WEBVTT

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Morgan got in. Good. Sean's here. Good.

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Josiah's here. Good. Keith. All right. I see the main people I know who have questions.

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That's good. All right. Awesome. And other people will jump in as we're moving along.

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Okay. All right. So tonight we're going to do something that's very different.

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We're going to follow a trademark application live. This process is just as a disclaimer.

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First of all. What I'm showing you is for your own education purposes.

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It's not for you to go find your own applications. You guys can do whatever you want.

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You're all grownups. But the reason why I'm showing you this is so that you'll know everything that your attorney is going to do.

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Everything that their paralegal is going to do. What that does is it allows you to put everything together beforehand.

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It allows you to get all the materials together. And if you give them a complete package, I guarantee your cost is going to be less.

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I guarantee. I mean, you know, you paid 195 to be in VIP. Right. And you're getting five hours of training, additional training.

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And I bill at 600 an hour. So you're going to at least three thousand dollars of value there. Right.

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And I'll say for the challenge itself is 95. So it's like another 3000 there. So, yeah, at least six thousand dollars of value.

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I can tell you that if you get the materials together that I'm going to teach you how to get now.

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You're going to save way more than that on a single trademark application. OK, so you'll make more than your money back.

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It's just just by doing what I'm going to show you now. OK, I'm going to show you all the different parts of a trademark application.

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And. I think would be really, really helpful for you guys is.

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You know, there's something that we've never done, Larissa. And for this for this group, I want to do something a little different.

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I'd like to give them a list of all the parts of a trademark application.

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So I want to create a form that literally is all the parts of a trademark application.

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So can you shoot me a DM on that? I just want to be able to.

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I want to put that together and send it out to everybody. I just think it'll be really helpful.

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OK. Awesome. Now I can see everybody here. Perfect.

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All right. Let me take one or two questions before we jump in, because I'm going to jump into doing the application.

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That's going to take probably about a half hour to 40 minutes to do the application together because you're going to have a lot of questions.

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I guarantee you're going to have a lot of questions. OK, let me take one or two questions now. Is that Judy?

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Judy, how are you? Good to see you.

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Let's see. Does anybody have a question before we jump in?

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Eileen. Eileen. Awesome. All right, Eileen, go right ahead.

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Eileen's like all the way over there. You have to unmute. You're like over there.

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Yeah, it helps when I unmute. Yes. Sorry. OK, so I have a business that I've been running for almost 10 years and I have tons of content,

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like like hundreds of hours of content, like video content, written content.

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I do consulting and I also have two different online options for people.

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One is like a private membership. Another one is kind of like an I call it an academy where they can learn more.

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And I teach people literally how to resolve pain with movement and a lot of other things.

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So. And I sign up how? I haven't really.

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That was perfect. Yeah. So and I'm trying not to say any names, but both of my content websites,

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the one that's the private membership and the one that's the academy, the title is three words.

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Because it's what I want them to achieve. And so and the one it's the three words is my LLC, which I established back in 2011, I think.

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So. It's three words, how do I search three words, because you're saying they're descriptive.

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Well, I'm not saying I don't know your situation. I don't know.

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your situation is descriptive or not, right? But let's say that there actually is a company that's

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called Work Play, what is the name of it? Work Something Play. It's in New Hampshire

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and it's grown very big and they actually own that trademark, right? Because it's not really,

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it's not technically descriptive of the company or what they do. It's what's called

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a suggestive mark, all right? So let me teach all of you about suggestive marks, okay? Probably

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the most powerful of all trademarks that you can own is the suggestive mark, all right? What it

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does is when you hear the word, it suggests what you want, right? It's something that's desirable,

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but it's not descriptive of what you're teaching, right? So like if I have a company called Elite

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Athlete, right? Elite Athlete, or like my company, like Jill said to me one day, Jill Albers,

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who's our PR extraordinaire, she says to me one day, what in the world does ADE challenges mean?

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Literally, she asked me that. What in the world is ADE challenges? I have no idea what that is.

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And I said, it's funny you should ask that because I never really use it. I use the Protect Your

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Idea Challenge. I use the Protection Portal. I use a few other things, but I don't really use ADE

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challenges much. It's the name of the business. And even Pedro Odeo said to me, Pete, we need

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the brand. We need an overall brand for you because you need a big name. Like I'm 100X.

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Who are you? Everything else falls under that. And it's kind of funny as being the 25-year

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trademark veteran, having somebody in marketing saying, you need a brand. It was kind of

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hilarious when you did that. And I said, yep, that's why everyone needs a mentor. And so,

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but in any case, average to elite challenges, that's my brand. That's the name of the company,

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average to elite, right? Now, that's not descriptive of the company, but it most

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certainly is suggestive. Like if you come into my program being average, you're coming out elite.

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So it's average to elite. Now, again, it's not descriptive of the program. It is suggestive of

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what's going to happen to you if you do my program. Do you see the difference?

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So both of my titles would be considered suggestive based on what you're saying.

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Yes. And that's kind of what I felt in the spirit as you were talking. Literally, I felt like,

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actually, no, it's not descriptive. What you're talking about is likely more suggestive.

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And so you have to be able to figure out, is what I'm doing, is the name that I'm using really

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suggestive or is it really descriptive? You got to figure that out. That part there, right?

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Suggestive, most powerful trademarks in the world are suggestive. Most powerful in the world. Why?

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Because when you hear that name, you want to be it. But you hear that name, you're like, man,

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that's who I want to be. That's why I want to be involved with that. Right?

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That's why I chose those names because it's what people want.

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That's why it's so powerful. That's why suggestive trademarks, if you come out with a suggestive

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trademark, never let go of it. If you can maintain it for a long period of time, very powerful.

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So in your situation, if there are three words and it's suggestive, awesome. That's fantastic.

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The question is, how do you search it now? How do I do a trademark search for three words?

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That's the tricky part, right? So what I would do is typically in any trademark, and this is

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not legal advice, all right? I'm just saying, if I were doing something, this is what I would do.

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They're cheers. So this is what I would do. If I had a company name that was three words,

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put together. And one of those words was kind of like a typical, like a normal word, like let's say

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AB corporation. I'm not going to search for corporation because corporation is a generic

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term, right? I don't tend to search for the generic word. I tend to search for the other

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components of the trademark typically. Now you may not understand what I mean by

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generic. I mean like incorporated, corporation, association, administration, corp, business.

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You know, those things are not really things I would search because I can't claim ownership to those words anyway.

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Right.

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You know, because those are generic terms that everybody can use. So I can't really do jack or Jill about that. So I'm just gonna leave that alone. Right.

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So with that, what I'll do instead is I'll search the other words that are in there.

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But I'll first search them together. I'll search it because who knows, I might do a quick search and put quotes around the terms.

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When I put quotes around and I do a search and I see that exact term, I go, oh, man, that's super dead.

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But that's not just dead. That's like dead, dead, dead and dead. And so I can't even come close to that.

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Well, I did. I did search the three words when you had us do it and nothing came up.

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That's good.

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Came up with one of the words, but nothing even two of them.

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So, yeah. Well, all right. So that that begs the question of what's next. Right.

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So what's next is now you search for maybe two of the words together. Right.

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And if you search for two of the words together, it looks clear. Then what I would do next is I would search for each word individually.

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Right. But but remember, as I'm searching, I'm also looking for what exactly is the international class associated with this.

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So I'm not just searching for, you know, Nike or I'm not just searching for like Adidas or I'm not searching just for just do it.

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I'm searching for just do it associated with the class for sneakers. Right.

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Like I'm not just doing this broad, vast, massive search to see everything that exists.

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OK, that's how I start. I start big and then I go narrow. That's how I do it.

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I start like so I'd say let me rephrase that because my word big means all three words to you.

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Big means broader. So let me let me rephrase it. OK, I would start with the entire phrase together first.

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That's what I would do first. The three words together. That to me is like the big word.

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That's what I mean by big. But I would search the three words together first. It looks clear. Great.

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Now I search for two of the words together. I look to see if those two words are available.

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The two words are available. Great. Now I'm searching for individual words in international classes associated with my goods to get an idea of what's similar out there.

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So now as I'm doing a search like I'm not. I search for just do it.

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And oh, there's nothing out there. I search for just do. And then I search for do it.

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Then I search for just it. Right. I just do different sequences.

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And now I see that's clear. I'm going to search for just I'm going to search for do and I'm going to search for it.

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Now, somebody might say, well, that's kind of overkill. Yes, it is.

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And so is litigation. Trademark litigation will cost you a quarter of a million dollars, half a million dollars, three quarters of a million dollars.

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It's the difference between having a good Friday dinner and shutting your company down.

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So somebody had just one of the words. But it was with other words that weren't mine.

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And that would be clear. So let's dig into that. Let's dig into that situation. Right.

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And this is for everybody who's listening, because this is pertinent to everyone. OK.

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So if you're searching for all you're searching for one of the words.

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Now I'm searching for that one word search associated with the goods. Now, if I'm searching for the word just.

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That's kind of crazy because the word you can't own the word just like that's just the word just or did the word do.

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It's kind of hard to own those words alone. Right.

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So when you do a search, you're going to see like a hundred other registrations that have the word just one is like just eat or just ran or just swim or just whatever it is.

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So nobody. Chances are very high. Nobody owns the word just all alone.

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But I'm going to do the search anyway, just to find out the reason why is because if I do search for one of the three words and I see that one word is fairly registered.

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Then if I use that one word with another word, I can run into a trademark infringement issue.

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Right. So you want to look at each of the terms one by word one by one. But if if in looking at them one by one, you're seeing, man, you know, the word is to T.O.

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Really like that. That's so broad, so generic. Nobody's going to own T.O. alone.

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Right. So you've got to use some level of reasoning. And this is why a good lawyer is important, because a lawyer will know how deep to do a search.

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A lawyer is not going to look for the word to for sneakers like those. They're just going to say that's a waste of time. Right.

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Because they have a lot of experience in the air. So in your situation, what I would do.

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Well, in a in a.

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theoretical situation, what I would theoretically do

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is search all the terms and then break it down

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to maybe two of the words in different sequences

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and then search each term individually.

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That make sense?

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Yeah, I think Alicia got it right

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because Alicia is doing like the Snoopy dance over there.

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She's like doing the Snoopy dance like right now,

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like I'm hearing Charlie Brown music

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in the background, you know?

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So with the international class,

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because you keep talking about like goods

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that people are like putting logos on and stuff.

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What if it's a service?

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It's teaching, training.

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Well, services are in international classes too.

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Okay.

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They all have...

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So tonight I'm gonna drop a link

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for everybody to use in Facebook

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and it's gonna show you all the international classes

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like one by one.

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As a matter of fact, is Ray here?

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Ray, are you here?

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Yes.

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All right.

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I have the link, I believe on that sheet

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that we created of all the international classes.

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Do you see it there?

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Did you add it to it?

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I believe I added it there.

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If not, I'll just, I'll drop it in Facebook later

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but if it's on that sheet, drop it in the chat.

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Drop it like it's hot, drop it in chat.

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So there you go.

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I couldn't resist.

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It was just too easy.

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So, all right, let me take one more question.

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Then we've got-

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I'm muting my way all the way through that.

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What?

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I said, I'm muting my way all the way through that.

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Okay.

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Well, if you see it there, then just drop it.

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If you don't see it, then obviously, I'll add it later.

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All right.

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Let me take one more question

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and then I'll take another question

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after we do this entire thing.

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So Morgan, go right ahead.

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Peter, just real quick.

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Earlier in the first session,

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you were talking about descriptions,

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I guess, words, whatever.

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And I had to leave.

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So I didn't understand what you meant by description.

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I kind of get it now piecing it together

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as you're talking through with other questions.

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So can you just make sure I understand clearly

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what you mean by descriptive?

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Descriptive?

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Absolutely, yeah.

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So if to describe the goods

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that are using a specific trademark,

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it requires the words that you want to own,

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then that's called descriptive.

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All right.

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So as an example, I have black shoes on, right?

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So if I want to own it,

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I want to create a shoe company

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and I want a shoe line called black shoes.

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And guess what?

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Those shoes are the color black.

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Okay.

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I can't own that because if I own that,

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then what would happen?

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Nobody else could use the name black shoes ever,

211
00:17:53.840 --> 00:17:56.560
like ever for shoes,

212
00:17:56.560 --> 00:17:58.520
which is not because it's merely descriptive,

213
00:17:58.520 --> 00:17:59.600
I can't own it.

214
00:17:59.600 --> 00:18:00.440
All right.

215
00:18:00.440 --> 00:18:02.560
So I'm going to jump into a trademark application.

216
00:18:02.560 --> 00:18:05.560
Then Sean's going to go first on the question

217
00:18:05.560 --> 00:18:06.600
right after I'm done with that.

218
00:18:06.600 --> 00:18:07.520
Okay.

219
00:18:07.520 --> 00:18:08.680
All right.

220
00:18:08.680 --> 00:18:10.960
Let me do this.

221
00:18:10.960 --> 00:18:13.080
Apple Orchard Farm black shoes.

222
00:18:13.800 --> 00:18:14.640
What?

223
00:18:17.440 --> 00:18:20.640
Well, actually Jackie raises,

224
00:18:20.640 --> 00:18:22.920
I don't know if you meant to be brilliant or not,

225
00:18:22.920 --> 00:18:25.680
but here's, she's shaking her head.

226
00:18:25.680 --> 00:18:26.520
No, I didn't.

227
00:18:27.600 --> 00:18:28.440
All right.

228
00:18:28.440 --> 00:18:30.120
Check this out.

229
00:18:30.120 --> 00:18:31.640
I actually use this,

230
00:18:33.080 --> 00:18:34.480
or I would use this.

231
00:18:34.480 --> 00:18:36.400
It wouldn't be nice if I did it,

232
00:18:36.400 --> 00:18:39.760
but on a final exam in a test

233
00:18:39.760 --> 00:18:42.600
on intellectual property law, right?

234
00:18:43.400 --> 00:18:47.200
You can actually combine descriptive terms

235
00:18:47.200 --> 00:18:49.680
and make them no longer descriptive

236
00:18:50.600 --> 00:18:53.160
by combining them a certain way.

237
00:18:53.160 --> 00:18:56.560
It's a very interesting technique that people can use.

238
00:18:56.560 --> 00:18:58.120
So as an example,

239
00:18:58.120 --> 00:19:00.240
and you can just use it on a different type of good,

240
00:19:00.240 --> 00:19:01.640
like Apple.

241
00:19:01.640 --> 00:19:05.040
Apple obviously is descriptive of produce, right?

242
00:19:05.040 --> 00:19:08.240
But it's most certainly not descriptive of computers.

243
00:19:08.240 --> 00:19:11.600
It's most certainly not descriptive of cell phones, right?

244
00:19:11.600 --> 00:19:15.000
So for that reason, you can have an Apple phone,

245
00:19:15.000 --> 00:19:17.520
you could have an Apple computer,

246
00:19:17.520 --> 00:19:20.080
you could have all these different things that are Apple,

247
00:19:20.080 --> 00:19:23.200
but it's because you're using it

248
00:19:23.200 --> 00:19:24.920
on a different type of good,

249
00:19:24.920 --> 00:19:27.760
even though it's descriptive of a different, another good.

250
00:19:27.760 --> 00:19:30.320
So I don't wanna get things too confusing here,

251
00:19:30.320 --> 00:19:33.360
but basically you can take a term that is descriptive

252
00:19:33.360 --> 00:19:34.840
and make it not descriptive

253
00:19:34.840 --> 00:19:36.640
if you use it on the right good.

254
00:19:36.640 --> 00:19:37.560
All right.

255
00:19:37.560 --> 00:19:39.600
Let me go into,

256
00:19:41.960 --> 00:19:45.000
shh, shh, shh, shh, shh, shh, shh.

257
00:19:45.000 --> 00:19:47.520
All right, I am going to the USPTO website.

258
00:19:47.520 --> 00:19:50.160
You guys should become very familiar

259
00:19:50.160 --> 00:19:51.560
with the USPTO website.

260
00:19:51.560 --> 00:19:53.120
It's free.

261
00:19:53.120 --> 00:19:54.840
It's fun.

262
00:19:54.840 --> 00:19:57.360
If you have nothing else to do in your life,

263
00:19:57.360 --> 00:19:58.600
you can play with it.

264
00:20:00.000 --> 00:20:02.220
But let me show you how to do

265
00:20:02.220 --> 00:20:04.600
an actual trademark application.

266
00:20:04.600 --> 00:20:05.960
All right, now,

267
00:20:09.720 --> 00:20:11.560
I'm gonna share my screen

268
00:20:11.560 --> 00:20:14.420
and God permitting, nothing freezes.

269
00:20:15.380 --> 00:20:16.640
That was kind of crazy.

270
00:20:16.640 --> 00:20:19.760
Ray, we had three times that it froze.

271
00:20:19.760 --> 00:20:21.320
That's never happened before.

272
00:20:23.720 --> 00:20:24.740
That was crazy.

273
00:20:26.040 --> 00:20:27.000
Oh, don't freeze.

274
00:20:27.000 --> 00:20:28.160
Don't you freeze on me.

275
00:20:30.720 --> 00:20:31.900
Oh, it froze.

276
00:20:33.280 --> 00:20:36.600
All right, let me just start it again real quick.

277
00:20:40.920 --> 00:20:41.760
Come on.

278
00:20:43.040 --> 00:20:43.960
Thank you.

279
00:20:48.040 --> 00:20:49.480
All right, one more minute.

280
00:20:58.200 --> 00:20:59.600
Okay, all right.

281
00:20:59.600 --> 00:21:01.700
Let's see if we can get this to work now.

282
00:21:03.000 --> 00:21:04.500
Share the screen.

283
00:21:12.560 --> 00:21:14.560
Okay, can everybody see the screen now?

284
00:21:17.360 --> 00:21:18.200
How about now?

285
00:21:18.200 --> 00:21:19.040
Got it, all right.

286
00:21:19.040 --> 00:21:20.280
That's the USPTO website.

287
00:21:20.280 --> 00:21:24.200
Okay, so what we are going to do now,

288
00:21:24.200 --> 00:21:25.840
come on.

289
00:21:25.840 --> 00:21:26.800
There we go.

290
00:21:29.800 --> 00:21:30.840
It's twice.

291
00:21:33.080 --> 00:21:36.100
Lord, I asked you to fix the means of communication,

292
00:21:36.100 --> 00:21:40.240
whatever's going on in Jesus' name, fix this.

293
00:21:40.240 --> 00:21:41.300
Enough of this.

294
00:21:43.520 --> 00:21:46.280
Let me close a few things here.

295
00:21:46.280 --> 00:21:51.280
One, two, three, four.

296
00:21:54.360 --> 00:21:57.280
All right, can you guys see the screen now?

297
00:21:57.280 --> 00:21:59.120
The USPTO website?

298
00:21:59.480 --> 00:22:00.320
Well, that's kind of a miracle

299
00:22:00.320 --> 00:22:02.160
because the whole thing was shutting down

300
00:22:02.160 --> 00:22:03.280
and then it just turned back on.

301
00:22:03.280 --> 00:22:04.120
That's pretty cool.

302
00:22:04.120 --> 00:22:08.080
All right, so right here on the top,

303
00:22:09.320 --> 00:22:10.680
go away.

304
00:22:12.400 --> 00:22:13.680
Let me move this here.

305
00:22:15.080 --> 00:22:15.920
Go away.

306
00:22:18.680 --> 00:22:19.680
There we go.

307
00:22:19.680 --> 00:22:22.720
You see this little button that says My USPTO?

308
00:22:24.080 --> 00:22:25.480
If you click on that,

309
00:22:26.400 --> 00:22:29.400
you'll be able to log in with your own account.

310
00:22:29.400 --> 00:22:32.240
Now, each of you,

311
00:22:32.240 --> 00:22:34.440
if you ever try to file your own trademark application,

312
00:22:34.440 --> 00:22:36.440
you have to have your own account, okay?

313
00:22:37.840 --> 00:22:40.080
Obviously, I have my own account.

314
00:22:45.480 --> 00:22:49.480
Continue, continue.

315
00:22:49.480 --> 00:22:50.840
I am not a robot,

316
00:22:50.840 --> 00:22:53.480
even though it keeps asking me if I'm a robot.

317
00:22:53.480 --> 00:22:55.920
It keeps asking me if I'm a robot.

318
00:22:55.920 --> 00:22:57.680
As far as I know, I'm not a robot.

319
00:22:58.840 --> 00:22:59.680
Next.

320
00:23:01.360 --> 00:23:02.880
Oh my gosh.

321
00:23:02.880 --> 00:23:07.880
So technically, the helmet is not part of the motorcycle,

322
00:23:08.240 --> 00:23:10.480
but I'll push it anyway.

323
00:23:10.480 --> 00:23:11.520
Verify.

324
00:23:12.760 --> 00:23:14.520
Okay, sign in.

325
00:23:14.520 --> 00:23:16.360
Okay, once you register

326
00:23:16.360 --> 00:23:19.080
with the United States Patent Trademark Office,

327
00:23:19.080 --> 00:23:20.480
this is what you're gonna see

328
00:23:20.480 --> 00:23:23.040
when you click on My USPTO, okay?

329
00:23:23.600 --> 00:23:26.080
This is the screen you're gonna see, okay?

330
00:23:27.880 --> 00:23:30.400
Larissa, can you hear me okay?

331
00:23:30.400 --> 00:23:32.240
I'm gonna keep checking in with you.

332
00:23:32.240 --> 00:23:33.160
Yes, sir.

333
00:23:33.160 --> 00:23:34.520
All right, so if I just ask,

334
00:23:34.520 --> 00:23:37.880
it's because my entire screen right now is all USPTO.

335
00:23:37.880 --> 00:23:39.400
So I just wanna make sure you guys

336
00:23:39.400 --> 00:23:41.120
don't get any interruptions here.

337
00:23:41.120 --> 00:23:42.800
All right, right here on the top,

338
00:23:42.800 --> 00:23:46.560
Trademark Form Finder, File an Application.

339
00:23:46.560 --> 00:23:47.680
That's where you'll be clicking.

340
00:23:47.680 --> 00:23:50.120
File an Application, File a Teeth Application.

341
00:23:51.120 --> 00:23:55.360
Once you file that, it's gonna ask you for verification.

342
00:23:55.360 --> 00:23:57.880
So I'm gonna stop sharing for a second

343
00:23:57.880 --> 00:24:01.240
because this is going into my law firm right now.

344
00:24:01.240 --> 00:24:03.600
So let me get my verification.

345
00:24:04.800 --> 00:24:07.320
It's gonna send you an authentication code.

346
00:24:08.800 --> 00:24:12.560
Once you get your authentication code and put it in,

347
00:24:12.560 --> 00:24:15.160
it does a lot of security that the USPTO uses

348
00:24:15.160 --> 00:24:18.280
to make sure that it's actually you that's filing.

349
00:24:18.280 --> 00:24:19.920
Cause there's been a lot of corrupt stuff

350
00:24:19.920 --> 00:24:22.960
that's been going on, unfortunately, as of late.

351
00:24:22.960 --> 00:24:27.960
So let's see, there's my code.

352
00:24:32.000 --> 00:24:32.840
Yes.

353
00:24:38.040 --> 00:24:39.320
Take one more minute.

354
00:24:43.520 --> 00:24:45.520
Waiting for the USPTO.

355
00:25:00.000 --> 00:25:07.000
Cue the Jeopardy music.

356
00:25:07.000 --> 00:25:08.000
What was that?

357
00:25:08.000 --> 00:25:11.000
Cue the Jeopardy music.

358
00:25:11.000 --> 00:25:14.000
It must be busy right now.

359
00:25:14.000 --> 00:25:19.000
It's got to be busy right now.

360
00:25:19.000 --> 00:25:25.000
Well, you just told everybody to go search, and so our challengers are blowing it up.

361
00:25:25.000 --> 00:25:28.000
I'm pretty sure that's what it is, yeah.

362
00:25:28.000 --> 00:25:30.000
They're not logging in, though, so.

363
00:25:30.000 --> 00:25:34.000
Everybody's searching right now.

364
00:25:34.000 --> 00:25:35.000
Let's see.

365
00:25:35.000 --> 00:25:39.000
Okay, here we go.

366
00:25:39.000 --> 00:25:42.000
Was Zoom crashing for everybody?

367
00:25:42.000 --> 00:25:43.000
What was that?

368
00:25:43.000 --> 00:25:46.000
Was Zoom crashing for everybody?

369
00:25:46.000 --> 00:25:47.000
Is it crashing?

370
00:25:47.000 --> 00:25:48.000
Yeah.

371
00:25:48.000 --> 00:25:51.000
Did anybody else just have any tech issues?

372
00:25:51.000 --> 00:25:52.000
No.

373
00:25:52.000 --> 00:25:53.000
It crashed for me.

374
00:25:53.000 --> 00:25:54.000
Yeah, it was crashing for me, too.

375
00:25:54.000 --> 00:25:56.000
It was kicking me out, and I couldn't get back in.

376
00:25:56.000 --> 00:25:57.000
It's kind of weird.

377
00:25:57.000 --> 00:26:01.000
We usually don't have any issues at all, like ever.

378
00:26:01.000 --> 00:26:02.000
It's kind of weird.

379
00:26:02.000 --> 00:26:04.000
You see Josiah's comment?

380
00:26:04.000 --> 00:26:06.000
No, what did he say?

381
00:26:06.000 --> 00:26:10.000
Zoom is fine, but PTO site is slow.

382
00:26:10.000 --> 00:26:11.000
Yeah, that's the problem.

383
00:26:11.000 --> 00:26:12.000
That's what I'm having.

384
00:26:12.000 --> 00:26:14.000
It's, like, really slow.

385
00:26:14.000 --> 00:26:16.000
You got to tell Tess to hurry up.

386
00:26:16.000 --> 00:26:18.000
It's the government.

387
00:26:18.000 --> 00:26:21.000
They're like, oh, you're showing them how to do something for free?

388
00:26:21.000 --> 00:26:23.000
No, don't do that.

389
00:26:23.000 --> 00:26:25.000
All right, here we go.

390
00:26:25.000 --> 00:26:26.000
We're up and running.

391
00:26:26.000 --> 00:26:27.000
Thank goodness.

392
00:26:27.000 --> 00:26:29.000
Okay, here we go.

393
00:26:29.000 --> 00:26:30.000
All right.

394
00:26:30.000 --> 00:26:32.000
Share screen again.

395
00:26:32.000 --> 00:26:34.000
We're up and running.

396
00:26:34.000 --> 00:26:35.000
Yay.

397
00:26:35.000 --> 00:26:36.000
Share.

398
00:26:36.000 --> 00:26:37.000
Okay.

399
00:26:37.000 --> 00:26:41.000
Let me give it a second, make sure everything's uploaded, everybody can see it.

400
00:26:41.000 --> 00:26:45.000
Can everybody see that?

401
00:26:45.000 --> 00:26:47.000
Yes.

402
00:26:47.000 --> 00:26:48.000
All right, awesome.

403
00:26:48.000 --> 00:26:49.000
Okay.

404
00:26:49.000 --> 00:26:50.000
Oh, look at that.

405
00:26:50.000 --> 00:26:53.000
And it's telling me, all right, Lord, just fix this.

406
00:26:54.000 --> 00:26:57.000
All right.

407
00:26:57.000 --> 00:27:08.000
I'm just going to move.

408
00:27:08.000 --> 00:27:09.000
Wow.

409
00:27:09.000 --> 00:27:12.000
There must be some important people here.

410
00:27:12.000 --> 00:27:14.000
Let's see.

411
00:27:14.000 --> 00:27:20.000
Okay.

412
00:27:20.000 --> 00:27:21.000
Share.

413
00:27:21.000 --> 00:27:23.000
Now we should be able to see it.

414
00:27:23.000 --> 00:27:27.000
Can everybody see the USPTO website now?

415
00:27:27.000 --> 00:27:28.000
See it now?

416
00:27:28.000 --> 00:27:29.000
Okay, great.

417
00:27:29.000 --> 00:27:31.000
All right, so hopefully we don't run into any more problems.

418
00:27:31.000 --> 00:27:32.000
Okay.

419
00:27:32.000 --> 00:27:37.000
So there are a number of different things that you can do on this site.

420
00:27:37.000 --> 00:27:40.000
Oh, come on.

421
00:27:40.000 --> 00:27:42.000
What is going on?

422
00:27:42.000 --> 00:27:44.000
We can still see it.

423
00:27:44.000 --> 00:27:46.000
Yeah, but it's crashing.

424
00:27:46.000 --> 00:27:49.000
It keeps crashing.

425
00:27:49.000 --> 00:27:51.000
Oh, interesting.

426
00:27:51.000 --> 00:27:53.000
Send to Zoom.

427
00:27:53.000 --> 00:27:54.000
All right.

428
00:27:54.000 --> 00:27:55.000
Can you still see?

429
00:27:55.000 --> 00:27:56.000
Yes.

430
00:27:56.000 --> 00:27:57.000
Okay, good.

431
00:27:57.000 --> 00:27:58.000
Let's try to get through this.

432
00:27:58.000 --> 00:28:00.000
Yeah, I can see your cursor moving.

433
00:28:00.000 --> 00:28:02.000
It's starting to move.

434
00:28:02.000 --> 00:28:03.000
Okay, good.

435
00:28:03.000 --> 00:28:05.000
God permit me to keep working.

436
00:28:05.000 --> 00:28:06.000
All right.

437
00:28:06.000 --> 00:28:11.000
Right off the bat, with the trademark application online, you have two choices.

438
00:28:11.000 --> 00:28:17.000
You can file a TEAS Plus application, or you can file a standard application.

439
00:28:17.000 --> 00:28:18.000
What's the difference?

440
00:28:18.000 --> 00:28:21.000
Let me explain the difference between the two.

441
00:28:21.000 --> 00:28:28.000
The TEAS Plus application is where you are going to use the description of goods

442
00:28:28.000 --> 00:28:34.000
or services as provided by the United States Patent and Trademark Office.

443
00:28:34.000 --> 00:28:35.000
Okay?

444
00:28:35.000 --> 00:28:37.000
What do I mean by that?

445
00:28:37.000 --> 00:28:45.000
If you select, as an example, let's say that you're doing sneakers, right?

446
00:28:45.000 --> 00:28:48.000
So you're filing for sneakers for Nike.

447
00:28:48.000 --> 00:28:56.000
Using the USPTO site, you can actually select to type in the word sneakers,

448
00:28:56.000 --> 00:29:00.000
and then the USPTO will tell you what the international class is,

449
00:29:00.000 --> 00:29:03.000
and it will tell you the specific words to use.

450
00:29:03.000 --> 00:29:04.000
Okay?

451
00:29:04.000 --> 00:29:05.000
I'm going to actually use this.

452
00:29:05.000 --> 00:29:08.000
I'm going to do an example with this for you because it's cheaper.

453
00:29:08.000 --> 00:29:10.000
It costs $100 less.

454
00:29:10.000 --> 00:29:15.000
So basically, you're typing in a word to say what you want to protect,

455
00:29:15.000 --> 00:29:17.000
and after you type in the word,

456
00:29:17.000 --> 00:29:20.000
the United States Patent and Trademark Office is going to tell you what

457
00:29:20.000 --> 00:29:22.000
international class it is,

458
00:29:22.000 --> 00:29:25.000
and it's going to tell you what specific words to type in for you.

459
00:29:25.000 --> 00:29:31.000
But the reason why it's less expensive is because the examiner doesn't have

460
00:29:31.000 --> 00:29:35.000
to modify your description of goods or services because you're using the

461
00:29:35.000 --> 00:29:37.000
USPTO's own words.

462
00:29:37.000 --> 00:29:38.000
Okay?

463
00:29:39.000 --> 00:29:45.000
So basically, what I'm saying is TEAS Plus is where you are saying,

464
00:29:45.000 --> 00:29:49.000
I'm okay with using the words used by the Patent and Trademark Office.

465
00:29:49.000 --> 00:29:53.000
And so you type in the word that is related to what you're doing,

466
00:29:53.000 --> 00:29:56.000
then the USPTO tells you the class, tells you the words to type in,

467
00:29:56.000 --> 00:29:58.000
you click a button, and that's it.

468
00:29:58.000 --> 00:29:59.000
All right?

469
00:29:59.000 --> 00:30:00.000
It costs less money.

470
00:30:00.000 --> 00:30:04.400
If you have the ability to do that, do that. It costs you less money. Why not save 100 bucks?

471
00:30:04.960 --> 00:30:10.960
All right. If what you do really doesn't fall cleanly into an international class,

472
00:30:12.000 --> 00:30:16.000
like into one of the descriptions by the United States Patent and Trademark Office,

473
00:30:16.640 --> 00:30:21.120
then you can type in your own words. And that would be the standard option here.

474
00:30:22.080 --> 00:30:26.480
You would click on standard instead. And then you can type in your own words. All right.

475
00:30:27.440 --> 00:30:31.360
We're going to do the first one. I'm going to do a sample of the first one. The second one's easy.

476
00:30:31.360 --> 00:30:35.200
You just type in your words. The first one's more complicated. So I'm going to do the first

477
00:30:35.200 --> 00:30:41.040
one for you. OK. All right. So it's an attorney filing this application. Ironically, even though

478
00:30:41.040 --> 00:30:49.520
I'm a lawyer, if I file an application for myself, I can't say that I'm a lawyer because

479
00:30:50.720 --> 00:30:55.840
then it asks for the email and phone number for your lawyer. And if you're your own lawyer,

480
00:30:57.200 --> 00:31:02.640
the system crashes. So you have to say that you're not a lawyer if you are a lawyer.

481
00:31:03.200 --> 00:31:07.920
It's so funny. The Patent and Trademark Office hasn't figured out how to deal with that yet. So

482
00:31:08.720 --> 00:31:14.480
whatever. And you don't have to worry about number three. So again, you're selecting Ts plus

483
00:31:15.200 --> 00:31:20.480
is attorney filing this? No. And you don't have to worry about this last part. And you click

484
00:31:20.480 --> 00:31:26.240
continue. Now you get to the next screen. All right. Now we start talking about the

485
00:31:26.240 --> 00:31:30.400
fields that we have to enter. These are the fields. So everybody understands

486
00:31:31.360 --> 00:31:34.000
these are the things that your lawyer is going to ask you for.

487
00:31:35.920 --> 00:31:38.960
All the stuff that we're going to go through now, they're going to ask you

488
00:31:38.960 --> 00:31:43.600
who is going to own the trademark. Let's talk about ownership for a second. OK.

489
00:31:44.560 --> 00:31:48.080
I'm not going to I'm not going to stop sharing because I don't want Zoom to

490
00:31:48.720 --> 00:31:52.640
be feisty again. So I'm going to keep the share on while I'm talking. All right.

491
00:31:53.840 --> 00:32:01.360
Who should own the trademark? If you have it in your own name and there is a situation where

492
00:32:01.360 --> 00:32:04.800
there's a potential of trademark infringement, you run the risk of being sued yourself.

493
00:32:06.160 --> 00:32:12.800
OK, because somebody looks and they see, oh, Sonia, Sonia has that name. Oh, and Sonia is

494
00:32:13.200 --> 00:32:18.720
using something very similar to me. Aha. Let me sue Sonia. Right. Which is not going to happen.

495
00:32:18.720 --> 00:32:24.640
We cancel that. That is not going to happen. But separate from that, let's say instead,

496
00:32:24.640 --> 00:32:29.520
Sonia says, you know what, I've got ABC Corporation. So I'm going to file a trademark

497
00:32:29.520 --> 00:32:35.120
application for this word and I'm going to sign. I'm either going to sign or write title

498
00:32:35.120 --> 00:32:39.840
and interest to the company or I'm going to license it to the company and make revenue.

499
00:32:39.840 --> 00:32:44.560
I'm going to have my own company pay me for use of my trademarks. All right. You can do that,

500
00:32:44.560 --> 00:32:49.440
too. You can make money from your own company by licensing your own IP to your own company.

501
00:32:50.000 --> 00:32:55.840
There's some really creative, cool stuff that you can do with IP. All right. So in this case,

502
00:32:55.840 --> 00:32:59.760
let's say you assign all the assets to the company. Sonia says, you know what,

503
00:33:00.560 --> 00:33:04.880
I'm going to sign everything to ABC Corporation. Cool. So then what you do here on the owner of

504
00:33:04.880 --> 00:33:13.040
the mark is you write down ABC Corporation. Right. Why would you do that? Somebody somebody

505
00:33:13.040 --> 00:33:18.240
unmute and tell me why you would want the name why you would want your trademark in the name

506
00:33:18.240 --> 00:33:24.240
of your company and not in your name. So they can't see you personally and take your home.

507
00:33:24.800 --> 00:33:32.560
That's one. Tell me another one. What's a benefit that you get if you own a company

508
00:33:32.560 --> 00:33:39.360
and you spend money on corporate things? This is how you get a write off. Right.

509
00:33:40.320 --> 00:33:44.880
Now, if you if you file for a trademark application in your own name, you don't get a

510
00:33:44.880 --> 00:33:50.480
write off. If you file for it in the name of your company, you get a write off. Pretty clever.

511
00:33:51.280 --> 00:33:56.560
You can actually form an LLC and do a lot of your IP work in the name of the LLC and get write offs

512
00:33:56.560 --> 00:34:01.920
on it. This is not tax advice. I don't have something to drink for tax advice. I only have

513
00:34:01.920 --> 00:34:09.360
water. Right. But this is not tax advice, but people are drinking anyway. But the situation is

514
00:34:10.159 --> 00:34:17.760
that I have a to e challenges, which is an LLC. I have this IP law group, which is an LLC.

515
00:34:17.760 --> 00:34:24.159
And then I have Peter Nevis, which is myself. Right. So all of those things for tax purposes,

516
00:34:24.159 --> 00:34:28.080
they're all looking at me, but I get write offs of this. I get write offs of that.

517
00:34:28.960 --> 00:34:36.159
Right. And then I'm only holding certain income. So it's just it's a clever way to kind of work

518
00:34:36.159 --> 00:34:42.639
the system. So I would look into that. So let's assume that the owner, for all purposes here, is

519
00:34:42.639 --> 00:34:55.920
like, let's say it's a actually I have my trusty little keyboard here. ABC Corp Corporation. ABC

520
00:34:55.920 --> 00:34:59.760
Corporation. Right. That's the owner of the mark. So now.

521
00:35:00.000 --> 00:35:04.600
A DBA is like, are you doing business as another name, right?

522
00:35:04.600 --> 00:35:07.100
So let's say you're doing business under the name,

523
00:35:10.860 --> 00:35:15.860
Git-er-dun, Git-er-dun, there you go, Git-er-dun.

524
00:35:17.840 --> 00:35:21.240
That's what you're doing business as, Git-er-dun, okay?

525
00:35:21.240 --> 00:35:24.160
All right, so now it's a corporation.

526
00:35:25.600 --> 00:35:28.420
When you click on corporation, look at what happens.

527
00:35:30.440 --> 00:35:33.800
Now it asks you for the state of incorporation.

528
00:35:33.800 --> 00:35:35.400
Or if you're in another country,

529
00:35:35.400 --> 00:35:38.440
who are my friends who are in other countries?

530
00:35:38.440 --> 00:35:40.360
There you go, Sonia's in another country,

531
00:35:40.360 --> 00:35:41.680
we've got a few others, right?

532
00:35:41.680 --> 00:35:43.880
So Sonia, where are you located?

533
00:35:43.880 --> 00:35:48.360
Is it Australia, UK, Germany?

534
00:35:48.360 --> 00:35:49.200
Germany?

535
00:35:49.200 --> 00:35:50.040
Okay, Germany.

536
00:35:50.040 --> 00:35:51.320
All right, so let's say it was Germany.

537
00:35:51.320 --> 00:35:55.280
So then down here, you say non-US company,

538
00:35:55.280 --> 00:35:57.120
and you go all the way down,

539
00:35:58.120 --> 00:36:01.280
and you go to Germany, right there.

540
00:36:01.280 --> 00:36:03.840
So Peter, can it be that you put your name

541
00:36:03.840 --> 00:36:07.360
and then you're doing business as the name of your company?

542
00:36:07.360 --> 00:36:09.440
And that way you somehow get a little of both or not?

543
00:36:09.440 --> 00:36:13.000
No, no, no, you can't do that.

544
00:36:13.000 --> 00:36:15.000
Good question though, but no, you can't.

545
00:36:16.400 --> 00:36:18.040
So then you select Germany here,

546
00:36:18.040 --> 00:36:19.920
and obviously there's no US corporation there,

547
00:36:19.920 --> 00:36:23.960
but let's instead assume that it's a US company,

548
00:36:23.960 --> 00:36:27.160
then you select your state of incorporation.

549
00:36:27.160 --> 00:36:31.880
And so let's say it's, let's go to California.

550
00:36:31.880 --> 00:36:32.720
Why not?

551
00:36:32.720 --> 00:36:36.120
Their taxes are so high, let's put California, right?

552
00:36:36.120 --> 00:36:39.960
So would not do that, bad idea, bad idea.

553
00:36:39.960 --> 00:36:42.320
But anyways, let's say that's where you are, right?

554
00:36:42.320 --> 00:36:44.080
Okay, so it's a corporation.

555
00:36:44.080 --> 00:36:47.640
Now, if you're an LLC, you select LLC instead, right?

556
00:36:47.640 --> 00:36:49.120
And it's the same thing,

557
00:36:49.120 --> 00:36:52.800
you end up having to put the information for the LLC.

558
00:36:52.800 --> 00:36:54.320
What's the state of incorporation?

559
00:36:54.320 --> 00:36:57.240
So let's say it's, we're not in Kansas anymore,

560
00:36:57.240 --> 00:36:59.240
but we're going to select Kansas anyway.

561
00:36:59.240 --> 00:37:00.320
All right, now you've got to come up

562
00:37:00.320 --> 00:37:02.400
with a mailing address, right?

563
00:37:02.400 --> 00:37:03.800
So what's the address?

564
00:37:03.800 --> 00:37:08.800
So it's 123, what is it,

565
00:37:11.960 --> 00:37:16.000
123 Can't See Me Drive, right?

566
00:37:16.000 --> 00:37:18.880
That's the name of it, 123 Can't See Me Drive.

567
00:37:18.880 --> 00:37:22.520
And the city is, I don't know,

568
00:37:23.480 --> 00:37:28.480
Yorkshire, Yonkshire, this is getting worse,

569
00:37:30.160 --> 00:37:35.160
Yonkshire, Kansas, all right?

570
00:37:35.240 --> 00:37:39.360
So 123 Can't See Me Drive in Yonkshire, Kansas.

571
00:37:40.920 --> 00:37:42.440
All right, and then you put in your zip code.

572
00:37:42.440 --> 00:37:47.440
So 12345, that's your zip code, okay?

573
00:37:47.520 --> 00:37:49.760
All right, you're not going to have to worry

574
00:37:49.760 --> 00:37:52.040
about this part here unless you're in foreign countries.

575
00:37:52.440 --> 00:37:55.000
Domicile address, if you are, you can ping me,

576
00:37:55.000 --> 00:37:56.920
we can talk a little more about this.

577
00:37:56.920 --> 00:37:58.240
You put your phone number in there.

578
00:37:58.240 --> 00:38:00.440
Now, just to be clear,

579
00:38:00.440 --> 00:38:02.160
whatever phone number you list here

580
00:38:02.160 --> 00:38:03.760
now becomes public domain.

581
00:38:05.320 --> 00:38:06.760
Why am I telling you that?

582
00:38:07.640 --> 00:38:09.480
You go and list your phone number here,

583
00:38:09.480 --> 00:38:13.600
you may end up getting random phone calls, okay?

584
00:38:13.600 --> 00:38:15.760
Now, one of the reasons why you might want

585
00:38:15.760 --> 00:38:18.360
to list your phone number is because,

586
00:38:18.400 --> 00:38:22.040
you know, if somebody, if the examiner wants to call you

587
00:38:22.040 --> 00:38:23.200
during the examination,

588
00:38:23.200 --> 00:38:24.400
you might want to list your phone number.

589
00:38:24.400 --> 00:38:26.560
It's the easiest way to communicate.

590
00:38:26.560 --> 00:38:28.760
So for that reason, I would list your phone number,

591
00:38:28.760 --> 00:38:32.640
but if you have a number that you don't care as much about,

592
00:38:32.640 --> 00:38:36.760
I would list that as opposed to your personal cell.

593
00:38:36.760 --> 00:38:39.200
All right, then you put your email address,

594
00:38:39.200 --> 00:38:41.200
whatever your email address is.

595
00:38:41.200 --> 00:38:46.200
Let's see, I'm learning something.

596
00:38:49.200 --> 00:38:52.320
At gmail.com, all right?

597
00:38:52.320 --> 00:38:54.240
I'm learning something at gmail.com.

598
00:38:54.240 --> 00:38:56.200
That's your email address.

599
00:38:56.200 --> 00:38:58.000
All right, and then you can put your website address

600
00:38:58.000 --> 00:39:00.120
if you want, then you click continue.

601
00:39:00.120 --> 00:39:02.680
Now, I feel like we missed something.

602
00:39:02.680 --> 00:39:03.680
Let me double check.

603
00:39:05.960 --> 00:39:08.040
Owner, nope, we got the owner.

604
00:39:08.040 --> 00:39:10.440
We got the state of incorporation.

605
00:39:10.440 --> 00:39:13.120
We got the internal address, the city, the state,

606
00:39:13.120 --> 00:39:17.840
the country, the zip, phone number, email address.

607
00:39:17.880 --> 00:39:18.760
Okay, let's see.

608
00:39:21.120 --> 00:39:22.840
Oh, it went through, okay.

609
00:39:22.840 --> 00:39:25.760
All right, so all we've put in so far

610
00:39:25.760 --> 00:39:27.280
is our personal information.

611
00:39:27.280 --> 00:39:30.240
Do you realize that people will spend a half hour

612
00:39:30.240 --> 00:39:32.520
to an hour just understanding the stuff

613
00:39:32.520 --> 00:39:33.800
we just talked about?

614
00:39:33.800 --> 00:39:35.600
Now, imagine that you're talking to a lawyer

615
00:39:35.600 --> 00:39:39.000
doing that, who's billing you at five, $600 an hour,

616
00:39:39.000 --> 00:39:41.240
just to get that information together.

617
00:39:41.240 --> 00:39:44.200
Guys, you should have all this done.

618
00:39:44.200 --> 00:39:47.560
I'm going to give you, since you're in VIP,

619
00:39:48.280 --> 00:39:50.560
I'm going to give you a cheat sheet.

620
00:39:50.560 --> 00:39:54.800
It's a form that I hand out to anybody

621
00:39:54.800 --> 00:39:57.240
who hires me to do a trademark application.

622
00:39:57.240 --> 00:39:58.080
I'm going to give it to you,

623
00:39:58.080 --> 00:40:00.440
whether or not you hire me or whatever, I don't.

624
00:40:00.000 --> 00:40:01.100
here, right?

625
00:40:01.100 --> 00:40:03.140
It's just for you to use.

626
00:40:03.140 --> 00:40:06.740
You can fill out this sheet and give it to your lawyer

627
00:40:06.740 --> 00:40:08.220
right off the bat and say,

628
00:40:08.220 --> 00:40:11.820
here, here's all my information, boom.

629
00:40:11.820 --> 00:40:13.580
And now they should be able to pick up that thing

630
00:40:13.580 --> 00:40:16.220
and file an application for you way less expensive

631
00:40:16.220 --> 00:40:17.940
than it normally should cost, okay?

632
00:40:17.940 --> 00:40:18.900
So I'm gonna give you that.

633
00:40:18.900 --> 00:40:21.540
Ray, please like DM me.

634
00:40:21.540 --> 00:40:24.420
It's the sheet that I send to people that do the audit,

635
00:40:24.420 --> 00:40:25.860
okay?

636
00:40:25.860 --> 00:40:28.580
I'm already looking for it to drop it in the chat.

637
00:40:28.600 --> 00:40:31.140
Cool, yeah, we'll give that to the people in VIP.

638
00:40:31.140 --> 00:40:34.800
All right, so now you come down here and you select,

639
00:40:34.800 --> 00:40:36.260
is it a wordmark?

640
00:40:36.260 --> 00:40:39.080
If it's a wordmark, it's standard characters.

641
00:40:39.080 --> 00:40:44.080
If instead it's a logo, you would select design, okay?

642
00:40:45.220 --> 00:40:50.220
So a logo would be design and if it's just a wordmark,

643
00:40:50.500 --> 00:40:53.000
it's gonna be standard characters, okay?

644
00:40:53.000 --> 00:40:56.180
All right, so now since I've selected standard characters,

645
00:40:56.180 --> 00:40:59.440
I now gotta come over here and enter the trademark.

646
00:40:59.440 --> 00:41:01.080
Somebody give me a trademark.

647
00:41:01.080 --> 00:41:03.760
Don't give me your trademark, okay?

648
00:41:03.760 --> 00:41:06.660
Just give me a trademark that we can file for right now.

649
00:41:09.440 --> 00:41:11.720
A name, doesn't, just make it up.

650
00:41:12.800 --> 00:41:13.640
Doesn't matter.

651
00:41:16.880 --> 00:41:19.140
Do, do, do, do, do, do, do.

652
00:41:21.840 --> 00:41:25.800
Any name, anything, anything?

653
00:41:26.420 --> 00:41:28.460
Bueller, Bueller.

654
00:41:28.460 --> 00:41:29.660
Can you see the chat?

655
00:41:29.660 --> 00:41:33.340
We've got Bizips Babes, we've got Acenolite.

656
00:41:33.340 --> 00:41:34.180
Oh, I like that.

657
00:41:34.180 --> 00:41:35.220
Was it, what was it?

658
00:41:37.140 --> 00:41:38.780
B-I-Z.

659
00:41:38.780 --> 00:41:42.740
Bizips, oh my gosh, Bizips Babes, I like that.

660
00:41:42.740 --> 00:41:44.000
That's good.

661
00:41:44.000 --> 00:41:45.940
B-I, man, that's good.

662
00:41:45.940 --> 00:41:49.940
B-I-Z, Bizips Babes.

663
00:41:50.900 --> 00:41:52.620
That's pretty good, I like that one.

664
00:41:52.620 --> 00:41:54.280
Okay, we're gonna go with Bizips.

665
00:41:55.840 --> 00:41:59.240
I'm thinking of these women like with big biceps right now.

666
00:41:59.240 --> 00:42:00.400
I'm getting intimidated.

667
00:42:00.400 --> 00:42:02.520
Bizips Babes, that's good.

668
00:42:02.520 --> 00:42:03.360
All right.

669
00:42:06.560 --> 00:42:08.520
Okay, let's go down now.

670
00:42:09.440 --> 00:42:10.720
We don't need additional statements,

671
00:42:10.720 --> 00:42:13.280
we're just gonna continue, okay.

672
00:42:13.280 --> 00:42:17.120
All right, we're going from Bizips Babes.

673
00:42:17.120 --> 00:42:20.880
So now since Sonia was so awesome in giving us that name,

674
00:42:20.880 --> 00:42:24.020
we are now going to select the goods and services

675
00:42:24.020 --> 00:42:26.620
that we are going to use that name for.

676
00:42:26.620 --> 00:42:28.580
So with that being the case,

677
00:42:28.580 --> 00:42:31.980
let me see if I can shrink this thing down a little bit

678
00:42:31.980 --> 00:42:33.780
so it's not in my way.

679
00:42:34.660 --> 00:42:36.340
Good, now it's not in my way, good.

680
00:42:36.340 --> 00:42:38.060
All right, so now what we have to do

681
00:42:38.060 --> 00:42:39.980
is we have to add the goods and services.

682
00:42:39.980 --> 00:42:43.360
So we're gonna use Bizips Babes for something.

683
00:42:44.480 --> 00:42:47.900
So somebody type in the chat, not Sonia,

684
00:42:47.920 --> 00:42:52.920
what goods or services can be covered by Bizips Babes?

685
00:42:54.720 --> 00:42:56.760
Okay, so what are the goods and services

686
00:42:56.760 --> 00:42:58.360
that we're gonna use that name for?

687
00:42:58.360 --> 00:43:02.000
So I'm just gonna click on add goods and services.

688
00:43:02.000 --> 00:43:02.840
There we go.

689
00:43:04.480 --> 00:43:07.180
So somebody type in, in the chat,

690
00:43:07.180 --> 00:43:10.280
a product that can be protected, a workout routine.

691
00:43:10.280 --> 00:43:11.320
Oh, that's not bad.

692
00:43:11.320 --> 00:43:13.000
Yeah, that's a good one, Ron.

693
00:43:13.000 --> 00:43:15.160
A workout routine for Bizips Babes.

694
00:43:15.420 --> 00:43:19.500
Boxing gloves, I like that one too, that's good.

695
00:43:19.500 --> 00:43:21.700
Boxing gloves are good.

696
00:43:21.700 --> 00:43:22.620
Actually, I'm curious.

697
00:43:22.620 --> 00:43:24.900
I have never searched for boxing gloves.

698
00:43:24.900 --> 00:43:25.740
Let me look.

699
00:43:25.740 --> 00:43:29.100
So all you do is you search in here, boxing gloves.

700
00:43:29.100 --> 00:43:32.100
I have no idea what international class that is.

701
00:43:32.100 --> 00:43:35.140
So let's type boxing gloves and click go.

702
00:43:36.020 --> 00:43:36.940
And look what happens.

703
00:43:36.940 --> 00:43:38.900
You see how simple this is, guys?

704
00:43:38.900 --> 00:43:41.340
This is not that difficult.

705
00:43:41.360 --> 00:43:45.320
The difficulty comes in determining what exactly

706
00:43:45.320 --> 00:43:48.380
are the goods and services you're gonna use it for,

707
00:43:48.380 --> 00:43:49.960
but it's not that difficult.

708
00:43:49.960 --> 00:43:53.560
Ray just dropped in the chat the trademark application form.

709
00:43:53.560 --> 00:43:56.000
This is something that I personally created

710
00:43:57.400 --> 00:43:59.840
and you can use this for yourself

711
00:43:59.840 --> 00:44:01.260
or use it with other lawyers.

712
00:44:01.260 --> 00:44:02.160
I don't care.

713
00:44:02.160 --> 00:44:03.040
This is a gift for you

714
00:44:03.040 --> 00:44:05.840
because you guys spent the time to jump into VIP.

715
00:44:05.840 --> 00:44:08.440
So I know you guys are really digging in.

716
00:44:08.440 --> 00:44:11.200
All right, so boxing gloves.

717
00:44:11.900 --> 00:44:14.100
Now this is really difficult, guys.

718
00:44:14.100 --> 00:44:16.200
Make sure, is everybody paying attention?

719
00:44:17.420 --> 00:44:18.260
Okay, good.

720
00:44:18.260 --> 00:44:20.500
Make sure, because what I'm about to do

721
00:44:20.500 --> 00:44:23.660
is really, really difficult.

722
00:44:23.660 --> 00:44:24.740
So make sure you're focusing.

723
00:44:24.740 --> 00:44:27.060
Everybody wake up, okay?

724
00:44:27.060 --> 00:44:28.180
Because what you have to do now,

725
00:44:28.180 --> 00:44:32.820
you have to move your cursor all the way to the box.

726
00:44:32.820 --> 00:44:34.320
Push it.

727
00:44:34.320 --> 00:44:35.540
Okay, did you get that?

728
00:44:35.540 --> 00:44:37.420
Yeah, hold on, let me do it again.

729
00:44:37.420 --> 00:44:38.940
Make sure everybody's got it.

730
00:44:38.960 --> 00:44:43.600
Move the cursor all the way to the box and push it.

731
00:44:44.480 --> 00:44:45.320
That's it.

732
00:44:45.320 --> 00:44:47.520
Then you just do insert, check the entry.

733
00:44:48.520 --> 00:44:49.360
Done.

734
00:44:51.320 --> 00:44:54.280
I mean, was that difficult?

735
00:44:54.280 --> 00:44:57.040
Was that, does anybody want me to do that again?

736
00:44:57.040 --> 00:44:58.560
I could do it slower.

737
00:44:58.560 --> 00:45:00.040
No, we all got that?

738
00:45:00.000 --> 00:45:07.120
all right good so that's it that's that's all you have to do to select things now now after you

739
00:45:07.120 --> 00:45:14.400
selected your goods you now have to identify what i told you on day one which is is this an

740
00:45:14.400 --> 00:45:21.120
intent to use application or is it an actual use application right am i using it yet yes or no

741
00:45:21.840 --> 00:45:26.960
okay so how many people want this to be an actual use application just by a show of hands

742
00:45:26.960 --> 00:45:34.000
raise your hand just so i know okay um not a lot how many people wanted to be intent to use

743
00:45:35.760 --> 00:45:40.080
all right we got way more people want intent to use and anna marie's like i don't care can we

744
00:45:40.080 --> 00:45:45.680
just move the cursor to the button and push it again that was so much fun uh so let's go back

745
00:45:47.200 --> 00:45:51.360
so let's move down uh and all we're gonna do is we're gonna select

746
00:45:52.320 --> 00:45:58.240
section 1b that's it okay because it's an intent to use application so that's all you're going to

747
00:45:58.240 --> 00:46:07.360
do really easy you're just going to select that right there 1b boom it's going to bring you to

748
00:46:07.360 --> 00:46:12.480
this other screen all right now this is where you're like signing all sorts of documents and

749
00:46:12.480 --> 00:46:18.880
signing a declaration and swearing all sorts of stuff so you may want to read it for the first

750
00:46:18.880 --> 00:46:26.000
time but basically what it's saying is it's saying you understand that what you're filing

751
00:46:26.000 --> 00:46:32.160
is an application that is not being used yet but you intend to use it that's basically all it says

752
00:46:32.160 --> 00:46:37.040
and you understand that at some point when your case gets allowed you're going to have to file a

753
00:46:37.040 --> 00:46:42.800
petition to change it into an actual use application the stuff that we talked about yesterday

754
00:46:42.800 --> 00:46:49.040
so you file intent to use application it gets examined you get an allowance you now have to

755
00:46:49.040 --> 00:46:54.720
file a petition to turn into an actual use application it now goes to registration got it

756
00:46:55.520 --> 00:47:00.880
that that's all this thing is saying it's saying you understand this i understand

757
00:47:01.440 --> 00:47:08.800
that blah blah blah blah everything peter said yes you click the box you come down here

758
00:47:08.800 --> 00:47:18.800
and you click assign filing basis boom done now let me let me just stop there for a second

759
00:47:19.920 --> 00:47:24.960
just for a minute because is does anybody have a question about what i've done

760
00:47:26.720 --> 00:47:32.240
so far is anything confusing about what i've done so far if yes like move your hand because

761
00:47:32.240 --> 00:47:37.440
i see some of you have got your your virtual hand up from earlier so just like move your hand

762
00:47:38.400 --> 00:47:42.160
shake your hand back and forth shake it like you just don't care

763
00:47:42.800 --> 00:47:46.800
and that no everybody's got it looks like everybody doesn't understand oh jackie you

764
00:47:46.800 --> 00:47:55.600
got a question yeah go for it what's your question my friend can you just go back one

765
00:47:59.360 --> 00:48:03.440
can you i can hear you now yeah sorry can you just go back

766
00:48:03.520 --> 00:48:08.800
one absolutely forward again you want to go back one yep yes please

767
00:48:09.760 --> 00:48:16.080
pal go back you want to see me push that button again don't you that was fun no my my computer

768
00:48:16.080 --> 00:48:21.040
froze a little bit so i'm just like oh it's frozen okay hold on can you see the biz apps

769
00:48:22.960 --> 00:48:26.560
babe okay so i'm going to continue from here

770
00:48:26.960 --> 00:48:27.460
yeah

771
00:48:30.560 --> 00:48:35.360
now i'm going to select my filing basis what i'm going to do here actually you know what i'm going

772
00:48:35.360 --> 00:48:39.760
to do i'm going to i'm going to start it over i'm going to check it i'm going to start it over just

773
00:48:39.760 --> 00:48:45.040
so that we can make sure you got it okay yeah so i'm going to collect on i'm going to click on this

774
00:48:45.040 --> 00:48:50.960
let's say i made a mistake i click on this i just come over here and i go remove goods you want to

775
00:48:50.960 --> 00:48:58.560
remove it yep bye-bye gone okay so all i do now is i go down and i click on add goods

776
00:49:00.480 --> 00:49:04.320
and then i just go into the search bar right here can everybody see the screen okay

777
00:49:06.080 --> 00:49:14.720
yes sir okay then you just go right down to boxing gloves and click go go for the biz apps babes

778
00:49:15.280 --> 00:49:22.720
and then you just select the box right here click on that box right there hey peter can you freeze

779
00:49:22.720 --> 00:49:28.240
for a second absolutely ron asked when they're right here kind of like this when there are

780
00:49:28.240 --> 00:49:34.000
multiple options for the same thing and some are more descriptive than others which do you choose

781
00:49:34.000 --> 00:49:38.400
excellent question excellent question ron he always has good questions all right so

782
00:49:39.360 --> 00:49:45.040
it's up to you all right this um so this this is not legal advice

783
00:49:48.160 --> 00:49:52.240
but i will tell you something i like to have things broader

784
00:49:53.120 --> 00:49:59.840
why do i like to have things broader um if i make things something so so narrow like

785
00:50:00.000 --> 00:50:10.640
boxing gloves that are red, that have, you know, a split between, that have like a thumb

786
00:50:11.200 --> 00:50:18.720
portion and then two fingers and then two fingers, that are eight pound gloves, that are red,

787
00:50:19.440 --> 00:50:27.280
that are plastic, I mean, you know, that have a wrap and an expansion slot. If you do all that,

788
00:50:27.600 --> 00:50:33.440
as opposed to just saying boxing gloves, then you're making it so incredibly narrow

789
00:50:33.440 --> 00:50:37.840
that there's a higher chance that somebody else could use a name for something that

790
00:50:38.640 --> 00:50:45.680
arguably is similar. But since you made your recitation of goods so narrow, it made it so

791
00:50:45.680 --> 00:50:51.440
that they can argue that it's not the same. So for that reason, I tend to personally file

792
00:50:51.440 --> 00:50:57.120
for like boxing gloves. Now, if the examiner comes back and says, well, that's too broad,

793
00:50:57.200 --> 00:51:01.440
then I might have to go in and add some more stuff, you know, but in general,

794
00:51:02.400 --> 00:51:06.880
I'd rather just write boxing gloves. Now, something to keep in mind,

795
00:51:07.920 --> 00:51:13.120
if you do a category like shoes, look at what happens with shoes. This is, this is crazy.

796
00:51:14.480 --> 00:51:17.600
You do, oh, I got to take this off first, turn that off.

797
00:51:19.520 --> 00:51:22.480
You could just do gloves and probably end up with multiple.

798
00:51:22.480 --> 00:51:27.040
Look at this, look at everything that comes, there's 225 entries for shoes.

799
00:51:27.840 --> 00:51:34.960
Okay. So there's a lot of different shoes, lots of types of shoes. So what I would do in these

800
00:51:34.960 --> 00:51:39.840
kinds of situations is I'd select shoes and then I'd say, okay, well, what type of shoes am I using

801
00:51:39.840 --> 00:51:47.520
here? Let's see. Do, do, do, do, do, do, do. Volleyball shoes are included. I love volleyball.

802
00:51:48.400 --> 00:51:54.080
And then they're also called athletic shoes, sports shoes, I guess, technically.

803
00:51:56.320 --> 00:52:02.480
And you keep, you know, basketball shoes. Yep. Not football. Cause that would be cleats.

804
00:52:03.200 --> 00:52:10.560
Likely. So you, you'll look down and you try to find, you know, now here's a good question.

805
00:52:10.560 --> 00:52:15.920
What's the difference between foot volleyball shoes and normal volleyball shoes, right? Well,

806
00:52:15.920 --> 00:52:20.800
I remember when I played a lot of volleyball, we had, they actually were shoes that actually had

807
00:52:20.800 --> 00:52:28.240
each toe was individualized in the shoe, which was actually pretty cool. But so there's, there's

808
00:52:28.240 --> 00:52:31.920
all these different categories. So I would select everything that I'm actually using.

809
00:52:33.120 --> 00:52:37.360
And then let's just stop. I'm going to stop there. Anything else I want to grab? No,

810
00:52:37.360 --> 00:52:41.920
let me just stop there. So I stopped there and then I go insert checked entries.

811
00:52:42.880 --> 00:52:49.840
Boom. Now I've got them all. Okay. Why did I, why did I go this route for the biz at babes?

812
00:52:49.840 --> 00:52:55.680
Right? Why did I go this route? The reason why is because sometimes, remember how I told you,

813
00:52:55.680 --> 00:53:01.440
sometimes you're using the trademark on goods and on some things, but you're not using it on others.

814
00:53:01.440 --> 00:53:08.400
This is a good example of where now I am using it on shoes. Yes. I haven't used it on foot

815
00:53:09.280 --> 00:53:14.560
volleyball shoes yet. And I haven't used it on viable shoes yet, but I've used it on the others.

816
00:53:14.560 --> 00:53:21.440
So for those there, I'm going to select section one, a, and then after I select, well, I'll show

817
00:53:21.440 --> 00:53:28.240
you an example. I select section one. Now that I select section one, a I'm going to have to provide

818
00:53:28.240 --> 00:53:36.000
a specimen, an example of use of the, of the, of the name on the goods. It could be a picture

819
00:53:36.000 --> 00:53:39.840
of the goods. It could be a picture of the packaging. There's different things that can

820
00:53:39.840 --> 00:53:45.120
be used as a specimen. So I'm going to have to attach a specimen going to have to describe the

821
00:53:45.120 --> 00:53:52.400
specimen. Like this is a box. Let's say the, the trademark is Nike swoosh. It could be the picture

822
00:53:52.400 --> 00:53:57.600
of the box with the swoosh on it. And then my description would say picture of packaging,

823
00:53:57.600 --> 00:54:04.480
having trademark there on something like that. And now I come down here. I give the data first use

824
00:54:04.480 --> 00:54:10.080
anywhere. Like it could be even internally. When did I start using a swoosh? I put that date in.

825
00:54:10.080 --> 00:54:16.720
And then the first date of use in commerce is the second date that I put in. And then I have,

826
00:54:16.720 --> 00:54:22.560
I just assigned a filing basis and that's it. Now, let me see if I can add a picture,

827
00:54:22.560 --> 00:54:32.400
add or remove specimen. Let's see if this works. Choose a file. Pictures.

828
00:54:34.400 --> 00:54:45.840
Here we go. I love this picture. Open. Attach. Okay, cool. It worked. All right. So now it's in

829
00:54:45.840 --> 00:54:58.240
there. Return to the form. Now description of specimen. I'll just say a packaging for products

830
00:54:59.600 --> 00:54:59.840
has

831
00:55:00.000 --> 00:55:00.400
thing.

832
00:55:02.960 --> 00:55:03.760
Trademark.

833
00:55:04.720 --> 00:55:05.400
There are.

834
00:55:07.080 --> 00:55:15.080
done come down here, I put in a data first use anywhere let's say 0101 2021.

835
00:55:16.080 --> 00:55:19.720
Oh, I have to put in my lashes.

836
00:55:22.880 --> 00:55:28.880
Okay, then I come down over here data first use might be 01.

837
00:55:30.440 --> 00:55:42.360
slash 21 slash 2021 all right, let me explain what this is data first use anywhere, it could be even internally anywhere that you've ever used it right.

838
00:55:44.400 --> 00:55:54.440
And then data first use to the market commerce is like when I started using it across the lines are using it within you know within my state.

839
00:55:55.040 --> 00:56:04.320
In interstate commerce right so if i'm using it if i'm selling from New Hampshire to California that's used in interstate commerce if i'm using it only within my state.

840
00:56:04.960 --> 00:56:17.840
Well, then I should be following the state application, not a federal application because that's not used in interstate commerce, but this would be the date that I actually started using an interstate commerce, then I just come over here and I select assign filing basis watch what happens.

841
00:56:18.840 --> 00:56:37.280
let's see if it works, you know boom look over here see here one a one a one a one a because I selected one a for all of these, so now I come over here and I select the other ones, this one, and this one, these are all intent to use applications, so I select one be.

842
00:56:39.080 --> 00:56:45.200
And there's that box again says, are you sure you're doing this, you wanted to do one be I said yes.

843
00:56:45.480 --> 00:56:48.840
To click assign filing basis and watch what happens boom.

844
00:56:49.960 --> 00:56:54.360
Now I have some things are actually being used some things are intentionally going to be used.

845
00:56:55.360 --> 00:56:57.720
And that's it, and then I just click continue.

846
00:56:58.160 --> 00:57:00.320
And that's it, and then I just click continue.

847
00:57:04.200 --> 00:57:14.400
Now I get to put in things like my docket number, if you have a docket number so let's say 17223 dash 00101.

848
00:57:15.240 --> 00:57:26.960
You put in your email address, if you have a second one let's see let's use that's my paralegal and that's my law firm so let's use a different one let's see secondary email address.

849
00:57:28.680 --> 00:57:29.440
About.

850
00:57:31.080 --> 00:57:31.800
Leads.

851
00:57:33.040 --> 00:57:37.080
Lead people's people's at.

852
00:57:37.080 --> 00:57:42.680
That challenge.com Okay, so now you click continue.

853
00:57:46.520 --> 00:57:58.680
And here you go, it tells you the cost, since everything fell within one international class you're only paying one fee now if if your application fell into multiple classes.

854
00:57:59.000 --> 00:58:15.640
Then you would pay the same fee for every single class it all adds up Okay, you would you would pay for every single class now you've got to sign the document, you got to sign your declaration to show that you know it is you.

855
00:58:17.760 --> 00:58:22.800
To your knowledge, nobody else is using this you didn't steal it from anybody.

856
00:58:22.800 --> 00:58:38.960
you're not minding put all that together and then you just click validate and that's it, that is the process of filing a trademark application basically pretty much every single part of what's going to be done by your attorneys.

857
00:58:40.440 --> 00:58:42.200
Let me stop the share for a second.

858
00:58:43.760 --> 00:58:45.240
and go to.

859
00:58:46.280 --> 00:58:50.440
Full screen okay um.

860
00:58:50.600 --> 00:58:53.600
Okay um.

861
00:58:55.200 --> 00:59:03.920
Okay, so I just laid out every single part of a trademark application turn the lights back on.

862
00:59:07.000 --> 00:59:15.720
i'm here very late it's like 930 they literally just shut down the building, you can tell that it get dark yeah it's kind of dark in here right now they just shut off the lights here.

863
00:59:16.680 --> 00:59:17.680
But it's not bad.

864
00:59:18.360 --> 00:59:19.560
it's not that bad right.

865
00:59:19.760 --> 00:59:29.680
No that's Okay, I don't mind the dark so so basically the situation is that you now know all the parts of a trademark application.

866
00:59:30.480 --> 00:59:37.120
Like that's everything that's there now there may be situations where you need to like if it's a.

867
00:59:38.040 --> 00:59:49.080
If it's services, you have to describe the services right, so you might say working out providing exercise programs or whatever it is just type in that box what you're doing.

868
00:59:49.080 --> 01:00:00.080
And it will give you all these lists of things and you look to see which one is closest to what you're doing and then you click that box and that description gets thrown.

869
01:00:00.000 --> 01:00:02.040
going into your trademark application.

870
01:00:02.040 --> 01:00:03.440
That's what your lawyers are doing.

871
01:00:03.440 --> 01:00:05.720
That's what your paralegals are doing, okay?

872
01:00:05.720 --> 01:00:08.240
Now, obviously they've been doing it a long time

873
01:00:08.240 --> 01:00:11.680
so they know which classes you really should be in.

874
01:00:11.680 --> 01:00:13.120
They know what are the terms

875
01:00:13.120 --> 01:00:15.480
that how you really should describe it

876
01:00:15.480 --> 01:00:17.600
so that you get the maximum impact

877
01:00:17.600 --> 01:00:19.960
of your trademark application, right?

878
01:00:19.960 --> 01:00:24.040
Because if you just go filing things, here's the thing.

879
01:00:24.040 --> 01:00:27.320
If you forgot something, you can't add it later.

880
01:00:27.320 --> 01:00:28.360
It's not allowed.

881
01:00:28.400 --> 01:00:30.120
Cannot add it.

882
01:00:30.120 --> 01:00:33.200
Anne-Marie, I'm gonna choose you in a second, right?

883
01:00:34.200 --> 01:00:35.600
Because you haven't asked a question yet.

884
01:00:35.600 --> 01:00:40.600
So just keep in mind that they will do it better.

885
01:00:42.880 --> 01:00:44.000
Obviously they'll do it better.

886
01:00:44.000 --> 01:00:45.840
But if you can get all these things together,

887
01:00:45.840 --> 01:00:48.600
your specimen, your international class,

888
01:00:48.600 --> 01:00:51.880
your recitation of goods and services, right?

889
01:00:51.880 --> 01:00:54.600
And you put them on the sheet that I'm gonna give you

890
01:00:54.600 --> 01:00:57.720
and you hand that to your lawyer, oh my gosh.

891
01:00:58.560 --> 01:01:00.760
Your costs should go down.

892
01:01:00.760 --> 01:01:03.320
You shouldn't be spending $1,500

893
01:01:03.320 --> 01:01:04.480
for a trademark application

894
01:01:04.480 --> 01:01:06.720
if you put everything together beforehand.

895
01:01:06.720 --> 01:01:09.200
It doesn't make sense, all right?

896
01:01:09.200 --> 01:01:11.240
So is that helpful?

897
01:01:11.240 --> 01:01:13.000
Did that drill help you guys out?

898
01:01:13.000 --> 01:01:13.920
Yeah?

899
01:01:13.920 --> 01:01:15.360
Awesome, awesome.

900
01:01:15.360 --> 01:01:18.880
Anne-Marie, if you're done choking, please feel free.

901
01:01:22.400 --> 01:01:24.400
Okay, the docket number?

902
01:01:25.480 --> 01:01:27.240
Will we have that?

903
01:01:27.240 --> 01:01:28.640
Oh, we wouldn't have it.

904
01:01:28.640 --> 01:01:31.200
Okay, because I'm like, where are we getting that from?

905
01:01:31.200 --> 01:01:34.400
Yeah, so businesses tend to use

906
01:01:34.400 --> 01:01:35.720
what are called docket numbers.

907
01:01:35.720 --> 01:01:38.600
Like we as a law firm, every client,

908
01:01:38.600 --> 01:01:40.080
like I have a few of my clients

909
01:01:40.080 --> 01:01:42.320
who are actually jumped into this challenge.

910
01:01:42.320 --> 01:01:46.120
Some from major corporations, some are startups, right?

911
01:01:46.120 --> 01:01:48.120
And so, yeah, it is a good question, Jill.

912
01:01:48.120 --> 01:01:52.600
And so every client has a different matter number.

913
01:01:52.600 --> 01:01:53.520
It's called a client,

914
01:01:53.520 --> 01:01:56.640
it's actually called a client number, okay?

915
01:01:56.640 --> 01:02:00.320
So like MIT is 17224, I've done this so long.

916
01:02:00.320 --> 01:02:02.480
DNM is 17998.

917
01:02:03.400 --> 01:02:06.040
Like, I just know these numbers off the top of my head,

918
01:02:06.040 --> 01:02:06.880
right?

919
01:02:06.880 --> 01:02:08.440
Like I got a number from my wife, right?

920
01:02:08.440 --> 01:02:09.280
I'm just kidding.

921
01:02:09.280 --> 01:02:11.480
So everybody has like a different number, right?

922
01:02:11.480 --> 01:02:14.480
Everyone has a number, okay?

923
01:02:14.480 --> 01:02:19.480
And so that's what the docket number is.

924
01:02:19.920 --> 01:02:22.760
It's the client number plus the matter number.

925
01:02:22.760 --> 01:02:27.440
So if there's like, MIT is 17614,

926
01:02:27.440 --> 01:02:30.000
Boston Acoustics is 17224.

927
01:02:31.280 --> 01:02:36.160
Well, so now MIT might be 17614

928
01:02:36.160 --> 01:02:37.280
and this is the first matter.

929
01:02:37.280 --> 01:02:40.040
It might be 00001.

930
01:02:40.040 --> 01:02:41.640
But you have assigned that to them

931
01:02:41.640 --> 01:02:43.240
because they're your client.

932
01:02:43.240 --> 01:02:44.240
I do it, right.

933
01:02:44.240 --> 01:02:46.040
Okay, so it's internal thing, okay.

934
01:02:46.040 --> 01:02:48.400
Yeah, so you as a business, you might say,

935
01:02:48.400 --> 01:02:51.240
you know what, we're gonna file a bunch of trademarks.

936
01:02:51.240 --> 01:02:54.520
I wanna be able to identify which one is which

937
01:02:54.520 --> 01:02:56.160
by the docket number.

938
01:02:56.160 --> 01:02:57.080
And so, you know,

939
01:02:57.080 --> 01:02:59.480
cause let's assume like you're gonna do billing

940
01:02:59.480 --> 01:03:00.320
based on it.

941
01:03:00.320 --> 01:03:01.640
You're gonna do accounting based on it,

942
01:03:01.640 --> 01:03:03.080
everything based on it.

943
01:03:03.080 --> 01:03:04.960
You might want everything based on your docket number.

944
01:03:04.960 --> 01:03:10.040
So you might say, you know, this is number 1001.

945
01:03:10.040 --> 01:03:12.680
And then your next application might be 1002,

946
01:03:12.680 --> 01:03:15.120
then 1003, whatever it is.

947
01:03:15.120 --> 01:03:18.320
You can use that field to put whatever you want in there.

948
01:03:18.320 --> 01:03:19.160
Okay.

949
01:03:19.160 --> 01:03:21.960
So then I saw there was also a place too for a website.

950
01:03:21.960 --> 01:03:23.880
Like if you didn't have an actual product,

951
01:03:23.880 --> 01:03:25.680
but you just had a website,

952
01:03:25.680 --> 01:03:28.120
or you had a landing page with your logo,

953
01:03:28.120 --> 01:03:28.960
you would do that.

954
01:03:28.960 --> 01:03:30.880
So if you didn't wanna do that and you had a logo,

955
01:03:30.880 --> 01:03:33.080
you would just have a picture of your logo?

956
01:03:34.000 --> 01:03:36.080
Is that what you would do and not attach to a product

957
01:03:36.080 --> 01:03:38.000
or does it have to be on a product?

958
01:03:38.000 --> 01:03:42.520
The website spot that's provided on the USPTO site,

959
01:03:42.520 --> 01:03:44.480
that's just for your business.

960
01:03:44.480 --> 01:03:46.880
Like, you know, that's if you wanna list your business,

961
01:03:46.880 --> 01:03:49.720
you can list your business site there.

962
01:03:49.720 --> 01:03:53.000
It's not a substitute for your specimen.

963
01:03:53.000 --> 01:03:55.400
You've got to attach a specimen.

964
01:03:55.400 --> 01:03:56.720
It's a requirement.

965
01:03:56.720 --> 01:03:59.720
You can't just say, well, here's the URL, go find it.

966
01:03:59.720 --> 01:04:00.800
You can't do that.

967
01:04:00.800 --> 01:04:03.640
Okay. So you would just attach a picture of it then?

968
01:04:03.640 --> 01:04:05.360
Yeah. Like if it's a product,

969
01:04:05.360 --> 01:04:07.880
then typically people take a picture of the packaging

970
01:04:07.880 --> 01:04:11.920
for the product or the product with the logo on it.

971
01:04:11.920 --> 01:04:13.240
So like-

972
01:04:13.240 --> 01:04:15.880
But if it's not, if it's coaching services,

973
01:04:15.880 --> 01:04:17.640
there's no physical product.

974
01:04:17.640 --> 01:04:19.680
Then that's not gonna be a product, that's a service.

975
01:04:19.680 --> 01:04:21.760
So services are different, right?

976
01:04:21.760 --> 01:04:24.600
The specimen for a service,

977
01:04:24.600 --> 01:04:26.000
what you typically are doing

978
01:04:26.000 --> 01:04:28.360
is you're providing your marketing material

979
01:04:28.360 --> 01:04:31.200
that shows the service that's being provided.

980
01:04:31.200 --> 01:04:33.600
So let's say it's a website, right?

981
01:04:33.600 --> 01:04:36.800
And let's say the name is whatever, right?

982
01:04:38.320 --> 01:04:39.160
You just keep thinking.

983
01:04:39.160 --> 01:04:40.720
ABC Coaching. Yeah. Whatever.

984
01:04:40.720 --> 01:04:42.440
Yeah. ABC Coaching, right?

985
01:04:42.440 --> 01:04:44.880
So it says on the website, ABC Coaching,

986
01:04:44.880 --> 01:04:48.040
but in your recitation of services,

987
01:04:48.040 --> 01:04:50.200
you mentioned a number of things.

988
01:04:50.200 --> 01:04:54.680
You mentioned, number one was training,

989
01:04:54.680 --> 01:04:58.040
training in the area of heart healing, right?

990
01:04:58.040 --> 01:05:00.240
Number two is training.

991
01:05:00.000 --> 01:05:05.000
in sales and business growth, right?

992
01:05:05.540 --> 01:05:10.380
So your specimen needs to show use of that trademark

993
01:05:10.380 --> 01:05:12.060
for those services.

994
01:05:12.060 --> 01:05:14.300
So if I were taking a picture of a website,

995
01:05:14.300 --> 01:05:19.300
this is not legal advice, but there's...

996
01:05:19.300 --> 01:05:24.300
I'm telling you, I say that a lot.

997
01:05:25.220 --> 01:05:26.300
That's my disclaimer.

998
01:05:26.300 --> 01:05:28.100
And all of you guys who signed up here,

999
01:05:28.100 --> 01:05:30.580
you actually clicked a button saying you understood

1000
01:05:30.580 --> 01:05:31.660
this is not legal advice.

1001
01:05:31.660 --> 01:05:33.420
So I'm double covered.

1002
01:05:33.420 --> 01:05:35.340
All right, so here's the thing.

1003
01:05:37.620 --> 01:05:42.620
What you actually do is I would, in that kind of situation,

1004
01:05:43.220 --> 01:05:45.060
like when I filed a trademark application

1005
01:05:45.060 --> 01:05:47.700
for the Protector Idea Challenge,

1006
01:05:47.700 --> 01:05:50.220
I took a picture of my funnel.

1007
01:05:50.220 --> 01:05:53.540
And in the funnel, it offered certain services

1008
01:05:53.540 --> 01:05:57.200
that were listed in my recitation of services, right?

1009
01:05:57.200 --> 01:06:01.440
So if my services are providing sales advice

1010
01:06:01.440 --> 01:06:04.600
to entrepreneurs, then my website by all means

1011
01:06:04.600 --> 01:06:06.640
should say ABC Corporation.

1012
01:06:06.640 --> 01:06:11.640
And underneath it, it should say sales advice 1995,

1013
01:06:13.760 --> 01:06:15.080
something like that.

1014
01:06:15.080 --> 01:06:18.920
So it shows that I'm marketing my services

1015
01:06:18.920 --> 01:06:22.560
that are associated with that trademark, all right?

1016
01:06:22.560 --> 01:06:24.160
Your services have...

1017
01:06:24.160 --> 01:06:25.920
The big thing is your services,

1018
01:06:25.920 --> 01:06:26.920
when you're dealing with services,

1019
01:06:27.640 --> 01:06:28.760
your services have to be listed.

1020
01:06:28.760 --> 01:06:31.720
You have to show your services are being provided.

1021
01:06:31.720 --> 01:06:34.640
You can't say I'm providing financial services,

1022
01:06:34.640 --> 01:06:37.120
and then for your specimen, just show your website,

1023
01:06:37.120 --> 01:06:39.240
and it says nothing about financial services.

1024
01:06:39.240 --> 01:06:41.080
That is not an appropriate specimen,

1025
01:06:41.080 --> 01:06:42.800
and you'll get a rejection.

1026
01:06:42.800 --> 01:06:44.280
The examiner will reject it,

1027
01:06:44.280 --> 01:06:46.520
and now you got to spend money on a lawyer

1028
01:06:46.520 --> 01:06:48.760
getting that fixed, okay?

1029
01:06:48.760 --> 01:06:51.320
So it's best to make sure you do it right the first time.

1030
01:06:51.320 --> 01:06:52.160
Right.

1031
01:06:53.200 --> 01:06:54.840
All right, thank you very much.

1032
01:06:54.840 --> 01:06:56.060
Absolutely.

1033
01:06:56.060 --> 01:06:57.260
Sean, you're up.

1034
01:07:10.500 --> 01:07:11.660
We need you to unmute, Sean.

1035
01:07:11.660 --> 01:07:12.620
Get on mute.

1036
01:07:12.620 --> 01:07:13.540
Sorry.

1037
01:07:13.540 --> 01:07:15.940
Okay, so I mentioned it before,

1038
01:07:15.940 --> 01:07:17.700
and you said that's an interesting question,

1039
01:07:17.700 --> 01:07:20.020
and then to come back to it.

1040
01:07:20.020 --> 01:07:24.660
So this umbrella thing that I have,

1041
01:07:24.700 --> 01:07:27.220
and I don't know whether to say the name.

1042
01:07:27.220 --> 01:07:28.460
No, don't say the name.

1043
01:07:28.460 --> 01:07:31.380
Okay, so I just did a trademark.

1044
01:07:31.380 --> 01:07:34.900
It's a group of books, and they're called this,

1045
01:07:34.900 --> 01:07:37.220
and I'd been using that for a while,

1046
01:07:37.220 --> 01:07:38.820
and I did a trademark search,

1047
01:07:38.820 --> 01:07:42.460
and I don't see that that name is out there.

1048
01:07:42.460 --> 01:07:47.460
Then I started, but somebody does have three books

1049
01:07:48.180 --> 01:07:52.260
copyrighted and registered with that same name,

1050
01:07:52.260 --> 01:07:55.860
and there's also, I set up a Facebook group,

1051
01:07:55.860 --> 01:07:58.920
and I realized there's another Facebook group out there

1052
01:07:58.920 --> 01:08:00.220
with that same name.

1053
01:08:00.220 --> 01:08:03.340
So it's just a little, like, I don't even know which.

1054
01:08:03.340 --> 01:08:04.780
Let's talk about that for a minute,

1055
01:08:04.780 --> 01:08:06.940
and I think we need to end in three minutes

1056
01:08:06.940 --> 01:08:08.260
because we're really late, guys.

1057
01:08:08.260 --> 01:08:12.540
So I know some of you actually want to sleep, so.

1058
01:08:13.980 --> 01:08:14.820
And you know what?

1059
01:08:14.820 --> 01:08:17.300
They probably locked the building at this point,

1060
01:08:17.300 --> 01:08:19.060
so I probably can't even get out,

1061
01:08:19.060 --> 01:08:20.859
but since I used to live in Brooklyn,

1062
01:08:20.859 --> 01:08:23.260
I know how to get out the windows, so I'm all set.

1063
01:08:23.260 --> 01:08:24.620
We'll be fine over here.

1064
01:08:24.620 --> 01:08:29.140
So the point being that in your situation,

1065
01:08:29.140 --> 01:08:31.819
do a federal, I would do a search first.

1066
01:08:31.819 --> 01:08:33.300
You said you did a search.

1067
01:08:33.300 --> 01:08:35.779
So if I did a search and I found out it was clear,

1068
01:08:35.779 --> 01:08:38.359
then what I'm doing is I'm going to look,

1069
01:08:38.359 --> 01:08:40.500
and I'm gonna look at my,

1070
01:08:40.500 --> 01:08:43.779
I'm gonna look at the competition to see what they're doing.

1071
01:08:43.779 --> 01:08:45.819
Are they using the trademark in interstate commerce?

1072
01:08:45.819 --> 01:08:48.420
If they are, then I've got a concern

1073
01:08:48.420 --> 01:08:50.180
because they may predate me.

1074
01:08:50.220 --> 01:08:51.380
If they predate me,

1075
01:08:51.380 --> 01:08:54.380
I might run into a trademark infringement situation.

1076
01:08:54.380 --> 01:08:58.220
In a situation like yours, an IP audit is vital.

1077
01:08:58.220 --> 01:09:01.220
I'm just, you're talking multiple tiers.

1078
01:09:01.220 --> 01:09:06.220
You're talking a main name, books, series, Facebook group.

1079
01:09:07.120 --> 01:09:09.540
I guarantee you've got a lot of other stuff.

1080
01:09:09.540 --> 01:09:11.580
So IP audits become very important.

1081
01:09:11.580 --> 01:09:13.660
You guys are gonna hear about that on Thursday.

1082
01:09:13.660 --> 01:09:16.100
Make sure you're there on Thursday.

1083
01:09:16.100 --> 01:09:18.700
I guarantee you, you guys are gonna want to be there,

1084
01:09:18.700 --> 01:09:20.580
not to mention the special guests and everything,

1085
01:09:20.580 --> 01:09:22.100
but just be there.

1086
01:09:22.100 --> 01:09:24.020
So in your situation, Sean,

1087
01:09:25.700 --> 01:09:28.000
there are multiple levels of things.

1088
01:09:28.000 --> 01:09:33.000
If in fact the federal trademark registration is,

1089
01:09:33.220 --> 01:09:34.700
or the federal trademark that you're,

1090
01:09:34.700 --> 01:09:37.260
or the name that you're going for is clear,

1091
01:09:37.260 --> 01:09:38.960
that still doesn't mean that I can use it.

1092
01:09:38.960 --> 01:09:41.380
I need to check the people that are actually using the name

1093
01:09:41.380 --> 01:09:42.380
and determine whether or not

1094
01:09:42.380 --> 01:09:44.620
there's potential trademark infringement.

1095
01:09:44.620 --> 01:09:46.340
Is it being used for the same goods?

1096
01:09:46.340 --> 01:09:47.960
Is it being used for the same services?

1097
01:09:47.960 --> 01:09:49.560
Where is it being used?

1098
01:09:49.560 --> 01:09:51.160
Where there's, what is their customer base?

1099
01:09:51.160 --> 01:09:52.000
Things like that.

1100
01:09:52.000 --> 01:09:53.800
And that's what a good lawyer will look at.

1101
01:09:53.800 --> 01:09:54.720
All right.

1102
01:09:54.720 --> 01:09:57.240
All right, and with that, we're closing.

1103
01:09:57.240 --> 01:09:59.880
It is 944.

1104
01:10:00.000 --> 01:10:04.040
I apologize that we went late, but you guys are asking a lot of questions.

1105
01:10:04.040 --> 01:10:05.280
I'm trying to help you guys out.

1106
01:10:05.280 --> 01:10:07.160
So I'm staying up late for you guys.

1107
01:10:07.480 --> 01:10:08.640
I'm still at my law firm.

1108
01:10:08.640 --> 01:10:12.240
And when I figure out how to get out of here, I will drive home and eat dinner.

1109
01:10:12.280 --> 01:10:14.080
So bless you all, you guys.

1110
01:10:14.080 --> 01:10:15.840
Is this helping you guys?

1111
01:10:15.840 --> 01:10:18.360
Yes. I'm so glad it is.

1112
01:10:19.000 --> 01:10:20.480
I'm going to leave you, Larissa.

1113
01:10:20.480 --> 01:10:23.440
You guys can rate how things are going from zero to ten.

1114
01:10:24.400 --> 01:10:28.320
And for homework, go out there and

1115
01:10:30.240 --> 01:10:33.160
I don't know if you guys did a trademark search yet.

1116
01:10:33.840 --> 01:10:35.920
I see some of you already did.

1117
01:10:35.920 --> 01:10:39.200
If some of you did not do a trademark search, do a trademark search.

1118
01:10:39.880 --> 01:10:41.280
All right. Go online.

1119
01:10:41.280 --> 01:10:42.960
Go to the USPTO website.

1120
01:10:42.960 --> 01:10:44.480
Do a search, please.

1121
01:10:44.480 --> 01:10:46.600
It's not going to help me. It's going to help you.

1122
01:10:47.400 --> 01:10:48.880
All right. Get used to it.

1123
01:10:48.880 --> 01:10:50.840
And then if you don't understand stuff,

1124
01:10:50.840 --> 01:10:53.160
let us know you don't understand how to use the website

1125
01:10:53.160 --> 01:10:55.160
and we can talk about it a little more.

1126
01:10:55.160 --> 01:10:57.320
OK. Oh, thank you, Morgan. You're awesome.

1127
01:10:58.320 --> 01:11:02.040
All right. And all those those bizzap babes

1128
01:11:02.040 --> 01:11:03.880
or whatever they were called, Sonia.

1129
01:11:03.880 --> 01:11:06.160
That's awesome. This is awesome.

1130
01:11:06.480 --> 01:11:08.480
Bless you guys. Have a wonderful night.

1131
01:11:08.480 --> 01:11:10.400
I'm going to leave you, Larissa, to close up.

1132
01:11:10.400 --> 01:11:14.040
And then, Larissa, we'll jump on in like three minutes

1133
01:11:14.120 --> 01:11:16.320
and just close real quick.

1134
01:11:16.320 --> 01:11:19.480
OK, I dropped you a note.

1135
01:11:19.480 --> 01:11:21.160
All right. I'm going to jump off.

1136
01:11:21.160 --> 01:11:23.400
Thank you, Peter. Thank you so much.

1137
01:11:23.400 --> 01:11:25.080
Thank you, Peter. Appreciate it.

1138
01:11:25.120 --> 01:11:26.720
Oh, it's my honor. My honor.

1139
01:11:26.720 --> 01:11:27.480
I'll see you guys.