WEBVTT

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All right, all right, well, welcome to the first VIP session, this is kind of exciting

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because I know all of you are actually implementing things and have live situations where you're

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trying to figure things out.

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So before we jump in, let's take like a minute or two and like, just go live and mention

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your main takeaways from what we went through in the challenge, because I want to see what

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things really resonated with you, were really important.

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Actually, Jennifer, can you see if you can unmute yourself on your side, or if I have

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to?

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I can.

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You can.

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Okay, good.

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I just want to make sure.

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All right, let's see.

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Hold on.

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Larissa is pinging me.

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Let me just check on what's going on.

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Larissa, hold on one second.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Okay.

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Peter, is there anything you want help with until Larissa gets here?

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Like, do you want to get started?

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And I don't know if you can- if there's anything I can do for you.

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But I'm happy to help for whatever you need.

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Okay, she's all set.

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Yeah.

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I just had to send her- send her one more thing.

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We can get started.

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Thank you so much for that.

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I really appreciate that.

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There she is.

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All right.

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Yeah, apparently there were a number of people that wanted to get in here but didn't know

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how to sign up afterwards, which always happens on day one.

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It's always day one.

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People are like, well, I want in the VIP.

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And so I think we're all set now.

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I think- I think we're all set.

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So I'm going to make you close, Larissa.

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Thank you for helping all those people that needed help.

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I really appreciate that.

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And now you are co-host.

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You're all set.

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All right.

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I'm going to get started.

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Now I need to go help them again.

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I gave them the same wrong link I was using.

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Okay.

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Go ahead.

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Go ahead.

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Okay.

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So, go for it.

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All right.

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So, yeah, let's take a few- a few minutes just to- any of your main takeaways, things

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that were really important, things that stood out, things that you're like, what?

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Like I didn't know that was the case.

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Just go ahead and raise your hand, I'll acknowledge you, and then you can- you can give us some

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of that feedback.

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Go ahead.

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All right.

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Go ahead, Joni.

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Hi, everybody.

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I'm so excited to be here.

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It is absolutely amazing.

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I think my biggest takeaway today was, no matter what, I think it would be a key to

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file federal registration as opposed to just doing it state, even- it doesn't matter what

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you're selling or what you're doing.

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You got to protect yourself.

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So, for me, that was huge.

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I love that.

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Thank you.

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Yeah.

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That's really good, Joni.

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Thanks for sharing that.

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That was really good.

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Karen, you're up.

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Hello, hello, everybody.

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Let's- lovely faces and time together.

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The take- a couple takeaways for me are, I, you know, I have several businesses, brick

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and mortar, online, you know, things like that.

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And some- one's a corporation, one's an LLC, and doing the federal, but also, I did not

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know you can do the intent to use, you know?

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So, I feel like every time I buy a URL, you know, and I know I'm going to use it for a

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challenge, or I'm going to use it for a coaching program, or I'm going to use it for that,

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then I might want to consider that, right?

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You know?

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So, for me, it's going to be- I'm really- the other thing is, there's so much- it opened

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up more questions.

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So, the biggest takeaway is, it answered some, but opened up more.

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So, today, I'll be anxious to learn more as we go.

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So, thanks.

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Yeah.

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Yeah.

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No, it is a good point.

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It's funny.

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One of the- actually, multiple people, I think there were three people that said today, when

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I asked them, you know, what kind of questions do you have for VIP?

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They said, I don't know enough to know what to ask.

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That was actually- and that was such a brilliant comment.

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And so, one of the things I said to them in response was, as you learn, you're going to

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know what to ask.

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And that's very much the case.

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Yeah, I already emailed you during the session.

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Like, I'll probably be doing that.

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Although, you know, okay, here's another question.

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Here's another question.

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Okay, what about this?

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You know?

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So, it's good.

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It's great.

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Yeah.

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Yeah, that's awesome.

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John, go right ahead, my friend.

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Yeah.

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What I liked, when you talked about those dreaded cease and desist letters, you know,

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I shared with you my experience trying to do- we were going to be the smart cookie company

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initially, had all these things coming at me, and I ran- like I said, I ran away.

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from that.

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But now that we have been doing what we've been doing

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for the length of time we have,

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any of those that happen in the future,

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I can go back now and actually say,

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but by the way, it's incorrect.

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You know, I started using this then,

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this is how I've used it.

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And then it's like, I'm going to require you

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to stop using it.

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I was like, yes, dude, come on, that's it, that's it.

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And if you don't behave,

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my friend Peter's going to send you bills for use.

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I love it, John, that is so awesome.

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I love the empowerment, you know,

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because what you see a lot in the industry

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is people will hire a law firm, you know,

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they just want to get the letterhead.

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That's all they care about.

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They don't care about the subject matter of the letter.

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It's just the letterhead.

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When you see the letterhead from a major law firm

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and you get that letter and you're like,

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oh, I better stop because it's from a law firm.

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It's like, no, no, you spent so much time

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and effort building this.

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You don't just give it up.

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Like there's a way to actually know what your rights are.

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And so I'm so glad you mentioned that, John,

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because that shows that there are people

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that are in this exact situation right now.

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Because there's fear, right?

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You built this thing out for whatever period of time,

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two years, three years, 10 years,

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and now we're going to go into this process thinking,

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dun, dun, dun, you know, at any point in time,

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the rug could be pulled out.

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But if you've gone through, so that was brilliant.

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That was a happy dance, Snoopy dance time for me.

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That's good.

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That gives me a very vivid image.

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I like that, John, I like that.

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Libby, why don't you go ahead, please, my friend.

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Hey, yeah.

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But yeah, the whole thing about that common law right

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and about, you know, if you haven't filed a trademark

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and yeah, but you've been using it for a long time,

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you know, you can push back on the big guys.

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Yeah.

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Yeah, yeah, that was one.

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But I do have some questions.

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So when you talk about a corporation,

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you're talking about like Inc., you know, Incorporated?

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Is that what you mean?

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When I'm talking about a corporation?

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Yeah, an LLC and, because I'm trying to work out

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because I've got a proprietary limited company.

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Sure, yeah, yeah, PLC, yeah.

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That's an LLC, is it?

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Your equivalent?

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Well, there's different, right.

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So you're, where are you again?

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Australia.

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Oh, you're in Australia, okay.

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Yeah, so there's different categories of corporations

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in different countries.

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Like in Europe, there are specific types

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that don't exist in the United States.

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There's some in China, there's some in India.

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Like even the Indian legal system,

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it's very much like the old school English system.

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It's really interesting how they work.

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And so, yeah, whatever your corporate formation documents

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are, basically you're creating an entity

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so as to protect you and your personal assets

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and keep the assets of the entity separate.

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So if you ever get sued,

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they can't get at you and your family.

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So that might be, like in the United States,

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that might be like an LLC

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or might be something else in your country.

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It may be a PLC.

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In other countries, there's other names for them.

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It just depends on your specific country,

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what kind of corporate formation entities are available.

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Yeah, yeah.

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So when I refer to like an LLC,

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it's kind of similar to like what you're talking about,

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the PLC.

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You just want to remember,

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like tomorrow we'll have a representative of Canadian law,

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but we don't have somebody for Australian law.

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I can easily get them

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because I have agents in literally every country

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of the world, which is kind of rare,

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but there's no country you can name

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that I don't have an agent.

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So I've literally agents in,

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I mean, just by the grace of God,

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like Malaysia, Indonesia, Pakistan.

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Like if you want to file in Ghana,

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I have agents in Ghana, like literally everywhere.

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It's just, it's the blessing of practicing

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for pretty much 25 years

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and just the grace of God building relationships

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with people all over the world.

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So when people work with me,

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and I'm not saying legally,

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I'm just saying in general,

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I can send them to the associates that I know.

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All right, so Coach Jennifer,

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how are you, my friend?

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Hi, Peter.

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How are you?

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I'm great.

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It's good to see you.

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It's good to see you too.

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Thank you for all of your time.

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My gosh, already just so fabulous.

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So good.

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So my takeaways,

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similar to what John and Karen had said

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about just, A, it raises more questions.

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Some of those I put in the chat.

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So I don't know if I need to just recapture those again,

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like I put them in the other chat or not,

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but yeah, just making my head explode.

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For me, one of the takeaways

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was the difference between the trade name

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with the Secretary of State's office versus a trademark.

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I knew I had filed the one.

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I think this was actually one of the questions I sent you of.

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I'd filed that.

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But now I understand I need to just just go do the federal trademark.

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So that was good.

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That was a huge takeaway.

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I agree with John.

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I like the empowerment of like, no, no, no, no, no, no.

268
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Like this is these are my rights.

269
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This is where I can stand.

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And so what you said about that fear and just having that bit of confidence,

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confidence, you know, especially where there's lots of jargon.

272
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And as you said, letterhead,

273
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you know, alone is intimidating.

274
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And so that was good.

275
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And I appreciated what you said about the referral network.

276
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I didn't realize that like that.

277
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I know enough to know like you can hire someone in a specific area,

278
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but I appreciated the insight into how those referrals work.

279
00:10:50.400 --> 00:10:55.680
And so that to me also, I'm assuming there's some indication then of quality

280
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because if you give me a name in for tax law, if you're referring people there,

281
00:11:01.120 --> 00:11:05.680
then I can probably also assume that person is a good person, a quality person,

282
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because otherwise, yeah, based on what you were saying.

283
00:11:08.760 --> 00:11:10.120
So it's not just get a name.

284
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It's not like someone just looks through their Rolodex and goes, oh, here's five.

285
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Pick one. Right. Yeah.

286
00:11:15.720 --> 00:11:17.240
So that was exactly right.

287
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And Jennifer, that is so incredibly important

288
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because I don't think people understand the the importance of this

289
00:11:24.040 --> 00:11:26.200
in the legal profession.

290
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There's a lot of areas that you cannot fix.

291
00:11:29.280 --> 00:11:34.320
Like if you do it wrong, you can't fix it in the trademark law area in particular.

292
00:11:34.600 --> 00:11:39.320
If you file a trademark application and you have in your recitation of goods

293
00:11:39.320 --> 00:11:43.440
or services and tomorrow, we're actually going to file an application together.

294
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I'm going to show you online what they look like, how to search them.

295
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You and VIP are going to have an extra opportunity.

296
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But let me grab one thing here.

297
00:11:57.440 --> 00:11:59.440
OK, that's good. Good. OK, good.

298
00:12:00.040 --> 00:12:04.440
I just got the confirmation that the entire download for the the video

299
00:12:04.440 --> 00:12:06.760
we just did worked. So I like to see that.

300
00:12:07.040 --> 00:12:09.040
So so you all be getting that.

301
00:12:09.320 --> 00:12:15.000
So what's so important is that when you file like the recitation of goods,

302
00:12:15.000 --> 00:12:19.360
let's say like life is good, life is good, owns that name for T-shirts,

303
00:12:19.360 --> 00:12:22.920
for bags, for like jackets, all sorts of things. Right.

304
00:12:23.400 --> 00:12:25.560
Well, let's say you forgot something.

305
00:12:26.640 --> 00:12:31.800
So you file a trademark application and you said for let's say for

306
00:12:32.960 --> 00:12:35.720
T-shirts and hats, but you forgot bags.

307
00:12:36.000 --> 00:12:37.680
You can't fix it.

308
00:12:37.680 --> 00:12:39.640
Like you can't go back and add them.

309
00:12:39.640 --> 00:12:42.240
You have to file a separate trademark application.

310
00:12:42.960 --> 00:12:46.080
This is why it's important to make sure whoever you're hiring knows

311
00:12:46.080 --> 00:12:49.560
what they're doing, because I'm in the master's mind,

312
00:12:49.560 --> 00:12:53.760
like, you know, with Pedro's group and in there, I represent

313
00:12:53.760 --> 00:12:55.320
a number of the people in there. Right.

314
00:12:55.320 --> 00:12:58.000
They just asked, hey, Pete, will you start representing us?

315
00:12:58.040 --> 00:12:59.760
Yeah, sure, sure. I'll help you out.

316
00:12:59.760 --> 00:13:03.200
But some of them had trademark applications

317
00:13:03.200 --> 00:13:05.360
that actually didn't cover everything they did.

318
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And then we have to worry about is, well, somebody sees that name

319
00:13:09.240 --> 00:13:10.920
and they go, wow, that's a great name.

320
00:13:10.920 --> 00:13:12.840
They're not doing it on hats.

321
00:13:13.400 --> 00:13:15.320
Let me file a trademark application for hats.

322
00:13:16.320 --> 00:13:18.320
And you go, well, hold it. I'm selling hats.

323
00:13:18.320 --> 00:13:21.080
And so you look at your recitation of goods and services and in there,

324
00:13:21.080 --> 00:13:24.000
you notice you have T-shirts, you have bags, you have jackets,

325
00:13:24.000 --> 00:13:26.120
but you forgot hats.

326
00:13:26.120 --> 00:13:30.120
So now it's now you're in a legal battle because you just forgot that.

327
00:13:30.560 --> 00:13:33.400
Well, when you hire an attorney, the attorney should look at your recitation

328
00:13:33.400 --> 00:13:36.680
of services and say, OK, I see jackets, I see T-shirts.

329
00:13:36.680 --> 00:13:37.640
Are you sure this is it?

330
00:13:37.640 --> 00:13:40.240
Because like you're talking about outerwear.

331
00:13:41.000 --> 00:13:43.240
So what about like this?

332
00:13:43.240 --> 00:13:44.120
What about that?

333
00:13:44.120 --> 00:13:46.360
What about, you know, this and that and that?

334
00:13:46.360 --> 00:13:49.320
And those are that's the interaction you want from the lawyer.

335
00:13:49.920 --> 00:13:51.840
So there's certain things you can do on your own,

336
00:13:51.840 --> 00:13:54.640
but there's certain things that are valuable that a lawyer brings to the table.

337
00:13:55.040 --> 00:13:58.360
And so if you just hire somebody like there's a lot of attorneys

338
00:13:58.360 --> 00:14:01.600
that will just file and take the money, but it's and they're not doing

339
00:14:01.600 --> 00:14:03.920
something wrong, they're just not bringing more value.

340
00:14:03.920 --> 00:14:06.560
But when you hire somebody that a lawyer refers.

341
00:14:07.920 --> 00:14:10.960
For you now, you've got two levels of accountability.

342
00:14:11.720 --> 00:14:15.520
You've got the lawyer who referred them where you can call them up and say,

343
00:14:15.520 --> 00:14:17.120
hey, you sent me to this knucklehead.

344
00:14:17.120 --> 00:14:18.720
Why is this not working?

345
00:14:18.720 --> 00:14:20.200
Like what is going on here?

346
00:14:20.200 --> 00:14:21.800
I thought you said he's good.

347
00:14:21.800 --> 00:14:25.520
Now it's so if I refer somebody, I'm going to make sure

348
00:14:25.520 --> 00:14:27.760
I'm sending them to somebody who is really good.

349
00:14:28.800 --> 00:14:31.160
You know, so that you want to be able to roll up on that,

350
00:14:31.160 --> 00:14:35.440
but then separate from that, you know, that person that that you're hiring

351
00:14:35.440 --> 00:14:37.680
actually has done it for a while, has a good history.

352
00:14:38.120 --> 00:14:40.560
So not only do you have the accountability to the person that you know,

353
00:14:40.560 --> 00:14:44.080
but you also know that that person has a reasonable billing rate.

354
00:14:45.200 --> 00:14:47.560
And then I'll add one more thing for all of you,

355
00:14:47.560 --> 00:14:50.400
and then we're going to jump into the questions in detail.

356
00:14:52.800 --> 00:14:54.840
Not only make sure that they have the experience,

357
00:14:54.840 --> 00:14:56.640
but ask them what it's going to cost.

358
00:14:58.720 --> 00:14:59.040
Like.

359
00:15:00.000 --> 00:15:05.360
when you go to how many people when you went to shop for your first home said oh yeah i like that

360
00:15:05.360 --> 00:15:12.400
price i'll take it how many people did that anybody here i mean maybe pedro does but i'm pretty sure i

361
00:15:12.400 --> 00:15:20.240
don't that's like i i that's not how i do business so it makes a lot of sense to say okay i want to

362
00:15:20.240 --> 00:15:26.800
file a trademark application what is this going to cost me beginning to end because you're following

363
00:15:26.800 --> 00:15:30.720
the application but then it gets it has to get examined by the united states patent and trademark

364
00:15:30.720 --> 00:15:37.440
office after it gets examined you might get a rejection there's a cost to follow response to

365
00:15:37.440 --> 00:15:43.360
the office action then once it's allowed if it's an intent to use application you have to change

366
00:15:43.360 --> 00:15:49.600
it to an intent to use application to file that costs money so ask if i file an intent to use

367
00:15:49.600 --> 00:15:55.760
application with you what does it cost beginning to end when do i get hit with different bills

368
00:15:56.800 --> 00:16:01.440
like ask these questions like okay i filed the application how long is it going to take to get a

369
00:16:01.440 --> 00:16:05.760
first office action the lawyer is going to say how in the world did you know what an office action was

370
00:16:07.040 --> 00:16:10.240
that's the first question the lawyer is going to go because now you just went from this kind

371
00:16:10.240 --> 00:16:16.320
of client to this kind of client all of a sudden the lawyer is is thinking okay i can't i can't

372
00:16:16.320 --> 00:16:21.680
just tell them oh i'm doing whatever i want to do they know what an office action is most people

373
00:16:21.680 --> 00:16:26.560
don't know what an office action is so and when you call up your attorney you say hey i want to

374
00:16:26.560 --> 00:16:30.400
file a section 1b application now you're really going to blow their mind they're going to go

375
00:16:31.280 --> 00:16:35.280
how in the world do you know what a section 1b application is how do you know what an intent to

376
00:16:35.280 --> 00:16:40.320
use application is that means i've really got to use like the white gloves with this person

377
00:16:40.320 --> 00:16:46.000
because they know what they're doing it changes the it changes the relationship with the attorney

378
00:16:46.000 --> 00:16:51.040
it just does so for that reason i would throw some of the terms out there you know it's it's

379
00:16:51.040 --> 00:16:56.400
going to help you okay and with that i am going to start jumping into some of these questions

380
00:16:58.080 --> 00:17:06.640
and like i said tomorrow all of you get the the wonderful opportunity to partake in a

381
00:17:06.640 --> 00:17:14.079
trademark application why is this important um let me pin myself for a second actually

382
00:17:15.599 --> 00:17:19.760
larissa can you pin me now since i'm going to be doing a lot of the the solo speaking now

383
00:17:20.480 --> 00:17:20.880
thank you

384
00:17:23.440 --> 00:17:27.920
and then when when i have specific individuals then you can just pin them in too okay

385
00:17:28.480 --> 00:17:36.320
put them on a spotlight um a lot of laughing yes an email will go out as soon as like five days end

386
00:17:36.320 --> 00:17:41.200
ish when peter has finished the downloads and stuff and you'll have links to both the challenge

387
00:17:41.200 --> 00:17:47.200
and the vip session for each day and you too you'll find out why he doesn't put these in facebook

388
00:17:49.760 --> 00:17:56.480
thank you all right can you pin me up now am i pinned can you guys see me in the middle right

389
00:17:56.480 --> 00:18:00.720
now or am i or am i in gallery i'm in the middle all right awesome great thank you larissa all

390
00:18:00.720 --> 00:18:04.400
right so i'm going to start going through some of these questions because and first of all your

391
00:18:04.400 --> 00:18:10.240
questions were amazing um these are real life situations clearly some of you have gone through

392
00:18:10.240 --> 00:18:18.160
some bad situations i can tell because some of these questions are like why did they get away

393
00:18:18.160 --> 00:18:21.520
with this why did they get away with that and so we're going to walk through them one by one

394
00:18:22.320 --> 00:18:28.160
um just so you understand tomorrow for the trademark application if you do have your

395
00:18:28.160 --> 00:18:34.640
own application um it's going to be beneficial to have that ready beforehand because we're going

396
00:18:34.640 --> 00:18:39.360
to go step by step i'm going to share my screen i'm going to go through every single check box

397
00:18:39.360 --> 00:18:44.880
with you one by one i'm going to explain to you what every field means and since you're in the vip

398
00:18:44.880 --> 00:18:50.960
you're going to get the recording okay so you can look back at it later so if in the future you want

399
00:18:50.960 --> 00:18:55.920
to file a trademark application you can look at it all right i love that patricia that's so good

400
00:18:55.920 --> 00:19:03.040
thank you i love that all right i'm going to start out with um a question that i received recently

401
00:19:03.040 --> 00:19:08.400
because i know a number of people here actually asked the same question all right so the question

402
00:19:08.400 --> 00:19:17.600
is what if someone has filed a state application but not federal can i still sell products in all

403
00:19:17.600 --> 00:19:26.160
the states or do i need to exclude that state where my name is filed okay all right so this

404
00:19:26.160 --> 00:19:34.160
falls into the common law and common law versus federal area and john this was one of your questions

405
00:19:34.240 --> 00:19:39.840
so i'm going to let you unmute like i mentioned before i'm going to let people do hot seats here

406
00:19:39.840 --> 00:19:45.520
yeah for interaction but let me start out with the general summary so what if someone has filed

407
00:19:45.520 --> 00:19:53.360
a state application so got a state application let's say it's florida but not federal got that

408
00:19:53.360 --> 00:19:59.360
can i still sell products in all states or do i need so the first question is do you predate them

409
00:19:59.360 --> 00:19:59.920
that's the first

410
00:20:00.000 --> 00:20:07.920
question. Okay. So if you predate them, so let's say they get the federal registration or they get

411
00:20:07.920 --> 00:20:14.160
a state registration in Florida, but you predate their use in Florida, then you can continue

412
00:20:14.800 --> 00:20:23.280
doing what you're doing. Okay. Now just remember that you will be limited to the specific

413
00:20:24.160 --> 00:20:30.960
geographical regions where you sold in Florida prior to their state registration. Okay. So in

414
00:20:30.960 --> 00:20:36.240
Florida, there's a lot of areas in Florida, right? Right. Pensacola, there's like Cape Coral,

415
00:20:36.240 --> 00:20:41.280
there's like all these places. So if you sold in all geographical regions of Florida

416
00:20:41.840 --> 00:20:44.720
before them, and then they got a state registration, they can't stop you.

417
00:20:45.280 --> 00:20:50.400
Chances are you didn't sell in every single geographical region of Florida. So that means

418
00:20:50.400 --> 00:20:57.920
you could continue. If you were selling before them in Florida, before they got a federal

419
00:20:57.920 --> 00:21:03.200
registration, you could still sell in those specific geographical regions where you were

420
00:21:03.200 --> 00:21:09.360
selling in Florida, but nowhere else in Florida. Okay. So like the New York example I gave before,

421
00:21:09.360 --> 00:21:16.640
where somebody else owned Queens, and then I get a federal registration, I can use it everywhere,

422
00:21:17.600 --> 00:21:22.080
but they can continue using it in Queens. And in fact, I can't use it in Queens because they own

423
00:21:22.080 --> 00:21:27.920
Queens. Same thing with you. The tricky part, the dangerous part in this area, John, and why there's

424
00:21:27.920 --> 00:21:33.600
so much litigation in this area as a litigator. The reason why this is so dangerous is that you

425
00:21:33.600 --> 00:21:41.280
need to be able to prove your use in interstate commerce, right? So you're going to have to show

426
00:21:42.080 --> 00:21:46.080
that every single geographical region where you're saying you've been using it,

427
00:21:46.640 --> 00:21:52.160
you've been using it. So that means sales receipts. That means trade show visits.

428
00:21:53.040 --> 00:22:01.360
There's a lot of ways you can show actual use in interstate commerce, but it can be a real pain.

429
00:22:02.000 --> 00:22:05.520
And this is where the lawyers make a lot of money because it's a battle of evidence.

430
00:22:06.160 --> 00:22:14.400
Okay. So this is why I tell people, if you're going to sell something across state lines,

431
00:22:14.400 --> 00:22:20.480
go federal all day long. If you're only selling in state, you really can't go federal because

432
00:22:20.480 --> 00:22:26.080
you don't have any use in interstate commerce. But the second you go across the lines immediately,

433
00:22:26.080 --> 00:22:32.160
275 bucks online. So simple. Your life will be a lot easier. No more battles.

434
00:22:32.640 --> 00:22:36.880
Yeah. Go ahead, John. Did you follow up to that?

435
00:22:36.880 --> 00:22:42.560
Yeah. So basically getting to that point about Yummylicious Cookies, as we go through and we

436
00:22:42.560 --> 00:22:49.680
file that, let's say there's been somebody in Waco, Texas that has a Yummylicious Cookies shop.

437
00:22:50.720 --> 00:22:58.880
I don't think they exist. I continually check. But there's nothing federal. There's nothing else

438
00:22:58.880 --> 00:23:06.720
that's crossing that. Let's say they've been established since 2005. And so then I file this

439
00:23:06.720 --> 00:23:12.480
federal thing. So my question really is those little tiny pockets. And again, I don't expect

440
00:23:12.480 --> 00:23:20.720
them to push back unless somebody franchises in Waco, Texas, our product. But if they did come

441
00:23:20.720 --> 00:23:26.720
back and say, no, we're turning it around on you. Here it is, 05 Yummylicious Cookies. We've been

442
00:23:26.720 --> 00:23:32.960
selling in the Waco region. Then I have to exclude them from my websites or my franchise.

443
00:23:32.960 --> 00:23:37.680
You got it, brother. You got it. And you just named something that's very difficult

444
00:23:37.680 --> 00:23:43.680
for implementation. And that's the website. Because if you're selling things online,

445
00:23:43.680 --> 00:23:49.760
I can tell you how people do this. Again, none of this is legal advice. And just to be clear,

446
00:23:49.760 --> 00:23:55.040
one of the things that I always do before I start VIP is I ask people to type in the chat,

447
00:23:55.040 --> 00:24:00.720
not legal advice. So please, everyone type in not legal advice. There's a real reason why I'm

448
00:24:00.720 --> 00:24:05.680
doing this. Because unless you are my clients, I cannot give you legal advice. The ethical

449
00:24:05.680 --> 00:24:12.640
standards for lawyers are off the charts. And so I have to be very careful. So what I'm doing is

450
00:24:12.640 --> 00:24:17.360
I'm telling you how the law works. Then you speak to your lawyers to figure out how you do things.

451
00:24:17.360 --> 00:24:22.240
So what you're talking about is basically a situation where under common law, somebody's

452
00:24:22.240 --> 00:24:27.200
been using a certain trademark, you get a federal registration, and then you want to sell. But the

453
00:24:27.200 --> 00:24:33.920
question is, how in the world am I in implementation? If I'm selling online, how in the world am I

454
00:24:33.920 --> 00:24:39.680
supposed to shut down Waco, Texas? Like, how do I do that? Like, I can't really implement that.

455
00:24:39.680 --> 00:24:43.840
This is where procedures internally within corporations become very important.

456
00:24:44.400 --> 00:24:48.640
So your shipping department, your individuals will handle this. When your sales come in,

457
00:24:48.640 --> 00:24:54.960
and somebody has in their Waco, Texas, then you have to tell them, look, we, you know, well,

458
00:24:54.960 --> 00:24:59.840
there's two ways you can do this. Actually, that's really creative. There's two ways you can do it.

459
00:25:00.000 --> 00:25:04.840
this. I'm going to do you one better, John. You want more

460
00:25:04.840 --> 00:25:05.920
cookies, aren't you, Peter?

461
00:25:06.920 --> 00:25:11.800
Brother, your cookies are good, man. So I got in a battle with

462
00:25:11.800 --> 00:25:15.400
my one of my daughters over a cookie. That's pretty sad. So

463
00:25:17.680 --> 00:25:22.520
you could I don't know if this will work. We'd have to talk in

464
00:25:22.520 --> 00:25:25.000
more detail. But one of the things you could potentially do

465
00:25:25.840 --> 00:25:34.080
is send cookies to that region without any labeling without any

466
00:25:34.080 --> 00:25:38.000
marketing without anything like that, right? The problem, though,

467
00:25:38.000 --> 00:25:41.120
is that you're marketing on your website, the service, so it's

468
00:25:41.120 --> 00:25:44.520
really not gonna work. Yeah, you would have to have a generic,

469
00:25:44.760 --> 00:25:48.480
you would have to have a generic brand that you make available to

470
00:25:48.480 --> 00:25:52.040
the regions where you can't sell. Yeah, you know, but it,

471
00:25:52.320 --> 00:25:55.600
John, that would be so messy, that the simple way to do it is

472
00:25:55.600 --> 00:25:58.480
just don't sell in that region. Because, you know, it comes down

473
00:25:58.480 --> 00:26:00.880
to likelihood of confusion. That's the analysis. And

474
00:26:00.880 --> 00:26:02.880
tomorrow, we're going to go through how you determine

475
00:26:03.800 --> 00:26:06.240
whether or not there's a likelihood of confusion to

476
00:26:06.240 --> 00:26:09.600
determine if there's infringement. And if you cannot

477
00:26:10.160 --> 00:26:14.760
determine that, clearly that you don't infringe, I wouldn't play

478
00:26:14.760 --> 00:26:18.160
with it. You're, you're well on your way. Don't you don't want

479
00:26:18.160 --> 00:26:21.280
to have these kind of, right, these kind of things, jump up.

480
00:26:21.600 --> 00:26:24.240
Larissa, you're, you're raising your hand. What's up?

481
00:26:25.560 --> 00:26:30.840
We potentially still ship there? No, no, no. Okay. No. Yeah.

482
00:26:33.080 --> 00:26:36.000
There's plenty of other areas to sell, right? There's plenty of

483
00:26:36.000 --> 00:26:38.560
other areas. Oh, yeah, there's plenty of other areas. And you

484
00:26:38.560 --> 00:26:41.360
don't need to tell the world why you're doing this. But the the

485
00:26:41.360 --> 00:26:44.480
main thing is, if that company reaches out to you and says,

486
00:26:44.480 --> 00:26:48.680
Hey, you're selling in my, in my, in my geographical region,

487
00:26:48.960 --> 00:26:52.320
you can say them No, I'm not. It's like, look, you know, even

488
00:26:52.320 --> 00:26:55.200
any orders that come in, I don't take them in your region. Yeah.

489
00:26:55.240 --> 00:27:00.760
But by the way, you may actually want to work with me. Because I

490
00:27:00.760 --> 00:27:03.160
own the federal registration for that trademark. And you know,

491
00:27:03.160 --> 00:27:05.560
and maybe we can do something together. Maybe we can work

492
00:27:05.560 --> 00:27:08.120
together. You know, see, one of the things that people don't

493
00:27:08.120 --> 00:27:10.880
realize is that ownership of intellectual property doesn't

494
00:27:10.880 --> 00:27:14.680
need to be animosity. It can be the building of a relationship.

495
00:27:14.680 --> 00:27:18.120
I just walked somebody two weeks ago, into building a

496
00:27:18.120 --> 00:27:20.880
relationship where she's in a different country from another

497
00:27:20.880 --> 00:27:24.760
party. And now they're working together. Now, another party,

498
00:27:24.800 --> 00:27:27.880
another person might try to do that didn't work. But every once

499
00:27:27.880 --> 00:27:32.040
in a while, you can build a powerful empire, so to speak, by

500
00:27:32.040 --> 00:27:34.800
having strong alliances, it doesn't always have to be stop,

501
00:27:34.800 --> 00:27:37.480
or I'm going to sue you. Yeah. All right. Let me go to somebody

502
00:27:37.480 --> 00:27:40.280
else kingdom. That's really kingdom, Peter. That's what it's

503
00:27:40.280 --> 00:27:43.120
supposed to be brother, right? So opposed to flow, kingdom

504
00:27:43.120 --> 00:27:46.520
flows, right? The enemy comes to stop everything kingdom flows.

505
00:27:46.840 --> 00:27:50.720
So sometimes you need the reason why I have people in this or why

506
00:27:50.720 --> 00:27:55.400
you're all in this protector idea challenge is not just to

507
00:27:55.400 --> 00:27:58.560
come out there and boss people around. It's to know what you

508
00:27:58.560 --> 00:28:03.360
own. It's to know the foundation is solid. Once you have that you

509
00:28:03.360 --> 00:28:06.680
can negotiate. If you don't even know what you want. How can you

510
00:28:06.680 --> 00:28:10.960
negotiate if you don't even know what you want? So my my

511
00:28:10.960 --> 00:28:14.600
desire is to equip you to understand what you own first.

512
00:28:15.400 --> 00:28:23.880
Alright, so let me go into another one here. All right,

513
00:28:24.760 --> 00:28:33.280
Jennifer Flannery. So Jennifer, you send me like a book. Okay,

514
00:28:33.600 --> 00:28:34.320
so

515
00:28:35.200 --> 00:28:37.880
technically only two more questions and john sent you he

516
00:28:37.880 --> 00:28:41.320
told me yes, that's true. I think you compared notes. I'm

517
00:28:41.320 --> 00:28:43.920
just saying, I think you compared notes. So this is what

518
00:28:43.920 --> 00:28:46.640
I'm going to do because I'm going to address a number of

519
00:28:46.640 --> 00:28:49.800
your things. But I want you to tell me which of which two of

520
00:28:49.800 --> 00:28:51.360
these is the most important to

521
00:28:53.760 --> 00:28:58.000
I don't have my list in front of me. One of them you answered

522
00:28:58.000 --> 00:29:01.600
already in the regular session about where your clients are

523
00:29:01.600 --> 00:29:05.560
like the international piece because that's a concern. For

524
00:29:05.560 --> 00:29:12.680
me. Um, so you can you can pick off the list because I'm gonna

525
00:29:12.680 --> 00:29:16.320
read some as an example, you have one of the questions says,

526
00:29:17.360 --> 00:29:21.080
right now some of the work I've created, I've given for free as

527
00:29:21.080 --> 00:29:24.600
a resource to those and I'm not going to say where, but other

528
00:29:24.600 --> 00:29:28.520
things I've created and will create. I know I want to

529
00:29:28.520 --> 00:29:30.680
protect. Okay. So

530
00:29:32.360 --> 00:29:35.960
let me talk about coaching in general. I'm going to talk about

531
00:29:36.000 --> 00:29:39.120
trademarks and copyrights. We're going to learn about copyrights

532
00:29:39.160 --> 00:29:42.200
on Wednesday, but I'm going to give you a preview now. Okay.

533
00:29:42.760 --> 00:29:45.440
And everybody should hear this because I know a number of you

534
00:29:45.440 --> 00:29:49.760
are coaches. And I know a number of you speak to a lot of other

535
00:29:49.760 --> 00:29:53.160
individuals are either heading up ministries where you're

536
00:29:53.160 --> 00:29:55.920
helping others or guiding others. So you're training

537
00:29:55.920 --> 00:29:59.520
others. Okay. Now as a coach, you come up with your own

538
00:29:59.520 --> 00:30:00.040
programs.

539
00:30:00.000 --> 00:30:01.960
you come up with your own materials, you come up with your

540
00:30:01.960 --> 00:30:05.440
own flowcharts, your own, you may even come up with your own

541
00:30:05.440 --> 00:30:10.440
videos. You know, you come up with content, original content.

542
00:30:10.680 --> 00:30:13.780
Okay, how many of you here are coaches? Just raise your hand

543
00:30:13.780 --> 00:30:18.120
for a second. Look at that. Oh my gosh, that's a lot. That's a

544
00:30:18.120 --> 00:30:22.160
lot of coaches. Okay. That must be part of why the name pie the

545
00:30:22.160 --> 00:30:25.280
word pioneer came up so strong in the spirit. All right,

546
00:30:25.280 --> 00:30:30.000
because you are training others. So as a coach, when you create

547
00:30:30.040 --> 00:30:35.000
your materials, let's say that I'm doing a training, well,

548
00:30:35.360 --> 00:30:37.560
there's a perfect example, I'm running a challenge with you.

549
00:30:38.080 --> 00:30:40.600
I've sent you that worksheet, you see the worksheet that I

550
00:30:40.600 --> 00:30:43.800
sent you over that actually shows you all the different

551
00:30:43.800 --> 00:30:46.000
areas of intellectual property, and you go straight up, and

552
00:30:46.000 --> 00:30:47.760
you're like, this is a trademark, there's a copyright,

553
00:30:47.760 --> 00:30:50.720
there's a patent. From that sheet right there. What do you

554
00:30:50.720 --> 00:30:54.720
see on the bottom of that sheet? My copyright notice,

555
00:30:55.240 --> 00:30:59.240
it's right there. Right? So that's letting everybody know,

556
00:30:59.560 --> 00:31:02.040
you do not have permission to make a copy of what I've given

557
00:31:02.040 --> 00:31:04.880
you, I've given you this, because I want you to use it for

558
00:31:04.880 --> 00:31:08.200
your own benefit. If you go and you make a copy of this, and you

559
00:31:08.200 --> 00:31:10.720
go and share it with other people, you're violating my

560
00:31:10.720 --> 00:31:14.400
copyright. And you don't want to violate the raw the rights of a

561
00:31:14.400 --> 00:31:17.680
lawyer. That's just a bad idea. In general. I know a lot of you

562
00:31:17.680 --> 00:31:20.360
so you're fine. But the point of the matter is you don't want to

563
00:31:20.360 --> 00:31:24.960
violate lawyers rights, okay, it doesn't make sense. So going

564
00:31:24.960 --> 00:31:27.960
towards your question, Jennifer, you're coaching others, right?

565
00:31:27.960 --> 00:31:33.040
So you have handouts, you have handouts that you give, you have

566
00:31:33.040 --> 00:31:36.600
materials that you provide, right? Those handouts are

567
00:31:36.600 --> 00:31:41.120
protectable by copyright. If there's a name or a logo on it,

568
00:31:41.320 --> 00:31:46.800
that is potentially protectable by trademark. Okay. So let's say

569
00:31:46.840 --> 00:31:51.080
you like, I have a thing called the protection portal, right?

570
00:31:51.080 --> 00:31:54.960
What you all learn about later. It's people are trying to get

571
00:31:54.960 --> 00:32:00.640
into that. So that entity has a name. So anytime I use that name,

572
00:32:00.640 --> 00:32:03.560
I have a TM next to it until I get a federal registration, then

573
00:32:03.560 --> 00:32:08.800
I use a circle are I, I kind of alluded to this quickly earlier

574
00:32:08.800 --> 00:32:13.640
today, but I want to reiterate this. Do not use circle are if

575
00:32:13.640 --> 00:32:17.000
you don't have a federal registration. All right, there's

576
00:32:17.000 --> 00:32:20.840
a tort, it's an in litigation. It's called tortious

577
00:32:20.840 --> 00:32:23.560
interference with business practice. It's called unfair

578
00:32:23.560 --> 00:32:29.000
business practice, you can get sued for it. All right, you only

579
00:32:29.000 --> 00:32:32.240
use a circle are after you get the federal registration, the

580
00:32:32.240 --> 00:32:34.160
United States Patent and Trademark Office sends you the

581
00:32:34.160 --> 00:32:37.600
registration certificate, then you can use it, don't use it

582
00:32:37.600 --> 00:32:41.560
beforehand. And there's no such thing as a circle TM that does

583
00:32:41.560 --> 00:32:50.080
not exist. There's a TM. All right. And so the TM goes, if

584
00:32:50.080 --> 00:32:52.400
it's if you have a low, does everybody know what a logo is?

585
00:32:52.480 --> 00:32:56.400
First? Yes. Does anybody not know? It's okay. If you don't,

586
00:32:56.560 --> 00:33:01.920
does anybody here not know what a logo is? I'm not seeing

587
00:33:01.920 --> 00:33:04.560
anybody say they don't know what a logo is. All right. So if you

588
00:33:04.560 --> 00:33:08.480
think of the Nike swoosh, right, that's a logo. Okay, stands

589
00:33:08.480 --> 00:33:12.680
alone. Now a logo can have a word in it. All right. It's

590
00:33:12.680 --> 00:33:17.920
still considered a logo. When you have a logo, the TM or the

591
00:33:17.920 --> 00:33:23.280
circle are goes to the right hand side of it. Okay. You can

592
00:33:23.280 --> 00:33:27.840
either put it at the top right or the bottom right. Either area

593
00:33:27.840 --> 00:33:30.920
is fine. You can even put it in the logo, it just messes it up.

594
00:33:30.920 --> 00:33:34.840
I wouldn't put it in the logo. And there you go. See yummy

595
00:33:34.840 --> 00:33:39.480
delicious. JOHN just showed you see top right. JOHN perfectly

596
00:33:39.480 --> 00:33:42.840
well done. Now I got a question for you, brother. You see that

597
00:33:42.880 --> 00:33:45.640
that swirly thing? The double swirl thing you have there?

598
00:33:45.800 --> 00:33:49.400
Yeah. Does that have its own that logo? Does that have its

599
00:33:49.400 --> 00:33:54.360
own registration? Not yet. You filed for it though, right? Not

600
00:33:54.360 --> 00:33:58.520
yet. So that's the one thing. That's the closer come closer to

601
00:33:58.520 --> 00:34:02.280
me so I can see it. Is there a TM there? Do you guys see it? We

602
00:34:02.280 --> 00:34:06.040
put one on there just just to be quote unquote safe. But one

603
00:34:06.040 --> 00:34:09.840
perfect that what he did is perfect. So you see how he used

604
00:34:09.840 --> 00:34:13.280
a lot on his logo. He has a TM. But then the words yummy

605
00:34:13.280 --> 00:34:17.639
delicious. You see the TM there as well. He put it on both. Why?

606
00:34:18.600 --> 00:34:21.679
Somebody told me why somebody unmute themselves and tell me

607
00:34:21.679 --> 00:34:24.960
why you put it on both the logo and the name.

608
00:34:25.960 --> 00:34:27.800
There are two separate things.

609
00:34:28.199 --> 00:34:32.520
They are there two separate things. So if somebody copied

610
00:34:32.520 --> 00:34:36.239
his really cool swirly swirly thing over there, but they use a

611
00:34:36.239 --> 00:34:40.400
different name, then he could stop them. And if somebody used

612
00:34:40.400 --> 00:34:44.800
yummy delicious with a star, he could stop them because he owns

613
00:34:44.800 --> 00:34:48.360
both. Okay, both of them are owned by him. That's that's

614
00:34:48.360 --> 00:34:52.440
really important. So with that being the case, when you use

615
00:34:52.480 --> 00:34:54.400
when you get a federal registration, you can use the

616
00:34:55.360 --> 00:34:58.280
but again, it's to the right. So if you have the words, you want

617
00:34:58.280 --> 00:35:00.040
to put it right at the top left.

618
00:35:00.000 --> 00:35:02.880
top right, even with the letter.

619
00:35:02.880 --> 00:35:05.880
If it's a logo, you can put it on the right top

620
00:35:05.880 --> 00:35:07.460
or the right bottom, doesn't matter.

621
00:35:07.460 --> 00:35:09.520
Either way, it doesn't matter, okay?

622
00:35:09.520 --> 00:35:11.640
That's how you generally want the things to look.

623
00:35:11.640 --> 00:35:15.160
So going back to Jennifer, Coach Jennifer's situation,

624
00:35:15.160 --> 00:35:16.840
she's coaching a lot of people.

625
00:35:16.840 --> 00:35:18.480
And a lot of you are coaching a lot of people.

626
00:35:18.480 --> 00:35:21.040
Your materials are protectable by copyright.

627
00:35:21.040 --> 00:35:23.600
We'll go into this on day three, all right?

628
00:35:23.600 --> 00:35:25.860
So your, think of your copy.

629
00:35:27.120 --> 00:35:29.640
If anybody knows copy here, Danielle knows copy.

630
00:35:29.640 --> 00:35:32.160
She is like a copy monster, okay?

631
00:35:32.160 --> 00:35:35.480
So she creates these copies for like all sorts of stuff.

632
00:35:35.480 --> 00:35:36.800
You tell her a situation, she's like,

633
00:35:36.800 --> 00:35:38.280
ba-ba-da-da-da-da-da-da-da-da-da.

634
00:35:38.280 --> 00:35:40.020
You're like, how did you even think of that?

635
00:35:40.020 --> 00:35:40.960
That's what she does.

636
00:35:40.960 --> 00:35:43.660
Like, that's just her, that's what she does, right?

637
00:35:43.660 --> 00:35:46.120
So all that stuff that, all that ba-ba-da-da-da-da-da,

638
00:35:46.120 --> 00:35:48.680
all that is protectable by copyright, okay?

639
00:35:48.680 --> 00:35:50.520
Somebody type in the chat, ba-ba-da-da-da-da-da.

640
00:35:50.520 --> 00:35:52.320
I'm just kidding, you don't need to do that.

641
00:35:52.320 --> 00:35:56.000
So with regard to your materials, your worksheets,

642
00:35:56.000 --> 00:35:57.600
that's protectable by copyright.

643
00:35:57.600 --> 00:36:01.800
The name, the logo, protectable by trademark.

644
00:36:01.800 --> 00:36:04.480
The slogan, protectable by trademark.

645
00:36:04.480 --> 00:36:07.120
The images, somebody hear me.

646
00:36:07.120 --> 00:36:09.160
Somebody type in the chat, images.

647
00:36:09.160 --> 00:36:10.640
The images, the images.

648
00:36:10.640 --> 00:36:12.660
This is so important, people.

649
00:36:13.800 --> 00:36:15.680
Many of you are very creative.

650
00:36:15.680 --> 00:36:18.600
You create your own drawings, you take your own pictures,

651
00:36:18.600 --> 00:36:22.300
and you add them to your materials when you're coaching.

652
00:36:22.300 --> 00:36:26.000
Your images are separately protectable.

653
00:36:26.000 --> 00:36:27.040
Please hear this.

654
00:36:28.160 --> 00:36:31.760
If you file a copyright application for a 30-page book,

655
00:36:31.760 --> 00:36:33.680
and there are two images in that book,

656
00:36:33.680 --> 00:36:36.520
and somebody copies just one of those images,

657
00:36:36.520 --> 00:36:39.140
you may not be able to stop somebody

658
00:36:39.140 --> 00:36:40.240
for copyright infringement.

659
00:36:40.240 --> 00:36:42.080
It's possible, why?

660
00:36:42.080 --> 00:36:43.320
When we talk about copyright,

661
00:36:43.320 --> 00:36:44.560
you're gonna learn more about this.

662
00:36:44.560 --> 00:36:47.520
It comes down to the essence of the copyright.

663
00:36:47.520 --> 00:36:50.200
And those two images in a 300-page book

664
00:36:50.200 --> 00:36:53.120
may not be considered to be part of the essence.

665
00:36:53.120 --> 00:36:55.480
So for that reason, you wanna file

666
00:36:55.480 --> 00:36:58.440
a separate copyright application for each image

667
00:36:58.440 --> 00:37:00.160
that's important to you.

668
00:37:00.160 --> 00:37:02.960
And you'll be able to do it online for 65 bucks.

669
00:37:02.960 --> 00:37:05.040
We're doing that on day three.

670
00:37:05.040 --> 00:37:07.440
Okay, I'm gonna show you how to do that on day three.

671
00:37:07.440 --> 00:37:10.240
So to go back to Coach Jennifer's situation,

672
00:37:11.120 --> 00:37:14.060
the materials, copyright, right?

673
00:37:14.060 --> 00:37:16.400
All the materials are copyright protectable.

674
00:37:16.400 --> 00:37:18.920
The images, copyright protectable.

675
00:37:18.920 --> 00:37:20.480
If it's an important image,

676
00:37:20.480 --> 00:37:22.960
file a separate copyright application for it.

677
00:37:23.800 --> 00:37:24.880
If you have a unique name,

678
00:37:24.880 --> 00:37:27.480
it may be protectable by a trademark.

679
00:37:27.480 --> 00:37:31.640
If it's something that you're putting on your services,

680
00:37:31.640 --> 00:37:35.800
like if your services have a name, a unique name,

681
00:37:35.800 --> 00:37:38.600
then that name, protectable by trademark.

682
00:37:38.600 --> 00:37:41.880
Slogan, protectable by trademark, okay?

683
00:37:41.880 --> 00:37:44.720
Flow charts, if you have flow charts in there

684
00:37:44.720 --> 00:37:47.120
telling people, hey, you gotta do step one

685
00:37:47.120 --> 00:37:48.960
and then step two, and after step two,

686
00:37:48.960 --> 00:37:50.120
you gotta do step three,

687
00:37:50.120 --> 00:37:51.840
and this is where you wanna go after that.

688
00:37:51.840 --> 00:37:54.000
Everybody knows what flow charts are.

689
00:37:54.000 --> 00:37:56.360
That flow chart, protectable by what?

690
00:37:56.360 --> 00:37:57.880
Somebody type in the chat.

691
00:37:58.960 --> 00:38:00.080
Protectable by what?

692
00:38:01.360 --> 00:38:02.360
And just so we're clear,

693
00:38:02.360 --> 00:38:04.040
we haven't even talked about this stuff yet,

694
00:38:04.040 --> 00:38:05.440
but you guys are already learning this

695
00:38:05.440 --> 00:38:07.080
because this is VIP.

696
00:38:07.080 --> 00:38:09.200
Like this is real life VIP.

697
00:38:09.200 --> 00:38:12.000
Copyright, exactly, Joe Martinez.

698
00:38:12.000 --> 00:38:13.400
Patricia, you have a question.

699
00:38:13.400 --> 00:38:15.400
Go ahead and unmute yourself, my friend.

700
00:38:18.240 --> 00:38:19.400
Good afternoon.

701
00:38:19.400 --> 00:38:21.320
Good afternoon.

702
00:38:21.360 --> 00:38:24.520
I had sent you an email about,

703
00:38:24.520 --> 00:38:27.320
like I write songs and lyrics.

704
00:38:27.320 --> 00:38:29.960
I'm not a musician, so I need help with that,

705
00:38:29.960 --> 00:38:32.720
but a lot of these things are things

706
00:38:32.720 --> 00:38:36.440
that I wrote in the 80s, the 90s, the 2000s.

707
00:38:36.440 --> 00:38:40.600
When I file those, the songs,

708
00:38:40.600 --> 00:38:44.040
and do you file the music separately?

709
00:38:44.040 --> 00:38:45.960
Do you do it together?

710
00:38:45.960 --> 00:38:47.120
Okay, separate.

711
00:38:47.120 --> 00:38:51.040
Yeah, you can file a copyright application for the words

712
00:38:51.720 --> 00:38:52.720
and you can file a copyright application

713
00:38:52.720 --> 00:38:54.720
for the song itself.

714
00:38:54.720 --> 00:38:55.560
You can do it either way.

715
00:38:55.560 --> 00:38:58.200
You can file it as one song with the words in it,

716
00:38:58.200 --> 00:38:59.920
but then you've got the musical compilation

717
00:38:59.920 --> 00:39:00.760
in the background, right?

718
00:39:00.760 --> 00:39:01.800
The sound.

719
00:39:01.800 --> 00:39:04.720
So what I would do is I would file one application

720
00:39:04.720 --> 00:39:06.840
for the words and make sure nobody ever can use the words,

721
00:39:06.840 --> 00:39:09.880
but then the audio, like the music behind it,

722
00:39:09.880 --> 00:39:11.120
which is really important,

723
00:39:11.120 --> 00:39:13.600
I would file a copyright application for that.

724
00:39:13.600 --> 00:39:15.480
So now what you're doing is you're stopping anybody

725
00:39:15.480 --> 00:39:20.480
from using a different like sound background, right?

726
00:39:21.440 --> 00:39:22.280
With your words.

727
00:39:22.280 --> 00:39:23.960
Oh, with my lyrics.

728
00:39:23.960 --> 00:39:24.800
Oh, wow.

729
00:39:24.800 --> 00:39:25.640
You got it, sister.

730
00:39:25.640 --> 00:39:26.480
That's the thing.

731
00:39:26.480 --> 00:39:28.440
See, you're stopping people from using your lyrics.

732
00:39:28.440 --> 00:39:32.600
So if you file a copyright application for your lyrics

733
00:39:32.600 --> 00:39:34.120
and then you've got a separate application

734
00:39:34.120 --> 00:39:35.680
for your song, right?

735
00:39:35.680 --> 00:39:37.760
So the song has the background music.

736
00:39:37.760 --> 00:39:39.800
So people can use that music with the lyrics,

737
00:39:39.800 --> 00:39:42.480
but if somebody tries to take the lyrics and uses it alone,

738
00:39:42.480 --> 00:39:44.120
they still infringe your copyright.

739
00:39:44.120 --> 00:39:45.360
And here's the best part.

740
00:39:46.360 --> 00:39:47.880
It costs 65 bucks.

741
00:39:49.080 --> 00:39:50.560
Wonderful, okay.

742
00:39:51.080 --> 00:39:53.320
Do you know how much a lawyer would charge you

743
00:39:53.320 --> 00:39:54.920
to actually do everything we just talked about?

744
00:39:54.920 --> 00:39:56.720
More than I wanna pay.

745
00:39:56.720 --> 00:39:57.680
So that's the point.

746
00:39:57.680 --> 00:40:00.280
So that's the, and again, day three, we're gonna.

747
00:40:00.000 --> 00:40:01.660
to talk about this, okay?

748
00:40:01.660 --> 00:40:03.800
Okay, and then I had asked you,

749
00:40:03.800 --> 00:40:06.580
do I, when I file it, I just put that year on it?

750
00:40:06.580 --> 00:40:11.200
I don't do, like I wrote this in 1995, I put 2022?

751
00:40:12.760 --> 00:40:13.600
Well, it depends.

752
00:40:13.600 --> 00:40:15.560
We're gonna go into this more on day three

753
00:40:15.560 --> 00:40:17.560
when we go through filing copyright applications,

754
00:40:17.560 --> 00:40:20.360
but if you create it, what I would do is file

755
00:40:20.360 --> 00:40:23.200
right down the date you created the work.

756
00:40:23.200 --> 00:40:24.180
Okay.

757
00:40:24.180 --> 00:40:26.000
All right, even though you're filing it now,

758
00:40:26.000 --> 00:40:28.200
I would write, you'll see in the fields

759
00:40:28.200 --> 00:40:29.600
for filing the application,

760
00:40:29.600 --> 00:40:30.960
you'll see all the information there.

761
00:40:30.960 --> 00:40:32.640
So we'll go into detail on that on day three.

762
00:40:32.640 --> 00:40:33.520
Oh, okay.

763
00:40:33.520 --> 00:40:37.920
And then I did mention, excuse me, were you done?

764
00:40:37.920 --> 00:40:38.760
No, no, go ahead.

765
00:40:38.760 --> 00:40:39.600
You can do one more.

766
00:40:39.600 --> 00:40:40.420
Okay.

767
00:40:40.420 --> 00:40:41.520
Okay, I wanna make sure you said everything

768
00:40:41.520 --> 00:40:44.320
that you were gonna say because you're the leader here.

769
00:40:45.600 --> 00:40:50.600
Okay, so I also, there's something that wasn't in your chart

770
00:40:50.820 --> 00:40:51.980
and-

771
00:40:51.980 --> 00:40:52.820
What is it?

772
00:40:52.820 --> 00:40:56.560
Several years ago, God had me create a board game

773
00:40:56.560 --> 00:41:00.440
for my teenage grandson that he really liked

774
00:41:00.440 --> 00:41:02.360
and it was like based on math.

775
00:41:02.360 --> 00:41:03.200
And so-

776
00:41:03.200 --> 00:41:04.020
All right, let me go into that.

777
00:41:04.020 --> 00:41:05.840
Board games are gonna blow your mind.

778
00:41:05.840 --> 00:41:09.800
So board games should be what I call

779
00:41:09.800 --> 00:41:13.800
a final exam question in law school, all right?

780
00:41:13.800 --> 00:41:16.040
Honestly, that's what a board game should be

781
00:41:17.240 --> 00:41:21.700
because the title of the game, trademark,

782
00:41:22.700 --> 00:41:26.740
the owner's manual of how to use it, copyright,

783
00:41:28.540 --> 00:41:32.940
the images that are used on the cover of the board game

784
00:41:32.940 --> 00:41:35.620
when you buy it, copyright,

785
00:41:36.580 --> 00:41:40.140
the logo that's associated with the board game

786
00:41:40.140 --> 00:41:42.820
on the box, trademark,

787
00:41:43.860 --> 00:41:48.860
the functionality of what's performed in the game, patent.

788
00:41:49.100 --> 00:41:52.980
I mean, it's literally a final exam question in law school.

789
00:41:52.980 --> 00:41:57.320
So what I'm gonna share with you in five minutes

790
00:41:57.320 --> 00:42:00.740
is a scenario and what we're going to,

791
00:42:00.740 --> 00:42:03.140
everybody probably has already seen this scenario

792
00:42:03.140 --> 00:42:05.460
because I put it on the Facebook group,

793
00:42:05.460 --> 00:42:09.100
but we're going to be taking that scenario piece by piece

794
00:42:09.100 --> 00:42:12.960
on day five, after you've learned about patents

795
00:42:12.960 --> 00:42:15.820
and trademarks and copyrights and trade secrets,

796
00:42:15.820 --> 00:42:18.340
and you're gonna see that in one page,

797
00:42:18.860 --> 00:42:21.260
you're gonna identify every area of intellectual property

798
00:42:21.260 --> 00:42:22.700
because you've learned them all.

799
00:42:22.700 --> 00:42:25.100
But I don't want to overwhelm you now

800
00:42:25.100 --> 00:42:26.220
with all this at once.

801
00:42:26.220 --> 00:42:27.860
We're still just touching base on trademarks.

802
00:42:27.860 --> 00:42:30.340
So Patricia, I'm gonna go to Libby next.

803
00:42:30.340 --> 00:42:31.180
Okay.

804
00:42:31.180 --> 00:42:32.860
Libby, go right ahead.

805
00:42:32.860 --> 00:42:34.100
Thanks so much, Peter.

806
00:42:34.100 --> 00:42:37.900
This is such good value and yeah.

807
00:42:37.900 --> 00:42:39.740
Yeah, no, thank you, appreciate it.

808
00:42:39.740 --> 00:42:44.180
And yeah, I'll have to relisten because I tell you,

809
00:42:44.180 --> 00:42:48.140
it's just so much information and yeah.

810
00:42:48.940 --> 00:42:51.300
So my question is, you were going through

811
00:42:51.300 --> 00:42:53.340
before the board games, like earlier on,

812
00:42:53.340 --> 00:42:56.260
you were talking about the photographs, illustrations,

813
00:42:56.260 --> 00:42:59.100
flow charts, et cetera, copywriting.

814
00:42:59.100 --> 00:43:02.340
So do you copyright every individual,

815
00:43:03.560 --> 00:43:05.100
every individual picture?

816
00:43:05.100 --> 00:43:08.140
Like if you've got like five different flow charts,

817
00:43:08.140 --> 00:43:12.080
20 different photos, how does that work?

818
00:43:12.080 --> 00:43:13.140
Yeah, it's a good question.

819
00:43:13.140 --> 00:43:16.780
So I'm gonna ask a question to everybody here in VIP

820
00:43:16.820 --> 00:43:18.860
because I wanna honor all of you

821
00:43:18.860 --> 00:43:21.100
and you've all paid for this.

822
00:43:21.100 --> 00:43:25.100
We are going through copyrights on day three, okay?

823
00:43:25.100 --> 00:43:28.020
And so you tell me if you want me to go through

824
00:43:28.020 --> 00:43:30.860
this kind of material now or wait to day three.

825
00:43:30.860 --> 00:43:33.780
The reason why is because a lot of the stuff

826
00:43:33.780 --> 00:43:36.060
that we're covering in the VIP here,

827
00:43:36.060 --> 00:43:38.240
we're gonna do in the normal challenge.

828
00:43:38.240 --> 00:43:41.900
And so I wanna make sure that I'm answering questions

829
00:43:41.900 --> 00:43:45.140
in the VIP predominantly on trademarks today.

830
00:43:45.460 --> 00:43:47.100
And then I can do some things that are related

831
00:43:47.100 --> 00:43:49.420
to trademarks, but I don't wanna like,

832
00:43:49.420 --> 00:43:51.100
I don't wanna overwhelm you with stuff

833
00:43:51.100 --> 00:43:52.580
you haven't even learned yet.

834
00:43:52.580 --> 00:43:54.060
Do you know what I mean?

835
00:43:54.060 --> 00:43:56.340
So if you have a lot of the questions,

836
00:43:56.340 --> 00:43:57.700
I'm gonna answer your question Libby

837
00:43:57.700 --> 00:44:00.540
because I love you, honor you, wanna do that, right?

838
00:44:00.540 --> 00:44:02.220
But I think what we're gonna do is establish

839
00:44:02.220 --> 00:44:06.900
kind of like a general overview of when we go over

840
00:44:06.900 --> 00:44:08.860
copyrights, we'll ask questions on copyrights.

841
00:44:08.860 --> 00:44:10.260
When we go over like patent stuff,

842
00:44:10.260 --> 00:44:12.480
we'll go ask questions on patents.

843
00:44:12.480 --> 00:44:13.920
Obviously, if we have extra time,

844
00:44:13.920 --> 00:44:15.840
I'll answer anything you want.

845
00:44:15.840 --> 00:44:19.240
I just wanna make sure that as I'm looking around,

846
00:44:19.240 --> 00:44:22.040
I'm seeing some faces that are thinking like,

847
00:44:22.040 --> 00:44:24.560
hold it, you're talking about copyrights.

848
00:44:24.560 --> 00:44:26.320
I'd never even heard of that word.

849
00:44:26.320 --> 00:44:28.320
Like, you know, and you're explaining things

850
00:44:28.320 --> 00:44:29.860
that I don't get yet.

851
00:44:29.860 --> 00:44:33.640
So I wanna make sure that as I'm doing the VIP sessions,

852
00:44:33.640 --> 00:44:36.200
I'm covering things that we've talked about already,

853
00:44:36.200 --> 00:44:38.720
plus maybe a little more, but not going so deep

854
00:44:38.720 --> 00:44:40.060
that you guys get lost.

855
00:44:40.060 --> 00:44:41.520
I don't want you to get lost.

856
00:44:41.520 --> 00:44:45.000
So you tell me, like type in chat, like,

857
00:44:45.000 --> 00:44:46.800
do you want a VIP?

858
00:44:46.800 --> 00:44:47.640
All right, day three.

859
00:44:47.640 --> 00:44:49.720
Yeah, if you want me to cover copyrights on day three,

860
00:44:49.720 --> 00:44:51.280
just, yeah?

861
00:44:51.280 --> 00:44:52.640
Okay.

862
00:44:52.640 --> 00:44:53.920
All right, so that's what we're gonna do.

863
00:44:53.920 --> 00:44:56.600
So what I'm gonna try to do for you,

864
00:44:56.600 --> 00:44:59.680
and just to be clear, I could do anything you want.

865
00:44:59.680 --> 00:45:00.520
I'm here.

866
00:45:00.000 --> 00:45:04.160
for you. I really want to make sure you all succeed. I just want to make sure you don't

867
00:45:04.160 --> 00:45:08.720
get so overwhelmed with so much material that you don't know what's forward and what's back.

868
00:45:09.440 --> 00:45:13.520
And for that reason, I'm going to answer your question, Libby, but as we go forward,

869
00:45:14.160 --> 00:45:21.120
we're going to cover in VIP what we've covered in that day, plus things that are related to that.

870
00:45:21.840 --> 00:45:25.200
So when we're talking about copyrights, I'm not going to talk about patents,

871
00:45:26.160 --> 00:45:30.000
you know, and I may give you a little preview, but I'm not going to go deep into that,

872
00:45:30.000 --> 00:45:35.280
because I don't want you to get lost. All right. So with that, Libby, let's go back into your

873
00:45:35.280 --> 00:45:41.040
question with regard to copyrights. So let's say you have a book, right? And there's like

874
00:45:41.760 --> 00:45:48.400
150 pages, and there's like 15 images, right? Three of those images are really important.

875
00:45:48.400 --> 00:45:52.960
Like they're, they are very valuable. And if somebody else stole them, you would be very upset.

876
00:45:53.920 --> 00:45:57.600
Then I would file a separate copyright application on each of those three images.

877
00:45:58.400 --> 00:46:04.160
I would file one copyright application for the book itself. And then I would file a separate

878
00:46:04.160 --> 00:46:09.360
copyright application for each of the three images. Why? Because if somebody had one of

879
00:46:09.360 --> 00:46:14.480
those images, you would be livid. You'd say, hold it. That's my drawing. That's my painting.

880
00:46:14.480 --> 00:46:19.520
That's a picture of my husband. That's a picture of my child, like in my book. I don't want

881
00:46:19.520 --> 00:46:24.880
somebody using that. I have a situation where somebody actually had a picture of his wife's

882
00:46:24.880 --> 00:46:30.320
teeth on his dentist's website, and people stole it. And he called me up mad. My first question

883
00:46:30.320 --> 00:46:34.160
to him was, why in the world do you have pictures of your wife's teeth on your website?

884
00:46:35.440 --> 00:46:42.320
That was like my first question. After we got past that point, we filed a copyright application

885
00:46:42.320 --> 00:46:47.840
for the picture of his wife's teeth. And then we told anybody who had a copy of it

886
00:46:48.480 --> 00:46:52.800
that they had to stop. Now, we'll go into more detail about copyrights on day three,

887
00:46:52.800 --> 00:46:56.720
but you actually don't have to file a copyright application to have rights under copyrights.

888
00:46:57.440 --> 00:47:00.960
You file it when you want to enforce it so you can get attorney's fees. I'm not going to go

889
00:47:00.960 --> 00:47:06.640
further on that for now. So with regard to questions on trademarks and anything related

890
00:47:06.640 --> 00:47:14.800
to that, let's go back into that. Let me go back to Coach. Did she leave? Hold on.

891
00:47:15.120 --> 00:47:20.480
Is Jennifer still here? I think she jumped out. She had to jump out. Okay, she must have had to

892
00:47:20.480 --> 00:47:24.720
jump out. All right, that's all right. All right. So let me go into some of these other questions

893
00:47:24.720 --> 00:47:38.640
here. All right, here's a question that's really covering copyrights. And let's go into one more

894
00:47:39.520 --> 00:47:50.240
here. Okay. John, I'm going to go back to another question of yours, okay?

895
00:47:51.440 --> 00:47:58.720
Because you hit a lot of really good trademark issues. All right. So one of the questions is,

896
00:47:58.720 --> 00:48:05.760
what's the difference between TM and Circle R? Yeah, I think you answered that. Yeah. So I'm

897
00:48:05.760 --> 00:48:14.640
going to dig a little more into this. Do you need to file a trademark application to use a TM,

898
00:48:14.640 --> 00:48:18.720
yes or no? Type in the chat, yes or no. I hope it's no.

899
00:48:21.360 --> 00:48:25.440
Because I'm screwed. I'm not saying anything yet. Just type in the chat, yes or no.

900
00:48:26.400 --> 00:48:31.920
I'm not going to say a word. Okay. So the answer is no.

901
00:48:33.600 --> 00:48:39.600
For John, just so John can survive another day. The answer is no. It doesn't happen to me. It

902
00:48:39.600 --> 00:48:44.320
happens for me, right? That's good. That's right. That's right. So here's the deal, everyone. So

903
00:48:44.880 --> 00:48:51.520
the moment that you start using a trademark in interstate commerce, either a logo, or a slogan,

904
00:48:51.520 --> 00:48:58.560
or a name, slap a TM on it immediately. What are you doing? You're making the public aware

905
00:48:58.560 --> 00:49:05.680
that this is your trademark. This is yours, okay? Now, the very first thing you should be doing is

906
00:49:05.680 --> 00:49:10.400
what's called a trademark search, which we're going to do together tomorrow. We're going to

907
00:49:10.400 --> 00:49:15.360
start out live. We're going to do a trademark search together. I'm going to take you through

908
00:49:15.360 --> 00:49:19.920
the United States Patent and Trademark Office, show you the easiest way to do them, okay?

909
00:49:20.800 --> 00:49:25.840
It's going to be a very top-level search, but it'll get you through day one, okay? You'll kind

910
00:49:25.840 --> 00:49:33.440
of figure out what to do. Now, let's assume that you can actually use the name. Then immediately,

911
00:49:33.440 --> 00:49:40.640
TM, immediately, all right? Don't wait. Why? You're placing the public on notice. Why is

912
00:49:40.640 --> 00:49:48.240
notice important? Can somebody type in, if this is a difficult question, why is placing the public

913
00:49:48.240 --> 00:49:50.960
on notice important? Somebody type it in the chat.

914
00:49:58.800 --> 00:49:59.840
Time you started using.

915
00:50:00.000 --> 00:50:03.880
It's your claim.

916
00:50:05.200 --> 00:50:06.840
So they're forward against using it.

917
00:50:06.840 --> 00:50:09.800
Time documents, intent to trade.

918
00:50:09.800 --> 00:50:11.880
You're saying your intention,

919
00:50:11.880 --> 00:50:13.760
like claiming ground when you're a pioneer.

920
00:50:13.760 --> 00:50:15.600
That's good, John, I like that.

921
00:50:15.600 --> 00:50:18.260
Yeah, no, they're all good points.

922
00:50:18.260 --> 00:50:22.980
All right, let me tell you the real legal reason for this.

923
00:50:22.980 --> 00:50:26.000
You cannot obtain damages for infringement

924
00:50:26.000 --> 00:50:29.760
unless you place somebody on notice, okay?

925
00:50:29.760 --> 00:50:32.920
So let's say that Cindy sued me

926
00:50:32.920 --> 00:50:36.280
for using a name that she's using.

927
00:50:38.460 --> 00:50:42.900
She gets zero damages if she never used a TM or a Circle R.

928
00:50:42.900 --> 00:50:43.740
Why?

929
00:50:43.740 --> 00:50:44.800
There's no way for me to know

930
00:50:44.800 --> 00:50:46.840
that she has a federal registration

931
00:50:46.840 --> 00:50:48.080
or an interest or anything.

932
00:50:48.080 --> 00:50:50.080
How am I supposed to know?

933
00:50:50.080 --> 00:50:53.340
Like, I need, somebody has to notify me.

934
00:50:53.340 --> 00:50:56.320
So you use the TM because you're making the public aware

935
00:50:56.320 --> 00:51:00.520
of the fact that you have certain rights,

936
00:51:00.520 --> 00:51:01.800
either common law rights

937
00:51:01.800 --> 00:51:04.520
where you haven't got a federal registration yet

938
00:51:04.520 --> 00:51:08.440
or federal rights where you filed an application.

939
00:51:08.440 --> 00:51:09.800
Just remember those two things,

940
00:51:09.800 --> 00:51:13.160
common law, federal, common law, federal.

941
00:51:13.160 --> 00:51:15.240
Common law means I didn't file anything yet.

942
00:51:15.240 --> 00:51:16.440
Federal means I filed

943
00:51:16.440 --> 00:51:19.160
with the United States Patent Trademark Office

944
00:51:19.160 --> 00:51:21.360
or there's also state.

945
00:51:21.360 --> 00:51:26.040
Now, if you're using a trademark for a service,

946
00:51:27.520 --> 00:51:31.360
a lot of your coaches, like 90% of you are coaches.

947
00:51:31.360 --> 00:51:33.400
That's highly unusual.

948
00:51:33.400 --> 00:51:35.160
90% of you are coaches.

949
00:51:35.160 --> 00:51:36.940
Bless you all, all right?

950
00:51:38.360 --> 00:51:39.560
It's not gonna be uncommon

951
00:51:39.560 --> 00:51:42.160
for you to see something that's different.

952
00:51:42.160 --> 00:51:43.320
It's SM.

953
00:51:45.160 --> 00:51:48.400
That's called a service mark, okay?

954
00:51:48.400 --> 00:51:52.120
Now, you can provide a service and use a TM.

955
00:51:52.120 --> 00:51:53.740
You don't have to use an SM.

956
00:51:55.000 --> 00:51:56.560
It's just what some people do.

957
00:51:56.560 --> 00:51:58.560
Some people say, well, I'm providing a service.

958
00:51:58.560 --> 00:51:59.720
I wanna use an SM.

959
00:51:59.720 --> 00:52:02.120
You wanna use an SM, use an SM.

960
00:52:02.120 --> 00:52:05.960
But the majority of the world's using a TM, okay?

961
00:52:05.960 --> 00:52:08.080
That's like some lawyers like to put Esquire

962
00:52:08.080 --> 00:52:09.560
at the end of their name.

963
00:52:09.560 --> 00:52:12.160
I don't, like, why do I need to do that?

964
00:52:12.160 --> 00:52:15.640
It's just, if I'm in a legal battle, I might do it,

965
00:52:15.640 --> 00:52:18.160
but otherwise I really don't do it all the time.

966
00:52:18.920 --> 00:52:20.000
So if you use an SM, great.

967
00:52:20.000 --> 00:52:23.700
But just understand, if you see an SM on somebody's logo

968
00:52:23.700 --> 00:52:25.920
or in somebody's name or their slogan,

969
00:52:25.920 --> 00:52:29.960
they're telling you that this is their property, back off.

970
00:52:30.820 --> 00:52:31.800
Okay?

971
00:52:31.800 --> 00:52:33.160
It's the same thing for you.

972
00:52:33.160 --> 00:52:37.780
That's why you wanna use a TM or the SM or the Circle R.

973
00:52:37.780 --> 00:52:41.640
If you don't use it, you're not gonna get damages.

974
00:52:41.640 --> 00:52:44.720
Because as a litigator, there's a phase in litigation

975
00:52:44.720 --> 00:52:46.620
where you walk through damages phase,

976
00:52:46.620 --> 00:52:49.340
determining what the actual monies are

977
00:52:49.340 --> 00:52:51.300
that you're gonna give to the other party

978
00:52:51.300 --> 00:52:52.620
for the infringement.

979
00:52:52.620 --> 00:52:54.860
And the first thing they ask is,

980
00:52:54.860 --> 00:52:57.460
did you ever receive notice?

981
00:52:57.460 --> 00:52:58.980
And I'm gonna say, no.

982
00:53:00.140 --> 00:53:01.860
They had this name.

983
00:53:01.860 --> 00:53:03.820
There was no TM, no Circle R, no nothing.

984
00:53:03.820 --> 00:53:06.500
I had no idea it was a Federal Registered Trademark.

985
00:53:06.500 --> 00:53:09.060
And so that decreases the damages.

986
00:53:09.060 --> 00:53:11.100
So you wanna be careful about that, okay?

987
00:53:12.340 --> 00:53:13.180
All right.

988
00:53:13.180 --> 00:53:15.760
Now there's a thing called willful infringement.

989
00:53:16.700 --> 00:53:18.820
This is the last thing I'm gonna teach you today,

990
00:53:18.820 --> 00:53:21.060
because this is really important

991
00:53:21.060 --> 00:53:23.620
for those of you that are running businesses, all right?

992
00:53:23.620 --> 00:53:25.760
And then Mary, we'll get to your question, okay?

993
00:53:25.760 --> 00:53:27.140
And Jeanette.

994
00:53:27.140 --> 00:53:27.960
All right.

995
00:53:29.620 --> 00:53:33.340
If you receive a cease and desist letter saying,

996
00:53:33.340 --> 00:53:38.340
this here is my product, and this is my trademark,

997
00:53:40.980 --> 00:53:42.860
you need to stop using it.

998
00:53:42.860 --> 00:53:45.020
And you decide to continue using it.

999
00:53:46.020 --> 00:53:49.540
That may be called willful infringement,

1000
00:53:49.540 --> 00:53:51.860
if you do infringe.

1001
00:53:51.860 --> 00:53:54.780
Why is willful infringement important?

1002
00:53:55.940 --> 00:53:57.700
The reason why it's important

1003
00:53:57.700 --> 00:54:01.760
is that if you are found guilty of willful infringement,

1004
00:54:03.080 --> 00:54:06.420
it goes from, it potentially goes from normal damages

1005
00:54:06.420 --> 00:54:10.780
for what the person either lost in sales

1006
00:54:10.780 --> 00:54:13.060
or what you may have gained.

1007
00:54:13.060 --> 00:54:15.540
It turns into what's called attorney's fees.

1008
00:54:16.420 --> 00:54:18.640
That's a whole other ball game, all right?

1009
00:54:18.640 --> 00:54:20.620
This is a really big deal, people.

1010
00:54:20.620 --> 00:54:24.200
This is really important to understand, okay?

1011
00:54:26.820 --> 00:54:29.160
In trademark litigation, you may spend,

1012
00:54:30.060 --> 00:54:31.680
let's see, I'm in a litigation matter right now.

1013
00:54:31.680 --> 00:54:32.520
They're probably spending

1014
00:54:32.520 --> 00:54:35.700
in the order of half a million dollars, all right?

1015
00:54:35.700 --> 00:54:37.560
Patent litigation typically is in the order

1016
00:54:37.560 --> 00:54:41.660
of 3 million to $10 million, okay?

1017
00:54:41.660 --> 00:54:43.740
Now, why is this a big deal?

1018
00:54:44.740 --> 00:54:47.580
That half a million dollars in attorney's fees?

1019
00:54:47.580 --> 00:54:50.580
Imagine not only losing the case,

1020
00:54:50.580 --> 00:54:51.420
but on top of that,

1021
00:54:51.420 --> 00:54:54.980
having to pay half a million dollars of attorney's fees.

1022
00:54:54.980 --> 00:54:57.160
That's what willful infringement can do to you.

1023
00:54:57.160 --> 00:54:59.660
So if you get a cease and desist letter, don't ignore it.

1024
00:54:59.660 --> 00:55:00.500
Make sure.

1025
00:55:00.000 --> 00:55:02.580
you review it, make sure you believe that you're in the right,

1026
00:55:03.260 --> 00:55:06.300
you know, make sure that you're okay before you continue using

1027
00:55:06.300 --> 00:55:11.460
it because you're now on notice. Tomorrow in VIP, I'm going to

1028
00:55:11.460 --> 00:55:16.000
explain to you how to do a cease and desist letter. You have to

1029
00:55:16.000 --> 00:55:19.680
be careful when you send them out. If you send out a cease and

1030
00:55:19.680 --> 00:55:21.960
desist letter where somebody honestly believes that they

1031
00:55:21.960 --> 00:55:26.860
potentially that you've placed them on notice. And there's an

1032
00:55:26.860 --> 00:55:31.780
imminent threat of being sued. They can actually file a lawsuit

1033
00:55:31.780 --> 00:55:36.260
against you. We'll talk about this tomorrow. And so don't

1034
00:55:36.260 --> 00:55:39.200
worry about that for now. Okay, just understand that if you get

1035
00:55:39.200 --> 00:55:41.540
a cease and desist letter, make sure you do the investigation

1036
00:55:41.540 --> 00:55:44.260
determine whether or not you truly infringe because you're on

1037
00:55:44.260 --> 00:55:47.500
notice. And that can lead to willful infringement and you

1038
00:55:47.500 --> 00:55:52.860
don't want that type of situation. Okay, Jeanette, how

1039
00:55:52.860 --> 00:55:53.820
are you, my friend?

1040
00:55:54.740 --> 00:56:00.300
I'm fantastic, of course. Awesome. My last name is really

1041
00:56:00.300 --> 00:56:04.940
Finn. I love that. And thank you so much for all of this. My

1042
00:56:05.260 --> 00:56:09.660
couple of quick questions. One, is there anything I should do to

1043
00:56:09.660 --> 00:56:12.780
be prepared to be walking through the trademark thing

1044
00:56:12.820 --> 00:56:17.060
tomorrow? Like open an account or something?

1045
00:56:17.860 --> 00:56:20.740
Well, that's a brilliant question. Nobody's ever asked

1046
00:56:20.780 --> 00:56:26.820
that question before. Wow. You're amazing. Awesome. You're

1047
00:56:26.820 --> 00:56:31.940
amazing. Hold on one second. I'm going to walk to the USPTO

1048
00:56:31.940 --> 00:56:38.460
website. And I'm going to go to trademarks and I'm going to go to

1049
00:56:38.460 --> 00:56:45.100
file apply online and log in and set up your Yes. Okay. So the

1050
00:56:45.100 --> 00:56:47.980
answer is yes. I was going to walk people through that

1051
00:56:48.300 --> 00:56:52.860
tomorrow. But for those who are ambitious, you can do it now. So

1052
00:56:52.860 --> 00:56:58.300
I'm going to drop a link for you. Right here.

1053
00:56:58.540 --> 00:57:01.540
Is that the same one I just like? And was that link seven?

1054
00:57:02.140 --> 00:57:06.100
No, it's it's different. What you dropped was what a

1055
00:57:06.100 --> 00:57:10.980
trademark is and the process for filing. I am dropping something

1056
00:57:10.980 --> 00:57:20.100
that says trademark application. First step. Control the enter.

1057
00:57:20.220 --> 00:57:24.580
Alright, everybody see that? So when you click on that, that's

1058
00:57:24.580 --> 00:57:29.140
the login for being able to file a trademark application. And so

1059
00:57:29.140 --> 00:57:34.180
you can set up a USPTO account. It's so simple. Like you give

1060
00:57:34.180 --> 00:57:37.700
them your email address. It's so easy. It takes literally like a

1061
00:57:37.700 --> 00:57:40.540
minute, but you can do it beforehand and be be ahead of

1062
00:57:40.540 --> 00:57:43.300
the game. So tomorrow, you can just jump right in. Okay.

1063
00:57:44.540 --> 00:57:47.940
Okay. And then the next little question is, so now I can

1064
00:57:47.940 --> 00:57:53.580
already go and put the little TM next to my innocent again, where

1065
00:57:53.580 --> 00:57:54.980
do I get the TM?

1066
00:57:57.260 --> 00:58:00.020
So you mean like on your materials? How do you put it in

1067
00:58:00.020 --> 00:58:00.460
there?

1068
00:58:00.740 --> 00:58:05.420
Yeah. And where do I Yeah, like on my website, I can go in and

1069
00:58:05.420 --> 00:58:09.820
edit my foot is the TM like on my good question. That's a good

1070
00:58:09.820 --> 00:58:12.940
question. Do not. That's a very practical question. Alright, so

1071
00:58:12.940 --> 00:58:17.460
what I would do, there's a few ways you can do it. You can take

1072
00:58:17.500 --> 00:58:21.460
the name, right? Let's say it was like Nike, you can take that

1073
00:58:21.460 --> 00:58:25.980
name, you can create an image out of the name, and then go

1074
00:58:25.980 --> 00:58:30.420
into paint or go into some other image editing program and then

1075
00:58:30.460 --> 00:58:34.300
add text to it and then use a capital T capital M and put it

1076
00:58:34.300 --> 00:58:40.180
on the top right equal to the to the to the letter, you can do

1077
00:58:40.180 --> 00:58:44.780
that, which is very straightforward to do that. And

1078
00:58:44.780 --> 00:58:49.020
then you can take that image and go into your funnel or your

1079
00:58:49.020 --> 00:58:53.300
website and use that image instead of typing the words. So

1080
00:58:53.300 --> 00:58:56.180
now it's an image. Okay, that's when one way to do it because

1081
00:58:56.180 --> 00:58:59.820
when you're creating websites, it's not as easy to create a

1082
00:58:59.820 --> 00:59:04.580
really small subscript and move it into the right position. So

1083
00:59:04.580 --> 00:59:07.580
the way that most people will do it is they'll take the word

1084
00:59:07.940 --> 00:59:10.180
that's associated with their trademark, and they'll turn it

1085
00:59:10.180 --> 00:59:13.900
into an image, and then they'll edit the image with the text,

1086
00:59:13.940 --> 00:59:17.540
and then they'll copy the image and put the image even though

1087
00:59:17.540 --> 00:59:21.700
it's a word, they've created it as an image, and they've pasted

1088
00:59:21.700 --> 00:59:25.020
the image there. Personally, I know how to actually create

1089
00:59:25.020 --> 00:59:28.140
superscripts and other stuff like that in funnels and

1090
00:59:28.140 --> 00:59:33.340
websites, so I can do it. But other people, you know, that'll

1091
00:59:33.340 --> 00:59:36.140
be your easiest way to do is to actually turn it into an image.

1092
00:59:36.380 --> 00:59:38.940
Then you can manipulate whatever you want. Yes, Larissa.

1093
00:59:42.980 --> 00:59:47.460
And like, TM is often in emojis as well. So could they also be

1094
00:59:47.460 --> 00:59:48.940
grabbed off an emoji website?

1095
00:59:50.300 --> 00:59:55.620
Oh, yeah. So you can actually, you can grab an icon. There's

1096
00:59:55.660 --> 00:59:59.380
icons that are available. Like if you go into Canva, I'm sure

1097
00:59:59.380 --> 01:00:00.060
everybody here

1098
01:00:00.000 --> 01:00:02.080
or most people here know about Canva.

1099
01:00:02.080 --> 01:00:05.520
If you go in Canva and you type in TM in a search,

1100
01:00:05.520 --> 01:00:06.800
it'll pop up.

1101
01:00:06.800 --> 01:00:10.100
You'll see all sorts of images with TMs on them.

1102
01:00:10.100 --> 01:00:11.820
You'll see some that are designer ones,

1103
01:00:11.820 --> 01:00:14.040
you'll see some that are just the letters,

1104
01:00:14.040 --> 01:00:15.560
and you can use that as an image

1105
01:00:15.560 --> 01:00:20.560
and add that right next to your trademark as well, okay?

1106
01:00:21.900 --> 01:00:25.420
All right, Mary, you are up, my friend, how are you?

1107
01:00:26.340 --> 01:00:27.700
I'm good, I'm good.

1108
01:00:27.700 --> 01:00:29.300
This is all really awesome,

1109
01:00:29.300 --> 01:00:31.340
awesome stuff that you've got here.

1110
01:00:31.340 --> 01:00:34.020
I actually was in your one before and I was so busy

1111
01:00:34.020 --> 01:00:36.260
that I didn't have time to take advantage of that.

1112
01:00:36.260 --> 01:00:37.940
So here I am again.

1113
01:00:37.940 --> 01:00:39.300
You're welcome, welcome.

1114
01:00:39.300 --> 01:00:41.000
Yes, yes.

1115
01:00:41.000 --> 01:00:43.760
I had two questions that are related,

1116
01:00:44.700 --> 01:00:47.180
and I know you talked about this in the prior one,

1117
01:00:47.180 --> 01:00:50.500
I need to, okay, but if we do this intent to use,

1118
01:00:50.500 --> 01:00:53.820
and you said it can't change one of them later,

1119
01:00:53.820 --> 01:00:56.580
maybe that was actually after you filed the real one,

1120
01:00:56.580 --> 01:00:58.300
but is the intent to use that-

1121
01:00:58.300 --> 01:01:00.140
Brilliant, I know where you're going.

1122
01:01:00.140 --> 01:01:02.860
About, yeah, because if we're going to do this,

1123
01:01:02.860 --> 01:01:04.300
I don't want to slap it out there and then go,

1124
01:01:04.300 --> 01:01:05.540
oh my gosh, I should have put-

1125
01:01:05.540 --> 01:01:08.180
Okay, so what Mary's talking about,

1126
01:01:08.180 --> 01:01:11.300
Mary's a little ahead of the curve.

1127
01:01:11.300 --> 01:01:13.820
So some of you are going to see this tomorrow

1128
01:01:13.820 --> 01:01:16.140
when we file a trademark application.

1129
01:01:16.140 --> 01:01:18.100
You can file an application

1130
01:01:18.100 --> 01:01:20.980
in multiple international classes.

1131
01:01:20.980 --> 01:01:22.140
What do I mean by that?

1132
01:01:22.180 --> 01:01:27.180
Well, the name Apple is used on laptops,

1133
01:01:27.940 --> 01:01:31.500
desktops, merchandise.

1134
01:01:31.500 --> 01:01:36.500
It's used on, it's also used on cell phones, right?

1135
01:01:39.900 --> 01:01:41.060
Yeah, thank you, Cindy.

1136
01:01:41.060 --> 01:01:42.140
I'm like looking up in the air

1137
01:01:42.140 --> 01:01:43.620
and Cindy is like putting it in my face.

1138
01:01:43.620 --> 01:01:45.620
It's right here, it's not up in the air.

1139
01:01:45.620 --> 01:01:48.100
So there's all these different things

1140
01:01:48.100 --> 01:01:50.140
that you can use the name Apple for, right?

1141
01:01:50.140 --> 01:01:52.340
They don't all fall under what's called

1142
01:01:52.340 --> 01:01:56.100
the same international classification, all right?

1143
01:01:56.100 --> 01:01:57.140
Tomorrow you're going to learn

1144
01:01:57.140 --> 01:02:00.500
what an international classification is, okay?

1145
01:02:00.500 --> 01:02:03.100
Whatever your service or good is,

1146
01:02:03.100 --> 01:02:05.700
when you type in that word under the website

1147
01:02:05.700 --> 01:02:07.220
that I'm going to show you,

1148
01:02:07.220 --> 01:02:10.060
the associated international classification

1149
01:02:10.060 --> 01:02:11.500
is going to pop up.

1150
01:02:11.500 --> 01:02:12.340
Okay.

1151
01:02:12.340 --> 01:02:15.580
So we're going to make your life much easier, all right?

1152
01:02:15.580 --> 01:02:17.220
So now what do you do with that?

1153
01:02:17.220 --> 01:02:20.900
Well, let's say that I use the name Apple on cell phones,

1154
01:02:20.900 --> 01:02:23.340
but I also use it on t-shirts.

1155
01:02:23.340 --> 01:02:24.900
Those are two totally different

1156
01:02:24.900 --> 01:02:26.900
international classifications.

1157
01:02:26.900 --> 01:02:31.900
So I would file one application on laptops,

1158
01:02:32.740 --> 01:02:34.500
the international classification for that,

1159
01:02:34.500 --> 01:02:36.820
which is likely like class nine,

1160
01:02:36.820 --> 01:02:39.980
and then a separate one for t-shirts, right?

1161
01:02:39.980 --> 01:02:43.540
Which off top of my head, I'm not sure what that class is.

1162
01:02:43.540 --> 01:02:45.060
And so those are two totally different ones.

1163
01:02:45.060 --> 01:02:48.540
Well, what if I'm already using the name for laptops,

1164
01:02:48.540 --> 01:02:50.980
but I haven't started using it on t-shirts yet?

1165
01:02:51.940 --> 01:02:55.740
That means I have an actual use application for laptops,

1166
01:02:55.740 --> 01:02:58.300
but an intent to use application for t-shirts.

1167
01:02:58.300 --> 01:02:59.380
Do you see that?

1168
01:02:59.380 --> 01:03:03.020
So there's two different, I have two different uses.

1169
01:03:03.020 --> 01:03:04.780
One of them I'm not doing yet,

1170
01:03:06.460 --> 01:03:10.340
because some of you are going to have coaching

1171
01:03:10.340 --> 01:03:11.420
that you're doing,

1172
01:03:11.420 --> 01:03:12.820
but then you might have merchandise

1173
01:03:12.820 --> 01:03:14.820
associated with your coaching.

1174
01:03:15.580 --> 01:03:18.100
So you might have t-shirts or caps or like jerseys

1175
01:03:18.100 --> 01:03:20.900
so that the people that enter into your challenges

1176
01:03:20.900 --> 01:03:23.780
or into your networks that are within your inner circle,

1177
01:03:23.780 --> 01:03:25.940
you're sending them for free a cap

1178
01:03:25.940 --> 01:03:27.540
that has your logo on it.

1179
01:03:27.540 --> 01:03:29.100
So now they're essentially,

1180
01:03:29.100 --> 01:03:31.900
they feel like they're part of something, right?

1181
01:03:31.900 --> 01:03:35.820
So not only do you want to have the trademark

1182
01:03:35.820 --> 01:03:38.340
for international class 35 or 41,

1183
01:03:38.340 --> 01:03:39.860
which is associated with services,

1184
01:03:39.860 --> 01:03:41.740
which we'll go into tomorrow,

1185
01:03:41.740 --> 01:03:44.780
but you may also want it associated with baseball caps

1186
01:03:45.740 --> 01:03:48.980
so that other people can't use that logo on baseball caps

1187
01:03:48.980 --> 01:03:51.300
because they see it associated with your services

1188
01:03:51.300 --> 01:03:53.340
and say, I want to throw that on a t-shirt

1189
01:03:53.340 --> 01:03:54.820
or throw it on a cap,

1190
01:03:54.820 --> 01:03:56.540
but you haven't made the caps yet.

1191
01:03:57.700 --> 01:03:59.380
That's where you combine.

1192
01:03:59.380 --> 01:04:01.180
That's when you can combine.

1193
01:04:01.180 --> 01:04:02.420
You file one copyright,

1194
01:04:02.420 --> 01:04:05.220
one trademark application for actual use.

1195
01:04:05.220 --> 01:04:07.020
And in that same application,

1196
01:04:07.020 --> 01:04:11.020
you have a second part, which is the intent to use.

1197
01:04:11.020 --> 01:04:12.700
Haven't made the baseball caps yet.

1198
01:04:12.700 --> 01:04:15.100
That class is intent to use.

1199
01:04:15.100 --> 01:04:19.140
Have used it already for whatever the services are.

1200
01:04:19.140 --> 01:04:21.180
That's actual use.

1201
01:04:21.180 --> 01:04:25.020
So one's a section 1A and one's a section 1B.

1202
01:04:25.020 --> 01:04:27.660
So Mary's question is, well, what if I do that?

1203
01:04:28.580 --> 01:04:29.420
What happens?

1204
01:04:29.420 --> 01:04:33.300
Like, what if I file,

1205
01:04:33.300 --> 01:04:35.580
like, should I file two separate applications,

1206
01:04:35.580 --> 01:04:38.220
one for actual use and one for intent to use?

1207
01:04:39.460 --> 01:04:40.780
Well, I'll tell you this much.

1208
01:04:41.540 --> 01:04:43.180
It's going to cost you the same if you're doing it yourself

1209
01:04:43.180 --> 01:04:46.100
because you're paying the same 275 for each class.

1210
01:04:47.820 --> 01:04:51.540
So you can file one application for the actual use

1211
01:04:51.540 --> 01:04:53.380
and a separate application for the intent to use

1212
01:04:53.380 --> 01:04:55.340
if you so choose, that's up to you.

1213
01:04:55.340 --> 01:04:58.180
That's kind of a strategy I've used in the past

1214
01:04:58.180 --> 01:05:00.140
because I want to get a registration.

1215
01:05:00.000 --> 01:05:01.760
as soon as possible.

1216
01:05:01.760 --> 01:05:03.640
So if I have an intent to use,

1217
01:05:03.640 --> 01:05:05.920
and forgive me if I lose some of you here

1218
01:05:05.920 --> 01:05:08.360
because this is going deep,

1219
01:05:08.360 --> 01:05:11.000
but you should be able to follow this.

1220
01:05:11.000 --> 01:05:13.920
So CAPS, haven't made them yet.

1221
01:05:13.920 --> 01:05:16.160
Laptops, I'm already making them.

1222
01:05:16.160 --> 01:05:18.880
Actual use for laptops, intent to use for CAPS.

1223
01:05:18.880 --> 01:05:20.660
Everybody okay there?

1224
01:05:20.660 --> 01:05:22.720
All right, everybody's okay there, all right.

1225
01:05:22.720 --> 01:05:25.420
Mary's question is, do I file them in one application?

1226
01:05:27.160 --> 01:05:29.180
Or do I file them separate?

1227
01:05:29.260 --> 01:05:32.360
My answer, you can do either, it's up to you.

1228
01:05:32.360 --> 01:05:34.100
I tend to file them separate.

1229
01:05:34.100 --> 01:05:37.520
I'll tell you why, because for the actual use application,

1230
01:05:37.520 --> 01:05:40.220
that registration is gonna go through very fast.

1231
01:05:40.220 --> 01:05:41.140
I'm already doing it.

1232
01:05:41.140 --> 01:05:43.820
I don't have to change it into an actual use.

1233
01:05:43.820 --> 01:05:46.300
So now it gets examined, it gets allowed,

1234
01:05:46.300 --> 01:05:48.300
boom, I get a registration.

1235
01:05:48.300 --> 01:05:51.420
The intent to use gets examined, it gets allowed.

1236
01:05:51.420 --> 01:05:53.340
I don't have a registration, why?

1237
01:05:53.340 --> 01:05:55.380
I now have to show proof of use.

1238
01:05:56.220 --> 01:06:00.340
Once I file proof of use, then I can get a registration.

1239
01:06:00.340 --> 01:06:02.300
So why would I slow down the registration

1240
01:06:02.300 --> 01:06:04.860
of something that's actually being used

1241
01:06:04.860 --> 01:06:07.500
with something that's intentionally being used?

1242
01:06:07.500 --> 01:06:09.820
You're like, do I wanna kind of put them together?

1243
01:06:09.820 --> 01:06:10.740
Yes or no?

1244
01:06:10.740 --> 01:06:14.320
You can, but then if you do, you gotta separate them.

1245
01:06:14.320 --> 01:06:16.760
And there's a process to do that, to get the registration.

1246
01:06:16.760 --> 01:06:19.940
It's easier to file in actual use alone

1247
01:06:19.940 --> 01:06:22.780
and intent to use separate, okay?

1248
01:06:22.780 --> 01:06:24.700
Can you do, can you file them together?

1249
01:06:24.700 --> 01:06:25.940
Absolutely.

1250
01:06:25.940 --> 01:06:27.700
Use a lawyer, they know how to do it.

1251
01:06:27.700 --> 01:06:30.260
It just, it makes it a little messier

1252
01:06:30.260 --> 01:06:33.160
than just filing two separate applications.

1253
01:06:33.160 --> 01:06:34.820
You don't have to, you can do it either way.

1254
01:06:34.820 --> 01:06:36.380
Either way will work.

1255
01:06:36.380 --> 01:06:38.620
Mary, does that answer your question?

1256
01:06:38.620 --> 01:06:40.500
There was a wrinkle to this.

1257
01:06:40.500 --> 01:06:41.880
Yeah, go ahead, go ahead.

1258
01:06:41.880 --> 01:06:44.740
Okay, I was thinking if I'm filing this intent to use

1259
01:06:44.740 --> 01:06:45.980
and I don't have anything else,

1260
01:06:45.980 --> 01:06:47.440
and I just thought, let me just get

1261
01:06:47.440 --> 01:06:49.140
some kind of protection out here.

1262
01:06:49.140 --> 01:06:51.980
Do I have to cover every single possible thing

1263
01:06:51.980 --> 01:06:55.260
that I might put that thing on in the intent to use

1264
01:06:55.260 --> 01:06:57.100
or else I have to file another one

1265
01:06:57.100 --> 01:06:58.340
and put that thing on there?

1266
01:06:58.340 --> 01:06:59.180
That's what was my-

1267
01:06:59.180 --> 01:07:00.740
Yeah, that's another good question.

1268
01:07:00.740 --> 01:07:03.820
So yes, okay.

1269
01:07:03.820 --> 01:07:06.020
Well, you're talking about a strategy.

1270
01:07:06.020 --> 01:07:07.220
This is strategy, okay?

1271
01:07:07.220 --> 01:07:09.820
This is, Mary's thinking like a coach,

1272
01:07:09.820 --> 01:07:11.180
like a business owner, all right?

1273
01:07:11.180 --> 01:07:13.340
This is a strategy question.

1274
01:07:13.340 --> 01:07:16.620
All right, so let's say I have a client.

1275
01:07:16.620 --> 01:07:18.460
Well, I do, I'm not just saying I have a client.

1276
01:07:18.460 --> 01:07:21.460
I do have a client presently who makes wallets,

1277
01:07:21.940 --> 01:07:24.260
makes cell phone cases,

1278
01:07:24.260 --> 01:07:27.420
and makes one other thing,

1279
01:07:27.420 --> 01:07:29.840
which doesn't come to mind right now.

1280
01:07:31.260 --> 01:07:32.860
It's like a fob holder.

1281
01:07:32.860 --> 01:07:34.820
Like everybody knows what a fob is.

1282
01:07:34.820 --> 01:07:36.740
So you go to a building or something like that,

1283
01:07:36.740 --> 01:07:37.700
you swipe the fob,

1284
01:07:37.700 --> 01:07:39.820
and now you get access to the building, right?

1285
01:07:39.820 --> 01:07:42.320
So he has like these three different things, okay?

1286
01:07:43.220 --> 01:07:45.020
Hasn't started making the fobs yet.

1287
01:07:46.460 --> 01:07:49.700
All right, so he said,

1288
01:07:49.740 --> 01:07:53.100
I wanna file one application now for everything,

1289
01:07:53.100 --> 01:07:55.220
but I want everything to be intent to use.

1290
01:07:55.220 --> 01:07:57.140
Like, can I just file everything as intent to use?

1291
01:07:57.140 --> 01:07:58.100
I said, yeah, by all means,

1292
01:07:58.100 --> 01:08:00.900
you can file everything as an intent to use, sure.

1293
01:08:00.900 --> 01:08:03.220
But you can't change that intent to use to an actual use

1294
01:08:03.220 --> 01:08:04.260
until you've actually used it

1295
01:08:04.260 --> 01:08:05.940
on every single thing on that list.

1296
01:08:05.940 --> 01:08:07.060
Oh, wow, okay.

1297
01:08:07.060 --> 01:08:10.940
So let's say that in your second quarter

1298
01:08:10.940 --> 01:08:12.060
for the corporation,

1299
01:08:12.960 --> 01:08:15.400
in Q2 for your corporation,

1300
01:08:15.400 --> 01:08:19.660
you're gonna be creating caps, t-shirts,

1301
01:08:20.500 --> 01:08:21.340
and scarves.

1302
01:08:21.340 --> 01:08:25.100
But in Q3, you're going to be,

1303
01:08:25.100 --> 01:08:27.939
in Q3, you're gonna add like bags.

1304
01:08:27.939 --> 01:08:30.620
And next year, like next year,

1305
01:08:30.620 --> 01:08:33.020
you're gonna add laptops.

1306
01:08:33.020 --> 01:08:36.899
Don't file one application including laptops.

1307
01:08:36.899 --> 01:08:37.740
Why?

1308
01:08:37.740 --> 01:08:39.920
Because if you file an intent to use applications

1309
01:08:39.920 --> 01:08:42.800
and you're already making the caps and the scarves

1310
01:08:42.800 --> 01:08:45.140
and the bags,

1311
01:08:45.140 --> 01:08:47.140
you're never gonna get the registration

1312
01:08:47.140 --> 01:08:50.060
unless you split the application

1313
01:08:50.060 --> 01:08:51.620
for what's actually being used.

1314
01:08:51.620 --> 01:08:53.540
So what I would do

1315
01:08:53.540 --> 01:08:56.819
is if you wanna get your registration sooner

1316
01:08:56.819 --> 01:08:58.380
is I would file one registration

1317
01:08:58.380 --> 01:09:02.580
for the things that you're potentially going to use sooner.

1318
01:09:02.580 --> 01:09:03.620
Okay.

1319
01:09:03.620 --> 01:09:05.540
And then for the things that you're not gonna use

1320
01:09:05.540 --> 01:09:08.740
until way down the road potentially,

1321
01:09:08.740 --> 01:09:11.819
keep those speculation things into another app.

1322
01:09:11.819 --> 01:09:13.140
Is it gonna cost you more money?

1323
01:09:13.140 --> 01:09:15.319
Yes, it will cost you more money.

1324
01:09:16.319 --> 01:09:21.319
But you're gonna get a registration sooner.

1325
01:09:23.880 --> 01:09:25.920
I mean, that's how it's really gonna break down

1326
01:09:25.920 --> 01:09:29.520
because can you file them all in one application?

1327
01:09:29.520 --> 01:09:31.560
Yeah, by all means, you can file in one application,

1328
01:09:31.560 --> 01:09:33.040
make them all intent to use.

1329
01:09:33.040 --> 01:09:35.359
And legally, what actually could work,

1330
01:09:35.359 --> 01:09:37.960
I'm giving you a really deep dive in this right now, Mary,

1331
01:09:37.960 --> 01:09:40.160
just so you know how it works legally,

1332
01:09:40.160 --> 01:09:43.479
is if I have five things and three things I start using,

1333
01:09:43.560 --> 01:09:47.520
I could file a petition with the trademark office.

1334
01:09:47.520 --> 01:09:50.040
And in that petition, I can ask them to split out

1335
01:09:50.040 --> 01:09:52.000
the things that are actually being used.

1336
01:09:52.000 --> 01:09:52.840
Okay.

1337
01:09:52.840 --> 01:09:55.960
And then take the registration for what is being used

1338
01:09:55.960 --> 01:09:58.100
and maintain an intent to use

1339
01:09:58.100 --> 01:10:00.000
for the things that are not being used.

1340
01:10:00.000 --> 01:10:04.760
That's like, I mean, you're talking deep stuff now, but you can do that.

1341
01:10:04.880 --> 01:10:06.000
It is possible.

1342
01:10:06.760 --> 01:10:11.200
So what I would do is if I know this year, I'm going to be making these seven

1343
01:10:11.200 --> 01:10:12.960
products for one application for that.

1344
01:10:13.240 --> 01:10:16.120
If three years down the road, I'm going to be adding these other things,

1345
01:10:16.400 --> 01:10:21.160
follow a separate intent to use application for those because then you'll get a

1346
01:10:21.160 --> 01:10:27.600
registration sooner for what you are using as opposed to filing on petitions

1347
01:10:27.600 --> 01:10:28.640
and all this other stuff.

1348
01:10:29.040 --> 01:10:30.040
All of it's possible.

1349
01:10:30.040 --> 01:10:30.840
It's just messy.

1350
01:10:31.640 --> 01:10:32.080
Okay.

1351
01:10:32.280 --> 01:10:32.640
Okay.

1352
01:10:33.080 --> 01:10:33.560
Okay.

1353
01:10:33.800 --> 01:10:37.400
And I don't want to honk anything, but there's this thing where you have this

1354
01:10:37.400 --> 01:10:39.760
name you're going to do as a trademark, because I know you're going to come up

1355
01:10:39.760 --> 01:10:40.000
with this.

1356
01:10:40.000 --> 01:10:41.400
I'm just planting the seed here.

1357
01:10:42.080 --> 01:10:45.440
And it's like some word you made up, you spelled it a weird way, but you want to

1358
01:10:45.440 --> 01:10:46.280
trademark that.

1359
01:10:46.640 --> 01:10:49.040
And then, and this is going to be like your brand or whatever.

1360
01:10:49.080 --> 01:10:53.840
And then you will use it like that boom, like that with this.

1361
01:10:53.840 --> 01:10:58.000
And then you just have this series of things about combining trademarks, like a

1362
01:10:58.000 --> 01:11:00.240
class where you're like, that you're going to teach.

1363
01:11:00.240 --> 01:11:03.800
And then it'll have that one that you trademarked and then Microsoft office,

1364
01:11:03.840 --> 01:11:06.640
Microsoft Excel, Microsoft word.

1365
01:11:06.920 --> 01:11:07.600
Yes.

1366
01:11:07.640 --> 01:11:12.160
So when you do your thing, do you do all those at one time or what do you?

1367
01:11:12.520 --> 01:11:12.760
Yeah.

1368
01:11:12.760 --> 01:11:16.680
The way I would do that is I would file from Microsoft separate if you're using

1369
01:11:16.680 --> 01:11:17.600
Microsoft alone.

1370
01:11:18.680 --> 01:11:18.840
Okay.

1371
01:11:18.840 --> 01:11:23.160
And then as you come out with the different apps, you need to determine whether or

1372
01:11:23.160 --> 01:11:25.800
not each one of those is, is important to you.

1373
01:11:26.240 --> 01:11:30.240
If it is important, then you want to file separate applications on those, but here's

1374
01:11:30.240 --> 01:11:30.760
the thing.

1375
01:11:31.120 --> 01:11:33.880
You can't follow a trademark application just for Excel.

1376
01:11:34.560 --> 01:11:40.000
If you're always using it as Microsoft Excel, see, it comes down to how are you

1377
01:11:40.000 --> 01:11:41.560
using it in interstate commerce?

1378
01:11:41.760 --> 01:11:45.280
Because you have to provide a specimen to the United States patent and trademark

1379
01:11:45.280 --> 01:11:45.760
office.

1380
01:11:46.400 --> 01:11:48.400
Like you have to send them a sample.

1381
01:11:49.120 --> 01:11:52.560
And if you're never using it the way that you filed the application, you're never

1382
01:11:52.560 --> 01:11:53.600
going to get a registration.

1383
01:11:53.920 --> 01:11:54.320
Okay.

1384
01:11:56.440 --> 01:12:02.520
So if I, if I file an application for Excel, but every time it's, it's used, it's

1385
01:12:02.520 --> 01:12:07.200
Microsoft Excel, Microsoft Excel, Microsoft Excel, the examiner might reject it.

1386
01:12:07.240 --> 01:12:10.640
They may come back and say, look, you're not using Excel alone.

1387
01:12:10.640 --> 01:12:11.600
It's not its own trademark.

1388
01:12:11.640 --> 01:12:13.360
Your trademark is actually Microsoft Excel.

1389
01:12:14.400 --> 01:12:15.720
You know, they could do that.

1390
01:12:16.080 --> 01:12:17.480
Um, can you fight it legally?

1391
01:12:17.480 --> 01:12:18.520
Yeah, you can fight it legally.

1392
01:12:18.520 --> 01:12:19.320
It's going to be messy.

1393
01:12:20.440 --> 01:12:24.720
But the, the big question is what is the most important part to you?

1394
01:12:24.720 --> 01:12:29.120
Now, if you're saying the word Excel exists already, the word word already

1395
01:12:29.120 --> 01:12:30.480
exists, I don't care about those.

1396
01:12:30.640 --> 01:12:32.440
The word Microsoft is what I really care about.

1397
01:12:32.440 --> 01:12:34.360
Then you can follow registration for Microsoft.

1398
01:12:34.680 --> 01:12:40.400
Nobody will ever be able to use Microsoft with anything because you own Microsoft.

1399
01:12:41.240 --> 01:12:45.560
So they can't say Microsoft Excel, Microsoft word, Microsoft, anything, but

1400
01:12:45.560 --> 01:12:47.720
they can then use the word Excel alone.

1401
01:12:49.000 --> 01:12:52.400
So the question is, are you going to be upset when they use the word Excel alone?

1402
01:12:53.320 --> 01:12:56.480
That's the question that you need to ask yourself as a business.

1403
01:12:56.480 --> 01:12:56.840
Okay.

1404
01:12:57.120 --> 01:12:58.200
And I'm going to stop there.

1405
01:12:58.200 --> 01:13:00.800
Cause that's it's two 33 right now.

1406
01:13:02.120 --> 01:13:05.400
Uh, so we went over, um, we're going to be doing this every day.

1407
01:13:05.440 --> 01:13:07.040
Just everybody knows we're going to be doing this.

1408
01:13:07.040 --> 01:13:09.040
You're going to have access to this every day.

1409
01:13:09.400 --> 01:13:12.560
Bring your life situations, your real life questions.

1410
01:13:12.960 --> 01:13:14.800
Again, none of this is legal advice.

1411
01:13:15.360 --> 01:13:18.000
Um, you should be taking this and then speaking to your attorneys

1412
01:13:18.040 --> 01:13:19.640
with regard to situations.

1413
01:13:20.480 --> 01:13:27.440
But I want to kind of get you on track so you know what you can and you can't do.

1414
01:13:27.680 --> 01:13:30.800
And then you can speak to your attorneys with some level of education, as

1415
01:13:30.800 --> 01:13:34.880
opposed to going in dry, where you have no clue what they're talking about.

1416
01:13:35.560 --> 01:13:38.760
At this point, all we've covered is like day one of trademarks.

1417
01:13:38.800 --> 01:13:40.760
There's going to be a whole second day of trademarks.

1418
01:13:41.760 --> 01:13:45.280
And then we're going to have a VIP session again on trademarks.

1419
01:13:45.800 --> 01:13:49.640
So be sure to go into your lives mentioned, you know, what your

1420
01:13:49.640 --> 01:13:52.240
takeaways are, because those are going to be very valuable.