WEBVTT

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Yeah, so VIPers, we kind of alluded to this at the end of the last thing, but we do want

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to help you protect you.

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So as we talk in generalities, but you ask your questions, please don't drop links or

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logos, pictures, or any specifics about your ideas, whether they are out there yet or not.

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Just how we protect each other, because you've got God ideas and inspirations that we want

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to make sure that are properly protected.

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So keep it in general.

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We'll get there.

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Yeah. And the other thing is, like we mentioned, we don't provide legal advice here.

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I know I joke around about that, but ethically, I'm not allowed to do that.

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And so when I'm speaking with you, I'm talking in scenario situations or if I'm talking

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about things usually in generalities and speaking about where the law is on certain

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things. Like if we're talking about, I'm going to start using a name here and you're

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going to start using a name there.

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OK, well, common law versus federal.

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But what we're not doing is saying my trademark is such and such.

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See here on this, we use this, this and this.

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Is that OK? I'll never answer that question because that's legal advice.

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If you're in that situation, by all means, you can talk to me separately.

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We can figure that out. But I'll never do that here because it'll hurt you because other

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people will figure out what's going on in your own businesses.

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And separate from that, it would end up being a situation where you don't have attorney

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client privilege because I'm not your attorney.

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And I'm not actually doing this to try to make everybody my client, although it tends

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to be a lot of people come on board, but that's just because, you know, they just want

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to do things like that. But the whole point of this being, I'm telling you scenarios,

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I'm giving you ideas of how things play out with the law so you can understand that.

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Then you can take those and go to your attorneys and confirm things.

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Right. Because what I find 90 percent of the time is that on these kind of these kind of

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reviews, you never hear the full story.

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Somebody tells you, like, the scenario is really 10 minutes long and they give you 20

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seconds and they say, what should I do?

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That's like that's what happens every time.

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It's like, hey, doc.

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Yeah, my elbow hurts.

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What should I do? Well, don't use it.

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Like, I mean, like, seriously.

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So it's going to be very often that I'm going to know what you're supposed to do, but we

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don't provide any legal advice here.

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We give guidance as to where the law is, though.

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And so you should be able to figure out your scenarios based on that.

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OK.

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All right, well, I'm going to give it 30 more seconds and I'm jumping in.

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Tani, I saw you on conference.

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It was so good. Did you have a great time out there in Dallas?

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I'm so glad you got to go.

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And for those of you who aren't affiliated or familiar with the 100X community, many

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are. So you're welcome to the Protect Your Idea Challenge family.

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Peter is a lawyer, a host like none other, a teacher who cares about you, a father, a

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brother. He mentioned being very protective earlier today.

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So there's nothing normal about the law that goes on here.

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It's it should be very fun, familiar.

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And we're here to put you at ease about what you're going to learn.

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This is like the best movie ever.

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I know you're getting all technical there, but man, this movie is good.

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All right, let's jump in.

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I want to talk about a few things and then towards the end, I'll answer a few questions

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as well. That protects IP globally.

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Actually, I'll jump into Jackie's question.

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OK, it's actually a really good question.

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Is there anything that protects your IP rights globally?

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So there's multiple areas of law that we're dealing with here, right?

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So there's patents, trademarks, copyrights.

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Right. And there's some crossover between trademarks and copyrights, which you'll learn

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as we get to copyrights.

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But in general, there's no such thing as a universal patent.

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There's no such thing as a universal trademark.

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You file one application, then you seek foreign filing under the Madrid protocol or you

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do like a CTM application.

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You'll learn more about this tomorrow.

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But you file this one foreign application to designate lots of countries.

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And then the results is that you then go into specific countries, but you don't have one

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application that's.

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everywhere. You can't just get one application that's literally

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in every single country. Larissa, I'm going to text

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something to you. Hold on one second, just so you can see. Let

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me just send you a message.

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Okay.

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It's gonna make you laugh, but I just had to send that to you.

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All right.

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Okay, I was intently typing. Okay, I can tell I can tell.

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All right. So

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you're gonna have this. I'll stick this in there. It's

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resting joy face. Resting joy face that we're all glad that we

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have.

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My gosh. All right. So on copyright, you would file

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copyright application in the United States, you can file

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copyright applications in foreign countries. And wherever

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you want to obtain rights under trademarks, you can do different

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things. You can do one trademark application in the United States

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for all of the United States. But then what you can do is you

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can do like I said, within six months, you can file a mature

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protocol application to designate lots of different

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countries, right and then go individually into specific

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countries or you can within those six months file in the

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countries that you want. So I file in the United States and

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then say, you know what, I need legal rights in Japan. So it's

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gonna have to turn into here gotta in Katakana. So everybody

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can understand it. And I also need rights in Canada. Well,

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then you can just file in Japan and in Canada. Now you're in VIP

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guys. First of all, congratulations, all you guys

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that took VIP because you guys are like implementing this stuff

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already and you're hungry and you have scenarios. So I just

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want to congratulate you guys for being here. I'm throwing in

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Ray, don't get upset with me is right here.

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What are you putting?

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What are you doing?

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Alright, so this is what we're gonna do.

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More work for me now, guys.

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No, no, no, it's no more. It's no work. All right. I want to

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give everybody in VIP the ebook. Okay. I like to give them the

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ebook. Okay. Okay. The seven IP issues. Okay, just give it to

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them as a gift. Okay. I know we charge separate for that. But

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just just give it to them. Okay.

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That's not so bad. I can deal with that.

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Yeah, that's an easy I told you it was an easy.

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Alright, so you guys are going to be receiving in in in by

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email, an ebook. It kind of breaks down this what I find are

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the seven biggest mistakes that entrepreneurs are making in IP.

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So it'll hit some trademark issues. I think it hits some

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copyright and patent issues too. But they're basically the seven

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biggest mistakes. So you should be able to look at now this

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again, this is for you. It's not for distribution. You don't give

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it to others. There's a gift to you just like the the bonus

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chart is a gift to you as well. Okay. Do you guys like that?

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That help you guys out? Good. Okay, cool. Awesome. All right.

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I'm gonna I'm gonna drop a link for him. Just let me go grab it

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and retrieve it. And I'll drop it here in the chat so that they

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can. Yeah, sure. Okay, so foreign rights. If you're

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trying to obtain rights in let's say Japan, you can file directly

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there. Canada, you can file directly there. How do you find

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the right foreign agent? Let's talk about that for a second.

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Okay. Please, please don't Google like trademark filing

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Mexico and then select whoever's running an ad. Please don't do

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that. There is so much corruption in foreign countries

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so much corruption. I don't want anybody getting in trouble here.

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On anybody like surrendering funds to entities that they've

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never heard of, you know, it's really important to use a

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reputable firm. So what you should do what I would advise

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that you do is find an attorney who is in the United States who

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has agents throughout the world, and then work through them. Okay,

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you don't know what you're doing. I don't care how smart

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you are. If you haven't filed in Malaysia, and you don't realize

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that in Malaysia and Indonesia, you really need to know the

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authorities on the ground. If you're going to enforce

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anything, then you shouldn't be filing there. You need to be

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speaking to an attorney who understands, like in my

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situation, I have agents literally in every country of

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the world. I don't care what country you have. I can send you

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an agent. All right. And on day four, you'll find something that

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allows you to take advantage of all that stuff. But the whole

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point of it being find an attorney who has a either a

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direct representative or an agent that is in the country

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that you want to file. Do not use Google. Don't use Bing.

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Don't use anything. Use your lawyer. Use a lawyer, okay? That's going to help you for

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multiple reasons. Number one, you're going to have somebody to hold accountable.

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Hey, Pete, I sent them $12,000. They didn't file anything. Who's this knucklehead you told me to

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send the money to, right? I mean, be nice if you had somebody, a contact point. Number two,

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that attorney is going to hold them accountable for you, all right? If I send Erica to my

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contacts in Canada and my Canadian agents are doing a poor job, I'm going to call them up and

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say, hey, I send you about 38 cases a year. Do you want that to stop? Like, literally,

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that's the way that we communicate. So, you know, somebody will be held accountable for you. So,

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just remember that. If you want to go into foreign rights, don't just explore on your own. It can be

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dangerous. It can be very dangerous because there's also exchange rates and all sorts of

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other things and fees that you really shouldn't be incurring that people just add for no reason.

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So, make sure that you're using somebody who's reputable that you can trust and then have them

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hold those people accountable for you, okay? That make sense? Go that route, all right? No 1-800

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foreign law here. I wouldn't do that. Okay. All right. That being said, let me go into common

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law one more time because this is a really, there's a tricky issue in trademark law.

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If you get, if you see a situation where somebody is using your trademark,

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okay, and you want to stop them, please don't send them a cease and desist letter without at

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least talking to an attorney first. Let me explain to you why. You get a federal registration,

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and now that you have a federal registration, you think, whoa, this is awesome. Like, I have

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legal rights. Like, I can stop anybody. So, like, I'm like bull. Like, you know, you're big and bold

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and you can knock everybody around, right? And so, you're all happy about it. You see ABC companies

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using the same name. You send them a cease and desist letter. They send you a response back,

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and a response back says, we've been using this name for 10 years prior to you.

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You actually owe us money. I've seen this happen a lot, guys, because people, what happens is when

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somebody gets a cease and desist letter, they hire a lawyer. If the lawyer knows what common

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law rights are, they'll check and find out that the company they're representing actually had

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certain legal rights before the other company, and then they'll countersuit, okay? I'm going

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to show you something called the Wayback Machine. Does anybody know what the Wayback Machine is?

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Have you guys heard of that? No? All right. Oh, Erica has. Okay.

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Let me show this to you. This is really cool. I like the Wayback Machine.

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All right. Let me open up the link.

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There it is. All right. I'm going to drop the link in the chat so you guys can explore

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with it yourself and have fun on your own. It costs you literally nothing to use this thing,

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literally nothing to use this thing, which is awesome.

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Here's the link. Okay. So you can use that. And then I'm going to open it up.

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Okay. And I'm going to share my screen. Share screen. There you go. Let's make sure it opens

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first. All right. This is the Wayback Machine, originally created by MIT. It's pretty impressive.

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803 billion web pages saved over time. What you can do is you can type in the domain name

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for something, whatever it is, and you can see different versions of that website, okay?

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So if somebody give me a domain name that you want to check out,

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like somebody's business or a public one, whatever you want, just give me a domain name.

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You can unmute. Somebody wrote dominoes.

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Dominoes. Dominoes. Dominoes is making me hungry. Somebody's hungry over here. All right. Let's see.

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Let's check out dominoes. Dominoes.com. Okay. Oh, my gosh. Wow. Okay. Dominoes has been around

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for a while.

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Well, apparently in 1996,

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that's when they started having an Internet presence.

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Look at all these different versions of their website.

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Oh my gosh, there's a lot of them.

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Let's say I wanted to see what dominoes look like in 1998.

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Is that when I graduated? No, I graduated in 95.

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98 was law school.

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Let's look at February 4th.

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Let's see if they actually have it. That'd be impressive.

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What is this? I don't think this is the original.

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Oh, it is. Look at that.

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Dominoes is down there.

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It's the Sphinx and pyramids.

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Look at this. Did you ever

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notice how pyramids are shaped like pizza slices?

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Maybe the pharaohs were signaling to

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the gods for ultimate deep dish.

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That was their media campaign back then.

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In 1995, Domino's Pizza built a store in Madi,

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Egypt, a residential area outskirts of Cairo.

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Basically, this is what the Domino's website looked like in 1998.

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That's pretty impressive. Why am I showing you this site?

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Let me tell you why I'm showing you this.

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If there is a competitor out there,

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let me stop the share for a second.

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If there's a competitor out there,

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00:16:37.640 --> 00:16:41.200
and you're trying to determine when they started using their trademark,

227
00:16:41.200 --> 00:16:44.400
you can actually look at their website and then

228
00:16:44.400 --> 00:16:47.640
look back at different versions of their website,

229
00:16:47.640 --> 00:16:51.400
to try to get a decent idea of when the trademark first came out.

230
00:16:51.400 --> 00:16:58.480
Especially if they typically use that trademark on their website.

231
00:16:58.480 --> 00:17:04.160
Does that make sense? Dr. Coilette says,

232
00:17:04.160 --> 00:17:06.240
she comes out with this really cool name.

233
00:17:06.240 --> 00:17:14.200
It's PYMIR, P-Y-M-I-R, PYMIR.

234
00:17:16.920 --> 00:17:21.359
She has the name and she sees this other party who's using it,

235
00:17:21.359 --> 00:17:22.839
and she says, man,

236
00:17:22.839 --> 00:17:24.760
I'm going to send a cease and desist letter to her.

237
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But then she goes, oh man,

238
00:17:25.880 --> 00:17:27.520
I was in the Protect Your Idea Challenge.

239
00:17:27.520 --> 00:17:30.360
I better watch my back before I go firing at somebody,

240
00:17:30.360 --> 00:17:33.960
because I can shoot at somebody with a .22 and get hit with a nuclear bomb.

241
00:17:33.960 --> 00:17:35.800
That's a bad idea.

242
00:17:36.680 --> 00:17:39.640
She goes and she says, let me look in the way back machine.

243
00:17:39.640 --> 00:17:43.280
She looks in and she finds out that that company had been

244
00:17:43.280 --> 00:17:47.440
using that name five years before she started using it.

245
00:17:47.440 --> 00:17:50.520
She just saved herself a lawsuit.

246
00:17:50.520 --> 00:17:55.040
Do you see what I'm saying? It's really important to do your homework

247
00:17:55.040 --> 00:18:00.920
before you go out there ruffling feathers and trying to cause a war.

248
00:18:01.120 --> 00:18:04.840
Bad idea to just go out there and cause a war.

249
00:18:04.840 --> 00:18:06.800
I would do your homework.

250
00:18:06.800 --> 00:18:09.680
The way back machine is phenomenal for that.

251
00:18:09.680 --> 00:18:15.640
You can learn a lot about a company checking out their prior web pages.

252
00:18:16.640 --> 00:18:20.840
So I want to drop that tool out there so you can learn about that.

253
00:18:20.840 --> 00:18:26.800
Secondarily, if you do send a cease and desist letter out to somebody,

254
00:18:26.800 --> 00:18:33.160
remember this, if they believe there's an imminent threat that they're going to be sued,

255
00:18:33.160 --> 00:18:37.120
they can counter sue you and throw you in court.

256
00:18:39.600 --> 00:18:43.000
It's called a DJ action.

257
00:18:43.200 --> 00:18:47.120
So if you believe that somebody is infringing, make sure you talk to a lawyer,

258
00:18:47.120 --> 00:18:50.000
make sure they send out a soft letter, not a letter that says,

259
00:18:50.000 --> 00:18:52.160
if you don't stop, I'm going to sue you.

260
00:18:52.160 --> 00:18:55.920
If you're going to send that kind of letter and the other party truly believes

261
00:18:55.920 --> 00:19:01.640
that they don't infringe, they can file against you a declaratory judgment action.

262
00:19:01.640 --> 00:19:08.240
It's called a DJ action and they can pull you into court in their location.

263
00:19:08.240 --> 00:19:11.240
I did this to a Taiwanese corporation.

264
00:19:11.320 --> 00:19:16.480
One of my clients was about a midsize company and there was this large Taiwanese corporation

265
00:19:16.480 --> 00:19:18.360
that was making the same product.

266
00:19:18.360 --> 00:19:21.720
Large Taiwanese corporation sends out a cease and desist letter,

267
00:19:21.720 --> 00:19:25.960
aggressive one, claiming patent infringement to my client.

268
00:19:25.960 --> 00:19:27.920
My client reaches out to me.

269
00:19:27.920 --> 00:19:32.960
I said, isn't this the company that you've been saying sooner or later you're going to end

270
00:19:32.960 --> 00:19:34.520
up in a lawsuit with them?

271
00:19:34.520 --> 00:19:36.760
And he said, yep, absolutely.

272
00:19:36.760 --> 00:19:41.920
I said, how would you feel if I made the president

273
00:19:41.920 --> 00:19:48.400
of the Taiwanese corporation show up in New Hampshire in February?

274
00:19:48.400 --> 00:19:50.040
He says, oh, that would be awesome.

275
00:19:50.040 --> 00:19:51.280
That would be incredible.

276
00:19:51.280 --> 00:19:52.560
I said, all right.

277
00:19:52.560 --> 00:19:53.840
I said, this is what we're going to do.

278
00:19:53.840 --> 00:19:56.080
We got a vicious cease and desist letter.

279
00:19:56.080 --> 00:20:00.040
I filed a DJ action against them claiming that we don't infringe.

280
00:20:00.000 --> 00:20:04.480
and we filed a countersuit against them with three patents.

281
00:20:04.480 --> 00:20:07.080
They ended up having to come to New Hampshire,

282
00:20:07.080 --> 00:20:10.360
made their lives miserable, all right,

283
00:20:10.360 --> 00:20:12.800
to the point where they settled, okay?

284
00:20:12.800 --> 00:20:14.680
So my whole point of this is,

285
00:20:14.680 --> 00:20:17.600
if you believe somebody is infringing, do your homework,

286
00:20:17.600 --> 00:20:19.120
check out the Wayback Machine,

287
00:20:19.120 --> 00:20:22.360
see if they truly are using your trademark or not.

288
00:20:22.360 --> 00:20:26.100
If they are, then obviously go and talk to an attorney.

289
00:20:26.100 --> 00:20:28.120
Any questions on that, the Wayback Machine

290
00:20:28.120 --> 00:20:30.080
and how to use that?

291
00:20:30.080 --> 00:20:31.480
Because for trademarks,

292
00:20:31.480 --> 00:20:34.740
it always comes down to who used it first, right?

293
00:20:35.760 --> 00:20:37.040
If somebody used it first,

294
00:20:37.040 --> 00:20:39.840
they get to keep that specific geographical region.

295
00:20:39.840 --> 00:20:42.200
Even if you get a federal registration, you can't stop them.

296
00:20:42.200 --> 00:20:45.100
They can't expand, but you can't stop them.

297
00:20:47.440 --> 00:20:50.680
All right, let me walk into,

298
00:20:50.680 --> 00:20:52.000
I'm gonna talk a little bit about

299
00:20:52.000 --> 00:20:53.520
something that I'm gonna preview tomorrow,

300
00:20:53.520 --> 00:20:56.840
but I wanna spend some time with you guys on this

301
00:20:56.840 --> 00:20:58.880
because a lot of people do this wrong.

302
00:20:58.880 --> 00:21:03.360
The Circle R and the TM, a lot of people do this wrong.

303
00:21:03.360 --> 00:21:05.440
If you do not have a federal registration

304
00:21:05.440 --> 00:21:07.520
and you're using the Circle R,

305
00:21:07.520 --> 00:21:10.960
you can be sued for tortious interference

306
00:21:10.960 --> 00:21:13.560
with business practice, an unfair business practice.

307
00:21:15.080 --> 00:21:16.280
It's illegal.

308
00:21:17.660 --> 00:21:20.480
It is against the law to use a Circle R

309
00:21:20.480 --> 00:21:22.520
if you don't have a federal registration.

310
00:21:23.440 --> 00:21:26.080
What you should be using instead is the TM.

311
00:21:27.480 --> 00:21:28.320
Okay?

312
00:21:28.320 --> 00:21:33.220
Until you get a federal registration, you use TM.

313
00:21:35.120 --> 00:21:37.480
Now, the pathway of filing an application,

314
00:21:37.480 --> 00:21:39.440
let me talk to you about how it works.

315
00:21:39.440 --> 00:21:43.700
You file your application, you get a serial number,

316
00:21:43.700 --> 00:21:46.000
you wait for examination.

317
00:21:46.000 --> 00:21:49.360
If your case is allowed, then what's gonna happen

318
00:21:49.360 --> 00:21:52.560
is your case is gonna be published for 30 days.

319
00:21:53.560 --> 00:21:56.840
After it's published, you'll get a registration.

320
00:21:58.120 --> 00:22:00.880
That's the pathway for getting your trademark

321
00:22:00.880 --> 00:22:01.840
to registration, okay?

322
00:22:01.840 --> 00:22:03.720
It usually takes nine months to a year

323
00:22:03.720 --> 00:22:05.800
to go up that path in the United States.

324
00:22:05.800 --> 00:22:07.160
Canada, three months.

325
00:22:08.320 --> 00:22:10.620
Okay, that's the general process.

326
00:22:10.620 --> 00:22:13.600
Now, in between there, if your case is not disallowed,

327
00:22:13.600 --> 00:22:15.120
you might get a rejection.

328
00:22:15.120 --> 00:22:19.560
That's called an office action, okay?

329
00:22:19.560 --> 00:22:21.280
Get familiar with that because all of you

330
00:22:21.280 --> 00:22:23.400
that file trademark applications,

331
00:22:23.400 --> 00:22:25.240
there is a decent chance that you're gonna get

332
00:22:25.240 --> 00:22:27.820
an office action, okay?

333
00:22:30.360 --> 00:22:33.020
So don't panic.

334
00:22:33.020 --> 00:22:35.040
Basically, it's a rejection by the Patent

335
00:22:35.040 --> 00:22:37.440
and Trademark Office saying that your case

336
00:22:37.440 --> 00:22:39.640
should not be registered because of one

337
00:22:39.640 --> 00:22:41.340
of a few different things.

338
00:22:41.340 --> 00:22:44.640
Either one, it's too similar to another trademark

339
00:22:44.640 --> 00:22:46.580
and likely to confuse the public.

340
00:22:47.420 --> 00:22:51.820
Number two, it's just descriptive of the goods or services.

341
00:22:52.700 --> 00:22:54.820
Or it could be something else like they just want you

342
00:22:54.820 --> 00:22:57.940
to modify your goods or services, okay?

343
00:22:57.940 --> 00:22:59.180
Now, tomorrow, we're gonna talk,

344
00:22:59.180 --> 00:23:01.860
you guys in VIP tomorrow are gonna see

345
00:23:01.860 --> 00:23:04.500
the filing of a trademark application beginning to end.

346
00:23:04.500 --> 00:23:06.220
I'm gonna walk you through it so you understand

347
00:23:06.220 --> 00:23:08.380
every single part of the application.

348
00:23:08.380 --> 00:23:10.780
And then I'll actually open it up for questions

349
00:23:10.780 --> 00:23:12.500
so you can ask, what's this?

350
00:23:12.500 --> 00:23:13.340
What's that?

351
00:23:13.340 --> 00:23:14.160
What do I do with this?

352
00:23:14.160 --> 00:23:15.240
I don't understand what that is.

353
00:23:15.280 --> 00:23:18.120
We're gonna take plenty of time to walk through it, okay?

354
00:23:18.120 --> 00:23:19.880
So we'll do all that tomorrow.

355
00:23:19.880 --> 00:23:23.240
But what I want you to understand is that these,

356
00:23:23.240 --> 00:23:26.520
the trademark applications, again, nine months to a year,

357
00:23:26.520 --> 00:23:27.720
it gets published.

358
00:23:27.720 --> 00:23:29.860
If it's rejected, you get an office action.

359
00:23:29.860 --> 00:23:31.960
That's where you need a lawyer usually.

360
00:23:31.960 --> 00:23:35.360
Now, something that most people don't know,

361
00:23:35.360 --> 00:23:37.200
you can call the examiner.

362
00:23:38.280 --> 00:23:40.600
Most people don't know this.

363
00:23:40.600 --> 00:23:43.720
You don't have to respond in writing all the time.

364
00:23:43.720 --> 00:23:44.640
If it's something simple,

365
00:23:44.640 --> 00:23:45.840
you might wanna pick up the phone,

366
00:23:45.840 --> 00:23:46.800
call the examiner and say,

367
00:23:46.800 --> 00:23:50.060
hey, I agree with your suggestions.

368
00:23:50.060 --> 00:23:52.060
Can you just do an examiner's amendment?

369
00:23:53.940 --> 00:23:58.040
I probably just saved you about 600 to $1,000

370
00:23:59.000 --> 00:24:00.060
just by saying that.

371
00:24:01.240 --> 00:24:02.400
Because instead of getting a lawyer

372
00:24:02.400 --> 00:24:04.280
to write everything out in writing,

373
00:24:04.280 --> 00:24:06.040
you might be able to just call the examiner and say,

374
00:24:06.040 --> 00:24:07.960
you know, everything that you suggested, I agree with.

375
00:24:07.960 --> 00:24:10.280
Can you just do it by examiner amendment?

376
00:24:10.280 --> 00:24:12.280
And if they say yes, you're done.

377
00:24:14.440 --> 00:24:16.640
Like, you're done.

378
00:24:16.640 --> 00:24:19.520
I mean, that's how, sometimes it can be that simple.

379
00:24:19.520 --> 00:24:22.680
So you can call examiners, okay?

380
00:24:22.680 --> 00:24:25.800
The examiner is the person who's responsible

381
00:24:25.800 --> 00:24:27.400
for reviewing your application.

382
00:24:31.440 --> 00:24:33.080
I wouldn't get in the habit of calling them over

383
00:24:33.080 --> 00:24:33.920
with just anything though.

384
00:24:33.920 --> 00:24:35.160
I'd be ready.

385
00:24:35.160 --> 00:24:38.280
Because these are people that do this for a living, okay?

386
00:24:38.280 --> 00:24:39.240
Any questions on that?

387
00:24:39.240 --> 00:24:41.940
Any questions on the procedure at the patent office?

388
00:24:42.940 --> 00:24:45.740
I'm happy to answer if you guys have a question on that.

389
00:24:50.420 --> 00:24:52.300
Shawn, do you have a question?

390
00:24:52.300 --> 00:24:56.940
Just that I still don't understand when you can use the TM.

391
00:24:56.940 --> 00:24:59.940
Is it just when you start, like, I have a number of models.

392
00:25:00.000 --> 00:25:10.000
Do I start using TM when I'm just intending to one of these days trademark it or when I have already applied?

393
00:25:10.000 --> 00:25:12.000
At one point, you said 30 days.

394
00:25:12.000 --> 00:25:22.000
I've done this enough to know what an office action is and stuff like that, but I didn't know what you meant by published and by 30 days versus can I just do it as an intent.

395
00:25:22.000 --> 00:25:23.000
Okay.

396
00:25:23.000 --> 00:25:24.000
Yeah, you mixed.

397
00:25:24.000 --> 00:25:26.000
There's like five different things that you mixed into that.

398
00:25:26.000 --> 00:25:29.000
So let me break it down piece by piece.

399
00:25:29.000 --> 00:25:35.000
So first of all, circle are you use when you get a federal registration?

400
00:25:35.000 --> 00:25:37.000
Not before TM.

401
00:25:37.000 --> 00:25:44.000
You can use the second that you start using the trademark in interstate commerce or within your state.

402
00:25:44.000 --> 00:25:45.000
Second, you start using it.

403
00:25:45.000 --> 00:25:47.000
You slap a TM on it.

404
00:25:47.000 --> 00:25:50.000
Moment that you start using it.

405
00:25:50.000 --> 00:25:56.000
If you're using an interstate commerce like across state lines or even within state lines, but it's put a TM on it.

406
00:25:56.000 --> 00:25:58.000
Right.

407
00:25:58.000 --> 00:25:59.000
It's funny.

408
00:25:59.000 --> 00:26:00.000
I just heard a song.

409
00:26:00.000 --> 00:26:02.000
If you like it, then you better put a TM on it.

410
00:26:02.000 --> 00:26:03.000
So yeah.

411
00:26:03.000 --> 00:26:06.000
So just put your TM on it.

412
00:26:06.000 --> 00:26:08.000
Oh, all right.

413
00:26:08.000 --> 00:26:09.000
So that's the first thing.

414
00:26:09.000 --> 00:26:11.000
Circle are versus TM.

415
00:26:11.000 --> 00:26:12.000
Okay.

416
00:26:12.000 --> 00:26:14.000
Separate from that.

417
00:26:14.000 --> 00:26:16.000
Going on the blooper reel.

418
00:26:16.000 --> 00:26:17.000
I know.

419
00:26:17.000 --> 00:26:23.000
You know, I just thought that I just got lots of jokes.

420
00:26:23.000 --> 00:26:25.000
No joke.

421
00:26:25.000 --> 00:26:26.000
No joke.

422
00:26:26.000 --> 00:26:27.000
She's going to go a blooper reel.

423
00:26:27.000 --> 00:26:29.000
I know it's coming.

424
00:26:29.000 --> 00:26:30.000
All right.

425
00:26:30.000 --> 00:26:31.000
So that's part one.

426
00:26:31.000 --> 00:26:32.000
Circle are versus TM.

427
00:26:32.000 --> 00:26:34.000
Separate from that, the 30 days.

428
00:26:34.000 --> 00:26:38.000
Let me explain that in a little more detail so people understand.

429
00:26:38.000 --> 00:26:41.000
You file your application.

430
00:26:41.000 --> 00:26:43.000
It gets examined.

431
00:26:43.000 --> 00:26:48.000
You're either going to get an office action saying that it's rejected for one reason or another, or you're not.

432
00:26:48.000 --> 00:26:55.000
If you don't get one, it gets what's called allowed, but it needs to get published.

433
00:26:55.000 --> 00:27:10.000
What publishing is, is that the United States Patent and Trademark Office wants to make the public aware of this new trademark before they allow it to be federally registered.

434
00:27:10.000 --> 00:27:12.000
I'm going to do this.

435
00:27:12.000 --> 00:27:14.000
I'm going to throw out an extra gift here.

436
00:27:14.000 --> 00:27:22.000
If anybody can tell me why they do this, I'm going to give you a $50 Amazon gift card right now.

437
00:27:22.000 --> 00:27:36.000
If anybody can tell me, tell us why the United States Patent and Trademark Office would allow publication of an application before registration.

438
00:27:36.000 --> 00:27:45.000
So that they don't have conflicts when somebody has already applied first.

439
00:27:46.000 --> 00:27:47.000
Close.

440
00:27:47.000 --> 00:27:49.000
Let's see if anybody else has anything.

441
00:27:49.000 --> 00:27:53.000
To put the public on notice in case someone has a case against it?

442
00:27:53.000 --> 00:27:54.000
There it is.

443
00:27:54.000 --> 00:27:55.000
That's it.

444
00:27:55.000 --> 00:27:56.000
Yeah.

445
00:27:56.000 --> 00:27:57.000
Yeah.

446
00:27:57.000 --> 00:28:00.000
So it's, that's, all right, so think of it this way.

447
00:28:00.000 --> 00:28:03.000
It's not just that somebody filed before.

448
00:28:03.000 --> 00:28:05.000
It's not just that somebody filed before.

449
00:28:05.000 --> 00:28:07.000
It's even if people didn't file.

450
00:28:07.000 --> 00:28:08.000
Right?

451
00:28:08.000 --> 00:28:09.000
It's anybody.

452
00:28:09.000 --> 00:28:11.000
Anybody who has a potential conflict.

453
00:28:11.000 --> 00:28:15.000
So let's say that I file for 10X.

454
00:28:15.000 --> 00:28:16.000
Right?

455
00:28:16.000 --> 00:28:18.000
That's owned by Grant Cardone.

456
00:28:18.000 --> 00:28:20.000
Okay.

457
00:28:20.000 --> 00:28:24.000
Grant gets to this point where the trademark is about to register.

458
00:28:24.000 --> 00:28:27.000
And so he publishes it.

459
00:28:27.000 --> 00:28:30.000
And there's like some, there's some company out there, 10X.

460
00:28:30.000 --> 00:28:33.000
And they're doing like marketing and sales and stuff like that.

461
00:28:33.000 --> 00:28:36.000
They've been doing it for the last 20 years.

462
00:28:36.000 --> 00:28:38.000
But they don't have a federal registration.

463
00:28:38.000 --> 00:28:41.000
They, because it's been published,

464
00:28:41.000 --> 00:28:47.000
they can now oppose that trademark and prevent it from being federally

465
00:28:47.000 --> 00:28:50.000
registered because they have certain legal rights.

466
00:28:50.000 --> 00:28:51.000
Now I've done this.

467
00:28:51.000 --> 00:28:52.000
It's called a trademark opposition.

468
00:28:52.000 --> 00:28:54.000
Okay.

469
00:28:54.000 --> 00:28:57.000
That, so it's, it's not just like somebody filed earlier,

470
00:28:57.000 --> 00:28:58.000
or there's a registration.

471
00:28:58.000 --> 00:29:03.000
It's like anybody who believes that they have any potential legal rights

472
00:29:03.000 --> 00:29:07.000
can come up against you right in that 30-day window.

473
00:29:07.000 --> 00:29:08.000
It's a short window.

474
00:29:08.000 --> 00:29:12.000
So here's my advice for you.

475
00:29:12.000 --> 00:29:19.000
This is not legal advice, but it's advice anyway.

476
00:29:19.000 --> 00:29:26.000
When your application has been allowed, calm down.

477
00:29:26.000 --> 00:29:29.000
What I mean by that is don't go on Facebook and say,

478
00:29:29.000 --> 00:29:31.000
my application was allowed.

479
00:29:31.000 --> 00:29:32.000
This is great.

480
00:29:32.000 --> 00:29:33.000
I'm so excited.

481
00:29:33.000 --> 00:29:34.000
Oh my gosh.

482
00:29:34.000 --> 00:29:36.000
The name of my company, it's getting registered.

483
00:29:37.000 --> 00:29:38.000
Like no.

484
00:29:38.000 --> 00:29:39.000
All right, Ray.

485
00:29:39.000 --> 00:29:40.000
Yes, I know blooper reel.

486
00:29:40.000 --> 00:29:41.000
I know I saw you smile.

487
00:29:41.000 --> 00:29:42.000
I got it.

488
00:29:42.000 --> 00:29:43.000
All right.

489
00:29:43.000 --> 00:29:46.000
So no, don't do that.

490
00:29:46.000 --> 00:29:50.000
Wait until it gets federally registered.

491
00:29:50.000 --> 00:29:52.000
Wait until the 30 days have passed.

492
00:29:52.000 --> 00:29:54.000
Now that the 30 days have passed,

493
00:29:54.000 --> 00:29:59.000
you can do all your exciting things and like Facebook and Instagram and

494
00:29:59.000 --> 00:30:00.000
whatever.

495
00:30:00.000 --> 00:30:04.680
ever, because the window is closed. Nobody can oppose you

496
00:30:04.680 --> 00:30:07.680
now. Now for them to stop you from a registration, they would

497
00:30:07.680 --> 00:30:12.880
have to sue you. That costs exponentially more. Okay.

498
00:30:13.280 --> 00:30:16.840
But you're not technically registered yet. Right? I mean,

499
00:30:16.840 --> 00:30:19.640
when I did it, it did take about nine months.

500
00:30:20.440 --> 00:30:24.240
You're registered after the opposition is over. There's a

501
00:30:24.280 --> 00:30:28.160
30 day period and then the USPTO will send you a registration

502
00:30:28.160 --> 00:30:32.480
number after that's over. So it takes it takes a few days, and

503
00:30:32.480 --> 00:30:32.880
then you'll get

504
00:30:32.880 --> 00:30:35.400
but there was like a long waiting period. There was like

505
00:30:35.400 --> 00:30:38.560
six months where a lawyer went and looked at my website, and

506
00:30:38.560 --> 00:30:42.200
then they gave us an office action and stuff like that. It

507
00:30:42.200 --> 00:30:44.120
was a lot more than 30 days.

508
00:30:44.280 --> 00:30:46.800
Yeah, I'm talking about remember, remember what I just

509
00:30:46.800 --> 00:30:50.600
said. So I said, you file an application, you get an office

510
00:30:50.600 --> 00:30:55.280
action, that's settled, the case is allowed. Now you have the 30

511
00:30:55.280 --> 00:30:58.280
days. I'm not talking about the office action. I'm not talking

512
00:30:58.280 --> 00:30:59.920
about prosecution. I'm not talking about

513
00:30:59.920 --> 00:31:04.520
I'm talking about what what is it then you don't get to use the

514
00:31:04.560 --> 00:31:07.880
R after that point, right? Because you haven't officially

515
00:31:07.880 --> 00:31:10.760
been. They haven't done all their research.

516
00:31:11.880 --> 00:31:16.440
You can only use a circle R after you get a federal

517
00:31:16.440 --> 00:31:21.840
registration. Not before. You only get a registration after

518
00:31:21.840 --> 00:31:24.920
you get a certificate that says you have a federal

519
00:31:24.920 --> 00:31:26.400
registration, not before,

520
00:31:26.960 --> 00:31:30.800
which is after that 30 days or after they do their big long

521
00:31:30.800 --> 00:31:32.200
research thing after

522
00:31:32.440 --> 00:31:34.920
well, that big long research that you're talking about.

523
00:31:35.120 --> 00:31:38.880
That's called prosecution. Okay, that's that battle that's going

524
00:31:38.880 --> 00:31:41.800
on with the attorney and with the United States Patent and

525
00:31:41.800 --> 00:31:44.880
Trademark Office. So what happens is you get an office

526
00:31:44.880 --> 00:31:49.080
action. United States Patent and Trademark Office says, I really

527
00:31:49.080 --> 00:31:53.000
like you, Sean, I really want this to issue. But there's this

528
00:31:53.000 --> 00:31:55.480
other trademark out there that's kind of similar to you.

529
00:31:55.480 --> 00:31:57.720
And I think there's a likelihood of confusion. So here's a

530
00:31:57.720 --> 00:32:00.920
rejection. Now your lawyers going back and forth and

531
00:32:00.920 --> 00:32:04.840
arguing. No, it really should be allowed. It's not confusing. And

532
00:32:04.840 --> 00:32:07.160
the patent office Patent Trademark Office is saying no,

533
00:32:07.160 --> 00:32:10.800
it is confusing. So that back and forth there. That's called

534
00:32:10.800 --> 00:32:15.160
prosecution. Okay, you can't use a circle R yet. When the

535
00:32:15.160 --> 00:32:20.240
prosecution is over and your case is allowed. Now the 30 days

536
00:32:20.240 --> 00:32:25.480
starts after the allowance. So once you're allowed, so you

537
00:32:25.480 --> 00:32:28.560
hopefully your attorney wins, right? When your attorney wins,

538
00:32:29.280 --> 00:32:33.520
we just applied ourselves and it took over six months to get an

539
00:32:33.520 --> 00:32:37.760
office action. So you're saying, well, you're saying six months

540
00:32:37.760 --> 00:32:40.840
to get an office action. So that's, you're waiting to get an

541
00:32:40.840 --> 00:32:44.200
office action. And then you finally got your office action.

542
00:32:44.200 --> 00:32:47.280
So now the legal arguments happen, the back and forth.

543
00:32:48.280 --> 00:32:51.440
And so maybe there never was that 30 day.

544
00:32:52.080 --> 00:32:55.960
30 days is after it's allowed. You don't get your case does not

545
00:32:55.960 --> 00:32:59.360
get allowed until after you win the battle with the Patent and

546
00:32:59.360 --> 00:33:03.920
Trademark Office. So 30 days does not happen until the case

547
00:33:03.920 --> 00:33:09.400
is allowed. So application. So application here, right? Waiting,

548
00:33:09.400 --> 00:33:13.480
waiting, waiting, waiting, office action, battle with the

549
00:33:13.640 --> 00:33:18.600
USPTO. So the your your attorney battling with the examiner, you

550
00:33:18.600 --> 00:33:21.440
know, I should get the case allowed. No, you shouldn't.

551
00:33:22.560 --> 00:33:26.600
You're ugly. Oh, no, I'm not, you know, finally, the case gets

552
00:33:26.600 --> 00:33:32.040
allowed. Once it's allowed. Now the 30 day period opens. So

553
00:33:32.040 --> 00:33:35.880
that's called opposition. Now for 30 days, anybody could

554
00:33:35.880 --> 00:33:39.640
oppose it. But if you get past those 30 days, now you get

555
00:33:39.640 --> 00:33:42.800
registration. When you get the registration, that's when you

556
00:33:42.800 --> 00:33:46.640
use the Circle R. Before then, even at the point of filing the

557
00:33:46.640 --> 00:33:50.760
application, you can use a TM right at the beginning. So

558
00:33:50.760 --> 00:33:51.640
always use a TM.

559
00:33:52.320 --> 00:33:57.080
You can use a TM even if you haven't filed yet. Just right

560
00:33:57.080 --> 00:33:58.160
from the start. Okay.

561
00:33:58.160 --> 00:34:01.520
Yep. Yeah, as long as you're using it in interstate commerce

562
00:34:01.560 --> 00:34:05.440
or in intrastate commerce, as long as you're using it, right,

563
00:34:05.440 --> 00:34:09.679
you have to be using it to use a TM. Because the TM is telling

564
00:34:09.679 --> 00:34:12.800
the public that you believe you have certain legal rights to

565
00:34:12.800 --> 00:34:15.520
your trademark. Well, if you're not using it as a trademark,

566
00:34:15.520 --> 00:34:17.960
then how could you have legal rights, right? You have to be

567
00:34:17.960 --> 00:34:18.480
using it.

568
00:34:19.159 --> 00:34:22.719
Thank you. And that wasn't my main question or hot seat thing.

569
00:34:22.719 --> 00:34:26.480
That was just you when you said a clarification about R versus

570
00:34:26.480 --> 00:34:28.000
TM. Thank you.

571
00:34:28.040 --> 00:34:33.440
Let me move on. So, um, let's see. There we go. Did that help

572
00:34:33.440 --> 00:34:36.400
you guys to understand the process and all? Okay. The

573
00:34:36.400 --> 00:34:38.400
reason why I want you to understand the process because I

574
00:34:38.400 --> 00:34:43.199
don't want you to get scared or freaked out. When you're going

575
00:34:43.199 --> 00:34:45.040
through this back and forth with the United States Patent

576
00:34:45.040 --> 00:34:51.199
Trademark Office. It's not it shouldn't be scary. trademarks

577
00:34:51.199 --> 00:34:54.800
are not remarkably difficult. patents tend to be more

578
00:34:54.800 --> 00:34:58.760
difficult. But trademarks don't tend to be remarkably difficult.

579
00:34:58.800 --> 00:34:59.920
Now, what

580
00:35:00.000 --> 00:35:03.760
been sometimes, and my really close and incredible friend

581
00:35:03.760 --> 00:35:08.840
Marcelo is here, so I'm sure he has some level of knowledge

582
00:35:08.840 --> 00:35:15.160
in this area, is that you can get overly ambitious lawyers.

583
00:35:15.160 --> 00:35:17.880
So let me explain this to you.

584
00:35:17.880 --> 00:35:19.600
When you file an application, what

585
00:35:19.600 --> 00:35:21.060
you're going to see tomorrow is I'm

586
00:35:21.060 --> 00:35:24.760
going to show you how to determine your description

587
00:35:24.760 --> 00:35:27.680
of goods and services.

588
00:35:27.680 --> 00:35:32.240
What should be in that list of your goods or your services?

589
00:35:32.240 --> 00:35:35.120
What sometimes happens, it happens a lot

590
00:35:35.120 --> 00:35:38.280
in foreign countries, sometimes it happens in the United States,

591
00:35:38.280 --> 00:35:41.000
is that an attorney will file for everything

592
00:35:41.000 --> 00:35:43.960
in an international class.

593
00:35:43.960 --> 00:35:46.400
Don't do that.

594
00:35:46.400 --> 00:35:48.200
Don't do that, all right?

595
00:35:48.200 --> 00:35:51.600
Tomorrow I'm going to teach you what an international class is.

596
00:35:51.600 --> 00:35:53.560
Every trademark application falls

597
00:35:53.560 --> 00:35:56.320
under what's called an international class.

598
00:35:56.320 --> 00:35:59.720
So it could be class 41, which is for teaching,

599
00:35:59.720 --> 00:36:02.960
class 9, which is electrical devices.

600
00:36:02.960 --> 00:36:06.240
There's a different class number for a different thing,

601
00:36:06.240 --> 00:36:08.640
for a different good or service, OK?

602
00:36:08.640 --> 00:36:10.640
What you don't want to do is file for everything

603
00:36:10.640 --> 00:36:11.440
within the class.

604
00:36:11.440 --> 00:36:16.080
Only file for what you're using a trademark on, that's it.

605
00:36:16.080 --> 00:36:21.320
So if I'm selling sneakers, I file for sneakers, right?

606
00:36:21.360 --> 00:36:28.040
I don't file for tap dancing shoes, ballerina shoes,

607
00:36:28.040 --> 00:36:31.320
bowling shoes, and golf shoes.

608
00:36:31.320 --> 00:36:33.520
Like, I file for sneakers.

609
00:36:33.520 --> 00:36:36.440
Because if I file for all those other things,

610
00:36:36.440 --> 00:36:39.640
before I get a registration allowed,

611
00:36:39.640 --> 00:36:43.960
I have to prove that I'm using it for all those things.

612
00:36:43.960 --> 00:36:46.800
So by filing for all sorts of things,

613
00:36:46.800 --> 00:36:49.000
you may be thinking, man, you know what?

614
00:36:49.000 --> 00:36:50.760
I got all this class.

615
00:36:50.760 --> 00:36:52.040
This is so good.

616
00:36:52.040 --> 00:36:54.320
Nobody's going to be able to do anything in this area

617
00:36:54.320 --> 00:36:55.680
because I grabbed everything.

618
00:36:55.680 --> 00:36:57.520
Well, if you're not using it for everything,

619
00:36:57.520 --> 00:36:59.840
you're never going to get a registration.

620
00:36:59.840 --> 00:37:01.960
You're going to have to cancel all of those things

621
00:37:01.960 --> 00:37:05.320
that you're not using it for, OK?

622
00:37:05.320 --> 00:37:07.560
So like I said, in VIP, we go deep.

623
00:37:07.560 --> 00:37:08.960
Like, I'm giving you a lot of hints

624
00:37:08.960 --> 00:37:10.600
to how to write your applications

625
00:37:10.600 --> 00:37:13.920
and how to argue with the patent and trademark office

626
00:37:13.920 --> 00:37:18.640
and what examiners do and the time periods and the costs,

627
00:37:18.680 --> 00:37:19.720
all these things.

628
00:37:21.600 --> 00:37:24.800
And actually, let me take two questions now.

629
00:37:24.800 --> 00:37:25.760
Let me go back and see.

630
00:37:25.760 --> 00:37:28.040
If anybody has a question, you can raise your virtual hand.

631
00:37:28.040 --> 00:37:30.600
I think Marcelo has his hand up, right?

632
00:37:30.600 --> 00:37:32.280
Marcelo!

633
00:37:32.280 --> 00:37:33.640
Mi amigo!

634
00:37:33.640 --> 00:37:35.040
What's up, bro?

635
00:37:35.040 --> 00:37:37.360
Bro, so much content.

636
00:37:37.360 --> 00:37:39.760
Oh my gosh, I love you guys.

637
00:37:39.760 --> 00:37:41.080
You guys are amazing.

638
00:37:41.080 --> 00:37:43.840
I've been texting you because you're so fabulous.

639
00:37:43.840 --> 00:37:46.640
Oh my gosh, you guys are amazing.

640
00:37:46.640 --> 00:37:47.480
Besties.

641
00:37:47.520 --> 00:37:49.720
So that's totally, you nailed it on the head.

642
00:37:49.720 --> 00:37:50.560
That's what happened with us

643
00:37:50.560 --> 00:37:52.040
with all three of our trademarks.

644
00:37:52.040 --> 00:37:52.880
Yeah.

645
00:37:52.880 --> 00:37:55.440
Like, I did the unthinkable

646
00:37:55.440 --> 00:38:00.080
and went to my big box store legal advice location

647
00:38:00.080 --> 00:38:03.640
and they filed my trademarks and I was super excited.

648
00:38:03.640 --> 00:38:05.400
But now when I get it, I got it back,

649
00:38:05.400 --> 00:38:08.960
I realized like they put everything under the sun

650
00:38:08.960 --> 00:38:10.240
under my trademark.

651
00:38:10.240 --> 00:38:12.320
So can we drill down a little bit into this?

652
00:38:12.320 --> 00:38:17.320
What's the next step for me as the business owner?

653
00:38:17.520 --> 00:38:19.640
To clean up the mess that I made?

654
00:38:19.640 --> 00:38:22.240
Great, great, great, great, great question.

655
00:38:22.240 --> 00:38:25.720
So this actually is going to apply to everybody.

656
00:38:25.720 --> 00:38:27.360
The question that was just asked

657
00:38:27.360 --> 00:38:30.320
by my wonderful friend, Marcelo

658
00:38:30.320 --> 00:38:33.560
and his incredible Summer.

659
00:38:33.560 --> 00:38:34.400
Where is she?

660
00:38:34.400 --> 00:38:35.240
There she is.

661
00:38:35.240 --> 00:38:36.080
She's there somewhere.

662
00:38:36.080 --> 00:38:36.920
There she is!

663
00:38:36.920 --> 00:38:37.760
What's up, Summer?

664
00:38:37.760 --> 00:38:39.720
All right, so let me break this down

665
00:38:39.720 --> 00:38:43.000
because all of you are likely going to run into this, okay?

666
00:38:43.000 --> 00:38:45.920
What they're talking about here is

667
00:38:45.960 --> 00:38:48.880
what happens when you have a recitation of goods

668
00:38:48.880 --> 00:38:52.280
or services or the description of goods and services,

669
00:38:52.280 --> 00:38:55.080
but you need to take some stuff out

670
00:38:55.080 --> 00:38:56.760
before you get a registration.

671
00:38:56.760 --> 00:38:59.320
Now, let me start with the opposite question,

672
00:38:59.320 --> 00:39:02.080
which is, can you add stuff in?

673
00:39:02.080 --> 00:39:05.800
The answer is no, okay?

674
00:39:05.800 --> 00:39:08.280
You can always take stuff out.

675
00:39:08.280 --> 00:39:11.640
You can never add stuff in.

676
00:39:11.640 --> 00:39:12.800
What do I mean by that?

677
00:39:13.360 --> 00:39:16.520
I have a client who makes wallets.

678
00:39:16.520 --> 00:39:19.560
He had a trademark application that covered wallets.

679
00:39:20.640 --> 00:39:25.640
I think it was like luggage tags, RFID readers,

680
00:39:27.840 --> 00:39:31.840
and that was everything that he had used it for, right?

681
00:39:31.840 --> 00:39:36.120
But then as some time went by, he had cell phone holders.

682
00:39:37.000 --> 00:39:39.760
Well, he said, well, can I just add cell phone holders?

683
00:39:39.760 --> 00:39:41.960
Nope, you can't.

684
00:39:42.000 --> 00:39:44.600
You can't add, when an application is pending,

685
00:39:44.600 --> 00:39:46.960
you can't add anything.

686
00:39:46.960 --> 00:39:49.880
What you can do is file a new application,

687
00:39:50.960 --> 00:39:53.440
which means you're now going to incur the fees

688
00:39:53.440 --> 00:39:54.960
for filing a brand new application.

689
00:39:54.960 --> 00:39:56.440
Why am I telling you this?

690
00:39:56.440 --> 00:39:58.120
Make sure when you're talking to your attorneys

691
00:39:58.120 --> 00:40:00.720
or when you're working on filing these applications.

692
00:40:00.000 --> 00:40:04.120
you think of everything you're gonna use this thing for.

693
00:40:04.120 --> 00:40:07.260
Because if you miss something, you can't add it later.

694
00:40:08.160 --> 00:40:09.680
But if you add something,

695
00:40:09.680 --> 00:40:11.900
like Marcel was talking about here,

696
00:40:11.900 --> 00:40:14.440
and you need to just take some stuff out, that's okay.

697
00:40:14.440 --> 00:40:15.760
We just, we clean it up.

698
00:40:15.760 --> 00:40:18.060
We just throw away the extra stuff, right?

699
00:40:18.060 --> 00:40:20.400
Like we're trimming off the crust of the bread,

700
00:40:20.400 --> 00:40:22.520
but you can't add a crust to the bread

701
00:40:22.520 --> 00:40:24.120
after the bread is baked.

702
00:40:24.120 --> 00:40:25.600
You can't add extra crust.

703
00:40:25.600 --> 00:40:26.440
It don't work.

704
00:40:26.440 --> 00:40:28.120
Does that make sense?

705
00:40:28.120 --> 00:40:30.200
Okay, so with that being said,

706
00:40:30.200 --> 00:40:32.120
let's talk about a theoretical,

707
00:40:32.120 --> 00:40:35.920
incredibly wonderful and good looking person

708
00:40:35.920 --> 00:40:37.560
who may have come up with a scenario

709
00:40:37.560 --> 00:40:38.900
where they have too many things

710
00:40:38.900 --> 00:40:41.240
in their recitation of goods and services, okay?

711
00:40:41.240 --> 00:40:42.800
So that theoretical person,

712
00:40:42.800 --> 00:40:44.560
this is what that theoretical person would do,

713
00:40:44.560 --> 00:40:46.800
because none of this is legal advice, right?

714
00:40:46.800 --> 00:40:48.640
We all know this is not legal advice.

715
00:40:50.080 --> 00:40:51.560
But that random person

716
00:40:51.560 --> 00:40:53.980
who lives in the stratosphere somewhere,

717
00:40:53.980 --> 00:40:56.120
what they would do in that situation

718
00:40:56.120 --> 00:41:00.480
is they would, if they got an office action,

719
00:41:00.480 --> 00:41:05.280
so if they got a rejection on their original application,

720
00:41:05.280 --> 00:41:08.620
what they would do is in responding to that office action,

721
00:41:08.620 --> 00:41:10.280
they would also select,

722
00:41:10.280 --> 00:41:11.760
there's a box you can select

723
00:41:11.760 --> 00:41:14.420
to modify your recitation of goods and services.

724
00:41:15.280 --> 00:41:17.360
So they would select that box,

725
00:41:17.360 --> 00:41:18.840
and then what they would do is

726
00:41:18.840 --> 00:41:21.840
they would just merely remove the stuff they're not using.

727
00:41:21.840 --> 00:41:22.980
Be like, get out.

728
00:41:22.980 --> 00:41:24.160
Not you, not you.

729
00:41:24.160 --> 00:41:25.760
Nope, nope, not you.

730
00:41:26.640 --> 00:41:27.600
And then they'd be left over

731
00:41:27.600 --> 00:41:29.920
with what exactly is important.

732
00:41:31.160 --> 00:41:34.500
And they'd file their response to the office action

733
00:41:34.500 --> 00:41:36.480
with only what's important,

734
00:41:37.480 --> 00:41:39.800
and address whatever else rejections

735
00:41:39.800 --> 00:41:41.480
they have in the office action.

736
00:41:41.480 --> 00:41:44.420
That's the way that theoretical individual

737
00:41:44.420 --> 00:41:46.720
who none of us have ever met before

738
00:41:46.720 --> 00:41:48.840
who's extremely good looking and a really nice person,

739
00:41:48.840 --> 00:41:50.480
that's what that person would do.

740
00:41:51.480 --> 00:41:54.480
Ciao, bro, or whatever else you say, bro.

741
00:41:54.480 --> 00:41:56.200
All right, so that's what you would do

742
00:41:56.200 --> 00:41:57.600
in those kinds of situations, all right?

743
00:41:57.600 --> 00:41:59.120
Makes sense?

744
00:41:59.120 --> 00:42:00.200
Yeah, that totally does.

745
00:42:00.200 --> 00:42:02.840
It looks like that person probably might wanna go

746
00:42:02.840 --> 00:42:06.680
look at the website a little more and figure that out.

747
00:42:06.680 --> 00:42:11.680
It's important because this leads to the second question,

748
00:42:11.680 --> 00:42:12.520
right, guys?

749
00:42:12.520 --> 00:42:15.560
Which is, what if I file an intent-to-use application

750
00:42:15.560 --> 00:42:16.400
for a bunch of stuff,

751
00:42:16.400 --> 00:42:18.240
but I don't know what I'm gonna do with it?

752
00:42:18.240 --> 00:42:20.360
I file an intent-to-use application for a bunch of stuff,

753
00:42:20.360 --> 00:42:23.420
but I start using some of it, but not the rest of it.

754
00:42:24.540 --> 00:42:25.520
Like, what do I do?

755
00:42:26.760 --> 00:42:27.600
There's a thing called,

756
00:42:27.600 --> 00:42:30.420
you can file a petition to split your application.

757
00:42:31.320 --> 00:42:33.600
So you can take your things that you are using

758
00:42:33.600 --> 00:42:36.760
and go, whoops, and put those over here.

759
00:42:36.760 --> 00:42:38.680
Take the things that you're not using yet

760
00:42:38.680 --> 00:42:40.360
and keep them over here, right?

761
00:42:40.360 --> 00:42:43.080
And then you allow this one to register

762
00:42:43.080 --> 00:42:44.640
and this one's still pending.

763
00:42:45.500 --> 00:42:46.340
It's pretty neat.

764
00:42:46.340 --> 00:42:48.420
You can do some really cool stuff, guys.

765
00:42:48.420 --> 00:42:50.700
So this is why I tell people,

766
00:42:50.700 --> 00:42:54.140
if you're not sure what you're gonna use something on,

767
00:42:54.140 --> 00:42:56.060
you can file for a bunch of different things

768
00:42:56.060 --> 00:42:57.700
that you believe you're gonna use

769
00:42:57.700 --> 00:43:00.460
and then just remove the extra things later.

770
00:43:00.460 --> 00:43:03.740
And then if you're starting to use things this year

771
00:43:03.740 --> 00:43:05.140
and you know you're not gonna use the rest

772
00:43:05.140 --> 00:43:07.580
for another two years, it's okay.

773
00:43:07.580 --> 00:43:10.060
File a petition to split your application

774
00:43:10.060 --> 00:43:11.700
so that the things you are using,

775
00:43:11.700 --> 00:43:13.580
you get a registration for now,

776
00:43:13.580 --> 00:43:15.060
and the things that you're not using yet,

777
00:43:15.060 --> 00:43:16.700
you get a pending application on.

778
00:43:20.340 --> 00:43:21.460
Good stuff.

779
00:43:21.460 --> 00:43:22.300
Good stuff.

780
00:43:22.300 --> 00:43:23.260
No frills.

781
00:43:23.260 --> 00:43:25.100
And Peter, just how long do they have

782
00:43:25.100 --> 00:43:27.180
before they go from intent to use?

783
00:43:28.740 --> 00:43:30.460
Wow, that's a great question.

784
00:43:30.460 --> 00:43:31.780
Just came out of nowhere.

785
00:43:33.300 --> 00:43:34.140
Amazing.

786
00:43:34.140 --> 00:43:34.980
Wow.

787
00:43:34.980 --> 00:43:36.860
I always thought God's voice was more boisterous,

788
00:43:36.860 --> 00:43:39.100
like, Peter.

789
00:43:39.100 --> 00:43:43.700
All right, so let me talk about that a little bit.

790
00:43:43.700 --> 00:43:44.540
All right.

791
00:43:45.260 --> 00:43:47.420
If you've got a pending application,

792
00:43:47.420 --> 00:43:49.580
it's an intent to use application,

793
00:43:49.580 --> 00:43:52.780
and what happens in your scenario is that,

794
00:43:52.780 --> 00:43:53.900
let me just remove the pen here.

795
00:43:53.900 --> 00:43:54.740
There we go.

796
00:43:54.740 --> 00:43:57.100
And what happens in your scenario, or in a scenario,

797
00:43:58.260 --> 00:43:59.940
is that you're not using it yet,

798
00:43:59.940 --> 00:44:02.180
and your case is allowed.

799
00:44:02.180 --> 00:44:04.940
What the United States Patent and Trademark Office

800
00:44:04.940 --> 00:44:08.500
allows for is what's called an extension.

801
00:44:08.500 --> 00:44:10.940
People can file an extension

802
00:44:10.940 --> 00:44:13.220
to actual use of their application.

803
00:44:13.220 --> 00:44:15.260
So the case is pending,

804
00:44:15.260 --> 00:44:17.500
and you can file these six-month extensions.

805
00:44:17.500 --> 00:44:20.380
You can file up to five of them, right?

806
00:44:20.380 --> 00:44:22.620
So when your case gets allowed,

807
00:44:22.620 --> 00:44:25.060
there's six months until you have to prove

808
00:44:25.060 --> 00:44:27.140
that it's actually being used.

809
00:44:27.140 --> 00:44:28.620
If you don't use it within those six months,

810
00:44:28.620 --> 00:44:30.580
you can file what's called an extension.

811
00:44:30.580 --> 00:44:32.780
Now you get another six months,

812
00:44:32.780 --> 00:44:34.540
and you can write down the reason why

813
00:44:34.540 --> 00:44:36.140
is we're doing manufacturing,

814
00:44:36.140 --> 00:44:38.660
or we're doing marketing research,

815
00:44:38.660 --> 00:44:41.020
or whatever the case may be.

816
00:44:41.060 --> 00:44:44.980
But you can get up to three years of extensions,

817
00:44:44.980 --> 00:44:46.100
up to three years.

818
00:44:46.100 --> 00:44:47.780
That's a long time.

819
00:44:47.780 --> 00:44:48.900
So if you're thinking, you know what?

820
00:44:48.900 --> 00:44:50.220
I'm going to use my application

821
00:44:50.220 --> 00:44:52.140
within the next three years.

822
00:44:52.140 --> 00:44:53.380
No problem.

823
00:44:53.380 --> 00:44:56.300
You can file an intent to use application now.

824
00:44:56.300 --> 00:44:58.540
That's the beauty of an intent to use application.

825
00:44:58.540 --> 00:45:00.140
Now, if you...

826
00:45:00.000 --> 00:45:04.280
who instead believe it's gonna be like five years,

827
00:45:04.280 --> 00:45:06.520
you may not be able to file an intent to use application

828
00:45:06.520 --> 00:45:09.360
because it'll expire within three years,

829
00:45:09.360 --> 00:45:11.680
within three years of the case being allowed.

830
00:45:11.680 --> 00:45:12.720
Does that make sense?

831
00:45:13.600 --> 00:45:15.280
Yeah, okay, good.

832
00:45:15.280 --> 00:45:17.760
Sonia, you are up, my friend.

833
00:45:21.000 --> 00:45:22.480
Oh my gosh, no, I'm big.

834
00:45:23.760 --> 00:45:26.680
I don't, that came out of nowhere, okay.

835
00:45:27.640 --> 00:45:31.840
So just to make sure that I understood that.

836
00:45:31.840 --> 00:45:34.120
So when I file, cause I've never done that,

837
00:45:34.120 --> 00:45:36.120
I'm just starting my own thing, right?

838
00:45:37.000 --> 00:45:39.800
So I can pretty much put everything in the application.

839
00:45:39.800 --> 00:45:43.840
So like logos, slogan, like a concept that I developed,

840
00:45:43.840 --> 00:45:47.160
or is it all an extra application?

841
00:45:47.160 --> 00:45:49.920
Like this is where I'm a little bit lost

842
00:45:49.920 --> 00:45:53.000
as to how much can I put in one application

843
00:45:53.000 --> 00:45:56.040
and where do I need more than one application?

844
00:45:56.040 --> 00:45:57.080
Wonderful application.

845
00:45:57.080 --> 00:45:58.440
And in fact, tomorrow,

846
00:45:58.440 --> 00:46:00.440
this is why you guys are lucky you're in VIP

847
00:46:00.440 --> 00:46:02.440
cause I can cover this slowly with you.

848
00:46:02.440 --> 00:46:04.800
Tomorrow, I'm gonna touch base on this a little bit,

849
00:46:04.800 --> 00:46:07.560
but think of it this way.

850
00:46:07.560 --> 00:46:09.200
You know the Nike swoosh?

851
00:46:10.080 --> 00:46:13.040
Above it, usually it says, just do it, right?

852
00:46:13.040 --> 00:46:16.040
And usually next to it, it says Nike, right?

853
00:46:16.040 --> 00:46:17.960
Those are three different trademarks.

854
00:46:20.560 --> 00:46:21.400
You see that?

855
00:46:21.400 --> 00:46:23.160
So that's pretty deep.

856
00:46:23.160 --> 00:46:25.880
So you don't file one application

857
00:46:25.880 --> 00:46:27.400
with all three things in it

858
00:46:28.400 --> 00:46:30.320
because then to infringe upon it,

859
00:46:30.320 --> 00:46:35.320
the person would have to do the majority of it, right?

860
00:46:35.680 --> 00:46:38.160
For there to be likelihood of confusion, right?

861
00:46:38.160 --> 00:46:41.280
So what you would do is you would file one application

862
00:46:41.280 --> 00:46:45.120
for the logo, one application for the word mark,

863
00:46:45.120 --> 00:46:47.800
and then one application for the slogan.

864
00:46:47.800 --> 00:46:52.800
By doing that, you've got a powerhouse of IP

865
00:46:52.800 --> 00:46:55.360
because now you own Nike, you own just do it,

866
00:46:55.360 --> 00:46:56.600
and you own the swoosh.

867
00:46:56.600 --> 00:47:00.120
So if anybody uses any of those on sneakers, they're toast.

868
00:47:01.120 --> 00:47:01.960
You see that?

869
00:47:01.960 --> 00:47:04.320
So it's, now there are some situations

870
00:47:04.320 --> 00:47:08.120
where there's a word within the logo.

871
00:47:08.120 --> 00:47:10.520
That does happen every once in a while, right?

872
00:47:10.520 --> 00:47:11.960
There are some trademarks that are out there

873
00:47:11.960 --> 00:47:14.920
where you'll see, you know, like there's this,

874
00:47:14.920 --> 00:47:17.320
whatever logo and inside of it,

875
00:47:17.320 --> 00:47:19.560
I have a friend of mine who actually has one like this.

876
00:47:19.560 --> 00:47:21.000
We're filing on it.

877
00:47:21.000 --> 00:47:23.680
It has the word, it has like a house

878
00:47:23.680 --> 00:47:26.400
inside one of the letters, right?

879
00:47:26.400 --> 00:47:29.560
So it's a word, but it's decorative,

880
00:47:29.560 --> 00:47:31.720
and it has a house inside one of the letters

881
00:47:31.720 --> 00:47:34.000
because he's in like the home business, right?

882
00:47:34.000 --> 00:47:35.600
Home building business.

883
00:47:35.600 --> 00:47:38.840
So we're filing one application for that logo,

884
00:47:38.840 --> 00:47:39.680
which has the word,

885
00:47:39.680 --> 00:47:42.000
but then we're separately filing for the word alone.

886
00:47:42.000 --> 00:47:44.480
So if anybody uses that word separate from a logo,

887
00:47:44.480 --> 00:47:45.880
they infringe,

888
00:47:45.880 --> 00:47:48.960
and they would have to stop using that name immediately.

889
00:47:48.960 --> 00:47:50.040
Does that help?

890
00:47:50.040 --> 00:47:54.840
Yes, but so then what is it that you just explained prior?

891
00:47:54.840 --> 00:47:56.440
Like if you have a bunch of stuff in there

892
00:47:56.440 --> 00:47:57.680
and you park it over here,

893
00:47:57.680 --> 00:47:59.800
so when would I cluster, I guess?

894
00:47:59.800 --> 00:48:00.640
Right, right.

895
00:48:00.640 --> 00:48:03.320
So that, the bunch of stuff that's in it

896
00:48:03.320 --> 00:48:07.440
is called the recitation of goods or services, okay?

897
00:48:07.440 --> 00:48:08.280
Okay.

898
00:48:08.280 --> 00:48:10.880
So what a recitation of goods or services is,

899
00:48:10.880 --> 00:48:14.640
it's a description of everywhere that you're using the mark.

900
00:48:14.640 --> 00:48:19.640
So let's say that it's sneakers, right?

901
00:48:20.280 --> 00:48:21.640
Let's say it's Nike.

902
00:48:21.640 --> 00:48:23.160
You're using it for sneakers.

903
00:48:23.160 --> 00:48:26.720
Sneakers are in a specific international class.

904
00:48:26.720 --> 00:48:29.040
But what you would say in the recitation of goods

905
00:48:29.040 --> 00:48:32.360
is sneakers, you use the word sneakers.

906
00:48:32.360 --> 00:48:34.840
Now let's say you're also using it for jackets

907
00:48:34.840 --> 00:48:36.240
and for shirts.

908
00:48:36.240 --> 00:48:39.520
Then what you would write is jackets, shirts.

909
00:48:39.520 --> 00:48:42.520
Like that's your recitation of goods.

910
00:48:42.520 --> 00:48:44.920
It's a, recitation is just speaking, right?

911
00:48:44.920 --> 00:48:46.280
This is my recitation.

912
00:48:46.320 --> 00:48:50.240
I'm speaking, I'm putting words to a thought, right?

913
00:48:50.240 --> 00:48:53.760
So the recitation of goods is basically the list of goods

914
00:48:53.760 --> 00:48:56.160
that the trademark is being used for.

915
00:48:56.160 --> 00:49:00.080
So if you are thinking to yourself, you know what?

916
00:49:00.080 --> 00:49:04.000
I'm intending to use this name for the following things.

917
00:49:04.000 --> 00:49:06.360
I'm not sure if I'm going to, but I'm pretty positive

918
00:49:06.360 --> 00:49:09.320
I'm going to list them all, right?

919
00:49:09.320 --> 00:49:11.320
Because then later you can say, you know what?

920
00:49:11.320 --> 00:49:14.280
I used it on six of the seven.

921
00:49:14.280 --> 00:49:16.520
I'm going to cancel that number seven

922
00:49:16.520 --> 00:49:19.400
and I'll just get the registration on the six.

923
00:49:19.400 --> 00:49:21.000
Awesome, thank you.

924
00:49:21.000 --> 00:49:22.640
You got it, no problem.

925
00:49:22.640 --> 00:49:24.680
Morgan, how are you brother?

926
00:49:26.400 --> 00:49:27.240
You got on mute.

927
00:49:27.240 --> 00:49:28.440
I'm doing fine, doing fine.

928
00:49:28.440 --> 00:49:29.280
How are you Peter?

929
00:49:29.280 --> 00:49:30.120
Thank you very much.

930
00:49:30.120 --> 00:49:31.280
I'm doing well, I'm doing well.

931
00:49:31.280 --> 00:49:32.240
Great information.

932
00:49:32.240 --> 00:49:33.080
Thank you so much.

933
00:49:33.080 --> 00:49:34.440
Oh, thank you so much.

934
00:49:34.440 --> 00:49:36.160
I just want to be a little clear on this.

935
00:49:36.160 --> 00:49:40.520
Earlier you were saying something about not filing

936
00:49:40.520 --> 00:49:43.640
all at once or too many items and too many things

937
00:49:44.000 --> 00:49:44.840
at one time.

938
00:49:44.840 --> 00:49:46.720
You gave the example about the wallet

939
00:49:46.720 --> 00:49:47.880
and you said, well, if you're doing wallets,

940
00:49:47.880 --> 00:49:48.880
you're doing wallets.

941
00:49:48.880 --> 00:49:50.440
So I guess I'm trying to ask the question.

942
00:49:50.440 --> 00:49:51.560
I don't know if you answered it

943
00:49:51.560 --> 00:49:54.120
in the young lady's previous question,

944
00:49:54.120 --> 00:49:56.400
but so if I want to do wallets, they have a name.

945
00:49:56.400 --> 00:49:57.600
I want to do key chains.

946
00:49:57.600 --> 00:49:58.800
I want to do mugs.

947
00:49:58.800 --> 00:49:59.640
I want to do all.

948
00:50:00.000 --> 00:50:04.360
with the logo on a number of items.

949
00:50:04.360 --> 00:50:07.280
So are you saying I can't do that when I register?

950
00:50:07.280 --> 00:50:09.120
We lost you for a second there.

951
00:50:09.120 --> 00:50:10.520
I heard you say wallets,

952
00:50:10.520 --> 00:50:11.840
then you broke out for a second.

953
00:50:11.840 --> 00:50:12.880
Sorry about that.

954
00:50:12.880 --> 00:50:14.240
If it was a number of items,

955
00:50:14.240 --> 00:50:16.300
I want to put the logo on for sure.

956
00:50:16.300 --> 00:50:17.780
I guess my question is,

957
00:50:17.780 --> 00:50:20.080
does that fall under the recitation of goods,

958
00:50:20.080 --> 00:50:21.920
what you were just talking about?

959
00:50:21.920 --> 00:50:23.200
Is that how I get around that?

960
00:50:23.200 --> 00:50:25.000
Because earlier you were saying

961
00:50:25.000 --> 00:50:28.540
that we shouldn't file so many at one time.

962
00:50:28.540 --> 00:50:31.380
Yeah, so in Marcelo's case,

963
00:50:33.780 --> 00:50:36.460
you've got a situation where he never intended

964
00:50:36.460 --> 00:50:38.340
to use it on certain things,

965
00:50:38.340 --> 00:50:42.100
but the attorney just listed everything within the class.

966
00:50:43.580 --> 00:50:46.260
So it's like you intended to use it for sneakers,

967
00:50:46.260 --> 00:50:48.820
but they go and they list it for sneakers,

968
00:50:48.820 --> 00:50:50.700
tap-dashing shoes, bowling shoes,

969
00:50:50.700 --> 00:50:55.700
golf shoes, ballerina shoes, water shoes, like everything.

970
00:50:56.180 --> 00:50:58.540
You never intended to use it on that,

971
00:50:58.540 --> 00:51:00.660
but the attorney filed it anyway.

972
00:51:00.660 --> 00:51:02.580
In that case, you could just remove that stuff

973
00:51:02.580 --> 00:51:05.140
because you never intended to use it on that, right?

974
00:51:05.140 --> 00:51:08.340
But if you do intend to use it on stuff,

975
00:51:08.340 --> 00:51:09.740
you just haven't done it yet,

976
00:51:09.740 --> 00:51:11.700
then by all means list all the things

977
00:51:11.700 --> 00:51:13.820
that you intend to use it on.

978
00:51:13.820 --> 00:51:18.020
That's why it's called an intend to use application.

979
00:51:18.020 --> 00:51:20.860
Okay, not a recitation of goods.

980
00:51:20.860 --> 00:51:23.180
Am I confusing those two statements?

981
00:51:23.180 --> 00:51:24.260
No, no, you're right.

982
00:51:25.220 --> 00:51:27.260
So the application itself

983
00:51:27.260 --> 00:51:31.140
is called an intend to use application, right?

984
00:51:31.140 --> 00:51:33.820
So there are two types of trademark applications,

985
00:51:33.820 --> 00:51:37.620
an actual use application and intend to use application.

986
00:51:37.620 --> 00:51:40.500
Those are the two types, all right?

987
00:51:40.500 --> 00:51:41.860
Guys, type that in the chat.

988
00:51:41.860 --> 00:51:42.700
Just type in the chat

989
00:51:42.700 --> 00:51:44.500
so I make sure you guys remember this.

990
00:51:44.500 --> 00:51:47.060
Intend to use, actual use.

991
00:51:47.060 --> 00:51:48.820
Just type those in the chat.

992
00:51:48.820 --> 00:51:50.700
I'm actually gonna type it too.

993
00:51:50.700 --> 00:51:51.740
Actual use,

994
00:51:53.140 --> 00:51:56.500
intend to use.

995
00:51:56.500 --> 00:51:59.140
Those are your two different applications, all right?

996
00:51:59.140 --> 00:52:03.060
So you can file any one of those,

997
00:52:03.060 --> 00:52:05.860
intend to use application or an actual use, okay?

998
00:52:05.860 --> 00:52:09.380
Both of them have what's called

999
00:52:09.380 --> 00:52:11.580
a recitation of goods or services.

1000
00:52:12.500 --> 00:52:14.300
So when you file an application,

1001
00:52:14.300 --> 00:52:16.660
you have to specify what you're gonna use it on.

1002
00:52:16.660 --> 00:52:18.700
So I got the name Nike.

1003
00:52:19.580 --> 00:52:21.180
The United States Patent and Trademark Office

1004
00:52:21.180 --> 00:52:23.780
wants to know what are you gonna use it on?

1005
00:52:23.780 --> 00:52:25.820
Are you gonna use it on cereal?

1006
00:52:26.860 --> 00:52:29.780
Are you gonna use it on sneakers?

1007
00:52:29.780 --> 00:52:32.260
Are you gonna use it on fish tanks?

1008
00:52:32.260 --> 00:52:33.820
Like, what are you gonna use it on?

1009
00:52:33.820 --> 00:52:36.780
That's called a recitation of goods.

1010
00:52:36.780 --> 00:52:39.300
It's a list of the goods.

1011
00:52:39.300 --> 00:52:42.380
That's listed whether you do an actual use application

1012
00:52:42.380 --> 00:52:43.700
or an intend to use application,

1013
00:52:43.700 --> 00:52:47.340
you will always have a recitation of goods or services.

1014
00:52:47.340 --> 00:52:48.780
Okay, thank you.

1015
00:52:48.780 --> 00:52:49.620
Appreciate it.

1016
00:52:49.620 --> 00:52:51.180
Absolutely, absolutely, good question.

1017
00:52:51.180 --> 00:52:54.020
All right, Shawn, let's jump into your question.

1018
00:52:54.020 --> 00:52:54.860
Go right ahead.

1019
00:52:56.260 --> 00:52:59.060
I'm not sure if it's question or coaching,

1020
00:52:59.060 --> 00:53:03.420
but I have looked at copyright and trademark

1021
00:53:03.420 --> 00:53:05.980
and not sure what this thing is,

1022
00:53:05.980 --> 00:53:08.740
but I have a number of models,

1023
00:53:08.740 --> 00:53:13.740
like psychological models that I use in my courses.

1024
00:53:13.740 --> 00:53:17.020
And this one that's really my main thing

1025
00:53:17.700 --> 00:53:19.060
is called the Wheel of Self-Love.

1026
00:53:19.060 --> 00:53:23.340
And I have been giving it away.

1027
00:53:23.340 --> 00:53:26.180
Now I'm gonna start selling it as a thing,

1028
00:53:26.180 --> 00:53:27.980
like a little book,

1029
00:53:27.980 --> 00:53:30.660
but it's also part of a bigger book.

1030
00:53:30.660 --> 00:53:33.380
And it's also been a method or a model

1031
00:53:33.380 --> 00:53:35.700
that I use in courses.

1032
00:53:35.700 --> 00:53:37.980
And we've been always putting copyright

1033
00:53:37.980 --> 00:53:39.700
at the bottom of it.

1034
00:53:39.700 --> 00:53:41.900
And yet it's the concept of it

1035
00:53:41.900 --> 00:53:44.140
that feels like it should be trademarked.

1036
00:53:44.140 --> 00:53:46.860
And then there's also a visual graphic

1037
00:53:47.700 --> 00:53:48.540
that goes with it,

1038
00:53:48.540 --> 00:53:49.780
but it's not a logo.

1039
00:53:49.780 --> 00:53:51.100
It's the model itself.

1040
00:53:51.100 --> 00:53:53.420
So I get a little confused about,

1041
00:53:53.420 --> 00:53:55.540
I really feel a need to protect it.

1042
00:53:55.540 --> 00:53:58.500
Some people have said they wanna use it in their classes.

1043
00:53:58.500 --> 00:54:01.260
So I don't know if I should license it.

1044
00:54:01.260 --> 00:54:02.540
So what's your question?

1045
00:54:04.340 --> 00:54:06.540
Is it a copyrighted thing?

1046
00:54:06.540 --> 00:54:09.180
You're just like, blah, give me the answer.

1047
00:54:09.180 --> 00:54:10.860
I love it, I love it.

1048
00:54:10.860 --> 00:54:12.780
Right, is it a copyrighted thing?

1049
00:54:12.780 --> 00:54:15.140
Is it a trademarked concept?

1050
00:54:15.660 --> 00:54:16.500
Yes.

1051
00:54:17.420 --> 00:54:21.540
Yeah, so guys, this is a perfect example.

1052
00:54:21.540 --> 00:54:22.540
Sean's situation.

1053
00:54:22.540 --> 00:54:24.620
First of all, Sean's brilliant

1054
00:54:24.620 --> 00:54:26.060
in case you guys haven't figured it out.

1055
00:54:26.060 --> 00:54:27.220
She has her own processes.

1056
00:54:27.220 --> 00:54:28.220
She's got her own artwork.

1057
00:54:28.220 --> 00:54:29.380
She's got books.

1058
00:54:29.380 --> 00:54:31.940
She's got like whole training.

1059
00:54:31.940 --> 00:54:33.540
She's brilliant, right?

1060
00:54:33.540 --> 00:54:35.860
And so this is a good example

1061
00:54:35.860 --> 00:54:38.860
of where an IP audit becomes really important, okay?

1062
00:54:38.860 --> 00:54:40.220
Perfect example.

1063
00:54:40.220 --> 00:54:43.700
She's got so many things that are going on here

1064
00:54:43.700 --> 00:54:45.580
that you need to break them into pieces.

1065
00:54:45.580 --> 00:54:47.980
Like, okay, what's the name of it?

1066
00:54:47.980 --> 00:54:49.740
Name is potentially protectable.

1067
00:54:49.740 --> 00:54:51.460
Is there a logo that's associated with it?

1068
00:54:51.460 --> 00:54:53.660
The logo is potentially protectable.

1069
00:54:53.660 --> 00:54:57.220
The copy, meaning any handouts that are provided,

1070
00:54:57.220 --> 00:54:59.340
those are protectable under copyright law.

1071
00:55:00.000 --> 00:55:05.000
if there's a specific functionality or a flow,

1072
00:55:06.800 --> 00:55:08.760
like you do step one and two,

1073
00:55:08.760 --> 00:55:10.920
then you add three and you do four,

1074
00:55:10.920 --> 00:55:14.240
that gets you to five, is that process protectable?

1075
00:55:14.240 --> 00:55:16.120
If it is, that would be potentially protectable

1076
00:55:16.120 --> 00:55:17.800
under patent law, right?

1077
00:55:17.800 --> 00:55:20.960
So there's so many different things

1078
00:55:20.960 --> 00:55:23.480
and under her brilliance and under her,

1079
00:55:23.480 --> 00:55:25.960
what she's bringing forth to the world

1080
00:55:25.960 --> 00:55:27.920
that this is a perfect example

1081
00:55:27.920 --> 00:55:30.320
of where IP audits become very important.

1082
00:55:30.320 --> 00:55:32.400
So thus far, Sean,

1083
00:55:32.400 --> 00:55:34.160
all we've really talked about is trademarks.

1084
00:55:34.160 --> 00:55:36.920
I'll cover copyrights in the future,

1085
00:55:36.920 --> 00:55:40.440
but I can tell you that any name that you're using,

1086
00:55:40.440 --> 00:55:43.920
any logo that you're using associated with this,

1087
00:55:43.920 --> 00:55:45.720
those things are potentially protectable

1088
00:55:45.720 --> 00:55:46.780
under trademark law.

1089
00:55:47.960 --> 00:55:51.280
If you're already using it, if it's already out there,

1090
00:55:51.280 --> 00:55:54.880
the good part is that you have a date of first use

1091
00:55:54.880 --> 00:55:57.760
that predates your filing of the application.

1092
00:55:58.600 --> 00:56:00.640
So you just wanna figure out when you started using it,

1093
00:56:00.640 --> 00:56:02.720
like what day did I start using it?

1094
00:56:02.720 --> 00:56:04.360
And just make sure you list the date,

1095
00:56:04.360 --> 00:56:06.680
and this is for everybody to understand.

1096
00:56:06.680 --> 00:56:08.120
Every trademark application,

1097
00:56:08.120 --> 00:56:10.000
which you'll find out tomorrow,

1098
00:56:10.000 --> 00:56:12.320
has a date of first use.

1099
00:56:13.240 --> 00:56:16.440
That date of first use is incredibly important.

1100
00:56:16.440 --> 00:56:17.400
Don't ignore it.

1101
00:56:17.400 --> 00:56:18.640
A lot of lawyers ignore it.

1102
00:56:18.640 --> 00:56:21.360
They just kind of like think, oh, who cares?

1103
00:56:21.360 --> 00:56:22.240
It was December.

1104
00:56:22.240 --> 00:56:23.920
It's like, yeah, if you can figure out the day,

1105
00:56:23.920 --> 00:56:26.960
write down the day and the year, okay?

1106
00:56:27.000 --> 00:56:30.240
The reason why is because that's placing the public

1107
00:56:30.240 --> 00:56:33.280
on notice, saying this was the date

1108
00:56:33.280 --> 00:56:35.760
that I started using this thing.

1109
00:56:35.760 --> 00:56:37.320
So if I tell you that this is the date

1110
00:56:37.320 --> 00:56:39.680
that Shawn started using something,

1111
00:56:39.680 --> 00:56:41.560
that should mean in your mind,

1112
00:56:41.560 --> 00:56:45.120
she had legal rights under common law,

1113
00:56:45.120 --> 00:56:47.000
the date that she started using it.

1114
00:56:47.960 --> 00:56:48.800
This is why-

1115
00:56:48.800 --> 00:56:51.440
And what if I didn't actually sell it though?

1116
00:56:51.440 --> 00:56:54.160
If I had some international clients and I had,

1117
00:56:54.160 --> 00:56:55.840
but I still wasn't selling it,

1118
00:56:55.840 --> 00:56:58.600
I was using it as a lead magnet first

1119
00:56:58.600 --> 00:57:00.720
and I was teaching it in my classes,

1120
00:57:00.720 --> 00:57:02.400
but, and now I want to say,

1121
00:57:02.400 --> 00:57:05.440
so I've been using it since probably 2016.

1122
00:57:05.440 --> 00:57:07.560
Sure, let me jump in here

1123
00:57:07.560 --> 00:57:09.640
because I want to get some others as well,

1124
00:57:09.640 --> 00:57:12.840
but let me add this to it for you as well.

1125
00:57:12.840 --> 00:57:15.400
It doesn't always have to be sale.

1126
00:57:15.400 --> 00:57:18.120
And remember guys, this is day one, okay?

1127
00:57:18.120 --> 00:57:18.960
This is day one.

1128
00:57:18.960 --> 00:57:20.200
We have four more days together.

1129
00:57:20.200 --> 00:57:22.440
So we're going to learn a lot of stuff together,

1130
00:57:22.440 --> 00:57:25.160
but it doesn't always have to be sale.

1131
00:57:25.160 --> 00:57:27.480
It's use in interstate commerce.

1132
00:57:27.480 --> 00:57:29.880
So even if I don't have a sale,

1133
00:57:29.880 --> 00:57:31.400
I may have certain legal rights.

1134
00:57:31.400 --> 00:57:32.880
You want to speak to some,

1135
00:57:32.880 --> 00:57:34.240
like an attorney to find out

1136
00:57:34.240 --> 00:57:36.160
whether what you've been doing

1137
00:57:36.160 --> 00:57:37.760
actually can be considered use.

1138
00:57:37.760 --> 00:57:40.240
Like you're talking about a lead magnet, right?

1139
00:57:40.240 --> 00:57:41.080
I use lead magnets.

1140
00:57:41.080 --> 00:57:45.000
So let me elaborate on lead magnets first, okay?

1141
00:57:45.000 --> 00:57:47.280
So what lead magnets do,

1142
00:57:47.280 --> 00:57:51.320
is lead magnets result in you obtaining an email address,

1143
00:57:51.320 --> 00:57:54.200
getting a phone number, getting contact information.

1144
00:57:54.200 --> 00:57:56.080
It's a way of marketing.

1145
00:57:56.080 --> 00:57:58.440
Lead magnets work as a way of marketing.

1146
00:57:58.440 --> 00:58:00.320
So that's actually use.

1147
00:58:00.320 --> 00:58:01.160
That's even though there's not a sale yet.

1148
00:58:01.160 --> 00:58:04.880
So I built my list to like 10,000 people downloaded it.

1149
00:58:04.880 --> 00:58:07.440
So that was a valuable.

1150
00:58:07.440 --> 00:58:08.320
Right, okay.

1151
00:58:08.320 --> 00:58:09.360
Yeah, yeah.

1152
00:58:09.360 --> 00:58:10.200
Right.

1153
00:58:10.200 --> 00:58:12.440
And, okay.

1154
00:58:14.880 --> 00:58:16.600
There's one more thing related to that,

1155
00:58:16.600 --> 00:58:18.080
but it might be a separate question.

1156
00:58:18.080 --> 00:58:18.920
So.

1157
00:58:18.920 --> 00:58:19.760
Yeah, let's jump in.

1158
00:58:19.760 --> 00:58:20.600
We got a few more days.

1159
00:58:20.600 --> 00:58:21.600
We'll come to other stuff, my friend.

1160
00:58:21.600 --> 00:58:22.720
Okay, thanks.

1161
00:58:22.720 --> 00:58:23.960
All right, absolutely, absolutely.

1162
00:58:24.600 --> 00:58:25.440
Thank you, Peter.

1163
00:58:25.440 --> 00:58:26.280
It's my true pleasure.

1164
00:58:26.280 --> 00:58:27.640
My true pleasure.

1165
00:58:27.640 --> 00:58:29.760
All right, let me go to.

1166
00:58:31.680 --> 00:58:35.520
And just in case anybody didn't catch it earlier,

1167
00:58:35.520 --> 00:58:38.560
I just dropped the link to that handout again

1168
00:58:38.560 --> 00:58:39.840
for that Peter shared

1169
00:58:39.840 --> 00:58:41.480
in the first part of the challenge today.

1170
00:58:41.480 --> 00:58:42.320
Yes.

1171
00:58:42.320 --> 00:58:43.920
All right, I'm gonna do one more question today

1172
00:58:43.920 --> 00:58:46.400
and then we're gonna jump into others afterwards.

1173
00:58:46.400 --> 00:58:47.240
Let me take Tony.

1174
00:58:47.240 --> 00:58:48.960
Tony, I didn't take you yet, right?

1175
00:58:50.000 --> 00:58:52.720
All right, Tony, let me grab you.

1176
00:58:52.720 --> 00:58:54.400
Grab your question here.

1177
00:58:54.400 --> 00:58:56.040
And then, guys, again,

1178
00:58:56.040 --> 00:58:57.400
we're gonna have four more days together.

1179
00:58:57.400 --> 00:59:00.200
I love, I love how hungry you guys are.

1180
00:59:00.200 --> 00:59:01.040
I love this.

1181
00:59:01.040 --> 00:59:02.480
This is awesome.

1182
00:59:02.480 --> 00:59:04.240
So go ahead, Tony.

1183
00:59:04.240 --> 00:59:06.480
So I'm just getting into the archer thing

1184
00:59:06.480 --> 00:59:09.080
of trying to publish books and stuff.

1185
00:59:09.080 --> 00:59:11.960
So many people said, let Amazon do it.

1186
00:59:11.960 --> 00:59:15.120
What kind of right does Amazon have

1187
00:59:15.120 --> 00:59:16.480
if they publish your book?

1188
00:59:16.480 --> 00:59:19.200
Oh, you had to open a can of worms, didn't you?

1189
00:59:19.200 --> 00:59:22.320
You had to start talking about third party

1190
00:59:22.920 --> 00:59:26.920
publishing and, oh, okay.

1191
00:59:26.920 --> 00:59:28.760
All right, we're gonna start,

1192
00:59:28.760 --> 00:59:31.080
we're gonna end on a hill.

1193
00:59:31.080 --> 00:59:32.360
Okay, that's good, that's good.

1194
00:59:32.360 --> 00:59:33.920
All right, let's do this.

1195
00:59:33.920 --> 00:59:35.440
I love Tony, so we're just gonna do this.

1196
00:59:35.440 --> 00:59:36.280
Let's jump in.

1197
00:59:36.280 --> 00:59:37.720
Okay, so here's the situation.

1198
00:59:42.160 --> 00:59:47.160
Please make sure you read all the legal garbage

1199
00:59:47.400 --> 00:59:49.720
or talk to somebody who understands the legal garbage

1200
00:59:49.760 --> 00:59:52.920
associated with anyone you're publishing with,

1201
00:59:52.920 --> 00:59:55.440
anyone you're using artwork from,

1202
00:59:55.440 --> 00:59:59.520
anyone who's producing logos for you or.

1203
01:00:00.000 --> 01:00:05.000
or slogans or whatever it is, please, please, please read.

1204
01:00:06.840 --> 01:00:11.560
Okay, there are certain groups that obtain legal rights

1205
01:00:11.560 --> 01:00:13.860
to your material if you use them.

1206
01:00:14.840 --> 01:00:17.020
One perfect example, Facebook.

1207
01:00:18.640 --> 01:00:23.000
If you go live streaming your content on Facebook,

1208
01:00:23.000 --> 01:00:25.760
Facebook has certain legal rights to your material.

1209
01:00:26.800 --> 01:00:29.000
Why do you think it is on your birthday?

1210
01:00:29.000 --> 01:00:32.880
You get this video card that has things

1211
01:00:32.880 --> 01:00:37.640
that you typed in the chat, people that you've DMed.

1212
01:00:37.640 --> 01:00:42.240
It has like pictures of your kids and your spouse

1213
01:00:42.240 --> 01:00:44.600
and like it has all sorts of stuff, why?

1214
01:00:44.600 --> 01:00:46.840
Because you gave them legal rights

1215
01:00:46.840 --> 01:00:49.360
the second you started putting stuff on their site.

1216
01:00:49.360 --> 01:00:51.080
So if you're running a challenge,

1217
01:00:51.080 --> 01:00:51.920
this is one of the reasons

1218
01:00:51.920 --> 01:00:54.200
why I don't live stream in the Facebook.

1219
01:00:54.200 --> 01:00:55.840
You're running a challenge

1220
01:00:55.840 --> 01:00:57.360
and you live stream in the Facebook,

1221
01:00:57.360 --> 01:00:59.760
guess who actually has a non-exclusive rights,

1222
01:00:59.760 --> 01:01:02.280
who actually has non-exclusive rights to your content?

1223
01:01:02.280 --> 01:01:03.160
Facebook.

1224
01:01:03.160 --> 01:01:04.840
Zuckerberg.

1225
01:01:04.840 --> 01:01:06.920
Zuckerberg, that's right.

1226
01:01:06.920 --> 01:01:09.520
So now all of a sudden, don't be surprised

1227
01:01:09.520 --> 01:01:13.100
if you see some of that content showing up in other places.

1228
01:01:13.100 --> 01:01:14.880
So you just gotta be careful, right?

1229
01:01:14.880 --> 01:01:16.840
So to answer your question, Tony,

1230
01:01:16.840 --> 01:01:21.540
like you're asking, well, if I publish through,

1231
01:01:21.540 --> 01:01:23.440
you said Amazon, is that what you're doing through?

1232
01:01:23.440 --> 01:01:26.320
That's what I keep hearing, Amazon just, you know,

1233
01:01:27.320 --> 01:01:28.280
or something.

1234
01:01:28.280 --> 01:01:29.120
Yeah, yeah.

1235
01:01:29.120 --> 01:01:31.540
So I don't know the exact,

1236
01:01:31.540 --> 01:01:34.600
cause I haven't published with Amazon before.

1237
01:01:34.600 --> 01:01:35.880
I hear it's kind of favorable.

1238
01:01:35.880 --> 01:01:37.440
I hear their terms are kind of favorable.

1239
01:01:37.440 --> 01:01:39.060
I haven't read their terms before,

1240
01:01:39.060 --> 01:01:41.040
but I would read their agreement

1241
01:01:41.040 --> 01:01:43.400
and see what exactly are you giving up

1242
01:01:43.400 --> 01:01:45.280
when you publish on their site?

1243
01:01:45.280 --> 01:01:46.280
I don't think it's a lot.

1244
01:01:46.280 --> 01:01:51.240
I think they're pretty favorable, but I can't,

1245
01:01:51.240 --> 01:01:52.080
I don't know.

1246
01:01:52.080 --> 01:01:53.840
I don't know the answer to that one.

1247
01:01:53.880 --> 01:01:55.640
So I would look at the agreement

1248
01:01:55.640 --> 01:01:58.560
before you go publishing anything with them

1249
01:01:58.560 --> 01:02:00.160
or selling anything with them,

1250
01:02:00.160 --> 01:02:05.000
find out what license are you giving to them, right?

1251
01:02:05.000 --> 01:02:08.320
Cause there's certain publishers, I'll tell you this much.

1252
01:02:09.440 --> 01:02:11.360
I know a number of authors,

1253
01:02:11.360 --> 01:02:14.040
like people who have written a number of books.

1254
01:02:14.040 --> 01:02:16.560
And when they started out, they go with a certain publisher

1255
01:02:16.560 --> 01:02:19.360
and then they found out that they gave our right title

1256
01:02:19.360 --> 01:02:21.840
and interest to their books to the publisher,

1257
01:02:21.840 --> 01:02:24.720
which means that any modification to the book,

1258
01:02:25.600 --> 01:02:27.120
the publisher also had rights

1259
01:02:27.120 --> 01:02:28.980
because that's considered a derivative work.

1260
01:02:28.980 --> 01:02:31.680
You'll learn about this on day three and four, right?

1261
01:02:32.760 --> 01:02:37.040
Derivative works are modifications to an original work, okay?

1262
01:02:37.040 --> 01:02:40.020
So that means, let's say you make book number one

1263
01:02:40.020 --> 01:02:43.480
and book number one is about a ranger.

1264
01:02:43.480 --> 01:02:46.200
He's a forest ranger and he finds some kind of portal.

1265
01:02:46.200 --> 01:02:49.000
He goes into portal, he goes back in time,

1266
01:02:49.000 --> 01:02:53.120
like 1800 years and he meets, you know,

1267
01:02:53.120 --> 01:02:56.040
he meets somebody there and they go on some kind of voyage

1268
01:02:56.040 --> 01:02:56.880
or something like that, right?

1269
01:02:56.880 --> 01:02:58.160
That's the book, okay?

1270
01:02:59.040 --> 01:02:59.920
That's book number one.

1271
01:02:59.920 --> 01:03:03.120
Well, book number two is that his sister

1272
01:03:03.120 --> 01:03:05.880
finds the same portal and steps in, right?

1273
01:03:05.880 --> 01:03:08.360
That might be argued to be a derivative work

1274
01:03:08.360 --> 01:03:10.120
off of the original work,

1275
01:03:10.120 --> 01:03:12.220
which means the legal rights for the second book

1276
01:03:12.220 --> 01:03:15.520
actually go to the same party as the first book.

1277
01:03:15.520 --> 01:03:17.400
And if that's the case,

1278
01:03:17.400 --> 01:03:19.800
if you gave those legal rights to a publisher,

1279
01:03:19.800 --> 01:03:21.960
you can't even write the book.

1280
01:03:21.960 --> 01:03:23.520
You see what I'm saying?

1281
01:03:23.520 --> 01:03:27.440
You need to figure out beforehand as a publisher,

1282
01:03:27.440 --> 01:03:30.960
hey, if you're, I mean, as an author,

1283
01:03:30.960 --> 01:03:32.640
hey, you're gonna be my publisher.

1284
01:03:32.640 --> 01:03:35.360
What are the legal rights that you have

1285
01:03:35.360 --> 01:03:37.880
to what I'm going to publish with you?

1286
01:03:37.880 --> 01:03:40.080
I need to know in writing everything

1287
01:03:40.080 --> 01:03:41.640
that you're gonna gain.

1288
01:03:41.640 --> 01:03:42.540
Yes, there's money.

1289
01:03:42.540 --> 01:03:43.660
Yes, there's royalties.

1290
01:03:43.660 --> 01:03:46.680
Yes, there's an amount that I'm going to, you know,

1291
01:03:46.680 --> 01:03:48.040
have to pay upfront,

1292
01:03:48.040 --> 01:03:50.160
but I'm gonna make X amount for, you know,

1293
01:03:50.160 --> 01:03:51.640
this number of books,

1294
01:03:51.640 --> 01:03:54.080
but who owns all right title and interest

1295
01:03:54.080 --> 01:03:55.560
to the original copyright?

1296
01:03:55.560 --> 01:03:57.440
You gotta figure that out.

1297
01:03:57.440 --> 01:03:58.760
And I would look for that,

1298
01:03:58.760 --> 01:04:02.040
look for the terms like the words like license.

1299
01:04:02.040 --> 01:04:05.880
I would look to see what is the license for with Amazon?

1300
01:04:05.880 --> 01:04:07.200
Any royalties?

1301
01:04:07.200 --> 01:04:09.000
I don't think they take royalties,

1302
01:04:09.000 --> 01:04:11.500
but I would double check that, you know?

1303
01:04:12.400 --> 01:04:15.080
So those are the big things like licenses,

1304
01:04:15.120 --> 01:04:18.960
royalties, who owns it?

1305
01:04:18.960 --> 01:04:19.840
You know, are you assigning

1306
01:04:19.840 --> 01:04:21.440
all right title and interest over?

1307
01:04:21.440 --> 01:04:23.080
I've heard that they're very favorable.

1308
01:04:23.080 --> 01:04:24.420
I just have never published with them.

1309
01:04:24.420 --> 01:04:27.080
So I don't know as a fact,

1310
01:04:27.080 --> 01:04:29.480
but I may be able to look around

1311
01:04:29.480 --> 01:04:31.680
and see if I know somebody who has, yeah.

1312
01:04:31.680 --> 01:04:32.520
Good.

1313
01:04:32.520 --> 01:04:33.340
All right.

1314
01:04:33.340 --> 01:04:34.440
Appreciate it.

1315
01:04:34.440 --> 01:04:35.800
My pleasure.

1316
01:04:35.800 --> 01:04:37.760
All right, my friends, we are gonna close there.

1317
01:04:37.760 --> 01:04:40.520
It is 9.36.

1318
01:04:41.960 --> 01:04:43.600
Is this helping you guys?

1319
01:04:43.600 --> 01:04:45.400
By a show of hands, is this helping you guys?

1320
01:04:45.400 --> 01:04:46.220
Awesome.

1321
01:04:46.220 --> 01:04:47.060
All right, good.

1322
01:04:47.060 --> 01:04:48.520
I'm inspired to do day two then.

1323
01:04:48.520 --> 01:04:49.440
Okay, good.

1324
01:04:51.240 --> 01:04:52.060
Awesome.

1325
01:04:52.060 --> 01:04:56.400
So this was day one on trademarks.

1326
01:04:56.400 --> 01:04:59.300
We're gonna cover, we're gonna do some repeat stuff.

1327
01:05:00.000 --> 01:05:04.640
tomorrow in the beginning, because I'm going to go over recitation of goods and services first,

1328
01:05:04.640 --> 01:05:08.000
but then we're going to jump into international classes. We're going to do a trademark search

1329
01:05:08.000 --> 01:05:13.280
together. I'm going to answer maybe one or two questions there and give you a few other things.

1330
01:05:13.280 --> 01:05:18.080
And on top of that, tomorrow we're going to start giving away some prizes too. Hey, Ray, who won

1331
01:05:18.080 --> 01:05:25.120
today? We didn't do Willa Names, but we did get Morgan who answered your question. It was Morgan.

1332
01:05:25.120 --> 01:05:31.520
Okay, cool. Morgan, don't worry, Morgan. I got you. We got you. We got you. We got you, bro.

1333
01:05:31.520 --> 01:05:37.360
That's awesome. I appreciate it. Amen. That's awesome. Hey, also, there were a few VIP members

1334
01:05:37.360 --> 01:05:41.840
whose emails, they didn't get the welcome email. I re-sent it out. There's about seven of you,

1335
01:05:41.840 --> 01:05:46.880
so check your inboxes. You should have all the links there. The replay links will be emailed

1336
01:05:46.880 --> 01:05:51.200
out tomorrow morning, so you guys can watch the sessions again back if you need them.

1337
01:05:51.680 --> 01:05:56.240
And if you didn't get the email, message me on Facebook Messenger. I'll make sure you get it.

1338
01:05:56.800 --> 01:06:02.560
And do me a favor, guys. If you feel inspired to do this, go live in the Facebook group and

1339
01:06:02.560 --> 01:06:08.400
let people know why you like VIP. The reason why is because what we tend to find is by day three,

1340
01:06:08.960 --> 01:06:14.240
there's about 15 or so people that all of a sudden say, I want to go into VIP. And

1341
01:06:15.920 --> 01:06:20.240
if those people come in really late, they end up monopolizing a lot of the time in the end. It's a

1342
01:06:20.240 --> 01:06:26.640
lot better if they get in early. So it's a lot better if they find out about what VIP is early

1343
01:06:26.640 --> 01:06:31.120
from you guys who are actually in VIP. So if you would go live in a Facebook group and just say,

1344
01:06:31.120 --> 01:06:35.760
hey, guys, I was in VIP. This was my experience. Let them know. So then they can make up their own

1345
01:06:35.760 --> 01:06:39.920
mind as to whether or not they should join, as opposed to being on day three or four, in which

1346
01:06:39.920 --> 01:06:45.280
case their hands never go down the last two days because they haven't been able to ask any questions

1347
01:06:45.280 --> 01:06:50.000
before then. So it's just helpful for everybody. And I'm trying to help as many as I can.

1348
01:06:50.720 --> 01:06:55.840
Make sure if you're going to miss any day, do not miss day four. I'm going to be presenting

1349
01:06:55.840 --> 01:07:01.840
something to all of you that I'd say at least half of you are going to want. So it's a surprise.

1350
01:07:01.840 --> 01:07:08.880
It's on day four. Don't forget it's on Thursday. I think that's it. I'm going to jump off. Larissa,

1351
01:07:08.880 --> 01:07:17.680
you can close off with everybody. And I will ping Ray, Jill and Larissa in about five minutes,

1352
01:07:17.680 --> 01:07:23.920
OK? Awesome. Bye, my friends. Have a wonderful evening. I'll talk to you guys later.