WEBVTT

1
00:00:00.960 --> 00:00:05.280
Hello, hello. All right, everybody's getting in.

2
00:00:08.240 --> 00:00:14.720
Wonderful, wonderful. People popping up. Hello, Coach Karen. How are you? Hey, Susan.

3
00:00:16.079 --> 00:00:22.160
Carol, Coach Jennifer. Good to see all of you. Coach Karen, I loved your live. Oh, my gosh.

4
00:00:22.800 --> 00:00:26.960
Like, my wife and I were watching yours. I watched it alone first, and I called my wife and said,

5
00:00:26.960 --> 00:00:33.440
you've got to watch this. Like, her analysis is so good. Like, it's amazing, just the

6
00:00:33.440 --> 00:00:38.800
ambitiousness, how you're jumping into applying things immediately. That was wonderful. Yeah.

7
00:00:39.360 --> 00:00:43.200
Yeah, the changes are already made on my site with the things I had said.

8
00:00:44.000 --> 00:00:49.360
Wow. I had my assistant do that last night, and I sent all the files for all three of my,

9
00:00:49.360 --> 00:00:53.200
three of the businesses, all the things to the graphic designer this morning,

10
00:00:53.200 --> 00:01:00.240
you know, because I pull apart so much. We have one mark that is registered, you know, that I did

11
00:01:00.240 --> 00:01:07.760
like 28 years ago and that kind of thing. But I use so many parts and pieces of it that I haven't

12
00:01:07.760 --> 00:01:14.640
put the TM, you know, places in that. So I'm doing that on all of them. And in my own business,

13
00:01:14.640 --> 00:01:20.640
I haven't. So it's interesting. Come on. I know. Thanks for that, because that's when I realized,

14
00:01:20.640 --> 00:01:25.840
like, oh, I need to cancel others, move everybody around. I spent half my day yesterday moving my

15
00:01:25.840 --> 00:01:32.800
schedule so that I could be here, you know, begging people to change their time. Thank you.

16
00:01:32.800 --> 00:01:38.080
That is awesome. I love that. I love how you started applying things immediately. And

17
00:01:38.080 --> 00:01:44.640
that's why I really love about this group is that these are people that are like practically

18
00:01:44.640 --> 00:01:49.920
implementing things now. Like this isn't this isn't some fictitious or, you know, thing that

19
00:01:50.000 --> 00:01:56.560
may happen sometimes in the future. This is like real life. I am going to admit Paula. So she's

20
00:01:56.560 --> 00:02:02.400
here. Can you make me co-host? And I'll take care of that. I am making you do you want to

21
00:02:02.400 --> 00:02:07.600
make a co-host? Yes. You are now co-host. And are you going to record a recording? We're good.

22
00:02:07.600 --> 00:02:14.240
Yeah, I just turned it on so that everybody has it so that and for this discussion, I think

23
00:02:14.240 --> 00:02:21.120
the gallery view is it's up to all of you, quite frankly, because I can record any way I want. Like

24
00:02:21.120 --> 00:02:30.480
I'm actually doing very high end 4K video plus high end res audio as well. So it's it should be

25
00:02:30.480 --> 00:02:36.160
good quality for all of you. So I have to process things afterwards and I do some video editing and

26
00:02:36.160 --> 00:02:40.480
do a few modifications at the beginning, the ending and then, you know, and then make it up,

27
00:02:40.480 --> 00:02:45.520
upload it for you. So I can do this all in like this gallery view if you want, or if you want the

28
00:02:45.520 --> 00:02:52.480
speaker to be pinned, we can do anything you want. We can be as creative as you want. So during this

29
00:02:52.480 --> 00:02:59.280
session, there's a lot of interaction. So I tend to use gallery more in this in this VIP environment

30
00:02:59.280 --> 00:03:04.240
because it's different people that are speaking. If that's what you want, I can do that. But Larissa,

31
00:03:04.240 --> 00:03:09.600
what are you thinking that we have Paula today? So I think. Yeah, that's a good point. So let's

32
00:03:09.600 --> 00:03:14.400
pin her in the beginning. Right. Yeah. Can you make me host and I'll make you co-host back? Yeah,

33
00:03:14.400 --> 00:03:22.320
let me do that. When I do that is let me make you host and then you can. All right. You are now

34
00:03:23.600 --> 00:03:28.400
host. And now you can make me co-host and then we can go from there.

35
00:03:29.680 --> 00:03:33.200
Paula's listening to this going, hold it. They're going to pin me. What does that mean?

36
00:03:33.200 --> 00:03:35.760
Why are they pinning me? What did I do? I didn't do anything.

37
00:03:35.760 --> 00:03:40.960
We're actually spotlighting her and I'm going to spotlight you. That's great. Love it.

38
00:03:45.440 --> 00:03:51.840
All right. Right. Ready to jump in and get going? Yes. Yes. So just so people are aware,

39
00:03:51.840 --> 00:03:57.680
this is what the game plan is. I figured I'd start off with like maybe 15 minutes of Paula being

40
00:03:57.680 --> 00:04:03.760
available to interact, give you any feedback, questions with regard to Canada, just in general

41
00:04:03.760 --> 00:04:09.440
with regard to how the laws work. I actually received a few questions from some ambitious

42
00:04:09.440 --> 00:04:17.519
individuals who already emailed me Canadian questions. Wow. That's brilliant, which is good.

43
00:04:17.519 --> 00:04:20.880
I'm going to go over those two questions for you, Paula. I'll read them out to you.

44
00:04:21.680 --> 00:04:27.440
And so maybe we'll start out there. And then if individuals have a question for her,

45
00:04:28.720 --> 00:04:32.240
everybody should know how to click that reaction button and then raise your hand.

46
00:04:32.960 --> 00:04:37.600
Just do that. And that's going to bring you to the top left of our panel. So we'll see you,

47
00:04:37.600 --> 00:04:40.640
although obviously Larissa will be looking through to see if there's anybody

48
00:04:41.360 --> 00:04:48.400
there who has any questions. OK, so with that, Paula, let me ask you the first question.

49
00:04:50.320 --> 00:04:54.640
All right. So it's one of the questions is if my company's name is already registered in Canada,

50
00:04:55.280 --> 00:04:59.440
I assume I can't sell ship my products without violating laws.

51
00:05:00.000 --> 00:05:04.920
Do I create an alternate brand if I want to sell in Canada?

52
00:05:04.920 --> 00:05:07.480
Okay, so this is an individual who says

53
00:05:08.920 --> 00:05:11.600
they may or may not have a registration already

54
00:05:11.600 --> 00:05:15.640
in the United States, but in Canada,

55
00:05:15.640 --> 00:05:19.040
it's already registered, the name that they wanna use.

56
00:05:19.040 --> 00:05:22.760
So they're saying, if I have a registration already

57
00:05:22.760 --> 00:05:25.840
or if I don't have a registration already in another place

58
00:05:25.840 --> 00:05:29.120
and I try to go into Canada and there is a registration,

59
00:05:29.120 --> 00:05:33.320
can I sell or ship my products within Canada

60
00:05:33.320 --> 00:05:35.080
without violating the laws?

61
00:05:35.080 --> 00:05:36.800
I mean, that seems pretty straightforward.

62
00:05:36.800 --> 00:05:38.160
I'll let you answer that one

63
00:05:38.160 --> 00:05:40.560
and then we can go into more complex one after.

64
00:05:40.560 --> 00:05:42.200
I think we have to differentiate

65
00:05:42.200 --> 00:05:45.600
between registering a trademark

66
00:05:45.600 --> 00:05:48.880
and registering a business name or a trade name.

67
00:05:48.880 --> 00:05:52.240
So a lot of people get confused between the two.

68
00:05:52.240 --> 00:05:57.240
A trade name serves a different function than a trademark.

69
00:05:57.640 --> 00:06:02.080
A trade name is the name under which you carry on business.

70
00:06:02.080 --> 00:06:05.840
It may or may not function as a trademark.

71
00:06:05.840 --> 00:06:09.520
Some clients or businesses have approached me and said,

72
00:06:09.520 --> 00:06:12.480
look, I have my trade name registered

73
00:06:12.480 --> 00:06:13.840
so I should be good to go,

74
00:06:13.840 --> 00:06:15.960
but a trade name registration

75
00:06:15.960 --> 00:06:18.240
doesn't give you the same rights that,

76
00:06:18.240 --> 00:06:20.240
sorry, a trade name registration

77
00:06:20.240 --> 00:06:23.600
doesn't give you the same rights, remedies,

78
00:06:23.600 --> 00:06:26.160
or powers that a trademark registration gives you.

79
00:06:26.160 --> 00:06:29.880
It's merely meant to serve as public notice

80
00:06:29.880 --> 00:06:33.720
so that if someone had a product liability claim

81
00:06:33.720 --> 00:06:36.600
or whatever, they would know who they could sue, right?

82
00:06:36.600 --> 00:06:38.760
It's a public information record

83
00:06:38.760 --> 00:06:43.760
so that companies can file their trade names,

84
00:06:44.000 --> 00:06:45.400
register their trade names,

85
00:06:45.400 --> 00:06:47.000
and then it gives public notice

86
00:06:47.000 --> 00:06:49.840
that you're carrying on business under that name.

87
00:06:49.840 --> 00:06:53.320
You can't pursue others for trademark infringement

88
00:06:53.320 --> 00:06:54.560
with a trade name.

89
00:06:54.560 --> 00:06:59.040
At best, maybe you could pursue another company

90
00:06:59.040 --> 00:07:01.760
for passing off your trade name

91
00:07:01.760 --> 00:07:03.360
or some sort of unfair competition,

92
00:07:03.360 --> 00:07:05.320
but you don't get the same proactive rights

93
00:07:05.320 --> 00:07:06.920
that a trademark registration does.

94
00:07:06.920 --> 00:07:08.840
So I think we have to differentiate between the two.

95
00:07:08.840 --> 00:07:10.920
So in answer to that question,

96
00:07:10.920 --> 00:07:13.080
it sounded to me like this person

97
00:07:13.080 --> 00:07:16.080
has registered the trade name.

98
00:07:16.080 --> 00:07:18.000
That does not necessarily mean

99
00:07:18.000 --> 00:07:21.720
that the trademark is available for use.

100
00:07:21.720 --> 00:07:26.000
It may, most provincial ministries

101
00:07:26.000 --> 00:07:28.600
that take on trade name registrations

102
00:07:28.600 --> 00:07:30.120
take a hands-off approach.

103
00:07:30.120 --> 00:07:32.200
They'll say, look, we can register your trade name,

104
00:07:32.200 --> 00:07:34.280
but the onus is on you to clear it

105
00:07:34.280 --> 00:07:35.840
and make sure you're not infringing

106
00:07:35.840 --> 00:07:38.120
on anybody else's rights.

107
00:07:38.120 --> 00:07:41.680
So the mere fact of having a trade name

108
00:07:41.680 --> 00:07:42.760
registered in Canada

109
00:07:42.760 --> 00:07:45.440
does not give you any protection necessarily.

110
00:07:45.440 --> 00:07:47.000
It just serves as public notice

111
00:07:47.000 --> 00:07:49.840
that you're carrying on business under that name.

112
00:07:49.840 --> 00:07:51.280
Yeah, and just to elaborate,

113
00:07:51.280 --> 00:07:54.840
yesterday, remember how we talked about,

114
00:07:54.840 --> 00:07:55.800
this is amazing, Paula,

115
00:07:55.800 --> 00:07:58.720
because you had no idea what we talked about yesterday.

116
00:07:58.720 --> 00:08:00.520
And yesterday, we literally talked about

117
00:08:00.520 --> 00:08:04.040
filing the business name with the Secretary of State

118
00:08:04.040 --> 00:08:05.000
and how that's different

119
00:08:05.000 --> 00:08:08.080
from filing either a state trademark application

120
00:08:08.080 --> 00:08:12.320
or filing a USPTO federal registration application.

121
00:08:12.320 --> 00:08:13.720
We literally just walked through that.

122
00:08:13.720 --> 00:08:16.720
So that's a good confirmation from what you just said.

123
00:08:16.720 --> 00:08:18.000
Yeah, it's the same in Canada.

124
00:08:18.000 --> 00:08:21.120
It would be kind of the same concept in Canada.

125
00:08:21.120 --> 00:08:22.680
I mean, having it out there is good

126
00:08:22.680 --> 00:08:24.360
because it'll be pulled up in searches

127
00:08:24.360 --> 00:08:26.600
when future people go and look for trade names

128
00:08:26.600 --> 00:08:28.280
that are already in existence,

129
00:08:28.280 --> 00:08:32.280
but it's not identical to a trademark registration at all.

130
00:08:32.280 --> 00:08:34.200
Right, and John, this was your question.

131
00:08:34.200 --> 00:08:37.320
So do you have a follow-up to that, John?

132
00:08:37.320 --> 00:08:38.200
Yeah, I guess the only thing

133
00:08:38.200 --> 00:08:40.039
I didn't want to run a foul on

134
00:08:40.039 --> 00:08:43.679
is somebody that's in a, we're in 100X.

135
00:08:43.679 --> 00:08:45.120
We have people from around the globe.

136
00:08:45.120 --> 00:08:47.120
Somebody from Canada says, oh, I love your cookies.

137
00:08:47.120 --> 00:08:48.040
They order them.

138
00:08:48.040 --> 00:08:52.320
I ship from Kansas and somewhere into Canada,

139
00:08:52.320 --> 00:08:55.640
and somebody goes, oh, I already have that name.

140
00:08:55.640 --> 00:08:57.400
I'm gonna go after it.

141
00:08:57.400 --> 00:08:58.520
Right.

142
00:08:58.520 --> 00:09:03.520
What kind of legal waters have I entered?

143
00:09:03.920 --> 00:09:07.240
And if I do find out that my name's already registered,

144
00:09:07.240 --> 00:09:09.640
then do I put like a Canadian-only name

145
00:09:10.720 --> 00:09:12.440
for our products and services?

146
00:09:12.440 --> 00:09:13.720
Okay, so you mean you,

147
00:09:13.720 --> 00:09:15.880
so if you have, let's say, a brand of cookies

148
00:09:15.880 --> 00:09:18.280
that you sell in the US and you ship to Canada,

149
00:09:18.280 --> 00:09:21.560
but a third party already has that registration

150
00:09:21.560 --> 00:09:22.720
for cookies sold. In Canada.

151
00:09:22.720 --> 00:09:23.960
Yeah, in Canada. Gotcha.

152
00:09:23.960 --> 00:09:25.440
Yeah, at that point,

153
00:09:25.440 --> 00:09:28.680
then you would want to rebrand for the Canadian market

154
00:09:28.680 --> 00:09:31.800
and have a Canada brand that you could use.

155
00:09:31.800 --> 00:09:35.600
By shipping, if the mark is affixed to the goods

156
00:09:35.600 --> 00:09:37.920
at the time of sale in Canada,

157
00:09:37.920 --> 00:09:39.680
that's use in Canada

158
00:09:39.680 --> 00:09:41.800
for the purposes of an infringement claim.

159
00:09:41.800 --> 00:09:44.840
So you could be at risk of, you know,

160
00:09:44.840 --> 00:09:46.120
of a potential infringement claim

161
00:09:46.120 --> 00:09:48.040
if the mark that you're talking about

162
00:09:48.040 --> 00:09:49.880
is registered in Canada.

163
00:09:49.880 --> 00:09:51.920
Keep in mind that infringement as a remedy

164
00:09:51.920 --> 00:09:55.480
can only be pursued by the owners of registered trademarks.

165
00:09:55.480 --> 00:09:59.000
So if the mark is not a registered trademark in Canada,

166
00:09:59.000 --> 00:10:00.800
there would not be an infringement.

167
00:10:00.000 --> 00:10:05.680
fringement cause of action. It would only be passing off or some sort of unfair competition

168
00:10:05.680 --> 00:10:10.800
at common law. But yes, if you know that the mark already has been registered in Canada,

169
00:10:10.800 --> 00:10:16.480
proceed with caution and probably best to not sell into Canada and choose a different brand

170
00:10:16.480 --> 00:10:21.040
for the Canadian market. Okay. Never even thought about looking until you came on and I'm like,

171
00:10:21.040 --> 00:10:26.640
okay, I'm gonna go do my SIPO search. That's it. That's perfect. That's why we're doing this,

172
00:10:26.640 --> 00:10:30.880
John. That's fantastic. And that's a really good example of, you know, one of the things

173
00:10:30.880 --> 00:10:34.560
we have to remember is a lot of the businesses, a lot of the products and services that we're

174
00:10:34.560 --> 00:10:40.560
providing on eBay, Amazon, Alibaba, all these other different forums, they're going into foreign

175
00:10:40.560 --> 00:10:44.960
countries, they're going into other places. And so you have to look into these issues. If your

176
00:10:44.960 --> 00:10:50.560
big market is Germany, for a specific thing, you need to go and do a trademark search and follow,

177
00:10:50.560 --> 00:10:54.320
find out whether or not you're potentially infringing the trademark rights in that

178
00:10:54.320 --> 00:10:59.760
country. I've had a number of clients that I represent that are international clients,

179
00:10:59.760 --> 00:11:03.680
and they have certain trademarks that they're fine with, but there's one or two countries where they

180
00:11:03.680 --> 00:11:09.200
can't use it. And so they intentionally will have on their marketing material, you know,

181
00:11:09.200 --> 00:11:13.120
trademark, and then they'll mention the countries where they do have rights. And then when they sell

182
00:11:13.120 --> 00:11:20.160
product into that other country, they either remove the product name, or they have another brand,

183
00:11:20.160 --> 00:11:24.560
specifically where you're talking about, John, and so they sell it under a different label.

184
00:11:24.560 --> 00:11:28.880
And then they don't run into any violation of trademark issues. And so you just you have to

185
00:11:28.880 --> 00:11:34.640
be careful. And so our hope was to make sure you at least aware of these things. Now, as you start

186
00:11:34.640 --> 00:11:39.440
doing, you know, sales in other jurisdictions, you have a good idea of what you need to do.

187
00:11:40.480 --> 00:11:46.800
All right. So let me if anybody has a specific question for Paula, just go ahead and raise your

188
00:11:46.800 --> 00:11:54.400
hand virtually. Jennifer Flannery. You're up my friend. Hello. Hi, Peter. Hi, Paula. Thank you for

189
00:11:54.400 --> 00:12:02.240
your time today. Super helpful. I have a question, which I think applies to both countries. And my

190
00:12:02.240 --> 00:12:10.800
question is about this idea of goods and services, and future use. So if I in what you're talking

191
00:12:10.800 --> 00:12:15.680
about sort of hedging your bet for what you might do in the future, right? So I understand if I'm

192
00:12:15.680 --> 00:12:20.720
coaching and I have whatever things, those are copyright, I would have my trade name and my

193
00:12:20.720 --> 00:12:25.840
trademark for those things, right? But let's and let's say I'm just doing one to one and group

194
00:12:25.840 --> 00:12:32.640
coaching just with people nearby, right? But in the future, I decide, you know, I think down the road,

195
00:12:32.640 --> 00:12:37.760
I might run an event of some sort. And there's a name associated with that, or maybe don't even

196
00:12:37.760 --> 00:12:42.480
know what the name of that is. Or I'm going to use the same name that I have, right? I don't know

197
00:12:42.480 --> 00:12:49.360
where events falls on the chart, Peter, in terms of like, calling that the same name, and how would

198
00:12:49.360 --> 00:12:55.520
I possibly know that? Also, let me answer that first. Okay, before you jump into the next one.

199
00:12:55.520 --> 00:13:00.960
That's a great question, Jennifer. So events, those are like services, when you're running an event,

200
00:13:00.960 --> 00:13:05.040
that's actually a service you're providing, right? Because it doesn't fall into a product. So

201
00:13:06.000 --> 00:13:11.600
as an example, like 100x, the 100x conference, right? That's a conference, that's an event.

202
00:13:11.600 --> 00:13:17.280
So putting on events actually falls into a specific recitation of services into a specific

203
00:13:17.280 --> 00:13:22.480
international classification. So today, when I demonstrate how to file a trademark application,

204
00:13:22.480 --> 00:13:25.920
and we're going to go through how do you select your international classifications, I'll show you

205
00:13:25.920 --> 00:13:31.920
how to figure out what class that is. Okay, great. And similar question that is also, I ran across

206
00:13:31.920 --> 00:13:35.440
something over the weekend, I was thinking about doing like white labeling something, you know,

207
00:13:35.440 --> 00:13:40.560
where I could take my label, put it on someone's whatever their jar, their chocolate, their

208
00:13:40.560 --> 00:13:45.840
backpack, right? Even the jacket that you had, right? Peter, like, would we have to know that

209
00:13:45.840 --> 00:13:49.840
in advance? And especially Paula, what you're saying about how long it could potentially take

210
00:13:50.560 --> 00:13:57.200
in Canada to get approved? If I file, should I just like, put down all the things, right? Because

211
00:13:57.200 --> 00:14:03.840
what if I do run an event in the future in Canada, and everybody who comes gets my backpack, they get

212
00:14:03.840 --> 00:14:08.640
a jacket, they whatever that has my label on it? That's, that's another great question, Jennifer.

213
00:14:08.640 --> 00:14:16.160
And there's a couple of issues embedded in that question. Number one, promotional materials and

214
00:14:16.160 --> 00:14:22.720
swags, that kind of stuff, sometimes doesn't qualify as trademark use, because in Canada,

215
00:14:22.720 --> 00:14:29.520
there has to be a commercial transaction or a sale, unless you can show that it's common practice

216
00:14:29.520 --> 00:14:37.200
in that specific sector to give away, you know, baseball caps and whatever, you know, normally,

217
00:14:37.200 --> 00:14:44.160
if it's a promotional giveaway, then it wouldn't be considered trademark use. If you're actually

218
00:14:44.160 --> 00:14:49.440
hosting an event, and you're selling hats with your trademark and selling water bottles and mugs

219
00:14:49.440 --> 00:14:54.320
and backpacks and whatever, that's a different story. And that would qualify as trademark use.

220
00:14:54.320 --> 00:14:59.920
So yes. Now, how do you know what to claim? I guess in Canada, it

221
00:15:00.000 --> 00:15:04.880
is a bit of a wild west now because you could potentially claim everything under the sun.

222
00:15:04.880 --> 00:15:09.840
I don't often recommend that because it's a red flag. You know, if you start claiming

223
00:15:09.840 --> 00:15:14.240
automotive parts and you know you're never going to be selling automotive parts in association

224
00:15:14.240 --> 00:15:20.560
with your mark, it kind of, it invites a potential cancellation action because,

225
00:15:20.560 --> 00:15:24.960
you know, other third parties who are, first of all, you've expanded the scope so you're

226
00:15:24.960 --> 00:15:30.960
more likely to have other third parties bump up against your mark, but also they're going

227
00:15:30.960 --> 00:15:35.920
to look at it and say, really, you know, this person does coaching and automotive parts?

228
00:15:35.920 --> 00:15:41.040
I don't think so. You know what I mean? So it's best to keep it within the realm of reason.

229
00:15:41.040 --> 00:15:45.440
Now, that's not to say you can't be aggressive and be thinking forward, you know, in the future,

230
00:15:45.440 --> 00:15:49.840
say, okay, you know, if I might be organizing conferences and seminars and selling,

231
00:15:49.840 --> 00:15:53.600
you know, typical promotional goods, I'm going to, I'm going to add those to my Canadian.

232
00:15:53.600 --> 00:15:57.360
You couldn't do that in the U.S., but I mean, well, you could as an ITU, but you'd have to

233
00:15:57.360 --> 00:16:02.160
show specimens of use in order to get through to registration. But in Canada, you could be

234
00:16:02.160 --> 00:16:07.680
a little bit more aggressive and then expand the scope of your registration, keeping in mind that

235
00:16:07.680 --> 00:16:12.720
if after three years post-registration, your mark isn't being used for those goods, you could face

236
00:16:12.720 --> 00:16:17.840
a challenge. But, you know, when you weigh the odds, it's probably better to have them in there

237
00:16:17.840 --> 00:16:24.560
than not. In terms of how do you know, it's just a question of, you know, actually thinking it

238
00:16:24.560 --> 00:16:29.200
through and thinking, you know, what potential lies, and you may not be able to guess everything

239
00:16:29.200 --> 00:16:34.080
right now, which means you may have to file a new application down the line to incorporate

240
00:16:34.080 --> 00:16:38.560
some additional, you know, directions that your business took you in, which is not the end of

241
00:16:38.560 --> 00:16:43.120
the world. It's just that you have the option in Canada to be a little bit broader. So might as

242
00:16:43.120 --> 00:16:50.080
well take advantage of it. Makes sense. Thank you. Super helpful. Yeah, just came up over the weekend,

243
00:16:50.080 --> 00:16:55.360
right? I mean, what if John goes, well, sure, you know, other people could sell my cookies, right?

244
00:16:55.360 --> 00:17:00.800
And I can put my brand, my label, my all my things, and I sell cookies at my events or the website.

245
00:17:00.800 --> 00:17:05.920
Like what I'm understanding from you is then I need to really think about that before I just decide

246
00:17:05.920 --> 00:17:11.920
to brand water bottles and sell them from my website, even if it's related to if I'm a health

247
00:17:11.920 --> 00:17:15.680
coach, right? Well, of course you would want to be selling water bottles, right? So you have to

248
00:17:15.680 --> 00:17:20.880
really think about that. You know, another important issue that you raised is

249
00:17:21.520 --> 00:17:26.800
licensing, okay? Because let's say you have a brand, you mentioned white labels, so that kind of got me

250
00:17:26.800 --> 00:17:33.600
thinking about licensing. If you have a brand and you are okay with licensing your mark

251
00:17:33.600 --> 00:17:38.320
to a third party to use, let's say you don't, you know, do water bottles, but you're okay with,

252
00:17:38.320 --> 00:17:42.960
you know, licensing the mark out for the purposes of, you know, creating these water bottles and

253
00:17:42.960 --> 00:17:48.560
having a third party distribute your water bottles or whatever, that's an important aspect of trademark

254
00:17:48.560 --> 00:17:54.160
protection. Because if you have third parties using your brand without a license agreement in place,

255
00:17:54.160 --> 00:18:00.480
you could lose trademark rights. So it's super important to keep in mind that anytime a third

256
00:18:00.480 --> 00:18:06.640
party uses your brand or, you know, if they offer white label, like, you know, these swag

257
00:18:06.640 --> 00:18:11.520
companies often allow you to put your own brand on, in which case it's your brand, so you don't

258
00:18:11.520 --> 00:18:17.120
have to worry about it. But if you're allowing another entity to use your brand, you do need to

259
00:18:17.120 --> 00:18:21.360
have that under the umbrella of a license agreement to preserve your trademark rights.

260
00:18:22.240 --> 00:18:27.200
Good point. Great. Thank you so much. Libby, let's move on to you. Go right ahead, my friend.

261
00:18:28.080 --> 00:18:35.920
Thank you for that. Hi, Paula. Thank you so much. Yeah, no, this was great because I did

262
00:18:35.920 --> 00:18:41.680
spent two hours on the Australian government trademarking last night. And everything you've

263
00:18:41.680 --> 00:18:47.440
said today has confirmed they've got that in there about broadening your search. And so my

264
00:18:48.320 --> 00:18:54.800
name of my company's three words, and there's nothing like it. But when I put each individual

265
00:18:54.800 --> 00:19:00.960
word in, there's comes up a lot. But what I noticed was there quite a few international companies like,

266
00:19:01.520 --> 00:19:07.280
and particularly with the word relate, and connect, not the first word attune, which

267
00:19:08.160 --> 00:19:13.520
had to do with hearing services, but every company that came up was nothing like what I do.

268
00:19:14.240 --> 00:19:18.560
So they were things like telecommunications, they were hearing services, they were,

269
00:19:20.240 --> 00:19:25.200
and there were quite a few deregistered or hadn't renewed and, and, you know, but it showed these

270
00:19:25.200 --> 00:19:33.440
international. So I'm really curious about, and how you get this, like, if companies, say,

271
00:19:33.440 --> 00:19:38.720
for instance, I think one of them that came up was AT&T. So they're obviously a global,

272
00:19:39.360 --> 00:19:45.840
globally recognised. So how do you get that global recognition? Or, you know, because I'm aware that

273
00:19:45.840 --> 00:19:51.600
I get a lot of inquiries from the US and I'm a service. And I noticed the classifications were

274
00:19:51.600 --> 00:19:57.200
the same across between what Peter was showing earlier. So it's really good to see, I mean,

275
00:19:57.200 --> 00:19:59.840
this is fantastic, you know, what I'm learning.

276
00:20:00.000 --> 00:20:06.320
because it's all dovetailing my end. So it's great. So thank you so much. So yeah,

277
00:20:06.880 --> 00:20:10.800
that's where I've kind of got, okay, if I register here, then

278
00:20:12.320 --> 00:20:15.920
how does that work? And how come I can see international companies? And yeah.

279
00:20:17.200 --> 00:20:20.400
Yeah, I'll jump in, Peter, but you cut me off whenever you want to.

280
00:20:22.000 --> 00:20:27.760
So trademark rights are national in scope. So that's why, you know, if you file an application

281
00:20:27.840 --> 00:20:32.560
in the U.S., it protects you in the U.S. And those global brands have these extensive

282
00:20:32.560 --> 00:20:38.080
worldwide portfolios. So they go into Australia, New Zealand, Canada, China, Japan, and they

283
00:20:38.080 --> 00:20:43.040
protect their brands in those countries. And that's how they expand their scope of protection.

284
00:20:43.040 --> 00:20:48.880
Now, in terms of your question about having found some references for completely different goods and

285
00:20:48.880 --> 00:20:55.920
services, that's where a trademark professional can help you. Generally speaking, if the fields

286
00:20:55.920 --> 00:21:01.280
of trade and the goods are completely different, like you can have Apple for computers and Apple

287
00:21:01.280 --> 00:21:06.880
for auto glass. I don't know if Apple auto glass exists in the U.S., but it's pretty popular auto

288
00:21:06.880 --> 00:21:14.480
glass shop in Canada. There's very little risk of confusion. So the office ultimately looks at,

289
00:21:14.480 --> 00:21:19.760
is a consumer going to be confused as to the source of these goods or services? And that's

290
00:21:19.760 --> 00:21:24.560
what they're trying to determine. So it's not a perfect science. It is a bit subjective to kind

291
00:21:24.560 --> 00:21:30.560
of look at all the factors. You know, how long have these two entities been using these respective

292
00:21:30.560 --> 00:21:35.600
marks? Are there any other word or design elements that help you differentiate the marks? Are the

293
00:21:35.600 --> 00:21:40.480
goods and services so different that they're never going to travel in the same channels of trade?

294
00:21:40.480 --> 00:21:46.240
There's so many factors that go into a confusion analysis. Just one quick second, Paula.

295
00:21:46.240 --> 00:21:53.280
Remember, literally today, I dropped that document for you with the list of all the factors for

296
00:21:53.280 --> 00:21:59.280
likelihood of confusion. Everything Paula just said is on that list. So you literally have a

297
00:21:59.280 --> 00:22:06.320
checklist of exactly what's going to be considered to determine. And I had, again, no, Paul and I did

298
00:22:06.320 --> 00:22:12.640
not talk about this. This is just God is so good. Things are lining up very well for all of you. So

299
00:22:12.640 --> 00:22:18.320
somebody is taking care of you. But the situation is that literally all she said was every one of

300
00:22:18.320 --> 00:22:22.080
the things that are right on that list. If you look at that list, you'll see everything she's

301
00:22:22.080 --> 00:22:27.600
saying is there. So the one thing I would add, and I'm sure Paula was going to say this, but I just

302
00:22:27.600 --> 00:22:34.640
want to mention this just in case it gets missed. The fame of the mark can be something that will

303
00:22:34.640 --> 00:22:41.920
give a broader scope to a trademark. If it's a very well-known trademark, it's not going to go

304
00:22:41.920 --> 00:22:47.520
from like pharmaceutical products to like car engines, but it may go from pharmaceutical

305
00:22:47.520 --> 00:22:52.400
products to like coats for doctors. Or it may go from pharmaceutical products to like

306
00:22:53.120 --> 00:23:01.440
vitamins and like pharmaceutical stores or other things. It'll get broader

307
00:23:01.440 --> 00:23:08.160
than just what they have because of the level of fame of the mark. So when you hear McDonald's,

308
00:23:09.440 --> 00:23:14.880
Mc almost anything, those guys are going after you. I mean, the Golden Arches, I don't know

309
00:23:15.680 --> 00:23:20.960
I don't know if you guys ever saw that. What is it called? Back to America, way back in the day

310
00:23:20.960 --> 00:23:25.520
with McDowell's. Do you guys remember that? They had, oh, we don't have the Golden Arches. We have

311
00:23:25.520 --> 00:23:31.680
the, what do you say? The Golden Arcs. So it's like, that's a perfect example of trademark

312
00:23:32.240 --> 00:23:36.960
rights. So your homework assignment is to watch Coming to America. No, I'm just kidding.

313
00:23:37.360 --> 00:23:43.680
But so that's it. That's a good example of what Paula is talking about is

314
00:23:44.400 --> 00:23:48.080
all those considerations, you know, do they look the same? Do they sound the same?

315
00:23:49.200 --> 00:23:54.640
But one of the things to consider is how famous is that trademark? If it's very famous,

316
00:23:54.640 --> 00:24:00.240
it gets broader, it gets more strength than the typical mom and pop shop. Go ahead, Paula. I just

317
00:24:00.240 --> 00:24:04.240
want to jump in with that. No, that's perfect. And actually that's another area where Canada

318
00:24:04.240 --> 00:24:09.680
and the U.S. is a little bit different because in the U.S. there's a very broad scope of protection

319
00:24:09.680 --> 00:24:15.200
for famous marks. And there was the Victoria's Secret case. And that's where they, in Canada,

320
00:24:16.000 --> 00:24:22.320
were a little more conservative. And there was a Supreme Court of Canada case where there was

321
00:24:22.320 --> 00:24:28.400
Veuve Clicquot, very famous, you know, type of champagne. And they objected to a line of

322
00:24:29.120 --> 00:24:34.720
clothing stores called Clicquot. In the U.S., they would not have been able to continue with

323
00:24:34.720 --> 00:24:38.880
the clothing stores because it's too close to an extremely famous mark. The Supreme Court of

324
00:24:38.880 --> 00:24:44.640
Canada said, well, it's just, you know, it's just Clicquot and it's for completely different goods.

325
00:24:44.640 --> 00:24:49.840
And they said coexistence was possible. Now, having said that, it is a bit of a nuanced

326
00:24:49.840 --> 00:24:55.760
difference between U.S. and Canada. But you really should be aware that if you try to do Rolex for

327
00:24:55.760 --> 00:24:59.760
a bicycle part, you're going to have trouble. You know, you're going to it's you.

328
00:25:00.000 --> 00:25:04.240
You it's too famous when you especially if it's a shiny bicycle park

329
00:25:06.560 --> 00:25:09.520
So if it's a very well-known famous mark

330
00:25:11.040 --> 00:25:15.200
You know proceed with caution proceed with caution. Yeah makes sense

331
00:25:15.840 --> 00:25:20.720
All right. Let's go to i'm going to go to jennifer next and then we'll go to coach karen

332
00:25:21.200 --> 00:25:23.200
Uh jennifer go right ahead

333
00:25:24.160 --> 00:25:27.700
Hi, so my question is with being a ministry

334
00:25:28.500 --> 00:25:30.980
Do I need to register my

335
00:25:31.620 --> 00:25:37.540
Name and logo in canada as well. I don't know that i'm going to expand into canada yet

336
00:25:38.180 --> 00:25:40.740
But do I is that something that I need to be thinking about?

337
00:25:43.940 --> 00:25:45.940
Um, I would say that

338
00:25:46.580 --> 00:25:50.200
It really depends where you plan on using your trademark

339
00:25:51.000 --> 00:25:52.100
If

340
00:25:52.100 --> 00:25:59.160
Realistically your ministry is very local and based in your city or your state or your region

341
00:25:59.800 --> 00:26:01.160
and

342
00:26:01.160 --> 00:26:03.060
You don't have

343
00:26:03.060 --> 00:26:07.260
Realistic plans to ever expand into canada. It may not be necessary

344
00:26:07.880 --> 00:26:09.880
The question is though

345
00:26:09.880 --> 00:26:11.240
You know

346
00:26:11.240 --> 00:26:13.160
as you grow

347
00:26:13.160 --> 00:26:18.680
There could that could change and now with the internet and with ability to bring people together

348
00:26:19.220 --> 00:26:21.720
Digitally and you know virtually

349
00:26:22.600 --> 00:26:27.000
It's more likely that you may have an expansion into canada and people

350
00:26:27.320 --> 00:26:32.600
You know using your services in canada in which case then it definitely makes sense to protect your trademark in canada

351
00:26:32.920 --> 00:26:35.080
So it really is depending if john

352
00:26:35.720 --> 00:26:41.880
Never plans on shipping cookies to canada, then it's very easy clear-cut with services. It's a little bit

353
00:26:42.600 --> 00:26:44.120
trickier because

354
00:26:44.120 --> 00:26:46.120
You know you can provide services

355
00:26:47.000 --> 00:26:51.480
Virtually now to canadian consumers and canadian canadian residents

356
00:26:52.360 --> 00:26:54.440
Okay, and then I have one more question, please

357
00:26:55.000 --> 00:26:59.820
So peter yesterday on the intent to use and paula kind of brought this up with promotional

358
00:27:00.500 --> 00:27:05.000
Materials, so if I in the future do promotional things like

359
00:27:05.480 --> 00:27:12.200
You know pens water bottles cups bags, whatever those kind of things with the ministry name on it that we give to donors

360
00:27:13.160 --> 00:27:18.280
Well, do I have to worry about filing an intent to use on those items

361
00:27:19.240 --> 00:27:22.280
That's a great question. So it becomes used in interstate commerce

362
00:27:22.280 --> 00:27:26.120
So you remember one of the things that paul paula mentioned was whether or not things are being sold

363
00:27:26.840 --> 00:27:32.520
Right. So this this consideration as to whether or not something's being sold or given away. Um

364
00:27:33.320 --> 00:27:35.320
There's some case law in this area paula

365
00:27:35.320 --> 00:27:40.520
Maybe we should elaborate upon this area because this is uh, just so everybody's clear everybody here is in vip

366
00:27:41.000 --> 00:27:45.320
We're touching like a fraction of the number of issues that actually exist

367
00:27:45.880 --> 00:27:48.360
In this world, right? We have five days together

368
00:27:48.360 --> 00:27:52.920
I'm i'm giving you a little bit to just keep you to get you on the right path

369
00:27:53.000 --> 00:27:55.000
There's something that you're going to learn about

370
00:27:55.240 --> 00:28:01.400
On day four which will bring you oddies. Okay, it's going to make your life a lot easier. I'm not going to go into that now

371
00:28:02.040 --> 00:28:04.200
um, but at that point you'll you'll

372
00:28:05.080 --> 00:28:09.240
You'll breathe a sigh of relief. Okay, but um with that being the case

373
00:28:09.960 --> 00:28:11.960
When you're looking at

374
00:28:12.520 --> 00:28:16.040
This consideration as to whether or not something's being sold or given away

375
00:28:16.680 --> 00:28:20.760
one of the things that ends up getting considered and paula, maybe we should elaborate on this is

376
00:28:21.800 --> 00:28:27.640
If somebody's paying a package price for something and whether or not that package price is intended to cover

377
00:28:28.360 --> 00:28:33.320
The things that are quote unquote given away because they're not really being given away like somebody paid

378
00:28:34.040 --> 00:28:37.640
You know a thousand bucks to go to this or 500 bucks to go to that. So

379
00:28:38.200 --> 00:28:42.280
Maybe I don't have a separate ticket item to sell that one item

380
00:28:42.280 --> 00:28:46.040
But when they paid for the conference it included a backpack

381
00:28:46.920 --> 00:28:53.000
And when they paid for that conference, it wasn't, you know free that conference was 4.95 or whatever it is

382
00:28:53.480 --> 00:28:58.040
So technically they paid for this thing. So there's case law in that area paula

383
00:28:58.040 --> 00:29:01.580
Maybe you can elaborate with regard to canada how they look at that situation

384
00:29:02.200 --> 00:29:05.880
Yeah in canada the older case law was more

385
00:29:06.200 --> 00:29:07.160
um

386
00:29:07.160 --> 00:29:11.020
Abrupt in the sense that if if there was no commercial transaction

387
00:29:12.280 --> 00:29:16.780
It was deemed that there was no use in the trademark sense. So promotional giveaways

388
00:29:17.400 --> 00:29:19.000
um before

389
00:29:19.000 --> 00:29:23.320
You know the the advice was don't bother to include it unless you're selling it to the public

390
00:29:23.880 --> 00:29:27.560
That changed a little bit more recently with a case

391
00:29:28.040 --> 00:29:34.680
um where the it was maybe three-year-old case where the court said, you know in some industries it is

392
00:29:35.480 --> 00:29:41.960
Uh, and and this is an example, this isn't the case but think about the cosmetics industry where you go to a

393
00:29:42.280 --> 00:29:48.120
You know a nordstrom or a sax or a you know target and then you buy cosmetic and they'll give you a giveaway

394
00:29:48.280 --> 00:29:50.280
With some promotional products in there

395
00:29:50.820 --> 00:29:51.880
Arguably

396
00:29:51.880 --> 00:29:53.880
Yes, it's not being given away

397
00:29:54.120 --> 00:30:00.120
For a price. It's a free giveaway, but it's a form of marketing and advertising because then consumers can sample

398
00:30:00.000 --> 00:30:05.200
the products and whatever. In the industry, that's become the norm. So in that context,

399
00:30:05.200 --> 00:30:09.840
then yes, you could assert trademark usage and trademark rights for those goods.

400
00:30:09.840 --> 00:30:16.320
I would argue that in the context of a ministry or like a conference where you give away a water

401
00:30:16.320 --> 00:30:22.320
bottle or a backpack, as Peter said, it could be, it is the standard. I mean, that's kind of

402
00:30:22.320 --> 00:30:27.840
the common in the industry. So that could be conceivably closer to a trademark use.

403
00:30:27.840 --> 00:30:32.160
The case that I was going to reference is one where the federal court recently said in Canada

404
00:30:32.160 --> 00:30:40.240
that you don't need to show a profit. You don't need to, even if a good is sold at zero profit,

405
00:30:40.240 --> 00:30:46.400
like for cost, that could still qualify as trademark use. So I think Canada is loosening

406
00:30:46.400 --> 00:30:54.240
up a little bit and understanding that promotional type usage of the trademark is very valuable to

407
00:30:55.200 --> 00:31:00.640
the businesses in many sectors. So not a black and white answer.

408
00:31:00.640 --> 00:31:05.760
This is a good example, Jennifer, of where an attorney is beneficial to look at your specific

409
00:31:05.760 --> 00:31:10.400
situation and to analyze it and to let you know, you know, okay, this is what you should do in

410
00:31:10.400 --> 00:31:13.920
your situation. Here's a case law that backs it up. So there's a way I would go. Okay.

411
00:31:14.560 --> 00:31:20.480
Coach Karen, you are up my friend. I'm going to cover one more after this,

412
00:31:20.480 --> 00:31:23.680
and then we're going to go into filing a trademark application. All right, together.

413
00:31:24.240 --> 00:31:32.560
Okay. So I still am a little confused. So as a coach, as a consultant, as a person who does

414
00:31:32.560 --> 00:31:39.760
one-on-one and challenges and group coaching and things, and I do one-on-one in many different

415
00:31:39.760 --> 00:31:45.840
countries, like I have clients, you know, in many different countries, and I have clients

416
00:31:45.840 --> 00:31:52.960
that come to the group coaching program or will come to a challenge. So now I'm thinking like,

417
00:31:52.960 --> 00:32:01.040
okay, do I have to go to each country if I'm, I know about copywriting, like my words and my

418
00:32:01.040 --> 00:32:06.480
things, but if I'm using my logo, if I'm using my mark, if I'm, you know, everybody in my group

419
00:32:06.480 --> 00:32:14.880
coaching program typically gets something as a gift from me, like hardship to them. Now I haven't

420
00:32:14.880 --> 00:32:21.200
shipped overseas, you know, but so now I'm wondering, okay, so in Canada, I have one-on-one

421
00:32:21.200 --> 00:32:25.280
clients in Canada. I have people in Canada that come to my challenges and bought my group coaching.

422
00:32:25.840 --> 00:32:33.600
So now do I need to be registering my trademark and my marks and then

423
00:32:33.600 --> 00:32:38.800
possible use if I'm doing those? I'm like, now I'm confused. And if I do an event

424
00:32:40.080 --> 00:32:46.320
and say it's a virtual, like a hybrid, it's in-person in virtual, and people from different

425
00:32:46.320 --> 00:32:52.080
countries come to that event. And so now I'm like trying to sort all this out in my head.

426
00:32:52.080 --> 00:32:57.520
That's great. You're in a great place, Karen, because I wouldn't say you're confused. I'd say

427
00:32:57.520 --> 00:33:02.800
you're obtaining greater revelation, which is allowing you to ask greater questions to refine

428
00:33:02.800 --> 00:33:07.920
what, you know, your path, which is phenomenal. It really is because before you didn't even see

429
00:33:07.920 --> 00:33:12.080
the forest. Now the sun's come up and you realize you're in a forest. Now you just need to get the

430
00:33:12.080 --> 00:33:17.280
pathway to get through, right? That's really it. And so with that being the case, I'm going to

431
00:33:17.280 --> 00:33:20.880
start out and then Paul, I'm going to hand it over to you because I know you have a lot of knowledge

432
00:33:20.880 --> 00:33:28.000
in this area. One of the things that I would look at is, think of it this way. If another party

433
00:33:28.000 --> 00:33:35.040
started providing the exact same services that you provide in a specific other country, right,

434
00:33:35.040 --> 00:33:40.080
where you have customers, would you be upset about it? Yes or no? That's the way I would look at it.

435
00:33:40.080 --> 00:33:44.880
And if you look at that and you say, man, I've got a lot of, I've got a lot of clients that are

436
00:33:44.880 --> 00:33:49.360
coming out of Canada and it's kind of getting a reputation there. And I know I'm providing a

437
00:33:49.360 --> 00:33:54.160
really good service. I really care about my people, my who, I'm watching over them. And you know what?

438
00:33:54.160 --> 00:33:58.800
This is not just about me. It's not just about me. And I know, I know you, so I know it's not,

439
00:33:58.800 --> 00:34:02.960
you don't think that it's just about you. So you're thinking, I need to protect this brand

440
00:34:03.520 --> 00:34:08.320
because I need to make sure that when the people purchase this service, they're getting the quality

441
00:34:08.320 --> 00:34:12.560
that they need because I don't want them to be misled because if they get misled, they may get

442
00:34:12.560 --> 00:34:17.440
guided the wrong path and it could hurt them as opposed to benefiting them. So it's not always

443
00:34:17.440 --> 00:34:21.600
a situation that we're trying to make more money by protecting something. It's also, we're trying

444
00:34:21.600 --> 00:34:26.800
to protect what the Lord has blessed us with or what we're called to. We're trying to make sure

445
00:34:26.800 --> 00:34:31.679
that's protected so that the people are protected. That's really what trademark comes into as well,

446
00:34:31.679 --> 00:34:36.880
right? Like, why do we call it Christianity? Why isn't it called, you know, Buddhism or,

447
00:34:36.880 --> 00:34:41.440
or something else? Why? Because it has to do with Jesus Christ. Like there's a name for it.

448
00:34:41.440 --> 00:34:45.600
It's called Christianity. When you hear that name, something should come to mind, Jesus.

449
00:34:46.239 --> 00:34:49.199
If he doesn't come to mind when you hear Christianity, something's wrong. Same thing

450
00:34:49.199 --> 00:34:54.159
with your business. When they hear your name, they should, a certain standard, a certain quality

451
00:34:54.159 --> 00:34:58.000
should come up immediately. So now when you're looking and you're saying, hold it, I've got all

452
00:34:58.000 --> 00:34:59.920
these international individuals. Okay.

453
00:35:00.000 --> 00:35:02.120
Hey, which of those countries that are associated

454
00:35:02.120 --> 00:35:04.000
with all those clients that you have,

455
00:35:04.000 --> 00:35:06.320
are you thinking I need to protect my brand

456
00:35:06.320 --> 00:35:09.600
so that people in that area, when they hear that name,

457
00:35:09.600 --> 00:35:11.760
only come for this kind of service

458
00:35:11.760 --> 00:35:13.280
and that's associated with me.

459
00:35:13.280 --> 00:35:15.720
I'll start there and then I'll hand it over to Paula

460
00:35:15.720 --> 00:35:16.560
to see what she wants to say.

461
00:35:16.560 --> 00:35:17.920
I couldn't have said it better, Peter.

462
00:35:17.920 --> 00:35:19.600
I think you hit it right on the head.

463
00:35:19.600 --> 00:35:22.160
I think it really depends on,

464
00:35:22.160 --> 00:35:24.080
ultimately it's a business decision,

465
00:35:24.080 --> 00:35:25.680
not so much a legal decision.

466
00:35:25.680 --> 00:35:29.080
It depends on which markets are of most interest

467
00:35:29.120 --> 00:35:31.800
and where you're getting a lot of your work from.

468
00:35:31.800 --> 00:35:33.840
And those should be priority markets.

469
00:35:33.840 --> 00:35:36.800
And sometimes with clients, we do stages,

470
00:35:36.800 --> 00:35:38.920
so you don't have to think of everything all at once,

471
00:35:38.920 --> 00:35:40.720
but you say, okay, right now,

472
00:35:40.720 --> 00:35:43.920
Mexico, Canada and the US are my primary markets

473
00:35:43.920 --> 00:35:44.760
and targets.

474
00:35:44.760 --> 00:35:46.320
That's where most of my clients come from.

475
00:35:46.320 --> 00:35:49.520
I need to focus on those three jurisdictions.

476
00:35:49.520 --> 00:35:53.840
The next round, maybe it spreads to Latin America or Europe

477
00:35:53.840 --> 00:35:56.720
and you have a couple of countries that are kind of,

478
00:35:56.720 --> 00:35:57.800
getting a little bit more active

479
00:35:57.800 --> 00:36:01.720
and that'll be phase two of your kind of global strategy.

480
00:36:02.760 --> 00:36:04.720
But I think Peter hit it on the head.

481
00:36:04.720 --> 00:36:07.360
Ultimately, it's about your reputation

482
00:36:07.360 --> 00:36:10.840
and how valuable the brand is in any given market.

483
00:36:10.840 --> 00:36:13.280
Now, I mean, you don't have to protect

484
00:36:13.280 --> 00:36:14.760
in every country in the world

485
00:36:14.760 --> 00:36:16.280
because maybe you're not doing business

486
00:36:16.280 --> 00:36:17.280
in every country in the world,

487
00:36:17.280 --> 00:36:18.640
or maybe even if you are,

488
00:36:18.640 --> 00:36:22.320
it's just such a small percentage of your business

489
00:36:22.320 --> 00:36:25.960
that the cost benefit doesn't make sense.

490
00:36:25.960 --> 00:36:28.520
But as you grow, that'll become clear.

491
00:36:28.520 --> 00:36:30.400
And you'll say, okay, no, these countries,

492
00:36:30.400 --> 00:36:31.960
I really need to lock this down

493
00:36:31.960 --> 00:36:35.320
because I don't want unauthorized use of my brand

494
00:36:35.320 --> 00:36:39.320
or confusion or tarnishment associated with that.

495
00:36:39.320 --> 00:36:41.880
So I think that gives you a little bit of-

496
00:36:41.880 --> 00:36:44.000
Yeah, and just to drive that home, Karen,

497
00:36:44.000 --> 00:36:47.320
just so you understand, as you grow,

498
00:36:47.320 --> 00:36:49.840
there will be individuals in other countries

499
00:36:49.840 --> 00:36:51.680
that will file a trademark application

500
00:36:51.680 --> 00:36:54.240
for your name intentionally.

501
00:36:54.240 --> 00:36:55.320
That just happens.

502
00:36:55.720 --> 00:36:57.040
It's just, as you become bigger,

503
00:36:57.040 --> 00:36:58.640
as people start to know about you,

504
00:36:58.640 --> 00:37:01.960
they file the applications as intent to use applications.

505
00:37:01.960 --> 00:37:03.800
And especially in like a place like Canada,

506
00:37:03.800 --> 00:37:06.920
where it's like three years before the thing gets examined,

507
00:37:06.920 --> 00:37:09.520
or in China, China is a perfect example.

508
00:37:09.520 --> 00:37:11.080
They'll file these applications

509
00:37:11.080 --> 00:37:13.600
and then they'll hold you under extortion.

510
00:37:13.600 --> 00:37:15.840
They'll say, hey, we see this application here,

511
00:37:15.840 --> 00:37:17.400
we'll sell it to you for this,

512
00:37:17.400 --> 00:37:18.480
or we'll sell you a license.

513
00:37:18.480 --> 00:37:20.640
And you go, that's my trademark.

514
00:37:20.640 --> 00:37:21.600
How are you doing that?

515
00:37:21.600 --> 00:37:23.400
I'm manufacturing in China.

516
00:37:23.400 --> 00:37:25.320
Well, maybe you're manufacturing in China,

517
00:37:25.320 --> 00:37:28.040
but now you can't put the name of your product

518
00:37:28.040 --> 00:37:29.680
on that product you manufactured.

519
00:37:29.680 --> 00:37:31.840
You have to ship it to the U.S.

520
00:37:31.840 --> 00:37:34.000
and then have packaging done in the U.S.

521
00:37:34.000 --> 00:37:36.680
because you didn't own that trademark in China

522
00:37:36.680 --> 00:37:38.320
where you had the manufacturing done.

523
00:37:38.320 --> 00:37:39.560
It's a whole other world.

524
00:37:39.560 --> 00:37:41.800
So let me get to Carol.

525
00:37:41.800 --> 00:37:44.040
And then I want to answer a question that Lynn raised,

526
00:37:44.040 --> 00:37:45.240
which is phenomenal.

527
00:37:45.240 --> 00:37:47.400
And then I want to get into the trademark application thing,

528
00:37:47.400 --> 00:37:50.840
which is going to take about 20 minutes.

529
00:37:50.840 --> 00:37:51.920
I think it'll take about 20 minutes

530
00:37:51.920 --> 00:37:52.920
for us to walk through that.

531
00:37:53.440 --> 00:37:55.000
So Carol, you're up, my friend.

532
00:37:55.000 --> 00:37:57.040
Okay, I have two quick questions.

533
00:37:57.040 --> 00:38:02.040
So I'm just starting, and so I only have a few clients.

534
00:38:02.120 --> 00:38:05.320
And so all of this is brand new thought process.

535
00:38:05.320 --> 00:38:07.840
I was even processing through names,

536
00:38:07.840 --> 00:38:09.520
trying to figure out what names

537
00:38:09.520 --> 00:38:10.880
in the last couple of months.

538
00:38:10.880 --> 00:38:14.720
And so one thing that came up

539
00:38:14.720 --> 00:38:18.200
was I did just a specific event, not my challenge.

540
00:38:18.200 --> 00:38:20.560
I had already done a challenge with another name

541
00:38:20.560 --> 00:38:22.880
that I'm using more for my coaching and so forth,

542
00:38:23.720 --> 00:38:26.240
but I was going to do just a one-hour event.

543
00:38:26.240 --> 00:38:29.680
And I happened to pass it by our coaching group.

544
00:38:29.680 --> 00:38:32.360
And I didn't know, but it's actually the name

545
00:38:32.360 --> 00:38:34.320
that Karen uses for her academy,

546
00:38:34.320 --> 00:38:36.440
but I used it, that name Tea Party.

547
00:38:36.440 --> 00:38:39.600
And it was just for that one-hour event,

548
00:38:39.600 --> 00:38:42.920
and I wouldn't use it as a name for a product.

549
00:38:42.920 --> 00:38:46.640
But in that case, how do you do that

550
00:38:46.640 --> 00:38:48.280
when we're in this community

551
00:38:48.280 --> 00:38:50.040
where we're trying to figure out names?

552
00:38:50.040 --> 00:38:51.240
We're just getting started.

553
00:38:51.240 --> 00:38:53.600
We're just trying to, you know, pay directly.

554
00:38:53.600 --> 00:38:54.440
You raised-

555
00:38:54.440 --> 00:38:55.480
Get started.

556
00:38:55.480 --> 00:38:57.880
Yeah, Carol, you raised an issue

557
00:38:57.880 --> 00:39:02.560
that has been on my heart since I joined 100X.

558
00:39:02.560 --> 00:39:06.120
Just to be clear, the reason why I started this

559
00:39:06.120 --> 00:39:07.920
Protect Your Idea Challenge

560
00:39:07.920 --> 00:39:10.880
is literally the words you just spoke.

561
00:39:10.880 --> 00:39:14.400
Because we have brilliant, I mean, and I mean brilliant,

562
00:39:14.400 --> 00:39:17.960
gifted individuals who are being ordained

563
00:39:17.960 --> 00:39:20.760
with remarkable ideas, great concepts,

564
00:39:20.760 --> 00:39:22.320
and they're not just thinking about themselves.

565
00:39:22.320 --> 00:39:25.560
They're thinking about entire groups of people.

566
00:39:25.560 --> 00:39:28.120
Like, these are people that are going to transform

567
00:39:28.120 --> 00:39:30.600
the business world, literally.

568
00:39:30.600 --> 00:39:32.520
Like, this isn't like something I'm making up.

569
00:39:32.520 --> 00:39:34.440
It is happening, all right?

570
00:39:34.440 --> 00:39:36.640
And it's growing very fast.

571
00:39:36.640 --> 00:39:40.080
And so as, you know, as an example,

572
00:39:40.080 --> 00:39:42.000
the God Idea Challenge was raised, right?

573
00:39:42.000 --> 00:39:43.480
You know, which Pedro runs.

574
00:39:43.480 --> 00:39:47.120
And being in 100X, the second I saw somebody

575
00:39:47.120 --> 00:39:49.160
actually start using a name,

576
00:39:49.160 --> 00:39:51.640
I would go online and I'd do a search for them.

577
00:39:51.640 --> 00:39:53.640
And then I'd go, oh my gosh,

578
00:39:53.640 --> 00:39:56.400
this is a federally registered trademark.

579
00:39:56.400 --> 00:39:57.400
They can't use this.

580
00:39:57.400 --> 00:39:58.600
But here's the issue I had.

581
00:39:58.600 --> 00:39:59.560
Here's the dilemma.

582
00:40:00.000 --> 00:40:02.440
I can't tell them because if I tell them,

583
00:40:02.440 --> 00:40:04.520
they now have actual notice.

584
00:40:04.520 --> 00:40:06.940
If they have actual notice and they're infringing,

585
00:40:06.940 --> 00:40:09.320
they change from just infringement

586
00:40:09.320 --> 00:40:10.640
about something they didn't know about,

587
00:40:10.640 --> 00:40:12.720
which is a lower element of damages

588
00:40:12.720 --> 00:40:14.660
than willful infringement.

589
00:40:14.660 --> 00:40:16.480
Because now they're aware,

590
00:40:16.480 --> 00:40:20.920
whatever you are made aware of, you're responsible for.

591
00:40:20.920 --> 00:40:23.160
And so now if I go around in 100X

592
00:40:23.160 --> 00:40:24.000
and start telling people,

593
00:40:24.000 --> 00:40:25.320
hey, you're infringing this trademark,

594
00:40:25.320 --> 00:40:26.840
hey, you're infringing that trademark,

595
00:40:26.840 --> 00:40:29.480
which I wanna provide that guidance,

596
00:40:29.560 --> 00:40:31.160
I'm now placing them on notice,

597
00:40:31.160 --> 00:40:32.360
which actually can hurt them

598
00:40:32.360 --> 00:40:33.840
if they continue doing something

599
00:40:33.840 --> 00:40:35.560
that I'm trying to tell them not to do.

600
00:40:35.560 --> 00:40:37.480
That's why I created this.

601
00:40:37.480 --> 00:40:40.080
So that people, before they actually start creating

602
00:40:40.080 --> 00:40:45.080
their coaching programs, their products, their businesses,

603
00:40:45.400 --> 00:40:47.720
whatever they're doing, their solo ventures

604
00:40:47.720 --> 00:40:50.580
or their multi-billion dollar corporations,

605
00:40:50.580 --> 00:40:54.880
they have the basic tools to do a trademark search,

606
00:40:54.880 --> 00:40:56.720
to be able to find out, hold it,

607
00:40:56.720 --> 00:40:58.520
does somebody else have this federally registered

608
00:40:58.520 --> 00:41:01.600
or how do I do a common law search?

609
00:41:01.600 --> 00:41:03.620
Well, the thing I'm gonna put into Facebook group

610
00:41:03.620 --> 00:41:05.280
using Thompson Reuters will help you

611
00:41:05.280 --> 00:41:08.240
to do a common law search to see business names.

612
00:41:08.240 --> 00:41:10.160
You can search business names.

613
00:41:10.160 --> 00:41:12.040
You can search the business registrations

614
00:41:12.040 --> 00:41:14.860
in every state of literally the United States.

615
00:41:14.860 --> 00:41:16.640
And you can search in other countries as well.

616
00:41:16.640 --> 00:41:19.640
There's ways to do that, but nobody knew these things.

617
00:41:19.640 --> 00:41:24.640
So I'm thinking, how do I help to protect something

618
00:41:25.200 --> 00:41:29.560
that clearly is a remarkable blessing to many people?

619
00:41:29.560 --> 00:41:30.800
Because all these people are gifted

620
00:41:30.800 --> 00:41:33.800
and they're helping others, but at the same time,

621
00:41:33.800 --> 00:41:37.120
not make them in a worse position.

622
00:41:37.120 --> 00:41:39.400
That's why we are where we are right now.

623
00:41:39.400 --> 00:41:40.920
That's literally why we're doing this.

624
00:41:40.920 --> 00:41:44.080
So in your situation, if you're thinking,

625
00:41:44.080 --> 00:41:46.040
okay, I'm going to start a new business,

626
00:41:46.040 --> 00:41:47.520
I'm gonna provide a new service.

627
00:41:47.520 --> 00:41:49.120
Now you know how to do a trademark search.

628
00:41:49.120 --> 00:41:50.760
You can do a basic search online.

629
00:41:50.760 --> 00:41:52.600
If there's a federal registration, it'll pop up

630
00:41:52.600 --> 00:41:54.760
and you can go, I think this is an issue.

631
00:41:54.760 --> 00:41:56.480
I better speak to a lawyer.

632
00:41:56.480 --> 00:41:57.960
I think something's, I'm not sure.

633
00:41:57.960 --> 00:41:58.980
I think this is an issue.

634
00:41:58.980 --> 00:41:59.820
This is for Canada.

635
00:41:59.820 --> 00:42:02.200
Let me call up Paula, or this is something else.

636
00:42:02.200 --> 00:42:03.720
Let me call up somebody else, right?

637
00:42:03.720 --> 00:42:07.960
But at least you know, now that you know, you can go forward.

638
00:42:07.960 --> 00:42:09.820
Now, what about a different situation

639
00:42:09.820 --> 00:42:11.960
where there is no federal registration?

640
00:42:11.960 --> 00:42:13.820
Like, how do I know?

641
00:42:13.820 --> 00:42:16.000
Like, there's common law searches,

642
00:42:16.000 --> 00:42:18.760
but it may not even come up in a common law search.

643
00:42:18.760 --> 00:42:21.520
This is where it gets a little,

644
00:42:22.600 --> 00:42:26.240
it becomes a little less solid.

645
00:42:26.240 --> 00:42:27.840
Now it becomes a situation of,

646
00:42:27.840 --> 00:42:29.800
I start using this name in this group

647
00:42:29.800 --> 00:42:30.620
and somebody else says,

648
00:42:30.620 --> 00:42:32.520
I've been using that name before you.

649
00:42:32.520 --> 00:42:34.080
Now it falls into what realm?

650
00:42:34.080 --> 00:42:36.160
Somebody type in the chat,

651
00:42:36.160 --> 00:42:38.560
what are the two words that describe

652
00:42:38.560 --> 00:42:40.360
when you don't have a federal registration

653
00:42:40.360 --> 00:42:42.880
and you're comparing to see who used it first,

654
00:42:42.880 --> 00:42:43.880
what is that called?

655
00:42:43.880 --> 00:42:46.280
What is the realm that we are talking about?

656
00:42:46.280 --> 00:42:47.200
What kind of law is that?

657
00:42:47.200 --> 00:42:49.960
Common law, common law, common law, that's it.

658
00:42:49.960 --> 00:42:53.760
So now it becomes, well, what exactly are you using it for

659
00:42:53.760 --> 00:42:54.680
and your services?

660
00:42:54.680 --> 00:42:57.680
And what am I gonna use it for in my services?

661
00:42:57.680 --> 00:43:00.280
And now we compare and we see whether or not

662
00:43:00.280 --> 00:43:02.240
there's a likelihood of confusion.

663
00:43:02.240 --> 00:43:04.140
Hopefully the two people can work together

664
00:43:04.140 --> 00:43:05.420
and figure it out.

665
00:43:05.420 --> 00:43:08.820
Sometimes they can't, sometimes it leads to animosity.

666
00:43:08.820 --> 00:43:11.080
And that's when a mediator is very helpful

667
00:43:11.080 --> 00:43:13.680
to bring in a third party to try to calm people down

668
00:43:13.680 --> 00:43:14.880
and make things work.

669
00:43:14.920 --> 00:43:17.040
I had a woman call me up,

670
00:43:17.040 --> 00:43:21.000
a CEO of a corporation, practically crying.

671
00:43:21.000 --> 00:43:24.680
Because, and this is like grown woman runs a big business.

672
00:43:24.680 --> 00:43:26.580
And she says, I'm getting sued.

673
00:43:26.580 --> 00:43:27.920
And I said, about what?

674
00:43:27.920 --> 00:43:30.480
She says, we've been using this name for many years,

675
00:43:30.480 --> 00:43:32.520
like four years.

676
00:43:32.520 --> 00:43:34.720
Now we got to change the name of the services,

677
00:43:34.720 --> 00:43:36.640
the name of the goods, the name of the company.

678
00:43:36.640 --> 00:43:37.920
And we might have to cut a check.

679
00:43:37.920 --> 00:43:40.180
I said, all right, hold on, calm down.

680
00:43:41.360 --> 00:43:43.080
The other company has something similar, right?

681
00:43:43.080 --> 00:43:45.040
But they're in a different country, right?

682
00:43:45.040 --> 00:43:45.880
She said, yes.

683
00:43:45.880 --> 00:43:47.480
I said, okay, this has happened more than once.

684
00:43:47.480 --> 00:43:49.600
So this is an exceptional situation.

685
00:43:49.600 --> 00:43:51.480
I said, have you spoken to them?

686
00:43:51.480 --> 00:43:54.080
Like, did you pick up the phone and say,

687
00:43:54.080 --> 00:43:58.120
hey, this is who I am, this is what I do.

688
00:43:58.120 --> 00:43:58.960
Did you do that?

689
00:43:58.960 --> 00:44:01.240
Or did you just kind of like freak out?

690
00:44:01.240 --> 00:44:02.640
Like, what did you do?

691
00:44:02.640 --> 00:44:04.680
And she says, well, I got this nasty gram

692
00:44:05.560 --> 00:44:08.240
and it's from an individual within the company

693
00:44:08.240 --> 00:44:10.320
and they're suing me.

694
00:44:10.320 --> 00:44:12.740
Like they give me a copy of a complaint

695
00:44:13.440 --> 00:44:14.580
that they're filing in federal district court.

696
00:44:14.580 --> 00:44:15.980
I said, okay, so it's not from a lawyer.

697
00:44:15.980 --> 00:44:18.060
No, no, I said, okay, okay.

698
00:44:18.060 --> 00:44:19.340
So they got the copy of the complaint

699
00:44:19.340 --> 00:44:20.740
but they're handling it personally.

700
00:44:20.740 --> 00:44:21.980
Calm down.

701
00:44:21.980 --> 00:44:23.180
If they handled it personally,

702
00:44:23.180 --> 00:44:25.860
that's because they want a little bit of interaction.

703
00:44:25.860 --> 00:44:28.220
They could have just had a lawyer go after you.

704
00:44:28.220 --> 00:44:29.060
That's very different.

705
00:44:29.060 --> 00:44:30.220
It's very different when you're in the ocean

706
00:44:30.220 --> 00:44:32.100
and a shark's coming after you and there's bloodshed.

707
00:44:32.100 --> 00:44:34.380
That's very different from being in a boat

708
00:44:34.380 --> 00:44:36.260
and knowing there's sharks in the water.

709
00:44:36.260 --> 00:44:37.940
Very different, okay?

710
00:44:37.940 --> 00:44:39.460
So now what do you do?

711
00:44:39.460 --> 00:44:41.420
I said, reach out to the other party.

712
00:44:41.420 --> 00:44:43.940
Say, look, I'm in Brazil.

713
00:44:43.940 --> 00:44:45.780
You're in the United States.

714
00:44:45.780 --> 00:44:47.220
Like, I understand that you're providing

715
00:44:47.220 --> 00:44:49.440
some of your services here, but can we work together

716
00:44:49.440 --> 00:44:51.340
so I actually provide some of these services

717
00:44:51.340 --> 00:44:53.980
for you in this country?

718
00:44:53.980 --> 00:44:54.820
And what do they do?

719
00:44:54.820 --> 00:44:55.640
It worked out.

720
00:44:55.640 --> 00:44:57.180
Like they work together now.

721
00:44:57.180 --> 00:44:59.620
Like, it doesn't always have to be.

722
00:45:00.000 --> 00:45:01.500
Boom, explosion.

723
00:45:01.500 --> 00:45:03.980
So I guess what I'm saying in all of that

724
00:45:03.980 --> 00:45:06.540
is you're now aware of what the issues are.

725
00:45:06.540 --> 00:45:11.100
What you raised is exactly why I put together this challenge

726
00:45:11.100 --> 00:45:13.380
for especially 100x community and all the people

727
00:45:13.380 --> 00:45:14.540
that you're taking care of.

728
00:45:14.540 --> 00:45:17.760
And what I would say is if you start using something,

729
00:45:17.760 --> 00:45:21.140
somebody makes you aware of it, calm down,

730
00:45:21.140 --> 00:45:22.500
and then just figure it out.

731
00:45:22.500 --> 00:45:25.140
Just say, OK, well, let's look at common law first.

732
00:45:25.140 --> 00:45:26.260
Who used it first?

733
00:45:26.260 --> 00:45:29.020
What specific geographical regions?

734
00:45:29.020 --> 00:45:31.780
Now that I know where specific geographical regions,

735
00:45:31.780 --> 00:45:33.420
is there a way for us to work separate

736
00:45:33.420 --> 00:45:35.300
and there not be a likelihood of confusion?

737
00:45:35.300 --> 00:45:38.580
When you start using words like likelihood of confusion,

738
00:45:38.580 --> 00:45:43.660
common law, specific geographical regions,

739
00:45:43.660 --> 00:45:45.580
when you start talking like that,

740
00:45:45.580 --> 00:45:48.540
it changes the conversation from you're using my name,

741
00:45:48.540 --> 00:45:51.820
I want you to stop to, hold it, there's a legal issue here.

742
00:45:51.820 --> 00:45:54.140
Let's see if we can figure it out.

743
00:45:54.140 --> 00:45:56.780
It's just a different tone.

744
00:45:56.780 --> 00:45:58.140
So that's what I would suggest.

745
00:45:58.140 --> 00:45:59.600
I don't know if that's helpful for you, Carol,

746
00:45:59.600 --> 00:46:01.940
but it was a really good opportunity to share that.

747
00:46:01.940 --> 00:46:02.620
Yeah, it is.

748
00:46:02.620 --> 00:46:05.460
But right now, I mean, I'm not even advertising mine.

749
00:46:05.460 --> 00:46:09.060
I'm just doing it to people that I know might be interested.

750
00:46:09.060 --> 00:46:13.100
So it's not really a big deal right now.

751
00:46:13.100 --> 00:46:17.180
But because we all are, many of us

752
00:46:17.180 --> 00:46:21.860
have a similar type product that we're offering in coaching,

753
00:46:21.860 --> 00:46:24.940
and there are only so many names.

754
00:46:24.940 --> 00:46:27.380
And sometimes it's a combination of names.

755
00:46:27.380 --> 00:46:28.500
That's the thing.

756
00:46:28.500 --> 00:46:29.900
It's the combination.

757
00:46:29.900 --> 00:46:33.100
And there's no way to know what everybody's name,

758
00:46:33.100 --> 00:46:38.780
what names everybody's using in their exclusive bonus

759
00:46:38.780 --> 00:46:41.340
that they have named a certain way.

760
00:46:41.340 --> 00:46:43.580
And you might be using two of those names,

761
00:46:43.580 --> 00:46:46.660
or you might be using two extra names other than what they are.

762
00:46:46.660 --> 00:46:47.980
And there's no way to know that.

763
00:46:47.980 --> 00:46:52.180
So that's just the thing that's confusing in that.

764
00:46:52.180 --> 00:46:54.940
One of the things I would say that will help you out, Carol,

765
00:46:54.940 --> 00:46:57.020
is come up with an original name.

766
00:46:57.020 --> 00:46:58.740
And when you file a trademark application,

767
00:46:58.740 --> 00:47:01.780
you can post it in 100 Acts and say, oh my gosh,

768
00:47:01.780 --> 00:47:03.740
I'm so excited.

769
00:47:03.740 --> 00:47:07.540
I've decided to pursue with my coaching program.

770
00:47:07.540 --> 00:47:08.540
I've got a brand new name.

771
00:47:08.540 --> 00:47:10.060
Just file a trademark application.

772
00:47:10.060 --> 00:47:11.420
What do you guys think?

773
00:47:11.420 --> 00:47:14.020
You just placed everybody on notice.

774
00:47:14.020 --> 00:47:16.540
Everybody there now knows that's the name

775
00:47:16.540 --> 00:47:17.820
that you're thinking of using.

776
00:47:17.820 --> 00:47:20.500
Yeah, and Peter mentioned a really good point,

777
00:47:20.500 --> 00:47:22.540
which is trademark selection.

778
00:47:22.540 --> 00:47:24.740
Try to come up with something unique, preferably

779
00:47:24.740 --> 00:47:26.060
a coined word.

780
00:47:26.060 --> 00:47:30.900
Those are far easier to register and protect,

781
00:47:30.900 --> 00:47:33.740
because it's unlikely that someone will come up

782
00:47:33.740 --> 00:47:34.820
with something very unique.

783
00:47:34.820 --> 00:47:38.420
If you're using very common words,

784
00:47:38.420 --> 00:47:40.980
arguably, they may not even qualify

785
00:47:40.980 --> 00:47:42.460
for trademark protection.

786
00:47:42.460 --> 00:47:43.980
They may be descriptive.

787
00:47:43.980 --> 00:47:46.260
If they're descriptive, you cannot get a registration

788
00:47:46.260 --> 00:47:47.660
for something that's descriptive.

789
00:47:47.660 --> 00:47:49.340
Exactly.

790
00:47:49.340 --> 00:47:52.340
And then filing the application is a good way

791
00:47:52.340 --> 00:47:53.780
to give being public notice.

792
00:47:53.780 --> 00:47:57.180
And if there's other forums or advertisements

793
00:47:57.180 --> 00:48:01.820
you can do on whatever forums you're on,

794
00:48:01.820 --> 00:48:04.180
like social media, websites, that sort of thing,

795
00:48:04.180 --> 00:48:05.700
you're giving public notice that you've

796
00:48:05.700 --> 00:48:06.860
adopted that trademark.

797
00:48:06.860 --> 00:48:09.740
So that's another good tip that Peter gave you.

798
00:48:09.740 --> 00:48:12.100
And quite frankly, the people in our community

799
00:48:12.100 --> 00:48:14.660
are going to celebrate that you came up with your own name,

800
00:48:14.660 --> 00:48:16.580
because we all celebrate each other.

801
00:48:16.580 --> 00:48:18.980
We just don't know what everybody's doing.

802
00:48:18.980 --> 00:48:20.420
We're all backing each other up.

803
00:48:20.420 --> 00:48:21.380
I mean, we're all here.

804
00:48:21.380 --> 00:48:23.220
I'm here because I want to back you guys up.

805
00:48:23.220 --> 00:48:24.500
I want you guys all to succeed.

806
00:48:24.500 --> 00:48:27.620
When you succeed, it makes me so happy.

807
00:48:27.620 --> 00:48:29.660
And so for your situation, you come up

808
00:48:29.660 --> 00:48:30.860
with an original name.

809
00:48:30.860 --> 00:48:32.540
File the application first, though.

810
00:48:32.540 --> 00:48:33.500
File the application.

811
00:48:33.500 --> 00:48:34.820
And what's the second thing you should do?

812
00:48:34.820 --> 00:48:35.860
Somebody type in the chat.

813
00:48:35.860 --> 00:48:38.020
What's the second thing you should do immediately

814
00:48:38.020 --> 00:48:40.980
after you file the application?

815
00:48:40.980 --> 00:48:44.300
Somebody tell me what you should do immediately after.

816
00:48:44.300 --> 00:48:44.940
Get the domain.

817
00:48:44.940 --> 00:48:45.620
Domain name.

818
00:48:45.620 --> 00:48:46.180
There it is.

819
00:48:46.180 --> 00:48:48.260
Domain name, domain name, domain name.

820
00:48:48.260 --> 00:48:51.380
First, I will search in for the domain name.

821
00:48:51.380 --> 00:48:52.940
And if the domain name is available,

822
00:48:53.940 --> 00:48:54.940
Yeah, and don't do that.

823
00:48:54.940 --> 00:48:56.940
Remember, don't search for the domain name first.

824
00:48:56.940 --> 00:48:58.540
Well, I mean, I would go ahead and buy it.

825
00:48:58.540 --> 00:48:59.740
I mean, I could have a bunch of them.

826
00:48:59.740 --> 00:49:00.580
Exactly.

827
00:49:00.580 --> 00:49:01.780
Well, I might use that.

828
00:49:01.780 --> 00:49:03.940
I did actually have kind of figured out

829
00:49:03.940 --> 00:49:04.860
that they might do that.

830
00:49:04.860 --> 00:49:06.660
So I went ahead and bought things

831
00:49:06.660 --> 00:49:07.940
just in case I used it.

832
00:49:07.940 --> 00:49:10.260
So what you do is you do the trademark search.

833
00:49:10.260 --> 00:49:12.580
You find out that, yeah, that name is available

834
00:49:12.580 --> 00:49:14.700
or that I'm definitely going to proceed with that.

835
00:49:14.700 --> 00:49:17.380
Now you go and do the domain name search, right?

836
00:49:17.380 --> 00:49:19.980
And you say, OK, well, looks like it's available.

837
00:49:19.980 --> 00:49:21.020
Buy it immediately.

838
00:49:21.060 --> 00:49:24.140
Because if you do the domain name search first

839
00:49:24.140 --> 00:49:26.220
and then you don't buy it, I'm telling you,

840
00:49:26.220 --> 00:49:27.860
they have filters, they have spiders,

841
00:49:27.860 --> 00:49:29.140
they know you're interested in it.

842
00:49:29.140 --> 00:49:32.100
All of a sudden the price goes to like 595

843
00:49:32.100 --> 00:49:34.300
and you're like, it was just 895.

844
00:49:34.300 --> 00:49:36.860
How did it just go to $595?

845
00:49:36.860 --> 00:49:38.500
Literally in 10 minutes.

846
00:49:38.500 --> 00:49:40.860
There's no way it became that popular.

847
00:49:40.860 --> 00:49:42.220
It's like, it's not possible.

848
00:49:42.220 --> 00:49:44.420
So Coach Karen, last point.

849
00:49:44.420 --> 00:49:47.300
And then I want to jump into the trademark application.

850
00:49:47.300 --> 00:49:49.820
So Carol and I are very good friends.

851
00:49:49.820 --> 00:49:50.980
Oh, we know, we all know.

852
00:49:51.500 --> 00:49:52.740
And it's her and I in it.

853
00:49:52.740 --> 00:49:55.940
So I think it's going to be a teachable moment

854
00:49:55.940 --> 00:50:00.940
for this group as an opportunity about the discernment.

855
00:50:00.000 --> 00:50:02.240
and what happens and who's done what,

856
00:50:02.240 --> 00:50:04.280
because immediately, I mean,

857
00:50:04.280 --> 00:50:05.780
I'm her coach in the small group.

858
00:50:05.780 --> 00:50:08.760
So she passed it by me and I went, I love it.

859
00:50:08.760 --> 00:50:10.640
Just to let you know,

860
00:50:12.120 --> 00:50:14.760
I've been using this name and have the domain,

861
00:50:14.760 --> 00:50:16.720
it's the name of my coaching program.

862
00:50:16.720 --> 00:50:17.800
It's a little different.

863
00:50:17.800 --> 00:50:20.640
So this is where I think it could be a teachable moment

864
00:50:20.640 --> 00:50:23.800
for all of us here, you know, is,

865
00:50:23.800 --> 00:50:25.760
cause I think Carol, you're on board with that, right?

866
00:50:25.760 --> 00:50:28.740
Like, I'm happy to be used as an example with that.

867
00:50:28.740 --> 00:50:30.020
Like, if we look at that,

868
00:50:30.020 --> 00:50:32.780
like now I put the TM on it, on the site,

869
00:50:32.780 --> 00:50:34.720
I'm gonna do the trademark today for it,

870
00:50:34.720 --> 00:50:37.260
but I've been using it for since 2014

871
00:50:37.260 --> 00:50:38.520
for my coaching programs.

872
00:50:38.520 --> 00:50:40.940
It's been, you know, it's a name I've used

873
00:50:40.940 --> 00:50:42.500
and put on water bottles.

874
00:50:42.500 --> 00:50:44.140
So I have to figure that out now, you know,

875
00:50:44.140 --> 00:50:45.060
and stuff like that.

876
00:50:45.060 --> 00:50:47.620
So, but it's Peace Talks Academy.

877
00:50:47.620 --> 00:50:50.340
She's doing Peace Talks something else.

878
00:50:50.340 --> 00:50:53.100
And so this is where the discernment

879
00:50:53.100 --> 00:50:57.620
of what's trademarkable, what's this, what's that,

880
00:50:57.620 --> 00:50:59.980
that would be helpful, I think, for me,

881
00:50:59.980 --> 00:51:01.940
as well as her and the group,

882
00:51:01.940 --> 00:51:05.040
like what words put together count.

883
00:51:05.040 --> 00:51:05.880
Yeah.

884
00:51:05.880 --> 00:51:07.540
And this really goes towards,

885
00:51:07.540 --> 00:51:10.320
there are many other things we can be talking about.

886
00:51:10.320 --> 00:51:11.700
And this is why I think all of you

887
00:51:11.700 --> 00:51:13.500
are gonna really be happy with day four.

888
00:51:13.500 --> 00:51:14.740
Let's put it that way.

889
00:51:14.740 --> 00:51:16.600
Because you're talking real life.

890
00:51:16.600 --> 00:51:18.300
This is real life situations.

891
00:51:18.300 --> 00:51:21.300
And it's amazing how this happened with two people

892
00:51:21.300 --> 00:51:24.100
who are incredibly lovely people who serve others

893
00:51:24.100 --> 00:51:28.300
on the same VIP who can provide this perfect example

894
00:51:28.300 --> 00:51:29.580
of how it can work.

895
00:51:29.580 --> 00:51:31.600
I mean, that's like,

896
00:51:31.600 --> 00:51:33.540
I didn't know this situation was gonna happen.

897
00:51:33.540 --> 00:51:34.820
I'm amazed.

898
00:51:34.820 --> 00:51:36.260
You know, I guess I shouldn't be anymore

899
00:51:36.260 --> 00:51:37.900
because the way God works.

900
00:51:37.900 --> 00:51:41.840
But the whole point being that in your situation,

901
00:51:41.840 --> 00:51:44.420
one thing that's gonna be important for both of you

902
00:51:44.420 --> 00:51:47.000
is you wanna make sure that

903
00:51:47.000 --> 00:51:49.020
if one person is providing a certain service

904
00:51:49.020 --> 00:51:50.900
and another one is providing the other service,

905
00:51:50.900 --> 00:51:51.740
you know what?

906
00:51:52.460 --> 00:51:54.300
You don't wanna lead to like confusion

907
00:51:54.300 --> 00:51:56.600
between who's providing what service.

908
00:51:56.600 --> 00:51:58.900
Like you don't, and I know you guys are friends,

909
00:51:58.900 --> 00:51:59.740
which is awesome.

910
00:51:59.740 --> 00:52:00.860
And we all love you both.

911
00:52:00.860 --> 00:52:02.780
So, you know, within the community,

912
00:52:02.780 --> 00:52:04.700
but you also at the same time,

913
00:52:04.700 --> 00:52:06.340
you wanna protect the people

914
00:52:06.340 --> 00:52:07.780
so that if people were saying,

915
00:52:07.780 --> 00:52:09.620
oh, I'm going into coach Karen's program

916
00:52:09.620 --> 00:52:11.640
and it's actually Carol's program.

917
00:52:11.640 --> 00:52:12.740
And they're like, hold it.

918
00:52:12.740 --> 00:52:14.620
I thought this was Karen's program.

919
00:52:14.620 --> 00:52:17.020
And the two of you are not gonna fight,

920
00:52:17.020 --> 00:52:18.420
but the people are confused.

921
00:52:18.420 --> 00:52:19.260
Confused, yeah.

922
00:52:19.260 --> 00:52:20.780
And so that's where the issue is.

923
00:52:21.020 --> 00:52:22.460
It's not always,

924
00:52:22.460 --> 00:52:24.220
oh, corporation X is gonna get upset

925
00:52:24.220 --> 00:52:25.700
that corporation Y is making money.

926
00:52:25.700 --> 00:52:27.100
It's what about the people?

927
00:52:27.100 --> 00:52:29.820
Like, you know, there may be something that coach,

928
00:52:29.820 --> 00:52:32.620
you know, that Carol has that Karen doesn't have.

929
00:52:32.620 --> 00:52:33.460
I guarantee you there is.

930
00:52:33.460 --> 00:52:35.020
And there's certain things that Karen has

931
00:52:35.020 --> 00:52:36.300
that Carol doesn't have.

932
00:52:36.300 --> 00:52:37.980
I guarantee you that's the case.

933
00:52:37.980 --> 00:52:39.200
So you wanna help the people.

934
00:52:39.200 --> 00:52:42.380
So you don't want the marks to be so similar

935
00:52:42.380 --> 00:52:44.900
that people are confused as to the goods.

936
00:52:44.900 --> 00:52:46.140
Then they jump in and they're like,

937
00:52:46.140 --> 00:52:46.980
I'm in the wrong one.

938
00:52:46.980 --> 00:52:48.220
I want a refund.

939
00:52:48.220 --> 00:52:49.560
This isn't what I was told.

940
00:52:49.560 --> 00:52:51.200
And then it gets messy.

941
00:52:51.200 --> 00:52:53.760
It could also lead to dilution of your mark.

942
00:52:53.760 --> 00:52:56.800
You know, multiple parties using the same essential mark

943
00:52:56.800 --> 00:52:58.400
and there could be all sorts of issues.

944
00:52:58.400 --> 00:53:02.520
So I would stay away from that as much as you can, at least.

945
00:53:02.520 --> 00:53:04.320
And with that, I wanna go to Lynn

946
00:53:04.320 --> 00:53:06.360
because Lynn asked a question earlier

947
00:53:06.360 --> 00:53:07.880
that I wanna address.

948
00:53:07.880 --> 00:53:10.040
And Peter, I have a bit of a hard stop.

949
00:53:10.040 --> 00:53:10.880
So I just wanna-

950
00:53:10.880 --> 00:53:11.720
Oh, yeah, yeah.

951
00:53:11.720 --> 00:53:14.600
I think, Lynn, do you have a question for Canada?

952
00:53:14.600 --> 00:53:16.840
Okay, why don't we, Paula, why don't,

953
00:53:16.840 --> 00:53:18.680
I just wanna thank you personally.

954
00:53:18.680 --> 00:53:21.400
Can everybody just like type in the chat

955
00:53:21.400 --> 00:53:23.920
your thoughts about, you know, Paula,

956
00:53:23.920 --> 00:53:26.680
just light up the chat for this so that I can show her later

957
00:53:26.680 --> 00:53:30.200
and Paula, I could not give you more thanks.

958
00:53:30.200 --> 00:53:31.040
You're amazing.

959
00:53:31.040 --> 00:53:32.260
Thank you so much.

960
00:53:32.260 --> 00:53:33.100
Very grateful.

961
00:53:33.100 --> 00:53:35.560
So fun, so great to be here.

962
00:53:35.560 --> 00:53:38.240
I thank you, you know, for giving me the space

963
00:53:38.240 --> 00:53:40.920
to talk to your group and exciting things.

964
00:53:40.920 --> 00:53:43.800
I love the vibe and the energy of your group

965
00:53:43.800 --> 00:53:46.040
and thank you so much for having me.

966
00:53:46.040 --> 00:53:46.880
Absolutely.

967
00:53:46.880 --> 00:53:48.240
I'll touch base with you later, okay?

968
00:53:48.800 --> 00:53:49.640
You take care.

969
00:53:49.640 --> 00:53:50.460
Bye-bye, my friend.

970
00:53:50.460 --> 00:53:51.300
Bye.

971
00:53:51.300 --> 00:53:52.120
Wonderful.

972
00:53:52.120 --> 00:53:52.960
All right.

973
00:53:52.960 --> 00:53:53.800
Isn't she amazing?

974
00:53:53.800 --> 00:53:57.680
Like, I'm very blessed to have her as a colleague.

975
00:53:57.680 --> 00:53:59.480
She is very talented.

976
00:53:59.480 --> 00:54:02.440
So honestly, if you do work in Canada,

977
00:54:02.440 --> 00:54:03.680
I don't get anything out of this

978
00:54:03.680 --> 00:54:06.240
except for the fact that I know you'll be well taken care of.

979
00:54:06.240 --> 00:54:07.360
Call her.

980
00:54:07.360 --> 00:54:08.920
Like, she is phenomenal.

981
00:54:08.920 --> 00:54:11.680
I send everything I have in Canada, I send to her.

982
00:54:11.680 --> 00:54:14.440
By choice, just because I have a lot of agents in Canada,

983
00:54:14.440 --> 00:54:15.700
but she's very good.

984
00:54:15.740 --> 00:54:18.580
Lynn, my friend, unmute yourself, please.

985
00:54:19.420 --> 00:54:22.340
And let's address your question earlier

986
00:54:22.340 --> 00:54:25.780
and then please ask any other question that you may have.

987
00:54:25.780 --> 00:54:27.500
I was just laughing because I was like,

988
00:54:27.500 --> 00:54:29.820
I'm just like, all these ideas.

989
00:54:29.820 --> 00:54:31.660
I don't remember my question earlier.

990
00:54:31.660 --> 00:54:32.500
What was it?

991
00:54:32.500 --> 00:54:34.420
Let me, I can probably find it.

992
00:54:37.020 --> 00:54:38.900
Let me see if I can find it.

993
00:54:38.900 --> 00:54:41.820
Lynn, Lynn, Lynn.

994
00:54:41.820 --> 00:54:43.700
How's normal Illinois?

995
00:54:43.700 --> 00:54:45.100
How's normal Illinois?

996
00:54:45.460 --> 00:54:46.300
It's fabulous.

997
00:54:46.300 --> 00:54:48.300
I was 55 degrees today.

998
00:54:48.300 --> 00:54:51.860
I do have to say that I firmly believe, Peter,

999
00:54:51.860 --> 00:54:56.500
that when the student is ready, the teacher will appear.

1000
00:54:56.500 --> 00:55:00.180
And when I started my business, yeah.

1001
00:55:00.000 --> 00:55:04.880
back in 2006, I needed this advice, but I wasn't ready.

1002
00:55:04.880 --> 00:55:06.840
So thank you for being here.

1003
00:55:06.840 --> 00:55:07.760
Absolutely.

1004
00:55:07.760 --> 00:55:10.400
Larissa, why don't you read it for me, please?

1005
00:55:10.400 --> 00:55:12.560
Well, after you get a registered trademark,

1006
00:55:12.560 --> 00:55:15.840
how would you know if someone else starts using it?

1007
00:55:15.840 --> 00:55:16.880
That's what you predicted well.

1008
00:55:16.880 --> 00:55:19.000
Okay, that is the perfect question

1009
00:55:19.000 --> 00:55:20.560
and everybody needs to hear this, okay?

1010
00:55:20.560 --> 00:55:23.760
And this is why I'm glad the recordings are available.

1011
00:55:23.760 --> 00:55:27.800
I know we're going over, but as I promised,

1012
00:55:27.800 --> 00:55:29.960
as you guys have questions, I'm gonna answer them for you.

1013
00:55:30.960 --> 00:55:32.840
You know, I'm invested in this for you,

1014
00:55:32.840 --> 00:55:34.640
so don't worry about it.

1015
00:55:34.640 --> 00:55:35.800
We'll get you the stuff you need.

1016
00:55:35.800 --> 00:55:39.360
So let's say you get a federal registration

1017
00:55:39.360 --> 00:55:41.120
and you want to find out if other people are using it.

1018
00:55:41.120 --> 00:55:43.960
You can actually use a searching service

1019
00:55:43.960 --> 00:55:46.880
that will monitor your federal registration.

1020
00:55:46.880 --> 00:55:48.360
And what I will do, Larissa,

1021
00:55:48.360 --> 00:55:49.880
can you remind me of this, please?

1022
00:55:49.880 --> 00:55:52.760
Or send me a text or a DM or something

1023
00:55:52.760 --> 00:55:56.640
to post in the Facebook group, the link for the service.

1024
00:55:56.640 --> 00:55:59.680
Okay, there's a company, it's called Thompson Royers.

1025
00:56:00.400 --> 00:56:02.000
They do what's called a Syrian search.

1026
00:56:02.000 --> 00:56:04.360
And for a few hundred bucks,

1027
00:56:04.360 --> 00:56:06.760
you can have your trademark monitored

1028
00:56:07.720 --> 00:56:09.960
in any country of the world.

1029
00:56:09.960 --> 00:56:12.640
And if anybody files a trademark application

1030
00:56:12.640 --> 00:56:17.600
for the same thing or gets an application that's pending,

1031
00:56:17.600 --> 00:56:19.880
that's kind of similar, it's not the same,

1032
00:56:19.880 --> 00:56:22.960
but it's kind of similar, you'll be notified.

1033
00:56:22.960 --> 00:56:25.080
So that's one of the services I actually provide

1034
00:56:25.080 --> 00:56:28.560
for my clients is, as an example,

1035
00:56:28.560 --> 00:56:31.880
Accelotas has registrations all over the world,

1036
00:56:31.880 --> 00:56:35.360
Skillsoft, Stonyfield, Constant Contact,

1037
00:56:35.360 --> 00:56:36.880
and there's others.

1038
00:56:36.880 --> 00:56:39.320
So we monitor their federally registered trademarks

1039
00:56:39.320 --> 00:56:40.880
everywhere in the world.

1040
00:56:40.880 --> 00:56:43.640
And if anybody uses something that's similar,

1041
00:56:43.640 --> 00:56:45.080
I let them know, and then they can,

1042
00:56:45.080 --> 00:56:46.880
before the registration goes through,

1043
00:56:46.880 --> 00:56:49.120
they can oppose it if they want.

1044
00:56:49.120 --> 00:56:51.280
They couldn't oppose it otherwise.

1045
00:56:51.280 --> 00:56:52.920
Linda, do you have another question?

1046
00:56:52.920 --> 00:56:56.120
I do, but again, I don't want to take up too much time.

1047
00:56:56.120 --> 00:56:56.960
One of the questions,

1048
00:56:56.960 --> 00:56:58.560
the big ones I have is,

1049
00:56:58.560 --> 00:57:03.560
so I have been using phrases with my business for years

1050
00:57:03.560 --> 00:57:06.800
and I have searched before and people are using,

1051
00:57:06.800 --> 00:57:08.840
there's some variation of them,

1052
00:57:08.840 --> 00:57:12.600
but I just did the search and the test and system,

1053
00:57:12.600 --> 00:57:14.240
and they're not there.

1054
00:57:14.240 --> 00:57:16.960
So with the different phrases I've associated

1055
00:57:16.960 --> 00:57:21.560
with my business, do I trademark those phrases?

1056
00:57:21.560 --> 00:57:22.400
Each one?

1057
00:57:22.400 --> 00:57:24.320
You have to use them together as a trademark.

1058
00:57:24.320 --> 00:57:27.760
So let's say like, life is good, right?

1059
00:57:28.960 --> 00:57:30.040
That's one slogan.

1060
00:57:30.040 --> 00:57:33.160
You would follow it as one application, life is good.

1061
00:57:33.160 --> 00:57:36.040
You wouldn't follow one for life and one for good.

1062
00:57:36.040 --> 00:57:39.680
Right, but see, I've got two sentences, two slogans.

1063
00:57:39.680 --> 00:57:41.280
Okay, two slogans, yep.

1064
00:57:41.280 --> 00:57:43.080
So each one is separate.

1065
00:57:43.080 --> 00:57:44.760
Yeah, are you going to use them separate

1066
00:57:44.760 --> 00:57:47.040
or are you always using them together?

1067
00:57:47.040 --> 00:57:49.920
I don't know.

1068
00:57:49.920 --> 00:57:52.160
I was looking back at things I've done

1069
00:57:52.200 --> 00:57:53.280
and some of my documents.

1070
00:57:53.280 --> 00:57:55.280
I would figure that out first.

1071
00:57:55.280 --> 00:57:56.840
Whatever the answer is to that,

1072
00:57:56.840 --> 00:57:58.440
that'll dictate how you file,

1073
00:57:58.440 --> 00:58:01.400
because you're going to have to provide a specimen

1074
00:58:01.400 --> 00:58:02.640
to the trademark office.

1075
00:58:02.640 --> 00:58:05.640
And that specimen has to show use in interstate commerce.

1076
00:58:05.640 --> 00:58:08.280
And if you're always using it together,

1077
00:58:08.280 --> 00:58:12.120
then quite frankly, you may not be able to support

1078
00:58:12.120 --> 00:58:13.880
following them as separate applications.

1079
00:58:13.880 --> 00:58:15.960
It depends on how you're using it.

1080
00:58:15.960 --> 00:58:17.880
So I would look at that first

1081
00:58:17.880 --> 00:58:19.600
and then bring that question up again

1082
00:58:19.720 --> 00:58:22.360
after you figure that out tomorrow in VIP.

1083
00:58:22.360 --> 00:58:23.560
We can go into that in more detail.

1084
00:58:23.560 --> 00:58:28.160
John, I'm going to address your stuff either tomorrow,

1085
00:58:28.160 --> 00:58:30.240
because I want to get into the trademark application

1086
00:58:30.240 --> 00:58:32.280
because we're running a little late

1087
00:58:32.280 --> 00:58:33.440
because I want to make sure Paula

1088
00:58:33.440 --> 00:58:35.080
answered everybody's questions.

1089
00:58:35.080 --> 00:58:37.080
So I'm going to jump into the trademark application

1090
00:58:37.080 --> 00:58:42.080
for everybody just to respect your time.

1091
00:58:42.280 --> 00:58:44.240
But at the same time, I also wanted to make sure

1092
00:58:44.240 --> 00:58:46.680
that all your questions were answered.

1093
00:58:47.680 --> 00:58:51.000
All right, so let me do this.

1094
00:58:54.000 --> 00:58:56.800
On the sheet, here we go.

1095
00:59:00.040 --> 00:59:03.120
Okay, I'm going to drop a link here for all of you.

1096
00:59:03.120 --> 00:59:05.560
It says following a federal trademark application.

1097
00:59:05.560 --> 00:59:07.760
That's the first link I'm dropping for you.

1098
00:59:08.680 --> 00:59:09.520
Whoops.

1099
00:59:10.960 --> 00:59:12.200
Yeah.

1100
00:59:12.200 --> 00:59:14.680
Paste, there's one, right?

1101
00:59:17.600 --> 00:59:19.400
Okay, now that's one.

1102
00:59:23.320 --> 00:59:24.840
And now let's see.

1103
00:59:24.840 --> 00:59:26.720
So that is following a trademark application

1104
00:59:26.720 --> 00:59:28.880
describes the steps for you.

1105
00:59:30.040 --> 00:59:32.480
And then I'm going to drop one more link for you.

1106
00:59:34.760 --> 00:59:36.040
This one here.

1107
00:59:38.520 --> 00:59:39.640
If you click on this one,

1108
00:59:39.640 --> 00:59:42.840
it gives you the basic steps like piece by piece,

1109
00:59:42.840 --> 00:59:44.240
step one, step two.

1110
00:59:44.240 --> 00:59:45.080
It's very helpful.

1111
00:59:45.080 --> 00:59:46.520
Those two links, okay?

1112
00:59:47.360 --> 00:59:48.200
You're going to see them in a chat,

1113
00:59:48.200 --> 00:59:50.520
but let's jump into following a trademark application

1114
00:59:50.520 --> 00:59:52.440
right now.

1115
00:59:54.520 --> 00:59:55.360
Dun-dun.

1116
00:59:59.760 --> 01:00:00.600
I'm going to.

1117
01:00:00.000 --> 01:00:01.960
take you from the very basic.

1118
01:00:01.960 --> 01:00:05.360
It's probably gonna take about 15 minutes about that.

1119
01:00:06.520 --> 01:00:07.780
Share my screen.

1120
01:00:09.920 --> 01:00:11.200
There we go.

1121
01:00:11.200 --> 01:00:13.280
Okay, let's make this bigger.

1122
01:00:14.800 --> 01:00:15.700
Pow.

1123
01:00:15.700 --> 01:00:17.400
Okay, can everybody see my screen?

1124
01:00:19.480 --> 01:00:21.200
Yes, I think, yes.

1125
01:00:21.200 --> 01:00:22.040
Okay, good.

1126
01:00:22.040 --> 01:00:26.260
All right, so this is a USPTO website, USPTO.gov, okay?

1127
01:00:27.260 --> 01:00:32.260
Now, if you click on trademarks, you'll see apply online.

1128
01:00:32.540 --> 01:00:33.380
See that?

1129
01:00:35.220 --> 01:00:39.300
You click on that, you get this screen here.

1130
01:00:39.300 --> 01:00:42.620
Log in to access forms and all this other stuff.

1131
01:00:42.620 --> 01:00:46.000
You click on log in to TEAS and TEAS page.

1132
01:00:47.100 --> 01:00:48.780
All right, and you see this button says

1133
01:00:48.780 --> 01:00:52.220
apply online for a trademark, okay?

1134
01:00:52.220 --> 01:00:54.060
Now, the stuff that I'm showing you,

1135
01:00:54.060 --> 01:00:57.080
I just wanna give you a little overview real quickly first,

1136
01:00:57.080 --> 01:00:59.420
I guess, before we jump into detail.

1137
01:00:59.420 --> 01:01:01.140
The two other links that I sent you

1138
01:01:01.140 --> 01:01:05.060
kind of talk about the process piece by piece.

1139
01:01:06.300 --> 01:01:09.940
Let me log into my account first.

1140
01:01:09.940 --> 01:01:12.420
Set up a USPTO.gov account.

1141
01:01:14.400 --> 01:01:15.540
Log in, all right.

1142
01:01:18.300 --> 01:01:19.780
Some of you may not have set up

1143
01:01:19.780 --> 01:01:21.940
your own USPTO account already,

1144
01:01:21.940 --> 01:01:25.460
so you can watch this and then watch the video later,

1145
01:01:25.460 --> 01:01:28.260
but you're gonna have to have your own USPTO account.

1146
01:01:28.260 --> 01:01:32.740
So when you click, you click create a USPTO.gov account.

1147
01:01:32.740 --> 01:01:35.500
That's what you'll have to fill in.

1148
01:01:39.700 --> 01:01:41.780
Let me just log into mine.

1149
01:01:43.940 --> 01:01:45.640
I just dropped another link, Peter.

1150
01:01:45.640 --> 01:01:49.180
People are saying the two you dropped are exactly the same

1151
01:01:49.180 --> 01:01:50.020
and it does look that way.

1152
01:01:50.020 --> 01:01:51.540
So I dropped the trademark search.

1153
01:01:52.140 --> 01:01:54.220
Was that the second one you were saying, trying to drop?

1154
01:01:54.220 --> 01:01:55.620
Hold on, hold on one second.

1155
01:01:56.540 --> 01:01:58.100
Let me get into this first.

1156
01:01:58.100 --> 01:02:00.140
Or someone help me out.

1157
01:02:00.140 --> 01:02:01.500
Hey, what just happened?

1158
01:02:02.460 --> 01:02:03.580
Amanda just locked me out,

1159
01:02:03.580 --> 01:02:04.620
which actually would be good

1160
01:02:04.620 --> 01:02:07.140
because then I'll be able to walk you through

1161
01:02:07.140 --> 01:02:08.100
from the beginning.

1162
01:02:09.100 --> 01:02:10.260
Let's find out.

1163
01:02:10.260 --> 01:02:11.940
Let me do this.

1164
01:02:11.940 --> 01:02:16.600
I have like four accounts as a patent attorney.

1165
01:02:16.600 --> 01:02:17.440
Okay.

1166
01:02:20.320 --> 01:02:21.480
Okay, that's one account.

1167
01:02:21.480 --> 01:02:22.600
Let's see if that one works.

1168
01:02:22.600 --> 01:02:23.440
Oh, that one does work.

1169
01:02:23.440 --> 01:02:24.280
Okay.

1170
01:02:25.760 --> 01:02:27.740
Let me check my email.

1171
01:02:31.360 --> 01:02:32.760
USPTO.

1172
01:02:34.200 --> 01:02:35.080
Here's my code.

1173
01:02:35.080 --> 01:02:37.660
Okay, after you put in your username and account,

1174
01:02:37.660 --> 01:02:39.120
you're gonna get this.

1175
01:02:40.700 --> 01:02:45.700
Then let me go back to the USPTO website.

1176
01:02:45.900 --> 01:02:50.600
It's so hard to see things when you have the bar at the top.

1177
01:02:51.980 --> 01:02:52.820
There we go.

1178
01:02:52.820 --> 01:02:54.220
Let me move that to the bottom.

1179
01:02:55.580 --> 01:02:56.780
Okay.

1180
01:02:56.780 --> 01:03:01.780
Sign in, right click, paste, apply, verify.

1181
01:03:02.100 --> 01:03:04.260
Remember the browser, 24 hours, verify.

1182
01:03:07.500 --> 01:03:08.540
See if we're in.

1183
01:03:09.660 --> 01:03:10.540
Okay, we're in.

1184
01:03:10.540 --> 01:03:11.900
Okay.

1185
01:03:11.900 --> 01:03:13.340
All right, so what I just went through

1186
01:03:13.340 --> 01:03:15.660
is basically just setting up your username

1187
01:03:16.420 --> 01:03:17.260
and password, that's all it is.

1188
01:03:17.260 --> 01:03:20.980
All right, so on your own side, when you click on,

1189
01:03:20.980 --> 01:03:23.180
I'll walk you through that one more time.

1190
01:03:23.180 --> 01:03:24.300
When you get to the screen here

1191
01:03:24.300 --> 01:03:27.460
that says log into Ts and Ts1,

1192
01:03:27.460 --> 01:03:30.760
set up your USPTO.gov account.

1193
01:03:30.760 --> 01:03:31.900
You just click on that.

1194
01:03:31.900 --> 01:03:33.500
Once you click on that, matter of fact,

1195
01:03:33.500 --> 01:03:36.420
what I'll do to make it easier for everybody

1196
01:03:36.420 --> 01:03:40.820
is I'll just drop that, paste, enter.

1197
01:03:40.820 --> 01:03:42.900
There's the link, okay?

1198
01:03:42.900 --> 01:03:45.040
That's a login screen.

1199
01:03:45.040 --> 01:03:47.800
So you can either go through USPTO.gov

1200
01:03:47.800 --> 01:03:49.520
or you can go through this login screen.

1201
01:03:49.520 --> 01:03:52.000
Either way, it takes you to,

1202
01:03:52.000 --> 01:03:53.280
if you go through this login screen,

1203
01:03:53.280 --> 01:03:55.080
you don't have to find the login screen.

1204
01:03:55.080 --> 01:03:56.140
All right?

1205
01:03:56.140 --> 01:03:58.140
So you can just use this link here.

1206
01:03:58.140 --> 01:04:00.200
So once you're in,

1207
01:04:00.200 --> 01:04:03.400
you're gonna have to set up your username and account.

1208
01:04:03.400 --> 01:04:06.120
So now I'm not sure what screen you're looking at,

1209
01:04:06.120 --> 01:04:07.960
so I'm gonna stop and then share again

1210
01:04:07.960 --> 01:04:10.760
so I can make sure you're looking at the right screen.

1211
01:04:10.760 --> 01:04:12.360
You're doing good.

1212
01:04:12.360 --> 01:04:13.180
Okay, good.

1213
01:04:13.180 --> 01:04:14.280
So everybody can see right now,

1214
01:04:14.520 --> 01:04:16.560
this is my USPTO.

1215
01:04:16.560 --> 01:04:17.560
Okay, great.

1216
01:04:17.560 --> 01:04:19.840
All right, so I don't need to see this

1217
01:04:19.840 --> 01:04:21.820
because I know the system already.

1218
01:04:21.820 --> 01:04:23.440
All right, so on the left-hand side,

1219
01:04:23.440 --> 01:04:27.160
you're gonna see file and application, right?

1220
01:04:28.600 --> 01:04:30.320
File a TEAS application.

1221
01:04:33.120 --> 01:04:34.120
So now what we're doing

1222
01:04:34.120 --> 01:04:35.800
is we're filing a trademark application.

1223
01:04:35.800 --> 01:04:37.540
You don't have to worry about this first screen.

1224
01:04:37.540 --> 01:04:40.100
Just say skip for now and continue to forms.

1225
01:04:41.020 --> 01:04:45.300
And this here is the screen that you're gonna get

1226
01:04:45.300 --> 01:04:47.560
for filing a trademark application, okay?

1227
01:04:49.660 --> 01:04:54.620
Now, again, I would not suggest that you do this

1228
01:04:54.620 --> 01:04:56.900
unless you know what you're doing, all right?

1229
01:04:56.900 --> 01:04:58.500
All the things that we've been going through

1230
01:04:58.500 --> 01:05:00.100
should teach you enough.

1231
01:05:00.000 --> 01:05:02.080
have to get everything to a final form

1232
01:05:02.080 --> 01:05:03.440
and then go to an attorney to make sure

1233
01:05:03.440 --> 01:05:05.400
that they're doing it for you properly

1234
01:05:05.400 --> 01:05:07.240
and minimizing their costs.

1235
01:05:07.240 --> 01:05:10.000
If you understand everything that we're talking about,

1236
01:05:10.000 --> 01:05:12.280
then you can proceed with going the next steps

1237
01:05:12.280 --> 01:05:13.840
and following your own trademark application

1238
01:05:13.840 --> 01:05:15.600
because you know what you're doing.

1239
01:05:15.600 --> 01:05:17.920
But you want to be able to figure out

1240
01:05:17.920 --> 01:05:19.560
what your recitation of goods are,

1241
01:05:19.560 --> 01:05:21.960
what your services are, right?

1242
01:05:21.960 --> 01:05:24.040
You want to figure out what your international class is.

1243
01:05:24.040 --> 01:05:26.360
If you still don't know what those things are,

1244
01:05:26.360 --> 01:05:29.240
you shouldn't be following a trademark application

1245
01:05:29.240 --> 01:05:33.800
because you can't change what you filed, okay?

1246
01:05:33.800 --> 01:05:37.920
So now, in this situation, there are two options.

1247
01:05:37.920 --> 01:05:41.880
You can select what's called a TEAS Plus application.

1248
01:05:42.800 --> 01:05:45.160
If you do a TEAS Plus application,

1249
01:05:45.160 --> 01:05:47.640
what will happen is, and I'll walk you through it,

1250
01:05:47.640 --> 01:05:49.840
you'll type in the word associated

1251
01:05:49.840 --> 01:05:51.720
with your goods or service,

1252
01:05:51.720 --> 01:05:53.840
and then all the international classes

1253
01:05:53.840 --> 01:05:57.240
associated with that will pop up, okay?

1254
01:05:57.240 --> 01:05:58.560
And it just occurred to me,

1255
01:05:58.560 --> 01:06:00.720
some people may not be familiar

1256
01:06:00.720 --> 01:06:02.120
with a certain term that I'm using.

1257
01:06:02.120 --> 01:06:06.960
So I'm going to give you one example real quickly.

1258
01:06:09.600 --> 01:06:10.560
Give me one second.

1259
01:06:10.560 --> 01:06:12.600
I'm going to show you a trademark.

1260
01:06:15.480 --> 01:06:17.160
Even though I know we did this earlier,

1261
01:06:17.160 --> 01:06:18.600
I'm going to show you again.

1262
01:06:18.600 --> 01:06:21.040
Can everybody see this application

1263
01:06:21.040 --> 01:06:22.920
for Challenge Whisperer on the screen?

1264
01:06:22.920 --> 01:06:23.880
Yes? Okay.

1265
01:06:24.880 --> 01:06:28.360
This right here, the IC41,

1266
01:06:28.360 --> 01:06:32.720
that's called an international classification, okay?

1267
01:06:34.800 --> 01:06:37.880
Every service or good that you provide

1268
01:06:37.880 --> 01:06:41.480
will fall into a international classification.

1269
01:06:41.480 --> 01:06:42.600
They all fall into something.

1270
01:06:42.600 --> 01:06:45.480
Shoes have their own international class.

1271
01:06:45.480 --> 01:06:47.880
Cars have their own international class.

1272
01:06:47.880 --> 01:06:50.560
Software has its own international class.

1273
01:06:50.560 --> 01:06:53.440
Every single one of them has their own international class.

1274
01:06:53.440 --> 01:06:54.800
And then there's this thing that says,

1275
01:06:54.800 --> 01:06:56.000
you see the GNS?

1276
01:06:56.000 --> 01:06:57.800
That's your goods and services.

1277
01:06:57.800 --> 01:07:00.960
And that's everything that's listed after that, all right?

1278
01:07:00.960 --> 01:07:03.200
All this information here,

1279
01:07:03.200 --> 01:07:06.560
I had to input in my trademark application

1280
01:07:06.560 --> 01:07:08.840
so it would show up here.

1281
01:07:08.840 --> 01:07:10.880
That's what I'm walking you through,

1282
01:07:10.880 --> 01:07:15.000
putting all this data into the application.

1283
01:07:15.000 --> 01:07:18.400
Then once you finalize it, you can file it, all right?

1284
01:07:18.400 --> 01:07:20.480
But all this data has to come from somewhere.

1285
01:07:20.480 --> 01:07:21.800
This is why I'm saying,

1286
01:07:21.800 --> 01:07:24.920
if you don't know what the international classification is,

1287
01:07:24.920 --> 01:07:26.960
you shouldn't be filing an application.

1288
01:07:26.960 --> 01:07:29.680
And if you don't know what goods or services to use,

1289
01:07:29.680 --> 01:07:30.600
you don't want to file yet.

1290
01:07:30.600 --> 01:07:32.760
You want to figure that out first.

1291
01:07:32.760 --> 01:07:34.280
Then you get to the phase

1292
01:07:34.280 --> 01:07:36.600
of filing a trademark application, okay?

1293
01:07:36.600 --> 01:07:38.440
Does that make sense?

1294
01:07:38.440 --> 01:07:41.120
Just want to make sure that you're not kind of like

1295
01:07:41.120 --> 01:07:42.440
trying to swim in the ocean

1296
01:07:42.440 --> 01:07:46.000
when you haven't swum in a kiddie pool yet, you know?

1297
01:07:46.000 --> 01:07:49.320
Just make sure that you're okay, all right?

1298
01:07:49.360 --> 01:07:50.920
All right, so let's assume

1299
01:07:50.920 --> 01:07:53.960
that you understand what your international class is.

1300
01:07:53.960 --> 01:07:57.680
And you know what I'll do tonight is I will provide,

1301
01:07:57.680 --> 01:08:00.400
yeah, I'm going to give you this too, why not?

1302
01:08:00.400 --> 01:08:01.880
I'm going to provide you a link

1303
01:08:01.880 --> 01:08:03.640
that's going to show you exactly where to go

1304
01:08:03.640 --> 01:08:06.720
to figure out what your international classification is.

1305
01:08:06.720 --> 01:08:07.560
All right?

1306
01:08:07.560 --> 01:08:09.120
You're literally going to be able to type in words

1307
01:08:09.120 --> 01:08:12.720
and boom, your international class will just pop up, okay?

1308
01:08:12.720 --> 01:08:14.840
That should make your life a lot easier.

1309
01:08:14.840 --> 01:08:16.279
So I'll do that as well.

1310
01:08:17.160 --> 01:08:20.399
Larissa, can you just send me that in a DM?

1311
01:08:20.399 --> 01:08:22.640
So I'll provide that to them as well.

1312
01:08:22.640 --> 01:08:24.880
Okay, I'll put that in the Facebook group tonight.

1313
01:08:24.880 --> 01:08:28.120
Okay, so let's assume you know your international class

1314
01:08:28.120 --> 01:08:30.359
and you know your recitation of goods and services.

1315
01:08:30.359 --> 01:08:33.479
I would select, you can either do this top one,

1316
01:08:33.479 --> 01:08:34.560
which is a T's plus,

1317
01:08:34.560 --> 01:08:36.479
that means you're typing in the word

1318
01:08:36.479 --> 01:08:37.760
and then the class will pop up

1319
01:08:37.760 --> 01:08:41.720
and you click each dot associated with your goods or service

1320
01:08:41.720 --> 01:08:45.479
or you can select this T's standard.

1321
01:08:45.479 --> 01:08:49.319
T's standard is basically where you don't want to go

1322
01:08:49.319 --> 01:08:52.240
by their way of saying what you do.

1323
01:08:53.279 --> 01:08:55.520
Okay, so as an example,

1324
01:08:55.520 --> 01:08:57.760
when you follow T's plus application,

1325
01:08:57.760 --> 01:09:00.080
it's going to say shoes,

1326
01:09:00.080 --> 01:09:02.319
or instead of just saying shoes,

1327
01:09:02.319 --> 01:09:07.080
it might say shoe wear for sporting events

1328
01:09:07.080 --> 01:09:09.439
or for certain activities.

1329
01:09:09.439 --> 01:09:11.840
Like it'll be very specific.

1330
01:09:11.840 --> 01:09:13.160
If you don't want to go that route,

1331
01:09:13.160 --> 01:09:16.359
you can select T's standard to use your own words

1332
01:09:16.359 --> 01:09:19.359
instead of using the USPTO's words, okay?

1333
01:09:19.359 --> 01:09:21.600
So instead of selecting dots

1334
01:09:21.600 --> 01:09:23.920
and saying I want one of these, one of these, one of these,

1335
01:09:23.920 --> 01:09:25.880
you can type in anything that you want.

1336
01:09:25.880 --> 01:09:27.120
That's the difference.

1337
01:09:27.120 --> 01:09:29.479
But they charge you $100 more to do that.

1338
01:09:30.840 --> 01:09:32.840
So if you're going to just go by a checklist,

1339
01:09:32.840 --> 01:09:34.240
which I'm going to show you an example of,

1340
01:09:34.240 --> 01:09:37.040
then you just select T's plus, that's it.

1341
01:09:37.040 --> 01:09:40.000
Okay, and right here,

1342
01:09:40.000 --> 01:09:42.319
this is kind of a funny category for me

1343
01:09:42.319 --> 01:09:43.920
because I am a lawyer,

1344
01:09:43.920 --> 01:09:46.319
but if I select that a lawyer's applying,

1345
01:09:46.319 --> 01:09:49.200
then it makes the whole thing backfire

1346
01:09:49.200 --> 01:09:50.439
because I am a lawyer.

1347
01:09:50.439 --> 01:09:53.439
So I actually have to say that a lawyer is not following it.

1348
01:09:54.520 --> 01:09:55.360
It's kind of weird.

1349
01:09:55.360 --> 01:09:56.880
It's a glitch if you're actually a lawyer

1350
01:09:56.880 --> 01:09:58.120
and you do your own work.

1351
01:09:58.960 --> 01:10:00.240
But in any case, for you.

1352
01:10:00.000 --> 01:10:04.560
you also let know because you're not attorneys and then you just click continue.

1353
01:10:05.920 --> 01:10:08.960
All right, now you're up to the first screen. This is the main screen.

1354
01:10:08.960 --> 01:10:16.080
Okay, so now you type in who's the owner of the mark. All right, so you're it's either it's either

1355
01:10:16.080 --> 01:10:22.640
going to be an entity, which I would suggest. Right, so I would put your intellectual property

1356
01:10:22.640 --> 01:10:29.280
in the name of your entity, especially if you're a an individual. If you in fact have

1357
01:10:30.560 --> 01:10:34.480
like an LLC or something like that and there's other individuals that will have control over

1358
01:10:34.480 --> 01:10:38.080
the company then you want to think about whether or not you want to assign all right title interest

1359
01:10:38.080 --> 01:10:42.960
to the company because if you do and you don't have the voting shares associated with

1360
01:10:43.520 --> 01:10:45.760
ownership of the IP you may lose your IP.

1361
01:10:48.560 --> 01:10:53.040
I'll say that slower. If you are part of a corporation

1362
01:10:54.800 --> 01:10:58.400
and you want to assign all right title and interest to your intellectual property such

1363
01:10:58.400 --> 01:11:05.040
as your trademark to that corporation so as to limit the potential for liability your own

1364
01:11:05.040 --> 01:11:12.720
personal liability but you do not have ownership rights or you have less than 51 of the voting

1365
01:11:12.720 --> 01:11:20.320
shares of the company that company can essentially take your IP because you assigned it to the

1366
01:11:20.320 --> 01:11:26.400
company. Just something to keep in mind. All right, so make sure you know what you're doing

1367
01:11:26.400 --> 01:11:31.360
before you assign everything to your own company. All right, so now in here let's say it was a

1368
01:11:31.360 --> 01:11:36.320
company so then what I would do is my company is A to E challenges.

1369
01:11:39.120 --> 01:11:44.880
Right, it's called average to elite challenges basically showing going from average bringing

1370
01:11:44.880 --> 01:11:53.120
it to an elite level. So A to E challenges right and it's an LLC so LLC. So now if you have a DBA

1371
01:11:53.120 --> 01:11:57.920
if you're doing business as something else you would know if you filed something with your state

1372
01:11:57.920 --> 01:12:02.960
and you have a DBA you would fill in your DBA here. If you don't know what a DBA is chances are you

1373
01:12:02.960 --> 01:12:11.200
don't have one. Okay, so then you want to select exactly what kind of entity type there is.

1374
01:12:11.840 --> 01:12:18.320
In my situation it's an LLC so I select LLC. When I select LLC it asks me what state was

1375
01:12:18.320 --> 01:12:24.800
incorporated in. Right, so then I go over and I select where it was incorporated. Delaware,

1376
01:12:24.800 --> 01:12:30.720
New Hampshire. In my case I put it in New Hampshire for specific reasons so it's now in New Hampshire.

1377
01:12:30.720 --> 01:12:36.960
Now what if you're in a foreign country? If you're in a foreign country it's different. You may not

1378
01:12:36.960 --> 01:12:42.080
have one of these things and you're gonna you know you may have a corporation but it may not

1379
01:12:42.080 --> 01:12:48.000
be in the United States. You may have to select on the bottom here non-U.S. corporation. You might

1380
01:12:48.000 --> 01:12:54.080
have to select let's say it's Canada. So yeah, whoop, there's Canada. Got it. See how simple that was?

1381
01:12:55.440 --> 01:13:04.400
That's it. Then you go down, you provide your mailing address, you know, cut,

1382
01:13:05.680 --> 01:13:12.560
paste, your mailing address, the state you put in your state. Mine is New Hampshire.

1383
01:13:13.040 --> 01:13:20.480
Come on, New Hampshire. There you are. Okay, and then your postal code 03046.

1384
01:13:22.320 --> 01:13:26.880
All right, your phone number you don't have to do. You don't have to worry about that. Fax number

1385
01:13:26.880 --> 01:13:34.000
you don't have to do. Email address you do have to do. I'm gonna use someone that I'm not using

1386
01:13:34.240 --> 01:13:37.440
I'm gonna use someone that I'm not using right now.

1387
01:13:40.880 --> 01:13:44.560
And then you can put down your website address if you want. Just keep in mind if you're putting

1388
01:13:44.560 --> 01:13:48.960
down your phone number, your fax number, your email address, these things people can look up.

1389
01:13:50.480 --> 01:13:56.000
All right, so for that reason you might want to put down your company's email address.

1390
01:13:56.000 --> 01:14:01.360
Just remember the USPTO is going to communicate with you based on what you list here.

1391
01:14:01.920 --> 01:14:05.680
So you got to be careful what you list here. If you don't list the right email address here,

1392
01:14:05.680 --> 01:14:10.560
you're not going to get the information that you're that like the office action or the allowance,

1393
01:14:10.560 --> 01:14:15.280
you're not going to get it. Okay, see they want a phone number. I'm not going to give it to them.

1394
01:14:15.280 --> 01:14:19.280
That's the error message they got. Telephone number has not been added. Although optional,

1395
01:14:19.280 --> 01:14:23.280
please enter it so we can harass you and the public will know how to reach you so that they can

1396
01:14:24.080 --> 01:14:28.320
ask you whether or not you want to renew your car warranty, you know, that kind of stuff. Yeah,

1397
01:14:29.280 --> 01:14:35.760
that you can add it if you want. I choose not to continue. All right, now we get to this screen.

1398
01:14:35.760 --> 01:14:41.600
This is really simple. Standard character. So if it's a wordmark, you just type in your wordmark,

1399
01:14:41.600 --> 01:14:51.120
right? Challenge. Whisper, whisper. That's it. That's all you do. Very simple. Very simple.

1400
01:14:51.760 --> 01:14:58.000
Now, what if it's not a wordmark? What if it's a logo? You click right here where it says special

1401
01:14:58.000 --> 01:15:00.800
form stylized design. Click on that.

1402
01:15:00.000 --> 01:15:04.180
Nah, it takes you this to this other screen instead.

1403
01:15:04.180 --> 01:15:05.840
Very different.

1404
01:15:05.840 --> 01:15:08.640
On this, you'll choose your file.

1405
01:15:08.640 --> 01:15:10.080
Basically, whatever your logo is,

1406
01:15:10.080 --> 01:15:12.840
it's a JPEG or it's a GIF file.

1407
01:15:12.840 --> 01:15:14.920
You'll click on this button here

1408
01:15:14.920 --> 01:15:18.800
and you'll find the file and you'll attach it.

1409
01:15:18.800 --> 01:15:19.680
That's all you do.

1410
01:15:20.560 --> 01:15:23.160
Okay, so you're attaching the image.

1411
01:15:23.160 --> 01:15:24.700
If there are any words in your logo,

1412
01:15:24.700 --> 01:15:27.240
you have to type out the words that are in the logo.

1413
01:15:27.240 --> 01:15:29.280
So, you know, the Nike Swoosh,

1414
01:15:29.280 --> 01:15:31.360
let's say that Nike was inside the Swoosh.

1415
01:15:31.360 --> 01:15:36.360
They would have to type in here, N-I-K-E, Nike, okay?

1416
01:15:38.020 --> 01:15:40.900
If there's color, that's important.

1417
01:15:40.900 --> 01:15:42.440
You would type in the colors

1418
01:15:42.440 --> 01:15:44.720
that are used associated with the trademark.

1419
01:15:44.720 --> 01:15:49.080
A little perk or an extra perk that I'm throwing in for you,

1420
01:15:49.080 --> 01:15:51.240
if you have colors that are associated with your trademarks,

1421
01:15:51.240 --> 01:15:53.080
it's nice to file your trademark application

1422
01:15:53.080 --> 01:15:53.920
in black and white

1423
01:15:53.920 --> 01:15:56.920
because then your registration will color any,

1424
01:15:56.920 --> 01:16:00.440
it will cover any color that anybody uses ever.

1425
01:16:00.440 --> 01:16:03.840
If you file it just for gold and purple,

1426
01:16:03.840 --> 01:16:06.880
then if somebody uses it in red and green,

1427
01:16:06.880 --> 01:16:10.040
you're gonna have to prove likelihood of confusion,

1428
01:16:10.040 --> 01:16:11.120
which you'll probably win on.

1429
01:16:11.120 --> 01:16:12.820
It'll just make your life a little more difficult.

1430
01:16:12.820 --> 01:16:14.720
If you filed it as black and white,

1431
01:16:14.720 --> 01:16:16.680
just a line drawing black and white,

1432
01:16:18.000 --> 01:16:19.560
it's very easy to win

1433
01:16:19.560 --> 01:16:22.440
because you own every color if you file black and white.

1434
01:16:22.440 --> 01:16:25.640
All right, that's just an extra golden nugget for you.

1435
01:16:27.560 --> 01:16:30.280
And then you have to describe it down here.

1436
01:16:30.280 --> 01:16:34.920
So you might say a curved line

1437
01:16:36.520 --> 01:16:41.520
where the beginning of the line is larger.

1438
01:16:45.600 --> 01:16:50.600
The beginning of the line, let's say, is pointed

1439
01:16:50.600 --> 01:16:55.600
and becomes larger immediately with a curve

1440
01:17:07.960 --> 01:17:12.960
and where the distal portion of the line is thinner

1441
01:17:12.960 --> 01:17:17.960
and progresses upward horizontally and vertically.

1442
01:17:33.040 --> 01:17:34.840
Something like that.

1443
01:17:34.840 --> 01:17:38.000
I mean, basically you gotta describe the image.

1444
01:17:38.000 --> 01:17:40.160
That's basically what you're doing, okay?

1445
01:17:40.160 --> 01:17:41.000
And that's it.

1446
01:17:41.000 --> 01:17:41.840
And then you just,

1447
01:17:41.960 --> 01:17:44.600
you're not gonna need an additional statement.

1448
01:17:44.600 --> 01:17:45.520
You don't have to worry about that.

1449
01:17:45.520 --> 01:17:46.920
And then you click continue.

1450
01:17:46.920 --> 01:17:47.840
We're not doing that.

1451
01:17:47.840 --> 01:17:50.040
So I'm just going back to standard characters

1452
01:17:50.040 --> 01:17:54.800
and I'm just typing in challenge whisperer.

1453
01:17:54.800 --> 01:17:56.940
Pow, continue.

1454
01:17:59.080 --> 01:18:03.560
All right, now we, this is the most important part.

1455
01:18:03.560 --> 01:18:05.440
Well, I'd say this is the most difficult part.

1456
01:18:05.440 --> 01:18:07.880
So I'm gonna take a moment with you.

1457
01:18:07.880 --> 01:18:09.560
You have to add your goods and services.

1458
01:18:09.560 --> 01:18:11.360
We've already talked about that there's ads,

1459
01:18:11.360 --> 01:18:13.200
there's goods and services for a trademark.

1460
01:18:13.200 --> 01:18:14.400
You click on that button.

1461
01:18:14.400 --> 01:18:15.300
That's all you do.

1462
01:18:16.720 --> 01:18:20.880
Now, since you filed a TEAS application,

1463
01:18:20.880 --> 01:18:23.320
remember how I told you you'd have to type in the word

1464
01:18:23.320 --> 01:18:25.960
that's related to your goods, right?

1465
01:18:25.960 --> 01:18:30.960
So over here, I would type in, let's say, sneakers, enter.

1466
01:18:31.060 --> 01:18:32.280
Look what pops up.

1467
01:18:32.280 --> 01:18:36.520
International class 25, sneakers, basketball sneakers,

1468
01:18:36.520 --> 01:18:38.440
wedge sneakers.

1469
01:18:38.440 --> 01:18:39.280
You see that?

1470
01:18:39.280 --> 01:18:40.700
So now all I have to do is just check.

1471
01:18:41.040 --> 01:18:41.880
Yep, I want sneakers.

1472
01:18:41.880 --> 01:18:43.100
Yep, I want basketball sneakers.

1473
01:18:43.100 --> 01:18:44.700
Yep, I want wedge sneakers.

1474
01:18:44.700 --> 01:18:46.180
Insert to check the entries.

1475
01:18:46.180 --> 01:18:47.260
Boom, done.

1476
01:18:48.140 --> 01:18:49.480
See how simple that was?

1477
01:18:52.400 --> 01:18:54.600
So whatever your goods and services are,

1478
01:18:54.600 --> 01:18:56.020
you just type it on that line.

1479
01:18:56.020 --> 01:18:58.760
And then you're gonna see a bunch of things come up.

1480
01:18:58.760 --> 01:19:02.060
You figure out which ones pertain to your goods and services.

1481
01:19:02.060 --> 01:19:03.460
You click on those,

1482
01:19:04.620 --> 01:19:07.800
and then they just populate on your screen immediately.

1483
01:19:07.800 --> 01:19:08.700
That's it.

1484
01:19:08.700 --> 01:19:10.500
Is anybody confused about that part?

1485
01:19:13.580 --> 01:19:14.940
I can't see the whole screen.

1486
01:19:14.940 --> 01:19:16.100
You have to let me know, Larissa,

1487
01:19:16.100 --> 01:19:18.060
if anybody's confused about that part.

1488
01:19:18.060 --> 01:19:19.700
Karen had a quick question

1489
01:19:19.700 --> 01:19:23.380
about when you started talking about the colors.

1490
01:19:23.380 --> 01:19:24.220
Yeah. Is there a place

1491
01:19:24.220 --> 01:19:26.760
you delineate that black and white form?

1492
01:19:30.220 --> 01:19:31.140
The entry of colors.

1493
01:19:31.140 --> 01:19:32.620
Can you unmute her?

1494
01:19:32.620 --> 01:19:34.640
Did you go to the special form?

1495
01:19:35.580 --> 01:19:36.780
Or what did you do?

1496
01:19:36.780 --> 01:19:38.860
You have standard characters and you typed it in,

1497
01:19:38.860 --> 01:19:41.320
but where did you start putting like the swish?

1498
01:19:41.320 --> 01:19:43.420
What did you click to do that?

1499
01:19:43.420 --> 01:19:46.140
Okay, so when I go, this is the form that we were at.

1500
01:19:46.140 --> 01:19:48.220
I clicked on special form.

1501
01:19:48.220 --> 01:19:49.060
Okay.

1502
01:19:49.060 --> 01:19:50.060
Yeah, because you see the words right next to us

1503
01:19:50.060 --> 01:19:51.740
is stylized or design.

1504
01:19:51.740 --> 01:19:52.780
Okay, got it.

1505
01:19:52.780 --> 01:19:53.620
That's what you want to click.

1506
01:19:53.620 --> 01:19:55.260
So you click on stylized or design.

1507
01:19:55.260 --> 01:19:56.900
Now it all pops up.

1508
01:19:56.900 --> 01:19:57.740
You choose the file.

1509
01:19:57.740 --> 01:19:59.620
So that would be if I have a special font,

1510
01:19:59.620 --> 01:20:00.460
if I have-

1511
01:20:00.000 --> 01:20:02.840
a special color, if I have those things.

1512
01:20:02.840 --> 01:20:03.920
The logos, right.

1513
01:20:03.920 --> 01:20:06.960
So anything that's a logo, like an image,

1514
01:20:06.960 --> 01:20:10.560
or if you're using a stylized way that the text shows up

1515
01:20:10.560 --> 01:20:13.600
with certain colors, those are all logos.

1516
01:20:13.600 --> 01:20:15.120
Okay, got it.

1517
01:20:15.120 --> 01:20:16.120
Okay.

1518
01:20:16.120 --> 01:20:19.120
All right, so let me go back to standard characters,

1519
01:20:19.120 --> 01:20:24.120
put in my challenge whisperer.

1520
01:20:25.320 --> 01:20:27.720
Peter, under goods and services,

1521
01:20:27.760 --> 01:20:31.280
then does everything go in the one application?

1522
01:20:31.280 --> 01:20:33.760
Like how you found shoes.

1523
01:20:33.760 --> 01:20:36.480
Like we were saying, what if you were in the future,

1524
01:20:36.480 --> 01:20:38.860
you're like, well, I might make jackets

1525
01:20:38.860 --> 01:20:39.700
or I might make t-shirts.

1526
01:20:39.700 --> 01:20:40.520
Great question, Jennifer.

1527
01:20:40.520 --> 01:20:42.420
And I also offer coaching.

1528
01:20:42.420 --> 01:20:43.260
Okay.

1529
01:20:43.260 --> 01:20:44.800
Come on, Jennifer.

1530
01:20:44.800 --> 01:20:46.920
Come on, Jennifer, that's so good.

1531
01:20:46.920 --> 01:20:49.040
Funny, you should ask that question.

1532
01:20:50.000 --> 01:20:52.440
We are literally gonna be talking about that right now.

1533
01:20:52.440 --> 01:20:54.160
So you see underneath here,

1534
01:20:54.160 --> 01:20:56.840
you see where it says section 1A, section 1B?

1535
01:20:56.840 --> 01:20:59.160
You guys don't have to worry about 44 D's and E's.

1536
01:20:59.160 --> 01:21:01.240
So section 1A and 1B.

1537
01:21:01.240 --> 01:21:05.300
1A is actual use, 1B is intent to use, right?

1538
01:21:06.560 --> 01:21:07.480
Okay.

1539
01:21:07.480 --> 01:21:09.200
So 1B is I'm not using it yet.

1540
01:21:09.200 --> 01:21:10.240
And you'll see right underneath it,

1541
01:21:10.240 --> 01:21:12.800
it says no use of mark yet, intending to use.

1542
01:21:12.800 --> 01:21:13.960
It says it right there.

1543
01:21:14.840 --> 01:21:15.680
Okay.

1544
01:21:15.680 --> 01:21:18.880
And over here it says actually using mark in commerce now.

1545
01:21:18.880 --> 01:21:19.760
All right.

1546
01:21:19.760 --> 01:21:21.840
So what you do is if I'm going to assign

1547
01:21:21.840 --> 01:21:22.800
the ones I'm using now,

1548
01:21:22.800 --> 01:21:24.240
let's say I'm not doing wedge sneakers.

1549
01:21:24.240 --> 01:21:25.480
I don't even know what a wedge sneaker is.

1550
01:21:25.480 --> 01:21:28.000
So let's say I don't, I'm not using wedge sneakers yet.

1551
01:21:28.000 --> 01:21:31.160
So I want to file for sneakers, basketball,

1552
01:21:31.160 --> 01:21:33.840
and sneakers, basketball, sneakers, and sneakers.

1553
01:21:33.840 --> 01:21:37.960
So I select section 1A for those two.

1554
01:21:37.960 --> 01:21:40.160
Now I have to attach a specimen,

1555
01:21:40.160 --> 01:21:44.280
which actually is an image of my use, right?

1556
01:21:44.280 --> 01:21:47.020
And so that trademark on sneakers

1557
01:21:47.020 --> 01:21:48.620
or that trademark on the packaging,

1558
01:21:48.620 --> 01:21:49.880
I take a picture of it.

1559
01:21:49.880 --> 01:21:52.400
I attach that as a specimen, right?

1560
01:21:52.400 --> 01:21:53.960
That's what a specimen is.

1561
01:21:53.960 --> 01:21:55.080
Okay.

1562
01:21:55.680 --> 01:22:00.680
So let's say it's Western Digital, Western Digital.

1563
01:22:03.520 --> 01:22:07.160
This is their, this is their drive, right?

1564
01:22:07.160 --> 01:22:10.460
You see on there, the WD, you see that?

1565
01:22:10.460 --> 01:22:12.620
So let's say they're filing for that logo.

1566
01:22:12.620 --> 01:22:14.000
That's already on these things,

1567
01:22:14.000 --> 01:22:16.480
but let's say they're going to start making laptops.

1568
01:22:16.480 --> 01:22:21.480
So then they would select actual use for the hard drives.

1569
01:22:22.480 --> 01:22:25.120
And then laptops, they're not using it.

1570
01:22:25.120 --> 01:22:27.280
So they wouldn't select that button yet.

1571
01:22:27.280 --> 01:22:29.320
So it'd only be a section 1A.

1572
01:22:29.320 --> 01:22:31.840
Let me go back again.

1573
01:22:31.840 --> 01:22:33.000
Oh, I can't go back yet.

1574
01:22:33.000 --> 01:22:34.200
Let me see, remove 1A.

1575
01:22:36.240 --> 01:22:37.760
Yes.

1576
01:22:37.760 --> 01:22:38.700
Okay.

1577
01:22:38.700 --> 01:22:40.400
So we're back on the screen again.

1578
01:22:40.400 --> 01:22:42.100
So nothing's been checked off yet.

1579
01:22:44.520 --> 01:22:46.600
I'm trying to show you things

1580
01:22:46.600 --> 01:22:48.400
that the system won't let me show you,

1581
01:22:48.400 --> 01:22:51.080
but so these two that I'm listing right here,

1582
01:22:51.640 --> 01:22:53.560
I'm selecting 1A because I'm actually doing it

1583
01:22:53.560 --> 01:22:55.400
with these two now, right?

1584
01:22:55.400 --> 01:22:57.280
So I select section 1A.

1585
01:22:57.280 --> 01:23:02.060
Now I take a picture of the product with the name on it

1586
01:23:02.060 --> 01:23:05.080
or the packaging with the product in the packaging.

1587
01:23:05.080 --> 01:23:06.340
I use that as a specimen.

1588
01:23:06.340 --> 01:23:08.720
I describe it, you know,

1589
01:23:08.720 --> 01:23:13.240
box for holding sneakers with trademark on it,

1590
01:23:13.240 --> 01:23:14.240
something like that.

1591
01:23:15.380 --> 01:23:16.600
And then I just come over here

1592
01:23:16.600 --> 01:23:19.560
and I put down my data first use anywhere.

1593
01:23:19.560 --> 01:23:22.200
The first time I started using that trademark

1594
01:23:22.200 --> 01:23:25.040
for those goods, I just type in the date.

1595
01:23:25.040 --> 01:23:30.040
Let's say it was January 12th, 2021.

1596
01:23:34.920 --> 01:23:36.200
I'll put that there.

1597
01:23:36.200 --> 01:23:40.400
And then the first date of use in commerce,

1598
01:23:40.400 --> 01:23:44.600
that's when my first sale or my first, you know, trade show.

1599
01:23:44.600 --> 01:23:46.680
Now I may have started using it internally

1600
01:23:46.680 --> 01:23:50.260
within the company before I started using it publicly.

1601
01:23:50.260 --> 01:23:53.800
So that's where it says data first use of mark anywhere

1602
01:23:53.800 --> 01:23:56.680
by applicant or the applicants related company.

1603
01:23:56.680 --> 01:23:58.080
Then I can put down the date

1604
01:23:58.080 --> 01:24:00.840
that we started using internally there.

1605
01:24:00.840 --> 01:24:01.960
That's where I would put this.

1606
01:24:01.960 --> 01:24:04.200
But then the date that I started selling the product,

1607
01:24:04.200 --> 01:24:05.320
that would be here.

1608
01:24:05.320 --> 01:24:06.920
So I may not have started selling a product

1609
01:24:06.920 --> 01:24:11.920
until like March, let's say March 25th, 2021.

1610
01:24:15.240 --> 01:24:16.280
Okay?

1611
01:24:16.840 --> 01:24:19.760
So now these here, I'm assigning as section 1A.

1612
01:24:19.760 --> 01:24:20.800
They're actually being used.

1613
01:24:20.800 --> 01:24:22.280
I haven't done wet sneakers yet.

1614
01:24:22.280 --> 01:24:24.200
You see, it's still not checked.

1615
01:24:24.200 --> 01:24:26.660
So I click assign filing basis.

1616
01:24:26.660 --> 01:24:27.500
Okay?

1617
01:24:28.500 --> 01:24:29.480
And it's giving me an error

1618
01:24:29.480 --> 01:24:31.480
because I haven't attached the specimen.

1619
01:24:31.480 --> 01:24:33.160
So you'll be able to attach the specimen

1620
01:24:33.160 --> 01:24:34.120
because I'm making this up.

1621
01:24:34.120 --> 01:24:35.480
So it's going to give me an error

1622
01:24:35.480 --> 01:24:38.000
because I don't have anything attached to it.

1623
01:24:38.000 --> 01:24:39.360
Actually, I could.

1624
01:24:39.360 --> 01:24:40.320
I could.

1625
01:24:40.320 --> 01:24:41.320
It'll help you out.

1626
01:24:41.320 --> 01:24:42.160
Let me do this.

1627
01:24:43.900 --> 01:24:44.840
Choose a file.

1628
01:24:46.560 --> 01:24:48.280
I don't want to give them my good stuff.

1629
01:24:48.280 --> 01:24:49.280
Pictures.

1630
01:24:50.480 --> 01:24:51.600
Hey, Jesus.

1631
01:24:51.600 --> 01:24:53.120
Let's put Jesus in there.

1632
01:24:53.120 --> 01:24:55.040
I'm going to attach Jesus in my application.

1633
01:24:55.040 --> 01:24:55.880
Attach.

1634
01:24:55.880 --> 01:24:56.700
Here we go.

1635
01:24:56.700 --> 01:24:58.480
That's not black and white.

1636
01:24:58.480 --> 01:24:59.320
Yeah, it doesn't matter.

1637
01:24:59.320 --> 01:25:00.140
They can't tell.

1638
01:25:00.000 --> 01:25:02.500
It's black and white and whatnot.

1639
01:25:02.500 --> 01:25:03.340
All right.

1640
01:25:03.340 --> 01:25:04.380
So now it's attached.

1641
01:25:04.380 --> 01:25:06.300
Wonderful.

1642
01:25:06.300 --> 01:25:07.260
Return to form.

1643
01:25:07.260 --> 01:25:08.740
So I've attached it.

1644
01:25:08.740 --> 01:25:10.900
Now I go back to the form.

1645
01:25:10.900 --> 01:25:11.740
Okay.

1646
01:25:11.740 --> 01:25:13.460
Jesus is supporting my application.

1647
01:25:13.460 --> 01:25:14.300
Awesome.

1648
01:25:14.300 --> 01:25:15.200
This is definitely going through.

1649
01:25:15.200 --> 01:25:16.040
All right.

1650
01:25:16.040 --> 01:25:19.380
So now I put a description, you know,

1651
01:25:19.380 --> 01:25:22.780
image with Jesus.

1652
01:25:22.780 --> 01:25:25.740
And then those are my dates of first use, right?

1653
01:25:25.740 --> 01:25:27.820
So then I go assign following basis.

1654
01:25:28.780 --> 01:25:29.620
There you go.

1655
01:25:29.620 --> 01:25:34.300
So already it's been, let me move this down

1656
01:25:34.300 --> 01:25:36.020
because I'm seeing all of you there.

1657
01:25:36.020 --> 01:25:39.260
You see on the right side here, this 1A and 1B here.

1658
01:25:40.300 --> 01:25:41.140
You see that?

1659
01:25:41.140 --> 01:25:44.860
It's telling you that the following basis has been accepted.

1660
01:25:44.860 --> 01:25:47.580
So that begs the question of what about this last one?

1661
01:25:47.580 --> 01:25:48.940
Wedge sneakers.

1662
01:25:48.940 --> 01:25:50.500
Well, you just click on that and say,

1663
01:25:50.500 --> 01:25:51.340
I haven't used that yet.

1664
01:25:51.340 --> 01:25:56.340
So I select section 1B for that one alone, right?

1665
01:25:56.780 --> 01:25:57.620
And that's it.

1666
01:25:57.620 --> 01:25:58.620
And then you're going to have to check this box.

1667
01:25:58.620 --> 01:26:00.300
And the reason why this box is telling you

1668
01:26:00.300 --> 01:26:01.860
that you're not going to get a registration

1669
01:26:01.860 --> 01:26:04.420
until you change it from intent to use to actual use.

1670
01:26:04.420 --> 01:26:05.660
That's what it's telling you.

1671
01:26:05.660 --> 01:26:08.380
So you just click that box to say, yep, I understand.

1672
01:26:08.380 --> 01:26:10.820
Then you click your assignment following basis.

1673
01:26:10.820 --> 01:26:12.460
Now somebody unmute themselves

1674
01:26:12.460 --> 01:26:15.100
and tell me why I didn't have to attach a specimen.

1675
01:26:16.620 --> 01:26:17.860
Because you're not using it.

1676
01:26:17.860 --> 01:26:19.340
Because you're not using it yet.

1677
01:26:19.340 --> 01:26:20.580
Exactly.

1678
01:26:20.580 --> 01:26:21.420
And that's it.

1679
01:26:21.420 --> 01:26:22.240
That's really it.

1680
01:26:22.240 --> 01:26:24.700
So now you see on the right hand side,

1681
01:26:24.700 --> 01:26:26.860
there's my actual use ones

1682
01:26:26.860 --> 01:26:28.320
for sneakers and basketball sneakers.

1683
01:26:29.020 --> 01:26:29.840
I'm not using it for wedge sneakers

1684
01:26:29.840 --> 01:26:32.080
as my intent to use there, right?

1685
01:26:32.080 --> 01:26:33.480
And then I click continue.

1686
01:26:34.440 --> 01:26:36.240
But Peter, didn't you say yesterday

1687
01:26:36.240 --> 01:26:38.720
that we shouldn't put them together

1688
01:26:38.720 --> 01:26:40.280
with intent to use and actual use?

1689
01:26:40.280 --> 01:26:42.240
I'm trying to give an example from everybody

1690
01:26:42.240 --> 01:26:47.240
and I'm not going to do two brand new spanking applications

1691
01:26:47.840 --> 01:26:49.600
one after the other.

1692
01:26:49.600 --> 01:26:51.360
So I'm showing them how to do it all at once

1693
01:26:51.360 --> 01:26:52.960
if they so choose to do it.

1694
01:26:52.960 --> 01:26:53.800
Okay.

1695
01:26:53.800 --> 01:26:54.640
So obviously-

1696
01:26:54.640 --> 01:26:55.640
Are you saying you can do it all at once?

1697
01:26:55.640 --> 01:26:58.040
Are you saying those should actually be separate?

1698
01:26:58.960 --> 01:27:00.000
You absolutely can.

1699
01:27:00.000 --> 01:27:02.280
But remember what I told you yesterday,

1700
01:27:02.280 --> 01:27:03.720
if you file them all as one,

1701
01:27:03.720 --> 01:27:06.240
you're not going to get one registration at one time.

1702
01:27:06.240 --> 01:27:08.160
You're going to get some that are allowed

1703
01:27:08.160 --> 01:27:09.360
and some that aren't.

1704
01:27:09.360 --> 01:27:10.900
And then you're going to have to file a petition

1705
01:27:10.900 --> 01:27:14.760
to separate your applications to get an allowance.

1706
01:27:14.760 --> 01:27:18.160
And then you're going to have two applications anyway.

1707
01:27:18.160 --> 01:27:21.080
So it's up to you, which way you want to do it.

1708
01:27:21.080 --> 01:27:22.880
So if we're just getting started,

1709
01:27:22.880 --> 01:27:25.440
everything at this point then would be a 1B

1710
01:27:25.440 --> 01:27:28.440
because name, name, unless like for right now,

1711
01:27:28.440 --> 01:27:31.280
like I'm actually using my company name, my trade name.

1712
01:27:31.280 --> 01:27:33.360
So that would be, I would file that as a 1A

1713
01:27:33.360 --> 01:27:34.920
because I've actually been using that.

1714
01:27:34.920 --> 01:27:35.880
I got an email.

1715
01:27:35.880 --> 01:27:37.480
I use that on stuff.

1716
01:27:37.480 --> 01:27:39.480
Everything else, I'm going to have an event.

1717
01:27:39.480 --> 01:27:41.120
I'm going to give away backpacks

1718
01:27:41.120 --> 01:27:45.360
and whatever else, all the things would file under 1B.

1719
01:27:45.360 --> 01:27:46.200
You got it.

1720
01:27:46.200 --> 01:27:47.020
Got it.

1721
01:27:47.020 --> 01:27:47.860
Come on.

1722
01:27:47.860 --> 01:27:48.700
You got it.

1723
01:27:48.700 --> 01:27:49.520
Oh my gosh.

1724
01:27:49.520 --> 01:27:50.360
Do you need an assistant, Peter?

1725
01:27:50.360 --> 01:27:51.200
I'm available.

1726
01:27:53.260 --> 01:27:54.100
That's really good.

1727
01:27:54.100 --> 01:27:54.920
No, you nailed it.

1728
01:27:55.440 --> 01:27:56.760
I'm glad that's on your part.

1729
01:27:56.760 --> 01:27:58.080
Yeah.

1730
01:27:58.080 --> 01:27:59.760
No, that's literally how you do it.

1731
01:27:59.760 --> 01:28:01.240
You literally just broke it down.

1732
01:28:01.240 --> 01:28:03.720
It's some of them you're actually going to be using already.

1733
01:28:03.720 --> 01:28:04.600
Some of you may not.

1734
01:28:04.600 --> 01:28:07.000
I just showed you how to do it on the same application.

1735
01:28:07.000 --> 01:28:08.960
I tend to do them on separate applications.

1736
01:28:08.960 --> 01:28:10.760
So I have something really clean

1737
01:28:10.760 --> 01:28:12.640
and I don't have to file some kind of

1738
01:28:12.640 --> 01:28:15.880
separating of application petition later

1739
01:28:15.880 --> 01:28:17.320
just to keep things simple.

1740
01:28:17.320 --> 01:28:20.320
So for that reason, I file them separate

1741
01:28:20.320 --> 01:28:21.820
but you don't have to do that.

1742
01:28:22.640 --> 01:28:25.740
So Peter, when we do a 1B

1743
01:28:25.740 --> 01:28:27.220
and we think we're going to do certain things

1744
01:28:27.220 --> 01:28:29.460
and we get around to like, I'm ready to go to a 1A

1745
01:28:29.460 --> 01:28:30.940
but I'm not going to do some of the things

1746
01:28:30.940 --> 01:28:32.780
I thought I was.

1747
01:28:32.780 --> 01:28:34.900
Can we remove some of those things?

1748
01:28:34.900 --> 01:28:36.300
Like I'm not going to do jackets or handkerchiefs.

1749
01:28:36.300 --> 01:28:37.680
That's a great question.

1750
01:28:37.680 --> 01:28:41.240
The answer is yes, but it's more work.

1751
01:28:43.060 --> 01:28:44.480
So yes, you can.

1752
01:28:46.220 --> 01:28:49.620
You would have to pull certain goods out.

1753
01:28:50.020 --> 01:28:52.740
It's more complex, costs more money,

1754
01:28:52.740 --> 01:28:55.820
but it is possible, yeah.

1755
01:28:55.820 --> 01:28:57.780
All right, so put some thought in again

1756
01:28:57.780 --> 01:29:00.980
to what you're going to do and then work towards that.

1757
01:29:00.980 --> 01:29:02.020
Yeah, that's why I'm saying

1758
01:29:02.020 --> 01:29:04.380
to file separate applications, honestly,

1759
01:29:04.380 --> 01:29:07.860
because if you know, like this year

1760
01:29:07.860 --> 01:29:10.100
I am definitely going to do X, Y, and Z.

1761
01:29:10.100 --> 01:29:12.220
Those are being sold zeroed out.

1762
01:29:12.220 --> 01:29:13.600
File one application for that

1763
01:29:13.600 --> 01:29:14.940
even though it's intent to use.

1764
01:29:14.940 --> 01:29:15.820
And then you're thinking, you know,

1765
01:29:15.820 --> 01:29:18.260
maybe sometime in the next three years

1766
01:29:18.260 --> 01:29:21.060
I'll add backpacks and I'll add sneakers.

1767
01:29:21.060 --> 01:29:22.660
File that separate, you know.

1768
01:29:22.660 --> 01:29:24.100
Now, could you file them all together?

1769
01:29:24.100 --> 01:29:25.740
Yeah, you could all, absolutely.

1770
01:29:25.740 --> 01:29:27.940
But you're adding an extra step

1771
01:29:27.940 --> 01:29:30.220
of where you're going to have to,

1772
01:29:30.220 --> 01:29:31.580
you're going to have to make a decision

1773
01:29:31.580 --> 01:29:34.180
as to do I file a petition to separate them?

1774
01:29:34.180 --> 01:29:36.780
Do I go after these for now or not?

1775
01:29:36.780 --> 01:29:38.740
And it makes it more complex

1776
01:29:39.700 --> 01:29:40.900
as opposed to just saying,

1777
01:29:40.900 --> 01:29:42.880
I'm going to let my first application get registered.

1778
01:29:42.880 --> 01:29:45.660
Now my name's getting acknowledged by the public

1779
01:29:45.660 --> 01:29:47.020
with a federal registration.

1780
01:29:47.020 --> 01:29:49.940
So people are going to stay away from my property

1781
01:29:49.940 --> 01:29:52.460
as opposed to using a TM, you're using a Circle R.

1782
01:29:52.460 --> 01:29:54.940
It's way more powerful in the industry.

1783
01:29:54.940 --> 01:29:56.780
All right, let me conclude this.

1784
01:29:56.780 --> 01:29:59.680
So, cause I'm sure some people need to jump off.

1785
01:30:00.000 --> 01:30:02.320
And then I can stay on for a few more minutes

1786
01:30:02.320 --> 01:30:04.840
for people who have additional questions.

1787
01:30:04.840 --> 01:30:07.080
A docket number is really just internally

1788
01:30:07.080 --> 01:30:10.120
if you have like multiple trademark applications

1789
01:30:10.120 --> 01:30:11.280
that you file.

1790
01:30:11.280 --> 01:30:14.560
And so you just want to identify them separately.

1791
01:30:14.560 --> 01:30:17.240
You might call this like, you know, 101

1792
01:30:17.240 --> 01:30:19.600
and then your next application might call 102

1793
01:30:19.600 --> 01:30:22.000
or you might call it 101.

1794
01:30:22.000 --> 01:30:24.240
And then the next one might be 201.

1795
01:30:24.240 --> 01:30:25.120
It's up to you.

1796
01:30:25.120 --> 01:30:26.640
It's an internal thing.

1797
01:30:26.640 --> 01:30:28.000
And then your email address,

1798
01:30:28.040 --> 01:30:31.240
that gives you the option to put a courtesy email,

1799
01:30:31.240 --> 01:30:32.360
a second one.

1800
01:30:32.360 --> 01:30:35.120
So I'll just list that, continue.

1801
01:30:36.040 --> 01:30:38.240
And now you get to your declaration page,

1802
01:30:38.240 --> 01:30:39.280
which means you're done.

1803
01:30:39.280 --> 01:30:41.440
This is essentially the end.

1804
01:30:41.440 --> 01:30:43.280
There's your cost.

1805
01:30:43.280 --> 01:30:46.840
You're signing directly your basis here.

1806
01:30:46.840 --> 01:30:49.280
You have to make sure that all of this is accurate

1807
01:30:49.280 --> 01:30:50.880
in your declaration.

1808
01:30:50.880 --> 01:30:54.160
If the applicant is filing the application based on use,

1809
01:30:54.160 --> 01:30:57.200
you say, yep, for the ones that are used

1810
01:30:57.200 --> 01:31:00.680
or if the application is filing based on intent to use,

1811
01:31:00.680 --> 01:31:02.920
you have to make sure all these statements are accurate.

1812
01:31:02.920 --> 01:31:04.840
You can read them on your own.

1813
01:31:04.840 --> 01:31:07.000
But basically what they're saying is you believe yourself

1814
01:31:07.000 --> 01:31:09.080
to be the first person to use it.

1815
01:31:09.080 --> 01:31:11.600
You haven't stolen it from somebody else

1816
01:31:11.600 --> 01:31:13.520
and you believe yourself to be the owner.

1817
01:31:13.520 --> 01:31:15.600
That's basically what it breaks down to.

1818
01:31:15.600 --> 01:31:18.440
Then you're clicking these three over here

1819
01:31:18.440 --> 01:31:20.840
because you have to click all of these to go forward.

1820
01:31:20.840 --> 01:31:23.560
And you can read all of these on your own.

1821
01:31:23.560 --> 01:31:25.960
It's basically saying that you're aware that if you lie,

1822
01:31:25.960 --> 01:31:27.600
it's a federal offense.

1823
01:31:28.640 --> 01:31:31.240
So let's say, you know, I really like Patricia,

1824
01:31:31.240 --> 01:31:33.880
but man, that trademark she just came up with,

1825
01:31:33.880 --> 01:31:35.320
I saw her use it on the services.

1826
01:31:35.320 --> 01:31:37.640
I'm gonna file a trademark application right now.

1827
01:31:37.640 --> 01:31:38.840
I'm gonna beat her to the punch.

1828
01:31:38.840 --> 01:31:40.080
Here I go.

1829
01:31:40.080 --> 01:31:41.880
I can't click these buttons

1830
01:31:41.880 --> 01:31:43.160
because that would be a federal offense.

1831
01:31:43.160 --> 01:31:45.680
That's actually her trademark that I stole.

1832
01:31:45.680 --> 01:31:47.320
Then you sign this.

1833
01:31:47.320 --> 01:31:50.600
When you sign, you use a slash, then your name.

1834
01:31:51.080 --> 01:31:53.600
That's how signatures are done electronically.

1835
01:31:53.600 --> 01:31:54.920
It tells you right under here.

1836
01:31:54.920 --> 01:31:58.640
Example, signatures include slash John Doe.

1837
01:31:58.640 --> 01:32:00.240
John, they misspelled your name.

1838
01:32:00.240 --> 01:32:01.080
That's weird.

1839
01:32:02.240 --> 01:32:05.760
So now you actually have all that.

1840
01:32:05.760 --> 01:32:07.800
You click the button there

1841
01:32:07.800 --> 01:32:10.760
and there's your 222.22 is today's date.

1842
01:32:10.760 --> 01:32:13.520
Then you type in your normal name here,

1843
01:32:13.520 --> 01:32:16.760
your position, like owner of the company.

1844
01:32:17.720 --> 01:32:18.560
There's a date.

1845
01:32:18.600 --> 01:32:20.360
Owner of the company.

1846
01:32:20.360 --> 01:32:21.280
There's the phone number.

1847
01:32:21.280 --> 01:32:23.720
And then you click validate.

1848
01:32:23.720 --> 01:32:26.920
Once you click validate, it brings you to this screen

1849
01:32:28.040 --> 01:32:30.960
and this is where you submit, all right?

1850
01:32:30.960 --> 01:32:32.400
So now you can review everything.

1851
01:32:32.400 --> 01:32:34.520
If you click on the input button,

1852
01:32:34.520 --> 01:32:37.240
here's all the information you just entered.

1853
01:32:37.240 --> 01:32:40.080
You can look it over, make sure everything's right.

1854
01:32:40.080 --> 01:32:41.480
Is everything, is that the name?

1855
01:32:41.480 --> 01:32:42.320
Yep.

1856
01:32:42.320 --> 01:32:43.280
Is that my company?

1857
01:32:43.280 --> 01:32:44.120
Yep.

1858
01:32:44.120 --> 01:32:44.960
Is that the right address?

1859
01:32:44.960 --> 01:32:45.780
Yep.

1860
01:32:45.780 --> 01:32:46.620
That's the email address.

1861
01:32:46.620 --> 01:32:47.440
Yep.

1862
01:32:47.440 --> 01:32:48.280
Is that the registration of goods

1863
01:32:48.280 --> 01:32:49.640
and services that I want?

1864
01:32:49.640 --> 01:32:50.480
Correct.

1865
01:32:51.680 --> 01:32:53.120
Yeah, literally you can go through it,

1866
01:32:53.120 --> 01:32:55.600
just make sure everything's right.

1867
01:32:55.600 --> 01:32:57.000
Once you've done all that,

1868
01:32:58.160 --> 01:32:59.680
you have to go through the whole thing.

1869
01:32:59.680 --> 01:33:01.800
Just make sure it's all correct.

1870
01:33:01.800 --> 01:33:04.360
Then, oh, and then the specimen that you entered,

1871
01:33:05.200 --> 01:33:08.760
you just click on specimen and you can see it

1872
01:33:08.760 --> 01:33:09.760
where you submitted.

1873
01:33:13.600 --> 01:33:15.200
And then go back.

1874
01:33:15.200 --> 01:33:17.120
And then you just submit it.

1875
01:33:17.800 --> 01:33:19.360
The XM file is just showing you the same thing

1876
01:33:19.360 --> 01:33:22.080
and more like a HTML format.

1877
01:33:22.080 --> 01:33:23.720
It's not really doing much of anything for you.

1878
01:33:23.720 --> 01:33:25.960
And then text form is basically the same thing,

1879
01:33:25.960 --> 01:33:27.700
but in text format.

1880
01:33:28.540 --> 01:33:30.600
So if you want to print out proof of what you're doing,

1881
01:33:30.600 --> 01:33:32.880
you can click those buttons and print them.

1882
01:33:32.880 --> 01:33:36.080
And then you just click on, yep, I've read everything.

1883
01:33:36.080 --> 01:33:36.920
Paste, submit.

1884
01:33:36.920 --> 01:33:38.480
That's it.

1885
01:33:38.480 --> 01:33:40.440
That's literally everything.

1886
01:33:40.440 --> 01:33:42.920
Okay, questions.

1887
01:33:42.920 --> 01:33:44.160
Let's start out with Lynn.

1888
01:33:44.160 --> 01:33:45.000
Go right ahead.

1889
01:33:47.560 --> 01:33:51.960
Okay, so if the phrases I have been using

1890
01:33:51.960 --> 01:33:54.080
since I started my business

1891
01:33:54.080 --> 01:33:57.240
have not been trademarked by anyone yet,

1892
01:34:01.040 --> 01:34:03.360
can I trademark them?

1893
01:34:03.360 --> 01:34:04.600
That's my- Oh, absolutely.

1894
01:34:04.600 --> 01:34:07.080
Okay, but didn't you just say a moment ago

1895
01:34:07.080 --> 01:34:09.600
that if someone else was using them,

1896
01:34:09.600 --> 01:34:10.920
but they haven't-

1897
01:34:10.920 --> 01:34:12.680
I thought you just said nobody was using them.

1898
01:34:12.680 --> 01:34:14.880
No, they were using similar,

1899
01:34:14.880 --> 01:34:17.080
they were using some of the similar phrases,

1900
01:34:18.000 --> 01:34:21.520
but for example, like a two line, a two word thing,

1901
01:34:21.520 --> 01:34:24.000
but it's not trademarked.

1902
01:34:25.240 --> 01:34:28.820
So you're asking if somebody is using a specific phrase

1903
01:34:28.820 --> 01:34:30.720
that you're interested in,

1904
01:34:30.720 --> 01:34:34.200
but they haven't filed a federally registered trademark,

1905
01:34:34.200 --> 01:34:35.680
they haven't filed a trademark application,

1906
01:34:35.680 --> 01:34:39.800
you're asking, can you use it?

1907
01:34:39.800 --> 01:34:40.640
Yes.

1908
01:34:40.640 --> 01:34:42.200
So it breaks down to

1909
01:34:42.560 --> 01:34:47.560
what is specifically the recitation of goods and services

1910
01:34:48.680 --> 01:34:50.760
that they're going after or that they have

1911
01:34:50.760 --> 01:34:52.320
and that you have, okay?

1912
01:34:52.320 --> 01:34:56.520
So let's say that you're looking at Apple,

1913
01:34:56.520 --> 01:34:58.840
let's go back to Apple again, right?

1914
01:34:58.840 --> 01:34:59.680
So now

1915
01:35:00.000 --> 01:35:05.000
Obviously, Apple is owned by the company Apple, right?

1916
01:35:05.280 --> 01:35:09.420
Well, you want to use Apple for, let's say, detergent, okay?

1917
01:35:09.420 --> 01:35:13.180
So there's an example where somebody actually owns it,

1918
01:35:13.180 --> 01:35:15.260
uses it, but the way you're using it

1919
01:35:15.260 --> 01:35:16.340
is completely different,

1920
01:35:16.340 --> 01:35:18.260
not the same recitation of goods and services,

1921
01:35:18.260 --> 01:35:20.180
totally different international class.

1922
01:35:20.180 --> 01:35:22.780
So there shouldn't be a problem with something like that.

1923
01:35:22.780 --> 01:35:25.980
But if it is related, what was that?

1924
01:35:25.980 --> 01:35:28.300
But they, Apple's got that trademarked.

1925
01:35:28.300 --> 01:35:30.940
What I'm saying is that this is what, like, okay,

1926
01:35:30.940 --> 01:35:33.960
so when someone calls himself a career coach,

1927
01:35:35.060 --> 01:35:39.260
I'm using a description of what I'm calling myself,

1928
01:35:40.700 --> 01:35:44.760
this phrase, but that phrase has not been trademarked.

1929
01:35:47.500 --> 01:35:49.860
All right, so you're saying you're using something

1930
01:35:49.860 --> 01:35:51.200
that has not been trademarked.

1931
01:35:51.200 --> 01:35:52.040
I understand that,

1932
01:35:52.040 --> 01:35:54.160
but are you saying that somebody else is using it?

1933
01:35:54.160 --> 01:35:55.460
That's the important part.

1934
01:35:56.300 --> 01:36:01.000
They've used the phrase in general, but not-

1935
01:36:02.460 --> 01:36:06.700
So it always comes down to how have they used it.

1936
01:36:07.780 --> 01:36:10.580
So let's say the phrase is just do it, right?

1937
01:36:10.580 --> 01:36:14.820
And you're going to use just do it for coaching, okay?

1938
01:36:14.820 --> 01:36:16.740
So let's say you're doing coaching associated

1939
01:36:16.740 --> 01:36:19.200
with, like, weight loss or something like that,

1940
01:36:19.200 --> 01:36:20.300
or weight maintenance.

1941
01:36:20.300 --> 01:36:22.260
Let's just say it's weight maintenance, okay?

1942
01:36:22.260 --> 01:36:23.660
So now just do it.

1943
01:36:23.660 --> 01:36:25.940
Let's say you're just, you're going to try to use that.

1944
01:36:25.940 --> 01:36:28.860
Somebody else has been using just do it for,

1945
01:36:30.100 --> 01:36:33.660
let's say exercise programs, training programs,

1946
01:36:33.660 --> 01:36:35.700
and you want to use just do it associated

1947
01:36:35.700 --> 01:36:38.620
with weight loss programs or weight maintenance programs.

1948
01:36:38.620 --> 01:36:40.400
They're kind of related.

1949
01:36:40.400 --> 01:36:42.900
So because they used it before you,

1950
01:36:42.900 --> 01:36:45.380
they would have rights under common law,

1951
01:36:45.380 --> 01:36:48.020
and you'd be seeking to use something that's similar to them.

1952
01:36:48.020 --> 01:36:51.220
So therefore, chances are there might be a likelihood

1953
01:36:51.220 --> 01:36:53.980
of confusion, so I would not use it.

1954
01:36:53.980 --> 01:36:55.640
But if it's completely different,

1955
01:36:55.640 --> 01:36:59.700
like just do it is for sneakers, right?

1956
01:36:59.700 --> 01:37:04.140
But you want to do, let's say, a weight maintenance program.

1957
01:37:04.140 --> 01:37:07.180
Now, it's owned by Nike, so chances are,

1958
01:37:07.180 --> 01:37:10.140
since it's so well-known and so famous,

1959
01:37:10.140 --> 01:37:11.920
the chance that there's a higher chance

1960
01:37:11.920 --> 01:37:13.340
that there's a likelihood of confusion,

1961
01:37:13.340 --> 01:37:14.540
so you should stay away from it,

1962
01:37:14.540 --> 01:37:15.640
even though they're sneakers,

1963
01:37:15.640 --> 01:37:17.460
and you're like weight maintenance.

1964
01:37:17.460 --> 01:37:20.840
A court might say, well, first of all, it's a famous mark.

1965
01:37:21.360 --> 01:37:24.400
Second of all, sneakers are kind of used to make sure

1966
01:37:24.400 --> 01:37:27.240
that you're maintaining your weight at a certain level,

1967
01:37:27.240 --> 01:37:29.280
so they might be related.

1968
01:37:29.280 --> 01:37:30.740
It's very mushy.

1969
01:37:30.740 --> 01:37:33.000
When it comes to trademark law, it's very mushy.

1970
01:37:33.000 --> 01:37:35.040
It's likelihood of confusion.

1971
01:37:35.040 --> 01:37:36.560
So you got to look at those factors

1972
01:37:36.560 --> 01:37:40.120
that we have listed one by one and see if there's an issue,

1973
01:37:40.120 --> 01:37:43.080
and I would speak to an attorney just to make sure.

1974
01:37:43.080 --> 01:37:44.760
But the fact of the matter is,

1975
01:37:44.760 --> 01:37:47.720
if somebody else is using a slogan,

1976
01:37:47.720 --> 01:37:50.760
and you want to use that slogan, and they predate you,

1977
01:37:51.560 --> 01:37:53.880
you got to look at exactly how they're using it,

1978
01:37:53.880 --> 01:37:56.720
and then you want to look at how you want to use it,

1979
01:37:56.720 --> 01:37:58.280
and do that analysis of,

1980
01:37:58.280 --> 01:38:00.000
is there a likelihood of confusion or not?

1981
01:38:00.000 --> 01:38:01.680
That's where you need a lawyer.

1982
01:38:01.680 --> 01:38:03.240
That's why they get paid the big bucks,

1983
01:38:03.240 --> 01:38:05.520
so they can do the analysis and say,

1984
01:38:05.520 --> 01:38:08.260
Lynn, love your heart, know where you're going with this.

1985
01:38:08.260 --> 01:38:10.200
I think there's a likelihood of confusion

1986
01:38:10.200 --> 01:38:13.480
because of the following elements of those nine steps.

1987
01:38:13.480 --> 01:38:15.840
These seven here are an issue.

1988
01:38:15.840 --> 01:38:18.840
So they can tell you that, and they can say why.

1989
01:38:18.840 --> 01:38:19.680
Does that make sense?

1990
01:38:19.680 --> 01:38:21.120
Because you're in the common law

1991
01:38:21.120 --> 01:38:23.660
versus common law situation.

1992
01:38:23.660 --> 01:38:25.280
They don't have a federal registration,

1993
01:38:25.280 --> 01:38:27.080
you don't have a federal registration,

1994
01:38:27.080 --> 01:38:29.480
but the marks are very similar.

1995
01:38:29.480 --> 01:38:33.020
So if they're similar, you got to do that analysis,

1996
01:38:33.020 --> 01:38:37.720
which is, it's mushy.

1997
01:38:37.720 --> 01:38:39.440
There's certain things you can grab on and go,

1998
01:38:39.440 --> 01:38:44.440
there is no, McDonald's has a registration for like burgers.

1999
01:38:45.360 --> 01:38:46.960
I'm putting out a new drug,

2000
01:38:46.960 --> 01:38:51.960
and I want to call it McLife, something like that.

2001
01:38:52.600 --> 01:38:54.960
If they sue me, really pharmaceutical products,

2002
01:38:54.960 --> 01:38:56.800
like I've never seen them do anything

2003
01:38:56.800 --> 01:38:58.400
with pharmaceutical products.

2004
01:38:58.400 --> 01:39:01.560
They may try, but chances are, they're not going to win.

2005
01:39:01.560 --> 01:39:03.800
So you got to do this analysis,

2006
01:39:03.800 --> 01:39:06.320
and that's where the lawyers become very valuable.

2007
01:39:06.320 --> 01:39:07.700
Because if you do that analysis wrong,

2008
01:39:07.700 --> 01:39:10.280
you can get in trouble, okay?

2009
01:39:10.280 --> 01:39:11.120
Thank you.

2010
01:39:11.120 --> 01:39:13.120
You're so welcome, Lynn, you're so welcome.

2011
01:39:13.120 --> 01:39:15.380
Patricia, how are you, my friend?

2012
01:39:17.560 --> 01:39:19.960
Hey, and by the way, I know we're going over,

2013
01:39:19.960 --> 01:39:22.080
I'm just giving you some extra time.

2014
01:39:22.080 --> 01:39:23.260
I'm just being available for you.

2015
01:39:23.260 --> 01:39:26.120
I'm going to stop at three, but if anybody has to go,

2016
01:39:26.120 --> 01:39:31.120
obviously you can go, but I nailed down

2017
01:39:31.560 --> 01:39:33.720
basically from 12 to three for all of you.

2018
01:39:33.720 --> 01:39:36.160
So I'm here for you.

2019
01:39:36.160 --> 01:39:37.720
So go ahead, Patricia, go right ahead.

2020
01:39:37.720 --> 01:39:39.440
Thank you.

2021
01:39:39.440 --> 01:39:43.360
Okay, I'm fabulous, in the chat,

2022
01:39:43.360 --> 01:39:45.720
I actually got notification just a while ago

2023
01:39:45.760 --> 01:39:49.080
that I got first place in that writing contest.

2024
01:39:49.080 --> 01:39:50.120
Nice, very nice.

2025
01:39:50.120 --> 01:39:54.440
Yeah, so I was crying in the chat.

2026
01:39:54.440 --> 01:39:56.600
Yeah, so really well, thank you.

2027
01:39:56.600 --> 01:40:00.160
And now I've got to, I'm going to send you the short.

2028
01:40:00.000 --> 01:40:03.080
story that I did, I'm going to email it to you, because I want

2029
01:40:03.080 --> 01:40:07.320
to know how I protect all of that. You know, her name, right?

2030
01:40:07.340 --> 01:40:10.240
Yeah, that's something we have to go through here in the VIP,

2031
01:40:10.240 --> 01:40:13.760
like kind of break it down. But so are you talking so you have

2032
01:40:13.760 --> 01:40:17.720
a story? Yes. And are there images in there? Is there a

2033
01:40:17.720 --> 01:40:22.200
title? Yes, it all has to do with Kingdom Warriors. It was

2034
01:40:22.200 --> 01:40:27.520
the Kingdom Warriors and FTS. Oh, yeah. What Eric? Yes. I won

2035
01:40:27.520 --> 01:40:31.720
first place in the writing contest. No way. Yes. Did you

2036
01:40:31.720 --> 01:40:36.160
get a free NFT? I don't know what I'm gonna get yet. Ask him

2037
01:40:36.160 --> 01:40:38.880
if he's giving you a free NFT or if he's giving you a kingdom

2038
01:40:38.880 --> 01:40:42.280
key. Okay, yeah, he still has to he still owes me an airdrop.

2039
01:40:42.280 --> 01:40:46.200
So okay, cool. Ask him if he's going to give you an NFT. Say I

2040
01:40:46.200 --> 01:40:49.320
won the prize. I want a free NFT like do that. Oh, by the way,

2041
01:40:49.320 --> 01:40:51.800
tomorrow, we're going to start giving away the prizes tomorrow

2042
01:40:51.800 --> 01:40:54.200
in the next in the next three days. Oh, we're gonna be giving

2043
01:40:54.200 --> 01:40:57.080
away the prizes. We're starting. Now we can go to the question

2044
01:40:57.080 --> 01:40:59.760
that I actually asked earlier before I got that notification.

2045
01:40:59.800 --> 01:41:04.280
Yeah, go ahead. Okay. And it was okay, when you said file in the

2046
01:41:04.280 --> 01:41:08.920
name of your entity. Now I have a 508 ministry as you know, you

2047
01:41:08.920 --> 01:41:14.600
know, yes, with Todd and Tamra. Yes. Yeah. And so do I file

2048
01:41:14.600 --> 01:41:17.240
under the name of my ministry under Patricia Dilley?

2049
01:41:18.640 --> 01:41:22.120
That's a phenomenal question. And I hate to say it, but it

2050
01:41:22.120 --> 01:41:25.640
depends. I mean, you need to figure out what are the benefits

2051
01:41:25.640 --> 01:41:30.160
of having it owned by the ministry itself, right? Or

2052
01:41:30.320 --> 01:41:34.280
having it in your own name, if I had a trademark, which I do

2053
01:41:34.280 --> 01:41:37.800
challenge whispers, I own, but I'm also going to sign all

2054
01:41:37.800 --> 01:41:41.800
right, I don't interest to a to e challenges. The reason why is

2055
01:41:41.800 --> 01:41:44.680
if there's ever a lawsuit associated with that name, they

2056
01:41:44.680 --> 01:41:47.360
can't come after me and my assets, they're going after the

2057
01:41:47.360 --> 01:41:50.520
company. And that's it. And whatever assets are associated

2058
01:41:50.520 --> 01:41:53.800
with the company, not not me personally, right? That's why I

2059
01:41:53.800 --> 01:41:57.880
have an LLC. Now separate from that, I'm also a sole proprietor.

2060
01:41:58.400 --> 01:42:01.920
Right now, I'm going to be hiring very shortly employees.

2061
01:42:02.320 --> 01:42:05.120
But as of right now, it's just me. So I don't have to worry

2062
01:42:05.120 --> 01:42:07.080
about when I sign all right title, I'm interested in

2063
01:42:07.080 --> 01:42:10.320
trademark to the company, somebody in the company selling

2064
01:42:10.320 --> 01:42:13.360
the trademark, or licensing the trademark to somebody, I don't

2065
01:42:13.360 --> 01:42:16.440
want them to license it to because I own it, I own the

2066
01:42:16.440 --> 01:42:21.000
company and I own the trademark. So by my assigning it over to

2067
01:42:21.000 --> 01:42:24.320
the corporation, I don't have any problems. When you actually

2068
01:42:24.320 --> 01:42:27.120
have to start worrying about this is when you have more than

2069
01:42:27.120 --> 01:42:31.840
one person who owns the company. So if you have a partnership, or

2070
01:42:31.840 --> 01:42:36.000
if you have an institution where there's a board, and the board

2071
01:42:36.000 --> 01:42:38.920
makes the decision with regard to the intellectual property,

2072
01:42:38.920 --> 01:42:41.880
like who's it going to get licensed to who, who renews the

2073
01:42:41.880 --> 01:42:46.600
trademarks, who actually can sell the trademarks. So it

2074
01:42:46.600 --> 01:42:51.560
depends upon your your entity, who actually has the rights to

2075
01:42:51.560 --> 01:42:55.480
the intellectual property, meaning who can sell it, who can

2076
01:42:55.480 --> 01:42:59.080
license it, who can, you know, renew it, all those things you

2077
01:42:59.080 --> 01:43:01.880
have to determine now before you assign all right title and

2078
01:43:01.880 --> 01:43:04.440
interest to the entity, because there's certain benefits to

2079
01:43:04.440 --> 01:43:08.560
assigning it to the entity, namely liability issues, right?

2080
01:43:09.120 --> 01:43:10.200
So it's the same

2081
01:43:10.360 --> 01:43:12.240
A&E your LLC?

2082
01:43:12.520 --> 01:43:13.840
A&E is my LLC.

2083
01:43:13.960 --> 01:43:17.520
I don't yet have an LLC. Tamara and I have talked about that.

2084
01:43:17.520 --> 01:43:19.440
But there's so much to know.

2085
01:43:19.600 --> 01:43:24.360
And I have a 508. You have a 508, right? So that's an entity.

2086
01:43:24.720 --> 01:43:27.280
So you can assign all right title and interest to whatever

2087
01:43:27.280 --> 01:43:31.400
kind of entity you have. Okay. So you you just have to figure

2088
01:43:31.400 --> 01:43:35.840
out in your entity. Are you the sole owner? Or are there

2089
01:43:35.840 --> 01:43:37.960
multiple people that are in it with you?

2090
01:43:38.240 --> 01:43:41.600
No, I'm the sole owner. I just have a board, you know,

2091
01:43:42.040 --> 01:43:45.880
so I would call Tamara and, and Todd and ask them because they

2092
01:43:45.880 --> 01:43:48.400
know more about the 508 that they set up, or they taught you

2093
01:43:48.400 --> 01:43:51.800
how to set up. They're amazing. Like they're so knowledgeable.

2094
01:43:53.240 --> 01:43:54.520
I'm their ambassador.

2095
01:43:55.000 --> 01:43:58.400
Oh, I don't blame you. Like, they asked me to be on for them

2096
01:43:58.400 --> 01:44:01.080
once and I was like, I was in awe of what they did with their

2097
01:44:01.080 --> 01:44:02.400
crew. Just amazing.

2098
01:44:02.680 --> 01:44:06.480
So to help people found their ministries. I love it.

2099
01:44:06.840 --> 01:44:09.720
Yeah. So what I would do is I would touch base with them and

2100
01:44:09.720 --> 01:44:13.400
ask them, can I in the entity that I created, can I sign all

2101
01:44:13.400 --> 01:44:16.800
right title and interest to the entity that I created, namely the

2102
01:44:16.800 --> 01:44:21.200
508? Okay. Um, so that's what I would do. Larissa is raising

2103
01:44:21.200 --> 01:44:21.960
your hand. Yes.

2104
01:44:22.640 --> 01:44:27.280
Right along those lines earlier, there's a question about what if

2105
01:44:27.280 --> 01:44:32.200
you're a 5050 owner of a company with products? Karen, was that

2106
01:44:32.200 --> 01:44:35.040
you bringing that up earlier? I feel like it was along the same

2107
01:44:35.040 --> 01:44:35.480
line.

2108
01:44:35.960 --> 01:44:37.240
Yeah, it's my hope.

2109
01:44:37.280 --> 01:44:38.560
It is. Thank you, Larissa.

2110
01:44:38.840 --> 01:44:42.600
Yeah, yeah, it is along the same line. So what that means is if

2111
01:44:42.600 --> 01:44:45.720
you're 5050, you both have equal shares, so you can make a full

2112
01:44:45.720 --> 01:44:48.720
decision on behalf of the company. So you better trust the

2113
01:44:48.720 --> 01:44:53.480
person that's your partner. Why do I mention this? I've had

2114
01:44:53.480 --> 01:44:57.840
situations where individuals have come to me and said, I want

2115
01:44:57.840 --> 01:45:00.000
to, I want to file

2116
01:45:00.000 --> 01:45:03.080
for this IP, right, this patent, okay.

2117
01:45:03.080 --> 01:45:05.520
And then they, I say, okay, are we gonna sign

2118
01:45:05.520 --> 01:45:07.000
our right title and interest over to the company?

2119
01:45:07.000 --> 01:45:08.640
And they say, oh no, we're all friends.

2120
01:45:08.640 --> 01:45:11.560
Like we're all buddies, there's no issues.

2121
01:45:11.560 --> 01:45:14.920
I said, okay guys, I've been doing this a long time,

2122
01:45:14.920 --> 01:45:15.780
a long time.

2123
01:45:16.680 --> 01:45:18.720
I make money based on you guys fighting.

2124
01:45:18.720 --> 01:45:21.840
So let's be clear, I don't want you fighting.

2125
01:45:21.840 --> 01:45:24.080
Like I have no desire for you to fight.

2126
01:45:24.080 --> 01:45:29.000
So are you saying that you're okay if Tim over here

2127
01:45:29.000 --> 01:45:33.320
or Mary, Mary over here owns the patent

2128
01:45:33.320 --> 01:45:36.680
and she decides one day to leave you guys?

2129
01:45:36.680 --> 01:45:37.760
Oh, that'll never happen.

2130
01:45:37.760 --> 01:45:42.080
I said, guys, it will, okay, trust me.

2131
01:45:42.080 --> 01:45:44.560
Like I'm in court all the time about this issue.

2132
01:45:44.560 --> 01:45:46.960
So what you need to do, you need to make a decision

2133
01:45:46.960 --> 01:45:49.600
as to whether or not you are okay

2134
01:45:49.600 --> 01:45:51.800
with a single individual having all right

2135
01:45:51.800 --> 01:45:53.320
to tell her interest to the IP

2136
01:45:53.320 --> 01:45:55.080
that you want the company to be able to use.

2137
01:45:55.080 --> 01:45:58.360
Because if that individual leaves and goes to a competitor

2138
01:45:58.360 --> 01:46:00.880
and gets a million dollar bonus to join that competition,

2139
01:46:00.880 --> 01:46:03.160
now your company can't use that IP.

2140
01:46:03.160 --> 01:46:05.360
It's gone, it's not theirs.

2141
01:46:05.360 --> 01:46:06.320
Are you okay with that?

2142
01:46:06.320 --> 01:46:07.680
And they said, oh yeah, we're fine with that.

2143
01:46:07.680 --> 01:46:08.680
I'm not worried about that.

2144
01:46:08.680 --> 01:46:10.840
You know, Mary's never gonna leave.

2145
01:46:10.840 --> 01:46:13.120
Okay, no problem.

2146
01:46:13.120 --> 01:46:15.400
Three years later, phone call.

2147
01:46:15.400 --> 01:46:16.680
Yeah, what's going on, John?

2148
01:46:16.680 --> 01:46:19.680
Yeah, well, Mary left.

2149
01:46:21.040 --> 01:46:23.540
We don't think we own the patents

2150
01:46:23.540 --> 01:46:24.680
because she owns the patents.

2151
01:46:24.680 --> 01:46:26.860
What can we do to stop her?

2152
01:46:26.860 --> 01:46:27.700
Nothing.

2153
01:46:28.520 --> 01:46:29.440
That's what you can do.

2154
01:46:29.440 --> 01:46:31.800
Nothing, because she owns all right to own interest.

2155
01:46:31.800 --> 01:46:34.280
So if you're 50-50, you know,

2156
01:46:34.280 --> 01:46:37.240
and just to be clear, partnerships work well all the time.

2157
01:46:37.240 --> 01:46:38.960
There's, you know, but just be clear

2158
01:46:38.960 --> 01:46:41.200
that you both have an equal right.

2159
01:46:41.200 --> 01:46:43.000
One of you can decide to sell it tomorrow

2160
01:46:43.000 --> 01:46:44.400
and the other one can stop them

2161
01:46:44.400 --> 01:46:45.720
because you own it 50-50.

2162
01:46:46.960 --> 01:46:49.840
That's why the 49-51 is what you typically see

2163
01:46:49.840 --> 01:46:53.280
in agreements because that person has a 51% share,

2164
01:46:53.280 --> 01:46:55.080
has the right to make the decision

2165
01:46:55.080 --> 01:46:57.640
with regard to who owns the IP, who can sell it,

2166
01:46:57.640 --> 01:47:00.400
who can do what, right, and the other person can't.

2167
01:47:00.400 --> 01:47:03.680
So Patricia, I'm going to move on to Susan.

2168
01:47:03.680 --> 01:47:05.720
Okay, God bless everyone.

2169
01:47:05.720 --> 01:47:07.200
Bless you, take care.

2170
01:47:07.200 --> 01:47:08.400
Susan, go right ahead

2171
01:47:08.400 --> 01:47:10.400
and you're gonna be our last one today.

2172
01:47:11.960 --> 01:47:13.080
Go right ahead, my friend.

2173
01:47:13.080 --> 01:47:14.360
Hopefully it's quick.

2174
01:47:14.360 --> 01:47:18.160
It's kind of along what you've been talking about, I think,

2175
01:47:18.160 --> 01:47:21.640
but on that application, there was the entity

2176
01:47:21.640 --> 01:47:23.760
and then there was the DBA.

2177
01:47:23.760 --> 01:47:24.680
Yes.

2178
01:47:24.680 --> 01:47:26.240
Would you put both of them?

2179
01:47:26.240 --> 01:47:27.960
If you had a DBA?

2180
01:47:27.960 --> 01:47:29.000
Yes.

2181
01:47:29.000 --> 01:47:29.840
Great question.

2182
01:47:29.840 --> 01:47:31.360
The answer is yes.

2183
01:47:31.360 --> 01:47:32.200
And then when-

2184
01:47:32.200 --> 01:47:36.840
You would list the entity and you would list the DBA.

2185
01:47:36.840 --> 01:47:37.760
You do both.

2186
01:47:38.680 --> 01:47:39.520
Okay.

2187
01:47:41.680 --> 01:47:42.520
I also-

2188
01:47:42.520 --> 01:47:44.880
I'm gonna go back in the document and show you.

2189
01:47:45.880 --> 01:47:47.080
See if I can do this.

2190
01:47:47.080 --> 01:47:48.400
Oh yeah, it's letting me.

2191
01:47:48.400 --> 01:47:49.240
That's awesome.

2192
01:47:50.080 --> 01:47:51.000
Share screen.

2193
01:47:53.640 --> 01:47:55.080
Yeah, let me go all the way back.

2194
01:47:55.080 --> 01:47:57.880
So you just do DBA and you type in,

2195
01:48:00.840 --> 01:48:03.680
awesome enterprises.

2196
01:48:03.680 --> 01:48:04.920
That's the DBA, right?

2197
01:48:04.920 --> 01:48:06.600
So there you go.

2198
01:48:06.600 --> 01:48:08.560
So you just type that in

2199
01:48:08.560 --> 01:48:13.280
and then you just click continue and you're fine.

2200
01:48:13.280 --> 01:48:14.880
Okay.

2201
01:48:14.880 --> 01:48:19.600
Because what happened is I have like three small companies

2202
01:48:19.600 --> 01:48:22.240
because they were doing different things.

2203
01:48:22.240 --> 01:48:26.600
And then I had my LLC that the lawyer said

2204
01:48:26.600 --> 01:48:29.840
the others could come under until they grew

2205
01:48:29.840 --> 01:48:31.360
and could go on their own.

2206
01:48:32.240 --> 01:48:37.240
So those three had DBAs, but then I have my LLC.

2207
01:48:38.120 --> 01:48:41.960
But if I wanna do something for...

2208
01:48:41.960 --> 01:48:45.680
So the LLC is I'm Not a Turkey Productions.

2209
01:48:45.680 --> 01:48:48.760
And then the company that I'm asking about

2210
01:48:48.760 --> 01:48:51.000
is called Inspired Actors

2211
01:48:51.000 --> 01:48:53.360
where I produce classes

2212
01:48:53.360 --> 01:48:56.400
and have a membership group and all that.

2213
01:48:56.400 --> 01:48:58.840
So if that's the one that I'm interested in,

2214
01:48:58.840 --> 01:49:01.880
would I put I'm Not a Turkey as the entity

2215
01:49:01.880 --> 01:49:06.880
and then Inspiring Actors as the DBA and then go forward?

2216
01:49:12.320 --> 01:49:14.120
You're asking a legal question.

2217
01:49:14.120 --> 01:49:15.640
This really falls in the legal advice.

2218
01:49:15.640 --> 01:49:19.440
So what I would say, let me do this.

2219
01:49:21.720 --> 01:49:24.400
I'll tell you generically what happens.

2220
01:49:24.400 --> 01:49:26.160
And then if you wanna pursue this further,

2221
01:49:26.160 --> 01:49:27.960
we can talk separate from this video

2222
01:49:27.960 --> 01:49:30.360
because I don't wanna put any legal advice on this.

2223
01:49:30.360 --> 01:49:34.520
And we really should have a relationship before you do that

2224
01:49:34.520 --> 01:49:36.400
because you don't wanna get in trouble.

2225
01:49:36.400 --> 01:49:37.240
So, all right.

2226
01:49:37.240 --> 01:49:41.200
So let's say I have a company A to E Challenges, right?

2227
01:49:41.200 --> 01:49:43.120
And underneath it, I have multiple...

2228
01:49:43.120 --> 01:49:45.280
You have to head out Larissa.

2229
01:49:45.280 --> 01:49:46.680
No, waving Karen's leaving.

2230
01:49:46.680 --> 01:49:47.520
Oh, okay.

2231
01:49:47.520 --> 01:49:48.400
Bye Karen.

2232
01:49:48.400 --> 01:49:49.240
Bye Karen.

2233
01:49:49.760 --> 01:49:51.400
Let's say that you have,

2234
01:49:54.280 --> 01:49:56.680
or I have A to E Challenges and underneath it,

2235
01:49:57.800 --> 01:50:00.200
I have Protection Portal, which is another.

2236
01:50:00.000 --> 01:50:08.560
the trademark application I have. And so my DBA, my DBA

2237
01:50:08.560 --> 01:50:13.280
technically could be that other that other company name, that

2238
01:50:13.320 --> 01:50:17.600
the situation I'm thinking of is more like you have a big company

2239
01:50:17.600 --> 01:50:21.120
and underneath your company, you have subsidiaries. Okay, that's

2240
01:50:21.120 --> 01:50:23.800
really what it breaks down to. It's like, here's, here's,

2241
01:50:24.120 --> 01:50:27.800
here's Microsoft underneath Microsoft, I have these three

2242
01:50:27.800 --> 01:50:31.560
subsidiaries, right? What would make sense is for you to

2243
01:50:31.560 --> 01:50:35.240
determine which subsidiary do you want to hold the IP? That's

2244
01:50:35.240 --> 01:50:38.320
really what you want to look at, you want to say, well, who do I

2245
01:50:38.320 --> 01:50:41.920
want the IP to be associated with? Okay. And in that

2246
01:50:41.920 --> 01:50:45.240
consideration, you want to look at things like taxes, you know,

2247
01:50:45.240 --> 01:50:48.280
like how much, like there's certain certain locations where

2248
01:50:48.280 --> 01:50:51.920
if you you have the IP in those countries, or in those states,

2249
01:50:51.920 --> 01:50:54.920
there's a lower tax bracket, right? There's certain things

2250
01:50:54.920 --> 01:50:58.600
you can do with your IP, because it's IP is an intangible

2251
01:50:58.600 --> 01:51:03.600
asset. And since it's since it's an intangible asset, it falls

2252
01:51:03.600 --> 01:51:07.360
underneath a corporate expense, right? It's like, like, when you

2253
01:51:07.360 --> 01:51:10.200
buy furniture or other things, it's actually it's not tangible,

2254
01:51:10.200 --> 01:51:13.640
but it's called intangible, but it's still an asset. So all the

2255
01:51:13.680 --> 01:51:17.480
expenses that you have fall under corporate expenses, like

2256
01:51:17.480 --> 01:51:20.400
you could literally, I know a number of people here that are

2257
01:51:20.400 --> 01:51:23.720
in this challenge that are writing this thing off, as like

2258
01:51:23.720 --> 01:51:27.560
educational purposes for their corporations, you know, and even

2259
01:51:27.560 --> 01:51:29.760
the thing that I'm going to be offering, like later, they're

2260
01:51:29.760 --> 01:51:32.800
doing the same thing, they're writing it off as a corporate

2261
01:51:32.800 --> 01:51:35.880
expense, because it's necessary for the company to continue,

2262
01:51:35.920 --> 01:51:40.040
you know, functioning. So what I would say is, this is your

2263
01:51:40.040 --> 01:51:42.440
entity, these are your three subsidiaries, figure out where

2264
01:51:42.440 --> 01:51:45.240
you want the IP to be held. That's what I would do. I

2265
01:51:45.240 --> 01:51:48.440
wouldn't say Microsoft and underneath Microsoft is company

2266
01:51:48.440 --> 01:51:51.080
A company B company C. So I'm going to follow it on the

2267
01:51:51.080 --> 01:51:55.000
company, Microsoft, but then use a DBA of company A, I

2268
01:51:55.000 --> 01:51:58.120
wouldn't do that. I would file it underneath the company name

2269
01:51:58.120 --> 01:52:03.120
itself. A DBA is really more of, you know, I made a challenges

2270
01:52:03.120 --> 01:52:07.240
but or like, I'm I'm average to elite challenges, but I go by 80

2271
01:52:07.240 --> 01:52:12.320
challenges. You know, that's more of a DBA. It's not like, I'm

2272
01:52:12.320 --> 01:52:16.800
average to elite challenges. And I go by, you know, protection

2273
01:52:16.800 --> 01:52:19.840
portal that those are those are that's not really a DBA. That's

2274
01:52:19.840 --> 01:52:22.640
that's, that's different. And when you file with your state,

2275
01:52:22.640 --> 01:52:25.640
you'll see you'll actually use a DBA. You like usually when you

2276
01:52:25.640 --> 01:52:28.360
file your application, it gives you an option for DBA, john,

2277
01:52:28.360 --> 01:52:28.720
go ahead.

2278
01:52:29.760 --> 01:52:33.840
Yeah, we had to do that. So like my, my business name is the

2279
01:52:33.840 --> 01:52:38.000
smart cookie company LLC. So if you search me out in the IRS

2280
01:52:38.000 --> 01:52:41.800
database, that's what it is. My DBA is yummy, delicious cookie

2281
01:52:41.800 --> 01:52:45.240
company. So that's the difference. I started off, I

2282
01:52:45.240 --> 01:52:49.000
filed my paperwork. And when it all came back and got rejected,

2283
01:52:49.040 --> 01:52:53.400
I was already filed in the IRS as the smart cookie company, LLC.

2284
01:52:53.680 --> 01:52:57.360
So that's how I operate. That's, that's my legal name and all my

2285
01:52:57.360 --> 01:52:59.560
documents. Yummy, delicious is the DBA.

2286
01:53:00.360 --> 01:53:03.040
Yeah, so Susan, what you want to do in that situation, it'd be

2287
01:53:03.040 --> 01:53:05.680
good for you to speak to a corporate lawyer to find out for

2288
01:53:05.680 --> 01:53:09.080
your corporate formation, you know, the original entity name,

2289
01:53:09.080 --> 01:53:13.560
and then what is your DBA? As far as the as far as the use

2290
01:53:13.560 --> 01:53:16.600
PTO goes, they don't care about any of that. They just say, tell

2291
01:53:16.600 --> 01:53:19.720
me what your name is your entity and what your DBA is.

2292
01:53:19.720 --> 01:53:22.640
That's it. They don't care. They're not going to investigate.

2293
01:53:22.640 --> 01:53:25.160
They're not going to look into stuff that the government they're

2294
01:53:25.160 --> 01:53:28.440
not going to spend a lot of time on much of anything. I'll leave

2295
01:53:28.440 --> 01:53:31.600
it at that. So So with that being the case, you know, they

2296
01:53:31.600 --> 01:53:34.400
just take your fee and then they go through the investigation

2297
01:53:34.400 --> 01:53:38.440
process. But what I would say is, speak to your corporate

2298
01:53:38.440 --> 01:53:40.360
attorney, make sure your corporate formation is done

2299
01:53:40.360 --> 01:53:42.880
properly. You know, if this is the name of the company, this is

2300
01:53:42.880 --> 01:53:46.520
my DBA, then when you go into use PTO, you're just copying

2301
01:53:46.520 --> 01:53:49.120
what you already have in your corporate documents. That's all

2302
01:53:49.120 --> 01:53:52.160
you're doing. Separate from that, I would just if you have

2303
01:53:52.160 --> 01:53:55.400
like a main entity and subsidiaries, figure out where

2304
01:53:55.400 --> 01:53:59.800
you want the assets to be held. I know people that will hold

2305
01:53:59.800 --> 01:54:02.680
assets in the United Kingdom because there's a specific tax

2306
01:54:02.680 --> 01:54:05.800
bracket there, you know, or they'll hold it in Florida

2307
01:54:05.800 --> 01:54:09.120
because of something or DC for a reason, like there's specific

2308
01:54:09.120 --> 01:54:12.400
strategic reasons to hold IP assets in specific regions,

2309
01:54:12.840 --> 01:54:15.360
learn them. That's where you should speak to an attorney to

2310
01:54:15.360 --> 01:54:19.960
figure those things out. Mary's gone crackers. What are you

2311
01:54:19.960 --> 01:54:23.520
telling me, Mary? What are you telling me, Coach Mary? What

2312
01:54:23.520 --> 01:54:29.320
are you telling me? Is it what is this about this issue? Oh,

2313
01:54:29.320 --> 01:54:31.960
okay. All right. All right. I thought you had an example or

2314
01:54:31.960 --> 01:54:34.360
something. I was like, you're getting me hungry here, Mary.

2315
01:54:34.800 --> 01:54:38.800
Um, alright, so that's, that's, I think the end of our share

2316
01:54:38.800 --> 01:54:42.360
today. I want to end there. Hopefully, this extra time that

2317
01:54:42.360 --> 01:54:47.440
I spent with you helps you all. I have to start doing my work

2318
01:54:47.440 --> 01:54:53.960
for the law firm now. So if you have any questions, obviously,

2319
01:54:53.960 --> 01:54:57.840
you can put them, you can email them to me. Feel free to go

2320
01:54:57.840 --> 01:54:59.600
live again with with

2321
01:55:00.000 --> 01:55:03.760
the points that you think are really good takeaways, you know,

2322
01:55:03.760 --> 01:55:04.920
and what you think about them.

2323
01:55:04.920 --> 01:55:07.480
And the reason why is because people are watching those and

2324
01:55:07.480 --> 01:55:11.080
they're learning a lot from what you're seeing, you know, your,

2325
01:55:11.080 --> 01:55:13.960
your own filters are actually helping people see things.

2326
01:55:14.680 --> 01:55:18.480
So, um, feel free to do that. Okay. And with that,

2327
01:55:18.600 --> 01:55:22.280
bless you all. It's been a pleasure and I will see you all tomorrow.

2328
01:55:22.800 --> 01:55:25.640
Thank you. You're so welcome. Take care.