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There we go, all right, so welcome to day two VIP, welcome idea protectors.

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So hopefully you got some questions from your own business or things that you can kind of

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think of how to apply.

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We went through a lot of content obviously yesterday and today.

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And so those are typically two of the heaviest days, trademark days.

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But that's why I give you the recordings because I want to make sure that you can digest it

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over a little bit of time.

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So we have covered a lot.

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Today what we're going to do is we're going to go into trademark applications, like what

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are the different parts so you actually see what's going on in the filing of an app.

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And what that does is it's going to make it so that you can be better prepared when you're

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giving your work to the attorney to actually do the work.

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Now I've had people file applications on their own.

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I don't suggest that you do that because if you never done it before and you make a mistake,

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it can be a costly mistake because you have to basically file again.

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You can't really fix things too much with the trademark office.

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So you just want to be careful.

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But obviously I can't control what you guys do, so you do whatever you want with the knowledge

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you're getting.

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With that being said, does anybody have a question before I jump in?

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If you do.

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I have one.

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Yeah.

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Go right ahead.

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And you may have already covered this.

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I came in about 20 minutes late.

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It was a bad traffic today, but I was wondering about, I was reading about how you don't want

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to dilute your trademark.

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Oh, good.

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Yes, yes.

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For example, if your trademark is two words, say like space lease sprockets, but in casual

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usage on your website or-

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Space lease sprockets, really?

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Yeah.

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You are dating us both right now, you really are.

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But say you use space lease in casual usage.

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Is that diluting it?

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You have to say space lease sprockets every single time, no matter what.

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Yeah.

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That's a wonderful question.

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Honestly, I applaud you for asking the question, because this shows that you understand the

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nuances of trademarks.

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So the way that dilution works is that you're losing the ... So for those who don't understand

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what dilution is, what it does is that it's an act that you can perform or another party

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can perform, which decreases the strength of your own trademark, resulting in the name

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either becoming commonly known by others, or you just lose the strength so you can't

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enforce it against others.

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So it happens a number of ways.

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So if you look at Kleenex brand tissues, there was Kleenex brand tissues, but then people

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just started talking about Kleenex, like, grab me a Kleenex, give me a Kleenex.

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And so the word Kleenex just started being used for tissues.

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Everything was called a Kleenex.

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Well, that's diluting the strength of the brand.

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So what you got to do is stay ahead of your trademarks.

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This is why what Carolina is alluding to is that you want to make sure you're using your

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trademarks as trademarks.

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And what do I mean by that?

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Don't use those words either, A, in a descriptive manner, or B, in a manner that is just kind

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of like listing it.

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I hate to use the terminology willy-nilly, but I can't think of something else right

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now.

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Can I just say milly-vanilly instead of willy-nilly?

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Because it just sounds better to me, right?

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So you don't want to just randomly use your trademark.

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You want to kind of respect the strength of your trademark.

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And by doing that, you should be using it on, like, tops of pages, identifying things

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on products, like it's on a label for products, or it's, like, if you have materials, it's

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in a specific location.

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You're not using it in a descriptive manner.

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You're not using it all over, all the text, over and over and over and over.

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You're just kind of giving it the respect it deserves, right?

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So my wife's name is Bonnie, right?

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I don't just randomly talk about Bonnie and have other people talking about my wife.

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They're to respect my wife, right?

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Well, respect your trademarks, okay?

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Have a certain element of respect for your own trademarks.

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Otherwise, you can lose them.

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Like Xerox ran into this.

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Kleenex ran into this.

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And other companies have run into this.

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to very powerful trademarks losing their strength

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and then trying to stop the public from using it

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when sometimes it was their own fault.

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Like they thought it was a great marketing campaign

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to tell everybody, hey, grab a Kleenex.

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It's like, no, what you should say

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is grab a Kleenex brand tissue, right?

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You don't say grab a Kleenex,

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you say Kleenex brand tissue.

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So if your sneakers, instead of calling sneakers,

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you want to come out with like Crocs, right?

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Those are hideous looking, but Crocs in general,

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people think of Crocs as like, you know,

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an actual footwear thing.

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So, but they're not saying Croc brand slippers.

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They're just saying Crocs, grab your Crocs or whatever.

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Like I got to stop.

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But in any case, what they're doing is they're starting

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to associate a type of footwear with a word.

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And if other people come up

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with a similar looking footwear and they call those Crocs,

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even though they're not Croc brand shoes,

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then they can lose the strength of their own trademark.

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So that's what Karina is talking about

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is losing the power of your own trademark

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by using your word Milli Vanilli.

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Got it?

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So always use the full trademark, even in casual usage,

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like on social media or whatever.

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I would, I would, because if you don't,

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then people can start associating just one of the words

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with something else and you can lose the strength

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of the entire trademark.

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Now, but what might happen is you,

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this is something that actually happens quite often.

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Somebody might have a trademark that's two or three words

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and they realize that everybody's using one of the words.

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That happens.

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Like that's not uncommon.

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That's what I'm concerned about.

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Yeah, that's not uncommon.

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So what should you do in that case?

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File a trademark for the single word.

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See, if you're seeing, if you're seeing that the public

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has grown to fall in love with a single word

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of the two word trademark, I'd get ahead of it.

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And I'd say, you know what?

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Why don't we, why don't we have our main trademark

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for like the business and this unit,

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but we'll have the single word for this other thing there,

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you know, which is kind of related,

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but they're two different trademarks.

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So like Microsoft, they have Microsoft Excel, you know,

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well, they own Microsoft alone.

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So some people might, some people,

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there's not a lot of people out there going,

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hey, I'm gonna buy Microsoft brand software.

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They're just saying,

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hey, did you get that app from Microsoft, right?

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So if you're seeing people start to fall in love

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with one of the words,

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I would do a little market research there and see,

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maybe they don't wanna use both words anymore.

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And that's okay, that's okay.

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Then what I would do is I would get a federal registration

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for the single word and, you know,

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maybe make one of your business lines

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just that one word alone, or do something like that,

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but make sure you own both.

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So that if they're doing single word or multiple words,

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you got them, so that they'll stop doing it, yeah.

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If that single word though is a fairly commonly used word,

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just in general, then you can't trademark it.

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That's correct.

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So would you just then consider it a blessing

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that people are identifying a general commonly used word

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with your company exclusively?

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Or would you change your name to one

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that can be shortened and easily used and trademarked?

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This is a really good practical question.

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So if, and all right, so this is not legal advice.

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I'm saying this is a business thing, okay?

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So in business, let's say my law firm

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is called Nieves IP Law Group.

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I don't know any, well, I know a few attorneys that do this,

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but most people say Nieves IP, right?

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They don't say law group, they just say Nieves IP, right?

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But if in your situation, let's say as an example,

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they just start calling it law group.

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Are you going to the IP law group, right?

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Well, IP law group is a common terminology.

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They're not using Nieves in it, which is the identifier,

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but let's say the public's just starting to get to know

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that, well, Nieves IP Law Group,

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it's just called IP Law Group.

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And so everybody just starts saying,

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hey, do you know the IP Law Group?

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Oh yeah, that's run by Peter Nieves, right?

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Is that a blessing?

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I mean, it's good that you're increasing recognition

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in the public's eye.

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It's bad in that if another party comes along

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and uses the same name, you can't stop them.

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That's the problem, is that if you...

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If you ride that wave, you might find that that wave is bringing you to a coral reef.

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So it may be the best ride of your life temporarily, but at some point,

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the wave's going to crash. And so at some point, you're going to go, well, hold it.

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My market grew, grew, grew. Now other people are using that same name,

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and they're taking my market share. How do I stop them? You can't.

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There's literally nothing you can do because you rode that wave, and other people are now

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capitalizing on it. So the way I would get ahead of something like that is I would rebrand. I would

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come out with something powerful, rebrand, make it a celebration, make it a big deal.

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This is our 10-year anniversary, and so now this is who we've become. You're all part of this.

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You're all part of this group, part of this family, and we're going forward with this.

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So now you're bypassing the use of descriptive terms, diluted terms, and things that you can't

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own. You're stopping that before it gets too big. Let's imagine everybody just called them

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fast software. Well, that's the best fast software out there. And so everybody,

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whenever you hear fast software, they go, oh, yeah, it's Microsoft. But then along comes this

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company in India that creates this new software app, and it works fast as well. And so they go

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buy fast software. Microsoft can't do anything. Can't stop them. Now, if I really want to blow

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your mind, which I will because you asked, so there is an area of law that's kind of rarely

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used. It's very unique, and it's where a certain term becomes so well known to be associated with

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you, even though it's descriptive, you can file a trademark application for that and argue that

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it has obtained acquired distinctiveness. Just to be clear, what I just told you right there

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is upper, upper, upper, upper level trademark work. This is the way that when somebody has a

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brand that becomes so big that those words that are very well known by everybody only gets associated

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with them. This is what they do. They'll file this thing, and it is rarely, rarely does it work.

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But when it works, like, man, it's good. It is really good. So it's called acquired distinctiveness.

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It's a small area of the law. And so if you've been using it continuously and other people

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aren't using it, and you become the one associated with that term, which honestly is

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considered to be descriptive, and you're the only one essentially, and everybody's looking at you,

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you can file a trademark application arguing acquired distinctiveness and give proof to the

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trademark office that, look, you search on Google, I pop up. You look at this, I pop up.

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These are my sales under that name. And you see how they've grown year after year after year.

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You have to prove that you've obtained acquired distinctiveness. If you can do that,

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you've got one of the few most valuable trademarks in the world.

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It's hard to hit that level, though. You need a good attorney to do that. It's hard to do that.

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So has, for example, Apple done that?

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Apple didn't need to do that, because Apple is not descriptive of computers.

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Like, you need Peter, right? It's so funny. Yeah, I wasn't plugging for that. But yeah,

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you need somebody that really gets this area, because it's very rarely used.

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As an example, my client filed for the color blue.

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Like, the color blue. They own the color blue. But the color blue is associated with

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audio receivers only. So Macintosh owns the color blue.

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So like Tiffany blue? They own that?

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Well, there's a wordmark, like Tiffany blue would be like a wordmark, but the color that's

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used by Tiffany, that blue, they own that as well. Correct. That's right.

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Okay. Yeah. All right.

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So you've got to have somebody analyze your situation and see, has it grown? Like,

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is it really well known? Has it acquired? It's called secondary meaning. That's what it's called.

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Right? It's called acquired distinctiveness, last, second meaning.

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And it's called acquired distinctiveness, last, second meaning.

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meaning. So now all of a sudden, while the words, let's say brown shoe is really well

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And it's called acquired distinctiveness, last, second meaning.

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known, everybody uses the term brown shoe. If I've been using brown shoe continuously

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for 10 years and every time somebody says brown shoe, they think of my brand only, I

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can argue it's going to be hard to win. It's very hard to win, but there is a chance. So

238
00:15:26.120 --> 00:15:32.480
might be a way out. If you hit that level, that becomes one of the most valuable trademarks

239
00:15:32.480 --> 00:15:39.520
in the world. If you can transform a descriptive term into obtaining secondary meaning and

240
00:15:39.520 --> 00:15:47.560
acquired distinctiveness, you then become the owner of a descriptive term. That's like

241
00:15:47.560 --> 00:15:54.000
a million dollar trademark. Very powerful. With that, and Ray will tell you, I don't

242
00:15:54.000 --> 00:15:58.280
usually go into this, but you asked the question, so I gave it to you.

243
00:15:58.280 --> 00:16:02.760
Yeah, that was a great question. I don't think we've ever had that question.

244
00:16:02.760 --> 00:16:11.840
We haven't. Nobody's ever asked that question. It's a really good question. It's a rare situation.

245
00:16:11.840 --> 00:16:16.640
We do have a question in the chat here. Vicky was asking when you spoke about them owning

246
00:16:16.640 --> 00:16:29.240
blue, is it a distinct color code? Is it a distinct hex code? They don't own navy blue.

247
00:16:29.240 --> 00:16:37.960
It's like a very distinct type of blue that they own. But remember, the test is likelihood

248
00:16:37.960 --> 00:16:43.280
of confusion. So if somebody comes up with a blue that is slightly different, I'm going

249
00:16:43.280 --> 00:16:47.720
to argue there's a likelihood of confusion because it's similar to the other one. So

250
00:16:47.720 --> 00:16:53.160
the fact that I was able to get a trademark for the color blue in general is amazing.

251
00:16:53.160 --> 00:16:59.800
And I attribute a big portion to that to the examiner who was willing to work with me because

252
00:16:59.800 --> 00:17:04.800
when I first filed it, the examiner just rejected it flat out and said, there is no way I'm

253
00:17:04.800 --> 00:17:10.359
allowing this. And then the examiner, after I coaxed them a little and just by the grace

254
00:17:10.359 --> 00:17:16.880
of God, the examiner said, you know what? I think you do have something here. I can

255
00:17:16.880 --> 00:17:24.000
see how this thing has been used for 30 years. I think you have something here, but it's

256
00:17:24.000 --> 00:17:28.480
not in the right format and you need more proof here and you need to do this and that.

257
00:17:28.480 --> 00:17:32.040
So I'm going to give you the list of like 20 things I want from you before I'm going

258
00:17:32.040 --> 00:17:39.160
to allow this. And I just thanked him profusely. And he literally walked me through a massive,

259
00:17:39.480 --> 00:17:45.000
massive process and we won. And we got, so we own the color blue. And my client was like,

260
00:17:45.560 --> 00:17:52.200
hold it. We own blue. Are you serious? So what do they do? There is massive marketing campaign.

261
00:17:52.200 --> 00:17:56.920
We own blue. Like literally it was like a big deal to them. And people were like,

262
00:17:56.920 --> 00:18:01.240
ecstatic that they could do that. All right. Let me share my screen. I'm going to walk you through

263
00:18:02.200 --> 00:18:11.320
a trademark application filing. So here we go. Okay. Okay. So this is a USPTO website,

264
00:18:11.320 --> 00:18:17.560
USPTO.gov. All right. So what I want everybody here to do, cause you're in VIP,

265
00:18:17.560 --> 00:18:24.760
I want you to create your own account. So if you click on the top right here, it says my USPTO,

266
00:18:24.760 --> 00:18:30.200
you click on that. You can go over here and it says, I need an account, create a USPTO account,

267
00:18:30.360 --> 00:18:35.640
just create your own account. Okay. It's a detail. They ask you a bunch of different things.

268
00:18:35.640 --> 00:18:42.920
You have to provide like license, like a lot of information, like send in your first child or

269
00:18:42.920 --> 00:18:47.240
something like that. And then you finally get a, you finally get permission to use the USPTO website.

270
00:18:47.880 --> 00:18:55.320
Once you do that, you'll go into this button instead, which is your login, which is right

271
00:18:55.320 --> 00:18:59.800
here. I have an account login. Then you log in from there

272
00:19:02.360 --> 00:19:05.480
and you get into this site. This is what the site looks like. Okay.

273
00:19:07.240 --> 00:19:11.160
That's what the trademark, the United States Patent and Trademark Office site looks like.

274
00:19:11.880 --> 00:19:18.200
From here, what we do is we click on file for filing application, file tease application.

275
00:19:19.560 --> 00:19:24.280
Then it actually asks you over here to, it's going to send you an email for verification.

276
00:19:24.280 --> 00:19:29.960
The USPTO always asks for verification because somebody could be filing on your behalf,

277
00:19:29.960 --> 00:19:34.040
which would be fraud. They want to make sure it doesn't happen. I'm going to click send me an

278
00:19:34.040 --> 00:19:41.080
email. Now they're going to send me an email and I'll grab my cell phone so I don't have to change

279
00:19:41.080 --> 00:19:49.800
the screen for anybody. I'll look at my cell phone, which gets my email. There it is. All right.

280
00:19:49.800 --> 00:19:59.240
I go here and I look up the code and the code is 195073.

281
00:20:00.000 --> 00:20:02.000
Verified and

282
00:20:02.960 --> 00:20:08.080
Boom I have hacked NASA. So now I'm in okay, so we are in

283
00:20:09.120 --> 00:20:13.120
This is what the trademark application form looks like. This is where you start

284
00:20:13.640 --> 00:20:17.320
This is what the USPTO website looks like for filing your own

285
00:20:18.400 --> 00:20:23.240
Application, but this is exactly what the paralegals use with the attorneys use. It's not a different site

286
00:20:23.240 --> 00:20:27.160
This is what it is. So now you come down here and over here you have two options

287
00:20:27.920 --> 00:20:29.920
There's a T's plus

288
00:20:30.000 --> 00:20:32.640
And then there's a T's standard now

289
00:20:33.920 --> 00:20:36.000
T's plus under T's plus

290
00:20:36.640 --> 00:20:39.480
What happens is a paralegal will type in certain words

291
00:20:40.400 --> 00:20:46.320
Or an attorney will type in certain words and it'll tell you what international classes are associated with those words

292
00:20:46.320 --> 00:20:50.760
And it'll give you descriptions associated with that. I'm going to show you what that looks like

293
00:20:51.960 --> 00:20:56.480
There's another way of filing too. You could do a T's standard under T's standard

294
00:20:56.480 --> 00:20:59.160
You just type in the words themselves and submit it

295
00:21:00.000 --> 00:21:07.520
The problem with the T's standard is that if the words that you type in don't fall within one specific class

296
00:21:07.520 --> 00:21:12.120
But instead fall in multiple classes as an example, let's say you type in

297
00:21:14.600 --> 00:21:19.000
Active wear for sports including jerseys bags

298
00:21:21.040 --> 00:21:23.040
Briefcases

299
00:21:23.560 --> 00:21:26.440
Backpacks and sneakers, right?

300
00:21:27.440 --> 00:21:29.440
That's actually multiple classes

301
00:21:30.000 --> 00:21:31.720
That I just mentioned

302
00:21:31.720 --> 00:21:36.680
So if I filed that under a T's standard application, I wouldn't know that that's multiple classes

303
00:21:36.680 --> 00:21:40.280
I just filed my application and then I'd get a rejection

304
00:21:40.840 --> 00:21:46.600
From the United States Patent and Trademark Office examiner saying actually what you filed belongs into multiple different classes

305
00:21:46.600 --> 00:21:49.520
Please separate it into different application into yeah

306
00:21:50.640 --> 00:21:56.600
Please select the following international classes if you want those as well. So that's what they would do

307
00:21:57.080 --> 00:21:59.080
But if you do it under T's plus

308
00:21:59.400 --> 00:22:06.160
Which I'm gonna show of you. It'll automatically show you on the screen. What classes are associated with what you type in

309
00:22:06.200 --> 00:22:11.680
That's why I like T's plus and that's why my law firm we use T's plus like 90% of the time

310
00:22:12.040 --> 00:22:16.080
Okay is an attorney following this application obviously for you guys

311
00:22:16.080 --> 00:22:22.720
It'll be no and what's kind of hilarious is that as an attorney? I've actually filed for trademarks for myself

312
00:22:23.280 --> 00:22:26.080
But I have to lie and say that I'm not an attorney

313
00:22:26.600 --> 00:22:30.200
Because if I say I'm an attorney and then I enter my information

314
00:22:30.200 --> 00:22:34.400
It says the attorney information can't be the same as the applicant information

315
00:22:34.480 --> 00:22:40.080
Even though I am the attorney and the applicant and it won't accept my filing so I have to tell them that no

316
00:22:40.080 --> 00:22:42.080
I'm not an attorney

317
00:22:42.840 --> 00:22:46.880
So which is good for you guys because you get to see what it looks like so you just choose no

318
00:22:47.000 --> 00:22:51.240
You're not gonna do anything with the choose a file and you click continue then you get to the screen

319
00:22:51.240 --> 00:22:56.480
So here we go. Now we start digging in and now you start to see what VIP is all about

320
00:22:56.600 --> 00:22:58.600
If you haven't figured it out yet

321
00:22:59.480 --> 00:23:05.960
First thing owner of the mark that's you know, it's either gonna be you as an individual or it's gonna be a company, right?

322
00:23:05.960 --> 00:23:11.760
Whatever it is. So let's say it's a to e challenges LLC. Let's say that's the company. That's a corporation

323
00:23:11.760 --> 00:23:18.880
It's an LLC. I click LLC second. I click on that. Look at what happens says select your state now

324
00:23:18.880 --> 00:23:20.880
I got to select the state and

325
00:23:21.240 --> 00:23:24.040
Then I'm good if I'm in another country

326
00:23:25.040 --> 00:23:30.000
Then it may not be an LLC it may be called an LP in which case

327
00:23:30.560 --> 00:23:37.200
Once I select LP I have this option here to select the country. So let's say I go to Canada

328
00:23:38.320 --> 00:23:45.720
There's Canada. So now I select Canada. See it's not that tough. So I selected what country is associated with it. So

329
00:23:46.640 --> 00:23:51.680
Again owner of the mark and then the entity that's associated with the with the mark

330
00:23:51.680 --> 00:23:55.640
So, why would you just just as an aside for a moment here?

331
00:23:56.800 --> 00:24:02.000
you may decide to assign all right title interest to the entity and have the entity filing or

332
00:24:02.680 --> 00:24:07.400
You may file in the name of yourself. You have to figure that out before you file an application

333
00:24:08.240 --> 00:24:11.320
Because that's what your attorney should be asking you. They should be asking you

334
00:24:11.360 --> 00:24:13.360
Do you want this filed in your name?

335
00:24:13.600 --> 00:24:18.000
Or do you want this filed in your entity's name if they're not asking that question ask them

336
00:24:18.600 --> 00:24:23.600
Why they're not asking you that question or tell them what you want, okay, that's really important to figure out

337
00:24:23.800 --> 00:24:29.480
All right. So now I'm just gonna assume it's 88 challenges. So I'll see I'm gonna say it's a

338
00:24:30.000 --> 00:24:32.000
New Hampshire company

339
00:24:32.960 --> 00:24:36.080
New Hampshire boom done. All right

340
00:24:36.800 --> 00:24:40.080
now it gets into this the address here, so

341
00:24:40.920 --> 00:24:42.920
Let's do

342
00:24:43.000 --> 00:24:45.000
Let's do this

343
00:24:45.040 --> 00:24:46.800
270

344
00:24:46.800 --> 00:24:48.800
Okay now now

345
00:24:48.840 --> 00:24:50.840
if your system

346
00:24:50.880 --> 00:24:56.960
Automatically populates the address you're gonna have to grab this portion and move it down to the mailing address

347
00:24:57.800 --> 00:24:59.280
area

348
00:24:59.280 --> 00:25:01.280
because this

349
00:25:00.000 --> 00:25:02.880
This is the line for internal address.

350
00:25:02.880 --> 00:25:06.600
This is an issue that the USPTO website has.

351
00:25:06.600 --> 00:25:08.880
It'll auto-populate, but when it auto-populates,

352
00:25:08.880 --> 00:25:10.840
it throws it into the first field,

353
00:25:10.840 --> 00:25:13.160
but the mandatory field is the second field,

354
00:25:13.160 --> 00:25:14.000
mailing address.

355
00:25:14.000 --> 00:25:15.280
So you've got to start,

356
00:25:15.280 --> 00:25:18.280
that's where you want to put in your mailing information.

357
00:25:18.280 --> 00:25:21.440
Then you select your states, boom, ba-boom, ba-boom.

358
00:25:22.440 --> 00:25:23.640
Your zip code.

359
00:25:26.880 --> 00:25:27.920
Let's throw that in.

360
00:25:28.760 --> 00:25:32.320
And then you can put in your phone number if you so choose.

361
00:25:32.320 --> 00:25:34.680
Just remember, if you put in your phone number,

362
00:25:34.680 --> 00:25:36.080
it's gonna be on public record,

363
00:25:36.080 --> 00:25:38.600
so other people can see your phone number

364
00:25:38.600 --> 00:25:41.360
and call you or spam you.

365
00:25:41.360 --> 00:25:43.640
So it's better if you have a business number

366
00:25:43.640 --> 00:25:45.280
as opposed to your personal cell.

367
00:25:46.720 --> 00:25:48.840
One of the reasons why you would want to put a phone number

368
00:25:48.840 --> 00:25:51.400
is if the examiner just wants to ask you a quick question,

369
00:25:51.400 --> 00:25:53.880
instead of giving you a big rejection,

370
00:25:53.880 --> 00:25:56.520
they can actually pick up the phone and call you.

371
00:25:56.520 --> 00:25:59.400
So that's why you can put your number down there.

372
00:25:59.400 --> 00:26:01.000
And then you put down an email address.

373
00:26:01.000 --> 00:26:02.840
So I'm just gonna put down,

374
00:26:04.800 --> 00:26:05.640
let's do that.

375
00:26:05.640 --> 00:26:07.440
We'll just do that for now.

376
00:26:07.440 --> 00:26:08.480
Delete that, okay.

377
00:26:09.720 --> 00:26:11.720
So now I go back and look again.

378
00:26:11.720 --> 00:26:13.280
That's the company.

379
00:26:13.280 --> 00:26:15.400
That is the entity type.

380
00:26:15.400 --> 00:26:16.920
Yep.

381
00:26:16.920 --> 00:26:19.840
Then the address, mailing address, yep.

382
00:26:19.840 --> 00:26:23.320
City, state, all that's right.

383
00:26:25.080 --> 00:26:25.920
Most of the time,

384
00:26:26.280 --> 00:26:27.120
you're just gonna have to deal

385
00:26:27.120 --> 00:26:28.480
with this domicile address thing.

386
00:26:28.480 --> 00:26:30.000
I don't want to confuse anybody.

387
00:26:30.000 --> 00:26:32.160
Email address, and then continue.

388
00:26:33.640 --> 00:26:36.160
Okay, so now you get to the entering

389
00:26:36.160 --> 00:26:37.640
of the trademark itself.

390
00:26:37.640 --> 00:26:39.400
So now we get to have some fun.

391
00:26:39.400 --> 00:26:43.920
Some people type in the chat a trademark, like a wordmark.

392
00:26:43.920 --> 00:26:46.920
Just type in whatever you want to file for.

393
00:26:46.920 --> 00:26:49.840
Don't let it be your own trademark, okay?

394
00:26:49.840 --> 00:26:51.200
Just make up a word.

395
00:26:52.160 --> 00:26:54.160
So let's see what you guys come up with.

396
00:26:56.920 --> 00:26:58.480
This is where it gets really interesting

397
00:26:58.480 --> 00:27:00.240
to see what people come up with.

398
00:27:00.240 --> 00:27:02.320
We need that Jeopardy music again.

399
00:27:02.320 --> 00:27:03.600
We do, we totally do.

400
00:27:08.800 --> 00:27:10.040
EduCourses.

401
00:27:14.360 --> 00:27:15.200
Anything else?

402
00:27:16.040 --> 00:27:16.880
Yes, I get it.

403
00:27:23.840 --> 00:27:24.680
Apps.

404
00:27:26.720 --> 00:27:28.040
Do you want to just file for EduCourses?

405
00:27:28.040 --> 00:27:29.040
We can just do that.

406
00:27:30.680 --> 00:27:33.520
I don't see any other suggestions, so let's go with it.

407
00:27:33.520 --> 00:27:34.360
Jennifer had one.

408
00:27:34.360 --> 00:27:37.280
She had Byzantium, but it was extra.

409
00:27:37.280 --> 00:27:39.120
So she had a lot of options.

410
00:27:39.120 --> 00:27:40.440
She had a lot of options.

411
00:27:40.440 --> 00:27:41.280
She had a lot of options.

412
00:27:41.280 --> 00:27:42.120
She had a lot of options.

413
00:27:42.120 --> 00:27:42.960
She had a lot of options.

414
00:27:43.080 --> 00:27:46.520
She had Byzantium, but it came directly to me only.

415
00:27:46.520 --> 00:27:48.640
He couldn't see it, Jennifer.

416
00:27:48.640 --> 00:27:49.480
What was it?

417
00:27:50.320 --> 00:27:51.440
Byzantium.

418
00:27:51.440 --> 00:27:53.200
Hold on, I'm putting it here.

419
00:27:53.200 --> 00:27:54.280
Byzantium?

420
00:27:54.280 --> 00:27:56.560
Isn't that like an actual element?

421
00:27:58.560 --> 00:27:59.400
Byzantium.

422
00:27:59.400 --> 00:28:01.400
I think you're thinking, no.

423
00:28:01.400 --> 00:28:05.880
Actually, let me check my handy-dandy mouse pad.

424
00:28:05.880 --> 00:28:06.960
Are you serious?

425
00:28:06.960 --> 00:28:07.800
You have one of those?

426
00:28:07.800 --> 00:28:08.800
You're such a geek.

427
00:28:08.800 --> 00:28:09.880
That's hilarious.

428
00:28:10.760 --> 00:28:14.800
So I think it would be towards the bottom right.

429
00:28:14.800 --> 00:28:16.560
No, bottom left side.

430
00:28:16.560 --> 00:28:18.080
See if you see a Byzantium.

431
00:28:22.840 --> 00:28:23.920
She's looking.

432
00:28:25.120 --> 00:28:25.960
That's great.

433
00:28:28.200 --> 00:28:29.280
Maybe it's not an element.

434
00:28:29.280 --> 00:28:32.160
Unfortunately, you have me working

435
00:28:32.160 --> 00:28:34.440
so wonderfully diligently for our members

436
00:28:34.440 --> 00:28:35.840
that I've kind of worn it out.

437
00:28:35.840 --> 00:28:37.200
So it's a little hard to read.

438
00:28:37.200 --> 00:28:38.520
Okay, no problem.

439
00:28:38.560 --> 00:28:42.160
Well, let's go with the first one we got, EduCourses.

440
00:28:42.160 --> 00:28:44.880
The reason why I didn't want to file for EduCourses

441
00:28:44.880 --> 00:28:48.600
because I think EduCourses might be argued

442
00:28:48.600 --> 00:28:50.760
to be descriptive of courses.

443
00:28:50.760 --> 00:28:52.400
If it's educational software,

444
00:28:52.400 --> 00:28:55.120
the examiner is going to send back a response.

445
00:28:55.120 --> 00:28:56.800
Larissa, what happened to you?

446
00:28:56.800 --> 00:28:58.920
You look so different.

447
00:28:58.920 --> 00:29:00.560
Oh my gosh, Larissa.

448
00:29:03.720 --> 00:29:05.600
Your hairstyle changed, Larissa.

449
00:29:05.600 --> 00:29:06.440
What happened?

450
00:29:08.840 --> 00:29:09.680
Hey guys.

451
00:29:09.680 --> 00:29:11.200
She's loaning him her hair.

452
00:29:11.200 --> 00:29:14.400
All right, so I'm not going to go with EduCourses

453
00:29:14.400 --> 00:29:16.800
because I think an examiner would reject that

454
00:29:16.800 --> 00:29:18.840
because it's for educational software,

455
00:29:18.840 --> 00:29:21.840
which obviously is for courses that includes education.

456
00:29:21.840 --> 00:29:25.560
So I think it would be rejected for educational software.

457
00:29:25.560 --> 00:29:28.840
So for that reason, I'm going to go with Byzantium.

458
00:29:28.840 --> 00:29:33.160
Byzantium, sounds like something that would be mentioned in,

459
00:29:34.240 --> 00:29:35.080
what is that?

460
00:29:35.920 --> 00:29:36.960
Big Bang Theory.

461
00:29:37.240 --> 00:29:38.280
Big Bang Theory.

462
00:29:38.280 --> 00:29:39.120
That's what it sounds like,

463
00:29:39.120 --> 00:29:40.920
a word that would be used there.

464
00:29:40.920 --> 00:29:41.760
Bazinga.

465
00:29:42.600 --> 00:29:44.760
Big Bang Theory, Byzantium?

466
00:29:44.760 --> 00:29:46.000
Yeah, he says Bazinga.

467
00:29:46.000 --> 00:29:47.480
He always says Bazinga.

468
00:29:47.480 --> 00:29:48.880
That's his tagline, Bazinga.

469
00:29:48.880 --> 00:29:50.400
Bazinga, yeah.

470
00:29:50.400 --> 00:29:51.680
It's good, I like that.

471
00:29:51.680 --> 00:29:55.120
Okay, so Byzantium, I type in right here

472
00:29:55.120 --> 00:29:56.640
where the word mark is.

473
00:29:56.640 --> 00:29:58.360
It's just standard characters.

474
00:29:58.360 --> 00:30:00.400
A special form is...

475
00:30:00.000 --> 00:30:02.440
is when you're filing an application for a logo.

476
00:30:02.440 --> 00:30:04.000
We're not gonna go through that.

477
00:30:04.000 --> 00:30:06.200
But if you click on special form, you'll see here,

478
00:30:06.200 --> 00:30:09.320
you just attach a picture of the logo there.

479
00:30:09.320 --> 00:30:11.560
Then you got to describe the logo.

480
00:30:11.560 --> 00:30:14.000
It tells you exactly what you need to do.

481
00:30:14.000 --> 00:30:16.000
So these are the kind of questions

482
00:30:16.000 --> 00:30:18.240
the attorney are gonna ask you.

483
00:30:18.240 --> 00:30:21.720
They're gonna say, send me a sample of the logo

484
00:30:21.720 --> 00:30:22.720
that I can file.

485
00:30:22.720 --> 00:30:24.600
And that's what they'll attach here.

486
00:30:24.600 --> 00:30:28.880
And then they'll have to describe the logo in details.

487
00:30:30.360 --> 00:30:32.720
Right down here,

488
00:30:32.720 --> 00:30:36.840
this is where they have to describe the logo in detail.

489
00:30:36.840 --> 00:30:40.960
One little tidbit that is, again, not legal advice,

490
00:30:40.960 --> 00:30:45.960
but something that is gonna make you very powerful

491
00:30:46.560 --> 00:30:49.600
as a business owner is knowing that

492
00:30:49.600 --> 00:30:51.560
if you file things in black and white,

493
00:30:51.560 --> 00:30:54.400
they have more strength than if you file them in color.

494
00:30:54.400 --> 00:30:56.400
If you file something in color

495
00:30:56.400 --> 00:30:59.000
and you try to claim ownership to the color,

496
00:30:59.000 --> 00:31:02.800
then it's more specific to ownership of that color.

497
00:31:02.800 --> 00:31:06.160
But if you file it in black and white, you own all colors.

498
00:31:07.440 --> 00:31:09.480
So when you file in black and white,

499
00:31:09.480 --> 00:31:13.200
if anybody uses it in any color, they would infringe.

500
00:31:13.200 --> 00:31:17.440
If you file it in hot pink and orange,

501
00:31:19.120 --> 00:31:21.280
technically, you're supposed to own hot pink and orange.

502
00:31:21.280 --> 00:31:22.920
Obviously, if somebody uses a different color,

503
00:31:22.920 --> 00:31:24.960
you're gonna argue, likely there's a confusion,

504
00:31:24.960 --> 00:31:27.200
but you're gonna have such a stronger case

505
00:31:27.200 --> 00:31:29.080
if it's just black and white, you own all colors.

506
00:31:29.080 --> 00:31:32.000
So I always tell people file black and white.

507
00:31:32.000 --> 00:31:34.360
So you just type in the word again here,

508
00:31:34.360 --> 00:31:39.360
Bazinga, Byzantium, and you move on to continue.

509
00:31:41.400 --> 00:31:43.160
Okay, now's where it gets more fun.

510
00:31:44.800 --> 00:31:48.680
So here's where you click on the goods and services

511
00:31:48.680 --> 00:31:49.880
that you want to use.

512
00:31:49.880 --> 00:31:54.720
So we click on this and now give me, type in the chat,

513
00:31:54.760 --> 00:31:58.920
what should Byzantium be for?

514
00:31:58.920 --> 00:32:02.960
Like what kind of product or services should it cover?

515
00:32:07.920 --> 00:32:11.640
Let's see, rare gems in education, language training,

516
00:32:11.640 --> 00:32:13.560
another person in education, okay.

517
00:32:15.120 --> 00:32:20.120
So we can go for that perfume, perfume, Bazinga, Byzantium.

518
00:32:21.120 --> 00:32:26.120
Byzantium, Byzantium perfume for that person

519
00:32:26.960 --> 00:32:30.400
that's just out of this world, Byzantium.

520
00:32:31.960 --> 00:32:33.440
All right, so I'm gonna go with education.

521
00:32:33.440 --> 00:32:36.240
Oh, that's going on the bloopers, I hope you know.

522
00:32:36.240 --> 00:32:37.640
I have to be careful with Ray

523
00:32:37.640 --> 00:32:39.800
because she creates these blooper reels

524
00:32:39.800 --> 00:32:41.720
and then she sends them out to my people

525
00:32:41.720 --> 00:32:46.200
and I find out after the fact and I'm like, great, great.

526
00:32:46.200 --> 00:32:49.200
All right, so for someone who's very old,

527
00:32:50.120 --> 00:32:54.880
great, Bazinga, bringing you back through Byzantium.

528
00:32:54.880 --> 00:32:56.880
All right, let's go with education

529
00:32:56.880 --> 00:32:59.320
because there are people that are gonna do educational work.

530
00:32:59.320 --> 00:33:01.480
So I'm just gonna select education.

531
00:33:01.480 --> 00:33:06.480
So I type over here, you can't just kind of say education,

532
00:33:08.040 --> 00:33:09.880
you have to say what you're doing in education.

533
00:33:09.880 --> 00:33:12.680
So let's say like, oh, here you go,

534
00:33:12.680 --> 00:33:14.360
providing online training courses.

535
00:33:14.360 --> 00:33:18.120
So if you just type in online training courses, go.

536
00:33:19.120 --> 00:33:20.040
You see how it says here,

537
00:33:20.040 --> 00:33:22.680
providing online training courses right there.

538
00:33:22.680 --> 00:33:27.680
You see how it gives you exactly what class it is

539
00:33:28.160 --> 00:33:30.200
and what language to use.

540
00:33:30.200 --> 00:33:32.200
That's pretty great, right?

541
00:33:32.200 --> 00:33:35.320
And that's because you filed a TEAS application,

542
00:33:35.320 --> 00:33:37.200
TEAS plus application.

543
00:33:37.200 --> 00:33:41.200
If you filed the other one, it wouldn't give you all this.

544
00:33:41.200 --> 00:33:43.360
You'd have to figure it out yourself.

545
00:33:43.360 --> 00:33:47.920
Or let's say for discussion purposes, we wanna do perfume.

546
00:33:48.760 --> 00:33:51.440
So just perfume, press perfume.

547
00:33:51.440 --> 00:33:53.440
And look at all these things that pop up.

548
00:33:53.440 --> 00:33:57.680
Class three, perfume, perfume oils, perfume burners,

549
00:33:57.680 --> 00:34:02.680
eau de parfum, let's see.

550
00:34:02.680 --> 00:34:06.800
There's perfume atomizers, all these things here.

551
00:34:06.800 --> 00:34:09.199
So let's say, let's go with perfumes.

552
00:34:09.199 --> 00:34:11.080
So we're gonna select perfume.

553
00:34:12.000 --> 00:34:17.000
Let's say we have a perfume powder also, a perfume soap.

554
00:34:18.520 --> 00:34:19.600
Select that.

555
00:34:21.760 --> 00:34:25.960
And let's see, it's non-medicated soap, got it.

556
00:34:25.960 --> 00:34:27.520
This is curious down here.

557
00:34:27.520 --> 00:34:30.679
It has two that say the same thing on them.

558
00:34:30.679 --> 00:34:34.360
Look at that, perfume soap as a non-medicated soap,

559
00:34:34.360 --> 00:34:36.199
perfume soap as a non-medicated soap.

560
00:34:36.199 --> 00:34:37.159
It's the exact same thing.

561
00:34:37.159 --> 00:34:41.440
Oh, one is plural and one's not, go figure.

562
00:34:41.440 --> 00:34:46.040
So I would choose both perfumes and colognes, sure.

563
00:34:47.040 --> 00:34:50.320
Let's see, oh, a toilet water, great.

564
00:34:53.320 --> 00:34:54.480
I'm gonna leave that alone.

565
00:34:54.480 --> 00:34:56.679
Oils for perfumes and scents.

566
00:34:58.840 --> 00:35:00.600
Okay, let's say that's all we want.

567
00:35:00.000 --> 00:35:10.080
with. Let's say we just did powders, perfume soap, and perfume. Let's do perfume oils too. Okay,

568
00:35:10.080 --> 00:35:16.080
so I just select all the ones that are important for me, and then I just

569
00:35:18.320 --> 00:35:23.200
go and insert the checked entries. And look what happens. They all pop up. See,

570
00:35:23.200 --> 00:35:32.000
they're all populated on the list. So now what the paralegal does is she looks to see or he looks

571
00:35:32.000 --> 00:35:39.040
to see for each one of these items, is it actually used or is it not? Because you have to assign a

572
00:35:39.040 --> 00:35:45.040
filing basis. So here it says assign filing basis. So now they look and see, okay, is it actually

573
00:35:45.040 --> 00:35:50.000
being used? And you see the words here, actually using Mark in commerce now. Or if it's not being

574
00:35:50.000 --> 00:35:56.960
used yet, no use of Mark yet intending to use. Pretty, I mean, it's pretty straightforward.

575
00:35:57.520 --> 00:36:02.240
So let's say we do have perfume, but we don't have any of these other things. There's no oil,

576
00:36:02.240 --> 00:36:10.720
no powder, no soaps, and no, we'll say that there is, actually, let's say that there's no cologne

577
00:36:10.720 --> 00:36:18.720
yet. There's only a perfume. So I select all of those and I just select 1B. And then it gives me

578
00:36:18.720 --> 00:36:23.600
this box here to say that I understand that I'm filing an intent-to-use application and that at

579
00:36:23.600 --> 00:36:28.720
some point I'm going to have to change it to an act-to-use application. So I select that. Yes,

580
00:36:28.720 --> 00:36:33.280
I understand what I just said. That's why I pushed it. And I click assign filing basis.

581
00:36:33.280 --> 00:36:40.800
And look what happens. Everything says 1B on it. See that? All of these say 1B now.

582
00:36:41.600 --> 00:36:48.160
But there's one that does not. So if right now I said continue, see, it tells me there's an error

583
00:36:49.520 --> 00:36:53.760
because one of them doesn't have a filing basis, namely the top one there.

584
00:36:55.440 --> 00:36:58.800
So now I have to assign it a filing basis. So let's say I'm actually have,

585
00:36:58.800 --> 00:37:04.720
I have sold it in interstate commerce. I click select section 1A. Now I've got to attach a

586
00:37:05.280 --> 00:37:15.280
specimen to actually show the use of the name on perfume. I've got to describe the specimen.

587
00:37:17.440 --> 00:37:21.840
I've got to say the date that I first used it. Let me just put in some dates here.

588
00:37:21.840 --> 00:37:26.400
So there's a date of first use anywhere. That means within my companies, I can list it

589
00:37:27.360 --> 00:37:31.200
as being used. But then there's a date of first use in interstate commerce. So that's like when

590
00:37:31.200 --> 00:37:36.640
I started selling it across state lines, that would be used in commerce. So I put in the dates.

591
00:37:36.640 --> 00:37:42.080
Those dates might be different. So if I started using it in my company, then the date I started

592
00:37:42.080 --> 00:37:48.320
using it immediately, that date should be here. But then the date that I started doing sales,

593
00:37:48.320 --> 00:37:54.240
that would be here. Okay. And so I'm just going to grab a specimen of some sort.

594
00:37:55.200 --> 00:38:00.400
You just click choose file. Just take an image, images, pictures.

595
00:38:02.160 --> 00:38:10.400
Let me just take a picture of some sort. How about Salt Bay? Yeah, that's it. We're going to grab Salt

596
00:38:10.400 --> 00:38:16.320
Bay. Salt Bay is going to be our attached image. Let's see if it fits. Yep, it does. Okay. Return

597
00:38:16.320 --> 00:38:23.680
to form. Okay. So let's say that was our specimen was the one that I just attached. Great.

598
00:38:24.880 --> 00:38:32.800
I have to describe how the trademark is used on that specimen. What a specimen is,

599
00:38:32.800 --> 00:38:37.920
is it's something demonstrating use of the trademark on a good or service. So if it's

600
00:38:40.080 --> 00:38:45.120
here on a candle, then all I do is I take a picture of the candle with

601
00:38:46.960 --> 00:38:51.600
the logo right on it. That's a specimen. It's showing use on a candle.

602
00:38:52.400 --> 00:39:00.640
And then all I would do underneath it is I would say digital image of products having

603
00:39:01.760 --> 00:39:10.240
trademark there on, oops, trademark there on, something like that. But instead of saying

604
00:39:10.240 --> 00:39:18.960
product, I would say what it is. So let's say, let's say digital image of box having perfume

605
00:39:19.920 --> 00:39:31.360
there in with trademark, with trademark on the box. There you go. That would be a description.

606
00:39:33.200 --> 00:39:38.800
So now I've got the picture of the box with the trademark on it. I've got the description of it.

607
00:39:39.600 --> 00:39:43.600
I've got the date that I searched first use it internally. The date that I use in interstate

608
00:39:44.000 --> 00:39:50.560
commerce, assign the following basis. Boom, done. Look what happens here. Section 1A, there it is.

609
00:39:51.840 --> 00:39:59.520
Now it's there. So at this point, every single one of the list of goods is

610
00:40:00.000 --> 00:40:04.120
showing either section 1A or 1B in this case.

611
00:40:04.120 --> 00:40:08.360
You guys are not likely gonna deal with 44A, 44E.

612
00:40:08.360 --> 00:40:10.160
That's all for foreign applications

613
00:40:10.160 --> 00:40:12.480
and you're not dealing with that.

614
00:40:12.480 --> 00:40:13.820
So now I click continue.

615
00:40:15.360 --> 00:40:20.360
So now if I have like an internal matter number,

616
00:40:22.920 --> 00:40:25.000
oh, Jennifer said, so if it's on a website,

617
00:40:25.000 --> 00:40:27.640
then you screenshot your website

618
00:40:27.640 --> 00:40:29.760
and use that as an upload image.

619
00:40:29.800 --> 00:40:32.160
Okay, so it's a good question.

620
00:40:32.160 --> 00:40:37.160
So when it comes to specimens associated with products

621
00:40:38.520 --> 00:40:42.520
that I'm selling on a website, I wanna show the product.

622
00:40:42.520 --> 00:40:45.520
I wanna show a way to purchase it on that picture,

623
00:40:45.520 --> 00:40:47.440
on that image as well.

624
00:40:47.440 --> 00:40:48.960
There is, you know what I'll do?

625
00:40:48.960 --> 00:40:52.960
Ray, can you DM me or send me a message in Facebook?

626
00:40:52.960 --> 00:40:54.640
There's a page from the United States

627
00:40:54.640 --> 00:40:55.720
Patent and Trademark Office.

628
00:40:55.720 --> 00:40:57.920
I wonder if I can find it real quick.

629
00:40:57.920 --> 00:40:59.360
If I just type USPTO.

630
00:41:02.160 --> 00:41:03.680
No, it doesn't pop up right away.

631
00:41:03.680 --> 00:41:08.320
There's a page from the USPTO that describes

632
00:41:08.320 --> 00:41:11.800
what are acceptable specimens for different things.

633
00:41:11.800 --> 00:41:14.240
It's a really good PowerPoint.

634
00:41:14.240 --> 00:41:16.600
I actually might have that.

635
00:41:16.600 --> 00:41:17.440
Let me take a look.

636
00:41:17.440 --> 00:41:18.400
Do you have that one still?

637
00:41:18.400 --> 00:41:21.080
Okay, if you have that, you can post it.

638
00:41:21.080 --> 00:41:23.360
Otherwise just remind me

639
00:41:23.360 --> 00:41:25.360
and I'll post it in the Facebook group.

640
00:41:25.360 --> 00:41:29.640
And so for goods, typically for goods,

641
00:41:29.640 --> 00:41:31.480
you wanna take a picture of the packaging

642
00:41:31.480 --> 00:41:33.080
or the product with the name on it,

643
00:41:33.080 --> 00:41:34.960
but the name has to be there.

644
00:41:34.960 --> 00:41:36.680
But you can't just take a picture of the packaging

645
00:41:36.680 --> 00:41:37.600
without the name on it.

646
00:41:37.600 --> 00:41:39.520
It has to have the name on it,

647
00:41:39.520 --> 00:41:42.080
showing that it's a trademark, right?

648
00:41:42.080 --> 00:41:44.400
Then that picture should suffice.

649
00:41:44.400 --> 00:41:46.800
But if I'm selling products online,

650
00:41:46.800 --> 00:41:50.800
then I might have to go and take a screenshot

651
00:41:50.800 --> 00:41:54.160
of the product on the website,

652
00:41:54.200 --> 00:41:55.720
the description of the product

653
00:41:56.960 --> 00:41:58.440
that's next to that product,

654
00:41:58.440 --> 00:42:00.440
and then the price right there

655
00:42:00.440 --> 00:42:02.360
with a purchase here button.

656
00:42:02.360 --> 00:42:03.800
So that shows that there's,

657
00:42:03.800 --> 00:42:06.640
that is a picture of use in interstate commerce

658
00:42:06.640 --> 00:42:09.560
because people are buying through that site, right?

659
00:42:09.560 --> 00:42:12.000
So that would be an example of a specimen

660
00:42:12.000 --> 00:42:13.160
that can be used there.

661
00:42:14.560 --> 00:42:17.640
Let's see, you can add a second email address here,

662
00:42:17.640 --> 00:42:18.720
which is pretty cool.

663
00:42:19.640 --> 00:42:20.720
You can add second address.

664
00:42:20.720 --> 00:42:22.320
So let's say you have a business partner

665
00:42:22.320 --> 00:42:23.360
or you have an admin,

666
00:42:23.360 --> 00:42:25.440
you can add the admins info.

667
00:42:25.440 --> 00:42:26.480
This reference number is

668
00:42:26.480 --> 00:42:29.600
if you have an internal docketing number

669
00:42:29.600 --> 00:42:30.800
that you wanna use.

670
00:42:30.800 --> 00:42:32.840
If you do, you can write it there.

671
00:42:32.840 --> 00:42:34.040
You just click continue.

672
00:42:35.320 --> 00:42:36.600
And now it tells you the fee.

673
00:42:36.600 --> 00:42:39.760
Since we did the filing that I told you about,

674
00:42:39.760 --> 00:42:42.040
where it uses the United States Patent

675
00:42:42.040 --> 00:42:44.240
and Trademark Office descriptions,

676
00:42:44.240 --> 00:42:45.200
it costs you less.

677
00:42:45.200 --> 00:42:46.600
If you use your own description,

678
00:42:46.600 --> 00:42:48.920
it costs you $350.

679
00:42:48.920 --> 00:42:51.880
So this is the fee that your attorney will charge you,

680
00:42:51.880 --> 00:42:55.120
a third party fee, $250.

681
00:42:55.120 --> 00:42:58.560
And then your attorney

682
00:42:58.560 --> 00:43:00.240
will either sign it directly themselves

683
00:43:00.240 --> 00:43:03.560
or they'll email it to you by clicking that

684
00:43:03.560 --> 00:43:05.920
and then typing in the information.

685
00:43:06.880 --> 00:43:08.920
But what I do for a lot of my own clients

686
00:43:08.920 --> 00:43:11.120
is I actually sign it myself.

687
00:43:11.120 --> 00:43:13.840
And then you have to confirm all of these things here.

688
00:43:15.040 --> 00:43:16.240
So you have to read it,

689
00:43:16.240 --> 00:43:17.440
but it basically says,

690
00:43:18.520 --> 00:43:20.160
if the applicant is filing the application

691
00:43:20.160 --> 00:43:23.440
based on use in commerce under blah, blah, blah,

692
00:43:23.440 --> 00:43:28.320
it says that you believe that they are the owner.

693
00:43:28.320 --> 00:43:32.000
The mark, you believe that the mark is in use in commerce

694
00:43:32.000 --> 00:43:34.920
and was in use in commerce as of the filing date.

695
00:43:36.040 --> 00:43:39.520
You believe that the specimen is showing use.

696
00:43:39.520 --> 00:43:42.000
And to the best of signatory's knowledge and belief,

697
00:43:42.000 --> 00:43:44.240
the facts recited in the application are accurate.

698
00:43:44.240 --> 00:43:46.800
This is an actual declaration you're making

699
00:43:46.800 --> 00:43:48.280
to the federal government.

700
00:43:48.280 --> 00:43:49.840
So don't play around with this.

701
00:43:51.040 --> 00:43:52.320
This is a big deal.

702
00:43:52.320 --> 00:43:54.320
Lying on this is a federal offense.

703
00:43:55.360 --> 00:43:56.880
So it's a big deal.

704
00:43:58.120 --> 00:44:00.320
Don't take somebody else's trademark file on it

705
00:44:00.320 --> 00:44:03.440
and then say, yeah, I believe I'm the owner.

706
00:44:03.440 --> 00:44:06.520
If they find out, that's a big problem.

707
00:44:07.760 --> 00:44:09.520
And then it has these other lines here.

708
00:44:09.520 --> 00:44:11.640
To the best of signatory's knowledge and belief,

709
00:44:11.640 --> 00:44:15.720
no other persons except if applicable concurrent users

710
00:44:15.720 --> 00:44:17.880
have the right to use the mark in commerce.

711
00:44:17.880 --> 00:44:20.040
See, so if somebody else is using it

712
00:44:20.920 --> 00:44:21.760
and you're filing for it,

713
00:44:21.760 --> 00:44:23.400
you would be lying by clicking on that.

714
00:44:24.720 --> 00:44:28.800
To the best of the signatory's knowledge,

715
00:44:28.800 --> 00:44:31.840
information and belief formed after an inquiry,

716
00:44:33.120 --> 00:44:35.720
reasonable under the circumstances of the allegations

717
00:44:35.720 --> 00:44:37.440
and factual contentions above are,

718
00:44:37.440 --> 00:44:39.000
all right, so basically saying you believe

719
00:44:39.000 --> 00:44:40.560
that what you're saying is true.

720
00:44:40.560 --> 00:44:43.240
And then you're being warned

721
00:44:43.240 --> 00:44:46.720
about willfully false statements.

722
00:44:46.720 --> 00:44:49.400
Again, imprisonment.

723
00:44:49.560 --> 00:44:51.320
That's one of the things that can happen.

724
00:44:51.320 --> 00:44:54.400
So don't steal somebody else's thing and file on it.

725
00:44:54.400 --> 00:44:55.760
Just not smart.

726
00:44:57.120 --> 00:44:59.520
Then to sign, you sign here.

727
00:45:00.000 --> 00:45:07.600
there, you type in a normal name there, the position of the individual, and then you validate.

728
00:45:07.600 --> 00:45:16.720
So, and signatures are, you put slash, the name, what am I typing here?

729
00:45:18.000 --> 00:45:21.600
There we go, the slash goes in there, and then type the real name again,

730
00:45:24.240 --> 00:45:29.120
done, and then the position. For me, I'm usually doing this as an attorney of record,

731
00:45:30.160 --> 00:45:34.000
and then you just click validate, and that's it. Once you do that,

732
00:45:36.720 --> 00:45:41.440
you get to the next screen here. Oh, one of the boxes has not been checked.

733
00:45:42.080 --> 00:45:45.680
Oh, somehow it got unchecked. I don't know how it got unchecked, but it did.

734
00:45:45.680 --> 00:45:52.960
You click validate, and there you go. Now everything's ready to file at this point.

735
00:45:52.960 --> 00:45:57.280
If you click on the input here, you see everything that you entered.

736
00:45:59.280 --> 00:46:08.800
So, we're filing for Byzantium, standard characters. That's the entity's name,

737
00:46:08.800 --> 00:46:14.240
the address of the entity, the phone number, the email address, the company type, and the

738
00:46:14.240 --> 00:46:21.600
state of incorporation, the international class of the application, the goods that

739
00:46:21.600 --> 00:46:28.560
are associated with it. It's a section 1A, which is the actual use. This is data of use internally,

740
00:46:28.560 --> 00:46:35.920
data of use anywhere in the world, the specimen that was filed, the description of the specimen,

741
00:46:37.280 --> 00:46:41.120
and then there are other ones that we listed, but none of those are used yet,

742
00:46:41.120 --> 00:46:46.240
so they're all section 1B, and that's it, and it gives you the price and the information.

743
00:46:47.440 --> 00:46:50.720
Now, I'm not going to do the rest, because if I do the rest, it's actually going to submit,

744
00:46:50.720 --> 00:46:54.800
and I'm not going to do that, but after all that's done, the attorney will look through

745
00:46:54.800 --> 00:47:00.000
literally every single part of this. Again, make sure the specimen's right. Look at the XML file.

746
00:47:00.000 --> 00:47:06.960
Make sure this stuff is all correct. There's nothing wrong in the XML file. If nothing's wrong

747
00:47:06.960 --> 00:47:12.880
with the XML file as well, they're going to look at the text form as well. Make sure everything's

748
00:47:12.880 --> 00:47:21.440
correct there. If all that's correct, then what they'll do is they will click on this button here,

749
00:47:22.480 --> 00:47:26.480
confirming that they read everything, and then they'll paste submit.

750
00:47:29.200 --> 00:47:36.320
That is a breakdown of a trademark application filing beginning to end.

751
00:47:37.920 --> 00:47:40.880
Now, there's pieces that are really busy to happen in between there,

752
00:47:40.880 --> 00:47:46.800
but that's literally every single part of a trademark application. If you're thinking to

753
00:47:46.800 --> 00:47:51.520
yourself, all right, I've got to file an application, and I've been using it, you should be asking

754
00:47:51.520 --> 00:47:57.840
yourself, well, where's the specimen? Before you even call a lawyer, what you don't want to do is

755
00:47:57.840 --> 00:48:03.600
call the lawyer and then spend a half hour talking about, oh, what do I need for an application?

756
00:48:03.600 --> 00:48:08.880
You know what you need for an application, because now you just spent $300 on the phone

757
00:48:08.880 --> 00:48:16.080
with a $600 an hour attorney asking information that you learned for $95, or in this case,

758
00:48:16.080 --> 00:48:23.440
for 195 on top of that. You've got all the information you need, put it all together,

759
00:48:24.320 --> 00:48:28.960
and then present it to your attorney. Say, hey, I'd like to file an application.

760
00:48:29.600 --> 00:48:36.240
Here's the international class. Here are the goods or services. Here's the specimen. Here's the name.

761
00:48:36.240 --> 00:48:41.280
Here's my corporation. Here's the state of incorporation. Here's the address of the

762
00:48:41.280 --> 00:48:47.360
corporation. Here's the email address that I like to utilize. Here's the backup email address that I

763
00:48:47.360 --> 00:48:54.800
like to utilize. Please file on my behalf. Clients like that make my life easy.

764
00:48:55.760 --> 00:49:01.280
That I go all day, like go for it. I speak to my paralegal, have them put it all together,

765
00:49:01.280 --> 00:49:06.880
and I spend time reviewing everything, much more straightforward. That's why I made it part of my

766
00:49:06.880 --> 00:49:13.440
own package. If you look at the package that I have, that I've given all of you, should you

767
00:49:13.440 --> 00:49:20.720
decide to partake in that, you're actually going to get a form from my team because you become an

768
00:49:20.720 --> 00:49:26.000
actual attorney. Attorney, yeah, that would be hilarious. For $95, you become an attorney.

769
00:49:26.880 --> 00:49:34.800
That came right out of a crackerjack box. What you actually get is a trademark application form.

770
00:49:35.600 --> 00:49:42.320
On the application form, which we created, my own team, it has the boxes to fill in for each of

771
00:49:42.320 --> 00:49:48.000
these things. You put all that stuff together. My team then takes all that, gets it to me.

772
00:49:48.000 --> 00:49:52.320
They do a bunch of work on it. They get it ready to file. They send it to me. I review it all,

773
00:49:52.320 --> 00:49:59.600
everything that I just did there. Then it gets filed. Very clean, very clean. That's the way

774
00:50:00.000 --> 00:50:06.080
you should be working with attorneys, not, hey, what do I do? I don't know. No, you should,

775
00:50:06.080 --> 00:50:11.200
you should have a good handle on this. Otherwise, you spend so much money. And I'd much rather you

776
00:50:11.200 --> 00:50:15.200
don't, you know, you don't do that. I want to respect your time and their time too. Because

777
00:50:17.040 --> 00:50:21.280
so that's why that's actually part of the package. It includes a quick trademark search,

778
00:50:22.160 --> 00:50:27.840
plus includes a trademark application. And the the filing fee with the United States

779
00:50:27.920 --> 00:50:32.640
Patent and Trademark Office is included. Plus the trademark application filing is included.

780
00:50:32.640 --> 00:50:39.040
Everything's included in that one fee. Okay. Ray, were you gonna say something? Are you all good?

781
00:50:40.880 --> 00:50:46.080
No, all good. Okay. All right. Does anybody have any questions about what we've done so far?

782
00:50:47.040 --> 00:50:51.600
So I'm checking to see if anybody have any questions? No. So it's pretty simple to follow

783
00:50:51.600 --> 00:50:56.400
along. Right. So that's why I want to do that slowly. Make sure everybody understood every

784
00:50:56.400 --> 00:51:01.520
single part of it. Now, let me answer a few questions that I get quite often.

785
00:51:04.960 --> 00:51:09.280
I get people asking this question. They say, there's a trademark that has three words.

786
00:51:09.280 --> 00:51:12.400
I want to use two of those words with another word. Can I do that?

787
00:51:13.920 --> 00:51:19.600
It always comes down to likelihood of confusion analysis. Does it look the same? Does it sound

788
00:51:19.600 --> 00:51:24.960
the same? Similar goods and services? What's the cost of the product or the service? These are the

789
00:51:24.960 --> 00:51:30.800
things you're going to look at every single time. It's always the same analysis. So if somebody owns

790
00:51:30.800 --> 00:51:38.320
like Microsoft Excel and you want to use Excel, then you should be doing a trademark search for

791
00:51:38.320 --> 00:51:45.120
Excel alone and see, oh wow, Microsoft actually uses, actually owns the word Excel alone

792
00:51:46.000 --> 00:51:50.160
in international class nine, which is associated with software. I can't use it.

793
00:51:51.040 --> 00:51:56.480
But if there's a trademark application that is, or a trademark that's owned by the other party

794
00:51:57.040 --> 00:52:01.520
and they have a disclaimer of a word, that means they're saying that they don't own that word.

795
00:52:02.560 --> 00:52:06.080
So let me see if I can show you an example of what a disclaimer is.

796
00:52:08.240 --> 00:52:16.480
See if I can get lucky here and show you an example of a trademark where there was a disclaimer.

797
00:52:17.360 --> 00:52:20.080
So you can see what it looks like when you do your trademark searching.

798
00:52:22.000 --> 00:52:25.920
Okay, close all that and open this. Done. Okay, here we go.

799
00:52:30.720 --> 00:52:32.000
All right, trademark search.

800
00:52:35.040 --> 00:52:39.120
So basically it would be a trademark where one of the words

801
00:52:39.120 --> 00:52:43.440
is a commonly used word. So they can't own that one word alone.

802
00:52:43.600 --> 00:52:44.320
Let me see.

803
00:52:46.480 --> 00:52:49.680
I recall some from our audits. We came across some of those.

804
00:52:52.240 --> 00:52:52.800
Oh, we did?

805
00:52:54.240 --> 00:52:58.800
Yeah, it was probably about three or four audits ago. We came across one, but I can't recall.

806
00:53:00.000 --> 00:53:06.160
Yeah, let me see. I'm just trying to think of some good trademarks that are out there that are like

807
00:53:07.120 --> 00:53:09.120
that fall into that category.

808
00:53:12.160 --> 00:53:18.400
Nothing's jumping to mind. Anyways, you'll see. Let me just type. I'll type in a word,

809
00:53:19.360 --> 00:53:26.080
see what comes up, and then I will. Here we go. Okay, I found one already. Let's see if this works.

810
00:53:28.160 --> 00:53:30.080
If I could find a disclaimer on one of these.

811
00:53:37.040 --> 00:53:40.880
Okay, here we go. Does this have a disclaimer?

812
00:53:42.640 --> 00:53:48.640
Yeah, all right. Here's a good example. Share my screen. Thank you, God, for the example.

813
00:53:50.720 --> 00:53:57.600
Okay, here's an example. There was a trademark application filed for Nike Unlimited Care LLC

814
00:53:57.600 --> 00:54:02.480
by Nike Unlimited Care, DBA Nike Unlimited Care, blah, blah, blah. See how it says right here,

815
00:54:03.440 --> 00:54:07.200
no claim is made to exclusive right to use Unlimited Care LLC.

816
00:54:09.440 --> 00:54:15.280
That's called a disclaimer. See, it says right here, disclaimer. That means you can use Unlimited

817
00:54:15.280 --> 00:54:22.640
Care LLC because they disclaimed ownership to that. Let's say instead of using Nike Unlimited

818
00:54:22.640 --> 00:54:35.360
Care LLC, you want to use, let's say, Flair, F-L-A-I-R. You want to do Flair Unlimited Care

819
00:54:35.360 --> 00:54:42.560
LLC. Well, they disclaimed the words Unlimited Care LLC, so they can't stop you from using

820
00:54:42.560 --> 00:54:49.600
Unlimited Care LLC. If I come out with Flair Unlimited Care LLC, Flair does not look like Nike

821
00:54:49.680 --> 00:54:53.680
in any way, shape, or form. Technically, I shouldn't have an issue.

822
00:54:55.440 --> 00:54:59.920
That's the way that analysis is done. If you see a disclaimer and something that is returned to you,

823
00:55:00.000 --> 00:55:05.760
That means they don't own it and they can't stop you for using it because it's disclaimed. They don't own that

824
00:55:07.360 --> 00:55:09.360
Okay, that's the way that analysis works

825
00:55:09.840 --> 00:55:13.600
All right. Does anybody have any questions? We went really really really deep today

826
00:55:13.680 --> 00:55:18.080
I don't want to like blow somebody's brains before we get into fun stuff like copyrights. So

827
00:55:18.560 --> 00:55:22.800
Um, especially with gatorinas question, man. That was that was deep

828
00:55:23.360 --> 00:55:29.520
But um, does anybody have any question on anything that we've covered so far or anything in trademarks at all?

829
00:55:30.320 --> 00:55:32.320
If you do you can just unmute

830
00:55:33.760 --> 00:55:35.840
I have hair splitting questions on spelling

831
00:55:38.320 --> 00:55:44.640
So, you know how when people are domain searching and they can't find the actual word available

832
00:55:45.040 --> 00:55:47.200
And so they just kind of tweak the spelling

833
00:55:48.480 --> 00:55:52.480
How does that apply for when you're applying for trademark?

834
00:55:53.200 --> 00:55:59.600
Yeah, that's a good question. Um, so phonetic equivalents are supposed to pop up when you do a trademark search

835
00:56:00.000 --> 00:56:04.720
If anybody doesn't know what phonetic equivalents are basically things that sound the same, but they're spelled differently

836
00:56:05.360 --> 00:56:07.360
Right. So they're there they're

837
00:56:08.480 --> 00:56:15.200
Right. I didn't say that to make everybody feel better because we're training in a lot of content. I said that because there's t-h

838
00:56:17.280 --> 00:56:24.960
E r e t h e i r e i r. Yep, and then there's t h e y

839
00:56:25.500 --> 00:56:31.280
Apostrophe re I think that's another one, right? So there's there they're there there's lots of different theirs

840
00:56:31.440 --> 00:56:32.400
Okay

841
00:56:32.400 --> 00:56:34.400
so with that being the case

842
00:56:34.480 --> 00:56:41.920
When you search for their t h e r e it should come up with the e i r and the e y

843
00:56:42.300 --> 00:56:44.160
Apostrophe re

844
00:56:44.160 --> 00:56:46.880
I can tell you honestly, it does not work all the time

845
00:56:47.600 --> 00:56:50.320
I tell you as a fact it does not work all the time

846
00:56:50.880 --> 00:56:52.880
um, the uspto website

847
00:56:53.600 --> 00:56:59.520
Is good, but it's I think it's probably 60 65 percent efficient

848
00:57:00.240 --> 00:57:02.240
Um, but it's a free tool

849
00:57:02.640 --> 00:57:06.640
So if you have like five or six different trademarks that you're looking at you can knock out

850
00:57:07.040 --> 00:57:10.400
A good three or four real easily by doing a quick search on your own

851
00:57:11.360 --> 00:57:15.120
But I wouldn't I wouldn't then take the two that I left over and go. Yay

852
00:57:15.360 --> 00:57:19.040
I own these like then I would actually get a real search done

853
00:57:19.680 --> 00:57:21.680
There's a company called thompson reuters

854
00:57:22.480 --> 00:57:24.880
Probably the best trademark searching company in the world

855
00:57:26.380 --> 00:57:31.360
Absolutely phenomenal. I use them for all my clients when they get to the point where

856
00:57:32.160 --> 00:57:34.720
Um, they definitely are ready to like, you know

857
00:57:35.280 --> 00:57:38.640
To own like this is their main brand. This is a big deal

858
00:57:39.120 --> 00:57:43.680
It it's a charge of their fee is eight hundred and twenty dollars just for the search

859
00:57:44.560 --> 00:57:49.120
And they come back with a book like it's like this thick it has corporate names

860
00:57:49.120 --> 00:57:51.380
It has state registrations federal registrations

861
00:57:52.160 --> 00:57:54.160
Um, it has domain names

862
00:57:54.880 --> 00:58:00.560
Uh google searches other searches publications like it has everything in one thick book

863
00:58:01.120 --> 00:58:04.720
And the beauty of it is that they also send it to you electronically so you can search it

864
00:58:05.820 --> 00:58:11.040
Electronically it is it's a really good deal. So if this is like a really important trademark to you

865
00:58:11.840 --> 00:58:17.360
I would look at potentially getting a thompson reuters search that search is not included in that package

866
00:58:17.360 --> 00:58:20.880
Just so everybody knows that eight hundred and twenty dollars search is not included

867
00:58:21.440 --> 00:58:26.800
Um, what we do is we'll do like a top level search for you using the uspto website and some other sites

868
00:58:27.440 --> 00:58:31.120
Uh, but if I drop it in the chat too there for you thompson reuters

869
00:58:31.760 --> 00:58:38.560
Yeah, that that is a they're a good company. I have visited their site. I know people there. They are very good

870
00:58:39.280 --> 00:58:42.640
It's high security to get into that place. You can't even get inside

871
00:58:43.360 --> 00:58:44.240
um

872
00:58:44.320 --> 00:58:47.920
Without clearance to get inside because their records are really solid. So

873
00:58:48.800 --> 00:58:50.560
um

874
00:58:50.560 --> 00:58:55.200
You definitely should should look at that if you've got a trademark that is extremely important to your company

875
00:58:55.760 --> 00:58:59.920
I would look at having a real search done. But what I would not do just to be clear

876
00:59:00.720 --> 00:59:05.680
I would not go out and just hire thompson reuters without having done your own uspto search first

877
00:59:06.160 --> 00:59:08.320
That will be an extreme waste of your money

878
00:59:10.000 --> 00:59:13.940
If you could have gone on to the uspto website and done a search like I showed you yesterday

879
00:59:14.320 --> 00:59:17.840
And realize that it's dead. You won't waste 820 bucks

880
00:59:18.880 --> 00:59:21.280
All right, but if it looks like it's it's good

881
00:59:22.080 --> 00:59:25.440
then you can reach out to them to confirm it before you spend like

882
00:59:26.540 --> 00:59:28.540
1200 to 1500 or more

883
00:59:29.040 --> 00:59:31.440
on filing of a trademark application, okay

884
00:59:32.560 --> 00:59:34.560
Okay, carolina. Yes

885
00:59:35.280 --> 00:59:36.320
um

886
00:59:36.320 --> 00:59:38.320
You just reminded me of something

887
00:59:39.120 --> 00:59:40.880
you said um

888
00:59:40.880 --> 00:59:44.960
If it's dead, then it's fine you you can go forward with your own

889
00:59:45.920 --> 00:59:47.920
Is that yours not necessarily?

890
00:59:48.000 --> 00:59:52.720
I mean what I would do is if if you do a trademark search and you see a trademark is dead

891
00:59:53.200 --> 00:59:56.880
I would do further research to make sure that it's not being used because

892
00:59:57.520 --> 01:00:00.000
Just because on the uspto website it says it's dead

893
01:00:00.000 --> 01:00:01.760
that does not mean the company is not using it.

894
01:00:01.760 --> 01:00:04.360
It just means that they didn't renew their trademark.

895
01:00:04.360 --> 01:00:05.200
For that.

896
01:00:05.200 --> 01:00:07.600
So if it's dead, but they are still using it,

897
01:00:07.600 --> 01:00:11.120
then you can't, is that correct?

898
01:00:11.120 --> 01:00:11.960
Not necessarily.

899
01:00:11.960 --> 01:00:13.080
Or does it get more complicated?

900
01:00:13.080 --> 01:00:16.320
Not, yeah, so man, you ask the deep questions.

901
01:00:16.320 --> 01:00:17.140
This is so good.

902
01:00:17.140 --> 01:00:18.160
I love these questions.

903
01:00:18.160 --> 01:00:19.640
These are good questions.

904
01:00:19.640 --> 01:00:22.120
All right, so let me explain exactly what you,

905
01:00:22.120 --> 01:00:24.600
what you asked is a really good question.

906
01:00:24.600 --> 01:00:27.160
So you can notice like I come to life

907
01:00:27.160 --> 01:00:29.200
when I get questions like this, love this.

908
01:00:29.200 --> 01:00:31.920
All right, so here's the way that it plays out.

909
01:00:31.920 --> 01:00:34.240
If somebody has a federal registration

910
01:00:34.240 --> 01:00:35.440
and they don't renew it,

911
01:00:36.960 --> 01:00:40.120
they lose ownership throughout all the United States,

912
01:00:40.120 --> 01:00:42.080
but then it falls back on what?

913
01:00:43.320 --> 01:00:44.600
Common law rights.

914
01:00:45.560 --> 01:00:48.480
So now it comes down to where have they actually

915
01:00:48.480 --> 01:00:51.680
used the trademark in interstate commerce.

916
01:00:51.680 --> 01:00:54.680
So if they've, if they've done sales in,

917
01:00:54.680 --> 01:00:56.820
oh, Larissa, you can head out.

918
01:00:56.820 --> 01:00:57.660
She go already.

919
01:00:57.660 --> 01:00:58.480
Okay, good.

920
01:00:59.360 --> 01:01:00.840
Yeah, I know Larissa had another meeting.

921
01:01:00.840 --> 01:01:02.560
I went over today.

922
01:01:02.560 --> 01:01:03.760
Surprise.

923
01:01:03.760 --> 01:01:05.320
I'm about to go jump on a plane too.

924
01:01:05.320 --> 01:01:06.140
So I'm gonna jump on my phone.

925
01:01:06.140 --> 01:01:06.980
Yeah, I know you are.

926
01:01:06.980 --> 01:01:08.680
I'm gonna finish in like two minutes.

927
01:01:08.680 --> 01:01:10.040
I'll finish in two minutes.

928
01:01:11.120 --> 01:01:14.560
So what'll happen is

929
01:01:18.280 --> 01:01:21.080
if they stop, if they don't have the registration anymore,

930
01:01:21.080 --> 01:01:22.600
it comes down to common law usage.

931
01:01:22.600 --> 01:01:25.280
And so you look at what are specific geographical regions

932
01:01:25.280 --> 01:01:26.640
in which they've used it.

933
01:01:26.640 --> 01:01:28.320
And those regions you couldn't do it,

934
01:01:29.160 --> 01:01:30.000
but in other regions you could

935
01:01:30.000 --> 01:01:32.280
because they no longer have a federal registration.

936
01:01:32.280 --> 01:01:36.760
So now it becomes jurisdictional district

937
01:01:36.760 --> 01:01:40.180
versus jurisdictional, man, that's hard to say.

938
01:01:40.180 --> 01:01:44.760
Jurisdictional district versus jurisdictional district.

939
01:01:45.680 --> 01:01:47.520
Wow, that was tough.

940
01:01:47.520 --> 01:01:49.360
So that becomes the battle.

941
01:01:49.360 --> 01:01:54.000
So now Destin, Florida versus like Pensacola, Florida,

942
01:01:54.000 --> 01:01:56.000
they can both coexist.

943
01:01:56.000 --> 01:01:57.520
No issue, right?

944
01:01:57.560 --> 01:01:59.680
But whoever had the federal registration

945
01:01:59.680 --> 01:02:01.080
owned all the United States.

946
01:02:01.080 --> 01:02:03.360
Once they let it expire, it's dead, it's over.

947
01:02:05.920 --> 01:02:07.800
What's up, kitty?

948
01:02:07.800 --> 01:02:11.400
All right, so with that, I'm going to close.

949
01:02:13.040 --> 01:02:15.720
Does anybody else have a question before I close?

950
01:02:15.720 --> 01:02:17.520
No, okay, all right, cool.

951
01:02:17.520 --> 01:02:19.840
Tomorrow we jump into copyrights.

952
01:02:19.840 --> 01:02:22.520
Big, big, big subject matter.

953
01:02:22.520 --> 01:02:25.420
We're gonna dig into a lot of different things there.

954
01:02:25.420 --> 01:02:28.340
So if you got questions, make sure you bring them with you.

955
01:02:28.340 --> 01:02:30.940
I think Tekenya typed one out.

956
01:02:32.580 --> 01:02:33.420
Tekenya?

957
01:02:35.580 --> 01:02:36.420
I'm probably butchering her name.

958
01:02:36.420 --> 01:02:38.140
Did you type a question, Tekenya?

959
01:02:39.260 --> 01:02:40.100
What is it?

960
01:02:40.100 --> 01:02:41.100
Let me see.

961
01:02:41.100 --> 01:02:42.740
Can you unmute?

962
01:02:42.740 --> 01:02:43.740
Yeah, you're muted.

963
01:02:45.100 --> 01:02:46.380
Yeah, that was in my question.

964
01:02:46.380 --> 01:02:49.200
My son's watching TV in the background,

965
01:02:49.200 --> 01:02:51.780
so I typed my question instead.

966
01:02:51.780 --> 01:02:53.040
Can you hear me? Oh, you sound clear.

967
01:02:53.040 --> 01:02:54.140
Yeah, you sound clear, you're fine.

968
01:02:54.140 --> 01:02:58.820
Okay, okay, so I just, all of my businesses,

969
01:02:58.820 --> 01:03:00.700
especially because they revolve around my name,

970
01:03:00.700 --> 01:03:01.820
which is already unique,

971
01:03:01.820 --> 01:03:06.820
I haven't found anything that's even close in the search,

972
01:03:07.020 --> 01:03:09.900
and I already own the dot-coms to all of them.

973
01:03:09.900 --> 01:03:14.260
Do I need to bother working through the other factors?

974
01:03:14.260 --> 01:03:17.200
Yeah, so ownership of your own name.

975
01:03:18.100 --> 01:03:20.220
With the United States Patent and Trademark Office,

976
01:03:20.220 --> 01:03:22.380
you can't own your name unless you're well-known,

977
01:03:22.380 --> 01:03:23.900
like famous.

978
01:03:24.660 --> 01:03:25.500
Okay, that's basically how it looks.

979
01:03:25.500 --> 01:03:28.580
So I've been using Tekenya Rosetta

980
01:03:28.580 --> 01:03:30.940
to sign my artwork for 20 years.

981
01:03:30.940 --> 01:03:31.780
I mean, like-

982
01:03:31.780 --> 01:03:33.260
So that would be your argument then.

983
01:03:33.260 --> 01:03:35.220
Your argument would be that you are-

984
01:03:35.220 --> 01:03:37.620
And I have, I own a business license

985
01:03:37.620 --> 01:03:39.340
called Tekenya Rosetta

986
01:03:39.340 --> 01:03:43.020
that all of my contract services for photography

987
01:03:43.020 --> 01:03:45.540
and painting and everything goes under.

988
01:03:45.540 --> 01:03:47.540
On your own application,

989
01:03:47.540 --> 01:03:51.860
you would select that you are quote-unquote famous, right?

990
01:03:51.860 --> 01:03:53.260
And then on top of that,

991
01:03:54.380 --> 01:03:57.140
and that's the way you got to do it, and that's okay.

992
01:03:57.140 --> 01:04:01.140
But what you end up doing is you're disclaiming your name,

993
01:04:01.140 --> 01:04:04.460
just so you know, you end up disclaiming your name.

994
01:04:04.460 --> 01:04:07.580
So you essentially lose rights to your own name.

995
01:04:07.580 --> 01:04:10.380
If you file in the name of a company,

996
01:04:10.380 --> 01:04:13.460
then you're giving your company rights to your name.

997
01:04:13.460 --> 01:04:16.860
Or this sounds like probably stuff we need to go over.

998
01:04:16.860 --> 01:04:17.700
I would.

999
01:04:17.700 --> 01:04:19.060
My meeting with you.

1000
01:04:19.060 --> 01:04:21.620
Yes, honestly, I would because-

1001
01:04:21.620 --> 01:04:22.940
I'm gonna buy your offer.

1002
01:04:22.980 --> 01:04:24.980
I just had to move some money around, so.

1003
01:04:24.980 --> 01:04:25.900
Yeah, sure.

1004
01:04:25.900 --> 01:04:28.420
No, it'd be an honor to work with you, honestly.

1005
01:04:28.420 --> 01:04:29.260
It really would be.

1006
01:04:29.260 --> 01:04:30.620
I like you personally, so.

1007
01:04:30.620 --> 01:04:32.060
I think the- Oh, thanks.

1008
01:04:32.060 --> 01:04:33.860
Yeah, but I think the,

1009
01:04:33.860 --> 01:04:35.500
like if you think of people like Tony Robbins,

1010
01:04:35.500 --> 01:04:36.340
he owns his name.

1011
01:04:36.340 --> 01:04:37.900
Grant Cardone, he owns his name.

1012
01:04:37.900 --> 01:04:38.740
Sure. Other people,

1013
01:04:38.740 --> 01:04:39.580
they own their name.

1014
01:04:39.580 --> 01:04:40.900
But what they're doing is they're giving rights

1015
01:04:40.900 --> 01:04:44.340
to their name to a corporation.

1016
01:04:44.340 --> 01:04:45.380
Yeah. So that's one thing

1017
01:04:45.380 --> 01:04:46.220
that they have to- Well, so,

1018
01:04:46.220 --> 01:04:49.380
but I'm gonna be producing products under my name.

1019
01:04:49.380 --> 01:04:50.820
So I guess that's all stuff we'll need.

1020
01:04:50.820 --> 01:04:51.980
We just need to talk about it.

1021
01:04:51.980 --> 01:04:52.980
We'll talk about that.

1022
01:04:52.980 --> 01:04:54.380
Yeah, we'll talk about that. Yeah, okay.

1023
01:04:54.380 --> 01:04:55.220
All right, my friends.

1024
01:04:55.220 --> 01:04:56.460
I am going to jump off.

1025
01:04:56.460 --> 01:04:57.820
Ray, thank you for staying later

1026
01:04:57.820 --> 01:04:59.860
than we originally intended.

1027
01:05:00.000 --> 01:05:00.840
Bless all of you.

1028
01:05:00.840 --> 01:05:02.560
I will catch you tomorrow.

1029
01:05:02.560 --> 01:05:05.280
Congratulations on completing day two

1030
01:05:05.280 --> 01:05:07.600
of the Five Day Protector Idea Challenge.

1031
01:05:07.600 --> 01:05:09.520
Have a wonderful evening, everybody.

1032
01:05:09.520 --> 01:05:10.360
Take care.