WEBVTT

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Welcome to day two of the Protect Your Idea Challenge.

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We are a few minutes of the hour, so come on in.

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Get your non-alcoholic beverage of choice ready for some not-legal advice as we learn

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so much about intellectual property, which is IP, trademarks, patents, copyrights, what they are,

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why we need them, a little bit about searching and finding and defining.

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Information and knowledge is power is power. Good to see you, Evelyn. Good to see you,

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Nick. Get your chats open and tell us how you're feeling today. What degrees?

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How warm is it where you are at? And if you are in the cold places like I am,

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tell us how warm it is on the inside. Welcome, Rebecca. Good to see you. Welcome, David. Welcome,

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Strata. Someday you're going to tell me how to say that. I hope I'm doing it right. Welcome,

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Natalie. Welcome, Sally. Welcome, Daryl. Welcome, Judy and Tom.

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We're doing a challenge, so we love to have our chats open. If you're on a non-mobile device,

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then you can actually have your video on in your chat, but take a second in the chat

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and greet everybody in the room, into this virtual classroom and tell us where you're from,

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where you're tuning in from. We love to get to know you and see what you're doing.

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Is everybody having a great day? If you're not having a great day, you are now.

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We're having a great day here today. We are blessed and highly favored.

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Yep. We have Tom from the Aloha State. 67 seems, I don't know what part of California you're from,

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Evelyn. Wonderful. Wonderful.

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If at all possible, we'd love for you to have your camera on, especially when Peter comes on,

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because he looks at everybody. He watches. He doesn't just look at the camera. He looks at you.

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So it may look like, where is he looking? Well, he's looking at you if you've never been in a

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Zoom class before. You're like, Larissa, it's 2022. Who hasn't been in a Zoom class? Well,

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it took a while for my mom to get in a Zoom class, so I make no assumptions. We all know

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what assuming does, right? So I'm in Calgary, Alberta, where it's single digits on the

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Fahrenheit and it's negative in the Celsius, which I have to be. So for those of you who were here

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yesterday, and for the sake of those who are just tuning in live today for the first time,

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we would love to take some shares of what you learned. One thing you learned yesterday that

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is going to change the way you think about intellectual property, change the way you do

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business, change the way you create. So down at the bottom of your screen, there's a reactions

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button and there's a little raise hand feature. We use that a lot. So get used to your Zoom and

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reactions. Like right now, I'm putting a heart up in my corner of my screen. If you can see that,

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that's on the reactions. Raising your virtual hand also lines you up. So if you have a takeaway

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from yesterday, you didn't have to be live. Maybe you watched the replay. They did go out earlier

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today, a few hours back. And if you didn't get a chance to watch your replay, but you are tuning

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in today, you'll catch up. Just start gleaning, start gleaning. So who would like to share with

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us? Don't make me voluntold anybody. I'm looking at someone. Welcome, Tim. Welcome, Jennifer.

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Welcome, Poppy. Welcome, Rebecca, Mark. Welcome, Sally and Frank. Welcome, Gladia, Sue.

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Welcome, Rebecca. Welcome, Sue. Another Mark. Maybe that's the same Mark. Now, don't be shy.

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Even if you shared, went live and did your homework, not everybody heard those. Not everybody's

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tuned in. We'd love to hear like who had a little shift yesterday and what was your positive shift?

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All right. So I am going to spotlight Tim. Talk to us. Yeah.

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A lot going on. I mean, the bandwidth is absorbing a lot. The things that caught me,

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my question was regarding a trademark that was abandoned or dead.

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And Peter was basically saying, you know, danger, Will Robinson,

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watch out for that. And it's best to do a lot of research on

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that company. And then see if you can find the people that

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originally filed it. And then, yeah, get a letter saying, you

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know, a signed document that they give you permission to use

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that name, or get another name. So that was huge. I've been to

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the trademark website several times, done some work on it. The

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simple adding the quotations was huge. And then the other tabs he

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showed. I wrote those down. I did some research and I found

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the people that have original trademark that's now dead and I

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located their residence and found a phone number and I left

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him a message as well sent them an email last night. So yay,

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Peter.

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And yay, Tim. That's awesome. Look at you. Yeah.

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Hallelujah. Absolutely. Awesome. Who else have we got? Who like

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some of you were told to go, you know, do some homework, play

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around with the USPTO website. Who did that? Who did that and

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have some fun, like found something good besides Tim or

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another good takeaway, mind shift, business changer,

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creation changer, just Evelyn. All right, let me get your

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spotlight and you can unmute yourself.

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Yeah, I played around with it. And I have an LLC and it's

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called Evelyn's SSL creation. And I just looked up the name

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Evelyn, just to see, I was sort of curious, and nothing came up.

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But yeah, so my takeaway was when he, you know, talked about

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Facebook, and what Facebook can do, because a couple times my

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music was unmuted, because they wanted to know who the original,

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you know, author was. And so I told, you know, I put in the

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message that I am the original author, and they said that they

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they would investigate it. So I thought that was pretty

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interesting what Peter said about Facebook.

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Absolutely 100%. And if you've actually ever, like, sang or

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danced to recorded music, like I have, I've been silly a lot on

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Facebook. And I get these warnings, like I get a warning

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for like, for three years ago, we have muted a temporarily

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suspended play of your da da da da, because it used licensed

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music, and we're investigating it. And I mean, three years ago,

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I had no idea. I didn't. I didn't know, Peter, of course.

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And I mean, it's not the worst thing in the world. But I mean,

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I was being silly at the time. So I'm not

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Yeah, I get my videos blocked, because they're just bad. Well,

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he has nothing to do with trademarks or copyrights or

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patents or anything. Just bad. So people just block them in

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general. I don't think it has anything to do with TikTok

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personally. So yeah, so we're gonna dig in a little bit on

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what you guys were just talking about. Hey, everybody. Welcome

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to day two. It's so good to see you guys so excited. I've been

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watching some of your videos. Thank you so much for sharing.

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By the way, I try to leave a little bit of time for people to

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give any feedback, kind of ask additional things and also kind

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of give those golden nuggets because like your opinion really

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matters. Like each of you has your own personal experiences

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that you've been through and you're applying what you've

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learned to your circumstances. So when you kind of talk about

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how you've learned something and how you're applying it to your

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own business, chances are there's somebody else here, who

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is in a similar circumstance and based on the way that you saw

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your circumstance and how you're applying it, they're going to

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gain from that. So that's why I try to allow people I get out of

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the way and allow you to kind of take, take the stage and kind

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of explain how you're applying your life, what's changing in

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your life. Welcome to day two, we're going to jump in deeper on

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trademarks today. Okay, so when we dump deeper into trademarks,

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there's a number of things that we're going to walk through. I'm

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going to take it a little slow in the beginning, then go a

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little faster. Just a little bit of administrative stuff. There

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are some people that are still trying to get in. After today, I

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try not to let people start coming in on day four, because

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it just gets very confusing. They have to catch up and it

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just becomes very messy. And so I'll let I think up until

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tomorrow, we'll let other people in. So if you have friends and

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you want to invite them or you have colleagues, feel free,

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you're more

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You're welcome to do that.

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Happy to let them in.

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On day four and forward, I think we just shut it down.

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Because it's just, it becomes so difficult for you.

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I want to honor all of you.

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And if I'm answering questions that you've already

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heard the answers to, I'm wasting your time.

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And so I don't want to do that.

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And so I want to make sure that I honor you.

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And by shutting it down by the end of Wednesday,

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I think is appropriate.

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So if you have other people you want to invite,

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feel free to do so.

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Happy to have them.

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Happy to train them.

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The videos are available.

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Let me talk a little bit about replays real quick

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before we jump in, OK?

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So we finish at around 10 o'clock at night.

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I'm on the East Coast.

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And so after that, Zoom has to finish its processing.

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Like there's these little hamsters inside the computer.

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And they have to finish running to get it to my computer,

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right?

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When they're done, I finally have the videos.

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Then I do video editing.

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Because if you're talking about personal things,

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sometimes you'll mention things that you should not mention.

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We're going to talk about that here first

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before I go into trademark law.

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And so feel free to talk about concepts and everything here.

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But if you have a specific trademark

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that you're thinking, oh, this is

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the name that is going to change my corporation,

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don't say the name here.

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I mean, there's a lot of good people here, I'm sure.

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I recognize a lot of people.

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But I can't control what other people do.

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So it's probably a bad idea for you

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to say the name of your most important product

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or your future company here, right?

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So I wouldn't do that, OK?

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But with that being said, after the processing is done

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and then I do my video editing, it's

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usually around 2, 3 in the morning.

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So at that point, I then start the uploading process

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into YouTube or into Vimeo.

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And then that, I go to bed and wait for that thing to be done.

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So when that's finally done, by the morning,

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if nothing crashes, then you're going to have everything up,

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right?

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And so a lot of you are going to see in the Facebook group,

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you'll see the link.

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If you click on, if you just go into the Facebook group,

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you'll actually see the link for the day.

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Now, what I'm going to end up doing is actually saving it

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into the, let me actually open it

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and I'll tell you exactly where I'm going to save it.

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Let me go into the group.

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There it is.

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And I'll post this on the Facebook group.

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I just want to go through this with you

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so that everybody knows where everything is.

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So I'm going to pin it to the top.

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And then it'll also be available under media.

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It'll also be available under featured.

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So it'll be available in a number of places.

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So you can't miss it.

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And if you do miss it, just post a question

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and we're all here to support each other.

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You'll know exactly what our videos are.

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VIP, VIP, you're getting an email

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and all of you in VIP should have the email by now

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because I personally sent it out about 40 minutes ago.

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After I didn't like the first edit.

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So I went back, redid it and then finally sent it all to you.

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So you should have an email

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that actually has the challenge video link

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and the VIP video link.

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If you're in VIP and you don't have that,

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email support at elite-challenges.com.

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Okay, and we'll get it to you.

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Don't worry, the videos aren't going to disappear.

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Like if you don't have it, like, you know

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within a certain time limit, don't worry.

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You're going to get it.

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Okay, so you'll be fine there.

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Let me talk a little bit about procedure

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and then we're going to jump into some,

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Larissa, what's up?

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I saw the finger.

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So did you just say you put the replay

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for the first portion in the group?

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The replay for the challenge, for the challenge itself.

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So I'm looking and I'm not finding.

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Let me look and see.

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There's a handout.

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I did see your post where you said-

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No, no, no, it's being posted in the group.

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It's being posted in the group.

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Yeah.

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Yeah, so it's going to be, after we're done here,

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it'll be posted in the group.

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Okay, not yet.

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All right.

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Right, right.

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Yeah.

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So let me just grab one more thing.

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And I think, Poppy, did you have a question

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on administrative stuff or is it legal stuff?

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Peter, I have a legal question.

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Okay, well, hold your question

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and don't bring your hand down.

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So you'll be the one I ask first, okay?

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So you'll be-

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And I don't-

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Don't ask any legal questions.

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Let me finish the administrative stuff first, okay?

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I'm going to talk about administrators.

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So I am not seeing the VIP email.

238
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Did you get the normal challenge email?

239
00:14:51.640 --> 00:14:54.800
Yeah, well, actually, let me make sure.

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00:14:55.640 --> 00:14:56.480
So-

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I can't remember which email I used to set the-

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00:15:00.000 --> 00:15:06.000
challenge. All right. So just just so that we don't hold everybody up. Let me just DM me or email

243
00:15:06.720 --> 00:15:10.080
us. Actually, I already know your name, Poppy. I'll take care of you personally. Don't worry

244
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about it. Sweet. Thank you. All right. Yeah, absolutely. My friend. Yeah, we'll take care of

245
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you. Don't worry about it. All right. There was one more administrative thing before I jump in.

246
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Yeah, let me just. What was it? VIP. Yeah, I think I think it's OK. No VIP. I already mentioned

247
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the emails. You can still sign up for VIP if you so choose. I don't want to just I want to make

248
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sure nobody feels like they have to jump in the VIP. Don't feel that way. I know we mentioned it

249
00:15:40.240 --> 00:15:46.880
a lot because there's a lot of direct interaction without legal advice. There's no legal advice

250
00:15:46.880 --> 00:15:54.080
in VIP. But we do actually answer a lot of questions, but don't feel like you like we're

251
00:15:54.080 --> 00:15:59.200
not saying you have to go. I'm just saying it's it's it's an incredible experience. I mean,

252
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who here is in VIP? Just raise your hand. There's a lot of people in it. Do you are you guys enjoying

253
00:16:03.920 --> 00:16:09.120
it? Yeah. I mean, it's it's a pretty awesome experience. So if you guys can afford it,

254
00:16:09.120 --> 00:16:13.040
I would jump in if you actually have specific questions. All right. And with that, I'm going

255
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to jump into some difficult stuff in trademark law first, meaning where I see a lot of lawsuits.

256
00:16:19.360 --> 00:16:24.960
OK, the reason why I'm jumping directly into this is because this is where people get in a lot of

257
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trouble and I don't want any of you getting in trouble. So, I mean, I can talk about countless

258
00:16:31.520 --> 00:16:37.520
things in trademark law, but one of the things I find a lot is people say, well, there's a trademark

259
00:16:37.520 --> 00:16:41.360
there. Somebody has a federal registration. Everybody understands what a federal registration

260
00:16:41.360 --> 00:16:46.880
is, right? We talked about that yesterday. So it's filing your trademark application with either

261
00:16:46.880 --> 00:16:53.680
the United States Patent Trademark Office or a foreign country, wherever you're filing it and

262
00:16:53.680 --> 00:16:59.760
getting a registration. When you file an application, you file your application. Then

263
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you get an examiner who reviews it. They're going to either give you an allowance or they're going

264
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to give you a rejection. If they give you a rejection, you have to respond to the rejection.

265
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The rejection for a trademark application can be based on a number of different things.

266
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I'll just give you two simple ones. One is they may say that your trademark is

267
00:17:22.640 --> 00:17:27.839
quote unquote merely descriptive. Type that in the chat. Merely descriptive. You're going to

268
00:17:27.839 --> 00:17:34.480
want to know that term. It's a very important term. Merely descriptive. OK, type that in the chat

269
00:17:35.200 --> 00:17:39.120
and you're going to see why I'm going to explain what that means to you. Or they're going to say

270
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that there's a likelihood of confusion with another trademark. So that means your trademark,

271
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when compared to another trademark out there, is so similar that it can likely confuse the public

272
00:17:52.320 --> 00:17:56.880
and therefore they won't let you get a registration. OK, those are the two biggest,

273
00:17:56.880 --> 00:18:03.120
those are the most common rejections in trademark law. OK, likelihood of confusion and merely

274
00:18:03.120 --> 00:18:08.400
descriptive. All right. If you get the rejection, get your lawyers to review it. They can actually

275
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give you legal arguments as to how to get your registration through. Here's a secret, guys.

276
00:18:13.280 --> 00:18:18.080
All right, here's a secret. You can actually call the examiner.

277
00:18:20.560 --> 00:18:25.040
OK, a lot of people don't actually know this. They think they actually have to do everything

278
00:18:25.040 --> 00:18:32.400
in writing. You can actually call the examiner. Now, here's a hint. If the rejection that you

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receive in an office action is that, let's say, as an example, your description of the goods that

280
00:18:38.080 --> 00:18:44.720
are covered is rejected. Let's say that you have the name Life is Good. And you want to use the

281
00:18:44.720 --> 00:18:49.760
name Life is Good for t-shirts, right? Everybody knows that brand, Life is Good, right? So you want

282
00:18:49.760 --> 00:18:55.680
to use it for t-shirts. But what you said in your recitation of goods, for this description of the

283
00:18:55.680 --> 00:19:04.480
goods that are using it, is you came out and said, for cloth material that may be on a bodily part.

284
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And the examiner said, what the heck are you talking about? Cloth material that might be on a

285
00:19:10.880 --> 00:19:16.320
bodily part, what does that even mean? Do you mean t-shirts? Do you mean jackets? Do you mean

286
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sweaters? And so if you say to yourself, well, yeah, I do mean t-shirts. I do mean jackets. I do

287
00:19:22.080 --> 00:19:28.880
mean sweaters. You don't need to now go do a formal written response to an office action all the time.

288
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Sometimes you can just call the examiner and say, hey, your suggestion, I agree. The examiner says,

289
00:19:36.480 --> 00:19:44.000
great. You go, is that it? And they said, yes. Done. Do you understand the difference in that

290
00:19:44.000 --> 00:19:49.920
phone call in cost versus writing a two or three hour response to an office action explaining

291
00:19:50.720 --> 00:19:57.360
what the law is and all legal garbage? And sometimes just pick up the phone.

292
00:19:57.360 --> 00:20:00.000
They don't do that all the time. But sometimes

293
00:20:00.000 --> 00:20:01.720
Sometimes you can just pick up the phone.

294
00:20:01.720 --> 00:20:05.000
I would speak to your trademark attorney beforehand

295
00:20:05.000 --> 00:20:05.840
before you do that,

296
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because you don't want to say the wrong thing

297
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and then end up in a really bad situation, okay?

298
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So that's number one.

299
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You can actually speak to the examiners.

300
00:20:14.000 --> 00:20:16.040
Some of them are very nice.

301
00:20:16.040 --> 00:20:17.440
Some of them are not very nice.

302
00:20:17.440 --> 00:20:22.000
So hopefully you get a good examiner who's very nice, okay?

303
00:20:22.000 --> 00:20:23.200
All right, number two.

304
00:20:24.560 --> 00:20:25.460
I get this a lot.

305
00:20:25.460 --> 00:20:28.840
People see a trademark that's actually already out there

306
00:20:28.840 --> 00:20:32.860
and they say, well, what if I just add a word to it, okay?

307
00:20:33.720 --> 00:20:35.360
And I see a lot of heads going up and down.

308
00:20:35.360 --> 00:20:37.320
I get this question all the time.

309
00:20:38.400 --> 00:20:40.240
Microsoft exists.

310
00:20:40.240 --> 00:20:43.560
I want to have Microsoft Fireball.

311
00:20:43.560 --> 00:20:45.720
Bad idea, okay?

312
00:20:45.720 --> 00:20:47.060
Just a bad idea.

313
00:20:47.060 --> 00:20:50.800
Like just not a good idea, okay?

314
00:20:50.800 --> 00:20:52.200
Why?

315
00:20:52.200 --> 00:20:55.680
Because you're using their trademark in your trademark.

316
00:20:55.680 --> 00:20:58.640
You cannot use somebody else's trademark in your trademark

317
00:20:59.400 --> 00:21:01.520
and think that you're making it different.

318
00:21:01.520 --> 00:21:05.980
That just does not work, okay, in trademark law.

319
00:21:05.980 --> 00:21:08.840
If you take a federally registered trademark

320
00:21:08.840 --> 00:21:11.500
and you put it inside of your trademark,

321
00:21:11.500 --> 00:21:13.040
you're going to have problems

322
00:21:13.040 --> 00:21:16.360
if it's for the same goods or the same services, right?

323
00:21:16.360 --> 00:21:17.280
It's just a fact.

324
00:21:17.280 --> 00:21:18.400
You're going to run into problems.

325
00:21:18.400 --> 00:21:20.940
And again, I don't want you running into problems.

326
00:21:20.940 --> 00:21:21.780
Is that clear?

327
00:21:21.780 --> 00:21:23.160
Do you understand what that means?

328
00:21:23.160 --> 00:21:25.840
Because I can just tell you that probably 20%

329
00:21:25.880 --> 00:21:28.720
of the people that reach out to me in trademark law,

330
00:21:28.720 --> 00:21:29.560
they got in trouble

331
00:21:29.560 --> 00:21:31.440
because they use somebody else's trademark

332
00:21:31.440 --> 00:21:32.720
in their trademark.

333
00:21:32.720 --> 00:21:34.520
And they said, well, I modified it.

334
00:21:35.400 --> 00:21:38.800
It's like, it's just a bad idea, right?

335
00:21:38.800 --> 00:21:40.840
It's very messy.

336
00:21:40.840 --> 00:21:44.600
And so I would not go down that route just by experience.

337
00:21:44.600 --> 00:21:45.980
I wouldn't do that.

338
00:21:45.980 --> 00:21:49.320
All right, so that's two things right now.

339
00:21:49.320 --> 00:21:51.760
Let me cover maybe two more

340
00:21:51.760 --> 00:21:53.900
before we go into some deep stuff.

341
00:21:54.900 --> 00:21:59.800
You cannot own a descriptive trademark.

342
00:22:01.560 --> 00:22:03.180
Now there's a caveat.

343
00:22:03.180 --> 00:22:05.060
There's an unless.

344
00:22:05.060 --> 00:22:09.400
But for now, I want you to just believe that that's it.

345
00:22:09.400 --> 00:22:11.740
Believe that that was the end of the sentence, period,

346
00:22:11.740 --> 00:22:13.500
or exclamation point, okay?

347
00:22:13.500 --> 00:22:15.760
Now there's really a comma,

348
00:22:15.760 --> 00:22:16.700
but I'll get to the comma

349
00:22:16.700 --> 00:22:18.380
after you understand what I just said.

350
00:22:18.380 --> 00:22:19.340
Then I'll go to the comma.

351
00:22:19.340 --> 00:22:22.300
Otherwise I'm going to confuse all of you, okay?

352
00:22:22.300 --> 00:22:25.760
So if your trademark is merely descriptive,

353
00:22:25.760 --> 00:22:27.580
what do I mean by that?

354
00:22:27.580 --> 00:22:29.680
You've got a construction company.

355
00:22:30.780 --> 00:22:35.780
The construction company makes doors, okay?

356
00:22:37.100 --> 00:22:40.620
Like they make doors and the doors are brown,

357
00:22:40.620 --> 00:22:43.180
or they use doors and the doors are brown.

358
00:22:43.180 --> 00:22:46.380
So you decide to file a trademark application

359
00:22:46.380 --> 00:22:49.600
for your construction company called Brown Door.

360
00:22:50.600 --> 00:22:52.800
It ain't happening.

361
00:22:52.800 --> 00:22:55.040
You're not going to get it, okay?

362
00:22:55.040 --> 00:22:56.480
Why?

363
00:22:56.480 --> 00:22:59.600
It's merely descriptive of the very goods

364
00:22:59.600 --> 00:23:03.280
that you're using the trademark for, okay?

365
00:23:03.280 --> 00:23:05.040
So it's a brown door,

366
00:23:06.500 --> 00:23:08.800
and you're trying to get a federal registration

367
00:23:08.800 --> 00:23:09.720
for the name Brown Door.

368
00:23:09.720 --> 00:23:12.360
That means nobody could ever use those words

369
00:23:12.360 --> 00:23:14.560
to describe the very product that you own.

370
00:23:15.680 --> 00:23:18.760
So the government's never going to give you a right to that.

371
00:23:18.800 --> 00:23:20.220
It just, it doesn't work.

372
00:23:21.880 --> 00:23:24.120
Okay, does that make sense?

373
00:23:24.120 --> 00:23:27.900
So if you have, now there are degrees of this.

374
00:23:27.900 --> 00:23:30.980
So you may think, well, I have a fast computer,

375
00:23:30.980 --> 00:23:33.040
so I want to own fast computer,

376
00:23:33.040 --> 00:23:34.520
or I have great software,

377
00:23:34.520 --> 00:23:37.920
so I want to own great software, or, you know.

378
00:23:37.920 --> 00:23:40.520
Now, anything that is merely descriptive,

379
00:23:40.520 --> 00:23:42.920
you can't get a federal registration for, right?

380
00:23:43.920 --> 00:23:46.040
So, but let me give you the comma now.

381
00:23:46.040 --> 00:23:46.960
Here's the comma.

382
00:23:47.920 --> 00:23:50.680
Because everybody understands what I just said, right?

383
00:23:50.680 --> 00:23:52.600
So now let me give you the comma,

384
00:23:52.600 --> 00:23:53.560
now that you understand it.

385
00:23:53.560 --> 00:23:57.560
The comma is, you may end up in a situation

386
00:23:57.560 --> 00:23:59.440
where you're using something that is descriptive,

387
00:23:59.440 --> 00:24:01.640
but since you're the exclusive user of that,

388
00:24:01.640 --> 00:24:04.480
and you've been doing it for a long time,

389
00:24:04.480 --> 00:24:07.100
you can become well-known for that term.

390
00:24:08.240 --> 00:24:11.040
So if you file a trademark application

391
00:24:11.040 --> 00:24:13.560
for something that is merely descriptive,

392
00:24:13.560 --> 00:24:15.520
but you've really been the only person using that

393
00:24:15.520 --> 00:24:17.580
for like the last five to 10 years,

394
00:24:19.820 --> 00:24:21.920
it may be the case that you can argue

395
00:24:21.920 --> 00:24:25.800
that it's no longer just a descriptive term.

396
00:24:25.800 --> 00:24:28.960
What you want to do is talk to your attorney on this issue.

397
00:24:28.960 --> 00:24:29.960
All right?

398
00:24:29.960 --> 00:24:33.440
So I'm telling you an exception to the rules.

399
00:24:33.440 --> 00:24:35.140
This is an exception to the rule.

400
00:24:35.140 --> 00:24:36.560
The general rule says,

401
00:24:36.560 --> 00:24:38.600
no trademarks for descriptive trademark.

402
00:24:38.600 --> 00:24:40.200
I mean, no federal registration

403
00:24:40.200 --> 00:24:43.680
for a descriptive trademark, period, done, nothing else.

404
00:24:44.640 --> 00:24:46.560
The lawyers who are really crafty,

405
00:24:46.560 --> 00:24:49.120
who understand the law will tell you that,

406
00:24:49.120 --> 00:24:51.460
actually, there's an exception to the rule.

407
00:24:51.460 --> 00:24:52.960
If you're like one of the only people

408
00:24:52.960 --> 00:24:54.580
who've ever used that term,

409
00:24:54.580 --> 00:24:58.000
and everybody's using that term, knowing that it's you,

410
00:24:58.000 --> 00:24:59.920
you may argue that it.

411
00:25:00.000 --> 00:25:02.860
now falls out of a merely descriptive category.

412
00:25:04.680 --> 00:25:07.080
Okay, you can argue that.

413
00:25:07.080 --> 00:25:09.560
And that, I don't wanna confuse you,

414
00:25:09.560 --> 00:25:11.200
but you can write down this term.

415
00:25:11.200 --> 00:25:14.120
If this is you, if what I'm talking about is you,

416
00:25:14.120 --> 00:25:19.000
write down the term supplemental register, all right?

417
00:25:19.000 --> 00:25:20.520
That's all you have to remember.

418
00:25:20.520 --> 00:25:22.680
That's what you're gonna ask your lawyer about.

419
00:25:22.680 --> 00:25:25.080
If you have a term that is really descriptive,

420
00:25:25.080 --> 00:25:27.640
but you're like the only party who's been using it

421
00:25:27.640 --> 00:25:29.140
for like five to 10 years,

422
00:25:29.180 --> 00:25:31.300
and you say, well, yeah, it's descriptive,

423
00:25:31.300 --> 00:25:34.880
but nobody else uses it and everybody knows it's me.

424
00:25:34.880 --> 00:25:36.900
You can actually file the trademark application.

425
00:25:36.900 --> 00:25:38.700
And when you get the rejection,

426
00:25:38.700 --> 00:25:41.860
you can seek to put it on the supplemental register,

427
00:25:41.860 --> 00:25:44.060
but you need to talk to your lawyer, right?

428
00:25:44.060 --> 00:25:45.760
Exactly, very good, Jason.

429
00:25:45.760 --> 00:25:50.160
That's how you write it, supplemental register, okay?

430
00:25:50.160 --> 00:25:51.180
That's what you wanna do.

431
00:25:51.180 --> 00:25:54.420
It might be an I, supplemental or supplemental.

432
00:25:54.420 --> 00:25:56.460
It's either I or E, one of the two.

433
00:25:56.460 --> 00:25:59.140
But in any case, just remember the word.

434
00:25:59.140 --> 00:26:01.980
So just mention that term to your attorney, that's all.

435
00:26:01.980 --> 00:26:05.000
And your attorney is gonna say, what in the world?

436
00:26:05.000 --> 00:26:06.900
How did you know that term?

437
00:26:06.900 --> 00:26:10.220
And then you can just say, I'm smart, and that's all,

438
00:26:10.220 --> 00:26:11.380
and move on from that.

439
00:26:12.340 --> 00:26:16.380
Okay, let me walk you through right now.

440
00:26:16.380 --> 00:26:19.180
Those of you that were in VIP went through this yesterday.

441
00:26:19.180 --> 00:26:22.320
I told you that today I was gonna do a top level search

442
00:26:22.320 --> 00:26:23.840
with everybody, all right?

443
00:26:23.840 --> 00:26:25.340
You got a preview.

444
00:26:25.340 --> 00:26:27.920
Some of you had from homework to actually do a search.

445
00:26:27.920 --> 00:26:30.500
I'm gonna do a search with everybody now, all right?

446
00:26:30.500 --> 00:26:31.860
So those of you that were in VIP,

447
00:26:31.860 --> 00:26:34.100
there should be somewhat of a review.

448
00:26:34.100 --> 00:26:36.180
If it's not a review,

449
00:26:36.180 --> 00:26:38.940
and you're still confused about some things, let me know,

450
00:26:38.940 --> 00:26:42.260
and we'll mention that again in VIP, we'll go deeper.

451
00:26:42.260 --> 00:26:43.420
But I wanna walk people

452
00:26:43.420 --> 00:26:47.220
through a basic trademark search online, all right?

453
00:26:47.220 --> 00:26:50.860
I think this is gonna be very helpful for everybody.

454
00:26:50.860 --> 00:26:52.100
All right, so with that,

455
00:26:52.100 --> 00:26:54.460
let me just grab one thing over here.

456
00:26:55.340 --> 00:27:00.340
Okay, and I'll share my screen, uspto.gov.

457
00:27:09.380 --> 00:27:14.380
All right, and here we go, share screen, pal.

458
00:27:16.100 --> 00:27:17.860
Okay, this is the United States

459
00:27:17.860 --> 00:27:22.860
Patent Trademark Office website, uspto.gov.

460
00:27:23.220 --> 00:27:25.100
What is going on?

461
00:27:25.100 --> 00:27:25.940
Close that.

462
00:27:27.660 --> 00:27:30.420
Let's see, can everybody still see?

463
00:27:32.500 --> 00:27:34.860
Let me do something here first, hold on.

464
00:27:34.860 --> 00:27:36.460
I'm gonna share it one more time.

465
00:27:36.460 --> 00:27:38.860
Wanna make sure it's big enough for all of you.

466
00:27:42.740 --> 00:27:45.020
That should be big enough, good?

467
00:27:45.020 --> 00:27:45.900
Okay, good.

468
00:27:45.900 --> 00:27:48.500
All right, trademarks, searching.

469
00:27:48.500 --> 00:27:50.000
You click on searching here.

470
00:27:51.000 --> 00:27:54.200
Now you have two, but you can either use this button here,

471
00:27:54.200 --> 00:27:56.240
or you can use the link here.

472
00:27:56.240 --> 00:27:59.080
You click on that, you have three options,

473
00:27:59.080 --> 00:28:02.080
a basic search, a more detailed search,

474
00:28:02.080 --> 00:28:04.880
which is called structured, or a free form search.

475
00:28:04.880 --> 00:28:07.280
I would use the second one, all right?

476
00:28:07.280 --> 00:28:10.720
This is what I would do, I always use the second one.

477
00:28:10.720 --> 00:28:12.400
The reason why is because the first one

478
00:28:12.400 --> 00:28:14.360
only gives you certain options that you can do.

479
00:28:14.360 --> 00:28:17.760
You can use the word, the serial number of the registration,

480
00:28:17.800 --> 00:28:20.240
which you likely won't know, or the owner.

481
00:28:20.240 --> 00:28:23.880
But if you use this one instead,

482
00:28:25.040 --> 00:28:27.200
look at all the different fields there are.

483
00:28:28.240 --> 00:28:31.120
You can search by the full mark,

484
00:28:31.120 --> 00:28:32.640
which is the entire trademark.

485
00:28:32.640 --> 00:28:34.880
I would never search an entire trademark.

486
00:28:34.880 --> 00:28:38.280
What I would do instead is I would search using this here,

487
00:28:38.280 --> 00:28:40.820
non-punctuated wordmark.

488
00:28:40.820 --> 00:28:45.080
That's the field I would use, non-punctuated wordmark.

489
00:28:45.080 --> 00:28:46.560
You click on that.

490
00:28:46.560 --> 00:28:51.520
Now you can type in whatever word you want, like Nike, okay?

491
00:28:51.520 --> 00:28:53.840
But non-punctuated wordmark is,

492
00:28:53.840 --> 00:28:56.640
there's no hyphens, there's no commas, things like that.

493
00:28:56.640 --> 00:28:58.480
If you wanna search for punctuations,

494
00:28:58.480 --> 00:29:00.680
then you can say mark with punctuation.

495
00:29:00.680 --> 00:29:03.840
But we're just gonna assume non-punctuated, right?

496
00:29:03.840 --> 00:29:07.080
And then if you wanna specify what the goods are,

497
00:29:07.080 --> 00:29:11.720
or the services are, this over here, this operator,

498
00:29:11.720 --> 00:29:16.040
you have to change the operator to say and, okay?

499
00:29:16.120 --> 00:29:19.000
So now it's gonna search for Nike and,

500
00:29:19.000 --> 00:29:21.840
so let's assume that we're gonna look for footwear,

501
00:29:22.800 --> 00:29:25.000
footwear, okay?

502
00:29:25.000 --> 00:29:28.380
So now you're clicking on, you have footwear,

503
00:29:28.380 --> 00:29:30.200
and the footwear is actually the goods.

504
00:29:30.200 --> 00:29:33.520
So just come down here and select goods and services.

505
00:29:33.520 --> 00:29:34.640
You see how simple that is?

506
00:29:34.640 --> 00:29:38.920
Like that's not really that difficult thus far.

507
00:29:38.920 --> 00:29:41.000
Now you just click submit query.

508
00:29:42.000 --> 00:29:45.680
Now this is every trademark having the name Nike,

509
00:29:48.280 --> 00:29:51.840
including as goods, footwear.

510
00:29:51.840 --> 00:29:55.320
So here's Nike Motiva.

511
00:29:55.320 --> 00:29:59.400
We click on that, see it's owned by the Nike Corporation

512
00:29:59.400 --> 00:30:00.560
and it's for footwear.

513
00:30:00.000 --> 00:30:06.560
where and guess what this was just filed so you guys actually know before most other people

514
00:30:06.560 --> 00:30:12.640
that their nike is actually going after a new trademark called the nike motiva it's october

515
00:30:13.360 --> 00:30:19.680
11th was the filing date okay so now you guys know something that most people probably don't

516
00:30:19.680 --> 00:30:25.280
know now if you want to figure out well what about if there's logos out there how do i know if there's

517
00:30:25.280 --> 00:30:30.960
any logos that are filed by nike just go right up here where it says image list click on that

518
00:30:32.240 --> 00:30:39.440
and let me shrink this down a little bit somehow now it's just too big there you go now what you

519
00:30:39.440 --> 00:30:46.960
have is a listing of trademarks with the logo showing as well here's nike with the swoosh

520
00:30:47.920 --> 00:30:55.760
there's n ntc owned by nike there's nike wow that's an ugly mark i don't know what that one

521
00:30:55.760 --> 00:31:02.240
was there so um there's nike tour that must be golf or something like that uh let's see

522
00:31:03.040 --> 00:31:06.720
so there's a whole bunch of different trademarks that are owned by nike but that's how you can see

523
00:31:06.720 --> 00:31:16.000
the images as you just click on the top where it says images all right now when you look at the

524
00:31:16.000 --> 00:31:24.720
results here it's going to give you a little bit more info here if it says dead next to it next to

525
00:31:24.720 --> 00:31:32.080
the trademark that means either they filed for it and then it went abandoned or it was registered

526
00:31:32.080 --> 00:31:37.440
at some point and then they didn't renew it something like that but it doesn't necessarily

527
00:31:37.440 --> 00:31:41.680
mean that they're not using it anymore it just means that their procedure with the united states

528
00:31:41.680 --> 00:31:49.360
patent trademark office is over like that is completely over and for that reason you if you

529
00:31:49.360 --> 00:31:54.640
see dead alone make sure you do some more research to find out whether or not you truly can use a

530
00:31:54.640 --> 00:32:00.320
trademark that's similar to that like let's say you were going for zonal for sneakers and you went

531
00:32:00.320 --> 00:32:06.560
here and you said oh look it's dead so you click on it and you see abandoned okay so they filed for

532
00:32:06.560 --> 00:32:13.440
it but it went abandoned got it uh it was a 1b application uh let me stop sharing for one second

533
00:32:13.440 --> 00:32:25.360
here what's somebody type in the chat what's a 1b application see if anybody gets this right

534
00:32:26.880 --> 00:32:35.760
we talked about this yesterday intent to use there it is so april congratulations so you win

535
00:32:35.760 --> 00:32:42.160
the electronic business card okay so congratulations on that um let me show you guys what

536
00:32:42.160 --> 00:32:47.120
this is because this is really cool all right so this is my wallet right this actually this wallet

537
00:32:47.120 --> 00:32:51.520
was actually created by one of my clients king's loot so this is a really cool feature there's a

538
00:32:51.520 --> 00:32:57.840
little piece here if you pull it the business card pops up that's so cool i love that so this is

539
00:32:57.840 --> 00:33:04.800
actually my logo right there that's my logo um now this is an electronic business card so all you do

540
00:33:04.800 --> 00:33:10.880
with the electronic business card is you take your cell phone and you just tap it on top of it

541
00:33:10.880 --> 00:33:16.480
and all of your contact information comes right up it's all there you don't have to type it in

542
00:33:16.480 --> 00:33:24.960
you don't have to share pieces of paper nothing so congratulations april so um larissa can you dm

543
00:33:24.960 --> 00:33:30.240
me on that just so i send it to her thanks so you're going to get an email from me and you'll

544
00:33:30.240 --> 00:33:34.720
be able to have your own your own logo on it do whatever you want so you have your own electronic

545
00:33:34.720 --> 00:33:41.040
business card you're welcome all right so let me just take a second now and just see if anybody has

546
00:33:41.040 --> 00:33:46.880
any question on a trademark search we did that really fast but i want to see if i can answer

547
00:33:46.880 --> 00:33:52.000
one or two questions on trademark searches before we go anywhere else so does anybody have a question

548
00:33:52.960 --> 00:33:54.320
on trademark searching

549
00:33:56.640 --> 00:34:04.960
all right poppy go ahead unmute okay so i walked with you through it and did a trademark search

550
00:34:04.960 --> 00:34:10.320
on my own company and nothing came up nothing even close came up which i'm really surprised

551
00:34:10.320 --> 00:34:17.120
about i've had my company for oh my gosh like 25 years and i've actually had to write cease and

552
00:34:17.280 --> 00:34:25.040
desist letters to several people that tried to snag my name wow so because i've had this company

553
00:34:25.040 --> 00:34:36.400
for so long do i still have to trademark it yeah so um the answer is yes uh so let me let me explain

554
00:34:36.400 --> 00:34:42.480
this a little bit for you so if you've been using a name for a really long time and nobody else

555
00:34:43.360 --> 00:34:48.880
let's say that you've been using for 20 years right even specific names yeah like you how many

556
00:34:48.880 --> 00:34:55.760
years did you say you used it 1998 wow okay so it's been a long time yeah yeah it's like 23 years

557
00:34:55.760 --> 00:34:59.840
24 years so uh well first of all congratulations

558
00:35:00.000 --> 00:35:04.020
relations. But let's say you want to just you want to own it

559
00:35:04.020 --> 00:35:08.220
throughout all the United States, right? It there's

560
00:35:08.260 --> 00:35:10.320
there's certain things you can do. If you get a federal

561
00:35:10.320 --> 00:35:13.340
registration, you own all the United States and nobody else

562
00:35:13.620 --> 00:35:15.580
will be able to do anything about that, like it'd be

563
00:35:15.580 --> 00:35:18.720
exclusively yours, right? So let's say that most of your

564
00:35:18.720 --> 00:35:21.820
sales have been in California, New York and Florida, but you

565
00:35:21.820 --> 00:35:27.480
haven't had sales in let's say, Alaska, or Georgia, you know, so

566
00:35:27.480 --> 00:35:29.720
you're thinking, well, I'm going to open up those markets.

567
00:35:29.920 --> 00:35:33.600
So I have a question. So let me finish this example. And then

568
00:35:33.600 --> 00:35:36.480
you can then you can add to it. Okay. Okay, that is the case.

569
00:35:39.040 --> 00:35:45.120
I'm sorry, I do consultations to and I do them internationally.

570
00:35:45.480 --> 00:35:48.680
Yeah, that's okay. That's okay. Well, let's say that your sales

571
00:35:48.680 --> 00:35:52.280
have only been in California and New York, and you want to go

572
00:35:52.280 --> 00:35:55.200
into Georgia. Well, you're thinking of going to Georgia,

573
00:35:55.200 --> 00:35:59.280
you're thinking of going into Alaska, let's say, right. So now

574
00:35:59.280 --> 00:36:03.200
since you've had those sales in California, New York for 24

575
00:36:03.200 --> 00:36:07.240
years, and let's assume for just discussion purposes that you

576
00:36:07.240 --> 00:36:10.200
cover every geographical region of all of California and all of

577
00:36:10.200 --> 00:36:13.600
New York, just just assume it, right? Everybody remember

578
00:36:13.600 --> 00:36:17.200
yesterday, I talked about common law trademark rights, right? So

579
00:36:17.200 --> 00:36:20.680
in the common law, Poppy could continue, right? Even if

580
00:36:20.680 --> 00:36:22.840
somebody got a federal registration, she could

581
00:36:22.840 --> 00:36:26.280
continue using the trademark. Obviously, speak to your

582
00:36:26.280 --> 00:36:30.000
lawyers. This is not legal advice. I know when to say that

583
00:36:30.040 --> 00:36:36.360
I just I know when to say that. This is not legal advice. But

584
00:36:36.360 --> 00:36:40.040
speak to your lawyers to confirm about your specific situations.

585
00:36:40.440 --> 00:36:43.040
But if you've already been doing and somebody gets a federal

586
00:36:43.040 --> 00:36:46.160
registration, they can't stop you from continuing to do what

587
00:36:46.160 --> 00:36:49.320
you're already doing in the specific geographical regions

588
00:36:49.320 --> 00:36:51.360
where you're already doing it. That's called common law

589
00:36:51.360 --> 00:36:54.280
trademark rights. It's very powerful. Most people don't

590
00:36:54.280 --> 00:36:57.680
know anything about it. All right. But now if somebody else

591
00:36:57.680 --> 00:37:00.640
filed a federal trademark application, and they and they

592
00:37:00.640 --> 00:37:05.160
get it, Poppy is now shut down from every other geographical

593
00:37:05.160 --> 00:37:07.960
region throughout the United States. Wow, you can't do

594
00:37:07.960 --> 00:37:11.080
anything about it. That means she's stuck in the geographical

595
00:37:11.080 --> 00:37:15.040
regions where she sold the product or services already.

596
00:37:15.480 --> 00:37:18.760
Period. Does that make sense? That was common law versus

597
00:37:18.760 --> 00:37:22.800
federal. Everybody remember that? Okay, good. All right. So

598
00:37:22.800 --> 00:37:25.720
now, Poppy asked another question. She said, Well, what

599
00:37:25.720 --> 00:37:29.720
if I also have different services like I do consulting?

600
00:37:30.240 --> 00:37:32.720
So it's not I don't just do this one thing. I also do

601
00:37:32.720 --> 00:37:36.440
consulting. Well, that's a second international class,

602
00:37:36.640 --> 00:37:41.480
right? So it's not just one international class. It's now

603
00:37:41.520 --> 00:37:46.280
two international classes. So you may have been you may have

604
00:37:46.280 --> 00:37:50.200
been selling sneakers for 20 years, but you haven't sold

605
00:37:50.200 --> 00:37:53.920
t shirts for 20 years. So just because you've been using the

606
00:37:53.920 --> 00:37:57.200
name Nike on sneakers for 20 years, and you have certain

607
00:37:57.200 --> 00:37:59.560
rights there doesn't mean that you can use the name Nike for

608
00:37:59.560 --> 00:38:02.960
t shirts. Oh, wow. Because that's a different that's a

609
00:38:02.960 --> 00:38:08.360
different international class. Okay, so it comes down to what

610
00:38:08.400 --> 00:38:11.760
is the international class associated with my trademark?

611
00:38:12.480 --> 00:38:15.360
That's what you have to look at. And each international class

612
00:38:16.000 --> 00:38:19.800
may have a different starting date. So this is why you want to

613
00:38:19.800 --> 00:38:22.280
take like a piece of paper and write down what are all the

614
00:38:22.280 --> 00:38:24.760
goods and services that I'm using my trademark for in my

615
00:38:24.760 --> 00:38:28.360
company. This is what all of you should do. This is part this is

616
00:38:28.360 --> 00:38:32.800
a fraction a fraction of what's called an IP audit. This is a

617
00:38:32.800 --> 00:38:37.120
fraction of it guys. Okay, like a real IP audit is very

618
00:38:37.120 --> 00:38:41.360
comprehensive. Like we dig in really deep look and see your

619
00:38:41.360 --> 00:38:44.240
trademarks, your copyrights, your patents, where you're using

620
00:38:44.240 --> 00:38:48.480
them, what you do own already what you may own, we give a

621
00:38:48.480 --> 00:38:51.960
strategic plan like that's very detailed. That's not what I'm

622
00:38:51.960 --> 00:38:55.640
talking about. This is like the very beginning of it, which is

623
00:38:55.760 --> 00:38:59.320
take a piece of paper, write down your trademark, and then

624
00:38:59.320 --> 00:39:02.480
write down every good or service associated with that trademark.

625
00:39:03.680 --> 00:39:08.520
If your company has three trademarks that it uses, maybe

626
00:39:08.520 --> 00:39:12.040
you have one new product line and you have a service line, and

627
00:39:12.040 --> 00:39:14.040
then you have a name for your company. Those are three

628
00:39:14.040 --> 00:39:17.520
trademarks, right? So you should have three pieces of

629
00:39:17.520 --> 00:39:23.400
paper. Paper number one has trademark number one, write

630
00:39:23.400 --> 00:39:26.960
down every single good and service associated with it.

631
00:39:27.480 --> 00:39:30.800
Paper number two has trademark number two, write down every

632
00:39:30.800 --> 00:39:34.040
single good and service associated with trademark number

633
00:39:34.040 --> 00:39:37.040
three, I know I'm doing this slowly, but I'm telling you

634
00:39:37.040 --> 00:39:41.720
this, and I'm taking the time because a lot of people make

635
00:39:41.720 --> 00:39:47.200
mistakes in this area. I just had a multi-million dollar

636
00:39:47.200 --> 00:39:52.560
corporation come to me. They make probably around 50-60

637
00:39:52.560 --> 00:39:59.760
million a year. They made this mistake. They have a specific

638
00:39:59.760 --> 00:40:00.040
trade

639
00:40:00.000 --> 00:40:04.320
trademark for one specific line of goods.

640
00:40:04.320 --> 00:40:06.660
They never filed for the other goods.

641
00:40:06.660 --> 00:40:07.800
You know what happened?

642
00:40:08.800 --> 00:40:12.980
Company in China started making the same product,

643
00:40:12.980 --> 00:40:16.040
knocking off their product and using their trademark.

644
00:40:17.080 --> 00:40:20.720
Now, since they had rights in the United States,

645
00:40:20.720 --> 00:40:22.640
that Chinese company couldn't come into the United States

646
00:40:22.640 --> 00:40:24.700
for those goods, but that Chinese company

647
00:40:24.700 --> 00:40:26.080
did one step further.

648
00:40:26.080 --> 00:40:27.680
They went one step further.

649
00:40:27.680 --> 00:40:30.320
They used that name, not just for the same goods.

650
00:40:30.320 --> 00:40:32.060
They used it for other goods.

651
00:40:33.080 --> 00:40:34.960
So instead of just sneakers,

652
00:40:34.960 --> 00:40:37.640
they use that same name now for jackets.

653
00:40:37.640 --> 00:40:40.400
They use that name for golf clubs.

654
00:40:40.400 --> 00:40:42.920
Okay, so now what happens?

655
00:40:42.920 --> 00:40:46.880
My client who just came in is completely distraught

656
00:40:46.880 --> 00:40:51.100
because now they cannot own that name

657
00:40:51.100 --> 00:40:54.200
for jackets or for golf clubs.

658
00:40:54.200 --> 00:40:56.440
I'm giving you, that's not exactly what the goods were.

659
00:40:56.440 --> 00:40:59.280
I'm just giving you an example, all right?

660
00:40:59.280 --> 00:41:01.560
So you've gotta make sure every place

661
00:41:01.560 --> 00:41:04.040
where you're going to use that trademark,

662
00:41:04.040 --> 00:41:06.760
you have to list them all in your trademark application

663
00:41:06.760 --> 00:41:08.280
and your list may include more

664
00:41:08.280 --> 00:41:10.280
than one international class.

665
00:41:10.280 --> 00:41:11.760
So I'm gonna take a moment to show you

666
00:41:11.760 --> 00:41:14.080
what international classes are,

667
00:41:14.080 --> 00:41:15.200
because some of you are probably going,

668
00:41:15.200 --> 00:41:17.120
what in the world is an international class?

669
00:41:17.120 --> 00:41:19.480
I don't understand, all right?

670
00:41:19.480 --> 00:41:21.960
So let me just take a moment to explain to you

671
00:41:21.960 --> 00:41:23.520
what international classes are.

672
00:41:23.520 --> 00:41:25.920
Natalie, did you have a question about searches?

673
00:41:27.480 --> 00:41:29.560
Yeah, all right, unmute yourself, my friend, go ahead.

674
00:41:29.560 --> 00:41:30.400
Okay.

675
00:41:31.920 --> 00:41:34.160
What about a phrase?

676
00:41:34.160 --> 00:41:37.640
And if you use a phrase

677
00:41:38.680 --> 00:41:41.240
and there's maybe quotes around a word,

678
00:41:41.240 --> 00:41:43.560
the quotes would have to be in there.

679
00:41:43.560 --> 00:41:45.920
Would that be a consistent thing?

680
00:41:45.920 --> 00:41:48.160
How do we search for a phrase?

681
00:41:49.960 --> 00:41:50.800
Let me show you.

682
00:41:51.840 --> 00:41:52.840
That's a good question.

683
00:41:52.880 --> 00:41:54.520
By the way, I don't know if you saw how many heads

684
00:41:54.520 --> 00:41:55.840
went up and down when you said that.

685
00:41:55.840 --> 00:41:57.560
So well done.

686
00:41:58.760 --> 00:42:02.320
There were a lot of people went immediately.

687
00:42:02.320 --> 00:42:04.320
So that's a great question.

688
00:42:04.320 --> 00:42:06.080
So let me share my screen again.

689
00:42:07.640 --> 00:42:11.640
Okay, everybody see the screen says Nike zone all again?

690
00:42:11.640 --> 00:42:12.480
All right.

691
00:42:12.480 --> 00:42:14.160
All right, so let me go back here.

692
00:42:15.080 --> 00:42:16.880
So if I were doing this here,

693
00:42:16.880 --> 00:42:21.320
let's just say I did a search for just do it, right?

694
00:42:21.320 --> 00:42:22.280
Let me show you what happens.

695
00:42:22.680 --> 00:42:24.920
If I do a search for just do it and footwear.

696
00:42:26.360 --> 00:42:28.920
3096 records.

697
00:42:28.920 --> 00:42:30.120
Now, why is that?

698
00:42:31.560 --> 00:42:33.400
Why do you think that is?

699
00:42:33.400 --> 00:42:34.760
What do you think happened?

700
00:42:38.320 --> 00:42:39.200
Just guess.

701
00:42:40.080 --> 00:42:43.040
Is it maybe just a part of their name?

702
00:42:43.040 --> 00:42:44.280
Exactly.

703
00:42:44.280 --> 00:42:47.800
So unless you put quotes at the beginning and the end,

704
00:42:48.800 --> 00:42:53.080
you're not gonna get the trademarks with just do it in it.

705
00:42:53.080 --> 00:42:55.400
So what you wanna do in your search

706
00:42:55.400 --> 00:42:56.560
is make sure that you put,

707
00:42:56.560 --> 00:42:59.560
if you're looking for a specific phrase,

708
00:42:59.560 --> 00:43:00.680
then put quotes around it.

709
00:43:00.680 --> 00:43:02.520
Now I'm gonna warn you here.

710
00:43:02.520 --> 00:43:04.680
I wanna make sure everybody's listening here.

711
00:43:04.680 --> 00:43:09.680
When I pause, just as a clue,

712
00:43:10.480 --> 00:43:13.960
when I pause and you see me shift my position here

713
00:43:13.960 --> 00:43:16.400
and I sit up straight and I'm going,

714
00:43:16.960 --> 00:43:18.480
let me warn you.

715
00:43:18.480 --> 00:43:21.280
The reason why I'm doing that is because I'm a litigator.

716
00:43:21.280 --> 00:43:22.120
All right?

717
00:43:22.120 --> 00:43:25.400
And I litigate in many states of the United States

718
00:43:25.400 --> 00:43:26.840
and I see these issues.

719
00:43:26.840 --> 00:43:30.320
So there's a flag going off in my head going,

720
00:43:30.320 --> 00:43:32.000
I need to make sure they get this point.

721
00:43:32.000 --> 00:43:33.920
So anytime you see me do that,

722
00:43:33.920 --> 00:43:36.200
like John's doing right now, like write it down.

723
00:43:36.200 --> 00:43:38.800
Like this is really important stuff, okay?

724
00:43:38.800 --> 00:43:40.640
All right, so here's what I would do.

725
00:43:42.320 --> 00:43:44.840
If you have a phrase,

726
00:43:44.880 --> 00:43:47.560
don't just search for the phrase in quotes.

727
00:43:48.640 --> 00:43:53.560
The reason why I'm saying that is if somebody else

728
00:43:53.560 --> 00:43:57.040
has a federal registration for just do,

729
00:43:57.040 --> 00:43:58.880
like let's say it's just just do,

730
00:43:58.880 --> 00:44:02.400
like the word just do and it's not in there, okay?

731
00:44:03.320 --> 00:44:08.320
So if somebody else has a federal registration for just do,

732
00:44:08.680 --> 00:44:10.320
let me share my screen again.

733
00:44:11.320 --> 00:44:14.320
And I search for just do it alone.

734
00:44:15.480 --> 00:44:17.520
All I'm gonna get are these registrations here.

735
00:44:17.520 --> 00:44:19.880
Just do it, just do it, just do it, just do it,

736
00:44:19.880 --> 00:44:21.120
just do it, right?

737
00:44:21.120 --> 00:44:24.880
But if I go back and I search for just do alone,

738
00:44:26.680 --> 00:44:29.240
I'm gonna see other people's registrations.

739
00:44:29.240 --> 00:44:33.720
Like just do it epic or just do epic or just do,

740
00:44:33.720 --> 00:44:35.760
okay, let's move on from there.

741
00:44:35.760 --> 00:44:37.520
Just do good, all right?

742
00:44:37.640 --> 00:44:39.400
Did not see that one coming, all right.

743
00:44:39.400 --> 00:44:41.560
You learn something new every day.

744
00:44:41.560 --> 00:44:43.840
Same thing for, let's say,

745
00:44:43.840 --> 00:44:48.840
let's say you did a search for Microsoft Excel.

746
00:44:50.840 --> 00:44:55.840
So when you do your search for Microsoft Excel, really?

747
00:44:55.840 --> 00:44:57.840
Well, I guess they just don't do it, right?

748
00:44:57.840 --> 00:44:58.680
They don't do it.

749
00:44:58.680 --> 00:44:59.520
They don't do it.

750
00:44:59.520 --> 00:45:00.360
They don't do it.

751
00:45:00.000 --> 00:45:02.960
own Excel. They probably, oh, I know why, because we have footwear here.

752
00:45:00.360 --> 00:45:01.200
They don't do it.

753
00:45:01.200 --> 00:45:02.040
They don't do it.

754
00:45:02.040 --> 00:45:02.880
They don't do it.

755
00:45:02.880 --> 00:45:03.720
They don't do it.

756
00:45:03.720 --> 00:45:04.560
They don't do it.

757
00:45:04.560 --> 00:45:05.400
They don't do it.

758
00:45:04.720 --> 00:45:11.280
I have to change that to software. Let's see if it comes up. No. Let me try and see if we can find

759
00:45:11.280 --> 00:45:22.880
Microsoft's trademark. Let's see if they own Microsoft as the owner, owner name, and Excel

760
00:45:22.880 --> 00:45:27.120
non-punctual. Let's see if they own that trademark. They do. Okay, so here's their registration,

761
00:45:27.120 --> 00:45:35.680
Excel, right? So if I did a search for Microsoft Excel, let's say I did a search for Microsoft

762
00:45:36.400 --> 00:45:43.040
Excel, and when I searched, I said, oh, it's clear. It's clear. There's definitely no chance

763
00:45:43.040 --> 00:45:48.800
of infringement. I can now use Microsoft Excel. Do you see what just happened there

764
00:45:49.520 --> 00:45:55.440
by doing that kind of search? Because I used the quotes, it's only looking for all those words.

765
00:45:55.440 --> 00:46:01.440
It's looking for the entire thing. But if you don't search the words individually, you may end

766
00:46:01.440 --> 00:46:06.480
up in a situation, and this is why I'm telling you, use a lawyer to do your trademark search.

767
00:46:06.480 --> 00:46:12.240
What I'm teaching you is a top-level search, so you can go from multiple potential trademarks

768
00:46:12.240 --> 00:46:17.520
down to a handful or maybe one or two that you're really interested in. Then you present those to

769
00:46:17.520 --> 00:46:22.640
your lawyers to do a good job, right? Because that's what they do for a living. But if you

770
00:46:22.640 --> 00:46:28.640
search Microsoft Excel right now, you would start using Microsoft Excel. You know what would happen

771
00:46:28.640 --> 00:46:34.880
tomorrow? Ding dong. They're serving you for committing trademark infringement if you're using

772
00:46:34.880 --> 00:46:40.960
it for software, right? So what I would do in your search is I would make sure that when you do a

773
00:46:40.960 --> 00:46:50.880
search, you search for Microsoft alone, and when you search Microsoft alone, you go, whoa, 194

774
00:46:51.760 --> 00:46:56.640
records for Microsoft? Wow. Now you can actually look at these and see whether or not they're a

775
00:46:56.640 --> 00:47:04.800
problem. But then I would also look for Excel, Excel alone, and review the results. And now,

776
00:47:04.800 --> 00:47:09.760
oh, there's four trademarks there. Now you can actually click on that and see, oh, there's the

777
00:47:09.760 --> 00:47:15.520
actual trademark that's owned by Microsoft for Excel. It was filed April 12th, which is my

778
00:47:15.520 --> 00:47:21.600
birthday, by the way. 2004. What are the chances of that? That's pretty cool. For computer software.

779
00:47:22.400 --> 00:47:29.680
Okay, so some of you might be saying to yourselves, well, that's a lot of results I have to go through.

780
00:47:30.560 --> 00:47:36.560
Like, oh, I don't want to review all this stuff. It's not fair. Like, I don't want, it takes time.

781
00:47:36.560 --> 00:47:43.120
I don't want to do that, right? So here's what I would offer you. You're not paying for it.

782
00:47:43.760 --> 00:47:49.600
It's free. So if you get a lot of results, take the time and look through them. Like, you know,

783
00:47:49.600 --> 00:47:54.560
watch TV, hang out with the family, do whatever, and review your results. There may be a lot of

784
00:47:54.560 --> 00:48:02.560
results, but you didn't pay 600 bucks an hour to review them, right? So you actually spent zero

785
00:48:02.560 --> 00:48:07.520
dollars, and you're going to review everything and figure out what actually looks potentially good,

786
00:48:07.520 --> 00:48:12.960
and then give that to your attorney. Does that help, Natalie? Yeah? Okay, great. Awesome, awesome.

787
00:48:13.520 --> 00:48:20.240
Okay. All right. With that, let me cover two more things here. Let me talk a little bit about

788
00:48:20.240 --> 00:48:26.960
domain names. Just by a show of hands, how many people here own a domain name? At least one.

789
00:48:27.520 --> 00:48:33.440
Okay. Now, how many of you people that put up their hands for owning a domain name

790
00:48:34.080 --> 00:48:40.000
also own a trademark with that domain name? Or own a domain name with that trademark?

791
00:48:40.960 --> 00:48:48.400
Okay. Yesterday, we kind of touched base on how the relationship between domain names and

792
00:48:48.400 --> 00:48:53.840
trademarks, right? We kind of touched base on that at a top level. Let me go a little more

793
00:48:53.840 --> 00:49:02.880
detailed here. If you have a federal registration for a trademark, and somebody buys a domain name

794
00:49:03.760 --> 00:49:10.480
that is exactly the same as your federal registration, you may be able to stop them

795
00:49:10.480 --> 00:49:16.640
from using that domain name, okay? Using the domain name dispute policy,

796
00:49:18.400 --> 00:49:24.320
all right? It's called the domain name dispute policy. I'm going to drop in the Facebook group

797
00:49:24.960 --> 00:49:30.480
the link to be able to access that so you can see what you can do. Why am I telling you this?

798
00:49:31.280 --> 00:49:37.680
Because people blackmail trademark owners all the time trying to sell a domain name for the exact

799
00:49:37.680 --> 00:49:43.280
same trademark that they own. I see Poppy like, yep. It's like, yeah, this happens all the time,

800
00:49:43.280 --> 00:49:50.560
guys. This is why I tell you the sequence that I would do is I would do my search. I would find a

801
00:49:50.560 --> 00:49:54.800
trademark that looks really good. I would get ready to file my trademark. Then I would buy the

802
00:49:54.800 --> 00:49:59.760
domain name if it's available. Then I would file the trademark application because

803
00:50:00.000 --> 00:50:01.720
If you file the trademark application,

804
00:50:01.720 --> 00:50:03.760
there's these people that are watching the registry

805
00:50:03.760 --> 00:50:06.640
to see everybody who's filing in that day,

806
00:50:06.640 --> 00:50:08.880
and they immediately buy the domain name

807
00:50:08.880 --> 00:50:12.160
that has the exact same name as your trademark.

808
00:50:12.160 --> 00:50:13.400
And now you're getting frustrated

809
00:50:13.400 --> 00:50:17.320
because a domain name that could have cost you 8.95

810
00:50:18.200 --> 00:50:23.200
on, what is it, Namecheap, now costs you 2,500 bucks.

811
00:50:25.720 --> 00:50:27.420
You're welcome.

812
00:50:27.500 --> 00:50:30.860
All right, that's the sequence you wanna use.

813
00:50:30.860 --> 00:50:32.940
I'm telling you this because I know a lot of people

814
00:50:32.940 --> 00:50:34.700
that are famous and not famous

815
00:50:34.700 --> 00:50:36.820
who run into this problem a lot.

816
00:50:36.820 --> 00:50:40.060
So I'd much rather you own the domain name for nine bucks

817
00:50:40.060 --> 00:50:41.380
and you own your trademark.

818
00:50:41.380 --> 00:50:42.620
But if you do have a trademark

819
00:50:42.620 --> 00:50:44.540
and somebody buys the domain name

820
00:50:44.540 --> 00:50:46.060
for your exact same trademark,

821
00:50:46.060 --> 00:50:48.700
and they're using it for similar goods and services,

822
00:50:48.700 --> 00:50:50.900
you can use the domain name dispute policy.

823
00:50:50.900 --> 00:50:52.460
I'll drop the link.

824
00:50:52.460 --> 00:50:55.380
You can speak to an attorney and ask them how to use it.

825
00:50:55.380 --> 00:50:56.500
Okay?

826
00:50:56.500 --> 00:50:58.540
So that's one way you can stop these people

827
00:50:58.540 --> 00:51:02.700
from blackmailing you, which is, it's kind of annoying,

828
00:51:02.700 --> 00:51:04.500
but they make a business out of it.

829
00:51:04.500 --> 00:51:07.020
So that's one thing that they do a lot.

830
00:51:07.020 --> 00:51:12.020
Now, let me go into just,

831
00:51:12.660 --> 00:51:14.380
yeah, let me share something with you here.

832
00:51:14.380 --> 00:51:17.140
I'm gonna share with you a link.

833
00:51:17.140 --> 00:51:18.940
I'm gonna throw it in the chat.

834
00:51:18.940 --> 00:51:21.900
Paste, how.

835
00:51:21.900 --> 00:51:25.560
Then I'm gonna open that chat, that up for all of you to see.

836
00:51:26.440 --> 00:51:27.280
Paste.

837
00:51:28.160 --> 00:51:29.000
Okay.

838
00:51:31.760 --> 00:51:33.520
All right, let's do this.

839
00:51:34.440 --> 00:51:36.120
I'm gonna share my screen with all of you.

840
00:51:36.120 --> 00:51:36.960
Okay.

841
00:51:36.960 --> 00:51:39.000
What I just dropped for all of you

842
00:51:40.720 --> 00:51:44.160
is the listing of international classes.

843
00:51:44.160 --> 00:51:47.160
Every trademark application that you file

844
00:51:47.160 --> 00:51:51.720
must be within an international class, at least one.

845
00:51:52.600 --> 00:51:54.920
If it's software, it's gonna be class nine.

846
00:51:55.240 --> 00:51:56.840
If it's gonna be online education,

847
00:51:56.840 --> 00:51:58.120
it's gonna be class 41.

848
00:51:58.120 --> 00:51:59.320
How do I know this?

849
00:51:59.320 --> 00:52:01.600
I've been doing this 25 years.

850
00:52:01.600 --> 00:52:03.640
Or I've been doing this a long time.

851
00:52:03.640 --> 00:52:06.900
So when you come out with a trademark application,

852
00:52:06.900 --> 00:52:09.720
which I'm gonna kind of talk to you a little bit about

853
00:52:09.720 --> 00:52:11.120
right after this.

854
00:52:11.120 --> 00:52:12.120
And if you're in VIP,

855
00:52:12.120 --> 00:52:15.080
we're gonna do a live trademark application filing together.

856
00:52:15.080 --> 00:52:16.760
And you'll get the video so you can watch

857
00:52:16.760 --> 00:52:19.200
and see all the steps that are involved.

858
00:52:19.200 --> 00:52:21.400
And again, it's not for you to file an application

859
00:52:21.400 --> 00:52:22.240
on your own.

860
00:52:22.240 --> 00:52:24.040
It's so you understand all the parts.

861
00:52:24.040 --> 00:52:25.840
You can get all the parts together

862
00:52:25.840 --> 00:52:28.240
and then give all the parts to your attorney

863
00:52:28.240 --> 00:52:31.640
so that they can actually do a filing at way lower costs

864
00:52:31.640 --> 00:52:32.880
than what it would normally cost.

865
00:52:32.880 --> 00:52:33.820
Okay.

866
00:52:33.820 --> 00:52:36.480
So let me share my screen.

867
00:52:36.480 --> 00:52:41.440
This is what's called a listing of international classes.

868
00:52:41.440 --> 00:52:42.360
All right.

869
00:52:42.360 --> 00:52:47.080
Every trademark application must fall into at least one.

870
00:52:47.080 --> 00:52:50.480
There must be at least one international class.

871
00:52:50.480 --> 00:52:51.480
Okay.

872
00:52:51.480 --> 00:52:53.120
So with that being the case,

873
00:52:55.040 --> 00:52:57.680
every class here is listed.

874
00:52:57.680 --> 00:52:59.480
All you have to do is go to that link

875
00:52:59.480 --> 00:53:02.920
and then scroll down and you'll see what falls in a class.

876
00:53:02.920 --> 00:53:04.320
Class one, chemicals.

877
00:53:04.320 --> 00:53:06.360
Class two, paints.

878
00:53:06.360 --> 00:53:07.880
Three, cosmetics.

879
00:53:07.880 --> 00:53:09.760
You know, four, lubricants.

880
00:53:09.760 --> 00:53:11.240
Like just, you go through them.

881
00:53:11.240 --> 00:53:14.640
If you're in the drug industry, class five.

882
00:53:14.640 --> 00:53:17.600
Metal goods fall into class six.

883
00:53:17.600 --> 00:53:18.880
Just go through and read it.

884
00:53:18.880 --> 00:53:21.000
Like you have the link, it costs you nothing.

885
00:53:21.040 --> 00:53:24.240
Now you can look through and see where things fall.

886
00:53:25.120 --> 00:53:26.640
Class seven is machinery.

887
00:53:26.640 --> 00:53:28.560
The ones that people use a lot.

888
00:53:28.560 --> 00:53:31.080
Class nine is a big one.

889
00:53:31.080 --> 00:53:34.680
This is where a lot of the software falls.

890
00:53:34.680 --> 00:53:37.520
A lot of the electronic devices fall.

891
00:53:37.520 --> 00:53:39.160
A lot of the inventions that are electrical,

892
00:53:39.160 --> 00:53:41.120
they fall into class nine.

893
00:53:41.120 --> 00:53:43.920
Software falls into class nine.

894
00:53:43.920 --> 00:53:46.040
10 is medical apparatus.

895
00:53:47.000 --> 00:53:49.440
I'll show you another one that people use a lot.

896
00:53:50.440 --> 00:53:53.520
Jewelry is a big one.

897
00:53:53.520 --> 00:53:56.360
But if you come out with your own new jewelry line,

898
00:53:56.360 --> 00:53:58.720
that's class 14.

899
00:53:58.720 --> 00:54:00.880
For those of you that have musical instruments,

900
00:54:00.880 --> 00:54:03.160
you come out with, let's say you have a name

901
00:54:03.160 --> 00:54:06.320
that you're using for a musical instrument line,

902
00:54:06.320 --> 00:54:08.120
that'll fall into class 15.

903
00:54:08.120 --> 00:54:11.160
Tomorrow we're gonna be touching base on copyright law.

904
00:54:11.160 --> 00:54:16.000
So for those of you that are musicians, who are singers,

905
00:54:16.000 --> 00:54:17.280
who are artists in different ways,

906
00:54:17.280 --> 00:54:19.120
tomorrow's gonna be a really important day for you.

907
00:54:19.800 --> 00:54:21.080
Don't miss it.

908
00:54:21.080 --> 00:54:22.760
Even if you're creating like,

909
00:54:22.760 --> 00:54:26.080
I know some of you have like board games and other games.

910
00:54:26.080 --> 00:54:28.400
There's a lot of creative people here, quite frankly.

911
00:54:28.400 --> 00:54:30.280
I'm really impressed with this group.

912
00:54:31.320 --> 00:54:33.600
So any of those games,

913
00:54:33.600 --> 00:54:36.560
you'll have the names that are protectable by trademark,

914
00:54:36.560 --> 00:54:39.080
the logos protectable by trademark.

915
00:54:39.080 --> 00:54:42.000
But then when it comes to the text on the inside,

916
00:54:42.000 --> 00:54:44.760
like the owner's manual, that's copyright law.

917
00:54:44.760 --> 00:54:47.840
The painting or the image, that's copyright law.

918
00:54:48.840 --> 00:54:51.680
There's different things that are protectable

919
00:54:51.680 --> 00:54:53.240
within just a game.

920
00:54:54.240 --> 00:54:57.480
And let me show, I'll show you one more that is used a lot.

921
00:54:57.480 --> 00:55:00.160
Nope, nope, nope, nope.

922
00:55:00.720 --> 00:55:03.520
Clothing is a big one, 25.

923
00:55:03.520 --> 00:55:07.760
So if you're doing a t-shirt line, that's a big one.

924
00:55:07.760 --> 00:55:10.260
A lot of that's gonna be class 25, okay?

925
00:55:11.920 --> 00:55:16.040
Toys, some of you are doing games like we just talked about.

926
00:55:16.040 --> 00:55:18.240
So whatever the name is of your game,

927
00:55:18.240 --> 00:55:19.880
if you're getting a trademark application,

928
00:55:19.880 --> 00:55:23.500
that'll fall into class 28 for toys, okay?

929
00:55:25.400 --> 00:55:26.760
And there's a number of others.

930
00:55:26.760 --> 00:55:29.380
Class 40, I'll just go right to 41

931
00:55:29.380 --> 00:55:32.540
because I have a number of federal registrations in 41.

932
00:55:32.540 --> 00:55:36.980
And that is education and entertainment, okay?

933
00:55:36.980 --> 00:55:40.140
So if you're teaching online, if you're doing challenges,

934
00:55:40.140 --> 00:55:44.080
if you're doing, if you have an evergreen course,

935
00:55:44.080 --> 00:55:45.900
that's class 41.

936
00:55:45.900 --> 00:55:48.860
So let me just stop for a second.

937
00:55:48.860 --> 00:55:49.860
Does that help?

938
00:55:49.860 --> 00:55:50.980
That link help?

939
00:55:50.980 --> 00:55:52.300
Yeah?

940
00:55:52.300 --> 00:55:55.260
So here's the thing, here's your homework.

941
00:55:55.260 --> 00:55:57.180
For all of you that use a trademark

942
00:55:58.180 --> 00:56:01.380
or all of you that have a unique domain name,

943
00:56:01.380 --> 00:56:03.660
do your own trademark search

944
00:56:03.660 --> 00:56:07.020
and then figure out what international class

945
00:56:07.020 --> 00:56:11.400
is associated with the goods or services that you provide.

946
00:56:12.820 --> 00:56:14.220
Okay, that's all it is.

947
00:56:14.220 --> 00:56:16.460
And then when you go into the Facebook group,

948
00:56:17.740 --> 00:56:20.100
don't write in your, don't write your trademark, okay?

949
00:56:20.100 --> 00:56:24.060
I don't want you to do that, but I'm gonna start,

950
00:56:24.060 --> 00:56:27.100
I'm gonna actually start a post

951
00:56:27.900 --> 00:56:29.140
and under it, you can just kind of like write

952
00:56:29.140 --> 00:56:31.700
international class nine, international class 11,

953
00:56:31.700 --> 00:56:35.460
just to kind of confirm that you did this exercise,

954
00:56:35.460 --> 00:56:37.220
just write down the international class

955
00:56:37.220 --> 00:56:39.580
that's associated with whatever you have.

956
00:56:39.580 --> 00:56:41.060
Don't write down what you have,

957
00:56:41.060 --> 00:56:43.260
just write down the international class.

958
00:56:43.260 --> 00:56:45.420
And what you'll find is that there's a lot of people here

959
00:56:45.420 --> 00:56:47.940
that are doing very different things.

960
00:56:47.940 --> 00:56:50.660
We should probably cover a good,

961
00:56:50.660 --> 00:56:53.580
I'd say 10 to 15 different international classes

962
00:56:53.580 --> 00:56:55.060
from this group alone,

963
00:56:55.060 --> 00:56:58.740
judging by what I've heard from all of you thus far, okay?

964
00:57:00.380 --> 00:57:01.380
Is this helping so far?

965
00:57:01.380 --> 00:57:03.060
Are you guys still with me?

966
00:57:03.060 --> 00:57:06.540
Yeah, is this too much or is it, no, you're okay.

967
00:57:06.540 --> 00:57:07.460
All right, good.

968
00:57:07.460 --> 00:57:09.060
All right, I don't wanna lose anybody.

969
00:57:09.060 --> 00:57:12.300
Again, you have the videos, it's being recorded.

970
00:57:12.300 --> 00:57:14.980
You'll be able to watch the videos as well, okay?

971
00:57:14.980 --> 00:57:16.260
Now, what I'm gonna walk you through

972
00:57:16.260 --> 00:57:18.180
in the last few minutes

973
00:57:18.180 --> 00:57:21.660
is the United States Patent Trademark Office website.

974
00:57:22.620 --> 00:57:27.620
I'm gonna show you one thing here real quick.

975
00:57:28.860 --> 00:57:30.660
Now, again, if you're a VIP,

976
00:57:30.660 --> 00:57:31.660
we're gonna walk you through

977
00:57:31.660 --> 00:57:33.820
an actual trademark application,

978
00:57:33.820 --> 00:57:36.060
but I wanna show you if you're not a VIP,

979
00:57:36.060 --> 00:57:37.340
where you go at least,

980
00:57:37.340 --> 00:57:40.180
so at least you know where you go, all right?

981
00:57:40.180 --> 00:57:42.020
So let me share a screen real quick.

982
00:57:44.380 --> 00:57:47.260
Okay, so here's the main screen.

983
00:57:47.260 --> 00:57:50.660
Let me shrink it down, shrink, shrink, shrink.

984
00:57:51.660 --> 00:57:52.500
Okay.

985
00:57:57.340 --> 00:57:58.180
Okay.

986
00:57:59.540 --> 00:58:03.660
So when you're in here and you click on Trademarks,

987
00:58:05.260 --> 00:58:07.060
there's a button that says Apply Online.

988
00:58:07.060 --> 00:58:11.340
Now, let me just ask a question real quick.

989
00:58:12.660 --> 00:58:15.260
How many people here have registered

990
00:58:15.260 --> 00:58:17.500
with the United States Patent Trademark Office

991
00:58:17.500 --> 00:58:19.700
to use the website, just by a show of hands?

992
00:58:20.700 --> 00:58:23.740
Just a few, okay, all right.

993
00:58:23.740 --> 00:58:26.700
All right, so as a surprise,

994
00:58:26.700 --> 00:58:29.380
as a surprise, John's gonna be training

995
00:58:29.380 --> 00:58:31.020
this section of the course.

996
00:58:31.020 --> 00:58:32.020
John, you're ready, right?

997
00:58:32.020 --> 00:58:33.860
We talked about this, you ready?

998
00:58:33.860 --> 00:58:34.700
You're not ready?

999
00:58:36.660 --> 00:58:38.540
John's like, what are you talking about, Pete?

1000
00:58:38.540 --> 00:58:40.580
That is not happening.

1001
00:58:40.580 --> 00:58:45.060
So the USPTO website to use it, as John knows,

1002
00:58:45.060 --> 00:58:49.220
as Judy knows, you actually have to have applied

1003
00:58:50.060 --> 00:58:51.900
to be able to use it, okay?

1004
00:58:51.900 --> 00:58:54.700
You can't just like jump in and just start using it.

1005
00:58:54.700 --> 00:58:56.900
So I'm gonna show you where you do that.

1006
00:58:58.060 --> 00:59:00.500
So let me just share the screen real quick.

1007
00:59:01.540 --> 00:59:03.620
When you click on Apply Online,

1008
00:59:05.020 --> 00:59:09.380
there's a screen that says Login to TEAS, to Access Forms.

1009
00:59:09.380 --> 00:59:10.580
There's all this other stuff here,

1010
00:59:10.580 --> 00:59:14.300
which to me is very confusing, quite frankly.

1011
00:59:14.300 --> 00:59:16.220
What I would do instead is I would just go

1012
00:59:16.220 --> 00:59:17.620
to the top right here.

1013
00:59:17.660 --> 00:59:20.180
There's a button that says My USPTO,

1014
00:59:20.180 --> 00:59:23.140
and you click on that, that's it.

1015
00:59:23.140 --> 00:59:25.020
It's just so much cleaner.

1016
00:59:25.020 --> 00:59:29.660
I think if you go this other way into their site,

1017
00:59:29.660 --> 00:59:33.740
it's so confusing, like trademarks, Apply Online,

1018
00:59:33.740 --> 00:59:35.740
then you're here and you're like, well, what do I do?

1019
00:59:35.740 --> 00:59:38.860
And now you've got to read through all this material

1020
00:59:38.860 --> 00:59:43.100
and initial application forms, and can you use it?

1021
00:59:43.100 --> 00:59:45.020
Yeah, you could click here.

1022
00:59:45.020 --> 00:59:47.460
Then you can click Start Your Application

1023
00:59:48.300 --> 00:59:50.580
and then TEAS, which essentially is gonna get you back

1024
00:59:50.580 --> 00:59:52.380
to the same screen, right?

1025
00:59:53.420 --> 00:59:56.500
So what I would do instead is just go right to the screen,

1026
00:59:56.500 --> 00:59:58.660
My USPTO, there it is.

1027
00:59:58.660 --> 01:00:00.300
So you're gonna click on, I need.

1028
01:00:00.000 --> 01:00:04.440
need an account, create a USPTO.gov account.

1029
01:00:04.440 --> 01:00:06.440
That's where you're going.

1030
01:00:06.440 --> 01:00:10.880
Now you fill in all the data, your email address, your name,

1031
01:00:10.880 --> 01:00:12.200
blah, blah, blah.

1032
01:00:12.200 --> 01:00:13.800
And then you're going to have to do

1033
01:00:13.800 --> 01:00:15.400
a number of different things, OK?

1034
01:00:15.400 --> 01:00:21.080
So I just wanted to show you that portion here,

1035
01:00:21.080 --> 01:00:23.600
because what I found is a number of people

1036
01:00:23.600 --> 01:00:26.120
wanted to try out the website, but they couldn't.

1037
01:00:26.120 --> 01:00:28.520
And the reason why is because they weren't registered

1038
01:00:28.520 --> 01:00:29.960
with the site yet.

1039
01:00:29.960 --> 01:00:32.200
You have to be registered with the site to use it.

1040
01:00:32.200 --> 01:00:34.040
You don't have to be registered with the site

1041
01:00:34.040 --> 01:00:35.320
to do a trademark search.

1042
01:00:35.320 --> 01:00:36.960
But if you're going to do a trademark application,

1043
01:00:36.960 --> 01:00:38.920
you have to be registered with the site.

1044
01:00:38.920 --> 01:00:41.280
Does that make sense?

1045
01:00:41.280 --> 01:00:42.880
So for those of you who have never

1046
01:00:42.880 --> 01:00:45.920
used the site, what you can do tonight,

1047
01:00:45.920 --> 01:00:49.640
because you've got me for three more days after today.

1048
01:00:49.640 --> 01:00:53.480
So I was going to say take advantage of me,

1049
01:00:53.480 --> 01:00:54.720
but I'm not going to say that.

1050
01:00:55.040 --> 01:00:59.640
So what you can do is take advantage of this time

1051
01:00:59.640 --> 01:01:02.840
and ask any questions that you have.

1052
01:01:02.840 --> 01:01:04.160
Get all these things together.

1053
01:01:04.160 --> 01:01:05.800
And when Larissa sees a lot of people

1054
01:01:05.800 --> 01:01:08.080
asking similar questions, she's just

1055
01:01:08.080 --> 01:01:10.840
going to say, everybody's asking the same question.

1056
01:01:10.840 --> 01:01:13.720
And then I'll be able to address one or two of those questions.

1057
01:01:13.720 --> 01:01:15.720
Obviously, if you're a VIP, we're

1058
01:01:15.720 --> 01:01:21.800
going to do a whole application together in 15 minutes, OK?

1059
01:01:22.760 --> 01:01:25.080
Like from the beginning to the end.

1060
01:01:25.080 --> 01:01:28.280
And you'll be able to ask questions as we're going along.

1061
01:01:28.280 --> 01:01:30.600
But so your step number one, if you're

1062
01:01:30.600 --> 01:01:33.200
going to file an application, you have to go and register.

1063
01:01:33.200 --> 01:01:36.880
So tonight or tomorrow or sometime this week,

1064
01:01:36.880 --> 01:01:39.960
go register with the site.

1065
01:01:39.960 --> 01:01:42.200
And even if you're not going to file an application,

1066
01:01:42.200 --> 01:01:43.840
you can register with the site.

1067
01:01:43.840 --> 01:01:46.400
And if you're having trouble registering with the site,

1068
01:01:46.400 --> 01:01:48.360
you can raise it here and we can talk about it.

1069
01:01:48.360 --> 01:01:50.120
We can see if we can figure it out for you

1070
01:01:50.120 --> 01:01:51.400
because we're all together.

1071
01:01:51.480 --> 01:01:54.640
And you're not going to be billed at $600 an hour

1072
01:01:54.640 --> 01:01:57.880
for a lawyer to actually tell you how to do that, OK?

1073
01:01:57.880 --> 01:02:00.000
All right, let me take Allison.

1074
01:02:00.000 --> 01:02:03.000
Allison, how are you?

1075
01:02:05.440 --> 01:02:06.200
You got to unmute.

1076
01:02:06.200 --> 01:02:07.280
You got to unmute.

1077
01:02:07.280 --> 01:02:09.520
I want to hear your lovely voice.

1078
01:02:09.520 --> 01:02:10.280
Sorry.

1079
01:02:10.280 --> 01:02:11.560
Hi, guys.

1080
01:02:11.560 --> 01:02:13.800
How's your hubby doing?

1081
01:02:13.800 --> 01:02:15.320
He's doing great.

1082
01:02:15.320 --> 01:02:17.960
I am struggling because California is much colder

1083
01:02:17.960 --> 01:02:19.080
than I thought.

1084
01:02:19.080 --> 01:02:21.040
So I have to wear warm clothes.

1085
01:02:21.040 --> 01:02:22.960
OK, this is where I hang up on Allison

1086
01:02:22.960 --> 01:02:24.440
because I'm in New Hampshire.

1087
01:02:24.440 --> 01:02:26.080
It was nice talking to you.

1088
01:02:26.080 --> 01:02:26.680
Talk to you.

1089
01:02:26.680 --> 01:02:27.160
I love you.

1090
01:02:27.160 --> 01:02:28.200
I'm sorry.

1091
01:02:28.200 --> 01:02:28.720
I'm sorry.

1092
01:02:32.400 --> 01:02:35.680
I was going to say, so for me, I looked it up

1093
01:02:35.680 --> 01:02:41.520
and I saw that there was someone that had the trademark,

1094
01:02:41.520 --> 01:02:43.960
but it was for a different good.

1095
01:02:43.960 --> 01:02:47.320
And I've had this idea for like five years now.

1096
01:02:47.320 --> 01:02:51.800
And but it was for a different good.

1097
01:02:51.800 --> 01:02:57.800
And there's also an alternative that I wanted to use.

1098
01:02:57.800 --> 01:03:00.320
I wanted to use two.

1099
01:03:00.320 --> 01:03:06.000
So I was wondering, since they actually just filed in this

1100
01:03:06.000 --> 01:03:07.880
year and just got it in May.

1101
01:03:07.880 --> 01:03:10.760
So I was wondering, should I try doing something else?

1102
01:03:10.760 --> 01:03:12.920
Or do you think it would just be safe because they're

1103
01:03:12.920 --> 01:03:14.000
so different?

1104
01:03:14.000 --> 01:03:15.920
So mine is a product.

1105
01:03:15.960 --> 01:03:18.280
Mine is a clothing.

1106
01:03:18.280 --> 01:03:20.400
And theirs is music.

1107
01:03:20.400 --> 01:03:23.840
So yours is what?

1108
01:03:23.840 --> 01:03:25.400
I want to do mine with clothing.

1109
01:03:25.400 --> 01:03:26.920
And theirs is with music.

1110
01:03:26.920 --> 01:03:27.680
Yeah, all right.

1111
01:03:27.680 --> 01:03:33.240
So this is where we kind of crossed the line.

1112
01:03:33.240 --> 01:03:35.480
So this is legal advice.

1113
01:03:35.480 --> 01:03:36.960
And that's why I can't tell you what

1114
01:03:36.960 --> 01:03:38.680
to do in your specific scenario.

1115
01:03:38.680 --> 01:03:40.680
You need to speak to a lawyer about that.

1116
01:03:40.680 --> 01:03:44.240
But let me, I'll just give you.

1117
01:03:44.240 --> 01:03:45.160
An example?

1118
01:03:45.200 --> 01:03:47.000
Yeah, I'll give you an example.

1119
01:03:47.000 --> 01:03:48.440
Which, because I can't tell you what

1120
01:03:48.440 --> 01:03:51.560
to do in your circumstances because I'm not your attorney.

1121
01:03:51.560 --> 01:03:53.240
And I could run into problems for that.

1122
01:03:53.240 --> 01:03:54.400
So I don't want to do that.

1123
01:03:54.400 --> 01:03:55.720
Hashtag not legal advice.

1124
01:03:55.720 --> 01:04:00.680
Yeah, so this is not legal advice.

1125
01:04:00.680 --> 01:04:03.680
And I'm not even going to try to tread in this area.

1126
01:04:03.680 --> 01:04:06.880
But this is what I would say is, if somebody's

1127
01:04:06.880 --> 01:04:08.840
got a federal registration for software

1128
01:04:08.840 --> 01:04:11.400
and I'm using it for plants, I don't really

1129
01:04:11.400 --> 01:04:14.800
have a problem because they're not even related.

1130
01:04:15.200 --> 01:04:19.600
Unless somebody is making the bionic fern,

1131
01:04:19.600 --> 01:04:22.040
like we've seen the million dollar, $10 million man,

1132
01:04:22.040 --> 01:04:24.120
or $5 million man, or whatever it is, right?

1133
01:04:24.120 --> 01:04:25.680
How many millions was he?

1134
01:04:25.680 --> 01:04:27.080
I don't remember.

1135
01:04:27.080 --> 01:04:28.920
I just remember a million dollar at that point.

1136
01:04:28.920 --> 01:04:30.680
I mean, it was a million dollar ADV.

1137
01:04:30.680 --> 01:04:31.760
Thank you, Sally.

1138
01:04:31.760 --> 01:04:32.800
Thank you, Sally.

1139
01:04:32.800 --> 01:04:34.840
The $5 million man, right?

1140
01:04:34.840 --> 01:04:37.960
How did they get all that stuff done for only $5 million?

1141
01:04:37.960 --> 01:04:40.040
You can't do a lot for $5 million these days.

1142
01:04:40.040 --> 01:04:42.440
But anyways, I digress.

1143
01:04:42.480 --> 01:04:46.760
But the point being, unless it's like some kind of bionic fern

1144
01:04:46.760 --> 01:04:51.440
that uses software, I can't see them even

1145
01:04:51.440 --> 01:04:53.600
being related in that case.

1146
01:04:53.600 --> 01:04:56.240
So what you want to do is, there's

1147
01:04:56.240 --> 01:04:58.400
a few things in a situation where,

1148
01:04:58.400 --> 01:05:01.400
let's say I've been using a trademark for five years.

1149
01:05:00.000 --> 01:05:03.920
years. Somebody else just gets the federal registration. I'm looking at common law.

1150
01:05:03.920 --> 01:05:08.960
Immediately, I go, whoa, hold it. When a common law writes, I can continue doing certain things.

1151
01:05:08.960 --> 01:05:14.000
So I want to talk to my attorney about my common law rights, where I can use a trademark, and when

1152
01:05:14.000 --> 01:05:18.800
I can't use a trademark, like where, where can I use it and can't use it, right? Because here's

1153
01:05:18.800 --> 01:05:25.840
the thing, everybody, I want all you to hear this, all right? The rights associated with a federal

1154
01:05:25.920 --> 01:05:31.360
trademark application begin from the date of filing, all right? Now, what do I mean by that?

1155
01:05:32.080 --> 01:05:40.000
Let me be clear. You don't get to stop others from using something that is similar until you

1156
01:05:40.000 --> 01:05:44.800
get the federal registration, but once you get the federal, once you file your application,

1157
01:05:44.800 --> 01:05:49.600
if somebody starts to use it after, you're considered to have rights as of the date of

1158
01:05:49.600 --> 01:05:56.320
filing. So if Allison files today, and two days later, I start using it, even though Allison

1159
01:05:56.320 --> 01:06:01.680
doesn't have a federal registration, when she gets the federal registration, she wins,

1160
01:06:02.560 --> 01:06:07.840
because she filed before me, right? It's always based on that filing date. That filing date is

1161
01:06:07.840 --> 01:06:12.400
really, really important in the trademark world. This is why I told you guys the other day,

1162
01:06:13.520 --> 01:06:16.240
if you got a trademark you really like, and you know you're going to use it,

1163
01:06:16.880 --> 01:06:24.160
file an intent to use application under Section 1B, because an intent to use application will

1164
01:06:24.160 --> 01:06:29.040
lock it down so nobody can use it. You know, it's now yours, you've got the filing date, okay?

1165
01:06:30.640 --> 01:06:38.080
But if it is the case where I've got a trademark that I honestly and authentically have been using

1166
01:06:38.080 --> 01:06:42.960
for five years, or 10 years, or 15 years, or whatever, and somebody else filed a federal

1167
01:06:42.960 --> 01:06:49.920
trademark application for goods that are not even vaguely similar, I'm not too concerned,

1168
01:06:49.920 --> 01:06:53.760
but what I will, you know what, I'm going to share something with you. I wasn't going to do this.

1169
01:06:55.920 --> 01:06:59.040
You know what, I'm going to share something with you, because Allison asked a very good question.

1170
01:07:00.800 --> 01:07:06.720
So I'm going to share something with you guys. I wasn't going to do this this time, but why not?

1171
01:07:06.720 --> 01:07:13.200
Is it the six million dollar man? It is? Thank you, John. John saves the day again. Well done,

1172
01:07:13.200 --> 01:07:19.760
John. All right. Are you guys okay with me going a little deeper with you for a minute? Yes? All

1173
01:07:19.760 --> 01:07:25.520
right. If you guys have to go, you can go. I'm going to dig into something here that,

1174
01:07:27.840 --> 01:07:32.880
this is thick, but this is going to save you guys a lot of hardship. So I'm going to,

1175
01:07:32.880 --> 01:07:36.720
and you'll have the video so you can watch it again, so I don't mind. Let me share, I'm going

1176
01:07:36.720 --> 01:07:42.400
to share my screen. I'm going to walk you through the likelihood of confusion factors. I can't even

1177
01:07:42.400 --> 01:07:48.000
believe I'm doing this, but I'm going to do it. All right. These are the factors that are

1178
01:07:48.000 --> 01:07:51.680
considered by a court of law to determine whether or not there's trademark infringement.

1179
01:07:52.800 --> 01:07:56.240
Okay. Why is this important? You know how you did that trademark search?

1180
01:07:57.360 --> 01:08:01.200
When you do that trademark search, you got certain results, and now you're asking yourself, well,

1181
01:08:01.200 --> 01:08:06.480
is that similar? Is there a trademark problem or not? The way you find out is by looking at these

1182
01:08:06.480 --> 01:08:12.960
nine things. So what I'm going to do is I'm going to show you the list. I'm going to post the list

1183
01:08:12.960 --> 01:08:20.080
in the Facebook group for you on top of that. And I'm going to touch base on them in blistering

1184
01:08:20.080 --> 01:08:26.160
speed. So you can play it in slow-mo when you watch the replay. Okay. And I'm doing this,

1185
01:08:26.160 --> 01:08:30.720
you can thank Allison, because I was not going to do this, but I'm going to do it because

1186
01:08:30.720 --> 01:08:43.040
Allison mentioned it. So here is paste. Okay. This is good stuff. I mean, this is stuff, honestly,

1187
01:08:43.040 --> 01:08:48.560
guys, this is stuff lawyers would pay for right now. So I'm going to share this with you. I'm

1188
01:08:48.560 --> 01:08:55.600
going to throw it in a chat, paste it here. You can download that form. Okay. And you don't have

1189
01:08:55.600 --> 01:08:59.439
to worry about copyrights on the form. You can do whatever you want with it. You can share it

1190
01:08:59.439 --> 01:09:03.279
with other people. If you want, I don't care. This is a form that doesn't have my copyright

1191
01:09:03.279 --> 01:09:08.399
notice on it. If you see my copyright notice on it, stay away. Like you can use it. Don't share

1192
01:09:08.399 --> 01:09:12.880
it. This is one you can share with anybody you want. I don't care. All right. So now let me

1193
01:09:12.880 --> 01:09:23.920
share my screen. Okay. These are the questions that are going to be asked to determine whether

1194
01:09:23.920 --> 01:09:30.319
or not there is trademark infringement. Okay. So you have a trademark. Another party has a

1195
01:09:30.319 --> 01:09:35.760
trademark or even better. Another party has a trademark and you're thinking of using a

1196
01:09:35.760 --> 01:09:42.000
trademark. That's better. You do a trademark search. The name comes up. So let's say you're

1197
01:09:42.000 --> 01:09:51.520
thinking of using N I K Y Nike and you do a search and you find N I K E and you were thinking of

1198
01:09:51.520 --> 01:09:57.040
using it for footwear and they have it for footwear. Interesting, right? So now how do you

1199
01:09:57.040 --> 01:09:59.760
determine whether or not there's trademark infringement? Again, I'm

1200
01:10:00.000 --> 01:10:04.000
I'm qualifying this, this is not legal advice. I'm just telling you the factors.

1201
01:10:06.080 --> 01:10:09.440
These are the factors that I use in a court of law in litigation.

1202
01:10:10.720 --> 01:10:16.480
First thing I look at is, does it look the same? Like the way that the letters that are used,

1203
01:10:16.480 --> 01:10:25.200
are they very similar? So N-I-K-Y, N-I-K-E, there's only one letter that's different. That's

1204
01:10:25.200 --> 01:10:30.560
pretty similar. Do they sound the same? N-I-K-E, N-I-K-E, they sound the same. That's a problem.

1205
01:10:30.560 --> 01:10:34.480
Do they have a similar commercial impression? There's certain words that will give you a

1206
01:10:34.480 --> 01:10:41.520
certain feeling, right? So like robust joy, that has a certain feeling. While another word,

1207
01:10:43.440 --> 01:10:49.200
condemned dirt, that is a very different feeling from robust joy. So that would be a different

1208
01:10:49.200 --> 01:10:54.240
commercial impression, right? That's kind of like the feeling that you get behind the name.

1209
01:10:54.240 --> 01:10:59.040
If there are similar feelings, that shows you that there's more of a chance of a trademark

1210
01:10:59.040 --> 01:11:06.480
infringement. When you look at the goods and services, are they similar? So footwear, footwear,

1211
01:11:06.480 --> 01:11:13.920
yep, similar. That's a problem. When you look at where they're traded, like where the product is

1212
01:11:13.920 --> 01:11:21.360
sold or where the services are sold. So let's say I'm going to bring my sneaker line into Target

1213
01:11:21.360 --> 01:11:29.120
and Nike sells sneakers in Target. Then that's a similar established trade channel. They're both

1214
01:11:29.120 --> 01:11:34.160
being sold at Target. So there's a higher chance of confusion because they're both being sold in

1215
01:11:34.160 --> 01:11:41.840
the same place, right? Is the product an impulse product? What does that mean? Impulse products are

1216
01:11:41.840 --> 01:11:47.120
products that don't cost a lot of money. So I'm going to spend 20 bucks on such and such. That's

1217
01:11:47.120 --> 01:11:55.440
not a lot of money. I'm going to spend $20,000 on something. That is not an impulse purchase.

1218
01:11:56.080 --> 01:12:01.840
So if the purchases are impulse purchases, there's a higher chance that there's a likelihood of

1219
01:12:01.840 --> 01:12:07.760
confusion because people don't think about it a lot when they make the purchase. They're not

1220
01:12:07.760 --> 01:12:11.440
thinking about it a long time. So because they're not thinking about it a long time, there's a higher

1221
01:12:11.440 --> 01:12:16.400
chance of confusion. So if it's sold right next to the checkout line at a shopping center,

1222
01:12:17.920 --> 01:12:21.520
you're not sitting there thinking, should I buy that gum? Should I not buy that gum? I don't

1223
01:12:21.520 --> 01:12:29.040
know. Should I? Maybe? I don't know. This candy bar costs $24. This other candy bar costs $2.

1224
01:12:29.760 --> 01:12:35.360
See, there's a difference between the two. And so since there's a high difference in the cost,

1225
01:12:35.360 --> 01:12:39.600
that leads to there not being a likelihood of confusion. But then a higher cost also makes

1226
01:12:39.600 --> 01:12:45.280
you think about it more, so there's less of a chance of confusion. If there's a lot of other

1227
01:12:45.280 --> 01:12:51.520
trademarks with similar names. Finally, if there's actually true proof of confusion,

1228
01:12:53.120 --> 01:12:59.200
like if somebody sends a letter saying, hey, your NIKY sneaker line, that sounds really like Nike.

1229
01:12:59.200 --> 01:13:05.040
That's proof of actual confusion. If somebody actually buys your sneakers and then sends you

1230
01:13:05.040 --> 01:13:11.360
a letter saying, these aren't Nike's, that's proof of confusion. Don't worry about the consent

1231
01:13:11.360 --> 01:13:15.760
agreement. You'll get confused about that. Don't worry about it. Strength of the mark. Nike is a

1232
01:13:15.760 --> 01:13:20.880
very well-known, famous trademark. If you use something that's even similar to theirs, there's

1233
01:13:20.880 --> 01:13:27.600
going to be a higher chance of confusion because everybody knows them, right? Everybody's going to,

1234
01:13:27.600 --> 01:13:32.400
like you hear the name Nike immediately, Nike, boom, let me grab those sneakers because there's

1235
01:13:32.400 --> 01:13:38.000
a certain quality associated with it. So those are the factors. So when you're doing your trademark

1236
01:13:38.000 --> 01:13:46.720
searches, I only dropped this for you. Oh, you're so welcome. Arancia? I love that name. Hey, can

1237
01:13:46.720 --> 01:13:51.120
you unmute yourself and just make sure that I say your name right? Because that's beautiful.

1238
01:13:51.120 --> 01:13:54.400
You are correct, sir. Thank you. Thank you so much for your kindness.

1239
01:13:54.400 --> 01:13:57.920
That's beautiful. I love that name. I have never heard that name before.

1240
01:13:58.640 --> 01:14:01.680
That's amazing. I got to behave myself at all times, right?

1241
01:14:03.360 --> 01:14:09.280
We know it's you. That's right. We know it's you. Thank you. Okay. So, oh, you're so welcome.

1242
01:14:09.280 --> 01:14:16.880
So I'm going to stop here. I gave you a lot today. Usually day two is like the busiest day I find.

1243
01:14:17.520 --> 01:14:22.240
Day one, people go into shock factors. They're like, oh, I've been using my trademark wrong.

1244
01:14:22.240 --> 01:14:27.520
And I don't know if I'm infringing or I need to do a search in this. Day two is usually like,

1245
01:14:27.520 --> 01:14:36.640
oh my gosh, like that's a lot of material. Okay. So that's okay. This was the hump. Today was like

1246
01:14:36.640 --> 01:14:41.440
the hump, right? It's not like hump day is usually Wednesday. No, today was hump day.

1247
01:14:42.080 --> 01:14:46.480
All right. I don't usually tell people that. I just let you experience it. You get the most

1248
01:14:46.480 --> 01:14:52.560
material usually today. So we've talked about a lot of things, but you have the videos so you

1249
01:14:52.560 --> 01:14:59.840
can watch it on your own time. Take your time with it. We are going to take a...

1250
01:15:00.000 --> 01:15:01.920
Let's go with an eight minute break.

1251
01:15:01.920 --> 01:15:05.480
We'll start at 8.20.

1252
01:15:05.480 --> 01:15:07.680
We'll start five minutes late for VIP.

1253
01:15:07.680 --> 01:15:09.840
If you're on VIP, jump in there.

1254
01:15:09.840 --> 01:15:11.800
Was this helpful today, guys?

1255
01:15:11.800 --> 01:15:12.680
Did this help you guys out?

1256
01:15:12.680 --> 01:15:14.400
Yes, good, good, I'm glad.

1257
01:15:14.400 --> 01:15:16.520
I'm really glad this is helping you.

1258
01:15:16.520 --> 01:15:19.320
I want, just so we're clear,

1259
01:15:19.320 --> 01:15:22.160
there are so many things for you to learn in IP.

1260
01:15:22.160 --> 01:15:25.520
What I'm trying to do is give you some of the basics,

1261
01:15:25.520 --> 01:15:27.240
but then separate from that,

1262
01:15:27.240 --> 01:15:30.400
what are the big areas where people are getting in trouble?

1263
01:15:30.400 --> 01:15:33.000
I'm trying to prevent you from getting into trouble.

1264
01:15:33.000 --> 01:15:34.400
I'm trying to make sure that people

1265
01:15:34.400 --> 01:15:36.160
don't steal your material

1266
01:15:36.160 --> 01:15:38.400
and you don't walk into infringement issues.

1267
01:15:38.400 --> 01:15:40.840
And so I'm really giving you the things

1268
01:15:40.840 --> 01:15:42.920
that I've seen in my 25 years of experience

1269
01:15:42.920 --> 01:15:45.200
that are the most common issues.

1270
01:15:45.200 --> 01:15:47.480
And then on top of that, I'm also watching your videos.

1271
01:15:47.480 --> 01:15:50.200
So I know a lot of you are doing games.

1272
01:15:50.200 --> 01:15:53.520
I know a lot, there's a lot of people that are doing music.

1273
01:15:53.520 --> 01:15:55.080
I know what you guys are doing.

1274
01:15:55.080 --> 01:15:59.560
So I'm kind of, I'm kind of customizing things for you.

1275
01:15:59.560 --> 01:16:01.840
So you'll see more stuff coming up.

1276
01:16:01.840 --> 01:16:04.480
So it's just beneficial for you to go live

1277
01:16:04.480 --> 01:16:07.040
in the Facebook group and tell me what you're thinking,

1278
01:16:07.040 --> 01:16:09.000
because then I can continue to give you things

1279
01:16:09.000 --> 01:16:10.880
that you need, all right?

1280
01:16:10.880 --> 01:16:13.200
Like this is, just think of it as

1281
01:16:13.200 --> 01:16:15.720
you're not paying 600 bucks an hour.

1282
01:16:15.720 --> 01:16:18.040
You paid 95 bucks.

1283
01:16:18.040 --> 01:16:19.320
You got me five days.

1284
01:16:19.320 --> 01:16:21.920
Well, you got me three days, three days left.

1285
01:16:21.920 --> 01:16:23.680
That's it, all right?

1286
01:16:23.720 --> 01:16:26.520
So with that, your homework assignment,

1287
01:16:26.520 --> 01:16:28.480
you guys already know, if you haven't registered

1288
01:16:28.480 --> 01:16:31.520
for the USPTO site and you want to, go in

1289
01:16:31.520 --> 01:16:33.280
so we can see where you're getting hung up

1290
01:16:33.280 --> 01:16:36.880
and we can try to help you before we're done on Friday, okay?

1291
01:16:38.000 --> 01:16:41.280
And then separate from that, go live in the Facebook group.

1292
01:16:41.280 --> 01:16:43.640
One point that you learned today,

1293
01:16:43.640 --> 01:16:45.720
just kind of how you feel about learning that thing.

1294
01:16:45.720 --> 01:16:48.200
Just share, just share with us all, okay?