WEBVTT 1 00:00:00.000 --> 00:00:07.000 All right. 2 00:00:07.000 --> 00:00:10.000 All right, so welcome to day two VIPers. 3 00:00:10.000 --> 00:00:12.000 So good to see all of you. 4 00:00:12.000 --> 00:00:15.000 We are digging deep right now. 5 00:00:15.000 --> 00:00:18.000 We're going to go into a trademark application. 6 00:00:18.000 --> 00:00:28.000 What I want to do first, though, before we do that, is I want to take maybe one or two questions to kind of get us, you know, get our juices flowing, getting things moving. 7 00:00:28.000 --> 00:00:30.000 And then we're going to jump right into a trademark application. 8 00:00:30.000 --> 00:00:36.000 So let me start out with the Sozo's. 9 00:00:36.000 --> 00:00:38.000 Hello. 10 00:00:38.000 --> 00:00:39.000 Hey there. 11 00:00:39.000 --> 00:00:40.000 Hey, how are you? 12 00:00:40.000 --> 00:00:41.000 Good. 13 00:00:41.000 --> 00:00:42.000 Good. 14 00:00:42.000 --> 00:00:46.000 My question was before it was on the last one. 15 00:00:46.000 --> 00:00:54.000 Can we file for our C Corp to own the trademark or should it be us personally? 16 00:00:54.000 --> 00:00:56.000 That is a great question. 17 00:00:56.000 --> 00:00:57.000 Okay. 18 00:00:57.000 --> 00:01:02.000 So here's the legal answer. 19 00:01:02.000 --> 00:01:03.000 It depends. 20 00:01:03.000 --> 00:01:05.000 Let me tell you what it depends upon. 21 00:01:05.000 --> 00:01:06.000 Okay. 22 00:01:06.000 --> 00:01:07.000 All right. 23 00:01:07.000 --> 00:01:14.000 So if you own intellectual property as an asset, right, it's an intangible asset. 24 00:01:14.000 --> 00:01:21.000 So it's like if I own a cell phone, right, like there's an actual object that I can grab. 25 00:01:21.000 --> 00:01:26.000 A patent is it's like an object that I can grab a trademark that I can grab, but it's intangible. 26 00:01:26.000 --> 00:01:27.000 Right. 27 00:01:27.000 --> 00:01:31.000 So the question is, do you want it in your name or do you want in your company's name? 28 00:01:31.000 --> 00:01:32.000 Right. 29 00:01:32.000 --> 00:01:38.000 There's certain perks to doing it in your name and there's certain perks to putting in the company's name. 30 00:01:38.000 --> 00:01:40.000 And there's certain negatives on both sides as well. 31 00:01:40.000 --> 00:01:41.000 So let's go through them. 32 00:01:41.000 --> 00:01:42.000 All right. 33 00:01:42.000 --> 00:01:50.000 And all of you should pay attention to this because as you're filing for copyrights and for trademarks and for patents, this is a question you're going to have. 34 00:01:50.000 --> 00:01:52.000 Like, when do you want it in your name? 35 00:01:52.000 --> 00:01:54.000 When do you want it in a company's name? 36 00:01:54.000 --> 00:02:07.000 So if you're part of a company where there's a board and there's multiple members that actually have ownership of that company, then you're going to want to think before you assign anything to that company. 37 00:02:07.000 --> 00:02:12.000 Because the second that you assign a right title and interest over the company, you lose ownership rights. 38 00:02:12.000 --> 00:02:13.000 It's gone. 39 00:02:13.000 --> 00:02:19.000 So let's say that you have a trademark and the name is Schlumberger. 40 00:02:19.000 --> 00:02:26.000 So you have the trademark and then all of a sudden you start to work for a company and they say, we love that name. 41 00:02:26.000 --> 00:02:28.000 We want to own that name. 42 00:02:28.000 --> 00:02:33.000 We'll actually pay you X amount if we could own the trademark. 43 00:02:33.000 --> 00:02:36.000 And you assign a right title and interest to the company. 44 00:02:36.000 --> 00:02:39.000 They now own Schlumberger. 45 00:02:39.000 --> 00:02:41.000 And you can't do anything about it. 46 00:02:41.000 --> 00:02:42.000 It's gone. 47 00:02:42.000 --> 00:02:46.000 That means you can't stop them from selling it to another party. 48 00:02:46.000 --> 00:02:50.000 It means you can't stop them from using it in a way that you don't want them to use it. 49 00:02:50.000 --> 00:02:51.000 Like nothing. 50 00:02:51.000 --> 00:02:53.000 It's gone. 51 00:02:53.000 --> 00:02:54.000 Okay. 52 00:02:54.000 --> 00:02:55.000 So that's the first part. 53 00:02:55.000 --> 00:03:00.000 For ownership purposes, maintaining it in your own name tends to be the way to go. 54 00:03:00.000 --> 00:03:02.000 If you want to maintain ownership, right? 55 00:03:02.000 --> 00:03:08.000 Now, if you have like a sole proprietorship where there's only one person that owns the company, then who cares, right? 56 00:03:08.000 --> 00:03:10.000 Because it's sole proprietorship. 57 00:03:10.000 --> 00:03:13.000 So you can actually assign it to the company. 58 00:03:13.000 --> 00:03:15.000 But here's the thing. 59 00:03:15.000 --> 00:03:21.000 As an owner of a company, you have an obligation to do what's in the best interest of the company. 60 00:03:21.000 --> 00:03:25.000 So let's say that somebody comes along and they want to buy your company. 61 00:03:25.000 --> 00:03:34.000 If you assigned a right title and interest to the company for the asset to the company, and now you're thinking, well, oh, man, I want to maintain ownership, right? 62 00:03:34.000 --> 00:03:36.000 So let me assign it back to me. 63 00:03:36.000 --> 00:03:44.000 Then you're acting in a manner that is contrary to the best circumstances of the company. 64 00:03:44.000 --> 00:03:54.000 You're acting in a manner that's the best circumstances for yourself, not the company, which is a violation of your obligations as an owner of a company. 65 00:03:54.000 --> 00:04:07.000 So that's a long way of saying don't assign all right title and interest to a company unless you're okay with losing ownership rights, meaning you're okay with not being able to control it. 66 00:04:07.000 --> 00:04:08.000 They could sell it. 67 00:04:08.000 --> 00:04:09.000 They could do whatever you want. 68 00:04:09.000 --> 00:04:13.000 Now, what's one of the benefits to assigning it to a company? 69 00:04:13.000 --> 00:04:17.000 If you own the company, then obviously it's a business expense. 70 00:04:17.000 --> 00:04:22.000 Any of you guys here, anybody here, how many people here own a startup? 71 00:04:22.000 --> 00:04:23.000 Raise your hand. 72 00:04:23.000 --> 00:04:24.000 Entrepreneurs, do you own a startup? 73 00:04:24.000 --> 00:04:25.000 There's a lot of you. 74 00:04:25.000 --> 00:04:27.000 Okay. 75 00:04:27.000 --> 00:04:30.000 This course is education. 76 00:04:30.000 --> 00:04:32.000 That's a write-off. 77 00:04:32.000 --> 00:04:38.000 The training that we did here, you should be talking to your tax people and saying, hey, this is further education. 78 00:04:38.000 --> 00:04:39.000 This is a write-off. 79 00:04:39.000 --> 00:04:41.000 I should be able to ‑‑ I'm not a tax person. 80 00:04:41.000 --> 00:04:43.000 I don't play what on TV. 81 00:04:43.000 --> 00:04:45.000 All right? 82 00:04:46.000 --> 00:04:48.000 So you speak to your own accountants. 83 00:04:48.000 --> 00:04:54.000 But you realize legal expenses, those are also expenses of the company. 84 00:04:54.000 --> 00:04:55.000 Right? 85 00:04:55.000 --> 00:04:59.000 So when you file a trademark application, that's an expense of the company. 86 00:04:59.000 --> 00:05:00.000 All those things. 87 00:05:00.000 --> 00:05:02.520 or things you should be listing and bringing 88 00:05:02.520 --> 00:05:04.740 to your accountant at the end of the year, 89 00:05:04.740 --> 00:05:07.860 and they should be utilizing that to offset your profits 90 00:05:07.860 --> 00:05:10.540 so that you don't seem to make more 91 00:05:10.540 --> 00:05:12.500 than you actually did make, right? 92 00:05:12.500 --> 00:05:17.020 So, but having the asset assigned to the company, 93 00:05:17.020 --> 00:05:20.520 then for the company, it's listed as an intangible asset 94 00:05:20.520 --> 00:05:21.880 and you get a write-off. 95 00:05:21.880 --> 00:05:25.340 Now, if it's a sole proprietorship, like I have, 96 00:05:27.380 --> 00:05:28.520 I'll tell you about it on Thursday, 97 00:05:28.520 --> 00:05:32.920 but I have an entity called A to E Challenges. 98 00:05:32.920 --> 00:05:36.440 So when I do a mastermind and the interest 99 00:05:36.440 --> 00:05:40.480 of the mastermind is like, it's a $50,000 mastermind, 100 00:05:40.480 --> 00:05:42.480 it's actually further education 101 00:05:42.480 --> 00:05:44.260 on behalf of the company, right? 102 00:05:44.260 --> 00:05:46.000 So that's an investment on behalf of the company. 103 00:05:46.000 --> 00:05:49.560 So I list that as an item that I can write off. 104 00:05:49.560 --> 00:05:51.960 But for you, for tax purposes, 105 00:05:54.240 --> 00:05:56.680 if you have it listed as an individual, 106 00:05:57.580 --> 00:05:59.880 you have the ownership rights, which is great. 107 00:06:01.080 --> 00:06:03.980 If your company owns it, it's a write-off. 108 00:06:03.980 --> 00:06:06.120 I'm not sure how it works if you're an individual 109 00:06:06.120 --> 00:06:07.640 and it's not associated with a company, 110 00:06:07.640 --> 00:06:09.360 I don't know that you can get a write-off. 111 00:06:09.360 --> 00:06:11.760 I would talk to your own accountant to find out. 112 00:06:11.760 --> 00:06:15.080 So, but then there's one other aspect 113 00:06:15.080 --> 00:06:17.880 and then we'll jump in, I'll jump into one more question. 114 00:06:17.880 --> 00:06:22.080 One other aspect, liability, okay? 115 00:06:22.080 --> 00:06:24.140 You own a trademark and somebody believes 116 00:06:24.140 --> 00:06:25.560 that trademark is infringing 117 00:06:25.560 --> 00:06:27.360 upon their federally registered trademark, 118 00:06:27.360 --> 00:06:29.440 they're gonna come after you, right? 119 00:06:29.440 --> 00:06:30.760 Actually, let me stop that. 120 00:06:30.760 --> 00:06:33.400 I'm not gonna will anything on anybody. 121 00:06:33.400 --> 00:06:35.180 Let's say somebody does that, 122 00:06:35.180 --> 00:06:37.480 then somebody may have somebody coming after them, okay? 123 00:06:37.480 --> 00:06:38.580 We'll put it that way. 124 00:06:39.680 --> 00:06:43.520 But the point being that if it's owned by the company, 125 00:06:43.520 --> 00:06:45.360 they usually go after the company. 126 00:06:45.360 --> 00:06:46.600 It's owned by the individual, 127 00:06:46.600 --> 00:06:48.300 they usually go after the individual. 128 00:06:48.300 --> 00:06:51.940 Now, somebody, that's so awesome, I love that, Allison. 129 00:06:51.940 --> 00:06:54.080 Yes, that's exactly where I was going with all this. 130 00:06:54.080 --> 00:06:55.480 I'm like, we're not talking about that. 131 00:06:56.320 --> 00:06:57.160 That's not happening. 132 00:06:57.160 --> 00:06:58.660 So the whole point being though, 133 00:06:59.920 --> 00:07:03.880 somebody who is wise, who's done litigation for a long time, 134 00:07:03.880 --> 00:07:05.360 sues both. 135 00:07:05.360 --> 00:07:06.920 So they'll sue the company 136 00:07:06.920 --> 00:07:10.040 and they'll actually sue the individual, right? 137 00:07:10.040 --> 00:07:13.000 I had a client of mine who received a cease and desist letter 138 00:07:13.000 --> 00:07:16.720 from a Taiwanese organization that was harassing my client. 139 00:07:16.720 --> 00:07:19.900 So I went to my client and I said, hey, Whit, 140 00:07:19.900 --> 00:07:21.840 he's the president of the organization. 141 00:07:22.680 --> 00:07:25.840 And so I said, Whit, do you think you're gonna end up 142 00:07:25.840 --> 00:07:27.360 in a battle with these guys at some point? 143 00:07:27.360 --> 00:07:28.920 And he says, absolutely. 144 00:07:28.920 --> 00:07:30.760 We're gonna end up in litigation sooner or later. 145 00:07:30.760 --> 00:07:33.240 I said, okay, how would you feel 146 00:07:34.760 --> 00:07:37.360 if I could make them come to New Hampshire 147 00:07:37.360 --> 00:07:39.200 in February from Taiwan? 148 00:07:40.360 --> 00:07:41.600 He said, I would love that. 149 00:07:41.600 --> 00:07:42.720 I said, okay, we're gonna file 150 00:07:42.720 --> 00:07:45.020 a declaratory judgment action against them. 151 00:07:45.020 --> 00:07:47.220 So we filed what's called a DJ action. 152 00:07:47.220 --> 00:07:50.360 They became the defendants because they threatened my client. 153 00:07:50.360 --> 00:07:52.800 So I called their bluff essentially 154 00:07:52.800 --> 00:07:54.160 and I threw him into court. 155 00:07:55.120 --> 00:07:56.160 But the whole point of this, 156 00:07:56.160 --> 00:07:58.460 the whole point of why I'm mentioning this is, 157 00:08:06.080 --> 00:08:07.720 I sued not only the company, 158 00:08:07.720 --> 00:08:09.720 but I sued the president of the company. 159 00:08:10.960 --> 00:08:12.760 The reason why I sued the president of the company 160 00:08:12.760 --> 00:08:14.440 is because I wanted the president of the company 161 00:08:14.440 --> 00:08:17.160 to realize that it was his own neck on the line. 162 00:08:17.160 --> 00:08:19.120 Cause he was, I found out that he was the one 163 00:08:19.120 --> 00:08:21.800 that was pushing for those nasty grams to come out. 164 00:08:21.800 --> 00:08:23.240 So I named him as a defendant. 165 00:08:23.240 --> 00:08:28.240 Now, since there's a company, he's protected, right? 166 00:08:28.240 --> 00:08:30.960 But I tried to get behind that. 167 00:08:30.960 --> 00:08:34.200 I tried to basically pierce the corporate veil 168 00:08:34.200 --> 00:08:36.880 to try to get to the president himself 169 00:08:36.880 --> 00:08:39.760 so that he'll settle the case as soon as possible. 170 00:08:39.760 --> 00:08:41.340 So it may be the case, 171 00:08:41.340 --> 00:08:43.400 I'm telling you all this to basically say, 172 00:08:44.600 --> 00:08:47.480 it may be the case that you were signed into a corporation 173 00:08:47.480 --> 00:08:48.920 thinking that it protects you 174 00:08:49.680 --> 00:08:51.240 and hopefully it does protect you, right? 175 00:08:51.240 --> 00:08:53.440 But don't be surprised if somebody actually lists you 176 00:08:53.440 --> 00:08:56.480 as a defendant, just make sure your lawyers know how to 177 00:08:56.480 --> 00:08:58.920 make sure that you're not in court. 178 00:08:58.920 --> 00:09:01.280 It should be the corporation alone. 179 00:09:01.280 --> 00:09:04.680 So that's a lot of information I just gave you, 180 00:09:04.680 --> 00:09:07.720 but basically there's three big issues. 181 00:09:07.720 --> 00:09:10.400 Number one is you wanna be able to make decisions, 182 00:09:10.400 --> 00:09:11.860 keep it in your name. 183 00:09:11.860 --> 00:09:15.600 Number two is liability, get in the name of the company. 184 00:09:15.600 --> 00:09:17.760 You minimize your own liability, right? 185 00:09:17.760 --> 00:09:19.840 And then number three is if you wanna be able to, 186 00:09:19.840 --> 00:09:22.680 well, yeah, I kind of say number three is there too, 187 00:09:22.680 --> 00:09:25.880 but if you wanna be able to sell it at some point 188 00:09:25.880 --> 00:09:26.920 and do other things with it, 189 00:09:26.920 --> 00:09:30.600 it kind of matches with number one with ownership rights. 190 00:09:30.600 --> 00:09:32.400 So there's pluses and minuses. 191 00:09:32.400 --> 00:09:34.240 You have to determine in your circumstance 192 00:09:34.240 --> 00:09:35.140 what you wanna do. 193 00:09:36.600 --> 00:09:37.440 Does that help? 194 00:09:39.160 --> 00:09:40.620 Yeah, okay, good. 195 00:09:41.640 --> 00:09:42.760 All right, all right. 196 00:09:42.760 --> 00:09:46.600 With that, I am going to walk us through 197 00:09:46.600 --> 00:09:49.400 the trademark application filing, all right? 198 00:09:49.400 --> 00:09:51.960 So let me just, just to elaborate upon 199 00:09:51.960 --> 00:09:53.200 what I just talked about, 200 00:09:54.040 --> 00:09:58.000 if you are a solo entrepreneur and you have a startup 201 00:09:58.000 --> 00:10:00.600 and you're controlling all the assets of the company. 202 00:10:00.000 --> 00:10:04.560 company, like myself, I assign all right title interests 203 00:10:04.560 --> 00:10:06.160 to the company. 204 00:10:06.160 --> 00:10:09.160 But I know I'm going to remain the only owner, 205 00:10:09.160 --> 00:10:11.140 so I don't have a problem with it. 206 00:10:11.140 --> 00:10:12.840 But if you're concerned that at some point 207 00:10:12.840 --> 00:10:15.480 other people are going to come along, what you can do instead 208 00:10:15.480 --> 00:10:18.640 is you can license it to the company. 209 00:10:18.640 --> 00:10:22.560 You don't have to assign it, you can license it. 210 00:10:22.560 --> 00:10:26.680 So if you have a really valuable patent or trademark 211 00:10:26.680 --> 00:10:30.320 or copyright, instead of selling it to a company, 212 00:10:30.320 --> 00:10:33.360 just do a non-exclusive license or do an exclusive license. 213 00:10:33.360 --> 00:10:35.640 Maintain ownership rights yourself, 214 00:10:35.640 --> 00:10:37.840 and then you can do whatever you want. 215 00:10:37.840 --> 00:10:40.280 But the company can use the name, 216 00:10:40.280 --> 00:10:43.240 because it's been licensed over to them. 217 00:10:43.240 --> 00:10:47.560 All right, with that, let's jump in. 218 00:10:47.560 --> 00:10:48.360 USPTO.gov. 219 00:10:56.760 --> 00:11:03.240 OK, let's go to, let me just look real quick at the screen. 220 00:11:06.800 --> 00:11:11.560 Yes, DJ is declaratory judgment, that's right. 221 00:11:11.560 --> 00:11:13.400 OK, I was just looking at comments here. 222 00:11:13.400 --> 00:11:16.200 Make sure I don't lose anybody. 223 00:11:16.200 --> 00:11:17.760 Yeah, that's right, Poppy, that's 224 00:11:17.760 --> 00:11:19.200 exactly why I have LLCs. 225 00:11:19.200 --> 00:11:23.720 I have two LLCs right now, intentionally for that reason. 226 00:11:23.720 --> 00:11:25.880 And then I do, right, you did it right, that's good. 227 00:11:25.880 --> 00:11:27.840 All right, let me share my screen. 228 00:11:27.840 --> 00:11:29.440 Bam, boom. 229 00:11:29.440 --> 00:11:30.600 All right, here we go. 230 00:11:30.600 --> 00:11:32.040 Trademarks. 231 00:11:32.040 --> 00:11:34.920 So for those of you that have not yet registered 232 00:11:34.920 --> 00:11:39.840 with the site, just go over to that My USPTO and register. 233 00:11:39.840 --> 00:11:44.760 But I have registered, so since I have registered, 234 00:11:44.760 --> 00:11:45.720 I'm going to log in. 235 00:11:45.720 --> 00:11:48.320 Let me stop sharing so everybody doesn't see my login. 236 00:11:52.720 --> 00:11:53.240 Login. 237 00:11:55.880 --> 00:11:56.360 Login. 238 00:12:10.440 --> 00:12:12.840 So once you get registered, they're 239 00:12:12.840 --> 00:12:19.840 going to ask you for multiple levels of authentication, OK? 240 00:12:20.120 --> 00:12:22.920 So when you actually log into the system, 241 00:12:22.920 --> 00:12:26.640 you'll see they're going to ask you for all sorts of stuff. 242 00:12:26.640 --> 00:12:29.640 So I'm just double-checking it now, making sure we got in. 243 00:12:33.120 --> 00:12:33.600 Perfect. 244 00:12:37.080 --> 00:12:37.600 Done. 245 00:12:41.080 --> 00:12:44.360 There's a USPTO website, the authentication code. 246 00:12:44.480 --> 00:12:45.800 Copy and paste. 247 00:12:52.000 --> 00:12:54.400 I'll share this with you so you can see what it looks like. 248 00:12:57.440 --> 00:13:01.120 OK, so I'm entering my code right now. 249 00:13:01.120 --> 00:13:02.320 It's a little bigger. 250 00:13:02.320 --> 00:13:02.920 There you go. 251 00:13:02.920 --> 00:13:04.600 And verify. 252 00:13:04.600 --> 00:13:06.480 You can click on this Remember Your Browser 253 00:13:06.480 --> 00:13:08.800 so you don't have to keep doing this over and over. 254 00:13:08.800 --> 00:13:10.000 And then click on the button. 255 00:13:10.000 --> 00:13:11.920 And it's going to show you what it looks like. 256 00:13:14.360 --> 00:13:17.480 Click Verify. 257 00:13:17.480 --> 00:13:18.520 And you're in. 258 00:13:18.520 --> 00:13:24.400 OK, this is the USPTO portal. 259 00:13:24.400 --> 00:13:26.480 So any of you who have not seen this before, 260 00:13:26.480 --> 00:13:29.120 this is what it looks like, OK? 261 00:13:29.120 --> 00:13:32.720 Now, we are going to file a trademark application. 262 00:13:32.720 --> 00:13:35.320 So you just go right over to where it says File an Application. 263 00:13:35.320 --> 00:13:36.280 Click on that. 264 00:13:36.280 --> 00:13:39.040 File a TEE application. 265 00:13:39.040 --> 00:13:42.000 And here we are. 266 00:13:42.000 --> 00:13:43.520 All right, so we're going to walk 267 00:13:43.560 --> 00:13:45.120 through the filing of a trademark application. 268 00:13:45.120 --> 00:13:49.880 Again, I'm prefacing this with don't do this on your own. 269 00:13:49.880 --> 00:13:52.960 The reason why I'm saying don't do this on your own 270 00:13:52.960 --> 00:13:55.440 is because I've seen people do it, make mistakes, 271 00:13:55.440 --> 00:13:57.000 and they can't fix it. 272 00:13:57.000 --> 00:14:00.800 Like, you can't get broader recitation of goods 273 00:14:00.800 --> 00:14:02.760 if you do an improper recitation of goods. 274 00:14:02.760 --> 00:14:05.240 You can't change a trademark. 275 00:14:05.240 --> 00:14:06.400 Like, you can't. 276 00:14:06.400 --> 00:14:09.200 There's a number of things you can't fix. 277 00:14:09.200 --> 00:14:11.080 So if you make a mistake, you can end up 278 00:14:11.080 --> 00:14:15.680 wasting $275 or $350 for no reason. 279 00:14:15.680 --> 00:14:18.120 So at least the first time you're doing this, 280 00:14:18.120 --> 00:14:21.120 make sure you get somebody who knows what they're doing 281 00:14:21.120 --> 00:14:21.840 to work with you. 282 00:14:21.840 --> 00:14:25.920 All right, so now, scrolling down, you have two options. 283 00:14:25.920 --> 00:14:28.680 There's the TEES Plus application, 284 00:14:28.680 --> 00:14:33.280 and there's the TEES Standard application, OK? 285 00:14:33.280 --> 00:14:35.760 Those are two different options, OK? 286 00:14:35.760 --> 00:14:38.400 One of them is less expensive, $250. 287 00:14:38.440 --> 00:14:39.600 That's the TEES Plus. 288 00:14:39.600 --> 00:14:42.480 Standard costs $350. 289 00:14:42.480 --> 00:14:45.800 Now, let me explain what this all means. 290 00:14:45.800 --> 00:14:48.760 The TEES Plus application, what you'll do, 291 00:14:48.760 --> 00:14:51.720 and I'm going to walk you through a TEES Plus application. 292 00:14:51.720 --> 00:14:55.520 What you will do is you will type in certain words. 293 00:14:55.520 --> 00:14:58.040 When you type in certain words in the search bar, 294 00:14:58.040 --> 00:14:59.200 it will tell you. 295 00:15:00.000 --> 00:15:08.160 What goods line up or what services line up or what you typed and I'll tell you what the international classes, then all you do is you select the ones you want. 296 00:15:09.520 --> 00:15:16.000 And so it costs less money because you're selecting from USPTO 297 00:15:17.560 --> 00:15:18.720 Certified 298 00:15:20.600 --> 00:15:21.480 Descriptions 299 00:15:22.640 --> 00:15:26.080 This other one over here, this T standard application. 300 00:15:27.080 --> 00:15:29.560 You will actually type in whatever you want. 301 00:15:30.760 --> 00:15:37.880 And so it actually costs the USPTO more time and money to review an application. 302 00:15:41.640 --> 00:15:49.840 Where you're typing in whatever you want because you may type in something that doesn't line up with what they allow to be in a specific international class. 303 00:15:50.840 --> 00:16:10.800 As an example in jewelry. There may be something that says like gold jewelry. But what you say is instead, you know, metallic objects assembled on an elongated rope, resulting in a glimmering object that may be fastened around your neck, right, I mean, 304 00:16:11.800 --> 00:16:18.880 Could have just said gold jewelry. Right. So USPTO would have rather have had that. But now they're reviewing everything that you typed in. 305 00:16:19.360 --> 00:16:31.440 Since it takes some more time, they cost more money. So I'm going to show you the example of the T's plus because it costs less money to do. Is an attorney filing this? I am an attorney. So I'm saying yes, you would obviously say no. 306 00:16:32.600 --> 00:16:34.680 And then click Continue. 307 00:16:34.680 --> 00:16:45.200 Okay, now you get to the owner of the mark. Alright, so for the owner of the mark, you just type in the owner of markets, right. So let's say Peter any of us. 308 00:16:46.320 --> 00:16:53.880 Now, if you have an LLC, you just click on LLC. When you click on LLC. Look what happens. Select the state in which you were incorporated. 309 00:16:53.880 --> 00:17:13.359 Like you come over here and you say, Oh, I was incorporated in Georgia. So now you select that. So LLC, Georgia. Right. If instead, you have like an LP, then you again you collect you select what whatever it is that you have, you just select the button you type in the state. That's all very straightforward. There. 310 00:17:14.880 --> 00:17:18.000 Going down your mailing address. That's pretty straightforward. 311 00:17:19.000 --> 00:17:29.240 But here, here's where we run into problems. Okay. And, and 90% of you would have run into this issue had I not walked through this thing here because I still run into this issue. 312 00:17:30.040 --> 00:17:40.920 If you click on something that you had previously, it puts it into the internal address. It doesn't belong in the internal address, you got to cut it and move it into the mailing address. 313 00:17:40.920 --> 00:17:49.080 All right, because the internal address is more like, you know, like the suite number, your PO box. Right. 314 00:17:51.800 --> 00:18:10.800 Actually, no, you should put your PO box here. I believe. Let me double check. Oh, here we go. Enter address is publicly viewable blah, blah, blah. This address must be compatible receiving mail and maybe a street, street address PO box, blah, blah, blah. So you may actually have maybe like your suite number, my PO box, but it doesn't belong in the mailing address. 315 00:18:10.920 --> 00:18:18.080 It might be under the internal address. So, but in any case, you, what I always do is I tell people put all the information on their mailing address. You can't go wrong if you put it there. 316 00:18:19.480 --> 00:18:22.200 Under state, just put it in your state. 317 00:18:23.400 --> 00:18:26.400 Then your country zip, throw in your country, your zip. 318 00:18:27.720 --> 00:18:33.480 You don't have to worry about this domicile address. None of you are going to run into that problem. You put it in a phone number. 319 00:18:34.320 --> 00:18:45.280 Let's see. So three, two, five, nine, 10. Okay. And then a fax number. If you still use fax machines and then an email address. Right. So let's say 320 00:18:47.120 --> 00:18:52.800 thepatentguy4 at hotmail.com 321 00:18:54.000 --> 00:18:58.800 And you can put in your website if you want. Just keep something in mind here. Just so everybody understands. It's for a second. 322 00:18:59.640 --> 00:19:02.600 I want to look at, I want to look at all of you as I'm saying this. 323 00:19:03.680 --> 00:19:06.680 Everything you put in here, public record. 324 00:19:08.640 --> 00:19:09.160 Okay. 325 00:19:11.120 --> 00:19:15.720 I'll make sure you understand that. Everything you type in here, public record. 326 00:19:17.120 --> 00:19:20.400 Don't go giving your personal cell phone number if you don't want people having it. 327 00:19:20.400 --> 00:19:32.640 Don't give your personal email address if you don't want people having it. Why? I guarantee you the second after you file it, you're going to start getting emails from lawyers, you're going to start getting emails from other companies, you're going to get phone calls. 328 00:19:33.280 --> 00:19:37.480 So it's beneficial to use a phone number that you don't mind sharing. 329 00:19:38.560 --> 00:19:46.000 You know, when filing for more than one thing, but same business. Can we put all the classes? Yeah, we're going to go through that, Allison. 330 00:19:46.000 --> 00:19:47.920 You just got all the right questions today, don't you? 331 00:19:50.000 --> 00:19:55.560 We're going to go through that. That was a perfect question. Well done. All right, so let's just click continue. 332 00:19:56.560 --> 00:19:57.760 Poppy, just ask, 333 00:20:00.000 --> 00:20:02.960 So they can skip it? Can they skip putting in an email or phone number? 334 00:20:03.600 --> 00:20:08.800 Yeah, you can. But see, the issue, though, is if you don't put an email or phone number, 335 00:20:08.800 --> 00:20:14.080 yeah, I'll go back. Oh, no, you actually do have to put an email because they have to 336 00:20:14.080 --> 00:20:21.200 communicate you in some fashion. So you do have to put an email. But you know what? You can create 337 00:20:21.200 --> 00:20:26.960 a Hotmail account or create a Gmail account or create some other, you know, account on your own 338 00:20:26.960 --> 00:20:34.160 and just use that. So continuing from there. Oh, what do I do? Take the multiple windows? Yes, 339 00:20:34.160 --> 00:20:42.560 I'm aware. Let me just see if it works. Continue. See if it'll let me continue. 340 00:20:44.240 --> 00:20:52.000 Yep. Seems to be working again. Okay. All right. Let me go back. 341 00:20:52.000 --> 00:21:00.320 That's another thing. If you go back, then what happens is you can lose some of the things that 342 00:21:00.320 --> 00:21:05.360 are on your screen. So just keep that in mind. If you go back to look at something, just make 343 00:21:05.360 --> 00:21:09.840 sure everything that you filled out is still accurate. I don't know why the USPTO website 344 00:21:09.840 --> 00:21:17.440 has that issue, but they do. So, all right. Now, we are filing a trademark, right? So 345 00:21:18.240 --> 00:21:24.640 somebody unmute themselves and give me a name that nobody has. Or actually, 346 00:21:24.640 --> 00:21:28.640 you can give me any name. Just make sure it's not yours. All right. So I don't want your actual 347 00:21:28.640 --> 00:21:39.280 trademark. Don't do that. Okay. Just give me a trademark. Let's see. Anybody got one? 348 00:21:39.280 --> 00:21:47.360 Just unmute and say something. I heard fly high. And what was the other one? 349 00:21:47.920 --> 00:21:57.200 Chess store. Chester? Chess store. Chess store. All right. Let's do this. 350 00:21:59.040 --> 00:22:03.600 How about I'm going to combine them? Fly store. Okay. There you go. Fly store. 351 00:22:03.600 --> 00:22:09.120 Fly store. This is where you go before you go on a flight. Okay. So it's called fly store. 352 00:22:11.040 --> 00:22:14.000 All right. Which may actually be argued to be descriptive, by the way. 353 00:22:14.800 --> 00:22:20.800 But in any case, we'll just go with fly store. So standard characters means it's a word mark, 354 00:22:20.800 --> 00:22:26.480 right? Now, if it was a design, let's say like a logo, that would fall under special form. 355 00:22:27.600 --> 00:22:31.120 So I'm just going to show you the example of doing a word mark. Okay. 356 00:22:32.080 --> 00:22:38.080 So now we're going to you're not going to have any additional statements. 357 00:22:38.080 --> 00:22:42.800 So additional statements, basically what that means is let's say you had a filing in another 358 00:22:42.800 --> 00:22:48.240 country and now you're filing in the U.S. off of that foreign filing. You can click on that and 359 00:22:48.240 --> 00:22:53.120 see other conditions that you can list. Or let's say you have another trademark that's similar and 360 00:22:53.120 --> 00:22:57.040 you want to cite to it. You can click on that button and you can cite to it. There's a bunch 361 00:22:57.040 --> 00:23:02.080 of different things that are available. Like, oh, here it says it right here. Claim of prior 362 00:23:02.080 --> 00:23:06.480 registration. So if you have another registration that's similar, you can list that. There's a bunch 363 00:23:06.480 --> 00:23:09.680 of different things that fall under that category. So I'm not going to go through that because 364 00:23:10.240 --> 00:23:16.160 it's pretty detailed and confusing. So I just click continue. All right. So now this is the 365 00:23:16.160 --> 00:23:24.480 main screen for entering the goods and services. Okay. So all you're going to do from here is I 366 00:23:24.480 --> 00:23:31.600 just click add goods and services. Okay. So this is the screen you're taken to. Remember how I told 367 00:23:31.600 --> 00:23:38.480 you that you need to type in words that describe what the goods and services are. So we just created 368 00:23:38.480 --> 00:23:42.800 the Fly Store. That's the name. We just said Fly Store is the name of the company. That's the 369 00:23:42.800 --> 00:23:49.600 trademark we're using. So let's talk about some things that might be sold in Fly Store. All right. 370 00:23:49.600 --> 00:23:55.120 So somebody type in the chat something that might be sold at the Fly Store. 371 00:23:56.960 --> 00:24:03.760 Head pillows. Head pillows. Okay. Let's go for that. So let's type in. I wonder if you can do 372 00:24:03.760 --> 00:24:13.120 the head pillows. Head pillows. Let's see. Go. Head supporting pillows. Who knew? There actually is a 373 00:24:13.120 --> 00:24:18.640 class for head pillows. Look at that. So there's head supporting pillows, head positioning pillows 374 00:24:18.640 --> 00:24:23.520 for babies, head supporting pillows for attachment, blah, blah, blah. That may be attached to. So I'm going to 375 00:24:23.520 --> 00:24:30.560 select this one here. And then I'm just going to select insert checked entry. Boom. Look at that. 376 00:24:30.560 --> 00:24:37.120 It's right there now. See that? See how this is not that difficult. All right. This part is 377 00:24:37.120 --> 00:24:43.440 not that difficult. I see somebody type luggage. Somebody has a sweet tooth. Sylvia wants candy. 378 00:24:44.160 --> 00:24:52.880 Masks. We got water. Okay. Let's go with luggage and candy. I like that. Let's go with luggage and 379 00:24:52.880 --> 00:24:58.000 candy because we all need luggage and candy. So let's select. We're going to add another one. 380 00:25:00.800 --> 00:25:08.480 here. See what else we got. That one. Let's see if we can add some more. Let's type in candy. 381 00:25:10.320 --> 00:25:19.520 Go. Let's say medicated candy. What? Let's say we just did candy. Insert checked entries. 382 00:25:20.240 --> 00:25:25.680 Okay. So now we've got, do you notice how we have, how many international classes do you see right now? 383 00:25:26.320 --> 00:25:33.920 Two, right? Because candy is international class 30. Head supporting pillows are in class 20. 384 00:25:34.640 --> 00:25:40.000 So now let's say that we also want to add luggage. So you go add goods and services. 385 00:25:40.000 --> 00:25:46.400 Come over here. I just type in l-u-g-g-a-d-y-g-e. If I go, 386 00:25:49.280 --> 00:25:54.960 I click that, look at all the luggage items here. So let's say I just say, you know, 387 00:25:55.920 --> 00:26:08.080 I want carriers for vehicles. No, let's just do something simple. Luggage. Click. 388 00:26:10.160 --> 00:26:17.600 That's enough. So now I just say insert checked entries. So now I have three categories. I have 389 00:26:18.480 --> 00:26:25.280 class 18. I've got class 20 and I've got class 30. Three different classes, right? 390 00:26:26.080 --> 00:26:32.080 Here's what that means. Since I'm falling in three international classes, I'm going to be charged 391 00:26:32.080 --> 00:26:47.760 three times. So that $275 is going to be three times $275. You get that $825. Okay. I'm not 392 00:26:47.760 --> 00:26:53.360 going to be spending $275 because there's three different classes here. Now you pay per class. 393 00:26:53.840 --> 00:26:58.640 Okay. So now this is what I have to do now though, is I have to specify, 394 00:27:00.160 --> 00:27:04.560 am I using these products already? Like, am I using a trademark on these products already 395 00:27:04.560 --> 00:27:10.400 in interstate commerce or am I thinking of using it? And I'm still not using it yet. I'm not sure, 396 00:27:11.600 --> 00:27:17.840 but I wanted to actually own it now. So let's say that, yep, we're doing luggage and we're 397 00:27:18.560 --> 00:27:23.520 doing, yep, we're selling candy. Yep. We got that one, but we haven't quite done the pillows yet. 398 00:27:24.240 --> 00:27:28.720 So that means since these two are in actual use, I select section 1A 399 00:27:33.200 --> 00:27:42.640 for both of them. So section 1A, multiple, yes, I'm aware of that. 400 00:27:42.880 --> 00:27:46.400 Same class, separate 1A, I'm aware of that. Yep. 401 00:27:51.360 --> 00:27:58.240 Really? All right. They changed the site. Well, that's not nice. Okay. All right. That's fine. 402 00:27:58.240 --> 00:28:03.840 They want to do that. That's fine. So the USPTO must've run into a lot of problems where, 403 00:28:04.640 --> 00:28:11.040 let me explain this in a simple way. Every time that you file an application in a specific class 404 00:28:11.040 --> 00:28:15.440 and you're saying that you actually use it, you have to show them a specimen, a data-first use. 405 00:28:16.960 --> 00:28:19.920 And so since you have to give them a specimen and data-first use, 406 00:28:19.920 --> 00:28:26.240 you actually can't select multiple classes and then say, make that your, 407 00:28:27.680 --> 00:28:32.240 you can't file for both of them at the same time. You have to show them a data-first use. 408 00:28:32.240 --> 00:28:37.120 You can't file for both of them at the same time, or you can't select them both at the same time 409 00:28:37.120 --> 00:28:41.360 because you have to add specimens. And since they're different goods, they're going to be 410 00:28:41.360 --> 00:28:47.200 different specimens. What do I mean by that? If the goods are candy, right? Here's a candy. 411 00:28:47.920 --> 00:28:54.320 This is just organic ginger, right? That's an organic ginger candy. Let me stop my share for 412 00:28:54.320 --> 00:29:00.240 a second. Okay. So this is, it just says organic St. Clair's. See on the top, St. Clair's. 413 00:29:01.600 --> 00:29:06.480 Okay. So that's a trademark. St. Clair's is a trademark, right? So if I want to submit a 414 00:29:06.480 --> 00:29:12.560 specimen for St. Clair's candy, I just take a picture of the box. That becomes a specimen. 415 00:29:13.680 --> 00:29:19.440 Okay. That's it. Done. Simple. Like, cause it's actually used on a product, right? 416 00:29:19.440 --> 00:29:30.160 And then for luggage, got a bunch of stuff here, but I don't see any luggage. I do have a bag over 417 00:29:30.160 --> 00:29:36.000 there that says Targus, right? And so what I would do is take a picture of the product showing the 418 00:29:36.000 --> 00:29:42.480 trademark on it, and I'd submit that as a specimen. But if you click both of those, 419 00:29:42.480 --> 00:29:49.600 luggage and candy, the USPTO website can't list specimen for luggage, specimen for candy. They 420 00:29:49.600 --> 00:29:55.120 want to do it one at a time. So for that reason, you can't click them both and assign a one A or 421 00:29:55.120 --> 00:29:59.840 one B basis at the same time. You got to do them one at a time. So that's basically a long way of 422 00:30:00.000 --> 00:30:03.920 telling you select one class, then select, 423 00:30:03.920 --> 00:30:06.680 I'll go back to the screen here and show you. 424 00:30:06.680 --> 00:30:09.160 You select one class, like this one here, 425 00:30:09.160 --> 00:30:12.840 this is the one I'm gonna do now, luggage. 426 00:30:12.840 --> 00:30:17.160 And then I went ahead and I said, add section 1A. 427 00:30:17.160 --> 00:30:19.600 Now I've got to add a specimen. 428 00:30:19.600 --> 00:30:22.360 So I click on add specimen. 429 00:30:22.360 --> 00:30:25.520 I look for the file, choose file. 430 00:30:25.520 --> 00:30:28.300 Let's just add something simple. 431 00:30:28.340 --> 00:30:29.800 I attach the file. 432 00:30:30.900 --> 00:30:32.060 They're not gonna take that file 433 00:30:32.060 --> 00:30:35.900 because it doesn't fit within their parameters. 434 00:30:35.900 --> 00:30:38.100 Okay, so you're gonna have to find a file 435 00:30:38.100 --> 00:30:40.680 that actually fits within their parameters. 436 00:30:40.680 --> 00:30:42.100 I grabbed one real quickly, 437 00:30:42.100 --> 00:30:45.660 so this one is not being accepted by them. 438 00:30:45.660 --> 00:30:47.220 I bet if I grab, let me see, 439 00:30:47.220 --> 00:30:50.260 let me see if I have pictures. 440 00:30:50.260 --> 00:30:52.260 I bet if I pick this one over, 441 00:30:52.260 --> 00:30:54.420 of course, because Jesus always works. 442 00:30:54.420 --> 00:30:56.080 There you go. 443 00:30:56.080 --> 00:30:56.920 I love that. 444 00:30:57.720 --> 00:31:00.400 I tried adding a random image, they don't take it. 445 00:31:00.400 --> 00:31:02.320 I take the picture of Jesus, boom, it works. 446 00:31:02.320 --> 00:31:03.560 All right, there you go. 447 00:31:04.460 --> 00:31:05.880 So I'm following a trademark application 448 00:31:05.880 --> 00:31:07.240 for Jesus apparently. 449 00:31:07.240 --> 00:31:09.920 All right, so then I described the specimen. 450 00:31:09.920 --> 00:31:12.480 I'm actually described, so basically, 451 00:31:12.480 --> 00:31:16.580 let's say it was a picture of a bag 452 00:31:16.580 --> 00:31:17.600 with the trademark on it. 453 00:31:17.600 --> 00:31:20.120 Then all I would do in here is I would just say, 454 00:31:20.120 --> 00:31:23.120 digital image of luggage. 455 00:31:27.200 --> 00:31:31.160 Having trademark there on, whoops. 456 00:31:32.040 --> 00:31:35.600 Trademark there on, that's it. 457 00:31:35.600 --> 00:31:37.200 I mean, this is so simple. 458 00:31:37.200 --> 00:31:39.400 And then finally, I put the date of first use. 459 00:31:39.400 --> 00:31:41.580 Let's say that's when I first use it. 460 00:31:41.580 --> 00:31:44.440 So you have to list both your date of first use 461 00:31:44.440 --> 00:31:47.080 in interstate commerce and your date of first use anywhere. 462 00:31:47.080 --> 00:31:49.120 So if you were using it internally, 463 00:31:49.120 --> 00:31:50.920 that would be a different date from the date 464 00:31:50.920 --> 00:31:53.880 that you started actually offering for sale to others. 465 00:31:53.880 --> 00:31:55.720 So let's say this is the date 466 00:31:55.720 --> 00:31:57.720 that I started offering for sale to others, 467 00:31:57.720 --> 00:32:00.320 but within my company, I started using on that date. 468 00:32:01.240 --> 00:32:03.240 And then I just assign the basis. 469 00:32:04.720 --> 00:32:06.260 Okay, and here it is, it's done. 470 00:32:06.260 --> 00:32:07.100 See that? 471 00:32:07.100 --> 00:32:09.520 1A, it's already assigned. 472 00:32:09.520 --> 00:32:14.520 So now this, I'm just, for purposes of making this quicker, 473 00:32:14.720 --> 00:32:16.600 I'll just click these other two here. 474 00:32:16.600 --> 00:32:19.600 I think you can do a 1B for more than one. 475 00:32:19.600 --> 00:32:21.100 Let me just see if that works. 476 00:32:22.100 --> 00:32:26.460 Yep, they'll let me do a 1B. 477 00:32:26.460 --> 00:32:28.300 The reason why they'll let you select more than one 478 00:32:28.300 --> 00:32:31.440 as a 1B is because you don't have to provide any specimens. 479 00:32:33.260 --> 00:32:36.100 So for that reason, boom, there it is, 1B. 480 00:32:36.100 --> 00:32:37.620 So if you have multiple trademarks 481 00:32:37.620 --> 00:32:39.580 that are not being used yet, 482 00:32:39.580 --> 00:32:41.620 you can select multiple of them 483 00:32:42.620 --> 00:32:44.660 and then select section 1B 484 00:32:45.820 --> 00:32:47.860 because you don't have to provide a specimen. 485 00:32:47.860 --> 00:32:50.580 But if you do select one 486 00:32:50.580 --> 00:32:52.720 that actually is being used already, 487 00:32:52.720 --> 00:32:54.160 you have to submit a specimen 488 00:32:54.160 --> 00:32:56.500 so they won't let you select multiple at the same time. 489 00:32:56.500 --> 00:32:58.180 So you got to do those one at a time. 490 00:32:58.180 --> 00:32:59.580 So when I click continue, 491 00:33:01.220 --> 00:33:03.660 now I've got to enter, since I said I'm an attorney, 492 00:33:03.660 --> 00:33:05.820 I'm going to enter my attorney information, 493 00:33:07.180 --> 00:33:08.840 bar number, yeah. 494 00:33:13.500 --> 00:33:15.920 Other attorneys, no. 495 00:33:15.920 --> 00:33:17.500 I'll just throw that there. 496 00:33:18.340 --> 00:33:20.540 For purposes of discussion 497 00:33:20.540 --> 00:33:23.540 or just so that we all understand how this works. 498 00:33:23.540 --> 00:33:26.900 Year of mission, 1998. 499 00:33:31.100 --> 00:33:33.160 That's all fine, fine, fine. 500 00:33:34.340 --> 00:33:36.580 It's just an example, so I don't care. 501 00:33:37.420 --> 00:33:39.400 Email address, sure. 502 00:33:40.380 --> 00:33:41.220 Continue. 503 00:33:41.700 --> 00:33:44.700 Okay, so now it's saying there's an error. 504 00:33:44.700 --> 00:33:45.540 So let's see. 505 00:33:45.540 --> 00:33:46.940 That's fine, that's fine. 506 00:33:48.220 --> 00:33:49.060 Oh, okay. 507 00:33:49.060 --> 00:33:50.860 So attorneys have to check this box 508 00:33:50.860 --> 00:33:52.820 that says you're in good standing. 509 00:33:52.820 --> 00:33:54.100 So do you actually think that an attorney 510 00:33:54.100 --> 00:33:56.220 who's not in good standing would check a box 511 00:33:57.140 --> 00:33:59.020 or would feel bad about checking a box 512 00:33:59.020 --> 00:34:01.820 that actually says they're in good standing? 513 00:34:01.820 --> 00:34:02.660 Probably not, so. 514 00:34:03.740 --> 00:34:07.740 So anyways, then you actually have to enter 515 00:34:08.380 --> 00:34:11.179 So anyways, then you, 516 00:34:11.179 --> 00:34:12.820 I'm not going to go any further than this, 517 00:34:12.820 --> 00:34:16.420 but now all the information here you've got to confirm. 518 00:34:16.420 --> 00:34:19.420 You give an email to confirm and then you click continue. 519 00:34:19.420 --> 00:34:21.460 And now once you get past this screen, 520 00:34:21.460 --> 00:34:23.860 it's going to show you everything that you entered. 521 00:34:23.860 --> 00:34:25.620 All right, I don't want to go past that 522 00:34:25.620 --> 00:34:28.699 because obviously I'm not going to submit 523 00:34:28.699 --> 00:34:33.699 a trademark application for Jesus under my bar number. 524 00:34:33.820 --> 00:34:36.420 But let me stop here just for a second. 525 00:34:36.420 --> 00:34:38.340 I know we covered a lot, okay? 526 00:34:40.340 --> 00:34:42.980 And it's pretty hilarious that Jesus is the answer. 527 00:34:42.980 --> 00:34:45.340 So it wasn't working, but when I used this picture, it worked. 528 00:34:45.340 --> 00:34:47.380 So I'm just saying, you know, that's all. 529 00:34:47.380 --> 00:34:50.340 So does anybody have a question right now 530 00:34:52.100 --> 00:34:52.940 with what we did? 531 00:34:52.940 --> 00:34:53.940 Yeah, April, go ahead. 532 00:34:56.340 --> 00:34:58.740 So my question is, 533 00:35:00.000 --> 00:35:04.840 is if you have multiple things that are in the same class, 534 00:35:04.840 --> 00:35:06.120 like how specific do you have to be? 535 00:35:06.120 --> 00:35:08.080 Like, can you just say apparel 536 00:35:08.080 --> 00:35:09.680 or do you have to specify? 537 00:35:09.680 --> 00:35:11.080 That's a great question. 538 00:35:11.080 --> 00:35:12.560 And I'm gonna do hats and I'm gonna do, 539 00:35:12.560 --> 00:35:13.880 like how much of that do you have to do 540 00:35:13.880 --> 00:35:15.200 if they're in the same class? 541 00:35:15.200 --> 00:35:16.240 Love that question. 542 00:35:16.240 --> 00:35:17.280 All right, so, 543 00:35:22.480 --> 00:35:24.320 I'll tell you the way I do it. 544 00:35:24.320 --> 00:35:26.800 The way I do these applications is I start broad 545 00:35:26.800 --> 00:35:29.680 and then I have narrow next to it, okay? 546 00:35:29.760 --> 00:35:31.200 So what I'll have is I'll say, 547 00:35:31.200 --> 00:35:34.880 let's say that it's sports apparel. 548 00:35:34.880 --> 00:35:38.680 I'll say sports apparel, then I'll say namely, 549 00:35:38.680 --> 00:35:40.920 and I'll mention different things, right? 550 00:35:40.920 --> 00:35:45.600 So I'll say namely sneakers and, you know, 551 00:35:45.600 --> 00:35:50.280 running shoes and headbands and whatever else. 552 00:35:50.280 --> 00:35:52.400 So I'll do both, right? 553 00:35:53.320 --> 00:35:55.680 And there are multiple reasons for that, 554 00:35:55.680 --> 00:35:58.320 but one of the main reasons is that when you file it, 555 00:35:59.200 --> 00:36:01.720 it's not uncommon that the examiner 556 00:36:01.720 --> 00:36:02.600 is gonna come back to you 557 00:36:02.600 --> 00:36:05.520 and say they want you to be more specific, right? 558 00:36:05.520 --> 00:36:07.720 So when you file an application, 559 00:36:07.720 --> 00:36:09.400 as an example, if you file an application 560 00:36:09.400 --> 00:36:14.280 for like automobile parts alone, 561 00:36:14.280 --> 00:36:15.800 then chances are very high, 562 00:36:15.800 --> 00:36:18.200 the examiner is gonna come back and say, 563 00:36:18.200 --> 00:36:19.960 well, what are some of the parts? 564 00:36:19.960 --> 00:36:21.840 Like, that's just what they do. 565 00:36:21.840 --> 00:36:26.080 But feel free to file for something broader, that's okay. 566 00:36:26.080 --> 00:36:28.320 You can do that and just see what happens. 567 00:36:28.320 --> 00:36:29.760 You're not gonna hurt yourself. 568 00:36:29.760 --> 00:36:33.440 Would it be better to do that as a standard 569 00:36:33.440 --> 00:36:34.600 rather than the plus, 570 00:36:34.600 --> 00:36:36.720 if you're gonna enumerate a bunch of different things 571 00:36:36.720 --> 00:36:38.640 or does it not matter? 572 00:36:38.640 --> 00:36:40.200 I mean, it really doesn't matter if you're, 573 00:36:40.200 --> 00:36:42.040 I mean, when I do applications 574 00:36:42.040 --> 00:36:43.320 and I know it's really complex, 575 00:36:43.320 --> 00:36:44.360 like I have a number of clients 576 00:36:44.360 --> 00:36:46.680 that have like 80 words plus 577 00:36:46.680 --> 00:36:49.680 in a recitation of services or goods. 578 00:36:49.680 --> 00:36:52.840 I do my own standard, I don't do plus. 579 00:36:52.840 --> 00:36:56.040 I rarely do plus just because 580 00:36:56.040 --> 00:36:58.400 I want them to have the freedom 581 00:36:58.400 --> 00:37:00.000 to list whatever they want. 582 00:37:00.000 --> 00:37:02.560 You don't need to use exactly the words 583 00:37:02.560 --> 00:37:04.280 that they want you to use, right? 584 00:37:04.280 --> 00:37:05.840 But what I will say is that 585 00:37:05.840 --> 00:37:08.480 they do a pretty good job 586 00:37:08.480 --> 00:37:12.200 of listing many things that are available. 587 00:37:12.200 --> 00:37:14.800 Like if I go add goods and services here, 588 00:37:15.720 --> 00:37:18.360 let's say I use, 589 00:37:18.360 --> 00:37:23.360 let's say automobile parts. 590 00:37:24.200 --> 00:37:25.040 That's what we said. 591 00:37:25.040 --> 00:37:27.680 So let's just look at automobile parts. 592 00:37:29.520 --> 00:37:31.560 So now under automobile parts, 593 00:37:33.640 --> 00:37:34.920 there's a number of things. 594 00:37:34.920 --> 00:37:36.360 I don't know that these help. 595 00:37:36.360 --> 00:37:37.600 Let me try something else. 596 00:37:37.600 --> 00:37:40.120 How about helmets? 597 00:37:41.280 --> 00:37:42.960 I wonder if helmets will give you 598 00:37:42.960 --> 00:37:45.280 multiple things underneath it. 599 00:37:45.280 --> 00:37:46.360 Yes, all right, perfect. 600 00:37:46.360 --> 00:37:47.800 This is a great example, helmets. 601 00:37:48.760 --> 00:37:50.200 So you see how helmets can fall 602 00:37:50.200 --> 00:37:51.640 into a lot of different things. 603 00:37:51.640 --> 00:37:55.120 Like you can have umpire helmets, 604 00:37:55.120 --> 00:37:56.160 all these other types. 605 00:37:56.160 --> 00:37:58.360 So I'm gonna say bicycle helmets 606 00:38:02.280 --> 00:38:04.880 and I should probably do motorcycle helmets, 607 00:38:04.880 --> 00:38:09.880 driver helmets and helmets for bicycles. 608 00:38:15.080 --> 00:38:16.720 Isn't that the same thing as bicycle helmets? 609 00:38:16.720 --> 00:38:17.800 I don't understand that. 610 00:38:17.800 --> 00:38:19.240 Helmets for motorcyclists. 611 00:38:19.240 --> 00:38:20.840 Isn't that the same as motorcycle helmets? 612 00:38:20.840 --> 00:38:23.360 So here's an example where you have multiple things 613 00:38:23.360 --> 00:38:25.160 that are listed for the same thing. 614 00:38:26.880 --> 00:38:31.080 So auto racing helmets and let's, 615 00:38:33.800 --> 00:38:37.080 you could even do protective helmets for sports 616 00:38:37.080 --> 00:38:38.880 if car racing is considered a sport. 617 00:38:39.880 --> 00:38:41.880 So you can select all the ones you want. 618 00:38:41.880 --> 00:38:43.280 And then once you select all you want, 619 00:38:43.280 --> 00:38:45.760 you can just say insert checked entries. 620 00:38:45.760 --> 00:38:47.240 Now, the reason why I did this 621 00:38:47.240 --> 00:38:48.080 is because I wanted to show you 622 00:38:48.080 --> 00:38:49.920 there's multiple in the same class. 623 00:38:49.920 --> 00:38:50.760 You see that? 624 00:38:52.040 --> 00:38:54.680 Three, four, five, six things in the same class. 625 00:38:54.680 --> 00:38:56.600 When I click insert checked entries, 626 00:38:57.880 --> 00:38:59.800 all these are in class nine. 627 00:39:00.680 --> 00:39:04.920 So what that means for us, let's turn these off 628 00:39:04.920 --> 00:39:08.240 because all these three already have an assigned basis. 629 00:39:08.240 --> 00:39:10.600 These three here, all these one, two, three, 630 00:39:10.600 --> 00:39:12.320 four, five, six, seven, 631 00:39:13.320 --> 00:39:17.160 that I'm only gonna be charged one fee for that 632 00:39:17.160 --> 00:39:18.600 because it's one class. 633 00:39:19.640 --> 00:39:23.520 So I can specify a lot of different things in that class. 634 00:39:23.520 --> 00:39:27.880 But to answer your question, you can just say helmets. 635 00:39:28.800 --> 00:39:30.320 But if you file for helmets, 636 00:39:30.320 --> 00:39:33.120 I'm pretty sure the USPTO is gonna come back to you 637 00:39:33.120 --> 00:39:35.880 because it's been segregated in so many ways. 638 00:39:35.880 --> 00:39:37.160 I'm pretty sure they're gonna come back to you 639 00:39:37.160 --> 00:39:38.000 and they're gonna say, 640 00:39:38.000 --> 00:39:43.000 hey, you need to specify what exactly are those. 641 00:39:43.360 --> 00:39:45.560 And if you only have motorcycle helmets 642 00:39:45.560 --> 00:39:47.480 that you can provide a specimen for now, 643 00:39:47.480 --> 00:39:49.480 you can do 1A on that. 644 00:39:49.480 --> 00:39:52.400 And then the bicycle helmets and the auto racing helmets 645 00:39:52.400 --> 00:39:54.480 are the 1B, because those are coming too. 646 00:39:54.480 --> 00:39:55.800 Absolutely. 647 00:39:55.800 --> 00:39:56.640 Very well said. 648 00:39:56.640 --> 00:39:57.880 Thank you, that's super helpful. 649 00:39:57.880 --> 00:39:59.680 Absolutely, very well said. 650 00:40:00.000 --> 00:40:02.000 That's perfect, well done. 651 00:40:02.000 --> 00:40:04.000 So if I say, well, hold it, 652 00:40:04.000 --> 00:40:06.680 like after I review with my team, they say, well, hold it. 653 00:40:06.680 --> 00:40:08.560 You know, we've been selling bicycle helmets. 654 00:40:08.560 --> 00:40:10.040 It's like, where have you been? 655 00:40:10.040 --> 00:40:11.600 Like, we've been selling them for two years. 656 00:40:11.600 --> 00:40:14.320 And you go, oh, well, sorry, I didn't know. 657 00:40:14.320 --> 00:40:15.720 So then you click on that one there 658 00:40:15.720 --> 00:40:17.520 and you change it to section 1A. 659 00:40:19.400 --> 00:40:22.080 Cause, well, actually you got to get rid of the 1B. 660 00:40:22.080 --> 00:40:24.080 Ooh, ooh, this should be interesting. 661 00:40:24.080 --> 00:40:25.800 Remove check goods and services 662 00:40:26.800 --> 00:40:27.960 because I'm going to have to remove. 663 00:40:27.960 --> 00:40:30.000 I've actually never had to remove 664 00:40:30.000 --> 00:40:31.560 cause I always do it right. 665 00:40:31.560 --> 00:40:34.120 So let's do this together. 666 00:40:34.120 --> 00:40:36.040 Let's find out how to remove items. 667 00:40:36.040 --> 00:40:37.400 Do you have to remove the item? 668 00:40:37.400 --> 00:40:38.960 Really? 669 00:40:38.960 --> 00:40:40.800 I want to change the assigning basis. 670 00:40:40.800 --> 00:40:43.160 I don't want to remove. 671 00:40:43.160 --> 00:40:45.440 Let me see, remove check goods and services. 672 00:40:45.440 --> 00:40:46.920 Helmets for bicycles. 673 00:40:46.920 --> 00:40:50.960 I guess I could do that and then add new one. 674 00:40:53.720 --> 00:40:57.480 So helmets for bicycles, just add that now. 675 00:40:58.600 --> 00:40:59.440 Insert. 676 00:41:00.480 --> 00:41:03.400 Now that it's there, I can uncheck everything 677 00:41:03.400 --> 00:41:06.880 and then check for bicycles and then go to 1A. 678 00:41:06.880 --> 00:41:08.320 It should be an easier way to do that. 679 00:41:08.320 --> 00:41:09.400 I don't know how to do that. 680 00:41:09.400 --> 00:41:12.000 And then you have to put in your specimen, 681 00:41:12.000 --> 00:41:15.760 describe it, give your data first use and assign it. 682 00:41:17.520 --> 00:41:20.320 So let's just do that real quick. 683 00:41:20.320 --> 00:41:21.240 Choose the file. 684 00:41:23.000 --> 00:41:24.640 Let's do that one. 685 00:41:24.640 --> 00:41:27.720 That's so funny. 686 00:41:28.520 --> 00:41:29.640 Return to the form. 687 00:41:29.640 --> 00:41:30.560 Description. 688 00:41:32.840 --> 00:41:37.360 Let's just say digital image of helmet of, 689 00:41:40.160 --> 00:41:44.200 was this the bicycle one or the, yes. 690 00:41:44.200 --> 00:41:49.200 So a bicycle helmet having trademark thereon. 691 00:41:54.520 --> 00:41:56.880 Cause you have to show it actually being used 692 00:41:56.880 --> 00:41:58.200 in your state commerce. 693 00:41:58.200 --> 00:42:00.800 You can come up with whatever dates you want 694 00:42:00.800 --> 00:42:02.200 and assign filing basis. 695 00:42:04.560 --> 00:42:05.400 And there it is. 696 00:42:06.400 --> 00:42:10.720 So how many, somebody tell me, 697 00:42:10.720 --> 00:42:13.360 now that we have all these listed here, 698 00:42:13.360 --> 00:42:15.480 if you can all see it, hopefully you can see it. 699 00:42:15.480 --> 00:42:17.600 Let me make it a little bigger. 700 00:42:17.600 --> 00:42:22.600 How many, how many classes? 701 00:42:23.080 --> 00:42:25.320 First, tell me how many classes are here. 702 00:42:25.320 --> 00:42:26.640 Somebody just unmute themselves 703 00:42:26.640 --> 00:42:28.400 and say how many classes are here. 704 00:42:31.880 --> 00:42:32.960 Four. 705 00:42:32.960 --> 00:42:34.040 Four, correct. 706 00:42:34.040 --> 00:42:39.040 Now that means that you're going to have to spend $250 707 00:42:42.360 --> 00:42:44.160 times four. 708 00:42:44.160 --> 00:42:45.000 Okay. 709 00:42:45.000 --> 00:42:47.120 Was it 275 or 250? 710 00:42:47.120 --> 00:42:48.080 275. 711 00:42:48.080 --> 00:42:48.920 275. 712 00:42:48.920 --> 00:42:51.440 So 275 times four. 713 00:42:51.440 --> 00:42:52.520 That's going to be your cost. 714 00:42:52.520 --> 00:42:53.360 Okay. 715 00:42:53.360 --> 00:42:54.880 So if you're in the middle of this and you're going, 716 00:42:55.440 --> 00:42:56.760 oh, I can't afford to do all this right now. 717 00:42:56.760 --> 00:42:59.600 You know, let's just get rid of this stuff here. 718 00:42:59.600 --> 00:43:02.520 So you come over here and you delete it. 719 00:43:02.520 --> 00:43:03.800 Remove check goods. 720 00:43:05.280 --> 00:43:06.120 Gone. 721 00:43:06.120 --> 00:43:07.200 Now you have three. 722 00:43:07.200 --> 00:43:08.960 See, that's what you do. 723 00:43:08.960 --> 00:43:12.080 That's how you can, how you can work with the system. 724 00:43:12.080 --> 00:43:13.960 What do you do to add more later 725 00:43:13.960 --> 00:43:16.280 if you want to add more to it? 726 00:43:16.280 --> 00:43:17.120 Sure. 727 00:43:17.120 --> 00:43:17.960 Yeah. 728 00:43:17.960 --> 00:43:21.280 So let's say we file today and then next week, 729 00:43:21.280 --> 00:43:23.960 or let's say a year from now, you say, 730 00:43:23.960 --> 00:43:25.720 oh man, you know, I really, 731 00:43:25.720 --> 00:43:26.880 I want to add another class, 732 00:43:26.880 --> 00:43:28.480 which is what happened to one of my clients. 733 00:43:28.480 --> 00:43:31.920 Like they sell wallets and then they wanted to add more. 734 00:43:31.920 --> 00:43:33.720 And I said, well, what do I do? 735 00:43:33.720 --> 00:43:35.960 I said, well, you got to file a new trademark application. 736 00:43:35.960 --> 00:43:37.680 That's the way the process works. 737 00:43:37.680 --> 00:43:39.720 So you have to go through this whole process again, 738 00:43:39.720 --> 00:43:43.360 filing another one for another international class. 739 00:43:43.360 --> 00:43:45.920 What if it's something that you already have in that class, 740 00:43:45.920 --> 00:43:47.040 but you've now added, 741 00:43:47.040 --> 00:43:49.560 we didn't think we were going to do in motorcycle homelets, 742 00:43:49.560 --> 00:43:51.080 but the demand was so high. 743 00:43:51.080 --> 00:43:53.440 So now a year later, we've decided to roll those out. 744 00:43:53.440 --> 00:43:54.280 These are great. 745 00:43:54.280 --> 00:43:56.320 So April and I are going to hit the road 746 00:43:56.320 --> 00:43:59.000 because all of her questions are perfect, quite frankly. 747 00:43:59.000 --> 00:44:00.880 So they're like prefacing everything 748 00:44:00.880 --> 00:44:02.080 that we should be talking about. 749 00:44:02.080 --> 00:44:05.760 So, yeah, so you actually have to file 750 00:44:05.760 --> 00:44:09.280 a brand new application for that class, 751 00:44:09.280 --> 00:44:10.880 but then list the new goods. 752 00:44:10.880 --> 00:44:14.160 So like I had a client, I still have a client, 753 00:44:14.160 --> 00:44:17.160 they own it for wallets, right? 754 00:44:17.160 --> 00:44:22.160 But what happens was that they had a situation 755 00:44:23.160 --> 00:44:27.400 where all of a sudden they started doing some new products. 756 00:44:27.400 --> 00:44:29.320 And so we were getting ready to file. 757 00:44:29.320 --> 00:44:30.880 And I know how creative this guy is. 758 00:44:30.880 --> 00:44:33.200 Like he's a multimillionaire, he's brilliant. 759 00:44:33.200 --> 00:44:34.560 I said, you're not ready to file. 760 00:44:34.560 --> 00:44:35.680 And he says, what do you mean I'm not ready? 761 00:44:35.680 --> 00:44:38.080 I said, you've got way more things. 762 00:44:38.080 --> 00:44:39.760 Go back to your team. 763 00:44:39.760 --> 00:44:41.440 I am not going to file an application 764 00:44:41.440 --> 00:44:43.560 for that one thing you want me to do. 765 00:44:43.560 --> 00:44:44.880 And then find out in two weeks, 766 00:44:44.880 --> 00:44:46.880 you've got like seven other things. 767 00:44:46.880 --> 00:44:50.280 Go back to your team, find everything that you have. 768 00:44:50.400 --> 00:44:52.280 And then let's set up a meeting. 769 00:44:52.280 --> 00:44:55.320 And he did, and he came back with like seven other things. 770 00:44:55.320 --> 00:44:57.600 And so he says, boy, you just saved me a lot of money. 771 00:44:57.600 --> 00:44:59.920 I said, yeah, because if. 772 00:45:00.000 --> 00:45:02.520 we'd have done it the way that you wanted to do it, then every 773 00:45:02.520 --> 00:45:05.680 time you call me, it would have cost you because you're not just 774 00:45:05.680 --> 00:45:07.880 paying the USPTO fee, you're paying the attorney's fees on 775 00:45:07.880 --> 00:45:11.920 top of that. I mean, you you it's not uncommon to spend 1500 776 00:45:11.920 --> 00:45:14.680 bucks on a trademark application. It's not uncommon. 777 00:45:15.400 --> 00:45:18.640 Because people will go back and forth on specimens that go back 778 00:45:18.640 --> 00:45:21.520 and forth on recitation of goods and services. So you're going 779 00:45:21.520 --> 00:45:23.840 back and forth, back and forth, back and forth. By the time 780 00:45:23.840 --> 00:45:28.720 they're done, the total fee ends up being like 1500 bucks. You 781 00:45:28.720 --> 00:45:32.400 know, so I mean, unfortunately, but this is why I'm walking you 782 00:45:32.400 --> 00:45:35.040 guys through this. So you understand this. And you know 783 00:45:35.040 --> 00:45:38.120 what, it costs you nothing to learn this now. I mean, well, 784 00:45:38.160 --> 00:45:40.800 obviously, it costs you money to be here to learn this. But the 785 00:45:40.800 --> 00:45:43.520 whole point being that you can make mistakes, you can learn, 786 00:45:43.880 --> 00:45:46.320 you can ask questions, you've got we're together three more 787 00:45:46.320 --> 00:45:51.640 days, you can ask questions now. And it's really important when 788 00:45:51.640 --> 00:45:57.000 you learn something to have to have a structure to be able to 789 00:45:57.000 --> 00:46:01.240 ask questions. It's really important because, you know, you 790 00:46:01.240 --> 00:46:04.400 can you can obtain tremendous, tremendous knowledge. But at the 791 00:46:04.400 --> 00:46:08.120 end of the day, if you can't make sure that what you're doing 792 00:46:08.120 --> 00:46:13.040 is accurate, you can get a lot of trouble. And I've seen it. 793 00:46:13.080 --> 00:46:16.720 I've seen people file things that are wrong. Then they 794 00:46:16.720 --> 00:46:19.480 realize, oh, no, I meant to do this. They call the examiner and 795 00:46:19.480 --> 00:46:24.440 examiner says, Oh, well, file another application. That means 796 00:46:24.440 --> 00:46:28.520 now you're spending another 1500 bucks. You know, it's just 797 00:46:28.560 --> 00:46:31.560 it's a waste of time and money. So I much rather you guys don't 798 00:46:31.560 --> 00:46:35.480 run into that. Terry, was that your question? I heard a voice. 799 00:46:36.160 --> 00:46:42.400 No, my question is, I have, of course, my board game. And then 800 00:46:42.400 --> 00:46:47.560 I have my board game is one name, but then I have the name 801 00:46:47.560 --> 00:46:56.880 of my business, which is a LLC. And then I have an actual event 802 00:46:57.000 --> 00:47:02.800 that I put on when I a game day, basically, I have have that 803 00:47:02.800 --> 00:47:08.640 called something else. So as far as me when I file, the name is 804 00:47:08.640 --> 00:47:14.800 going to be the trademark will be for my business name. And 805 00:47:14.800 --> 00:47:18.840 then I put those two items as my goods and service. 806 00:47:21.920 --> 00:47:25.160 So this is where an IP audit is really helpful when you have a 807 00:47:25.160 --> 00:47:29.280 lot of things that are going on. If the same name, are they all 808 00:47:29.280 --> 00:47:32.920 the same? Well, if I have a company, and a company is called 809 00:47:32.920 --> 00:47:38.000 XYZ Corporation, and I have a product that's called ice, I 810 00:47:38.000 --> 00:47:39.600 have another product that's called 811 00:47:43.280 --> 00:47:46.960 sunlight, I'm just making this stuff up. So I have ice, then I 812 00:47:46.960 --> 00:47:49.560 have sunlight, two different products. But my company is 813 00:47:49.560 --> 00:47:53.720 called XYZ Corporation, those are three different names. So if 814 00:47:53.720 --> 00:47:57.120 I want to own all three names, I got to file three applications. 815 00:47:57.560 --> 00:48:00.760 Now when I when I file for ice, I'm going to talk about the 816 00:48:00.760 --> 00:48:03.760 goods and services associated with ice. When I talk about 817 00:48:04.200 --> 00:48:07.560 sunlight, I'm going to be filing for the goods and services 818 00:48:07.560 --> 00:48:11.000 associated with the sunlight product. But my corporation 819 00:48:11.360 --> 00:48:15.800 provides certain services. So my trademark application for XYZ 820 00:48:15.800 --> 00:48:19.920 Corporation is going to say XYZ, kind of like Microsoft, right? 821 00:48:19.960 --> 00:48:23.520 Microsoft, you file for Microsoft, well, Microsoft 822 00:48:23.520 --> 00:48:27.720 provides does software development. So the application 823 00:48:27.720 --> 00:48:30.600 is going to be associated with software development. So it 824 00:48:30.600 --> 00:48:35.480 depends upon where the trademark is being used every place where 825 00:48:35.480 --> 00:48:39.560 a trademark is being used. All of those things I should be 826 00:48:39.560 --> 00:48:40.040 listing. 827 00:48:42.720 --> 00:48:46.040 Spending a lot of time and money later fixing things up. 828 00:48:46.880 --> 00:48:49.600 You say where a trademark is being used. You mean like the 829 00:48:49.600 --> 00:48:52.640 little the little R in a little circle? Is that what you're 830 00:48:52.640 --> 00:48:53.240 talking about? 831 00:48:54.480 --> 00:48:55.800 No, you say that way. 832 00:48:57.720 --> 00:49:03.480 Use of a TM and an R is the result of my use. It's not 833 00:49:03.480 --> 00:49:07.040 showing that I'm using it. You could not use a TM or an R and 834 00:49:07.040 --> 00:49:09.240 still be using it. It just means that you're not marking it 835 00:49:09.240 --> 00:49:13.240 properly. So don't, don't judge. Don't judge your use based on 836 00:49:13.240 --> 00:49:17.120 whether or not use a TM or an R. So if a company, if you're using 837 00:49:17.120 --> 00:49:21.080 a name, or if I'm using a name on a product, right here, I'm 838 00:49:21.080 --> 00:49:22.560 going to show you something. Let me give you an example. 839 00:49:28.000 --> 00:49:29.440 Okay, here we go. 840 00:49:30.280 --> 00:49:34.680 So I have an old box here. There's a very old box, very old 841 00:49:34.680 --> 00:49:39.240 box. This is the original. There's a Wheaties box, right? 842 00:49:39.240 --> 00:49:41.800 It has Michael Jordan on it. Like this is the original box, 843 00:49:41.840 --> 00:49:46.920 right? Right. So now this the product is called Wheaties, 844 00:49:47.160 --> 00:49:53.600 right? So but the company's name is General Mills, right? So I've 845 00:49:53.600 --> 00:49:56.240 got a trademark for Wheaties, I've got a trademark for General 846 00:49:56.240 --> 00:50:00.000 Mills. But under General Mills, I've 847 00:50:00.000 --> 00:50:03.320 Also got right down there, a logo. 848 00:50:03.320 --> 00:50:04.520 You see that G? 849 00:50:05.720 --> 00:50:08.520 So the G logo is protectable. 850 00:50:08.520 --> 00:50:10.940 General Mills, the words is protectable. 851 00:50:10.940 --> 00:50:12.960 Wheaties is protectable. 852 00:50:12.960 --> 00:50:14.840 And here, I'll blow your mind. 853 00:50:14.840 --> 00:50:18.560 This color scheme of white and orange, 854 00:50:18.560 --> 00:50:21.180 that's actually called trade dress. 855 00:50:21.180 --> 00:50:22.400 If you use certain trade, 856 00:50:22.400 --> 00:50:26.660 if you use certain colors consistently, 857 00:50:27.660 --> 00:50:30.260 you can actually own that color scheme. 858 00:50:30.260 --> 00:50:32.140 Let me put this back so I don't damage the box 859 00:50:32.140 --> 00:50:34.060 because I've had it for a long time. 860 00:50:34.060 --> 00:50:39.060 But that, oh, let me put that back there. 861 00:50:42.660 --> 00:50:44.220 So we're not talking about trade dress 862 00:50:44.220 --> 00:50:46.320 because I don't wanna go any deeper 863 00:50:46.320 --> 00:50:48.180 than we've gone so far in the last two days. 864 00:50:48.180 --> 00:50:50.580 Because there's all, just so we're clear, 865 00:50:50.580 --> 00:50:53.060 there are hundreds of things 866 00:50:53.060 --> 00:50:55.180 like I could teach you in this stuff. 867 00:50:55.180 --> 00:50:56.660 And it's all dependent upon 868 00:50:56.660 --> 00:50:59.580 in your specific company what you need. 869 00:50:59.580 --> 00:51:00.580 That's what's important. 870 00:51:00.580 --> 00:51:02.600 So let me go to, I'm gonna go to the next person 871 00:51:02.600 --> 00:51:03.980 on this one, right? 872 00:51:03.980 --> 00:51:04.820 Let me go to Teresa. 873 00:51:04.820 --> 00:51:07.980 I haven't touched base with Teresa at all yet. 874 00:51:07.980 --> 00:51:10.180 So Teresa, go right ahead. 875 00:51:13.580 --> 00:51:14.420 If you're there. 876 00:51:17.420 --> 00:51:18.260 Oops. 877 00:51:18.260 --> 00:51:20.140 Okay, hold on. 878 00:51:20.140 --> 00:51:22.040 Okay, can you hear me? 879 00:51:22.040 --> 00:51:23.980 I can, how are you? 880 00:51:23.980 --> 00:51:25.580 Great, I am so good. 881 00:51:25.580 --> 00:51:30.580 Okay, so my question, I'm gonna send you a question, 882 00:51:30.580 --> 00:51:32.780 a more detailed question through email. 883 00:51:32.780 --> 00:51:34.900 But here's my broad question. 884 00:51:34.900 --> 00:51:39.100 What I'm working on is a pattern of material. 885 00:51:39.100 --> 00:51:43.100 And so I wanna be able to put it on everything 886 00:51:43.100 --> 00:51:48.100 from sheets to baby products 887 00:51:48.220 --> 00:51:53.040 to horse blankets to clothing. 888 00:51:54.220 --> 00:51:59.220 To curtains, like, because it's a pattern 889 00:51:59.740 --> 00:52:01.640 of, it's a print pattern. 890 00:52:03.220 --> 00:52:05.960 So what do I, I'm not, 891 00:52:07.340 --> 00:52:08.820 like, I don't really know how to, 892 00:52:08.820 --> 00:52:10.140 it can even go on luggage. 893 00:52:10.140 --> 00:52:12.100 Like, I don't really know what to, 894 00:52:12.100 --> 00:52:14.220 I don't know how to, what to do with that. 895 00:52:15.100 --> 00:52:16.900 Okay, all right, that's okay. 896 00:52:16.900 --> 00:52:19.060 So let me walk you through a few things. 897 00:52:19.940 --> 00:52:21.180 I'll walk through this one with you 898 00:52:21.180 --> 00:52:23.820 and then we'll probably end here 899 00:52:24.660 --> 00:52:26.820 because I might do one more, let's see. 900 00:52:26.820 --> 00:52:29.980 All right, so textiles in general 901 00:52:29.980 --> 00:52:32.580 fall into international class 24, all right? 902 00:52:32.580 --> 00:52:35.460 I just looked it up just to help you out. 903 00:52:35.460 --> 00:52:39.620 So international class 24 is associated with textiles. 904 00:52:39.620 --> 00:52:42.940 Now, I never knew this. 905 00:52:42.940 --> 00:52:47.940 My wife works for what's called New Hampshire Scott, right? 906 00:52:47.940 --> 00:52:50.180 They put it on the Highland Games. 907 00:52:50.180 --> 00:52:55.180 So this is where, like, they do, like, 908 00:52:55.300 --> 00:52:58.020 strongman competition. 909 00:52:58.020 --> 00:53:02.220 They do, like, the drinking competitions. 910 00:53:02.220 --> 00:53:03.420 No, I'm just kidding. 911 00:53:03.420 --> 00:53:05.020 Like, I've been to the event. 912 00:53:05.020 --> 00:53:06.380 There's a lot of drinking, okay? 913 00:53:06.380 --> 00:53:07.860 I don't drink, but there's a lot of drinking 914 00:53:07.860 --> 00:53:08.820 at those events. 915 00:53:08.820 --> 00:53:11.620 But they do, like, the carrying of these different things 916 00:53:11.620 --> 00:53:15.940 and then the tossing of the telephone poles. 917 00:53:15.940 --> 00:53:18.180 And then they do all sorts of different events, right? 918 00:53:18.460 --> 00:53:20.860 It's all Scottish. 919 00:53:20.860 --> 00:53:24.220 And so they have what are called, 920 00:53:25.780 --> 00:53:27.340 my wife's right over there. 921 00:53:27.340 --> 00:53:30.180 It's called a, somebody told me it starts with a T. 922 00:53:30.180 --> 00:53:31.020 What is it called? 923 00:53:31.020 --> 00:53:31.940 Like a tartan. 924 00:53:31.940 --> 00:53:34.940 That's it, a tartan, yes, that's it. 925 00:53:34.940 --> 00:53:36.820 It's called a tartan, right? 926 00:53:36.820 --> 00:53:41.540 And so the New Hampshire, 927 00:53:42.700 --> 00:53:46.740 her group actually came up with a new tartan. 928 00:53:46.740 --> 00:53:50.180 And so they actually had a name for the tartan 929 00:53:50.180 --> 00:53:53.020 and they protected the name of the tartan 930 00:53:53.020 --> 00:53:54.660 under that international class, right? 931 00:53:54.660 --> 00:53:58.100 But then separate from that, that design, 932 00:53:58.100 --> 00:54:00.340 they actually protected by copyright law. 933 00:54:01.340 --> 00:54:06.340 So they actually filed a copyright for the design itself. 934 00:54:06.900 --> 00:54:09.740 So there's a number of different ways 935 00:54:09.740 --> 00:54:14.740 that textiles or designs can actually be protected. 936 00:54:17.020 --> 00:54:18.260 Okay, well, just let me send you 937 00:54:18.260 --> 00:54:20.180 a more detailed description later. 938 00:54:20.180 --> 00:54:21.020 Sure. 939 00:54:21.020 --> 00:54:22.220 And I thank you so much 940 00:54:22.220 --> 00:54:25.020 for just even steering me in the right direction. 941 00:54:25.020 --> 00:54:25.860 Yeah, sure. 942 00:54:25.860 --> 00:54:29.380 So like print patterns in and of themselves, 943 00:54:29.380 --> 00:54:31.020 print patterns are actually protectable 944 00:54:31.020 --> 00:54:32.260 under copyright law. 945 00:54:33.540 --> 00:54:38.540 The names of any prints are actually protectable 946 00:54:38.940 --> 00:54:40.340 under trademark law. 947 00:54:40.340 --> 00:54:44.180 But then on top of that, any fabric design 948 00:54:44.180 --> 00:54:46.340 or clothing designs or things like that 949 00:54:46.820 --> 00:54:49.820 actually can also be protectable under trademark law. 950 00:54:49.820 --> 00:54:54.820 There's this body of law called acquired distinctiveness. 951 00:54:54.820 --> 00:54:56.180 And so you wanna make sure you speak 952 00:54:56.180 --> 00:54:58.460 to a trademark attorney in this area 953 00:54:58.460 --> 00:55:00.420 because you have to know how to do it. 954 00:55:00.000 --> 00:55:05.000 It kind of falls into a similar category of colors. 955 00:55:05.140 --> 00:55:08.200 Like if you're trying to own the color blue, 956 00:55:08.200 --> 00:55:11.260 I have a client of mine, Macintosh, 957 00:55:11.260 --> 00:55:13.380 they sell receivers, right? 958 00:55:13.380 --> 00:55:14.220 Audio receivers. 959 00:55:14.220 --> 00:55:16.180 The audio receivers are like, 960 00:55:16.180 --> 00:55:20.300 they can be anywhere from 500 bucks to 50,000 bucks, right? 961 00:55:20.300 --> 00:55:25.300 But all their receivers have a blue, has a blue screen. 962 00:55:25.340 --> 00:55:26.660 So they came to me one day and they said, 963 00:55:26.700 --> 00:55:28.260 we want to own the color blue. 964 00:55:29.860 --> 00:55:34.380 I said, okay, so let me see if I get this straight. 965 00:55:34.380 --> 00:55:37.340 You want to own the color blue for audio equipment? 966 00:55:37.340 --> 00:55:39.140 They said, no, for audio receivers, 967 00:55:39.140 --> 00:55:40.100 we want to own the color blue. 968 00:55:40.100 --> 00:55:43.260 I said, well, that's ambitious. 969 00:55:43.260 --> 00:55:44.620 So let's try and do it. 970 00:55:44.620 --> 00:55:45.760 And we did. 971 00:55:45.760 --> 00:55:47.220 It took me a while, but I got it. 972 00:55:47.220 --> 00:55:49.580 So Macintosh owns the color blue. 973 00:55:49.580 --> 00:55:51.960 There's no other company in the world 974 00:55:52.000 --> 00:55:56.960 that can use the color blue for the dial area 975 00:55:56.960 --> 00:56:00.120 or like right where the numbers show up. 976 00:56:00.120 --> 00:56:01.880 Nobody else can use that color blue 977 00:56:02.740 --> 00:56:04.760 or they would be committing a trademark infringement. 978 00:56:04.760 --> 00:56:05.720 Bless you. 979 00:56:05.720 --> 00:56:10.220 All right, so with that, I'm going to stop here 980 00:56:10.220 --> 00:56:12.280 because I've given you guys so much stuff, 981 00:56:12.280 --> 00:56:14.280 you guys are going to explode. 982 00:56:14.280 --> 00:56:17.140 All right, so between the normal challenge 983 00:56:17.140 --> 00:56:19.040 and what we've done in VIP today, 984 00:56:19.600 --> 00:56:23.560 day two is usually the heaviest day. 985 00:56:23.560 --> 00:56:25.760 So I'm going to give you time to digest this, 986 00:56:25.760 --> 00:56:28.480 process this, sleep, 987 00:56:29.560 --> 00:56:33.080 and then tomorrow we're going to jump into copyright law. 988 00:56:33.080 --> 00:56:34.800 I might answer a question or two tomorrow 989 00:56:34.800 --> 00:56:37.400 before we get started in the other area. 990 00:56:37.400 --> 00:56:39.720 We're good, we're together another three days. 991 00:56:39.720 --> 00:56:42.160 Okay, is this helping you guys? 992 00:56:42.160 --> 00:56:43.360 Is this, yeah? 993 00:56:43.360 --> 00:56:45.880 Okay, good, good, I'm glad, I'm good. 994 00:56:45.880 --> 00:56:48.440 All right, so tomorrow we'll dig in some more. 995 00:56:49.720 --> 00:56:52.660 And let me see something. 996 00:56:53.800 --> 00:56:56.200 Poppy, DM me, all right? 997 00:56:56.200 --> 00:56:57.840 Because I know something's like on your mind, 998 00:56:57.840 --> 00:56:59.440 just DM me, okay? 999 00:56:59.440 --> 00:57:01.680 Peter, it was already asked in the chat too, 1000 00:57:01.680 --> 00:57:06.280 is the question is a 1B to a 1A, do you pay twice? 1001 00:57:07.720 --> 00:57:08.720 That's a good question. 1002 00:57:08.720 --> 00:57:12.440 All right, so if you file originally a 1B 1003 00:57:12.440 --> 00:57:14.160 and you want to change it into a 1A, 1004 00:57:14.160 --> 00:57:15.840 you have to file a petition 1005 00:57:15.840 --> 00:57:19.600 to change it from a 1B to a 1A, okay? 1006 00:57:19.600 --> 00:57:20.920 Do you pay twice or just- 1007 00:57:20.920 --> 00:57:24.240 No, no, so you pay for the petition. 1008 00:57:24.240 --> 00:57:28.120 There's a cost for changing it, there's a petition fee, 1009 00:57:28.120 --> 00:57:31.600 but it's not like a trademark application fee, all right? 1010 00:57:31.600 --> 00:57:36.360 So you'll pay the normal 275 or the 350 1011 00:57:36.360 --> 00:57:38.120 for the 1B application, 1012 00:57:38.120 --> 00:57:40.160 but then when you change it to a 1A, 1013 00:57:40.160 --> 00:57:43.500 you'll pay a petition fee to change it from a 1B to a 1A, 1014 00:57:44.380 --> 00:57:46.180 which I believe is less expensive 1015 00:57:46.180 --> 00:57:48.940 than if you file a brand new application. 1016 00:57:48.940 --> 00:57:50.380 But the most important thing being 1017 00:57:50.380 --> 00:57:52.820 that you actually have a filing date, right? 1018 00:57:52.820 --> 00:57:54.060 That's the most important thing 1019 00:57:54.060 --> 00:57:56.500 because if somebody else sees the name 1020 00:57:56.500 --> 00:57:57.940 or somebody else comes up with the name, 1021 00:57:57.940 --> 00:58:01.980 you filed it first, so you end up owning it, okay? 1022 00:58:01.980 --> 00:58:04.380 Those are really, guys, your questions are amazing. 1023 00:58:04.380 --> 00:58:06.140 Just to be clear, like you're not, 1024 00:58:07.340 --> 00:58:08.980 I'm not getting very basic questions. 1025 00:58:08.980 --> 00:58:11.060 You're asking questions for implementation, 1026 00:58:11.060 --> 00:58:13.020 so this is phenomenal. 1027 00:58:13.740 --> 00:58:14.860 I'm glad that you guys are here 1028 00:58:14.860 --> 00:58:17.340 and I hope this is helping you, I truly do, all right? 1029 00:58:17.340 --> 00:58:19.060 Because I want to see you succeed. 1030 00:58:19.060 --> 00:58:21.380 All right, so you guys have a wonderful evening. 1031 00:58:21.380 --> 00:58:23.260 Larissa, I'm going to leave you here. 1032 00:58:23.260 --> 00:58:24.340 I'm going to jump into other stuff 1033 00:58:24.340 --> 00:58:27.660 and then once this stuff is all done processing, 1034 00:58:27.660 --> 00:58:29.900 which is usually about 11 o'clock, 1035 00:58:29.900 --> 00:58:31.120 then I'll start doing the video editing, 1036 00:58:31.120 --> 00:58:33.240 so you guys will see videos after. 1037 00:58:33.240 --> 00:58:34.880 And then I'll post the challenge video 1038 00:58:34.880 --> 00:58:37.040 into the Facebook group as well, 1039 00:58:37.040 --> 00:58:38.880 so you guys will see that, all right? 1040 00:58:38.880 --> 00:58:39.900 All right, I'm jumping off. 1041 00:58:39.900 --> 00:58:41.940 You guys have a great night. 1042 00:58:41.940 --> 00:58:44.240 All right, Larissa, I'll leave you, take care.