> 01:07:02.000
I don't want to use my own thing, but...

1289
01:07:02.000 --> 01:07:05.000
Okay. Yeah, no, that's fine. That's fine.

1290
01:07:06.000 --> 01:07:13.000
What you're saying is if the image is descriptive of what the goods and services are

1291
01:07:13.000 --> 01:07:18.000
in that trademark application, you're asking what if in that logo,

1292
01:07:18.000 --> 01:07:21.000
the image is descriptive of the goods and services.

1293
01:07:21.000 --> 01:07:24.000
Yeah, even if the word isn't descriptive of...

1294
01:07:24.000 --> 01:07:27.000
Yeah, that's a brilliant question. That's a brilliant question.

1295
01:07:27.000 --> 01:07:31.000
I love it when you call me brilliant. I just asked it for that.

1296
01:07:31.000 --> 01:07:32.000
No, I'm just kidding.

1297
01:07:32.000 --> 01:07:36.000
I'm going to ask the most difficult questions possible just so I can continue to call you brilliant.

1298
01:07:36.000 --> 01:07:38.000
That's brilliant in and of itself.

1299
01:07:38.000 --> 01:07:39.000
Brilliant. Wow.

1300
01:07:39.000 --> 01:07:43.000
Well, I think because I think I've been teaching for a long time.

1301
01:07:43.000 --> 01:07:48.000
So when I hear a question that's like multifaceted, those are like my favorite questions,

1302
01:07:48.000 --> 01:07:50.000
because it addresses this, this, this, this.

1303
01:07:50.000 --> 01:07:53.000
Those are like the final exam questions. I like those.

1304
01:07:53.000 --> 01:07:54.000
And so I'm going to address this.

1305
01:07:54.000 --> 01:07:57.000
And I want to get to Rowena because she asked a really important question.

1306
01:07:57.000 --> 01:07:59.000
So I want to get into that.

1307
01:07:59.000 --> 01:08:06.000
So, so the question is, I want to make sure everybody understands the question because it's kind of a complicated question.

1308
01:08:06.000 --> 01:08:14.000
What if your logo has an image that really is descriptive of the services that you're filing for?

1309
01:08:14.000 --> 01:08:16.000
Right. So let's say that John's.

1310
01:08:16.000 --> 01:08:18.000
Oh, that's not the question.

1311
01:08:18.000 --> 01:08:20.000
No, I'll give an example.

1312
01:08:20.000 --> 01:08:25.000
So if the logo. Okay, say though, say the word is sunflower.

1313
01:08:25.000 --> 01:08:30.000
And it's describing cookies.

1314
01:08:30.000 --> 01:08:33.000
Okay, it's describing it's your cookie thing.

1315
01:08:33.000 --> 01:08:37.000
But

1316
01:08:37.000 --> 01:08:41.000
the picture

1317
01:08:41.000 --> 01:08:44.000
is.

1318
01:08:44.000 --> 01:08:49.000
I can't I can't. There's a cookie. I have to tell you. Yeah, no.

1319
01:08:49.000 --> 01:08:52.000
The word is associated with the picture.

1320
01:08:52.000 --> 01:08:56.000
So the picture is a sunflower the sunflower you see this.

1321
01:08:56.000 --> 01:09:12.000
You see right so the word, the word is descriptive of the picture in the logo you're saying, picture, the picture could run into the problems you're talking about it being descriptive but but the actual word doesn't describe the service that it is for.

1322
01:09:12.000 --> 01:09:17.000
Okay, let's break this down piece by piece right. The logo is the image.

1323
01:09:17.000 --> 01:09:23.000
So you're saying the image. Does it look like a sunflower yes or no.

1324
01:09:23.000 --> 01:09:24.000
I don't.

1325
01:09:24.000 --> 01:09:29.000
I'm just gonna have to email you and see if you want to.

1326
01:09:29.000 --> 01:09:36.000
I'm happy to answer it. I have no problem like breaking it down for you but what I'm trying to figure out is, I just tell you my real thing.

1327
01:09:36.000 --> 01:09:46.000
I'd rather not. I'd rather you not do that here because other people can hear it. So, what I would say is, break it down to the word, and then break it down to the picture.

1328
01:09:46.000 --> 01:09:48.000
Okay, so the word.

1329
01:09:48.000 --> 01:09:55.000
The word is a word that's used in association with the picture.

1330
01:09:55.000 --> 01:10:00.000
Okay, but is it is a word is used in association with the service yes or no. No.

1331
01:10:00.000 --> 01:10:01.000
Okay.

1332
01:10:01.000 --> 01:10:02.000
Okay.

1333
01:10:02.000 --> 01:10:05.680
Now what about the picture is the picture, use an association with the service, yes or

1334
01:10:05.680 --> 01:10:06.680
no.

1335
01:10:06.680 --> 01:10:07.680
Like if.

1336
01:10:07.680 --> 01:10:08.680
No.

1337
01:10:08.680 --> 01:10:09.680
Okay.

1338
01:10:09.680 --> 01:10:14.640
So what you're saying is the word is descriptive of the picture.

1339
01:10:14.640 --> 01:10:25.080
The word is descriptive of something that somebody who had this kind of

1340
01:10:25.080 --> 01:10:32.200
picture service or product would be using to describe what they do with that thing.

1341
01:10:32.200 --> 01:10:38.120
So though is the word descriptive of the service, yes or no, no.

1342
01:10:38.120 --> 01:10:40.960
And the picture is not descriptive of the word of the service.

1343
01:10:40.960 --> 01:10:42.280
Yes or no.

1344
01:10:42.280 --> 01:10:43.280
No.

1345
01:10:43.280 --> 01:10:44.280
Okay.

1346
01:10:44.280 --> 01:10:47.560
But the word is, is the word descriptive of the picture.

1347
01:10:47.560 --> 01:10:50.560
Yes or no.

1348
01:10:50.560 --> 01:10:52.560
Yes.

1349
01:10:52.560 --> 01:10:54.800
Okay.

1350
01:10:54.800 --> 01:10:55.800
Let's stop there.

1351
01:10:55.800 --> 01:10:56.800
Let's stop there.

1352
01:10:56.800 --> 01:10:59.520
And then if you have a follow-up, we can, you and I can hash it out in more detail.

1353
01:10:59.520 --> 01:11:02.920
It's a word that describes what that thing, what the image does.

1354
01:11:02.920 --> 01:11:03.920
It.

1355
01:11:03.920 --> 01:11:04.920
Okay.

1356
01:11:04.920 --> 01:11:05.920
That's fine.

1357
01:11:05.920 --> 01:11:06.920
That's fine.

1358
01:11:06.920 --> 01:11:07.920
But the word there is not descriptive of the service.

1359
01:11:07.920 --> 01:11:08.920
Right.

1360
01:11:08.920 --> 01:11:12.640
So, so sunflower is not descriptive of the service.

1361
01:11:12.640 --> 01:11:17.000
The picture of a sunflower is not descriptive of, let's talk about cookies, like John's

1362
01:11:17.000 --> 01:11:18.000
situation.

1363
01:11:18.000 --> 01:11:19.000
Right.

1364
01:11:19.000 --> 01:11:22.000
John, we tend to use you a lot just so you know, sorry.

1365
01:11:22.000 --> 01:11:23.920
So it's the easiest.

1366
01:11:24.040 --> 01:11:26.640
You're the most successful in this area, you know, there you go.

1367
01:11:26.640 --> 01:11:32.360
So sunflower is not descriptive of his cookies I'm thinking.

1368
01:11:32.360 --> 01:11:37.200
And on top of that, a picture of a sunflower is not descriptive of his cookies, but the

1369
01:11:37.200 --> 01:11:42.000
word sunflower by all means is descriptive of the logo, which is a picture of a sunflower.

1370
01:11:42.000 --> 01:11:43.000
Right.

1371
01:11:43.000 --> 01:11:44.600
That's not a problem.

1372
01:11:44.600 --> 01:11:50.160
The question is whether or not the word is descriptive of the service or goods, or the

1373
01:11:50.160 --> 01:11:52.480
picture is descriptive of the service of goods.

1374
01:11:52.480 --> 01:11:53.480
That's what you're looking at.

1375
01:11:53.480 --> 01:11:54.480
Okay.

1376
01:11:54.480 --> 01:11:55.480
Does that make sense?

1377
01:11:55.480 --> 01:11:56.480
Yeah.

1378
01:11:56.480 --> 01:12:01.960
And if you have a follow up, just just think about it, and then email it to me, like you're,

1379
01:12:01.960 --> 01:12:03.920
you know, you can break it down more in an email.

1380
01:12:03.920 --> 01:12:04.920
Okay.

1381
01:12:04.920 --> 01:12:09.480
All right, well, why don't let me go to you because your question is, it's a really good

1382
01:12:09.480 --> 01:12:10.480
one.

1383
01:12:10.480 --> 01:12:16.480
Well, it's kind of like the you're saying, if it's descriptive, but if we make up a word

1384
01:12:16.480 --> 01:12:23.600
or a phrase that is not current, that does not currently exist in the English lexicon,

1385
01:12:23.600 --> 01:12:27.760
even though there are two known words, but like, put it together, let's say we made up

1386
01:12:27.760 --> 01:12:30.040
Google, right?

1387
01:12:30.040 --> 01:12:33.280
But then now we use it as like a descriptive term.

1388
01:12:33.280 --> 01:12:34.280
Yeah.

1389
01:12:34.280 --> 01:12:35.280
That makes sense.

1390
01:12:35.280 --> 01:12:36.280
It's like, yeah.

1391
01:12:36.280 --> 01:12:38.600
So I would break this down in a few different ways.

1392
01:12:38.600 --> 01:12:40.560
I'm just going to talk about the law.

1393
01:12:40.560 --> 01:12:41.560
Okay.

1394
01:12:41.560 --> 01:12:45.480
So the law with regard to anything that's descriptive is you can't get a federal registration

1395
01:12:45.480 --> 01:12:46.480
period.

1396
01:12:46.480 --> 01:12:47.480
Right.

1397
01:12:47.480 --> 01:12:48.480
That's just the law.

1398
01:12:48.480 --> 01:12:49.760
Like, there's no way around it.

1399
01:12:49.760 --> 01:12:58.840
So if I use a, if I have a trademark that I go for, and it's descriptive, the answer

1400
01:12:58.840 --> 01:12:59.840
is no.

1401
01:12:59.840 --> 01:13:06.680
Now, the question is, what if the trademark that I've been using becomes so familiar that

1402
01:13:06.680 --> 01:13:13.320
people start using it in a descriptive manner, like Xerox, like Kleenex, like, you know,

1403
01:13:13.320 --> 01:13:14.320
Google.

1404
01:13:14.320 --> 01:13:23.920
These are examples of trademarks that have become used so much that, you know, that essentially

1405
01:13:23.920 --> 01:13:25.720
it's diluting the mark.

1406
01:13:25.720 --> 01:13:29.000
It's like, it's, it's taken away the strength of the mark.

1407
01:13:29.000 --> 01:13:34.320
This is why companies like Kleenex and others and Xerox started filing lawsuits saying,

1408
01:13:34.320 --> 01:13:39.600
Hey, you can't use my name in a descriptive manner because you're destroying my intellectual

1409
01:13:39.600 --> 01:13:42.400
property and I can't allow you to do that.

1410
01:13:42.400 --> 01:13:43.400
Okay.

1411
01:13:43.480 --> 01:13:55.000
So for all, everybody here, whether, if you're looking at a trademark and you're thinking,

1412
01:13:55.000 --> 01:13:58.720
I don't know, let's say somebody has a federal registration and you're thinking to yourself,

1413
01:13:58.720 --> 01:14:00.960
yeah, but everybody uses that in a descriptive manner.

1414
01:14:00.960 --> 01:14:01.960
Stay away from it.

1415
01:14:01.960 --> 01:14:04.280
Just do yourself a favor, stay away from it.

1416
01:14:04.280 --> 01:14:10.320
You don't want to have to hire me to defend you because you decided to make a judgment

1417
01:14:10.320 --> 01:14:13.560
cause to whether or not something's descriptive because everybody else in the world is using

1418
01:14:13.560 --> 01:14:14.560
it.

1419
01:14:14.560 --> 01:14:15.560
Just stay away.

1420
01:14:15.560 --> 01:14:17.240
Like it's, can you get away with it?

1421
01:14:17.240 --> 01:14:21.360
Maybe, but probably after spending 250,000 with me.

1422
01:14:21.360 --> 01:14:27.600
So don't spend the money with me and just use something else after we give, you know,

1423
01:14:27.600 --> 01:14:31.840
John mouth to mouth or, you know, clear.

1424
01:14:31.840 --> 01:14:37.840
So you're saying is if it's, even if it's something that does not currently exist in

1425
01:14:37.840 --> 01:14:43.440
the English lexicon, if, if it could potentially even be used in a descriptive manner in the

1426
01:14:43.440 --> 01:14:49.400
future, that is not trade, not that is not something to pursue for trademark.

1427
01:14:49.400 --> 01:14:50.400
Just copy.

1428
01:14:50.400 --> 01:14:51.400
I wouldn't say that.

1429
01:14:51.400 --> 01:14:56.360
I mean, how would you know, how do you know that it's going to potentially become descriptive

1430
01:14:56.360 --> 01:14:57.360
in the future?

1431
01:14:57.360 --> 01:15:00.000
Like how, I mean, was that a prophetic word or.

1432
01:15:00.000 --> 01:15:01.360
Like, how did you know that?

1433
01:15:01.360 --> 01:15:06.360
I know that I know because it's a term that I'm using

1434
01:15:07.400 --> 01:15:09.840
within a membership group of people.

1435
01:15:09.840 --> 01:15:14.840
And there is no term that currently exists to describe,

1436
01:15:15.480 --> 01:15:19.600
right, the methodology that we're using.

1437
01:15:19.600 --> 01:15:22.880
That can become a powerful trademark if you use it right.

1438
01:15:22.880 --> 01:15:23.720
Yeah.

1439
01:15:23.720 --> 01:15:25.600
You can make it so nobody can actually talk

1440
01:15:25.600 --> 01:15:27.640
about your service in any way, shape or form

1441
01:15:27.640 --> 01:15:29.000
because you own that trademark.

1442
01:15:29.000 --> 01:15:32.520
I mean, that's a prime example of a powerhouse trademark.

1443
01:15:32.520 --> 01:15:33.360
Yeah.

1444
01:15:33.360 --> 01:15:35.280
That's when you want to secure your rights.

1445
01:15:35.280 --> 01:15:36.120
Right.

1446
01:15:36.120 --> 01:15:39.480
But it's kind of like, let's just say it's two,

1447
01:15:39.480 --> 01:15:41.680
it's two, it's three words,

1448
01:15:41.680 --> 01:15:44.280
but it's two words that are in the English section

1449
01:15:44.280 --> 01:15:47.400
but never ever would you put it together.

1450
01:15:47.400 --> 01:15:48.240
Yeah.

1451
01:15:48.240 --> 01:15:50.160
And it's not descriptive right now.

1452
01:15:50.160 --> 01:15:51.000
Not right.

1453
01:15:51.000 --> 01:15:51.840
It doesn't exist.

1454
01:15:51.840 --> 01:15:52.840
It doesn't exist.

1455
01:15:52.840 --> 01:15:53.680
Yeah.

1456
01:15:53.680 --> 01:15:54.640
Those are the kinds of things you would look at

1457
01:15:54.640 --> 01:15:56.560
for potentially filing a trademark on.

1458
01:15:56.560 --> 01:15:57.440
I mean, think about it.

1459
01:15:57.440 --> 01:15:59.600
All trademarks that have more than one word

1460
01:15:59.600 --> 01:16:03.560
where they're using, you know, a word that already exists

1461
01:16:03.560 --> 01:16:05.880
is really the conglomeration of multiple words

1462
01:16:05.880 --> 01:16:07.640
that already exist.

1463
01:16:07.640 --> 01:16:08.480
And they all are.

1464
01:16:08.480 --> 01:16:11.280
That's, you know, like they're just, you just,

1465
01:16:11.280 --> 01:16:13.840
if you came up with a unique arrangement of those words,

1466
01:16:13.840 --> 01:16:16.520
which gives you a certain commercial impression.

1467
01:16:16.520 --> 01:16:17.640
Yes, that's correct.

1468
01:16:17.640 --> 01:16:20.760
Which is suggestive, not descriptive.

1469
01:16:20.760 --> 01:16:22.320
That's a perfect example.

1470
01:16:22.320 --> 01:16:24.920
So the most powerful trademarks out there

1471
01:16:24.920 --> 01:16:27.120
are ones that are what are called suggestive,

1472
01:16:27.800 --> 01:16:28.640
not descriptive.

1473
01:16:28.640 --> 01:16:29.480
All right.

1474
01:16:29.480 --> 01:16:30.440
They, they give you a thought.

1475
01:16:30.440 --> 01:16:33.040
They make you, they give you a commercial impression.

1476
01:16:33.040 --> 01:16:36.480
They make you believe, oh, when I hear those words,

1477
01:16:36.480 --> 01:16:39.760
I see something like something comes to me,

1478
01:16:39.760 --> 01:16:41.480
but it's not descriptive.

1479
01:16:41.480 --> 01:16:45.560
Those are the ones that are powerhouse trademarks

1480
01:16:45.560 --> 01:16:47.680
because you just hear the trademark and boom,

1481
01:16:47.680 --> 01:16:49.600
you want the service, you know,

1482
01:16:49.600 --> 01:16:51.840
but it's not describing the service.

1483
01:16:51.840 --> 01:16:53.640
Like those are the most, you know,

1484
01:16:53.640 --> 01:16:56.120
those are really powerful, powerful,

1485
01:16:56.160 --> 01:16:58.880
like friendlies, right?

1486
01:16:58.880 --> 01:17:00.560
Friendlies for a restaurant.

1487
01:17:00.560 --> 01:17:02.240
It's not descriptive of a restaurant,

1488
01:17:02.240 --> 01:17:03.400
but man, I want to eat there.

1489
01:17:03.400 --> 01:17:05.000
It's friendlies.

1490
01:17:05.000 --> 01:17:06.760
Like, it gives me a commercial impression.

1491
01:17:06.760 --> 01:17:07.680
It's friendlies.

1492
01:17:07.680 --> 01:17:11.520
Like, you know, it's not, it's not called,

1493
01:17:11.520 --> 01:17:12.920
you know, anger house,

1494
01:17:12.920 --> 01:17:17.200
or it's not called like anxiety, anxiety rest.

1495
01:17:17.200 --> 01:17:19.960
You know, it's not called that, it's called friendlies.

1496
01:17:19.960 --> 01:17:22.360
Like that gives you, you know, it's,

1497
01:17:22.360 --> 01:17:23.840
it's a suggestive mark.

1498
01:17:23.840 --> 01:17:25.680
It's, it's, it's suggesting to you

1499
01:17:26.240 --> 01:17:27.520
that if you come to my restaurant,

1500
01:17:27.520 --> 01:17:29.320
you're going to be in a friendly environment.

1501
01:17:29.320 --> 01:17:30.880
You're going to be happy.

1502
01:17:30.880 --> 01:17:32.560
There's going to be joy.

1503
01:17:32.560 --> 01:17:33.560
You're going to like the food.

1504
01:17:33.560 --> 01:17:34.400
You're going to like the,

1505
01:17:34.400 --> 01:17:36.520
you're going to like the waitress or the waiter.

1506
01:17:36.520 --> 01:17:38.440
That's a suggestive mark.

1507
01:17:38.440 --> 01:17:40.960
Those are the most powerful trademarks out there.

1508
01:17:42.560 --> 01:17:45.280
So what I would be very careful of doing Rowena

1509
01:17:45.280 --> 01:17:47.640
is anytime you use that word,

1510
01:17:47.640 --> 01:17:49.480
you make sure you put a TM on it.

1511
01:17:50.360 --> 01:17:52.720
You use those multiple words that,

1512
01:17:52.720 --> 01:17:53.640
what you aren't,

1513
01:17:53.640 --> 01:17:56.080
what you essentially are on the cusp of

1514
01:17:56.080 --> 01:17:58.400
is a powerhouse trademark.

1515
01:17:58.400 --> 01:18:01.480
Because if people are starting to use the term already,

1516
01:18:01.480 --> 01:18:02.920
you need to correct them early.

1517
01:18:02.920 --> 01:18:04.680
You need to say, hey guys, just so you know,

1518
01:18:04.680 --> 01:18:05.760
that's my service.

1519
01:18:05.760 --> 01:18:07.920
That's what my service is called.

1520
01:18:07.920 --> 01:18:09.280
It's not describing my service.

1521
01:18:09.280 --> 01:18:11.560
That's what my service is called.

1522
01:18:11.560 --> 01:18:14.120
So you'll see, I use a TM on that.

1523
01:18:14.120 --> 01:18:15.200
That's because, you know,

1524
01:18:15.200 --> 01:18:18.760
I'm following a federal trademark application on this.

1525
01:18:18.760 --> 01:18:19.880
Whenever you hear that name,

1526
01:18:19.880 --> 01:18:21.200
you know, it's associated with me.

1527
01:18:21.200 --> 01:18:23.840
You're going to get that kind of quality service.

1528
01:18:23.840 --> 01:18:26.480
And you, you know, so if that word spreads,

1529
01:18:26.480 --> 01:18:27.520
that's what you want.

1530
01:18:28.560 --> 01:18:29.800
Like you want that.

1531
01:18:29.800 --> 01:18:32.880
Like that's, that's an incredible blessing,

1532
01:18:32.880 --> 01:18:34.560
but you don't want to,

1533
01:18:34.560 --> 01:18:36.520
this is, this kind of falls the line

1534
01:18:36.520 --> 01:18:38.040
along the lines of why I'm doing this

1535
01:18:38.040 --> 01:18:39.680
for the 100X community.

1536
01:18:41.280 --> 01:18:43.400
Well, I'm trying to do this to most of the 100X community

1537
01:18:43.400 --> 01:18:45.480
is these great ideas come to you,

1538
01:18:45.480 --> 01:18:47.800
be they God ideas or otherwise.

1539
01:18:47.800 --> 01:18:49.120
And you're like, oh my gosh.

1540
01:18:49.120 --> 01:18:50.040
And they start taking off.

1541
01:18:50.040 --> 01:18:51.320
Their fruit's already falling.

1542
01:18:51.320 --> 01:18:53.240
You're like, well, what do I do?

1543
01:18:53.240 --> 01:18:55.600
Well, let me make sure that I'm a good steward

1544
01:18:55.600 --> 01:18:57.360
of what I have.

1545
01:18:57.360 --> 01:19:00.600
Because what if you don't?

1546
01:19:00.600 --> 01:19:02.800
What if you don't obtain the rights to it?

1547
01:19:02.800 --> 01:19:04.320
What if you don't let other people use it?

1548
01:19:04.320 --> 01:19:07.400
Then other people can use that as well.

1549
01:19:07.400 --> 01:19:09.720
And then the consumer is not going to know

1550
01:19:09.720 --> 01:19:11.920
that that quality of service

1551
01:19:11.920 --> 01:19:16.560
is associated with Rowena Rodriguez and her service.

1552
01:19:16.560 --> 01:19:20.000
So you need to hire her if you want that caliber of work.

1553
01:19:20.840 --> 01:19:23.160
Because she even has, it even has its own name.

1554
01:19:24.720 --> 01:19:25.560
Do you see what I mean?

1555
01:19:25.560 --> 01:19:29.000
That's how a trademark can be very powerful.

1556
01:19:29.000 --> 01:19:31.680
Now, could you just use it with a TM all the time?

1557
01:19:31.680 --> 01:19:32.640
Sure.

1558
01:19:32.640 --> 01:19:34.520
You could just slap a TM on it all the time

1559
01:19:34.520 --> 01:19:36.160
and never file a trademark application

1560
01:19:36.160 --> 01:19:37.680
if you don't want to spend the money.

1561
01:19:37.680 --> 01:19:39.240
You can do that all day and night.

1562
01:19:39.240 --> 01:19:41.960
But just make sure everybody knows it's your trademark.

1563
01:19:41.960 --> 01:19:44.920
And if they start using it to describe your service,

1564
01:19:44.920 --> 01:19:46.200
correct them.

1565
01:19:46.200 --> 01:19:48.280
Say, hey guys, this isn't like,

1566
01:19:48.320 --> 01:19:51.600
if it's like, if people start saying,

1567
01:19:51.600 --> 01:19:53.480
hey, I want to go to the friendly restaurant.

1568
01:19:53.480 --> 01:19:56.000
It's like, no, it's called Friendly's.

1569
01:19:56.000 --> 01:19:57.760
Like our restaurant called Friendly's.

1570
01:19:57.760 --> 01:19:59.000
It's not the friendly restaurant.

1571
01:19:59.000 --> 01:20:00.240
That would be described.

1572
01:20:00.000 --> 01:20:02.720
being the restaurant, it's the restaurants called friendlies,

1573
01:20:02.760 --> 01:20:05.520
like, I would correct them, get them to start using the lingo in

1574
01:20:05.520 --> 01:20:06.680
a lovingly manner.

1575
01:20:06.920 --> 01:20:10.760
So, so, so like, right now, they're calling it what either

1576
01:20:10.760 --> 01:20:13.240
name that my members in our private group, they're calling

1577
01:20:13.240 --> 01:20:18.320
it that, but I can say, don't call it that. That's the

1578
01:20:18.320 --> 01:20:23.200
methodology. Right? So then when you say they're calling it that

1579
01:20:23.200 --> 01:20:24.200
what do you mean by it?

1580
01:20:24.280 --> 01:20:29.280
They're using friendlies in your sample, your sample, they're

1581
01:20:29.280 --> 01:20:31.160
saying, yeah, it's the friendlies way. You know what I

1582
01:20:31.160 --> 01:20:31.400
mean?

1583
01:20:32.280 --> 01:20:35.120
Yeah, so what you could say it's the it's the blah, blah, blah

1584
01:20:35.120 --> 01:20:38.400
method. You know, and that's, that's, that's what it's called.

1585
01:20:38.400 --> 01:20:41.600
It's the blah, blah, blah method. And so blah, blah, blah

1586
01:20:41.600 --> 01:20:42.320
is your trademark.

1587
01:20:42.920 --> 01:20:46.240
Yes. Okay. So so then that's currently what they're calling

1588
01:20:46.240 --> 01:20:47.320
it. Yeah.

1589
01:20:47.640 --> 01:20:50.360
Yeah. So that's, that's how I would do it is I would make sure

1590
01:20:50.360 --> 01:20:53.040
it's clear. And again, this is not legal advice. Like it

1591
01:20:53.040 --> 01:20:56.280
sounds to me like you're on the cusp of something very powerful.

1592
01:20:56.880 --> 01:21:00.160
And so, you know, you, you live with lawyers, right? Like, you

1593
01:21:00.160 --> 01:21:02.880
breathe lawyers, like you have 4 billion lawyers all over the

1594
01:21:02.880 --> 01:21:05.800
place. So it'd be really good, you know, just to kind of

1595
01:21:05.800 --> 01:21:09.200
consult with one for like, a minute or two and say, here's

1596
01:21:09.200 --> 01:21:13.120
the exact words. Yeah, there's how it's being used. This seems

1597
01:21:13.120 --> 01:21:15.960
really important, because this name is going to be

1598
01:21:16.360 --> 01:21:21.360
include the word method when you are filing that. Or just the

1599
01:21:21.600 --> 01:21:23.640
Okay. I wouldn't

1600
01:21:24.160 --> 01:21:26.880
the root just the root just the root. Okay, got it. Yeah. And

1601
01:21:26.880 --> 01:21:30.000
then what I would do is I would, when you're advertising the

1602
01:21:30.000 --> 01:21:35.320
service, I would use the words alone. Yes. So like, like a to

1603
01:21:35.320 --> 01:21:38.280
Q, you know, whatever, let's say it's called a to Q, right? And

1604
01:21:38.280 --> 01:21:41.400
everybody's like, that's the a to Q method, just a to Q on the

1605
01:21:41.400 --> 01:21:44.800
top of your website, top of your funnel, a to Q. And then

1606
01:21:44.800 --> 01:21:47.920
underneath it, you describe what a to Q, you know, the a to Q

1607
01:21:47.920 --> 01:21:50.160
method does blah, blah, blah, blah, blah, blah, blah, blah,

1608
01:21:50.400 --> 01:21:53.680
you know, but you put a to Q all alone. So that can be used as a

1609
01:21:53.680 --> 01:21:56.560
specimen. Yes, absolutely. Yep. Thank you.

1610
01:22:00.880 --> 01:22:07.160
Okay, we've got five minutes left. So with that, we can start

1611
01:22:07.160 --> 01:22:12.080
software, or I can answer more questions. I'll leave it up to

1612
01:22:12.080 --> 01:22:14.160
you. I can start jumping into software, I can answer more

1613
01:22:14.160 --> 01:22:14.680
questions.

1614
01:22:18.120 --> 01:22:20.040
Are there any other questions before I go there?

1615
01:22:21.160 --> 01:22:23.400
I might have a question. Yeah, go ahead, Krista.

1616
01:22:23.960 --> 01:22:28.440
Hey, um, okay, I have a really quick question. Hopefully, it's

1617
01:22:28.440 --> 01:22:32.160
just quick. We'll make it really quick. trademarking specifically

1618
01:22:32.200 --> 01:22:37.000
like using sources and pictures and images from other sources

1619
01:22:37.040 --> 01:22:41.280
and putting into your books, and then starting to sell, you know,

1620
01:22:41.280 --> 01:22:46.520
like, how do you in general don't? Don't mean in general,

1621
01:22:46.560 --> 01:22:49.800
in general, don't use other people's trademarks. Don't use

1622
01:22:50.360 --> 01:22:53.320
their copyright material. You know, if you're trying to refer

1623
01:22:53.320 --> 01:22:58.320
to things, there's way to refer to things, but I do not grab

1624
01:22:58.320 --> 01:23:02.880
other people's material. I mean, I had someone who is really good

1625
01:23:02.880 --> 01:23:05.320
at running challenges, and they were running a challenge. And

1626
01:23:05.320 --> 01:23:10.640
they had, like, a really famous logo from another entity right

1627
01:23:10.640 --> 01:23:14.240
at the top. And they sent it around and say, Hey, does

1628
01:23:14.240 --> 01:23:17.120
anybody have any problems with this? And I was like, Whoa,

1629
01:23:17.120 --> 01:23:23.720
whoa, stop, stop immediately. And so I jumped in. And, you

1630
01:23:23.720 --> 01:23:25.720
know, instead, right, you need to remove this logo here, get

1631
01:23:25.720 --> 01:23:28.400
rid of that, move that trademark away, go that using a

1632
01:23:28.400 --> 01:23:30.880
descriptive manner instead do that. But that's where you need

1633
01:23:30.880 --> 01:23:34.000
a lawyer involved. So they can see your specific implementation

1634
01:23:34.000 --> 01:23:38.720
and they can say, Okay, you're using this descriptively here,

1635
01:23:38.720 --> 01:23:42.240
you're kind of, you know, here, you're not here, it's kind of

1636
01:23:42.240 --> 01:23:44.720
fair use, you know, so there's different things. Now, when

1637
01:23:44.720 --> 01:23:47.160
you're writing a book, it becomes difficult to argue fair

1638
01:23:47.160 --> 01:23:50.480
use, because fair use is usually, I actually covered fair

1639
01:23:50.480 --> 01:23:56.120
use before. And I think there's a link. And if not, I'll see if

1640
01:23:56.120 --> 01:23:58.760
I can drop it for you. Okay, there's a link that kind of

1641
01:23:58.760 --> 01:24:02.960
talks about fair use, and what qualifies. But typically,

1642
01:24:02.960 --> 01:24:05.440
there's, you're not making any money on it. Typically, it's a

1643
01:24:05.440 --> 01:24:09.600
short timeline. You know, there's an attribution, there's

1644
01:24:09.600 --> 01:24:13.040
a whole bunch of criteria to fall into this one exception to

1645
01:24:13.040 --> 01:24:16.960
the rules of fair use. And so if you're writing a book, you've

1646
01:24:16.960 --> 01:24:19.360
got more than enough time to seek, you know, to seek

1647
01:24:19.360 --> 01:24:22.600
permission, you're going to make money on it. So that's, that's

1648
01:24:22.600 --> 01:24:25.400
two things that are negative right there. Right? You

1649
01:24:25.400 --> 01:24:27.600
shouldn't be using the trademarks of other parties

1650
01:24:27.600 --> 01:24:32.400
there. Unless you're, you know, if it's, what I would do is, I

1651
01:24:32.400 --> 01:24:34.480
would touch base with an attorney just to look at your

1652
01:24:34.480 --> 01:24:38.560
specific use situation. So as you're, as you're, if you're

1653
01:24:38.560 --> 01:24:41.960
drafting your book, and you have multiple scenarios, I would get

1654
01:24:41.960 --> 01:24:45.320
them all together. And then have one sit down with the

1655
01:24:45.320 --> 01:24:49.640
lawyer and say, Hey, here's I have my own book. Here's a few

1656
01:24:49.640 --> 01:24:51.920
examples of what I'm doing. Can you confirm that this is a

1657
01:24:51.920 --> 01:24:55.440
problem or not? Right? And now what you're doing is, bam,

1658
01:24:55.440 --> 01:24:57.360
they're looking at they're analyzing, it's right in front

1659
01:24:57.360 --> 01:24:59.680
of you're limiting the time. Okay.

1660
01:25:00.000 --> 01:25:02.800
you know, as opposed to, Hey, I've got a book.

1661
01:25:02.800 --> 01:25:03.800
Can you look at my book?

1662
01:25:03.800 --> 01:25:06.200
It's like, yeah, I got you.

1663
01:25:06.960 --> 01:25:07.460
Perfect.

1664
01:25:07.880 --> 01:25:08.380
Yeah.

1665
01:25:09.800 --> 01:25:10.300
Good.

1666
01:25:10.680 --> 01:25:13.960
Hey, on that same subject, since you're going to do question, um, I see so

1667
01:25:13.960 --> 01:25:18.920
many people out there, you know, posting images, a quote, or something from

1668
01:25:18.920 --> 01:25:23.040
someone, and it might have a copyright or the name of the person, but they just

1669
01:25:23.040 --> 01:25:25.480
like, you know, just post it on their profiles, right?

1670
01:25:25.480 --> 01:25:26.560
They use it on the materials.

1671
01:25:26.560 --> 01:25:28.320
Maybe they do a presentation, right?

1672
01:25:28.840 --> 01:25:32.440
Is it okay for me to say that again, Miguel?

1673
01:25:32.520 --> 01:25:32.840
Good.

1674
01:25:32.840 --> 01:25:33.160
Sorry.

1675
01:25:33.160 --> 01:25:34.000
You broke up a second.

1676
01:25:34.000 --> 01:25:34.680
Go ahead and say it again.

1677
01:25:35.600 --> 01:25:36.100
Yeah.

1678
01:25:36.120 --> 01:25:39.960
What I'm saying is I see so many people on their slides on presentations, you

1679
01:25:39.960 --> 01:25:44.240
know, using someone else's artwork, someone else's material, and just because

1680
01:25:44.240 --> 01:25:49.200
it says by this person, right, uh, they feel like they're giving credit to the

1681
01:25:49.200 --> 01:25:51.000
author is what I just heard you say.

1682
01:25:51.000 --> 01:25:52.080
I know it's not legal advice.

1683
01:25:52.080 --> 01:25:55.880
It's like, stay away from reposting people's images from sharing other

1684
01:25:55.880 --> 01:25:59.440
people's work, even, even if you give credit to them, it doesn't mean that

1685
01:25:59.440 --> 01:26:01.880
they authorize you to post that in their name.

1686
01:26:01.880 --> 01:26:03.480
Oh yeah, I've seen people get sued for that.

1687
01:26:03.760 --> 01:26:08.840
I've seen, I mean, look, it's like, you know, I, let's say you just decided to

1688
01:26:08.840 --> 01:26:13.440
take a chapter out of Stephen King's book and you're like, you know, and I'm

1689
01:26:13.440 --> 01:26:16.280
coming up with a story and I'm going to copy and paste this chapter here.

1690
01:26:16.280 --> 01:26:17.000
Here it is.

1691
01:26:17.560 --> 01:26:19.480
You know, I mean, you're going to get sued.

1692
01:26:20.520 --> 01:26:21.400
You're going to get sued.

1693
01:26:21.400 --> 01:26:24.720
Even if you give them credit, you cannot take something out of context just in

1694
01:26:24.880 --> 01:26:28.760
a great chapter from Stephen King, from his book, blah, blah, blah.

1695
01:26:28.760 --> 01:26:31.640
And it's like, no, no.

1696
01:26:31.680 --> 01:26:34.640
So what I'm going to do is I'll put the link for public use.

1697
01:26:34.680 --> 01:26:35.080
Right.

1698
01:26:35.400 --> 01:26:40.520
But then what you should do is in your specific scenarios, if you're trying to,

1699
01:26:40.520 --> 01:26:44.200
like, if you're trying to make reference to somebody's material, whatever, I would

1700
01:26:44.200 --> 01:26:47.880
present those specific scenarios with exactly what you're doing to your attorney.

1701
01:26:48.600 --> 01:26:48.960
Right.

1702
01:26:49.000 --> 01:26:52.600
In general, if you can describe something without using their material,

1703
01:26:52.840 --> 01:26:54.000
that's the best way to do it.

1704
01:26:54.480 --> 01:26:58.640
You know, you can you can mention the book, you know, say, hey, there's a book here.

1705
01:26:58.680 --> 01:27:02.280
Yeah. I got to jump off to actually we're going to jump.

1706
01:27:02.640 --> 01:27:06.600
Actually, let me check something real quick, because I have a hearing with court.

1707
01:27:08.880 --> 01:27:11.520
And I think it's two o'clock, not one thirty.

1708
01:27:11.520 --> 01:27:12.720
Let me just triple check.

1709
01:27:15.600 --> 01:27:16.720
Calendar.

1710
01:27:19.960 --> 01:27:21.400
Yeah, it's at two o'clock, so I'm good.

1711
01:27:21.440 --> 01:27:22.800
I've got like another two minutes.

1712
01:27:23.560 --> 01:27:27.480
Yeah, like when Pedro says like not to use your words, once anybody mentions

1713
01:27:27.480 --> 01:27:30.600
anybody else's work, it's better to describe it, right, to show something.

1714
01:27:30.600 --> 01:27:34.760
So you're like, oh, Miles Monroe said this or says this.

1715
01:27:34.760 --> 01:27:36.960
Right. Instead of like, you know, taking.

1716
01:27:36.960 --> 01:27:38.880
Yeah, it's more it's more of the top.

1717
01:27:39.480 --> 01:27:42.560
Right. So what you don't do is you don't copy and paste all their stuff.

1718
01:27:42.560 --> 01:27:46.480
And what even when you're doing this attribution stuff, you got to be careful

1719
01:27:46.480 --> 01:27:49.520
because some people are asking, well, does that fall in the public use?

1720
01:27:49.520 --> 01:27:50.720
Does not fall in the public use?

1721
01:27:51.120 --> 01:27:52.640
It depends on what you're doing.

1722
01:27:52.640 --> 01:27:57.840
I mean, it's it's a lawyer answer, but, you know, litigation is very specific.

1723
01:27:58.680 --> 01:28:02.920
And so whatever your scenario is presented before an attorney and say, hey,

1724
01:28:03.400 --> 01:28:05.240
this is what I'm going to do.

1725
01:28:05.240 --> 01:28:09.280
There's no general rule that says attribution

1726
01:28:09.280 --> 01:28:12.040
by using five words or less is permissible.

1727
01:28:12.880 --> 01:28:14.600
That does not exist.

1728
01:28:14.600 --> 01:28:18.880
Or there's no general saying if you if you copy somebody else's image

1729
01:28:18.880 --> 01:28:21.640
or flow chart, but you give them attribution, that's OK.

1730
01:28:21.960 --> 01:28:24.120
That does not exist.

1731
01:28:24.120 --> 01:28:28.480
You need to like look at your specific scenario, how you're doing it

1732
01:28:28.480 --> 01:28:33.840
and determine if you're doing it in a fair use way or if attribution will be OK.

1733
01:28:35.040 --> 01:28:37.080
That's why that's when you speak to a lawyer.

1734
01:28:37.080 --> 01:28:39.080
You really need to talk to an attorney,

1735
01:28:39.080 --> 01:28:41.000
especially if you're going to make money on this thing.

1736
01:28:41.000 --> 01:28:43.760
Now, what I'm not saying is, well, if you're not making money, who cares?

1737
01:28:43.760 --> 01:28:45.760
I did not say that.

1738
01:28:46.600 --> 01:28:50.120
It doesn't matter because you can essentially take something

1739
01:28:50.120 --> 01:28:53.960
that's very important to me and start distributing my content

1740
01:28:53.960 --> 01:28:57.320
without my permission, I'll be ticked off about that.

1741
01:28:58.320 --> 01:29:01.720
Like everybody here has received the security sheet.

1742
01:29:02.360 --> 01:29:05.360
If people start distributing that security sheet to others,

1743
01:29:05.880 --> 01:29:08.920
that's going to bother me why it took time to make that.

1744
01:29:09.400 --> 01:29:14.000
It helps to drive drive a specific point very fast.

1745
01:29:14.440 --> 01:29:17.960
Like you look at that sheet, you can identify your situation in a second.

1746
01:29:19.000 --> 01:29:22.360
And I use specific colors that didn't shock your system.

1747
01:29:22.720 --> 01:29:24.760
So it wasn't intimidating.

1748
01:29:24.760 --> 01:29:27.240
And that's a legal document.

1749
01:29:27.240 --> 01:29:30.280
So you're actually able to look at that thing, feel comfort.

1750
01:29:30.280 --> 01:29:32.280
Oh, there's different comforting colors there.

1751
01:29:32.520 --> 01:29:34.040
They're kind of coordinated.

1752
01:29:34.040 --> 01:29:36.360
It's not so intimidating as a legal document.

1753
01:29:37.400 --> 01:29:39.440
Like that took time and effort to make.

1754
01:29:39.440 --> 01:29:43.160
Now, if other people here say, oh, here, I'm going to look at Peter

1755
01:29:43.160 --> 01:29:47.800
has a program and here's a copy of his of his security sheet.

1756
01:29:48.960 --> 01:29:51.880
That's going to be a problem for me, because now whether you meant

1757
01:29:51.880 --> 01:29:55.480
to give me credit or not, you just took my material and gave it to the public.

1758
01:29:56.800 --> 01:29:59.480
So now I have no control over it, like I can't stop it.

1759
01:30:00.960 --> 01:30:03.560
So I don't know who your audience is.

1760
01:30:03.560 --> 01:30:05.640
So now your audience grabs it and say,

1761
01:30:05.640 --> 01:30:06.960
oh, Miguel had this thing

1762
01:30:06.960 --> 01:30:09.800
and this is really cool document here, check this out.

1763
01:30:09.800 --> 01:30:12.280
Oh, and by the way, Peter Nieves created it.

1764
01:30:12.280 --> 01:30:14.800
Well, now that's another party that's using the material

1765
01:30:14.800 --> 01:30:17.200
and it just goes out.

1766
01:30:17.200 --> 01:30:19.660
And now what happens is the service

1767
01:30:19.660 --> 01:30:21.560
that the individual is trying to provide

1768
01:30:21.560 --> 01:30:23.320
to protect the people that they're training

1769
01:30:23.320 --> 01:30:26.600
and the hard work that they've done has been diluted,

1770
01:30:26.600 --> 01:30:29.320
has been given to others

1771
01:30:29.320 --> 01:30:31.120
and they can't control it.

1772
01:30:31.120 --> 01:30:33.940
So that's why the federal registration becomes important.

1773
01:30:33.940 --> 01:30:35.640
That's why you wanna give,

1774
01:30:35.640 --> 01:30:38.240
make sure what you're doing is okay

1775
01:30:38.240 --> 01:30:40.320
and that's why you wanna involve a lawyer.

1776
01:30:40.320 --> 01:30:42.880
And with that, I think we'll stop there.

1777
01:30:42.880 --> 01:30:44.760
We covered a lot of really good material here.

1778
01:30:44.760 --> 01:30:46.320
How do you guys feel about this?

1779
01:30:46.320 --> 01:30:47.720
Is that good?

1780
01:30:47.720 --> 01:30:49.560
Yeah, awesome, yeah.

1781
01:30:49.560 --> 01:30:51.100
So in summary,

1782
01:30:53.320 --> 01:30:56.040
if I had to keep it really simple for you,

1783
01:30:56.040 --> 01:30:56.960
trademark searches,

1784
01:30:56.960 --> 01:30:59.240
when you got the final term that you wanna go with,

1785
01:31:00.040 --> 01:31:00.960
hire a professional, right?

1786
01:31:00.960 --> 01:31:03.880
I wanna keep this very black and white, okay?

1787
01:31:03.880 --> 01:31:05.360
When you get the final term you wanna use,

1788
01:31:05.360 --> 01:31:08.340
hire a professional to do the search on that final term.

1789
01:31:08.340 --> 01:31:09.960
When you're doing trademark application,

1790
01:31:09.960 --> 01:31:11.600
do all the background work yourself.

1791
01:31:11.600 --> 01:31:12.440
When you're gonna file,

1792
01:31:12.440 --> 01:31:14.520
hire a professional to actually file it.

1793
01:31:14.520 --> 01:31:16.320
If at some point you feel comfortable,

1794
01:31:16.320 --> 01:31:18.920
that's between you, the Lord,

1795
01:31:18.920 --> 01:31:20.800
and what you so choose, right?

1796
01:31:20.800 --> 01:31:23.160
But nobody's saying to go out there

1797
01:31:23.160 --> 01:31:24.400
and do it all yourself.

1798
01:31:24.400 --> 01:31:25.520
Can you?

1799
01:31:25.520 --> 01:31:27.160
Absolutely.

1800
01:31:27.160 --> 01:31:28.200
But that's between you.

1801
01:31:28.200 --> 01:31:29.720
You know your own comfort levels.

1802
01:31:29.720 --> 01:31:30.600
You know what you can do.

1803
01:31:30.600 --> 01:31:32.480
You know what you can't do.

1804
01:31:32.480 --> 01:31:34.240
Right now, you're just starting.

1805
01:31:34.240 --> 01:31:36.180
You're just learning this stuff.

1806
01:31:36.180 --> 01:31:37.520
Some of you already know it.

1807
01:31:37.520 --> 01:31:39.720
So I know who you are.

1808
01:31:39.720 --> 01:31:41.440
You've already emailed me and texted me,

1809
01:31:41.440 --> 01:31:43.360
and I know you're well on your way and you're doing great.

1810
01:31:43.360 --> 01:31:44.400
And that's awesome.

1811
01:31:44.400 --> 01:31:46.200
Praise God, that's what I want.

1812
01:31:46.200 --> 01:31:48.920
But when you're starting out, you need training wheels.

1813
01:31:48.920 --> 01:31:51.600
You don't go down on a BMX bike,

1814
01:31:51.600 --> 01:31:55.120
a hill that has a huge incline with a jump.

1815
01:31:56.120 --> 01:31:58.920
You know, especially when you're up in the air after the jump

1816
01:31:58.920 --> 01:32:00.960
and you can't go backwards and change what you did.

1817
01:32:00.960 --> 01:32:02.120
Now you're in the air.

1818
01:32:03.440 --> 01:32:04.720
I see everything in images.

1819
01:32:04.720 --> 01:32:06.040
So there you go.

1820
01:32:06.040 --> 01:32:09.020
So let's keep, make sure that you're,

1821
01:32:09.020 --> 01:32:11.400
you know how to ride without training wheels first,

1822
01:32:11.400 --> 01:32:13.000
and then you can figure out what you can do after.

1823
01:32:13.000 --> 01:32:15.360
That's between yourself and the Lord.

1824
01:32:15.360 --> 01:32:16.600
So bless you all.

1825
01:32:16.600 --> 01:32:18.880
Have an awesome week.

1826
01:32:18.880 --> 01:32:21.280
And I will see you next time.

1827
01:32:21.280 --> 01:32:23.920
Make sure to email me questions beforehand.

1828
01:32:23.960 --> 01:32:26.800
We're going to start out the next time with software.

1829
01:32:26.800 --> 01:32:29.600
So all of you software people and other people that you know

1830
01:32:29.600 --> 01:32:31.880
that are in the portal that deal with software,

1831
01:32:31.880 --> 01:32:34.120
make sure they're in because we're going to go deep

1832
01:32:34.120 --> 01:32:37.580
in the software with some stuff that you likely don't know.

1833
01:32:37.580 --> 01:32:38.580
Okay?

1834
01:32:38.580 --> 01:32:39.420
All right, bless you all.

1835
01:32:39.420 --> 01:32:40.240
Take care.