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Welcome to the protect your idea challenge day one.

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Welcome.

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So happy to see everyone coming in.

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We are going to have a fantastic time.

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Welcome everyone.

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Hello, people.

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I love to see the clapping.

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I love to see everyone on screen.

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Ready, ready, ready, ready tonight, today.

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I don't know if we have anybody from down under.

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But hello, my name is Larissa Luck and I am your hostess for the protect your idea challenge.

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We are going to navigate as we go forward.

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If you've never been in a challenge before, it's kind of like a workshop.

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With a whole lot more fun.

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We're going to be together for the next five days.

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Learning, learning, learning, learning so much.

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We're going to be using the marvelous, glorious expertise of Mr. Peter Nieves.

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Who is going to help us properly protect our ideas, our patents, our trademarks, our copyrights.

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Figure out which is which.

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Where we should go, what we should do, what we should have done and what we can do now to move forward.

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If you have a laptop, or any type of PC that's not a mobile device, and you have the ability to open your chat.

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Go on down to the bottom of your Zoom screen, where it says chat and open your chat.

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We would love to see, drop where you are, where you are from.

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What city, county, not necessarily county, I meant country.

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Region, what time is it where you're at?

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I'm in Calgary, Alberta.

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That's a change.

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Some of you may not know that.

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I used to be, as of a few weeks ago, in Maryland, USA.

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Now I sit in Calgary, Alberta.

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I'm on mountain time.

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Good to see you, Pamela.

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Good to see you, Tim.

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Poppy.

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Oh, yay.

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Daryl and Sally.

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Frank and Terry.

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Shelly and Natalie.

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We do, if you've never been in a challenge before, we do use the chat.

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We do like to, and in there, you can put reactions to what's going on, your thoughts.

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That makes it more interactive.

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We learn from each other.

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You're like, oh, I have the Zoom thing down.

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Larissa, we've been Zooming for two plus years, right?

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Well, yes, we have.

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And the chat is part of what makes challenge so much fun.

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You can put your questions in the chat when you need some clarification.

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And this challenge does have two parts of it.

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If you signed up for the $95 workshop challenge, there is a VIP option.

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Maybe you missed that.

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I will be dropping a link that you could still.

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Now, why would I go VIP, Larissa?

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We'll talk a little bit more about this.

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But in the first main session, Peter is going to do mostly teaching.

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He's got a very structured agenda for the next five days.

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It's fun.

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And it's where we can just lay out the basics around trademarks, copyrights, and patents to give you, you know,

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just some basic rudimentary information that is not so well-known.

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If everybody knew it, we wouldn't have to do this.

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But the second session, the VIP session, is where he goes more in-depth.

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And he does take questions pertinent to your scenarios.

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And we will have fun there.

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So good to see everybody coming in.

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This is going to be a fantastic week.

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Judy Miller, John Miller, Nick Sozo.

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Great to see you.

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If you're just popping in, my name is Larissa Luck.

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I'm your hostess for the Product Your Idea Challenge.

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And we're just asking everybody to say hey, get your chat open, and tell us where you're tuning in from.

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What city, what state, what province, what country.

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What's the weather like?

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It's cold here in Calgary, where I'm at.

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I'm in Calgary, Alberta.

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And I'm looking at the temperature at my house, which is back in Maryland.

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It's 81 degrees Fahrenheit today.

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That is not the snow I'm looking at outside.

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But we're having a great day.

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So good to have everyone here.

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Hey, Jennifer Minto.

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Oh, Sridhar.

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Judy Miller.

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I've said some of these names.

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Who else is coming in?

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There's so many great folks.

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So great to meet you all.

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We're going to give up.

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It's just the top of the hour right now.

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We'll give a few more time.

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I just started into the Facebook group.

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Nice to have you here.

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This is us from Kansas City.

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You can there on Central.

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Camera, that way Peter can feel like he's really

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talking straight to you.

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If you don't know how to put a picture in your Zoom,

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well, there's another lesson we could go over,

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but we're not going to right now.

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And Peter's going to be with us in just a few minutes.

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So if you've never been in a challenge before, we welcome

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you, we welcome you, we welcome you.

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And if you don't have your name on your Zoom profile,

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you can go to the top of your little thing.

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And if it says iPhone, I don't see anybody having this issue

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right now.

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But if you're using somebody else's,

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I mean, we're not going to call you out.

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But try to have your name there.

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It helps with the interaction with the classroom.

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And I'm going to do something right here, too,

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so you know who I am, so it makes sense.

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Who are you really?

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I like that, Felicia.

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We have been interacting today.

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We've been on some other Zooms.

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It's so good to see you.

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Nice to meet you.

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Ms. Almost Newlywed.

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Almost, almost, almost.

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We are so close.

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So good to see everyone.

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Mark, Kathleen, Terry, Daryl.

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You guys are going to be served in a way

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that you have never been served before.

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Peter is amazing.

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And he is a lawyer with heart.

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If you have not had a chance to hear him speak or interact

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with him in any way, he's no ordinary lawyer.

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So you're going to be in for a treat this week.

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His kindness and tenderness and how he teaches and helps

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us non-lawyer types.

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Because I am not a lawyer, just a disclaimer there.

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I'm just here to help run the show

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and make you all feel at home.

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So I am looking over here.

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If you don't have your chat open,

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we encourage you, if you are on a device where

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you can see the screen, a non-mobile device usually,

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and have your chat open.

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If you're a note taker and you like

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to type notes in the chat, we encourage that.

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That way we can see what you're getting

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and what you're not getting.

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It helps other people catch things.

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Like you ever listen to something

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and the speaker just keeps going and then you're still

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processing that point like three minutes ago?

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Well, we're all here to help each other.

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So we are just really excited to have you here.

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Hey, Rick.

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Great to see you.

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Kristen's back.

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Hello.

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Hey, how's everybody doing?

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How are you guys?

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Awesome.

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I see a lot of you guys that I recognize.

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A lot of people I don't recognize.

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That's phenomenal.

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This is great.

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Hey, it's really good to see all of you guys.

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There is a lot going on in life right now, which is perfect,

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because we're going to try to bring order

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to a lot of things in our time together.

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So for those of you who have never met me before,

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my name's Peter Nieves.

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I've been an IP attorney for 25 years.

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I handle patents, trademarks, copyrights, trade secrets,

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litigation, prosecution.

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I'm an adjunct professor of intellectual property law.

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I have a lot of friends here who I recognize

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and who I love, which is amazing.

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And I'm about to make some new friends, which is phenomenal.

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I want to just kind of take a moment and just welcome you.

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So what we're going to be going into is deep.

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Some of this stuff is very deep.

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Some of you who have been here before know just how deep,

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because after day one, I get smothered with emails

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where people go, oh my gosh, I've

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been doing everything wrong.

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It's the end of the world.

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What am I going to do?

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And everybody's freaking out.

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So this is where I want to start, everyone.

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I want everybody to type in the chat, knowledge is power.

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Now, this is not a Tony Robbins show.

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I love Tony Robbins.

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That's not what this is.

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But I want you to understand something.

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The knowledge you're going to obtain here,

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just type in the chat, knowledge is power.

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The knowledge you're going to obtain here

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is to help you understand things,

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to get into a better position than you're in already.

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to make your life better, to help you financially,

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to help people stop stealing your stuff,

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to make it so you don't potentially

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infringe upon other people's stuff.

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It's to make things better for you, all right?

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Now, how many of you realize that sometimes

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when you obtain new knowledge,

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the mind goes right to this area of fear, right?

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It's like, oh my gosh, like I've been doing this wrong

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forever, this is horrible, right?

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No, the fact that you've lived life without realizing

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that you can drink water, which is great,

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but all of a sudden you realize,

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hold it, I can bathe with water.

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Now, that's a good thing.

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That means other people will like being

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in your presence, right?

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That's good.

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But in that moment, you don't wanna stop and think,

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oh my gosh, I've gone through my whole life

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without taking a bath, this is horrible.

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No, don't go there.

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Just realize I can now take a bath, okay?

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Let's stick into the positive areas, guys.

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It's all gonna be good.

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I promise you, you'll obtain great knowledge,

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great revelation.

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Your companies are gonna be transformed, which is great.

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It's all good stuff, so don't freak out.

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And some of you are thinking, I'm not gonna freak out,

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just wait till later.

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Let's think about three quarters through.

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When some of you realize you've been using a circle R

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when you're not allowed to do that,

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and you can actually be sued for tortious interference

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with business practice or unfair business practice

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because you've been using a circle R

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and other things like that,

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that knowledge is to help you change things,

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not to freak you out, okay?

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So we're all gonna take it day by day, all right?

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So let me give you a little background about myself.

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I told you what I do, but let me tell you who I am.

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So I'm a father, I have two daughters,

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a husband, live in New Hampshire by choice.

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We have a lake house out here.

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I mean, I could work in Massachusetts.

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I actually do work in Massachusetts.

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I represent MIT, Harvard, other clients around the world,

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global IP portfolio management.

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Absolutely love what I do, right?

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I choose New Hampshire because it's quiet,

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because it's peaceful.

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And so I can get my mind around things

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and I can help people around the world.

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Because how many people here actually work remote?

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Just raise your hand.

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There's a lot of people who work remote, right?

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So with this whole COVID thing and all this other stuff,

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a lot of people decided to start working remote, all right?

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So when you start to build businesses

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because you're working remote, some people left their jobs.

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Some people started new corporations.

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All the stuff you're going to learn here

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is going to help that, okay?

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Now, just a real quick extra tidbit about me.

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I'm all about protection, all right?

261
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What I mean by that is I was raised by a single mom.

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I'm Puerto Rican.

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I was born in the projects of Brooklyn, okay?

264
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So I'm all about protection, okay?

265
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So when I see new ideas being downloaded upon individuals

266
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and I see people running businesses

267
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and they're doing things wrong,

268
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Claudia's actually in Brooklyn.

269
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Come on, that's awesome.

270
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It is not the same Brooklyn that I grew up in.

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Can I just say that for a moment?

272
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When I grew up, there were no people walking around

273
00:13:06.440 --> 00:13:08.640
at two in the morning to go get Chinese food.

274
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Like those people would have been mugged, right?

275
00:13:10.600 --> 00:13:11.760
It's not the same.

276
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It's a different Brooklyn, okay?

277
00:13:14.280 --> 00:13:17.080
So with that being said, I just want you to understand

278
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as the angle that I'm taking on a lot of these things,

279
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I have a lot of knowledge and wisdom in this area.

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So I'm going to be providing you with guidance.

281
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Now, in the chat, you can type questions,

282
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but if you really want that full experience

283
00:13:29.760 --> 00:13:33.520
of like emailing me questions and asking me questions live

284
00:13:33.520 --> 00:13:36.840
and possibly doing hot seats, that's VIP.

285
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VIP does that all day long.

286
00:13:38.800 --> 00:13:42.080
So who are my VIPers who have been in VIP before?

287
00:13:42.120 --> 00:13:45.240
All right, so the people who have been in VIP,

288
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you're going to see this.

289
00:13:46.320 --> 00:13:48.440
You can actually email me directly

290
00:13:48.440 --> 00:13:50.640
and I'll review all your questions.

291
00:13:50.640 --> 00:13:52.560
And as I'm reviewing all your questions,

292
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I'll find topics to go over during VIP

293
00:13:55.600 --> 00:13:58.040
and I'll select a few of you to answer your questions.

294
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Now, here's the thing.

295
00:13:59.280 --> 00:14:02.440
This is a tradition for the Protect Your Idea Challenge.

296
00:14:02.440 --> 00:14:06.920
Bring some kind of vessel of water would be good, not vodka.

297
00:14:06.920 --> 00:14:10.080
Okay, water would be good, okay?

298
00:14:10.080 --> 00:14:12.720
Because whenever I say this is not legal advice,

299
00:14:12.720 --> 00:14:13.840
you're going to see a lot of people

300
00:14:13.840 --> 00:14:15.440
just taking this way, all right?

301
00:14:16.720 --> 00:14:19.680
And the reason why is because I say that a lot.

302
00:14:19.680 --> 00:14:22.080
Because I'm not allowed to give you legal advice

303
00:14:22.080 --> 00:14:23.880
because I'm not your attorney,

304
00:14:23.880 --> 00:14:27.120
but I am allowed to guide you as if I would

305
00:14:27.120 --> 00:14:30.480
in a continuing legal education environment, all right?

306
00:14:30.480 --> 00:14:32.920
I'm also an adjunct professor of IP law,

307
00:14:32.920 --> 00:14:35.640
so I train people on these things.

308
00:14:35.640 --> 00:14:36.760
But as I'm going along,

309
00:14:36.760 --> 00:14:40.160
if you ask a question that really requires legal advice,

310
00:14:40.160 --> 00:14:42.640
I'm going to tell you, this is not legal advice.

311
00:14:42.640 --> 00:14:43.720
You're going to see a lot of people

312
00:14:43.720 --> 00:14:45.120
picking up the thing and drinking.

313
00:14:45.120 --> 00:14:46.680
That's just a tradition.

314
00:14:46.680 --> 00:14:48.600
It goes back a while, right, Larissa?

315
00:14:48.600 --> 00:14:49.960
It's been a while.

316
00:14:49.960 --> 00:14:51.680
All right, let me introduce Larissa.

317
00:14:51.680 --> 00:14:54.800
Larissa Luck, she's amazing.

318
00:14:54.800 --> 00:14:56.880
She helps me out with all this.

319
00:14:56.880 --> 00:14:59.400
Please treat her with the exact same level of respect

320
00:14:59.400 --> 00:15:00.800
that you would treat myself.

321
00:15:00.000 --> 00:15:05.600
self. You're also going to meet at some point Ray Carter. She runs a lot of the back end,

322
00:15:06.560 --> 00:15:11.680
meaning she's like the operations manager. We have other people that are helping out.

323
00:15:11.680 --> 00:15:19.680
If you run into issues, email support at elite-challenges.com. Larissa, can you type that

324
00:15:19.680 --> 00:15:25.600
into chat? Okay. That's where you want to email your questions, okay? Because it's just going to

325
00:15:25.600 --> 00:15:31.280
be easier for us to see them in email, and then we can go in and interact with you. Now,

326
00:15:32.400 --> 00:15:38.160
there are people still trying to sign up right now, all right? And this happens every single

327
00:15:38.160 --> 00:15:43.920
challenge. A lot of people want to sign up last minute, and that's fine. One of the disadvantages

328
00:15:43.920 --> 00:15:48.560
of signing up at the last minute is that you don't get to go live for me to actually customize

329
00:15:48.560 --> 00:15:52.640
the challenge for you, but that's all right. That's all right. Now, if you're in this challenge

330
00:15:52.640 --> 00:15:57.520
and you're thinking, I really want to be in that VIP experience that's really important to me.

331
00:15:58.640 --> 00:16:04.080
Larissa already dropped. Larissa, you're amazing. You know what? I'm just going to leave. Larissa's

332
00:16:04.080 --> 00:16:09.040
going to do the rest of this. I don't think you need me anymore. No? I'll just continue? All

333
00:16:09.040 --> 00:16:14.240
right. Very cool. I am not the lawyer, remember. Okay. All right. I'm just saying, because you

334
00:16:14.240 --> 00:16:21.120
already got things rolling. Feel free to click on that link and jump in. It's a separate link.

335
00:16:21.120 --> 00:16:24.880
We're going to do a lot of introduction stuff now, because we're going to be together for five

336
00:16:24.880 --> 00:16:29.440
days, one hour a day. I want to make sure you understand the administrative stuff now, because

337
00:16:29.440 --> 00:16:34.160
we're jumping right in deep and within five minutes. So I want to finish off the administrative

338
00:16:34.160 --> 00:16:42.240
stuff now. So again, VIP, if you want to jump in, click on the link. It's a separate Zoom link,

339
00:16:43.200 --> 00:16:49.920
okay? Just so everybody understands, it's not the same Zoom link. If you try to jump in at 8.15,

340
00:16:49.920 --> 00:16:54.960
you're going to be looking at a black screen. Nobody's going to be there, okay? All right. So

341
00:16:54.960 --> 00:16:58.880
you're going to want to go to a different link that's going to come in a separate email. Now,

342
00:16:58.880 --> 00:17:06.079
if you sign up and you say, I can't find the link, or maybe it's in your junk folder,

343
00:17:06.079 --> 00:17:11.200
look in your junk folder, look in any other areas of your email just to double-check where that is.

344
00:17:11.200 --> 00:17:16.240
If you still can't find it, ping Larissa, ping myself, and we'll get you the link so you can

345
00:17:16.240 --> 00:17:23.680
get in right after. The challenge goes from 7 to 8 p.m., although inevitably, I think I'm always

346
00:17:23.680 --> 00:17:28.640
over, right, Larissa? Yeah, about like five to ten minutes, almost every single time. And then

347
00:17:29.680 --> 00:17:35.840
the VIP starts at 8.15. So we give a break for like a short period for bio breaks and,

348
00:17:35.840 --> 00:17:40.960
you know, hug the dog, put the kitties to bed, you know, whatever you're doing, and then we jump in

349
00:17:40.960 --> 00:17:47.680
at 8.15, okay? I think that's good for the administrative stuff for now. We'll have some

350
00:17:47.680 --> 00:17:53.280
other stuff that we'll go over in time, but I think for now that's pretty good. Now, yeah,

351
00:17:53.280 --> 00:18:00.080
go ahead, Larissa. I think it's a good place to remind everybody that as part of their challenge,

352
00:18:00.080 --> 00:18:05.600
if you just sign up for the regular challenge, you get replays for 30 days, but if you go VIP,

353
00:18:05.600 --> 00:18:10.320
you have access to your replays, which will come via email, and Peter will talk about this,

354
00:18:10.320 --> 00:18:15.760
for 90 days. So that's another bonus to go in VIP is you'll have access to all the recordings

355
00:18:15.760 --> 00:18:21.040
for 90 days. Yeah, let me, I'll take a moment just to explain what VIP is. So VIP, yes,

356
00:18:21.040 --> 00:18:26.080
you can email me directly. I don't email you answers back. Everything's done in VIP in the

357
00:18:26.080 --> 00:18:31.360
live session. So I interact with you there. Separate from that, we do a live trademark

358
00:18:31.360 --> 00:18:38.160
application filing, okay? That's unheard of, guys. Like, we go through the USPTO website,

359
00:18:38.800 --> 00:18:43.440
click the buttons so you know what buttons to press. And the reason why I do that is not so

360
00:18:43.440 --> 00:18:47.520
you can go file applications on your own, but so you understand what your attorneys are doing.

361
00:18:47.520 --> 00:18:52.160
This way, you understand how to select your international class. You understand what a

362
00:18:52.160 --> 00:18:57.280
recitation of goods and services is. You understand what a specimen is. You understand, here, here's

363
00:18:57.280 --> 00:19:02.320
the first golden nugget, guys, that some of you don't know. Do you realize that you could file a

364
00:19:02.320 --> 00:19:06.000
trademark application on a trademark that you've never filed, that you never used?

365
00:19:07.840 --> 00:19:13.040
I've had a number of people who have pinged me saying, I want to file a trademark application,

366
00:19:13.040 --> 00:19:17.920
but I'm not using it yet. You don't need to use it yet. It's called an intent to use application.

367
00:19:17.920 --> 00:19:22.960
It's under section 1B. It's a different way of filing trademark applications.

368
00:19:24.160 --> 00:19:29.520
It's called an intent to use application. Ask your lawyer about it. Say, hey, I want to file

369
00:19:29.520 --> 00:19:33.920
section 1B application. And they'll go, how did you know about that? Say, I'm just really smart,

370
00:19:33.920 --> 00:19:38.800
you know, just impress them. So that's called an intent to use application.

371
00:19:38.800 --> 00:19:44.640
So one of the most difficult things to come up with when you're creating a new company is a new

372
00:19:44.640 --> 00:19:49.200
name. See, I'm getting led into trademark law, and I'm not even done with the administrative

373
00:19:49.200 --> 00:19:55.040
stuff, Larissa. You see that? It's my nature to just start giving information to people. So

374
00:19:55.040 --> 00:20:00.000
I'll cover one more administrative thing here. I just dropped into chat a gift for all of you.

375
00:20:00.000 --> 00:20:07.000
Okay, that's your first gift. It's a bonus sheet. Okay, I call it.

376
00:20:07.000 --> 00:20:20.000
I don't like the name cheat sheet. So I called it support sheet, but support sheet just sounds horrible. So it really is a cheat sheet. Okay, so if you actually look at this document.

377
00:20:20.000 --> 00:20:29.000
Oh, that's a great question. Great point. Yeah, I'll answer that in a second, Larissa. So let me show all of you this document real quick. I'm going to share my screen to

378
00:20:29.000 --> 00:20:33.000
Share screen. Boom. Here we go.

379
00:20:33.000 --> 00:20:47.000
How it's a lot of sound effects in here. Okay. All right, here we go. This document I created for you. Okay, I created this for the protector idea challenge.

380
00:20:47.000 --> 00:20:58.000
I'd say 95% of the embodiments of ideas that you may be dealing with is going to be listed here somewhere. If you're a photographer.

381
00:20:58.000 --> 00:21:07.000
All you do is look for photographs. Look straight up. Boom. Copyrights. Copyrights will protect your photographs. If you're dealing with software.

382
00:21:07.000 --> 00:21:16.000
Right, that's anything that's associated with software. Software has two different areas of protection. There's the code itself.

383
00:21:16.000 --> 00:21:31.000
Right. So if you're using CC plus Fortran, HTML code, whatever it is, that's protectable. Just look on the computer program code right there. See that go straight up. Boom. Copyrights for the code.

384
00:21:31.000 --> 00:21:39.000
But then somebody says, well, hold it. What about the process that's associated with the software? The process itself is protectable by patents.

385
00:21:39.000 --> 00:21:43.000
So software may be protectable by copyright for the code.

386
00:21:43.000 --> 00:21:55.000
And also the process behind it can be protectable by patents. We're going to go into more depth here. I just want to introduce this sheet, which I'm giving you as a bonus. Now you're going to notice something on the bottom here.

387
00:21:55.000 --> 00:21:57.000
It's called my copyright notice.

388
00:21:58.000 --> 00:22:07.000
Now, let me take a moment here. Just we're going to have a heart to heart moment here. Okay. So real quick. All right.

389
00:22:07.000 --> 00:22:19.000
25 years I've been an IP attorney. All right. I do litigation prosecution. Okay. Now, just by the grace of God, I have not lost the case yet in court.

390
00:22:19.000 --> 00:22:33.000
Texas, California. It's not me. Clearly, it's not me. I'm not that good. All right. So this just by the grace of God. All right. California, Texas, Connecticut, Massachusetts, New Hampshire, and Florida, I've litigated. Okay.

391
00:22:33.000 --> 00:22:43.000
It's a bad idea to take the material for an individual who handles copyright law for a living and then copy it.

392
00:22:44.000 --> 00:22:57.000
Just a quick note here. Not a good idea. So all this information is for you to use, to bless you to use it, but don't go taking it now and putting it on Facebook. That's called copyright infringement.

393
00:22:57.000 --> 00:23:03.000
Don't go sharing it with your network. That's called copyright infringement. We're going to learn about that on day three.

394
00:23:04.000 --> 00:23:13.000
So I'm giving you these things for your benefit. You paid. I'm just blessing you with this material, but don't go spreading all over the place. Okay.

395
00:23:13.000 --> 00:23:23.000
That was nice. That was a soft way of saying don't copy it. Right. That was nice. Thank you. Good. Good. All right. All right. One other question before we jump into trademarks.

396
00:23:23.000 --> 00:23:32.000
A number of you are probably wondering, well, why isn't he just running it live into Facebook? How many people are wanting that? Just be honest. Yeah, a few people. Okay. All right.

397
00:23:32.000 --> 00:23:41.000
Now, how many of you have actually read the terms and conditions for Facebook when you signed up? Just by a show of hands. Anybody? Word for word? No.

398
00:23:41.000 --> 00:23:51.000
All right. Then I'll be the only one who's left my hand up. Now, that might be why my wife turns away at times when I start talking about legal things because it's kind of boring. All right.

399
00:23:51.000 --> 00:23:59.000
But the fact of the matter is I did look through the agreement. When you put things on Facebook, they obtain certain non-exclusive rights.

400
00:23:59.000 --> 00:24:07.000
So I don't go live streaming directly into Facebook because then they would have a non-exclusive right to my videos.

401
00:24:07.000 --> 00:24:13.000
That means they could then take my videos and create extra works and give it to other people.

402
00:24:13.000 --> 00:24:24.000
You ever wonder why it is on your birthday, a number of your posts, a number of your images, a number of your videos all of a sudden pop up on your screen saying happy birthday.

403
00:24:24.000 --> 00:24:30.000
And all of a sudden it's your own videos and your own pictures. Why? Because Facebook now has rights to your stuff.

404
00:24:30.000 --> 00:24:39.000
Okay. Now, I'm not saying don't use Facebook. That's not what I'm saying. What I'm saying is I'm not using Facebook as an IP attorney because I understand how they work.

405
00:24:39.000 --> 00:24:54.000
So with that being the case, after we're done here, I then take these, do some video editing, upload them into my own space on YouTube or Vimeo, and then I send you a link to it on Facebook so you can access the replays.

406
00:24:54.000 --> 00:25:00.000
All right. Sometimes that's within 24 hours. Sometimes it's within 48 hours. It depends on what's happening.

407
00:25:00.000 --> 00:25:02.040
going on at the time, okay?

408
00:25:02.040 --> 00:25:06.160
But that's why we don't go live into Facebook, okay?

409
00:25:06.160 --> 00:25:07.640
All right, and with that,

410
00:25:07.640 --> 00:25:09.160
I think that's enough administrative stuff.

411
00:25:09.160 --> 00:25:11.880
Yes, it's enough administrative stuff, right?

412
00:25:11.880 --> 00:25:14.720
If you guys have questions, just type it in the chat.

413
00:25:14.720 --> 00:25:17.360
Happy to jump into extra stuff.

414
00:25:17.360 --> 00:25:18.700
Larissa, what's up?

415
00:25:20.400 --> 00:25:21.960
Oh, just saying that I'll be watching

416
00:25:21.960 --> 00:25:23.520
on the administration side.

417
00:25:23.520 --> 00:25:24.680
I'll help them out.

418
00:25:24.680 --> 00:25:26.280
They can DM me or just put it out there.

419
00:25:26.280 --> 00:25:28.880
If you have a question, you're probably not the only one.

420
00:25:28.920 --> 00:25:31.000
So be brave and put it out there.

421
00:25:31.000 --> 00:25:33.080
Right, right, absolutely.

422
00:25:33.080 --> 00:25:34.920
All right, and with that,

423
00:25:34.920 --> 00:25:38.400
let's start jumping into some trademark law, okay?

424
00:25:38.400 --> 00:25:42.300
Today, we're gonna cover the top level trademark law.

425
00:25:43.720 --> 00:25:47.200
Now, when I cover this,

426
00:25:47.200 --> 00:25:50.520
what I try to do is, I've watched your videos.

427
00:25:50.520 --> 00:25:51.920
A number of you have gone live.

428
00:25:51.920 --> 00:25:54.120
Some of you have typed in on the Facebook group.

429
00:25:54.120 --> 00:25:57.940
If you haven't done that, I would encourage you to do that.

430
00:25:57.940 --> 00:26:02.100
Go live, say who you are, what you're looking for.

431
00:26:02.100 --> 00:26:05.860
It lets me know so I can customize the challenge for you.

432
00:26:05.860 --> 00:26:08.860
The reason why is I can cover any area of IP.

433
00:26:08.860 --> 00:26:11.940
I do patents, trademarks, copyrights, and trade secrets.

434
00:26:11.940 --> 00:26:14.580
There's no area of IP I don't cover, okay?

435
00:26:14.580 --> 00:26:16.660
So we can hit anything that you want.

436
00:26:16.660 --> 00:26:18.940
Now, let's kind of touch base on trademarks.

437
00:26:18.940 --> 00:26:23.000
So trademarks are an identification

438
00:26:23.000 --> 00:26:26.380
of a source of goods, right?

439
00:26:26.380 --> 00:26:30.540
Even if you don't know who that source of goods is.

440
00:26:30.540 --> 00:26:32.700
Okay, now that might seem kind of confusing.

441
00:26:32.700 --> 00:26:34.220
Like, what does that really mean?

442
00:26:34.220 --> 00:26:35.940
Identification as to a source of goods,

443
00:26:35.940 --> 00:26:39.740
whether or not you know who the source of goods is.

444
00:26:39.740 --> 00:26:40.780
I'll give an example.

445
00:26:41.820 --> 00:26:43.420
I've used this example a number of times

446
00:26:43.420 --> 00:26:45.900
because a lot of people are not aware of this.

447
00:26:45.900 --> 00:26:50.720
How many people know the company that created Dayquil?

448
00:26:52.220 --> 00:26:55.420
Does anybody know the company that actually created it?

449
00:26:55.420 --> 00:26:56.940
A lot of people don't.

450
00:26:56.940 --> 00:26:59.140
I see one head going, Nick, do you know it?

451
00:27:00.460 --> 00:27:01.300
Unmute, brother.

452
00:27:03.900 --> 00:27:05.740
Let me see if I can unmute it.

453
00:27:05.740 --> 00:27:06.580
Who is it?

454
00:27:06.580 --> 00:27:07.540
Vicks.

455
00:27:07.540 --> 00:27:09.780
Vicks, right, very good, yeah.

456
00:27:09.780 --> 00:27:11.860
A lot of people don't realize it's actually Vicks.

457
00:27:11.860 --> 00:27:13.840
Now, how many people here care?

458
00:27:15.020 --> 00:27:16.100
Yeah, I don't care.

459
00:27:16.100 --> 00:27:18.700
Like, if I'm sniffling, right, nobody cares.

460
00:27:18.700 --> 00:27:21.460
Like, it's like, Vicks, like, if I'm sniffling

461
00:27:21.460 --> 00:27:23.420
and it's during the day and I don't want to fall asleep,

462
00:27:23.420 --> 00:27:25.340
but I want to kind of, you know,

463
00:27:25.340 --> 00:27:26.660
take care of some of the symptoms,

464
00:27:26.660 --> 00:27:28.320
then maybe I take Dayquil.

465
00:27:28.320 --> 00:27:31.340
Now, what are the things that are associated with Dayquil?

466
00:27:31.340 --> 00:27:33.500
There's a certain cost that I know.

467
00:27:33.500 --> 00:27:36.860
Like, it's probably around that $5, $6 area, right?

468
00:27:36.860 --> 00:27:39.060
It's not $50.

469
00:27:39.060 --> 00:27:41.060
Number two, I don't get it at a pharmacy.

470
00:27:41.060 --> 00:27:46.060
Like, I don't have to get a prescription for it, right?

471
00:27:46.540 --> 00:27:50.260
I also have an idea of what the bottle looks like, right?

472
00:27:50.260 --> 00:27:53.260
There's certain characteristics that are associated with it.

473
00:27:54.260 --> 00:27:56.220
Just hearing that name, Dayquil,

474
00:27:56.220 --> 00:27:58.140
I immediately think to myself,

475
00:27:58.140 --> 00:28:01.140
okay, I have an idea of cost.

476
00:28:01.140 --> 00:28:02.260
I know where I can get it.

477
00:28:02.260 --> 00:28:04.800
I know the kind of what I'm going to get out of it,

478
00:28:04.800 --> 00:28:08.240
even though I didn't know that Vicks owned the company.

479
00:28:08.240 --> 00:28:12.460
Now, if I said to April, like, April's over here, okay?

480
00:28:12.460 --> 00:28:14.340
So if I said to April, hey, April,

481
00:28:14.340 --> 00:28:17.100
I'm going to buy you a new pair of sneakers, right?

482
00:28:17.100 --> 00:28:19.440
Now, April, just unmute for a second.

483
00:28:19.440 --> 00:28:21.660
So, like, if I told you I'm going to buy you

484
00:28:21.660 --> 00:28:23.780
a new pair of sneakers, would that make you happy?

485
00:28:23.780 --> 00:28:24.940
I'm just going to give you a pair of sneakers.

486
00:28:24.940 --> 00:28:25.760
Okay.

487
00:28:25.760 --> 00:28:27.260
Now, what if I told you that I was going to get

488
00:28:27.260 --> 00:28:29.020
those sneakers at the dollar store?

489
00:28:29.020 --> 00:28:30.860
Would you still be happy?

490
00:28:30.860 --> 00:28:32.500
Eh, less so.

491
00:28:32.500 --> 00:28:33.540
Right, right, right.

492
00:28:33.540 --> 00:28:37.740
So what if instead I said, you know, I'm going to get you,

493
00:28:37.740 --> 00:28:39.100
instead of getting them at the dollar store,

494
00:28:39.100 --> 00:28:40.540
I'm going to get you Jordan's?

495
00:28:42.260 --> 00:28:44.260
Would that make you a lot happier?

496
00:28:44.260 --> 00:28:45.100
Yes.

497
00:28:45.100 --> 00:28:48.260
Now, do you see how April's mentality changed

498
00:28:48.260 --> 00:28:51.020
just based on a name?

499
00:28:51.020 --> 00:28:52.020
Do you see that?

500
00:28:52.020 --> 00:28:54.140
That's the power of a trademark.

501
00:28:54.140 --> 00:28:56.580
Okay, thank you, April, for playing along.

502
00:28:56.580 --> 00:28:58.220
That's the power of a trademark.

503
00:28:58.220 --> 00:29:03.220
The mere fact that the name or the logo or the slogan

504
00:29:03.780 --> 00:29:08.780
or the color or the smell provides a certain impression,

505
00:29:09.540 --> 00:29:11.800
that is what a trademark's all about.

506
00:29:11.800 --> 00:29:15.580
Your trademarks will draw the consumers to you.

507
00:29:15.580 --> 00:29:18.460
Just hearing that name, the name 100X,

508
00:29:18.460 --> 00:29:19.940
people know there's a certain quality,

509
00:29:19.940 --> 00:29:21.020
there's a certain environment,

510
00:29:21.020 --> 00:29:24.660
there's a certain type of people that are associated with it.

511
00:29:24.660 --> 00:29:26.260
If you hear Tony Robbins.

512
00:29:26.260 --> 00:29:28.260
Now, some people think to themselves,

513
00:29:28.260 --> 00:29:30.660
okay, hold it, Tony Robbins, that's a name.

514
00:29:31.740 --> 00:29:34.420
Does that mean I can protect my name?

515
00:29:34.420 --> 00:29:35.620
How many people here think

516
00:29:35.620 --> 00:29:38.220
that you could actually protect your personal name?

517
00:29:38.220 --> 00:29:39.260
Just raise your hand.

518
00:29:40.420 --> 00:29:44.620
Okay, so here's another thing I'm going to help you out with.

519
00:29:44.620 --> 00:29:49.620
Unless you are famous, chances are very, very, very low

520
00:29:50.420 --> 00:29:54.740
that you'll be able to own your name as a trademark, okay?

521
00:29:54.740 --> 00:29:58.340
Grant Cardone could file for his name as a trademark.

522
00:29:58.340 --> 00:30:00.140
Tony Robbins can file for his name.

523
00:30:00.000 --> 00:30:02.400
Oprah Winfrey can file for their name

524
00:30:02.400 --> 00:30:06.520
because they've already obtained this level of being famous.

525
00:30:06.520 --> 00:30:08.680
There's a requirement before the United States Patent

526
00:30:08.680 --> 00:30:10.400
and Trademark Office that if you're ever trying

527
00:30:10.400 --> 00:30:14.760
to own your name alone, just your name, like Sylvia Wise,

528
00:30:14.760 --> 00:30:17.960
right, I mean, if you're trying to get that name,

529
00:30:18.920 --> 00:30:21.100
so that if you're trying to get that name,

530
00:30:21.100 --> 00:30:22.160
you have to be famous.

531
00:30:22.160 --> 00:30:23.880
They won't just give it to you.

532
00:30:23.880 --> 00:30:25.680
You have to prove that it's famous.

533
00:30:25.680 --> 00:30:28.120
And I filed trademark applications for famous people.

534
00:30:28.120 --> 00:30:31.560
So I could tell you, it can be difficult to get that.

535
00:30:31.560 --> 00:30:33.360
So that's just something to keep in mind.

536
00:30:33.360 --> 00:30:35.900
Your name is very powerful.

537
00:30:35.900 --> 00:30:37.320
It protects your goodwill.

538
00:30:37.320 --> 00:30:39.220
Now, there's a lot of different things

539
00:30:39.220 --> 00:30:42.400
that are protectable by trademark, okay?

540
00:30:43.280 --> 00:30:44.880
Let's go through a few of them.

541
00:30:44.880 --> 00:30:46.960
Words are protectable by trademark.

542
00:30:46.960 --> 00:30:49.760
So the name Nike, that's a word

543
00:30:49.760 --> 00:30:51.760
that's protectable by trademark, right?

544
00:30:51.760 --> 00:30:54.720
Slogans are protectable by trademark.

545
00:30:54.720 --> 00:30:58.640
Just do it, that's a slogan, right?

546
00:30:58.640 --> 00:31:00.400
So that's protectable by trademark.

547
00:31:00.400 --> 00:31:03.360
Designs are protectable by trademark, right?

548
00:31:03.360 --> 00:31:04.860
You remember the Nike swoosh?

549
00:31:06.120 --> 00:31:07.640
That's protectable by trademark.

550
00:31:07.640 --> 00:31:09.520
Now, some of you here are listening and going,

551
00:31:09.520 --> 00:31:11.560
oh, I know all this stuff, I know this stuff.

552
00:31:11.560 --> 00:31:12.800
We're gonna start at the top level

553
00:31:12.800 --> 00:31:15.080
and then we're going deeper and deeper and deeper, okay?

554
00:31:15.080 --> 00:31:17.200
So I promise you, you're gonna get stuff as well.

555
00:31:17.200 --> 00:31:19.680
But I wanna make sure everybody's at the same level

556
00:31:19.680 --> 00:31:22.680
before we go really deep and we start talking about

557
00:31:22.680 --> 00:31:25.160
intent to use applications and foreign filings

558
00:31:25.160 --> 00:31:26.280
and blah, blah, blah, blah, blah.

559
00:31:26.280 --> 00:31:29.160
And let's make sure everybody's at the same level first.

560
00:31:29.160 --> 00:31:33.700
So you can actually file a trademark application on a color.

561
00:31:36.680 --> 00:31:37.520
Think about that.

562
00:31:37.520 --> 00:31:41.960
If I said to you, name a postage company

563
00:31:41.960 --> 00:31:44.520
that is associated with the color brown.

564
00:31:44.520 --> 00:31:45.920
Somebody type in the chat.

565
00:31:47.520 --> 00:31:49.640
What's the postage company?

566
00:31:49.640 --> 00:31:51.720
UPS, there it is, immediately.

567
00:31:51.720 --> 00:31:53.080
Everybody already knew.

568
00:31:53.080 --> 00:31:54.920
They own the color brown.

569
00:31:54.920 --> 00:31:57.720
If I said to you, type in a chat,

570
00:31:57.720 --> 00:32:01.860
the name of a company that owns the color pink

571
00:32:02.920 --> 00:32:06.360
associated with insulation.

572
00:32:06.360 --> 00:32:08.840
Type in a chat what the name of the company is.

573
00:32:11.040 --> 00:32:12.440
This is a tougher one.

574
00:32:12.440 --> 00:32:13.640
Corning, very good.

575
00:32:13.640 --> 00:32:15.480
Yeah, that's exactly it.

576
00:32:15.480 --> 00:32:20.480
So get this, your business can become so well-known

577
00:32:20.760 --> 00:32:23.920
that you can own colors, you can own names,

578
00:32:23.920 --> 00:32:28.920
slogans, logos, but it goes even further.

579
00:32:28.940 --> 00:32:32.200
Perfumes are actually protectable by trademark.

580
00:32:33.360 --> 00:32:37.120
The smells that you have associated with perfumes

581
00:32:37.120 --> 00:32:38.600
are actually protectable by trademark.

582
00:32:38.600 --> 00:32:41.040
Perfume companies will file trademark applications

583
00:32:41.040 --> 00:32:44.080
just for that, right?

584
00:32:44.080 --> 00:32:46.520
So trademarks cover more than just kind of

585
00:32:46.520 --> 00:32:47.480
like a single name.

586
00:32:47.480 --> 00:32:52.200
Now, a number of people are probably thinking to themselves,

587
00:32:52.200 --> 00:32:53.860
I'm gonna give you some practical examples

588
00:32:53.860 --> 00:32:55.800
because I've watched a number of your lives.

589
00:32:55.800 --> 00:32:58.400
So I'm gonna give you some practical examples here.

590
00:33:00.120 --> 00:33:05.120
What if you have a logo and in the logo, there are words?

591
00:33:07.280 --> 00:33:10.160
Okay, so think of the Nike swoosh,

592
00:33:10.160 --> 00:33:12.400
and then underneath it, it says, just do it.

593
00:33:13.600 --> 00:33:15.200
Let's look at that scenario, okay?

594
00:33:15.200 --> 00:33:17.240
Because some of you here, how many of you here

595
00:33:17.240 --> 00:33:18.800
own a company that has a logo?

596
00:33:18.800 --> 00:33:19.840
Just raise your hand.

597
00:33:20.880 --> 00:33:23.160
We got a lot of you, we got a lot of you.

598
00:33:23.160 --> 00:33:25.640
And how many of you people that have the logo

599
00:33:25.640 --> 00:33:29.640
with for your trademark also have words

600
00:33:29.640 --> 00:33:31.080
next to your trademark?

601
00:33:31.080 --> 00:33:32.240
Just raise your hand.

602
00:33:32.240 --> 00:33:34.360
Yeah, a lot of you, okay.

603
00:33:34.360 --> 00:33:35.800
All right, and that's kind of indicative

604
00:33:35.800 --> 00:33:37.280
of what I saw in the videos.

605
00:33:37.280 --> 00:33:40.360
All right, so here's the deal, here's what happens.

606
00:33:40.360 --> 00:33:42.840
If you have the Nike swoosh and the just do it,

607
00:33:42.840 --> 00:33:44.280
what I've seen a lot of people do

608
00:33:44.280 --> 00:33:47.240
is they file one trademark application for the swoosh

609
00:33:47.240 --> 00:33:49.440
would just do it underneath it.

610
00:33:49.440 --> 00:33:51.280
I wouldn't do that.

611
00:33:51.280 --> 00:33:53.800
Let me tell you why, okay?

612
00:33:53.800 --> 00:33:58.240
If you use just do it alone without the swoosh,

613
00:33:59.160 --> 00:34:02.280
then if somebody uses just do it alone

614
00:34:02.280 --> 00:34:06.640
and you own the logo with the swoosh and the just do it,

615
00:34:06.640 --> 00:34:08.280
then another party is gonna try to argue

616
00:34:08.280 --> 00:34:10.480
that they're not committing trademark infringement.

617
00:34:10.480 --> 00:34:14.600
Now, I think you're gonna have a good chance of winning,

618
00:34:14.600 --> 00:34:16.400
meaning that you'll be able to,

619
00:34:16.400 --> 00:34:19.320
there's a good chance because the logo only has the swoosh,

620
00:34:19.320 --> 00:34:20.520
which is like the check mark.

621
00:34:20.520 --> 00:34:22.920
Does everybody here know what I mean by the swoosh?

622
00:34:22.920 --> 00:34:23.760
Let me rephrase.

623
00:34:23.760 --> 00:34:25.280
Is there anybody here who does not know

624
00:34:25.280 --> 00:34:27.159
what I mean by the swoosh?

625
00:34:27.159 --> 00:34:29.560
Okay, it doesn't look like anybody doesn't know.

626
00:34:31.159 --> 00:34:36.159
So if you own just do it alone,

627
00:34:36.239 --> 00:34:38.679
then anybody uses just do it with a swoosh,

628
00:34:38.679 --> 00:34:41.960
with a star, with a circle, with no logo whatsoever,

629
00:34:41.960 --> 00:34:44.120
they will infringe your trademark

630
00:34:44.120 --> 00:34:46.679
if it's for the same goods and services.

631
00:34:46.679 --> 00:34:49.239
So your trademark becomes way more powerful

632
00:34:49.239 --> 00:34:51.080
if you own the words alone.

633
00:34:52.280 --> 00:34:54.679
Now, if you own the swoosh alone,

634
00:34:54.679 --> 00:34:59.200
meaning that curvaceous check mark, right?

635
00:34:59.200 --> 00:35:00.040
If you own that.

636
00:35:00.000 --> 00:35:05.320
at, then I don't care if you say just do it, or just toss it,

637
00:35:05.320 --> 00:35:06.400
or go to bed.

638
00:35:06.400 --> 00:35:11.880
If you use that swoosh mark, that other individual

639
00:35:11.880 --> 00:35:14.000
will commit trademark infringement.

640
00:35:14.000 --> 00:35:19.680
That's the power of having the logo just being the design

641
00:35:19.680 --> 00:35:21.560
element alone.

642
00:35:21.560 --> 00:35:24.960
But here's something to keep in mind, all right?

643
00:35:24.960 --> 00:35:28.200
I'm taking this slow because this can be really tricky.

644
00:35:28.200 --> 00:35:30.360
When you file a trademark application,

645
00:35:30.360 --> 00:35:32.960
you need to use as a specimen.

646
00:35:32.960 --> 00:35:35.640
The specimen is your proof of use, all right?

647
00:35:35.640 --> 00:35:40.040
You need to use as a specimen how you actually

648
00:35:40.040 --> 00:35:41.840
use it in interstate commerce.

649
00:35:41.840 --> 00:35:46.240
That means how you are using it as a business to other people

650
00:35:46.240 --> 00:35:48.640
when you sell the product or when you advertise

651
00:35:48.640 --> 00:35:49.920
the product, right?

652
00:35:49.920 --> 00:35:54.440
You actually have to show an example of that use.

653
00:35:54.440 --> 00:35:58.760
If you never use the swoosh alone,

654
00:35:58.760 --> 00:36:01.160
if every single time that you use it,

655
00:36:01.160 --> 00:36:07.080
it always has the words underneath it, then, I mean,

656
00:36:07.080 --> 00:36:09.000
I still would be able to win, honestly,

657
00:36:09.000 --> 00:36:11.120
with the United States Patent and Trademark Office.

658
00:36:11.120 --> 00:36:13.040
I could still file and get it allowed.

659
00:36:13.040 --> 00:36:17.240
But if you only use the logo alone without the words,

660
00:36:17.240 --> 00:36:19.400
then the chances are that you're going

661
00:36:19.400 --> 00:36:21.480
to want to file for the logo alone, meaning

662
00:36:21.480 --> 00:36:23.080
the design element alone.

663
00:36:23.080 --> 00:36:26.160
If you always use the two things together,

664
00:36:26.160 --> 00:36:29.440
like if there's never a case where they're separate,

665
00:36:29.440 --> 00:36:33.200
as an example, a logo that has the words inside of it

666
00:36:33.200 --> 00:36:35.520
as opposed to underneath it, OK?

667
00:36:35.520 --> 00:36:39.360
So any logo that has words inside of it, OK?

668
00:36:39.360 --> 00:36:42.880
Let me think of anything.

669
00:36:42.880 --> 00:36:44.160
Let me see.

670
00:36:44.160 --> 00:36:46.920
Essentia.

671
00:36:46.920 --> 00:36:48.920
Eh, this really isn't all that great.

672
00:36:48.920 --> 00:36:50.880
But that's Essentia, right?

673
00:36:50.880 --> 00:36:52.440
So you've got the words.

674
00:36:52.440 --> 00:36:54.840
You see the word Essentia there?

675
00:36:54.840 --> 00:36:56.440
That is one trademark.

676
00:36:56.440 --> 00:36:59.040
You see right next to it the logo?

677
00:36:59.040 --> 00:37:00.600
That's another trademark.

678
00:37:00.600 --> 00:37:03.400
If somebody uses this logo alone,

679
00:37:03.400 --> 00:37:06.800
the design element alone, they commit trademark infringement.

680
00:37:06.800 --> 00:37:09.840
If they use the words alone, Essentia,

681
00:37:09.840 --> 00:37:11.520
they commit trademark infringement.

682
00:37:11.520 --> 00:37:13.320
It wouldn't make a lot of sense to file

683
00:37:13.320 --> 00:37:16.640
the logo with the words as one application.

684
00:37:16.640 --> 00:37:18.840
That's why you see down here, let's

685
00:37:18.840 --> 00:37:20.760
see if you can see it, all the way down there.

686
00:37:20.760 --> 00:37:21.760
You see that little dot?

687
00:37:21.760 --> 00:37:24.880
It's a circle R. They have a registration there.

688
00:37:24.880 --> 00:37:26.800
And then if you look at Essentia,

689
00:37:26.800 --> 00:37:28.840
you see the circle R at the top.

690
00:37:28.840 --> 00:37:31.520
They have a trademark there as well, all right?

691
00:37:31.520 --> 00:37:35.000
So they filed for both the logo and the words.

692
00:37:35.000 --> 00:37:36.920
They did both.

693
00:37:36.920 --> 00:37:38.680
I'm explaining this to you because I've

694
00:37:38.680 --> 00:37:39.800
seen some of your work.

695
00:37:39.800 --> 00:37:41.800
I did some looking into some of you guys

696
00:37:41.800 --> 00:37:44.400
just to see what you're doing so I could help you out.

697
00:37:44.400 --> 00:37:46.680
And so if you're using your logos

698
00:37:46.680 --> 00:37:48.880
and there's a design element and there's words,

699
00:37:48.880 --> 00:37:51.040
if there are times when you're using words separate,

700
00:37:51.080 --> 00:37:52.800
file it separate as a trademark application.

701
00:37:52.800 --> 00:37:56.000
You get way more power in your trademarks that way.

702
00:37:56.000 --> 00:37:57.360
And if you're using your logo separate,

703
00:37:57.360 --> 00:38:00.320
file your logo separate, way more power that way.

704
00:38:01.160 --> 00:38:03.600
If you file them together, you might run into a situation

705
00:38:03.600 --> 00:38:06.720
where it's more difficult to enforce your trademarks

706
00:38:06.720 --> 00:38:10.280
because you only filed it together, okay?

707
00:38:10.280 --> 00:38:11.880
Does that make sense?

708
00:38:11.880 --> 00:38:13.520
Pretty simple, right?

709
00:38:13.520 --> 00:38:16.800
All right, like I said, we're going to start out slow.

710
00:38:16.800 --> 00:38:18.240
Then we're going to go deeper.

711
00:38:18.240 --> 00:38:20.680
All right, let me give you another scenario here.

712
00:38:21.520 --> 00:38:23.480
How many people here own a company?

713
00:38:24.440 --> 00:38:25.640
Just raise a hand.

714
00:38:25.640 --> 00:38:26.840
That's a lot of people.

715
00:38:26.840 --> 00:38:28.120
There's a lot of gifted people here.

716
00:38:28.120 --> 00:38:30.560
All right, so not that if you don't own a company,

717
00:38:30.560 --> 00:38:31.400
you're not gifted.

718
00:38:31.400 --> 00:38:33.960
I'm just saying it's right now to start your own company,

719
00:38:33.960 --> 00:38:35.560
it takes a lot of patience.

720
00:38:35.560 --> 00:38:37.440
So here's the thing.

721
00:38:37.440 --> 00:38:38.680
When you started your company,

722
00:38:38.680 --> 00:38:41.240
you had to file with the secretary of state, right?

723
00:38:42.680 --> 00:38:45.280
When you file with the secretary of state,

724
00:38:45.280 --> 00:38:50.280
you did what's called a corporate name search, all right?

725
00:38:50.480 --> 00:38:53.840
It was called a corporate name search.

726
00:38:53.840 --> 00:38:57.320
I want to make sure you understand what that means, okay?

727
00:38:57.320 --> 00:38:59.040
So I'm going to show you something.

728
00:39:01.120 --> 00:39:04.120
Let's see, I'm going to give you a basic example.

729
00:39:04.120 --> 00:39:05.480
This is for New Hampshire.

730
00:39:07.160 --> 00:39:08.800
Okay, can everybody see my screen?

731
00:39:11.920 --> 00:39:13.160
Yeah, okay, great.

732
00:39:13.160 --> 00:39:15.960
All right, this is the secretary of state for New Hampshire.

733
00:39:15.960 --> 00:39:18.960
You see right here, it says search a business name.

734
00:39:18.960 --> 00:39:20.200
See that?

735
00:39:21.040 --> 00:39:23.280
So you come in here and you type in whatever name it is,

736
00:39:23.280 --> 00:39:24.400
right?

737
00:39:24.400 --> 00:39:27.400
So ADE Challenges, LLC.

738
00:39:28.640 --> 00:39:32.240
You do your search, you get your results,

739
00:39:32.240 --> 00:39:35.200
and there's my company, ADE Challenges, right there.

740
00:39:35.200 --> 00:39:36.600
Okay, Peter Nieves, registered.

741
00:39:36.600 --> 00:39:37.640
Now here's the thing.

742
00:39:38.840 --> 00:39:43.400
That is not, please, please hear this, guys.

743
00:39:43.400 --> 00:39:46.220
That is not a trademark search.

744
00:39:46.640 --> 00:39:51.640
A business name search is not a trademark search.

745
00:39:53.060 --> 00:39:56.780
The secretary of state is not a place that you search

746
00:39:56.780 --> 00:39:59.140
to determine whether or not you could potentially be sued

747
00:39:59.140 --> 00:40:00.500
for trademark infringement.

748
00:40:00.000 --> 00:40:02.800
That is not what it is.

749
00:40:02.800 --> 00:40:05.620
It's checking to see if that name is available

750
00:40:05.620 --> 00:40:06.740
as a corporate name.

751
00:40:06.740 --> 00:40:09.200
It is not the same database

752
00:40:09.200 --> 00:40:11.640
as the United States Patent and Trademark Office.

753
00:40:14.760 --> 00:40:16.840
All right, this is the United States

754
00:40:16.840 --> 00:40:18.480
Patent and Trademark Office.

755
00:40:18.480 --> 00:40:23.200
Now, I'm gonna share a screen real quickly.

756
00:40:23.200 --> 00:40:25.960
This is the United States Patent and Trademark Office.

757
00:40:27.160 --> 00:40:29.440
Okay, that's what it looks like.

758
00:40:30.160 --> 00:40:33.400
USPTO.gov.

759
00:40:35.320 --> 00:40:38.140
Okay, Larissa, can you drop that in the chat, please?

760
00:40:38.140 --> 00:40:38.980
Thank you.

761
00:40:39.940 --> 00:40:43.660
All right, that's where you do a search for a trademark.

762
00:40:45.160 --> 00:40:48.360
And tomorrow, we're gonna go in more depth.

763
00:40:48.360 --> 00:40:50.200
We're gonna actually go through an example.

764
00:40:50.200 --> 00:40:51.680
I'm gonna show you how to do a trademark search

765
00:40:51.680 --> 00:40:53.160
on your own, all right,

766
00:40:53.160 --> 00:40:57.100
so as to give you a top-level search, okay?

767
00:41:00.720 --> 00:41:04.200
But just to be clear, the Secretary of State site

768
00:41:04.200 --> 00:41:06.560
is not a place where you search for trademarks.

769
00:41:06.560 --> 00:41:08.320
It's the United States Patent and Trademark Office.

770
00:41:08.320 --> 00:41:12.280
Now, even for the United States Patent and Trademark Office,

771
00:41:13.720 --> 00:41:16.120
I'm gonna be teaching you how to do a top-level search.

772
00:41:16.120 --> 00:41:19.360
You should not be relying upon your own top-level search

773
00:41:19.360 --> 00:41:21.220
to build a company.

774
00:41:21.220 --> 00:41:24.000
You should be getting somebody who knows what they're doing,

775
00:41:24.000 --> 00:41:27.400
like somebody who does this for a living, okay?

776
00:41:27.400 --> 00:41:29.240
Because why am I saying that?

777
00:41:29.240 --> 00:41:31.640
The United States Patent and Trademark Office,

778
00:41:31.640 --> 00:41:33.760
when you type in the words, which we're gonna do tomorrow

779
00:41:33.760 --> 00:41:36.560
to do a top-level trademark search,

780
00:41:36.560 --> 00:41:39.560
you're going to see that sometimes

781
00:41:39.560 --> 00:41:41.680
it doesn't catch phonetic equivalents.

782
00:41:41.680 --> 00:41:43.920
It's supposed to catch phonetic equivalents,

783
00:41:43.920 --> 00:41:46.280
but sometimes it doesn't, all right?

784
00:41:46.280 --> 00:41:50.960
So if you type in the word Nike, N-I-K-E,

785
00:41:50.960 --> 00:41:54.040
you might not find N-I-K-Y.

786
00:41:56.120 --> 00:41:58.440
You may or you may not.

787
00:41:58.440 --> 00:42:03.160
You may not find Mikey, M-I-K-E, all right?

788
00:42:03.160 --> 00:42:06.080
And it may be that there's a shoe store out there

789
00:42:06.080 --> 00:42:09.600
called Mikey, and you're going for Nike,

790
00:42:09.600 --> 00:42:11.800
and they sound similar.

791
00:42:11.800 --> 00:42:13.300
There's one letter that's different,

792
00:42:13.300 --> 00:42:16.000
but they're the same goods, same products,

793
00:42:16.000 --> 00:42:18.680
same consumers, same market,

794
00:42:18.680 --> 00:42:20.960
so there may be a likelihood of confusion.

795
00:42:20.960 --> 00:42:23.600
So you wanna make sure you actually hire a professional

796
00:42:23.600 --> 00:42:24.720
to do the final search.

797
00:42:24.720 --> 00:42:27.260
But what I'm going to be training you in doing

798
00:42:27.260 --> 00:42:30.500
is how to knock out the ones that are easy to knock out.

799
00:42:30.500 --> 00:42:34.740
So if you have five potential names for a trademark,

800
00:42:34.740 --> 00:42:36.380
I'm gonna teach you how to do a search

801
00:42:36.380 --> 00:42:38.540
to knock out three of them,

802
00:42:38.540 --> 00:42:40.220
so that when you actually go to your attorney,

803
00:42:40.220 --> 00:42:41.940
you're only going to them with two.

804
00:42:42.980 --> 00:42:44.660
Now, how many of you realize

805
00:42:44.660 --> 00:42:47.860
that that's gonna decrease your costs exponentially

806
00:42:47.860 --> 00:42:49.220
with attorneys?

807
00:42:49.220 --> 00:42:54.220
I know this because I bill at $600 an hour, guys, okay?

808
00:42:54.420 --> 00:42:57.660
Just talking to me for an hour costs 600 bucks.

809
00:42:57.660 --> 00:43:00.700
If I do an IP audit, it costs way more,

810
00:43:00.700 --> 00:43:02.260
because when I'm doing an IP audit,

811
00:43:02.260 --> 00:43:05.060
I'm using all my skill sets.

812
00:43:05.060 --> 00:43:08.540
So it costs exponentially more to do an IP audit.

813
00:43:09.860 --> 00:43:13.480
So what my job here is to actually get you familiar

814
00:43:13.480 --> 00:43:15.860
with this, to make sure that what you're going

815
00:43:15.860 --> 00:43:20.500
to be presenting to your attorneys is nice and clean.

816
00:43:20.500 --> 00:43:22.400
It's got all the materials necessary

817
00:43:22.400 --> 00:43:24.560
to minimize your costs, okay?

818
00:43:24.560 --> 00:43:26.260
That's what the trademark search is about.

819
00:43:26.260 --> 00:43:28.600
So again, secretary of state website,

820
00:43:28.600 --> 00:43:30.360
do not rely upon that to determine

821
00:43:30.360 --> 00:43:32.480
whether or not you own a trademark.

822
00:43:32.480 --> 00:43:34.400
It's only a corporate name search.

823
00:43:34.400 --> 00:43:36.280
You need to do a separate search,

824
00:43:36.280 --> 00:43:38.800
a separate trademark search to determine

825
00:43:38.800 --> 00:43:41.720
whether or not you potentially infringe

826
00:43:41.720 --> 00:43:44.480
upon any trademarks, okay?

827
00:43:44.480 --> 00:43:45.960
That clear?

828
00:43:45.960 --> 00:43:47.000
All right, good, good.

829
00:43:47.000 --> 00:43:49.660
Now, I'm gonna be dropping for you

830
00:43:49.660 --> 00:43:52.500
in the Facebook group links.

831
00:43:52.500 --> 00:43:53.980
One of the links I'm gonna give you

832
00:43:53.980 --> 00:43:58.220
is to a formal trademark searching entity, all right?

833
00:43:58.220 --> 00:44:00.540
It's one of the best in the world.

834
00:44:00.540 --> 00:44:03.460
Thomson Reuters, they're one of the best in the world, okay?

835
00:44:03.460 --> 00:44:05.820
I use them for searches, but here's the thing.

836
00:44:05.820 --> 00:44:09.900
I only use them after I've done the top level search,

837
00:44:09.900 --> 00:44:13.020
because if you could go on the USPTO website for free

838
00:44:13.020 --> 00:44:14.560
and knock out one of the names,

839
00:44:14.560 --> 00:44:17.100
why would you send that same name

840
00:44:17.100 --> 00:44:22.060
to a formal searching entity and pay $830 for a search

841
00:44:22.060 --> 00:44:24.540
when you could have typed in the words on USPTO.gov

842
00:44:24.540 --> 00:44:25.480
and knocked it out?

843
00:44:26.660 --> 00:44:28.320
So we're gonna knock things out

844
00:44:28.320 --> 00:44:31.180
so that what you're actually presenting

845
00:44:31.180 --> 00:44:33.940
for formal work is gonna be less.

846
00:44:33.940 --> 00:44:35.820
It's gonna minimize your cost, okay?

847
00:44:36.740 --> 00:44:38.140
All right, good.

848
00:44:38.140 --> 00:44:41.640
All right, so let's go into,

849
00:44:43.260 --> 00:44:46.660
I'm gonna cover one thing that's difficult here, all right?

850
00:44:47.220 --> 00:44:48.780
So far it's been simple, right?

851
00:44:48.780 --> 00:44:50.060
I'm not losing anybody yet?

852
00:44:50.060 --> 00:44:50.900
Okay, good.

853
00:44:50.900 --> 00:44:51.940
So far it's been simple.

854
00:44:51.940 --> 00:44:53.420
All right, here's your first,

855
00:44:54.460 --> 00:44:55.720
I shouldn't even, you know what?

856
00:44:55.720 --> 00:44:57.660
I shouldn't even have prefaced it like that.

857
00:44:57.660 --> 00:44:59.820
Like that, everybody's now like, oh.

858
00:45:00.000 --> 00:45:01.600
but this is not gonna be good.

859
00:45:01.600 --> 00:45:03.880
Like I should have prefaced it with this is easy.

860
00:45:03.880 --> 00:45:06.200
Guys, this is easy, all right?

861
00:45:06.200 --> 00:45:07.520
This is easy.

862
00:45:07.520 --> 00:45:08.360
This is nothing.

863
00:45:08.360 --> 00:45:09.200
You'll get this, you'll get this.

864
00:45:09.200 --> 00:45:10.560
All right, here's the thing.

865
00:45:12.360 --> 00:45:14.640
Here's the way trademarks work.

866
00:45:14.640 --> 00:45:16.600
If you've been using a trademark

867
00:45:16.600 --> 00:45:18.000
for a certain amount of time

868
00:45:18.920 --> 00:45:21.640
and somebody else gets a federal registration,

869
00:45:23.160 --> 00:45:27.720
you might be able to continue using the trademark, okay?

870
00:45:27.720 --> 00:45:29.800
Now, let me explain what I just said.

871
00:45:29.800 --> 00:45:32.120
I'm gonna explain what I just said.

872
00:45:32.120 --> 00:45:35.080
There's a thing called common law rights.

873
00:45:36.280 --> 00:45:38.600
The way common law rights, just type in the chat

874
00:45:38.600 --> 00:45:41.040
common law rights or write it down on the side.

875
00:45:41.040 --> 00:45:43.440
Common law rights, okay?

876
00:45:43.440 --> 00:45:46.440
This may save your company, just to be clear.

877
00:45:48.560 --> 00:45:50.880
We all have a, well, I have a very good friend

878
00:45:51.800 --> 00:45:54.260
who, I'll give you a story.

879
00:45:55.560 --> 00:45:57.120
Matter of fact, I don't know, is he here?

880
00:45:57.120 --> 00:45:58.320
Is he here?

881
00:45:58.320 --> 00:45:59.160
He's not here?

882
00:46:00.440 --> 00:46:02.320
He might stop by on another day then.

883
00:46:02.320 --> 00:46:06.000
Okay, I have a good friend who,

884
00:46:06.000 --> 00:46:08.520
unfortunately, he's a brilliant guy.

885
00:46:08.520 --> 00:46:11.400
He's a really brilliant guy, but he made a mistake.

886
00:46:11.400 --> 00:46:12.600
So here's the deal.

887
00:46:12.600 --> 00:46:16.200
He was running a company and using a certain name,

888
00:46:16.200 --> 00:46:20.000
he got a cease and desist letter from a larger corporation.

889
00:46:20.000 --> 00:46:22.440
And when he received the cease and desist letter,

890
00:46:22.440 --> 00:46:26.000
he spoke to an attorney who was a corporate law attorney

891
00:46:26.000 --> 00:46:28.480
who did not know IP, unfortunately.

892
00:46:28.480 --> 00:46:30.040
And he was really nervous

893
00:46:30.040 --> 00:46:31.960
because it was a larger corporation.

894
00:46:31.960 --> 00:46:34.720
And they said, hey, you guys have to stop using that name.

895
00:46:34.720 --> 00:46:36.720
We have a federal registration for that trademark.

896
00:46:36.720 --> 00:46:39.340
You better stop now or we're gonna sue you.

897
00:46:40.320 --> 00:46:41.280
So what does he do?

898
00:46:42.320 --> 00:46:43.880
He speaks to the attorney.

899
00:46:43.880 --> 00:46:45.400
Attorney says, wow, yeah, they do have

900
00:46:45.400 --> 00:46:46.240
a federal registration.

901
00:46:46.240 --> 00:46:48.160
I think you need to stop.

902
00:46:48.160 --> 00:46:49.440
So he stops.

903
00:46:49.440 --> 00:46:51.760
Now, stopping sounds simple,

904
00:46:51.760 --> 00:46:55.100
but in the real world, stopping is not simple.

905
00:46:55.100 --> 00:46:57.680
In the real world, what stopping means is

906
00:46:57.680 --> 00:47:01.060
changing your website, pulling product from the shelves,

907
00:47:01.060 --> 00:47:03.660
repackaging, coming up with a new name,

908
00:47:03.660 --> 00:47:06.520
starting a new marketing campaign,

909
00:47:06.520 --> 00:47:09.400
giving a public notice as to why you're changing

910
00:47:09.400 --> 00:47:11.840
the name of your company, trying to make it sound positive

911
00:47:11.840 --> 00:47:13.880
when it's really because you were threatened

912
00:47:13.880 --> 00:47:15.720
and hoping that the public doesn't realize

913
00:47:15.720 --> 00:47:16.980
that it's because you were threatened.

914
00:47:16.980 --> 00:47:19.940
So you basically had to put your tail between your legs

915
00:47:19.940 --> 00:47:22.320
and then change the name of your company.

916
00:47:22.320 --> 00:47:24.100
That's the truth.

917
00:47:24.100 --> 00:47:26.340
Well, he made that change,

918
00:47:26.340 --> 00:47:29.540
incurred tens of thousands of dollars of damages.

919
00:47:29.540 --> 00:47:30.900
Basically, I don't mean damages.

920
00:47:30.900 --> 00:47:34.260
I mean, costs and rebranding and doing everything, right?

921
00:47:34.260 --> 00:47:36.240
In my mind, I actually came up with a better name,

922
00:47:36.240 --> 00:47:39.780
quite frankly, so, but in any case, here's the thing.

923
00:47:39.780 --> 00:47:41.020
He never had to change.

924
00:47:42.600 --> 00:47:43.820
Why?

925
00:47:43.820 --> 00:47:48.260
He actually had been using that name for years

926
00:47:48.260 --> 00:47:50.260
and had been selling product throughout

927
00:47:50.260 --> 00:47:54.540
all of the United States in many geographical regions.

928
00:47:54.540 --> 00:47:57.100
And this other company just gets a federal registration

929
00:47:57.100 --> 00:47:58.140
and says, you need to stop.

930
00:47:58.140 --> 00:48:01.980
In fact, under common law, he could have told them to stop.

931
00:48:02.900 --> 00:48:04.500
See, here's the thing.

932
00:48:04.500 --> 00:48:06.180
If you guys, I'll see if I can find the case

933
00:48:06.180 --> 00:48:07.980
and post it in the Facebook group.

934
00:48:07.980 --> 00:48:10.700
And for any of you who are not in the Facebook group,

935
00:48:10.700 --> 00:48:12.160
it should start getting to you.

936
00:48:12.160 --> 00:48:13.660
Let me get in the Facebook group, right?

937
00:48:13.660 --> 00:48:15.500
Because in the Facebook group,

938
00:48:15.500 --> 00:48:19.260
I'm gonna be dropping a lot of really great tools for you

939
00:48:19.260 --> 00:48:21.340
and extra perks for you,

940
00:48:21.340 --> 00:48:23.420
because I just do that.

941
00:48:23.420 --> 00:48:25.040
It's just what I do, all right?

942
00:48:25.040 --> 00:48:29.540
So there is a company called McDonald's.

943
00:48:29.540 --> 00:48:33.300
This is a mom and pop burger place called McDonald's.

944
00:48:33.300 --> 00:48:34.860
They had the name.

945
00:48:34.860 --> 00:48:37.140
Then along comes big McDonald's.

946
00:48:37.140 --> 00:48:38.660
Says, hey, you need to stop.

947
00:48:38.660 --> 00:48:41.460
You need to stop using that name, right?

948
00:48:41.460 --> 00:48:42.700
What happens?

949
00:48:42.700 --> 00:48:44.660
They actually tell McDonald's, go away.

950
00:48:44.660 --> 00:48:45.660
You can't stop us.

951
00:48:45.660 --> 00:48:46.860
We've been using it for years

952
00:48:46.860 --> 00:48:48.740
before you got our federal registration.

953
00:48:48.740 --> 00:48:51.860
Big McDonald's goes away, okay?

954
00:48:51.860 --> 00:48:54.900
So you may actually have certain rights

955
00:48:54.900 --> 00:48:57.380
just by the mere fact that you've been using your trademark

956
00:48:57.380 --> 00:48:59.420
in interstate commerce.

957
00:48:59.420 --> 00:49:03.640
Now, interstate commerce means outside of your state.

958
00:49:05.480 --> 00:49:09.540
There's a difference between interstate commerce,

959
00:49:09.540 --> 00:49:12.340
interstate, I-N-T-E-R,

960
00:49:12.340 --> 00:49:16.660
versus intrastate, I-N-T-R-A.

961
00:49:16.660 --> 00:49:18.700
They're two totally different things,

962
00:49:18.700 --> 00:49:20.300
and I'm gonna explain that now.

963
00:49:20.300 --> 00:49:22.300
So just listen to this for a moment.

964
00:49:22.300 --> 00:49:23.140
I mean, you can take notes,

965
00:49:23.140 --> 00:49:26.380
but I'm just, I wanna make sure you understand this.

966
00:49:27.720 --> 00:49:29.300
If you are selling product

967
00:49:29.300 --> 00:49:32.220
or providing services across state lines,

968
00:49:34.580 --> 00:49:37.580
do not, in my, no, I can't give you legal advice.

969
00:49:37.580 --> 00:49:39.580
Hold on, hold on, hold on.

970
00:49:42.380 --> 00:49:43.940
Maybe I shouldn't say anything.

971
00:49:43.940 --> 00:49:45.060
Do you guys want me to continue?

972
00:49:45.060 --> 00:49:46.420
Should I keep going?

973
00:49:47.100 --> 00:49:48.260
All right, all right, keep going.

974
00:49:48.260 --> 00:49:49.740
All right, here, here's the thing.

975
00:49:49.740 --> 00:49:52.700
If you're selling product or providing services

976
00:49:52.700 --> 00:49:56.500
across state lines, this is what I would do.

977
00:49:56.500 --> 00:49:57.820
This is not legal advice.

978
00:49:57.820 --> 00:50:00.180
This is what I would do, okay?

979
00:50:00.000 --> 00:50:09.040
I would file a federal trademark application and own all of the United States, one application.

980
00:50:09.040 --> 00:50:11.480
I own it all.

981
00:50:11.480 --> 00:50:15.360
Because I'm using it in interstate commerce.

982
00:50:15.360 --> 00:50:21.480
So if I am selling products online, and I'm in New Hampshire, and I'm selling product

983
00:50:21.480 --> 00:50:26.800
to Nick, and I'm selling product to Judy, and I'm selling product to Sally and to Jennifer

984
00:50:26.800 --> 00:50:30.000
and to Rick, why do I feel like, like romper room or something?

985
00:50:30.000 --> 00:50:32.480
Like, what is the what's the old show with the mirror?

986
00:50:32.480 --> 00:50:33.480
And I see Baba.

987
00:50:33.480 --> 00:50:34.480
And I see.

988
00:50:34.480 --> 00:50:35.480
Do you remember that?

989
00:50:35.480 --> 00:50:37.280
I don't remember the name of that show.

990
00:50:37.280 --> 00:50:40.160
Somebody type in the chat what the name of that show is, because I don't remember it.

991
00:50:40.160 --> 00:50:43.840
So does anybody remember that show?

992
00:50:43.840 --> 00:50:47.360
It's a long time ago.

993
00:50:47.360 --> 00:50:48.360
Nobody remembers it?

994
00:50:48.360 --> 00:50:50.640
I don't see anybody typing it.

995
00:50:50.640 --> 00:50:52.000
I thought it was romper room.

996
00:50:52.000 --> 00:50:53.000
But is it romper room?

997
00:50:53.000 --> 00:50:54.000
It is.

998
00:50:54.000 --> 00:50:55.920
Okay, I will say it's romper room.

999
00:50:56.040 --> 00:51:01.880
So if I'm sending, selling it to product, selling products across state lines, every

1000
00:51:01.880 --> 00:51:07.560
single state, I actually have a right potentially to file in that state.

1001
00:51:07.560 --> 00:51:10.720
Well, why should I file in every state where I'm selling product?

1002
00:51:10.720 --> 00:51:20.640
Why not just file one application for $275 and own all the United States?

1003
00:51:20.640 --> 00:51:22.400
Think about that, guys.

1004
00:51:22.400 --> 00:51:24.360
You know what a lot of people are doing?

1005
00:51:24.360 --> 00:51:29.440
They're selling product in California, in New York.

1006
00:51:29.440 --> 00:51:33.680
They file a state application in California and New York.

1007
00:51:33.680 --> 00:51:37.160
That's such a waste of time and money.

1008
00:51:37.160 --> 00:51:40.940
One application covers all the United States, as long as you have at least one case of interstate

1009
00:51:40.940 --> 00:51:42.200
commerce use.

1010
00:51:42.200 --> 00:51:45.620
Now intrastate means I'm selling within my state.

1011
00:51:45.620 --> 00:51:50.560
So I am providing, let's say every single one of you is in New Hampshire.

1012
00:51:50.560 --> 00:51:53.560
Every single one of you is in New Hampshire.

1013
00:51:53.760 --> 00:51:55.800
That's called intrastate commerce.

1014
00:51:55.800 --> 00:52:02.240
So the service of providing this guidance is being done only in the state of New Hampshire.

1015
00:52:02.240 --> 00:52:06.560
Then I can't file for federal registration of interstate commerce because I'm not using

1016
00:52:06.560 --> 00:52:10.220
it in interstate commerce, I'm using it intrastate commerce.

1017
00:52:10.220 --> 00:52:12.760
So I'd file a state application.

1018
00:52:12.760 --> 00:52:18.040
Because when I file for a federal registration for interstate commerce, they're going to

1019
00:52:18.040 --> 00:52:21.480
ask me for an example of use.

1020
00:52:21.640 --> 00:52:26.320
I'm not going to have an example of use outside of the state because I'm not using it outside

1021
00:52:26.320 --> 00:52:27.320
of the state.

1022
00:52:27.320 --> 00:52:32.840
But here's the thing, any of you that are using a trademark on products and services

1023
00:52:32.840 --> 00:52:38.440
on the internet, I'm probably thinking 90% of you, if not more, are using it in interstate

1024
00:52:38.440 --> 00:52:39.760
commerce.

1025
00:52:39.760 --> 00:52:42.720
Just look at where your sales are.

1026
00:52:42.720 --> 00:52:44.720
Determine where your sales are.

1027
00:52:44.720 --> 00:52:49.920
If you're seeing that you're selling services all over in different places, boom, file one

1028
00:52:49.920 --> 00:52:51.600
application.

1029
00:52:51.600 --> 00:52:55.320
I just saved you probably thousands of dollars.

1030
00:52:55.320 --> 00:52:56.320
One application.

1031
00:52:56.320 --> 00:53:00.280
And a lot of lawyers probably aren't happy right now.

1032
00:53:00.280 --> 00:53:03.480
That's not a lot of work that we do to do that.

1033
00:53:03.480 --> 00:53:08.840
But here's the thing, when you're working with certain attorneys, chances are they should

1034
00:53:08.840 --> 00:53:12.240
analyze what you're actually doing and tell you, okay, well, you're doing this in all

1035
00:53:12.240 --> 00:53:14.440
these states, why don't you just file one federal application?

1036
00:53:14.440 --> 00:53:16.120
They should tell you that.

1037
00:53:16.120 --> 00:53:19.800
And chances are, hopefully you get a good attorney that will show you that.

1038
00:53:20.680 --> 00:53:21.680
Does that make sense?

1039
00:53:21.680 --> 00:53:25.720
Common law, you've been using it, somebody gets a federal registration, you don't have

1040
00:53:25.720 --> 00:53:29.640
a federal registration, they try to stop you, you can continue using it.

1041
00:53:29.640 --> 00:53:31.640
Now, you should be talking to an attorney.

1042
00:53:31.640 --> 00:53:35.520
If somebody sends you a cease and desist letter, don't say, well, I was in the Protect Your

1043
00:53:35.520 --> 00:53:42.520
Idea Challenge, and when I was in there, after he said to drink water, he said I can continue

1044
00:53:42.520 --> 00:53:43.520
using it.

1045
00:53:43.520 --> 00:53:46.560
So, go away, Billy Bob, you can't stop me.

1046
00:53:46.560 --> 00:53:47.880
Don't do that, all right?

1047
00:53:47.960 --> 00:53:52.800
Talk to an attorney, make sure that the attorney understands your scenario so they can give

1048
00:53:52.800 --> 00:53:54.400
you legal advice.

1049
00:53:54.400 --> 00:53:55.760
Don't play around with legal issues.

1050
00:53:55.760 --> 00:53:59.800
They can blow up very fast and you can spend a lot of money on legal issues, and I don't

1051
00:53:59.800 --> 00:54:01.960
want anybody running into that problem.

1052
00:54:01.960 --> 00:54:05.640
All right, so that's common law versus federal filing.

1053
00:54:05.640 --> 00:54:10.840
Now, let's talk about federal application versus federal application.

1054
00:54:10.840 --> 00:54:17.040
That means two people filing a trademark application with the United States Patent and Trademark

1055
00:54:17.200 --> 00:54:23.360
Office, or with the Canadian Trademark Office, or the Japanese Trademark Office, or like

1056
00:54:23.360 --> 00:54:25.200
you can file in different countries.

1057
00:54:25.200 --> 00:54:32.000
Different countries have different trademark offices, okay?

1058
00:54:32.000 --> 00:54:33.400
So just keep that in mind.

1059
00:54:33.400 --> 00:54:38.840
If you're trying to obtain rights in Canada, you actually can file a trademark application

1060
00:54:38.840 --> 00:54:40.280
in Canada.

1061
00:54:40.280 --> 00:54:44.960
But there's also, I'm going to give, this is really detailed, but I'm going to give

1062
00:54:44.960 --> 00:54:49.400
it to you because I actually know as a fact that some of you are selling product internationally.

1063
00:54:49.400 --> 00:54:55.040
Within six months of filing a trademark application, you can do a foreign filing application.

1064
00:54:55.040 --> 00:54:58.400
Just talk to your lawyers, all right?

1065
00:54:58.400 --> 00:55:00.000
And ask them, say, hey.

1066
00:55:00.000 --> 00:55:06.000
Is it true that within six months of filing my original application in the United States,

1067
00:55:06.000 --> 00:55:11.440
I can do a foreign filing and that'll give me the filing date of the U.S. application?

1068
00:55:12.160 --> 00:55:16.480
That's all you have to say. Just say, can I foreign file within six months and maintain

1069
00:55:16.480 --> 00:55:21.760
the filing date? All right, and I feel like I'm losing some of you, so let me back up a little

1070
00:55:21.760 --> 00:55:27.760
bit because that's a little confusing. Let me explain. All right, the filing date of your

1071
00:55:27.760 --> 00:55:36.800
trademark application is important. Why is it important? Because if I file today for,

1072
00:55:37.680 --> 00:55:45.360
let's say Nike, and Felisa filed, actually let's change it around. Felisa files today for Nike,

1073
00:55:45.360 --> 00:55:50.480
right? And let's make believe Nike doesn't exist, okay? And tomorrow I file for Nike.

1074
00:55:50.480 --> 00:55:59.600
Felisa wins because she filed before me. This is assuming that I didn't use it before her,

1075
00:56:00.640 --> 00:56:04.080
okay? So we're getting rid of that whole scenario of my using it before,

1076
00:56:04.800 --> 00:56:08.640
looking at common law. We're getting rid of that. We're just looking at filing date versus

1077
00:56:08.640 --> 00:56:16.640
filing date. The first person to file a trademark application wins, period, all right? That's just

1078
00:56:16.640 --> 00:56:22.800
the way it works. So Felisa files today. I file tomorrow. United States Patent and Trademark

1079
00:56:22.800 --> 00:56:30.320
Office is going to come back to me and say, eh, sorry, Mr. Nieves. Felisa Vidal, she actually

1080
00:56:30.320 --> 00:56:35.520
filed the day before you. So you know what? You have an option. You can go to her, see if you can

1081
00:56:35.520 --> 00:56:41.440
buy it off of her. But at the end of the day, she wins. Nothing you can do. It's a first-to-file

1082
00:56:41.440 --> 00:56:48.000
system, guys. That's important, okay? This is why when I said to you earlier,

1083
00:56:50.000 --> 00:56:56.080
if you have a name for a product or a service, but you're not selling the product or the service,

1084
00:56:57.360 --> 00:57:03.440
you may not want to wait until the day that you finally start filing or you actually start using

1085
00:57:04.880 --> 00:57:09.280
the name on your service or product, all right? I'll give you a real-life scenario,

1086
00:57:09.280 --> 00:57:13.600
because I know this is a little deep. I just want to go into a little bit of deep

1087
00:57:13.600 --> 00:57:22.080
stuff and then come out again, all right? So let me give you an example. Felisa files for Nike.

1088
00:57:22.080 --> 00:57:28.800
I file for Nike afterwards. Felisa wins, all right? I've been using Nike for three years.

1089
00:57:28.800 --> 00:57:36.000
Felisa files a federal application for Nike. I win in every single geographical region

1090
00:57:36.640 --> 00:57:47.040
where I've been using it already, okay? She can't come into those regions. But I can't expand past

1091
00:57:47.040 --> 00:57:53.360
the regions that I've already been using it in, because she owns every single part of the United

1092
00:57:53.360 --> 00:57:58.560
States except where I've already been using it. So let's take that again one more time. I'm doing

1093
00:57:58.560 --> 00:58:05.680
this slow. Federal versus federal. Sylvia files a trademark application today. I file for the

1094
00:58:05.680 --> 00:58:10.960
exact same name tomorrow. Who wins? Type in the chat. Somebody. Just type in the chat. Sylvia,

1095
00:58:10.960 --> 00:58:17.680
S-Y-L-V-I-A. Right. There you go. Sylvia wins. Who typed Lisa?

1096
00:58:21.440 --> 00:58:28.720
I love Sue. I love Sue. That's phenomenal. Yes. Sylvia wins. Exactly. That's it. Right.

1097
00:58:28.720 --> 00:58:34.320
Who typed Lisa? That's original. I'm going to save the chat. I like that. All right. Now,

1098
00:58:35.280 --> 00:58:41.360
I start using it for three years. Sylvia files a trademark application, federal trademark

1099
00:58:41.360 --> 00:58:46.880
application. Who wins? My name's Peter. Her name's Sylvia. Type in the chat. Who wins?

1100
00:58:49.040 --> 00:58:59.120
Peter. Peter wins. Peter wins. That's right. Peter wins. Okay. Now, but I only win in the specific

1101
00:58:59.200 --> 00:59:05.280
geographical regions where I have been using it. Let me explain what that means. All right. Now,

1102
00:59:05.280 --> 00:59:10.080
your lawyers should be helping you understand this part here. What I'm trying to do is help

1103
00:59:10.080 --> 00:59:14.000
you understand that if you get a cease and desist letter and you've already been using it, you may

1104
00:59:14.000 --> 00:59:19.920
not have to stop. Don't panic. Call your lawyer and say, hey, do I have common law rights? And

1105
00:59:19.920 --> 00:59:24.800
your lawyer is going to go, how in the world do you know what common law rights are? And you're

1106
00:59:24.880 --> 00:59:33.040
going to go, because I'm smart. So anyways, but the whole point being that a specific geographical

1107
00:59:33.040 --> 00:59:39.920
region does not mean the whole state. It doesn't even mean the whole city. It's more like the whole

1108
00:59:39.920 --> 00:59:46.800
town. Okay. So if you've been using it in like Destin, Florida, you know, it might be like a

1109
00:59:46.800 --> 00:59:52.720
part of Destin, Florida that you can continue using it. Right. It's not the entire state.

1110
00:59:52.720 --> 00:59:59.680
So common law rights that may solve your issues in an infringement situation. Okay.

1111
01:00:00.000 --> 01:00:01.640
Intent to use applications.

1112
01:00:01.640 --> 01:00:04.320
Let me go back to that.

1113
01:00:04.320 --> 01:00:07.240
One of the most difficult things to do

1114
01:00:07.240 --> 01:00:09.240
is to come out with an original name.

1115
01:00:09.240 --> 01:00:12.520
Now, some of you are probably thinking, no, that's not true.

1116
01:00:12.520 --> 01:00:14.600
That can't be true.

1117
01:00:14.600 --> 01:00:16.440
No.

1118
01:00:16.440 --> 01:00:18.160
One of the most difficult things to do

1119
01:00:18.160 --> 01:00:19.860
would be to come up with a new invention.

1120
01:00:19.860 --> 01:00:20.960
Nope.

1121
01:00:20.960 --> 01:00:21.760
Nope.

1122
01:00:21.760 --> 01:00:24.320
You get a bunch of nerds, and I can call myself a nerd

1123
01:00:24.320 --> 01:00:25.780
because I'm an electrical engineer.

1124
01:00:25.780 --> 01:00:28.200
So I'm happily a nerd.

1125
01:00:28.200 --> 01:00:29.120
So that's just a fact.

1126
01:00:29.120 --> 01:00:30.480
My wife calls me a nerd.

1127
01:00:30.480 --> 01:00:31.240
I'm OK with it.

1128
01:00:31.240 --> 01:00:31.920
I face it.

1129
01:00:31.920 --> 01:00:34.120
I do all right in life, so I'm not worried about it.

1130
01:00:34.120 --> 01:00:35.680
But here's the thing.

1131
01:00:35.680 --> 01:00:37.040
Nerds, right?

1132
01:00:37.040 --> 01:00:39.000
You put us in a room, we're going

1133
01:00:39.000 --> 01:00:40.400
to come up with a new invention.

1134
01:00:40.400 --> 01:00:41.680
It's just what we do.

1135
01:00:41.680 --> 01:00:43.480
It's like you put a bunch of us in a room,

1136
01:00:43.480 --> 01:00:45.240
we're going to come up with something new.

1137
01:00:45.240 --> 01:00:47.680
So we have a better chance of coming up

1138
01:00:47.680 --> 01:00:51.040
with a new technology than we do coming up

1139
01:00:51.040 --> 01:00:52.960
with a name that nobody in the world

1140
01:00:52.960 --> 01:00:55.240
has ever come up with before.

1141
01:00:55.240 --> 01:00:57.040
Why is that?

1142
01:00:57.040 --> 01:01:01.200
There's only 26 letters in the alphabet, my friends.

1143
01:01:01.200 --> 01:01:02.880
There's only so many different ways

1144
01:01:02.880 --> 01:01:07.040
to come up with sequences and spaces.

1145
01:01:07.040 --> 01:01:09.560
There's only so many ways that you

1146
01:01:09.560 --> 01:01:12.280
can make a person feel a certain way about your donut.

1147
01:01:14.800 --> 01:01:18.600
I mean, what is it called?

1148
01:01:18.600 --> 01:01:19.520
Oh, what is it called?

1149
01:01:19.520 --> 01:01:20.800
What is it called?

1150
01:01:20.800 --> 01:01:22.920
I'm thinking of Georgia.

1151
01:01:22.920 --> 01:01:25.720
What's the name of those donuts that are dangerous?

1152
01:01:25.720 --> 01:01:27.920
They're really dangerous.

1153
01:01:27.920 --> 01:01:30.880
They'll make you literally leave your spouse

1154
01:01:30.880 --> 01:01:34.200
in a very dangerous, in a very sensitive time in their life

1155
01:01:34.200 --> 01:01:36.160
just to go out and get a hot one.

1156
01:01:36.160 --> 01:01:37.040
Krispy Kreme.

1157
01:01:37.040 --> 01:01:38.800
That's it, yes, Krispy Kreme.

1158
01:01:38.800 --> 01:01:41.200
Krispy Kreme is responsible for many divorces.

1159
01:01:41.200 --> 01:01:42.640
I just want you to understand that.

1160
01:01:42.640 --> 01:01:44.240
It's a dangerous company.

1161
01:01:44.240 --> 01:01:51.320
So the whole point being that name, Krispy Kreme,

1162
01:01:51.320 --> 01:01:55.560
you would think, hold it, isn't that descriptive of the donut?

1163
01:01:56.120 --> 01:01:58.320
The donut itself is crispy.

1164
01:01:58.320 --> 01:02:00.320
It has the cream on it.

1165
01:02:00.320 --> 01:02:02.400
And so you think, well, how did they get that name?

1166
01:02:02.400 --> 01:02:05.480
Well, it was kind of creative.

1167
01:02:05.480 --> 01:02:06.920
It's kind of creative.

1168
01:02:06.920 --> 01:02:09.520
But just by having that name, they have so much power.

1169
01:02:09.520 --> 01:02:11.080
So many people come to them.

1170
01:02:11.080 --> 01:02:13.200
You hear the name, and you start drooling.

1171
01:02:13.200 --> 01:02:17.800
And you're literally trying to talk and do a presentation,

1172
01:02:17.800 --> 01:02:20.720
and your stomach's hurting because of that name.

1173
01:02:20.720 --> 01:02:22.400
That's the power of the trademark.

1174
01:02:22.400 --> 01:02:23.280
But here's the thing.

1175
01:02:23.280 --> 01:02:25.080
It's so hard to come up with an original.

1176
01:02:25.120 --> 01:02:27.880
So if you come up with an original name,

1177
01:02:27.880 --> 01:02:29.840
put some serious thought towards filing

1178
01:02:29.840 --> 01:02:33.200
an intent-to-use application, OK?

1179
01:02:33.200 --> 01:02:34.800
Why am I saying that?

1180
01:02:34.800 --> 01:02:38.360
Because I guarantee you, this is what you're going to do.

1181
01:02:38.360 --> 01:02:41.160
You're going to, well, I'll tell you what most people do.

1182
01:02:41.160 --> 01:02:42.560
I'm hoping you don't do this because you've

1183
01:02:42.560 --> 01:02:44.640
been in this challenge, all right?

1184
01:02:44.640 --> 01:02:48.600
Most people will now go on Facebook and type and say,

1185
01:02:48.600 --> 01:02:51.480
I came up with the best name for these new shoes.

1186
01:02:51.480 --> 01:02:54.000
It's blabbity, blabbity.

1187
01:02:54.000 --> 01:02:56.400
And so everybody goes, oh, that's great.

1188
01:02:56.400 --> 01:02:59.480
And now after they've said that, the domain name's

1189
01:02:59.480 --> 01:03:01.760
gone because somebody on Facebook saw that.

1190
01:03:01.760 --> 01:03:03.280
And somebody who liked that name,

1191
01:03:03.280 --> 01:03:06.280
who actually doesn't understand intent-to-use applications,

1192
01:03:06.280 --> 01:03:08.120
just filed an intent-to-use application.

1193
01:03:08.120 --> 01:03:10.800
So now when you go to actually file a trademark application,

1194
01:03:10.800 --> 01:03:13.800
not available, all right?

1195
01:03:13.800 --> 01:03:16.320
Here, I'll give you a little inside scoop.

1196
01:03:16.320 --> 01:03:18.760
Here's a little inside scoop.

1197
01:03:18.760 --> 01:03:22.800
If you're going to file a trademark application,

1198
01:03:22.800 --> 01:03:26.200
a lot of you are going to go and search the domain name,

1199
01:03:26.200 --> 01:03:27.120
right?

1200
01:03:27.120 --> 01:03:29.160
A lot of you are going to do that, OK?

1201
01:03:29.160 --> 01:03:30.920
Does everybody know what a domain name is?

1202
01:03:30.920 --> 01:03:32.440
I'm assuming everybody knows what it is, right?

1203
01:03:32.440 --> 01:03:33.000
OK, good.

1204
01:03:33.000 --> 01:03:33.960
All right.

1205
01:03:33.960 --> 01:03:35.320
A lot of you are going to do that.

1206
01:03:35.320 --> 01:03:37.120
Here's the thing.

1207
01:03:37.120 --> 01:03:38.160
This is what I would do.

1208
01:03:38.160 --> 01:03:39.840
This is not legal advice.

1209
01:03:39.840 --> 01:03:42.240
It's not legal advice.

1210
01:03:42.240 --> 01:03:45.600
But this is what I would do, OK?

1211
01:03:45.600 --> 01:03:46.920
This is the way I'd play it out.

1212
01:03:46.920 --> 01:03:49.000
This is the sequence.

1213
01:03:49.000 --> 01:03:51.160
I would go on the USPCO website.

1214
01:03:51.200 --> 01:03:52.920
I would do my trademark search.

1215
01:03:52.920 --> 01:03:55.280
Once I found out that it's clear, I would then,

1216
01:03:55.280 --> 01:03:57.280
as a matter of fact, I know Jennifer right now.

1217
01:03:57.280 --> 01:03:59.640
Jennifer is like, where's the checklist?

1218
01:03:59.640 --> 01:04:01.640
Peter, where's the checklist?

1219
01:04:01.640 --> 01:04:02.760
See, look, she's laughing.

1220
01:04:02.760 --> 01:04:04.760
Where's your Santa hat?

1221
01:04:04.760 --> 01:04:05.920
That's so funny.

1222
01:04:05.920 --> 01:04:06.520
Is it there?

1223
01:04:06.520 --> 01:04:08.520
Is it really there?

1224
01:04:08.520 --> 01:04:10.160
It is, OK.

1225
01:04:10.160 --> 01:04:10.880
All right, all right.

1226
01:04:10.880 --> 01:04:12.280
She's going to go get Santa hat.

1227
01:04:12.280 --> 01:04:13.080
So here's the thing.

1228
01:04:13.080 --> 01:04:13.920
This is the sequence.

1229
01:04:13.920 --> 01:04:16.400
Number one, do your search.

1230
01:04:16.400 --> 01:04:17.280
There it is.

1231
01:04:17.280 --> 01:04:19.200
Thank you, Jennifer.

1232
01:04:19.200 --> 01:04:20.760
I knew it was around somewhere.

1233
01:04:20.880 --> 01:04:23.000
So you do your search, right?

1234
01:04:23.000 --> 01:04:24.920
You see that it's clear on the USPCO website.

1235
01:04:24.920 --> 01:04:27.920
You go then to get a formal search,

1236
01:04:27.920 --> 01:04:30.440
because now you want to make sure it truly is clear.

1237
01:04:30.440 --> 01:04:32.200
You find out that it is clear.

1238
01:04:32.200 --> 01:04:35.120
Now your very next step, when you're

1239
01:04:35.120 --> 01:04:37.800
going to file that trademark application,

1240
01:04:37.800 --> 01:04:41.280
is actually to do that, to actually procure

1241
01:04:41.280 --> 01:04:43.960
the rights to the domain name, all right?

1242
01:04:43.960 --> 01:04:46.600
Why am I saying to get the domain name before you

1243
01:04:46.600 --> 01:04:48.880
file the trademark application?

1244
01:04:48.920 --> 01:04:51.440
I'm going to explain to you why.

1245
01:04:51.440 --> 01:04:55.040
There are these people that I call trolls, OK?

1246
01:04:55.040 --> 01:04:57.440
I say that in an affectionate way.

1247
01:04:57.440 --> 01:05:00.200
But this is the way that they do this.

1248
01:05:00.000 --> 01:05:03.000
Can one file hold it?

1249
01:05:03.000 --> 01:05:06.160
I'm gonna get to your question in a second, Jennifer.

1250
01:05:06.160 --> 01:05:07.240
I'll get to your question in a second.

1251
01:05:07.240 --> 01:05:08.520
Matter of fact, I'll take two questions

1252
01:05:08.520 --> 01:05:10.400
before we jump off, all right?

1253
01:05:10.400 --> 01:05:14.480
All right, so the second that you file

1254
01:05:14.480 --> 01:05:16.840
a federal trademark application,

1255
01:05:16.840 --> 01:05:19.120
these people who are quote unquote trolls,

1256
01:05:19.120 --> 01:05:21.160
they watch the USPTO website

1257
01:05:21.160 --> 01:05:23.680
for every new trademark application file.

1258
01:05:23.680 --> 01:05:25.680
When they see it filed, boom,

1259
01:05:25.680 --> 01:05:28.060
they go over to GoDaddy or even better,

1260
01:05:28.060 --> 01:05:29.440
they go to Namecheap.

1261
01:05:29.500 --> 01:05:31.500
They go to Namecheap.com.

1262
01:05:31.500 --> 01:05:33.060
Guys, if you've never used Namecheap,

1263
01:05:33.060 --> 01:05:34.780
start using Namecheap.

1264
01:05:34.780 --> 01:05:36.580
It's nine bucks.

1265
01:05:36.580 --> 01:05:40.060
Stop spending 30 or $40 on a domain name.

1266
01:05:40.060 --> 01:05:43.260
It's $9, Namecheap.com.

1267
01:05:43.260 --> 01:05:46.840
Very cheap for names.

1268
01:05:46.840 --> 01:05:49.020
Maybe that's why it's called Namecheap.

1269
01:05:49.020 --> 01:05:49.860
I don't know.

1270
01:05:49.860 --> 01:05:51.360
But here's the thing.

1271
01:05:51.360 --> 01:05:52.660
You go at that point

1272
01:05:52.660 --> 01:05:56.180
and you procure the rights to the name, all right?

1273
01:05:56.180 --> 01:05:58.500
Why did I say not to file the federal registration?

1274
01:05:58.520 --> 01:06:00.720
Because those trolls are literally watching it.

1275
01:06:00.720 --> 01:06:02.060
Like they sit there.

1276
01:06:02.920 --> 01:06:05.960
And when they see these new things popping up,

1277
01:06:05.960 --> 01:06:07.880
they go on to Namecheap or other places

1278
01:06:07.880 --> 01:06:09.060
and they buy the domain name.

1279
01:06:09.060 --> 01:06:10.460
Then what happens to you?

1280
01:06:10.460 --> 01:06:13.440
All of a sudden, after you file your federal trademark

1281
01:06:13.440 --> 01:06:14.920
and your email shows up,

1282
01:06:14.920 --> 01:06:17.480
miraculously, this email comes out

1283
01:06:17.480 --> 01:06:20.440
from this very generous individual who says,

1284
01:06:20.440 --> 01:06:22.840
oh, guess what?

1285
01:06:22.840 --> 01:06:25.280
I noticed that you filed a federal trademark application.

1286
01:06:25.280 --> 01:06:27.420
Would you be interested in owning the domain name

1287
01:06:27.420 --> 01:06:29.360
for the same trademark?

1288
01:06:29.360 --> 01:06:31.200
And if you actually look at the time

1289
01:06:31.200 --> 01:06:35.720
that they actually filed the domain name registration,

1290
01:06:35.720 --> 01:06:37.880
it's like minutes after you actually filed

1291
01:06:37.880 --> 01:06:39.240
your trademark application.

1292
01:06:40.800 --> 01:06:44.160
I just saved you $1,500 to $2,000 on a domain name.

1293
01:06:45.840 --> 01:06:46.960
All right?

1294
01:06:46.960 --> 01:06:51.240
So figure out your name, get your searches done.

1295
01:06:51.240 --> 01:06:53.640
Then once you're ready to go,

1296
01:06:53.640 --> 01:06:56.240
you say, all right, this thing's ready to go.

1297
01:06:56.260 --> 01:07:00.660
Do your domain name, ownership, file your application.

1298
01:07:00.660 --> 01:07:02.820
There's a timing to everything, all right?

1299
01:07:02.820 --> 01:07:04.220
It can get a little tricky at times,

1300
01:07:04.220 --> 01:07:05.720
but there's a timing to it all.

1301
01:07:05.720 --> 01:07:07.520
Does that make sense?

1302
01:07:07.520 --> 01:07:09.580
Does that help you guys?

1303
01:07:09.580 --> 01:07:10.840
Yeah? Okay.

1304
01:07:10.840 --> 01:07:12.420
The reason why is because a lot of you

1305
01:07:12.420 --> 01:07:14.980
are gonna get these blackmailing emails saying,

1306
01:07:14.980 --> 01:07:16.740
hey, do you wanna own the domain name?

1307
01:07:16.740 --> 01:07:19.060
Hey, do you wanna own the trademark?

1308
01:07:19.060 --> 01:07:21.120
And it's because, I'll give you an example.

1309
01:07:21.120 --> 01:07:23.060
There's somebody that many of us know

1310
01:07:23.060 --> 01:07:27.320
actually disclosed the name of his own challenge

1311
01:07:28.560 --> 01:07:32.220
and within an hour, the name was gone.

1312
01:07:33.400 --> 01:07:37.280
Now, the only people that that person disclosed it to

1313
01:07:37.280 --> 01:07:39.280
were the people in that room and who are watching,

1314
01:07:39.280 --> 01:07:41.420
who paid to actually watch that challenge.

1315
01:07:43.080 --> 01:07:46.760
Now you would think, who in their right mind

1316
01:07:46.760 --> 01:07:49.640
would buy the domain name of the person

1317
01:07:49.640 --> 01:07:51.880
who is doing the presentation?

1318
01:07:53.480 --> 01:07:54.680
It doesn't seem to make sense.

1319
01:07:54.680 --> 01:07:56.520
Like that doesn't seem like honoring

1320
01:07:56.520 --> 01:07:58.400
the person who was actually bringing a presentation

1321
01:07:58.400 --> 01:08:01.080
in any way, shape or form, but that's what happened.

1322
01:08:01.080 --> 01:08:02.960
So if that would happen in that forum,

1323
01:08:02.960 --> 01:08:05.660
I guarantee you it would happen separately, okay?

1324
01:08:05.660 --> 01:08:06.600
So just be careful.

1325
01:08:06.600 --> 01:08:09.320
I wanna make sure you guys don't run into problems.

1326
01:08:09.320 --> 01:08:10.160
All right?

1327
01:08:10.160 --> 01:08:13.280
Let me take two questions.

1328
01:08:13.280 --> 01:08:15.820
I don't usually do this, but I'm led to do this

1329
01:08:15.820 --> 01:08:18.680
because there's a lot of advanced people here.

1330
01:08:18.680 --> 01:08:20.880
A lot of people have run companies.

1331
01:08:20.899 --> 01:08:23.060
So if you have a question,

1332
01:08:23.060 --> 01:08:25.399
you can raise your virtual hand, right?

1333
01:08:26.340 --> 01:08:29.460
And I'm gonna take two quick ones

1334
01:08:29.460 --> 01:08:31.700
because when we go into VIP guys,

1335
01:08:31.700 --> 01:08:34.380
the stuff that we're doing here, we're going deeper.

1336
01:08:34.380 --> 01:08:37.279
We're looking into direct scenarios.

1337
01:08:37.279 --> 01:08:40.140
We're gonna go into trademark searching,

1338
01:08:40.140 --> 01:08:42.000
trademark applications tomorrow.

1339
01:08:42.000 --> 01:08:44.140
If you're not in VIP and you wanna learn how to do

1340
01:08:44.140 --> 01:08:47.580
live trademark searches and applications, get in VIP.

1341
01:08:47.600 --> 01:08:50.700
I'm gonna do a really quick demonstration tomorrow

1342
01:08:51.880 --> 01:08:53.840
here with all of you.

1343
01:08:53.840 --> 01:08:56.880
But if you have the ability to do VIP, get in there.

1344
01:08:56.880 --> 01:08:57.720
All right.

1345
01:08:57.720 --> 01:09:00.760
So, and there's a lot of people here who,

1346
01:09:00.760 --> 01:09:01.600
well, actually not.

1347
01:09:01.600 --> 01:09:03.800
Jennifer, you've been in VIP, right?

1348
01:09:03.800 --> 01:09:04.760
Okay, great.

1349
01:09:04.760 --> 01:09:07.000
Let me unmute Jennifer just for a second.

1350
01:09:07.000 --> 01:09:08.399
Can you just for one minute,

1351
01:09:08.399 --> 01:09:10.319
let people know what the experience is like?

1352
01:09:10.319 --> 01:09:12.319
Cause I don't wanna give my biased opinion of it.

1353
01:09:12.319 --> 01:09:14.040
It's, go ahead.

1354
01:09:15.040 --> 01:09:17.939
Yeah, you guys, I don't even know how to describe it.

1355
01:09:17.939 --> 01:09:19.140
Like, it's so worth it.

1356
01:09:19.140 --> 01:09:21.040
Like just, you can see we've been as what?

1357
01:09:21.040 --> 01:09:23.819
Like an hour and four minutes now.

1358
01:09:23.819 --> 01:09:26.700
And all the literally time and money,

1359
01:09:26.700 --> 01:09:29.819
Peter has just saved us just in an hour and four minutes.

1360
01:09:29.819 --> 01:09:33.700
So multiply that times what you're gonna get in VIP.

1361
01:09:33.700 --> 01:09:36.180
It just goes that much deeper.

1362
01:09:36.180 --> 01:09:39.460
Like, and it's gonna, again, I love Peter.

1363
01:09:39.460 --> 01:09:41.540
Some days he makes my head explode with all the things,

1364
01:09:41.560 --> 01:09:45.439
but VIP gives you the chance to ask your questions.

1365
01:09:45.439 --> 01:09:47.040
Like, because, which is good, right?

1366
01:09:47.040 --> 01:09:50.040
Is we hear this stuff and it begins to swirl

1367
01:09:50.040 --> 01:09:51.680
and we're like, well, I'm not sure I get it.

1368
01:09:51.680 --> 01:09:55.160
Go to VIP because then you can ask your question.

1369
01:09:55.160 --> 01:09:57.880
You can ask it as it pertains to you

1370
01:09:57.880 --> 01:09:59.840
because everybody's got different.

1371
01:10:00.000 --> 01:10:04.480
scenarios and different situations and where they're at. I know the first time I went through

1372
01:10:04.480 --> 01:10:08.720
it, I wasn't even thinking about a book. It just wasn't really on my thing. So I didn't pay

1373
01:10:08.720 --> 01:10:13.040
attention to that, but it was great to hear other people's questions around other topics.

1374
01:10:13.760 --> 01:10:19.680
And now I do have an idea for a book download. So it's like, you're going to get so much more

1375
01:10:19.680 --> 01:10:25.440
out of it. This is just my opinion, largely because of the Q&A portion, the different scenarios

1376
01:10:25.440 --> 01:10:29.520
and to dive deeper and actually apply it. So that's what I would say, Peter.

1377
01:10:29.520 --> 01:10:33.360
Thanks, Jennifer. Thanks. Yeah. And just so you guys know, that was not rehearsed. If you didn't

1378
01:10:33.360 --> 01:10:38.160
notice, Jennifer was like, what? Why is he asking me this? So thank you, Jennifer. I appreciate it.

1379
01:10:38.160 --> 01:10:45.040
Thanks, Anna. So let me go to Eileen. Eileen, you're here.

1380
01:10:45.760 --> 01:10:52.880
I am here. I'm late. So I'm going to have to, for sure, watch again. But this is totally

1381
01:10:53.680 --> 01:10:57.760
like funnels and all that stuff. Like, oh, my gosh. But this is like, takes the next step of

1382
01:10:57.760 --> 01:11:03.040
this is so foreign to me. So I'm going to watch it. I have to watch more than a couple of times.

1383
01:11:03.040 --> 01:11:09.840
But I do have domain names through GoDaddy. So you talked about cheat name. Like, do you,

1384
01:11:10.560 --> 01:11:17.760
is there something like, should I like not? Do I have them? Do I go to cheat name? Do I like

1385
01:11:17.760 --> 01:11:21.040
delete it from? I don't know how that works. Like if I already have it.

1386
01:11:22.000 --> 01:11:25.360
I mean, if you already have them there and you already paid for it, you can keep it there. I

1387
01:11:25.360 --> 01:11:29.120
mean, the alternative is you could send them over to a different registrar if you want.

1388
01:11:30.160 --> 01:11:36.080
It's up to you. I like to keep all my domain names in one place, but I'm really bad at that,

1389
01:11:36.080 --> 01:11:40.560
as my wife would tell you. Like, I've got domain names with multiple different companies.

1390
01:11:41.760 --> 01:11:47.040
I'm not a domain name addict. Some of us know domain name addicts, like people that own

1391
01:11:47.600 --> 01:11:52.240
literally hundreds and hundreds of domain names. I'm not a domain name addict, but I do own

1392
01:11:52.240 --> 01:12:00.480
probably around, I don't know, 60 or so. Like I own a good number of them. So I would just start

1393
01:12:00.480 --> 01:12:08.000
using Namecheap. It's less expensive. It's the same services. There's no reason to spend more

1394
01:12:08.000 --> 01:12:13.360
on money for no reason. It just, to me, oh, with, all right, I'm going to mention something here

1395
01:12:13.360 --> 01:12:17.920
real quick, because Eileen just made me think of something. For those of you that use GoDaddy

1396
01:12:19.360 --> 01:12:26.240
to make a logo, okay, if you create a website with GoDaddy and they create a logo for you,

1397
01:12:26.240 --> 01:12:32.960
you do not own the logo. Some of you might be thinking, whoa, hold it. I paid for this. What

1398
01:12:32.960 --> 01:12:38.800
are you talking about? You need to tell them before you close the deal, you need to tell them

1399
01:12:38.800 --> 01:12:46.240
that you need an assignment of all right, title, and interest to your logo before you close the

1400
01:12:46.240 --> 01:12:54.080
deal. Right, title, and interest. Somebody type that in chat. I need an assignment of all right,

1401
01:12:54.080 --> 01:13:02.480
title, and interest to the logo to me or to my company before I sign off on this deal. Make sure

1402
01:13:02.480 --> 01:13:10.320
you do that. If you don't do that, these companies can continue billing you year after year after year

1403
01:13:10.320 --> 01:13:16.560
for what's called a non-exclusive license, because they own the original work, okay?

1404
01:13:17.920 --> 01:13:22.880
New drawings. We're going to go into this deeper in VIP, but I just want to mention that here.

1405
01:13:22.880 --> 01:13:29.120
In VIP, we're going to talk about how copyright and trademark kind of cross over and how the

1406
01:13:29.120 --> 01:13:34.480
artist owns the original work for the logo and what you can do and can't do. We'll dig into that

1407
01:13:34.480 --> 01:13:41.760
immediately. Eileen, you're in VIP, right? Yeah, so we'll dig in more there, okay? Cool. All right,

1408
01:13:41.760 --> 01:13:52.800
let me go to Gladia. You're in VIP? She's so cute. Hi, guys. Hi, Gladia, how are you?

1409
01:13:53.760 --> 01:14:01.440
Good, good, good. I just wanted to come out to talk about, I just published my first book,

1410
01:14:01.440 --> 01:14:06.800
and thank you. Well, it's not published, but I just sent it out to the publisher

1411
01:14:07.760 --> 01:14:17.600
a couple days ago. I have a framework for my book. Technically, what the book is about

1412
01:14:17.600 --> 01:14:26.000
is a seven-step process. I wrote it down so I didn't forget. I wanted to protect this framework

1413
01:14:27.680 --> 01:14:32.880
after publishing the book, because I got this course right after I sent it out to the publisher.

1414
01:14:34.960 --> 01:14:44.640
I was like, okay, so how can I make this work? Can I protect my system or my framework

1415
01:14:44.640 --> 01:14:53.840
before publishing it, or do I have to do it? If I protect it now, is it too late to

1416
01:14:54.560 --> 01:14:59.200
market or trademark that while it's in the process of being published?

1417
01:15:00.000 --> 01:15:03.760
you know, we're going to, are you in VIP? All right. That's right. I'm going to,

1418
01:15:03.760 --> 01:15:06.680
let me cover some of it now. All right. I'll cover some of the top level now.

1419
01:15:06.680 --> 01:15:09.600
All right. All right. All right, guys, everybody, please listen up.

1420
01:15:09.600 --> 01:15:12.560
What she just asked anybody here. Who's a coach. Raise your hand.

1421
01:15:13.960 --> 01:15:16.320
All right. Every one of you, who's a coach.

1422
01:15:17.040 --> 01:15:21.360
She just asked a question. That's she's that way. She's over there.

1423
01:15:21.840 --> 01:15:25.320
She just asked on my screen or over there. Um,

1424
01:15:25.840 --> 01:15:30.200
she just asked the question that is priceless. All right. So please listen up.

1425
01:15:30.600 --> 01:15:32.800
All right. All right. Here, here's the scenario.

1426
01:15:33.960 --> 01:15:39.160
She just said that she has like seven, let's just say seven steps to level,

1427
01:15:39.240 --> 01:15:43.040
you know, whatever it is. Right. Okay. And she just did a book.

1428
01:15:43.600 --> 01:15:46.720
Okay. There are copyright issues.

1429
01:15:47.160 --> 01:15:51.480
There are trademark issues and potentially if the method

1430
01:15:51.480 --> 01:15:53.440
associated with this is protectable,

1431
01:15:53.440 --> 01:15:57.360
it could have a patent issue and a method patent it's possible.

1432
01:15:57.920 --> 01:16:02.360
So all three areas may be covered by this one

1433
01:16:02.360 --> 01:16:06.480
scenario guys. Okay. Now let's just, just because we've talked,

1434
01:16:06.480 --> 01:16:09.440
we're touching based on trademark. Let me start with trademarks, right?

1435
01:16:10.520 --> 01:16:14.280
Let's say that the book has a title.

1436
01:16:16.440 --> 01:16:21.400
Here's the thing titles or books are not protectable unless

1437
01:16:21.400 --> 01:16:22.320
there's a series.

1438
01:16:25.520 --> 01:16:30.160
Think of books like the Harry Potter series,

1439
01:16:30.920 --> 01:16:35.520
right? Or TR token or a, or is it TL token or TR token?

1440
01:16:35.920 --> 01:16:40.560
TL, TL, TL, right? Nick's giving me a nasty face.

1441
01:16:40.600 --> 01:16:43.440
I'm sorry. I can't remember. It's not my fault.

1442
01:16:43.680 --> 01:16:48.320
My brain's been full of other things. So is it L or R? I don't know.

1443
01:16:48.440 --> 01:16:52.280
But, but in any case there's a series.

1444
01:16:52.560 --> 01:16:55.640
If there's a series, then the name itself can be protected. All right.

1445
01:16:55.880 --> 01:16:58.800
I'm only going to take one more minute and then we'll jump into this more

1446
01:16:58.960 --> 01:17:02.800
gladiator tomorrow. Okay. All right. So that's the title.

1447
01:17:03.160 --> 01:17:06.040
Now, if there's a logo, like a design on the book,

1448
01:17:06.760 --> 01:17:10.320
that may be protectable by a trademark, right? Now, what we,

1449
01:17:10.320 --> 01:17:14.680
one of the things we mentioned today is you may actually put something out to

1450
01:17:14.720 --> 01:17:18.240
the public and not actually file for federal registration.

1451
01:17:18.480 --> 01:17:23.200
You can actually file a trademark application after you sent it out to the

1452
01:17:23.200 --> 01:17:26.960
public. Okay. All right. It's the patent world,

1453
01:17:26.960 --> 01:17:30.520
which we'll cover later has what's called statutory bars.

1454
01:17:30.560 --> 01:17:33.280
You don't have to worry about that on the trademark world. Okay.

1455
01:17:33.280 --> 01:17:34.200
We'll cover that later.

1456
01:17:35.080 --> 01:17:38.640
So I'm just going to cover that top level stuff for now,

1457
01:17:38.640 --> 01:17:42.160
because I want to give everybody about a five minute break before we jump into

1458
01:17:42.160 --> 01:17:45.840
VIP and we're, we're way over, but that always happens on day one.

1459
01:17:45.840 --> 01:17:47.480
We always go over. All right.

1460
01:17:47.480 --> 01:17:51.360
So there's a logo potentially protectable by trademark.

1461
01:17:51.400 --> 01:17:54.360
You don't have to have filed that before you put it out there. Okay.

1462
01:17:54.400 --> 01:17:56.400
There are certain common law rights out there,

1463
01:17:56.840 --> 01:18:00.160
but you're going to want to file soon. And you want to,

1464
01:18:00.280 --> 01:18:02.760
you want to do that just to make sure nobody takes your logo, right?

1465
01:18:02.760 --> 01:18:06.040
The name chances are you're not going to be able to get a federal registration

1466
01:18:06.040 --> 01:18:07.080
unless there's a series.

1467
01:18:07.880 --> 01:18:11.360
If there's some kind of other,

1468
01:18:13.080 --> 01:18:16.720
let's say that your, your, your seven steps, let's say you have a design.

1469
01:18:16.760 --> 01:18:20.360
Let's say there's a page that shows them laid out that falls in the copyright

1470
01:18:20.360 --> 01:18:23.800
law. The book, the publication is protectable by copyright law,

1471
01:18:24.000 --> 01:18:25.920
the artistic works inside of it.

1472
01:18:25.920 --> 01:18:28.040
And you photographs protectable by copyright law,

1473
01:18:28.280 --> 01:18:32.280
the flow chart protectable by copyright law. Right now,

1474
01:18:32.280 --> 01:18:35.400
what about the process that's being performed that could potentially be

1475
01:18:35.400 --> 01:18:39.240
protected by method patent, but there's, there's,

1476
01:18:39.280 --> 01:18:43.200
we'll talk about that later. It's really complicated that I want to save that for

1477
01:18:43.200 --> 01:18:44.520
later. All right.

1478
01:18:44.720 --> 01:18:49.040
So there's multiple potential areas of protection for your one book.

1479
01:18:49.160 --> 01:18:53.320
And I want to congratulate you personally. That's phenomenal. Well done.

1480
01:18:53.520 --> 01:18:54.560
I wish I just,

1481
01:18:55.160 --> 01:18:57.760
I hope there's incredible blessings on that and your family's blessed with your

1482
01:18:57.760 --> 01:19:02.040
own publication and does whatever it's supposed to do to help people. So with

1483
01:19:02.040 --> 01:19:06.480
that, we are closing guys. How was that? Is that okay for day one? Yeah.

1484
01:19:06.680 --> 01:19:10.800
Awesome. All right. Great. I'm going to let Larissa close up stuff with you.

1485
01:19:10.800 --> 01:19:14.160
I'm going to jump off. Those of you that are in VIP, let's take,

1486
01:19:14.280 --> 01:19:18.120
we'll start up at like eight 20, right?

1487
01:19:18.400 --> 01:19:22.880
A 21 or something like that. Like go do your bio breaks, hug your kids,

1488
01:19:23.400 --> 01:19:27.680
you know, no, like hug your dogs, walk your kids or whatever you gotta do.

1489
01:19:27.800 --> 01:19:30.320
Right. And then I'll see you at VIP.

1490
01:19:30.760 --> 01:19:34.880
I'm Larissa. I'm going to let you do your thing. Awesome. Awesome.

1491
01:19:38.320 --> 01:19:39.520
All right, folks.

1492
01:19:42.200 --> 01:19:46.480
I'm dropping the VIP link another time here.

1493
01:19:47.760 --> 01:19:52.440
So if you haven't signed up again, the advantages of going VIP one,

1494
01:19:52.480 --> 01:19:56.520
you get to go deeper. Of course you get the trainings and you also get to hold

1495
01:19:56.520 --> 01:19:59.560
on to the training links for 90 days.

1496
01:20:00.000 --> 01:20:12.000
So, which is more than the regular 30 days you will have access to the links for this session for the challenge sessions from 30 days.

1497
01:20:12.000 --> 01:20:27.000
As part of your standard package that you signed up for. Does anybody have any questions right now we can look out for just unmute yourself let me know. If not, it has been a great pleasure being here I hope you took copious amounts of notes, save the chat.

1498
01:20:27.000 --> 01:20:41.000
If you are on a device that can save the chat people took notes for you. And as far as the homework goes, if you haven't gone live yet go to the Facebook group we would really like to hear you see you.

1499
01:20:41.000 --> 01:20:57.000
And it's safe. Okay, this is a protected group. No one from anywhere else, only people who are in the protect your idea challenge get to see who you are talk to tell us who you are as Peters asked you to why you're here.

1500
01:20:57.000 --> 01:21:08.000
What, like, industry you're in, like we identified some coaches that sort of thing what interests you have what concerns you have, and do a takeaway today.

1501
01:21:08.000 --> 01:21:14.000
All right, what was something that you learned today that you are surely going to implement right away.

1502
01:21:14.000 --> 01:21:30.000
You can tell all your friends and family or just make a note to your business partners, or that you're like this, that was, that was a mind blown moment, I needed to know that I'm so glad I came because, because we learned from each other.

1503
01:21:30.000 --> 01:21:36.000
So don't just go live quickly doesn't have to be very long at all just a couple minutes.

1504
01:21:36.000 --> 01:21:46.000
We would love to hear what you learned today because we learned from each other you caught something someone else might have missed that. And so we learned in the Facebook groups.

1505
01:21:46.000 --> 01:21:56.000
So, it's okay, you will get a replay, probably tomorrow because we're going live at night, and Peter takes a little time to process it. He does sleep, every now and then.

1506
01:21:56.000 --> 01:22:02.000
So, that does happen and he's on Eastern Time Zone America.

1507
01:22:02.000 --> 01:22:08.000
So you'll get an email tomorrow probably by noon, with the replay.

1508
01:22:08.000 --> 01:22:12.000
So if you are hearing this and you're like oh my goodness.

1509
01:22:12.000 --> 01:22:17.000
Jump into day two anyways, it's not too late to sign up for the challenge.

1510
01:22:17.000 --> 01:22:20.000
Felicia, how can I help you.

1511
01:22:21.000 --> 01:22:30.000
Anyway, do we get the replays, if we're in VIP, all replays for 90 days, or 30 and then some for night.

1512
01:22:30.000 --> 01:22:32.000
The whole thing for 90.

1513
01:22:32.000 --> 01:22:33.000
Bye.

1514
01:22:33.000 --> 01:22:35.000
I mean, yeah.

1515
01:22:35.000 --> 01:22:38.000
See you in VIP!