WEBVTT

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Okay, all right, so what we're going to cover today, I mean, first of all, this is the last

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VIP session, guys.

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So I want to welcome all of you, congratulate you for making it through the entire week.

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You guys have gotten a double dose, like everybody in a normal challenge receives certain training,

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but you guys got double that.

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So I hope you see how much you've learned.

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And now that you have the videos, the nice part is since you're in VIP, you get them

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for 90 days.

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So you can continue to go back and look at your own videos for 90 full days.

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Let me see if I can find out what is going on here.

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And let me share my screen.

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All right, uspto.gov and let's do a search.

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Share my screen.

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Ta-da!

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All right.

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They changed the front page.

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It was different.

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When we started the challenge, it was different.

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So they changed the front page.

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Okay, so one of the things that before I jump into this, how many people here have logos

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for their companies by show of hands, like physical hands or virtual hands?

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Because if nobody has logos and nobody's interested in logos, then I won't go through this.

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But I want to see if people are interested in learning how to actually search for logos.

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We got a hand.

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Natalie is interested.

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Is anybody else interested in learning about how to search logos?

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Because I could just send Natalie the video.

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I need one.

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Yes.

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Heather does.

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Tony does.

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Okay.

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All right.

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So there are a few people that are interested in logos.

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Okay.

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Got it.

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Yeah, we had a connection issue.

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So we just fixed it and we're all live now.

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Okay, cool.

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All right.

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So I'm going to show you guys how to actually search P2.

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All right, cool.

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I'm going to show you all how to actually search logos on the United States Patent and Trademark

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Office.

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This is kind of different.

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So let's do this.

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I go to trademarks.

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I go to searching.

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Let me wait till you can see it.

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So start off the beginning, go to trademarks, searching, come down here to search.

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Okay.

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You are only going for logos.

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You are only going to use this one here, the design mark search.

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All right.

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So you can use this other one, but you need to know how to type Boolean logic.

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I'm not going to try to train you guys in Boolean logic now, especially on the fifth

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day.

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It'll just fry your brain.

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So what I'm going to do is show you right here.

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Structured is what you're going to click.

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All right.

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When you click that, you're going to use as the field, if you just go down slowly, you'll

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see description of mark is one there.

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Let me show you another one that you can use.

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Description of mark is a good one.

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Design code, you could use that, but what most of the time I use is design description.

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Okay.

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That's usually the one that I'm going to use.

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So if I do design description, then I type in what exactly is it about the design?

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Okay.

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Something that's distinguished.

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So let me do this.

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You guys can unmute right now and let's kind of, let's say you, let's create a logo.

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Let's just create a logo together.

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So just like we were running a real company, let's create a logo together.

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So what might be some of the features of the logo that you'd want to use?

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Circle.

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A circle.

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Okay.

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So we got, I'm going to type it in the chat.

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So we know that one of the features of the design is going to be a circle.

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What else?

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What else should we put in there guys?

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Different people that, you know, just give me other objects that you want in the design

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that you're creating.

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This is just like you're creating your own company right now.

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It's just, this is exactly what we would do in our own company.

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A purple elephant.

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Okay.

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There's an elephant.

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Let's do an elephant.

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So we got purple.

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We got an elephant.

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What was that Heather?

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Under a tree.

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Under a tree.

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All right.

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I'm going to try to take one thing from each person.

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So we've got, Heather has a circle, Tony has an elephant.

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What else do we want in this logo that has a circle and an elephant?

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Anybody want to offer something?

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I'll take one more thing.

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Anything?

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Tree.

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Come on, David, the logo man.

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You got anything?

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Nobody's got an idea?

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And just so you guys understand, coming up with a logo is a tough thing to do for a company.

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It really is.

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Cigar.

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A cigar.

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Oh, I like this.

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Yes.

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A cigar.

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We got a circle with an elephant and a cigar.

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All right.

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Now we're talking.

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Now we're talking.

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It just got interesting.

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Okay.

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Here we go.

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So we got in the design description, we're going to put in elephant, and I'm going to

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put, I can't think of that there's any trademarks out there that have an elephant and a cigar,

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but we're going to look anyway.

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So let's start out.

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Let's do this cigar.

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So if I were doing like a trademark search for this logo, and I know it's going to be

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a circle, an elephant and a cigar in it, I would start out with the things that are most

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distinguished.

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Like if I did a trademark search for a circle, there are going to be so many results.

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It'll be very hard to like weed through them all.

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So I would start out with the most unique part, like a cigar.

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Definitely.

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Elephant, definitely.

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So when I did a search, I would start by including both, and then I would search for each one

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individually.

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So I'm pretty sure, I haven't pushed this button yet, but I'm like pretty sure there's

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no logos out there with an elephant and a cigar.

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It's going to make me laugh if there is, but no way.

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What?

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Okay.

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I've got to see this.

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All right.

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So this is what you're going to do.

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You're going to click image list next.

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Get out.

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No way.

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There are trademark logos with elephants and cigars.

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That is crazy.

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I never knew this was the case.

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Wow.

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Okay.

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Well, apparently the rhino is the same category as elephant.

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So they give you rhinos with cigars.

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They've got giraffes with cigars.

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This is great.

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Okay.

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So I just showed you.

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Oh my gosh.

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Look at this one here.

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White elephant with a gigantic cigar and a circle and a circle too.

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Wow.

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Wow.

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Wow.

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That's kind of hilarious.

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I did not expect this at all.

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All right.

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So let's go through white elephant.

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I'll show you what I would do if I did this search and I came up with this.

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First of all, I would be shocked.

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I was like, what?

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The only thing I was thinking of was like camel Joe with the cigarette, but

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an elephant.

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I was like, what?

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Okay.

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So I'm going to start out by getting out of the logos.

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Because I just looked immediately to see if everything was a logo.

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Everything appears to be a logo.

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So what I'm going to do now is go back to the list itself without the

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logos.

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And I'm going to look to see which ones are alive.

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Right?

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I'm going to start from the oldest first.

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Let's see how many there are.

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49 records.

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Okay.

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So I start from the oldest first.

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Now, when you look at the trademark search results, you'll see this word

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dead.

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You see that word dead?

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Is it too small?

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I can make it bigger.

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There we go.

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Can you see the word dead now?

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There?

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Okay.

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Wonderful.

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All right.

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So dead means that either the trademark was alive and then it went

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abandoned or they filed an application.

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No, it's typically the trademark was alive and it went abandoned.

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And you can tell by these registration numbers.

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These are registration numbers.

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But then these over here never got a registration number.

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So that means to me that somebody filed it and then they abandoned the

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application.

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So I would start by looking at the ones that are alive.

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That's where I would start.

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So I start over here and I see live and I click on that one.

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And there's an elephant.

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And this must be a cigar brand of some sort.

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Yep.

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It's for cigars.

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Cigars with an elephant.

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Right?

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So then I go back and I look at my next one.

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Dead, dead.

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Here's a live one.

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Now, since there's no words on it, that means it's dead.

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is that it's purely a logo with no words.

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When you get a result that has words,

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that means that the logo has words with it.

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But here it doesn't, it just has the logo alone.

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So I click on the logo and it is a scary looking elephant.

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Some scary looking blue elephant.

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I'm not sure why this one came up

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because this clearly has nothing to do with,

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oh my gosh, this is a long recitation of goods.

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Look at that, that is really long.

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But it does have in there cigar bands.

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So, okay.

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All right, so now I keep going up

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to the next one that's live.

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Click on the next one, that's an elephant.

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And it must be for cigars if I keep going down.

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There it is, cigar lighters.

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So what I'm looking for is a trademark

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that is similar to what I wanna use.

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And that's not even close.

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White elephant I think was the one that I was curious about.

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All right, so white elephant apparently

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must be some kind of cigar brand.

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Oh no, it says excluding cigars, okay.

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All right, so this actually is a good example.

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So here we have a white elephant.

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It's for tobacco products, but it says excluding cigars.

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One of the few reasons why somebody would add the language,

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all of the foregoing excluding cigars,

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is because they in fact,

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there must be another trademark registration

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that is for cigars.

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So they were forced to say

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all of the foregoing excluding cigars.

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That's usually why, if you ever see this language,

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all the foregoing excluding whatever,

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it's usually because there's somebody

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who owns that other word, okay.

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So now I go back and I go to the next one.

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Here's a live one, trifecta.

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I don't know why this comes up.

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I don't see an elephant there.

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Heads of elephants.

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I don't see a head of an elephant there.

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I don't know what that is.

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White elephant over here.

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Oh, this is the one that bothers me.

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This is the one that bothers me the most.

268
00:12:30.000 --> 00:12:33.560
White elephant for cigars, boom.

269
00:12:33.560 --> 00:12:37.800
So I just showed you how to do a trademark search for logos

270
00:12:37.800 --> 00:12:42.800
by looking at the description of the actual design

271
00:12:44.100 --> 00:12:46.800
using words that describe the design.

272
00:12:47.800 --> 00:12:50.920
And boom, here's one, white elephant, elephant, cigar.

273
00:12:52.100 --> 00:12:55.200
So to me, I'm concerned.

274
00:12:55.200 --> 00:12:58.000
At this point, I look at this and I go,

275
00:12:58.000 --> 00:12:59.620
I don't think we have a very good chance

276
00:12:59.620 --> 00:13:03.400
of getting our own trademark for an elephant with a cigar.

277
00:13:04.600 --> 00:13:06.640
And here you've even got a circle.

278
00:13:07.840 --> 00:13:10.160
Oh, and look, there's even a palm tree.

279
00:13:11.760 --> 00:13:13.760
Actually, I think that's more of a tobacco plant

280
00:13:13.760 --> 00:13:16.400
than a palm tree, but anyways, close enough.

281
00:13:17.080 --> 00:13:21.000
So to me, this is, when I look at this, I say, nope,

282
00:13:21.000 --> 00:13:23.480
we can't file, it's dead, don't even bother.

283
00:13:24.520 --> 00:13:27.680
Because it's the same international class for cigars,

284
00:13:27.680 --> 00:13:31.360
which is 34, and it's got an elephant

285
00:13:31.360 --> 00:13:32.520
and it's got the cigar.

286
00:13:34.840 --> 00:13:36.480
Does that make sense?

287
00:13:36.480 --> 00:13:38.600
Yeah, does anybody have any questions about that?

288
00:13:38.600 --> 00:13:41.280
I wanted to, searching for logos

289
00:13:41.280 --> 00:13:43.020
is one of the more complicated things

290
00:13:43.020 --> 00:13:47.500
because you got to use the exact words, right?

291
00:13:47.500 --> 00:13:49.140
But one of the things that I'm trying to do

292
00:13:49.140 --> 00:13:50.860
is give you tools that are free.

293
00:13:51.700 --> 00:13:52.820
Like this is a free tool.

294
00:13:52.820 --> 00:13:55.940
You can go on and do whatever you want with this thing

295
00:13:55.940 --> 00:13:58.560
and be absolutely fine.

296
00:13:58.560 --> 00:13:59.880
So that's the beauty of it,

297
00:13:59.880 --> 00:14:03.060
is that this search tool, free.

298
00:14:04.820 --> 00:14:07.100
So, but what I would be doing is,

299
00:14:07.100 --> 00:14:12.100
if you don't see something that is,

300
00:14:12.100 --> 00:14:14.940
let me go back and show you something real fast,

301
00:14:16.460 --> 00:14:19.020
just to help you guys out on searching.

302
00:14:19.020 --> 00:14:23.900
In this case, I searched for two words, elephant and cigar.

303
00:14:23.900 --> 00:14:26.120
If I found nothing, the next thing I would do

304
00:14:26.120 --> 00:14:28.340
is take the next thing that's most obscure,

305
00:14:28.340 --> 00:14:30.100
which is an elephant.

306
00:14:30.100 --> 00:14:32.060
Because I would think there's a lot of cigar things

307
00:14:32.060 --> 00:14:34.180
out there, but then I would just search

308
00:14:34.180 --> 00:14:36.740
for the elephant alone.

309
00:14:36.740 --> 00:14:40.780
When I search that, I get a lot of records,

310
00:14:40.820 --> 00:14:43.880
7,445 records, that's a lot.

311
00:14:44.860 --> 00:14:46.860
Then I click on the image list

312
00:14:46.860 --> 00:14:48.560
and I start going through them one by one

313
00:14:48.560 --> 00:14:50.960
until I find one that's close, right?

314
00:14:51.900 --> 00:14:53.620
But the other way that you can search this

315
00:14:53.620 --> 00:14:56.580
is if you know that you're going to cover cigars,

316
00:14:56.580 --> 00:14:58.040
you know there's an elephant in your logo,

317
00:14:58.040 --> 00:15:00.380
you can type over here, cigar.

318
00:15:00.000 --> 00:15:05.000
and then look at the goods and services

319
00:15:06.760 --> 00:15:07.780
and say, and.

320
00:15:09.020 --> 00:15:13.440
Now you've got logos that are,

321
00:15:13.440 --> 00:15:15.680
the products are cigars

322
00:15:15.680 --> 00:15:17.440
and there's an elephant in the logo.

323
00:15:17.440 --> 00:15:19.840
Now when I submit it, I only get 34 records.

324
00:15:19.840 --> 00:15:21.840
Do you see how I just reduced the number?

325
00:15:23.640 --> 00:15:26.000
So now I can click on the image list

326
00:15:26.040 --> 00:15:29.640
and these are all trademark logos

327
00:15:30.840 --> 00:15:35.760
for companies associated with cigars

328
00:15:36.800 --> 00:15:38.560
where there's an elephant that's included.

329
00:15:38.560 --> 00:15:41.360
That's a hippo, that's not an elephant, but in any case.

330
00:15:43.520 --> 00:15:46.280
That's how you do it, okay?

331
00:15:48.640 --> 00:15:49.720
I'm sure.

332
00:15:49.720 --> 00:15:50.760
Any questions on that?

333
00:15:50.760 --> 00:15:52.240
Oh, Heather, yes, go ahead.

334
00:15:53.240 --> 00:15:56.600
My question is in some of those ads,

335
00:15:56.600 --> 00:15:58.840
we saw the elephant and it was like,

336
00:15:58.840 --> 00:16:01.320
wait, but there's no cigar.

337
00:16:01.320 --> 00:16:05.760
And then, so the cigar was not actually in the logo,

338
00:16:05.760 --> 00:16:07.960
but it was in the description.

339
00:16:07.960 --> 00:16:10.320
So can you talk about that a little bit?

340
00:16:10.320 --> 00:16:13.440
Yeah, so if you look at the search that I just did,

341
00:16:16.440 --> 00:16:17.840
this is the search that I just did.

342
00:16:17.840 --> 00:16:21.720
I looked for elephants in the logo and cigar is the goods.

343
00:16:21.720 --> 00:16:25.920
So in that case, it won't have a cigar in the logo.

344
00:16:25.920 --> 00:16:27.560
If I come over here and I say,

345
00:16:27.560 --> 00:16:29.760
instead of goods and services,

346
00:16:29.760 --> 00:16:33.040
I say it's a description of design,

347
00:16:35.720 --> 00:16:40.720
design description and I search, now there's less.

348
00:16:42.720 --> 00:16:47.720
So now the results that I get are elephants with cigars.

349
00:16:48.720 --> 00:16:52.080
Now here's a camel with a cigar,

350
00:16:52.080 --> 00:16:54.560
but I think the reason for that is probably

351
00:16:54.560 --> 00:16:59.560
because the goods, I'll actually just show you.

352
00:17:01.280 --> 00:17:02.120
Here it is.

353
00:17:03.600 --> 00:17:08.599
The design search code associated with elephants

354
00:17:08.800 --> 00:17:11.200
also includes all these other animals.

355
00:17:13.000 --> 00:17:14.040
You see that?

356
00:17:14.040 --> 00:17:17.160
So what happens is after you file a trademark application,

357
00:17:17.599 --> 00:17:20.599
it gets categorized into a specific search code.

358
00:17:24.560 --> 00:17:27.359
And so one of the search codes is this one,

359
00:17:27.359 --> 00:17:28.880
which includes elephants,

360
00:17:28.880 --> 00:17:32.120
but that same search code includes other things.

361
00:17:32.120 --> 00:17:36.040
So when you search for elephants as a description,

362
00:17:36.040 --> 00:17:39.680
you're gonna get other stuff where elephants is included

363
00:17:39.680 --> 00:17:42.520
in the search code, even though it's not for an elephant.

364
00:17:44.760 --> 00:17:45.800
It's a little complicated,

365
00:17:45.800 --> 00:17:48.480
but basically you can see it right here.

366
00:17:48.480 --> 00:17:52.280
Why is it that I got logos for things for cigarettes

367
00:17:52.280 --> 00:17:54.000
when I'm searching for cigars?

368
00:17:54.000 --> 00:17:54.840
This is why.

369
00:17:55.840 --> 00:17:59.720
Because in that search code that includes cigars,

370
00:17:59.720 --> 00:18:01.800
it also includes cigarettes.

371
00:18:03.480 --> 00:18:08.480
So this is why I got camels with cigarettes,

372
00:18:11.000 --> 00:18:13.400
which is Smoking Joe essentially.

373
00:18:13.400 --> 00:18:14.920
That's why that result came up

374
00:18:14.920 --> 00:18:19.680
because elephants are in the same search code as camels

375
00:18:21.560 --> 00:18:24.760
and cigarettes are in the same search code as cigars.

376
00:18:26.400 --> 00:18:28.880
So that's why you're always gonna get a little more

377
00:18:28.880 --> 00:18:30.880
than exactly what you're searching for.

378
00:18:33.000 --> 00:18:33.880
Good question though.

379
00:18:33.880 --> 00:18:35.360
That's a really good question.

380
00:18:36.280 --> 00:18:38.840
All right, let me stop sharing there.

381
00:18:38.840 --> 00:18:42.120
Okay, any other questions on how to search logos?

382
00:18:42.120 --> 00:18:43.960
Ray, yeah, go ahead.

383
00:18:43.960 --> 00:18:46.640
I just have a question that came up as you're doing that.

384
00:18:46.640 --> 00:18:50.000
What if somebody has like a letter or a number

385
00:18:50.000 --> 00:18:51.440
in their logo mark?

386
00:18:51.440 --> 00:18:54.240
Like it's not a word mark, but it's an actual icon.

387
00:18:55.160 --> 00:18:58.080
Would you have to write the word letter or number

388
00:18:58.080 --> 00:19:00.160
when you're doing search terms?

389
00:19:00.160 --> 00:19:04.720
So if the logo has a number, you said, or a word?

390
00:19:04.720 --> 00:19:06.240
A number or a letter.

391
00:19:06.240 --> 00:19:09.280
Like some people have like their initials

392
00:19:09.280 --> 00:19:10.680
for their like real estate.

393
00:19:10.680 --> 00:19:14.800
You'll see like, you know, or construction SCS or whatever.

394
00:19:16.160 --> 00:19:18.400
Would you have to type out the word letter

395
00:19:18.400 --> 00:19:23.400
or type out the word number so that it reads it differently?

396
00:19:23.640 --> 00:19:25.520
In your case, just to,

397
00:19:25.520 --> 00:19:27.560
I wanna make sure I do this correctly.

398
00:19:27.560 --> 00:19:29.440
So in your case, you're specifically saying

399
00:19:29.440 --> 00:19:33.040
that the logo is the letter or it includes a letter?

400
00:19:33.040 --> 00:19:34.600
It includes one.

401
00:19:34.600 --> 00:19:35.520
Okay, all right.

402
00:19:35.520 --> 00:19:38.960
So if it includes one, it's different than if it is one.

403
00:19:38.960 --> 00:19:42.480
So there, as an example, like if you look at the,

404
00:19:42.480 --> 00:19:43.320
what is it?

405
00:19:43.320 --> 00:19:47.440
The Los Angeles Angels, the baseball team, right?

406
00:19:47.440 --> 00:19:49.880
Yeah, or like LA Dodgers or something.

407
00:19:49.880 --> 00:19:52.120
Or yeah, they have that A that's cursive

408
00:19:52.120 --> 00:19:55.160
with like the angel halo over it.

409
00:19:55.160 --> 00:19:57.600
Like if I were searching for that,

410
00:19:57.600 --> 00:20:00.200
I would be searching for design.

411
00:20:00.000 --> 00:20:01.720
with the letter A alone.

412
00:20:02.780 --> 00:20:05.160
And then what I would do is I would also see,

413
00:20:05.160 --> 00:20:07.540
so let's see if we can find it.

414
00:20:07.540 --> 00:20:08.540
This is a good example.

415
00:20:10.000 --> 00:20:10.840
See if we can find it.

416
00:20:10.840 --> 00:20:12.420
I've never actually looked for it before.

417
00:20:12.420 --> 00:20:18.760
So it would be the letter A as a design description and halo

418
00:20:19.980 --> 00:20:21.300
as a design description.

419
00:20:22.860 --> 00:20:24.140
That's a lot of records.

420
00:20:24.340 --> 00:20:25.080
Let's see.

421
00:20:25.300 --> 00:20:27.660
Let's see what we get.

422
00:20:27.660 --> 00:20:30.520
There's no A in there.

423
00:20:30.520 --> 00:20:34.160
All right, let me try one other thing.

424
00:20:35.140 --> 00:20:40.620
If I do this, quotes, that's the same thing.

425
00:20:41.240 --> 00:20:42.320
Okay. All right.

426
00:20:42.320 --> 00:20:45.420
Well, they're giving us more than we need, but let's just scroll down

427
00:20:45.420 --> 00:20:47.340
and see if we can find the Los Angeles Angels.

428
00:20:57.660 --> 00:21:06.440
The other way to do it is you can use lost.

429
00:21:06.440 --> 00:21:10.960
The reason why I don't like this search all the time is

430
00:21:10.960 --> 00:21:13.320
because you only get two options to list there.

431
00:21:13.320 --> 00:21:16.720
You can't add more, which is unfortunate.

432
00:21:17.360 --> 00:21:22.220
Because if you could add more, then I would add, oh, here we go.

433
00:21:22.220 --> 00:21:25.960
I don't think this is it, but let's see.

434
00:21:28.660 --> 00:21:30.360
A plus collectibles.

435
00:21:31.720 --> 00:21:40.640
Then I would just add another deciding factor, which would be at Los Angeles.

436
00:21:42.380 --> 00:21:43.980
You know, whatever the group.

437
00:21:43.980 --> 00:21:45.420
No, it's LA Dodgers.

438
00:21:45.520 --> 00:21:46.860
What's the, who are the Angels?

439
00:21:48.500 --> 00:21:49.280
The baseball team.

440
00:21:49.440 --> 00:21:49.780
I don't know.

441
00:21:50.400 --> 00:21:51.280
I don't follow baseball.

442
00:21:51.280 --> 00:21:54.000
So, but in any case, yeah.

443
00:21:54.000 --> 00:21:57.100
So that's how I would do is I would look up the halo and I would look up the letter.

444
00:21:57.100 --> 00:22:01.140
So to answer your question is like, here is, here's a logo right here.

445
00:22:01.140 --> 00:22:05.380
This is a logo and in the logo, it includes the word seal of approval.

446
00:22:06.200 --> 00:22:11.620
So if I were trying to find this logo, I would look up the word seal of approval

447
00:22:12.120 --> 00:22:14.580
because it would be included in the description.

448
00:22:14.980 --> 00:22:24.420
So if I came down here and I look at description of Mark right there, it says in here.

449
00:22:27.240 --> 00:22:31.420
The words seal of approval, see that.

450
00:22:33.220 --> 00:22:38.140
So anytime that you follow a trademark application for a logo that includes words,

451
00:22:38.140 --> 00:22:41.020
you actually have to include the words in the description of the mark.

452
00:22:43.720 --> 00:22:49.900
So it gets more tricky if it's a single letter like a, because a is there's a lot of A's.

453
00:22:50.440 --> 00:22:56.280
So for that reason, it's a little more tricky to, to look up a single letter,

454
00:22:56.780 --> 00:23:03.980
but I wasn't able to find it quickly, but we've only gone through like a hundred of the hits

455
00:23:04.460 --> 00:23:06.780
or 200 of the, of 2000 hits.

456
00:23:07.520 --> 00:23:09.060
So I'm pretty sure if you just.

457
00:23:09.060 --> 00:23:12.320
If you include the term letter, will that change it?

458
00:23:12.320 --> 00:23:15.180
Will it reduce it or is it unnecessary?

459
00:23:15.180 --> 00:23:19.100
No, because if you put the word letter, then it's going to be searching for the word letter.

460
00:23:19.800 --> 00:23:20.500
The word letter.

461
00:23:21.420 --> 00:23:25.820
You know, and so you're, you're not, you're not searching for the word letter.

462
00:23:26.080 --> 00:23:33.600
Um, when it gets tricky for, for trademark searching is like, what if there's a hyphen?

463
00:23:34.080 --> 00:23:37.180
What if there's like multiple words that are put together?

464
00:23:37.520 --> 00:23:40.200
How do you search multiple words that are put together?

465
00:23:40.520 --> 00:23:42.160
That's when it gets trickier.

466
00:23:42.740 --> 00:23:48.040
Uh, and I'll show you guys how to do that real fast, but it would have been nice if it just popped up.

467
00:23:48.240 --> 00:23:54.400
There's a lot of trademarks with the A on it.

468
00:23:54.420 --> 00:23:57.180
So, um, anyway, maybe it's older.

469
00:23:57.420 --> 00:24:01.140
If there's any way to go to like the oldest, it's been around for a long time.

470
00:24:01.620 --> 00:24:06.500
I mean, or could you sort it with the, um, the international class?

471
00:24:08.560 --> 00:24:13.980
Uh, you could, but the problem is, uh, which I alluded to two fields are taken.

472
00:24:14.020 --> 00:24:15.500
Two fields are already taken.

473
00:24:16.780 --> 00:24:18.520
Let's say I wanted to get rid of that.

474
00:24:19.460 --> 00:24:24.700
And I wanted like baseball, like what's, what's the international field for baseball.

475
00:24:24.760 --> 00:24:33.900
I mean, I could also say, see if I, if I knew the name, it'd be a lot easier if I just look real fast.

476
00:24:34.180 --> 00:24:35.460
Well, there are the LA angels.

477
00:24:36.060 --> 00:24:37.420
It is a Los Angeles angels.

478
00:24:38.580 --> 00:24:38.940
Okay.

479
00:24:40.820 --> 00:24:42.500
And they're playing the Seattle Mariners today.

480
00:24:44.980 --> 00:24:45.220
Yeah.

481
00:24:45.220 --> 00:24:46.900
Los Angeles angels, people.

482
00:24:46.900 --> 00:24:47.260
Okay.

483
00:24:48.160 --> 00:24:53.160
So if I just look up, um, let's see if it works.

484
00:24:54.320 --> 00:24:57.680
Los Angeles angels.

485
00:25:00.000 --> 00:25:03.760
That would instead be the owner, right?

486
00:25:03.760 --> 00:25:05.480
It would no longer be the description,

487
00:25:05.480 --> 00:25:06.640
it'd be the owner name.

488
00:25:08.040 --> 00:25:09.280
And submit the query.

489
00:25:09.280 --> 00:25:12.940
Nothing comes up, which is interesting.

490
00:25:14.440 --> 00:25:17.660
So let's get rid of, let's see,

491
00:25:17.660 --> 00:25:20.300
maybe it may be that they don't go by,

492
00:25:21.680 --> 00:25:24.480
the company doesn't go by Los Angeles Angels,

493
00:25:24.480 --> 00:25:25.320
but let's see.

494
00:25:26.600 --> 00:25:27.960
That's not right.

495
00:25:27.960 --> 00:25:30.880
The Los Angeles Angels can't own 6,000 records,

496
00:25:30.880 --> 00:25:32.040
there's no way.

497
00:25:32.040 --> 00:25:33.040
This can't be right.

498
00:25:34.080 --> 00:25:35.640
Did I spell Los Angeles wrong?

499
00:25:38.200 --> 00:25:39.720
I must've spelled it wrong.

500
00:25:39.720 --> 00:25:40.920
No, you got it right.

501
00:25:40.920 --> 00:25:42.040
No, that's right.

502
00:25:44.560 --> 00:25:45.400
Los Angeles.

503
00:25:46.440 --> 00:25:47.360
I don't know why.

504
00:25:47.360 --> 00:25:49.440
Well, apparently Los Angeles Angels

505
00:25:49.440 --> 00:25:54.440
is listed on 6,800 trademarks.

506
00:25:54.720 --> 00:25:56.340
That makes no sense to me at all.

507
00:25:56.340 --> 00:25:58.020
There's no way that Los Angeles.

508
00:25:58.020 --> 00:25:59.380
Oh, I know why.

509
00:25:59.380 --> 00:26:00.660
You did or.

510
00:26:00.660 --> 00:26:04.420
Yeah, see even me, I've been doing this for ages.

511
00:26:04.420 --> 00:26:06.660
You have to remember that operator.

512
00:26:06.660 --> 00:26:08.700
Then you commit to query and it doesn't come up.

513
00:26:08.700 --> 00:26:11.500
So then what you do is just delete this

514
00:26:11.500 --> 00:26:13.580
and just look for the top one alone.

515
00:26:13.580 --> 00:26:14.420
Nothing.

516
00:26:14.420 --> 00:26:16.140
So that means nothing is in the name

517
00:26:16.140 --> 00:26:18.540
of Los Angeles Angels.

518
00:26:18.540 --> 00:26:20.760
So that company must be owned.

519
00:26:20.760 --> 00:26:24.300
Los Angeles Angels must be owned by another entity.

520
00:26:24.300 --> 00:26:27.060
So if I were trying to figure out what's going on,

521
00:26:27.060 --> 00:26:30.420
I look up Los Angeles Angels owner

522
00:26:31.380 --> 00:26:32.760
and see who's the owner.

523
00:26:33.900 --> 00:26:35.820
Arturo Moreno.

524
00:26:36.940 --> 00:26:39.940
Okay, so let's see who owns.

525
00:26:48.980 --> 00:26:50.180
Let's see if it pops up.

526
00:26:55.300 --> 00:26:56.300
Okay, here we go.

527
00:26:57.500 --> 00:26:58.620
See if this helps.

528
00:27:03.300 --> 00:27:05.220
Yeah, I'll share my screen

529
00:27:05.220 --> 00:27:07.140
so you can see what I'm just looked at.

530
00:27:11.740 --> 00:27:12.580
Plus, plus, plus.

531
00:27:14.660 --> 00:27:18.100
Quick links to the Los Angeles Angels trademarks.

532
00:27:19.220 --> 00:27:21.180
So if I look, see all the A's,

533
00:27:21.940 --> 00:27:25.380
so if I look, see all the A's, they owned A's.

534
00:27:27.620 --> 00:27:29.780
So these are their trademarks.

535
00:27:29.780 --> 00:27:31.040
Who owns it though?

536
00:27:32.980 --> 00:27:35.100
Angels Baseball LP.

537
00:27:35.100 --> 00:27:37.660
See, so it's not called Los Angeles Angels.

538
00:27:37.660 --> 00:27:40.380
It's called Angels Baseball LP.

539
00:27:40.380 --> 00:27:43.380
So if I wanted, I need to figure out who's the owner

540
00:27:43.380 --> 00:27:46.400
and then there it is, Angels Baseball LP.

541
00:27:46.400 --> 00:27:48.340
But you'll see it's an A,

542
00:27:49.260 --> 00:27:52.340
but in the description of the mark,

543
00:27:52.340 --> 00:27:56.680
it says the mark consists of the letter A, right?

544
00:27:56.680 --> 00:27:59.500
So you have to put it in the description.

545
00:27:59.500 --> 00:28:02.540
So whatever the words are,

546
00:28:02.540 --> 00:28:03.860
you need to put it in the description

547
00:28:03.860 --> 00:28:06.260
when you file your application as well.

548
00:28:06.260 --> 00:28:07.780
Let me see.

549
00:28:07.780 --> 00:28:09.780
All right, any questions on that?

550
00:28:09.780 --> 00:28:13.180
That was a pretty thorough example of a logo search.

551
00:28:13.180 --> 00:28:16.100
So all of you should be able to search for logos.

552
00:28:16.100 --> 00:28:17.780
The tricky part though with logos

553
00:28:18.220 --> 00:28:19.540
is if you don't use the exact right words,

554
00:28:19.540 --> 00:28:21.100
you can get a lot of trouble.

555
00:28:21.100 --> 00:28:23.740
And just as an aside, since you guys are VIP,

556
00:28:23.740 --> 00:28:25.480
I just want to make sure it's clear.

557
00:28:25.480 --> 00:28:27.260
The tools that I'm showing you guys

558
00:28:27.260 --> 00:28:30.380
are like maybe 60 to 70% effective

559
00:28:30.380 --> 00:28:32.220
because the United States Patent and Trademark Office

560
00:28:32.220 --> 00:28:37.180
website, like, I've found many times it's missing things,

561
00:28:37.180 --> 00:28:38.460
but then separate from that,

562
00:28:38.460 --> 00:28:40.220
so the question is why am I showing you this?

563
00:28:40.220 --> 00:28:42.800
Because if you have like 10 different things

564
00:28:42.800 --> 00:28:46.020
you potentially want to go after, you can decrease them

565
00:28:46.020 --> 00:28:48.140
and then just bring the ones

566
00:28:48.140 --> 00:28:50.620
that you weren't able to knock out easily,

567
00:28:50.620 --> 00:28:51.660
bring those to your lawyers.

568
00:28:51.660 --> 00:28:53.580
That will decrease your costs.

569
00:28:53.580 --> 00:28:56.260
All right, so let me see if we have like

570
00:28:56.260 --> 00:28:57.780
one or two questions.

571
00:28:57.780 --> 00:29:01.180
And if we do, I'll see if I can answer those.

572
00:29:01.180 --> 00:29:04.740
And then we will close for our entire week

573
00:29:04.740 --> 00:29:08.180
of challenges for this entire week.

574
00:29:08.180 --> 00:29:10.000
This has been a pretty awesome week.

575
00:29:10.000 --> 00:29:12.300
So let me just see if anybody has a question.

576
00:29:12.300 --> 00:29:17.300
Anybody have a question on anything that we've covered?

577
00:29:17.980 --> 00:29:20.220
Trademarks, copyrights, patents, any of that stuff?

578
00:29:20.220 --> 00:29:22.000
Yes, Natalie.

579
00:29:24.540 --> 00:29:26.080
How are you, Natalie?

580
00:29:26.080 --> 00:29:27.900
I'm excited about doing the audit with you.

581
00:29:27.900 --> 00:29:30.140
This is good, I'm excited.

582
00:29:30.140 --> 00:29:31.820
I'm all pumped up about doing the audit with you.

583
00:29:31.820 --> 00:29:33.020
This is gonna be awesome.

584
00:29:34.300 --> 00:29:37.820
Oh, well, the one thing I'm realizing with all of this,

585
00:29:37.820 --> 00:29:40.100
I'm like trying to read my patent.

586
00:29:40.100 --> 00:29:41.660
I'm like saying, I never read it.

587
00:29:42.060 --> 00:29:44.980
I'm in so much trouble with you because I'm saying,

588
00:29:45.980 --> 00:29:50.540
I'm looking for the eye to see how to read it.

589
00:29:50.540 --> 00:29:53.420
And I'm like, so lost in a sense.

590
00:29:53.420 --> 00:29:56.980
But the question, one of the questions I had was,

591
00:29:56.980 --> 00:29:59.980
do you, after the four, the-

592
00:30:00.000 --> 00:30:08.400
nine years or the for the trademark on the 14 years for the design pattern expires what happens

593
00:30:08.400 --> 00:30:14.560
after that is it like that's a great question yeah that's a great question so for trademarks

594
00:30:14.560 --> 00:30:20.480
they can be renewed forever they never expire as long as you renew them you have to continue

595
00:30:20.480 --> 00:30:26.080
to renew them over and over and over um for patents they expire 20 years from filing

596
00:30:26.800 --> 00:30:32.640
so they but patents also have what's called maintenance fees you have to pay a maintenance

597
00:30:32.640 --> 00:30:40.480
fee at three and a half seven and a half and eleven and a half years okay so um the cost

598
00:30:41.200 --> 00:30:48.400
increases based on the number of the maintenance fees so i'm going to pull up the uspto website

599
00:30:49.120 --> 00:30:54.320
i'm going to show you specifically let me share my screen i'll show you what the costs are i'll

600
00:30:54.320 --> 00:31:00.640
show you guys how to find the cost so this is the uspto website uh right here you can actually just

601
00:31:00.640 --> 00:31:08.880
type up here fees like that and then go to the uspto fee schedule current uspto fee schedule

602
00:31:10.640 --> 00:31:14.960
and then you look over here so this would be maintenance you click on maintenance

603
00:31:15.760 --> 00:31:20.160
and these are your fees three and a half seven and a half eleven and a half years

604
00:31:20.240 --> 00:31:28.400
now as an individual you guys can you guys may qualify for micro-entity status i would check

605
00:31:28.400 --> 00:31:32.000
and see if you can qualify for micro-entity status because then you're paying like a fraction

606
00:31:32.800 --> 00:31:38.480
of anything otherwise you're definitely a small entity but you might be a micro-entity

607
00:31:39.280 --> 00:31:43.200
so these are the costs that you pay for maintenance fees

608
00:31:43.280 --> 00:31:50.800
uh so to maintain to bring your patent alive or to keep your patent alive at three and a half years

609
00:31:50.800 --> 00:31:58.640
it's let's say 800 bucks then it goes to 1500 then it goes to 3000 okay that's just to keep it alive

610
00:32:00.240 --> 00:32:04.880
all right and if you're large corporation this is why all of my clients who are large corporations

611
00:32:04.880 --> 00:32:10.560
i always drill them really hard when it comes to the third maintenance fee i said are you absolutely

612
00:32:10.560 --> 00:32:16.320
sure you want to pay this thing like is this technology absolutely not obsolete because we're

613
00:32:16.320 --> 00:32:20.880
about to spend almost the cost of a brand new patent application to keep your patent alive

614
00:32:21.680 --> 00:32:27.600
are you okay with that and i asked them to put it in writing before i do it if they put it in writing

615
00:32:27.600 --> 00:32:34.080
awesome then we'll go ahead and we'll renew it but 7 700 just to keep a patent alive

616
00:32:35.040 --> 00:32:40.880
now trademarks are different so if i go over to schedule and then i go to

617
00:32:43.600 --> 00:32:48.320
oh no no no no where is it these fees here we go

618
00:32:49.760 --> 00:32:56.480
it did not pop up oh there it is it's down here okay trademark fees so now application related

619
00:32:56.480 --> 00:32:59.840
fees post registration is what you'd be looking at to keep them alive

620
00:33:00.240 --> 00:33:06.800
and so now you've got like your section 9s your section 8s your section 15s your 8 and 15s to keep

621
00:33:06.800 --> 00:33:15.840
them alive these are things that are due like at 5 years at 10 years so you're paying in increments

622
00:33:15.840 --> 00:33:20.560
like after a certain number of years you're paying to renew to keep it alive it's not every single

623
00:33:20.560 --> 00:33:27.200
year though it's at every at least every five years it's not every single year so you've got

624
00:33:27.200 --> 00:33:35.120
to pay that fee just to keep it alive so but if you want to figure out the fees just go to

625
00:33:35.120 --> 00:33:43.280
the uspto website and right at the top just type in the word fees and then boom you got it current

626
00:33:43.280 --> 00:33:44.480
uspto schedule

627
00:33:48.000 --> 00:33:52.400
click on that in fact what i'll do is just copy this and put it in the chat

628
00:33:52.400 --> 00:34:00.320
paste enter there we go and that's it now you get your fee schedule

629
00:34:01.200 --> 00:34:06.720
let me just look and see in the chat i know there was some something going on a question

630
00:34:09.360 --> 00:34:09.840
okay

631
00:34:10.719 --> 00:34:11.440
you can see

632
00:34:17.920 --> 00:34:24.080
okay somebody just asked a really good question what qualifies as micro entity status so let me

633
00:34:24.080 --> 00:34:30.800
pull that up for you guys micro entity status is all about kind of figuring out items that might

634
00:34:30.800 --> 00:34:36.639
exist in a particular conversation is really important okay somebody just asked a really

635
00:34:36.639 --> 00:34:44.800
so let me pull that up for you guys micro entity status uspto

636
00:34:46.480 --> 00:34:52.159
here we go micro entity status all right here we go here's the page that gives you all the data on

637
00:34:52.960 --> 00:34:57.120
and just so you know all you guys that are going either taking the auto or going in the

638
00:34:57.120 --> 00:34:59.920
protection portal this is the kind of stuff you'll get out

639
00:35:00.000 --> 00:35:02.640
access to stuff all the time.

640
00:35:02.640 --> 00:35:04.400
Like I always drop things for you guys

641
00:35:04.400 --> 00:35:07.000
because I want to help you guys the most I can.

642
00:35:07.000 --> 00:35:08.840
And we'll be having our first meeting

643
00:35:08.840 --> 00:35:12.320
for all those who join next week on the night.

644
00:35:12.320 --> 00:35:15.320
So you get to jump right in and meet our other members.

645
00:35:15.320 --> 00:35:17.920
Yeah, and so what we do on the first day

646
00:35:17.920 --> 00:35:19.240
is we introduce you guys.

647
00:35:19.240 --> 00:35:21.060
You guys say who you are, what you do,

648
00:35:21.060 --> 00:35:22.600
what you're looking for.

649
00:35:22.600 --> 00:35:24.320
And then if there's other people in that group

650
00:35:24.320 --> 00:35:26.100
that can support you, they will,

651
00:35:26.100 --> 00:35:28.360
or they'll meet up with you or they'll partner up with you

652
00:35:28.360 --> 00:35:29.720
or whatever the case is.

653
00:35:29.720 --> 00:35:32.820
It's a really tight-knit group, which is wonderful.

654
00:35:35.340 --> 00:35:39.160
So it says an applicant or patent,

655
00:35:39.160 --> 00:35:40.620
application or patent may qualify

656
00:35:40.620 --> 00:35:43.540
a micro-energy status if each applicant,

657
00:35:43.540 --> 00:35:46.760
its inventor or every other party

658
00:35:46.760 --> 00:35:49.180
with an ownership interest in the patent application

659
00:35:49.180 --> 00:35:50.660
is a small entity.

660
00:35:50.660 --> 00:35:55.660
Small entity means less than 500 employees

661
00:35:55.660 --> 00:35:56.740
or is it 500?

662
00:35:56.740 --> 00:36:00.300
It's 500 or less employees.

663
00:36:00.300 --> 00:36:03.100
That should be listed here in the description.

664
00:36:06.020 --> 00:36:08.420
Basically, if you're alone, you're micro-entity.

665
00:36:10.180 --> 00:36:11.020
So that's one.

666
00:36:11.020 --> 00:36:12.500
The next part is the additional requirements

667
00:36:12.500 --> 00:36:14.980
of micro-entity is gross income basis

668
00:36:14.980 --> 00:36:16.480
or institution of higher education.

669
00:36:16.480 --> 00:36:21.060
So your gross income has to be under a certain amount.

670
00:36:22.260 --> 00:36:23.080
Here it is.

671
00:36:23.080 --> 00:36:26.520
Small entity is 500 employees or less

672
00:36:26.520 --> 00:36:28.120
or fewer than 500 employees.

673
00:36:28.120 --> 00:36:29.320
Let me make this bigger.

674
00:36:30.760 --> 00:36:31.960
Now you guys can see it.

675
00:36:33.640 --> 00:36:35.880
All right, so your income though,

676
00:36:35.880 --> 00:36:37.960
this is the part that's important

677
00:36:37.960 --> 00:36:41.600
is your income level has to be under a certain amount.

678
00:36:41.600 --> 00:36:44.400
So you just have to look in here and see if you qualify.

679
00:36:46.040 --> 00:36:47.000
And let's see.

680
00:36:50.080 --> 00:36:51.920
Gross income limit.

681
00:36:51.920 --> 00:36:53.760
Neither the applicant nor the inventor

682
00:36:53.760 --> 00:36:56.560
nor a joint inventor had a gross income

683
00:36:56.560 --> 00:36:59.280
in the previous year from when the fees paid

684
00:36:59.280 --> 00:37:02.600
of more than the maximum qualifying gross income,

685
00:37:04.020 --> 00:37:06.320
which is three times the median household income

686
00:37:06.320 --> 00:37:07.420
in the United States.

687
00:37:08.680 --> 00:37:13.680
So maximum qualifying gross income is 212,000.

688
00:37:15.360 --> 00:37:20.360
So if you make under 212,000 and you're a single individual,

689
00:37:20.440 --> 00:37:22.060
I don't mean married or not married.

690
00:37:22.060 --> 00:37:24.780
I mean, like you're an individual filing,

691
00:37:24.780 --> 00:37:27.560
you may qualify for micro-entity status,

692
00:37:27.560 --> 00:37:30.840
which means that you pay a fraction

693
00:37:30.840 --> 00:37:32.080
of what other people pay.

694
00:37:33.120 --> 00:37:34.400
Okay?

695
00:37:34.400 --> 00:37:36.440
All right, so, and here's the page here.

696
00:37:38.020 --> 00:37:39.920
This is where it talks about your gross income.

697
00:37:39.920 --> 00:37:44.920
This is where I got the number right there, $212,352.

698
00:37:45.920 --> 00:37:47.740
So if you make less than that per year,

699
00:37:47.740 --> 00:37:50.580
you can qualify for micro-entity

700
00:37:50.580 --> 00:37:53.760
and you can pay a fraction of what other people pay.

701
00:37:55.540 --> 00:37:56.460
Now, just keep in mind,

702
00:37:56.460 --> 00:37:58.100
that doesn't include your lawyer's fees.

703
00:37:58.100 --> 00:37:59.460
And that's where you spend most of your money

704
00:37:59.460 --> 00:38:01.140
is on your lawyers, right?

705
00:38:01.140 --> 00:38:03.860
So like, you're gonna spend like a good $10,000

706
00:38:03.860 --> 00:38:05.720
on a patent application for a lawyer,

707
00:38:06.620 --> 00:38:10.260
but the USPTO fee is like 500 bucks.

708
00:38:10.260 --> 00:38:13.620
So it's great that you save money with the filing fee,

709
00:38:13.620 --> 00:38:16.260
but you still spend $10,000 on a lawyer.

710
00:38:16.260 --> 00:38:20.060
So, yeah, so it's something to keep in mind.

711
00:38:20.060 --> 00:38:22.540
All right, I think we have covered enough.

712
00:38:22.540 --> 00:38:25.580
I know I've answered over a hundred questions at this point

713
00:38:25.580 --> 00:38:29.620
and I truly appreciate all of you guys.

714
00:38:29.620 --> 00:38:32.220
I think we were gonna close it here.

715
00:38:34.380 --> 00:38:36.380
If you guys have any, I'm gonna stay around

716
00:38:36.380 --> 00:38:37.780
if you guys have any other questions

717
00:38:37.780 --> 00:38:42.620
on either the portal or the audit,

718
00:38:42.620 --> 00:38:44.860
I'll be here for you guys to answer any questions.

719
00:38:44.860 --> 00:38:47.420
Natalie, I'm looking forward to taking care of you

720
00:38:47.420 --> 00:38:52.420
and there are a few others as well and we'll close there.

721
00:38:53.220 --> 00:38:56.780
So congratulations, Idea Protectors,

722
00:38:56.780 --> 00:38:57.900
go enjoy your weekend.

723
00:38:57.900 --> 00:39:01.740
And you guys have completed the training

724
00:39:01.740 --> 00:39:03.020
like beginning to end.

725
00:39:03.020 --> 00:39:05.260
So I applaud you guys, well done.

726
00:39:06.300 --> 00:39:08.620
It's like I gave birth to a bunch of patent trademark

727
00:39:08.620 --> 00:39:10.760
and copyright children, jeez.

728
00:39:11.760 --> 00:39:14.520
Why do you keep referencing that?

729
00:39:16.480 --> 00:39:18.400
Well, we've got a lot of watchdogs

730
00:39:18.400 --> 00:39:20.720
and we know some of these people are in communities

731
00:39:20.720 --> 00:39:25.120
and whatnot and do not be afraid to help your friends

732
00:39:25.120 --> 00:39:27.600
by saying, you might not wanna post that

733
00:39:27.600 --> 00:39:29.640
or did you do that?

734
00:39:29.640 --> 00:39:32.640
Cause if Peter does it, then he's put them on notice.

735
00:39:32.640 --> 00:39:35.520
So he doesn't say that's why he does this,

736
00:39:35.520 --> 00:39:37.040
but he sure is proud of us

737
00:39:37.080 --> 00:39:41.000
when we can accurately help others protect their ideas

738
00:39:41.000 --> 00:39:42.680
as well and get them in this challenge

739
00:39:42.680 --> 00:39:43.720
next time you see it.

740
00:39:44.880 --> 00:39:47.600
David, I got your email.

741
00:39:47.600 --> 00:39:48.920
I'm looking at it now.

742
00:39:50.320 --> 00:39:54.200
Just stay on for a sec, stay on for a sec and let's-

743
00:39:54.200 --> 00:39:55.480
Oh, I wish Anita was here.

744
00:39:55.480 --> 00:39:58.800
You know, I hope Anita joins us because I think-

745
00:39:58.800 --> 00:39:59.640
She took the-

746
00:39:59.640 --> 00:40:00.480
She did.

747
00:40:00.000 --> 00:40:04.000
Oh, good, because you know who I think she'd be great to collaborate with is Angelica.

748
00:40:04.000 --> 00:40:05.000
Oh, yeah.

749
00:40:05.000 --> 00:40:06.000
Oh, that's a good point.

750
00:40:06.000 --> 00:40:07.000
Yes.

751
00:40:07.000 --> 00:40:08.000
Yeah.

752
00:40:08.000 --> 00:40:09.000
Very good.

753
00:40:09.000 --> 00:40:14.000
I can't wait to introduce those two.

754
00:40:14.000 --> 00:40:17.400
Yeah, those two actually they will work really well together.

755
00:40:17.400 --> 00:40:22.000
Yeah, I wouldn't be surprised if they do something together, honestly.

756
00:40:22.000 --> 00:40:26.000
Two powerhouse women for sure that'll be awesome.

757
00:40:26.000 --> 00:40:29.000
Let me see.

758
00:40:29.000 --> 00:40:31.000
Hey, Peter's got a question.

759
00:40:31.000 --> 00:40:32.000
Pete.

760
00:40:32.000 --> 00:40:33.000
Pete.

761
00:40:33.000 --> 00:40:39.000
Pete, what's up buddy.

762
00:40:39.000 --> 00:40:41.000
Hey, how's it going.

763
00:40:41.000 --> 00:40:44.000
I was just stopped by the pool hope everyone's doing well.

764
00:40:45.000 --> 00:40:58.000
My question is kind of pertaining to obviously there's entity structuring in for tax purposes. I didn't know if there was if that impacted protecting IP trademarks copyrights.

765
00:40:58.000 --> 00:41:02.000
And if there was an intersection or overlap or synergy there.

766
00:41:02.000 --> 00:41:10.000
So you're asking about entity types and protecting of IP.

767
00:41:11.000 --> 00:41:16.000
Yeah, like specifically the location like whether it's the headquarters or a subsidiary.

768
00:41:16.000 --> 00:41:17.000
Oh, yeah.

769
00:41:17.000 --> 00:41:18.000
Yeah.

770
00:41:18.000 --> 00:41:22.000
I do tax optimization for like exactly what the business does.

771
00:41:22.000 --> 00:41:25.000
But like I've never really thought until the challenge.

772
00:41:25.000 --> 00:41:31.000
What about the, you know, from a protecting of IP from a strategic standpoint.

773
00:41:31.000 --> 00:41:32.000
Yeah.

774
00:41:32.000 --> 00:41:35.000
So it's actually a really big, big, big, big issue.

775
00:41:35.000 --> 00:41:47.000
I have a number of clients that will take all their IP put it in the name of a certain entity in a certain country that has a lower tax bracket, you know, and so that it's a it's a very strong strategy.

776
00:41:48.000 --> 00:41:55.000
If you have a good IP portfolio is to know exactly like if you can have legal rights as an example.

777
00:41:55.000 --> 00:42:01.000
One of my clients put all their rights in the United Kingdom because the tax bracket taxes were lower than in the US.

778
00:42:01.000 --> 00:42:03.000
So they created a UK entity.

779
00:42:03.000 --> 00:42:06.000
They transfer all the rights into the UK.

780
00:42:06.000 --> 00:42:10.000
And then they license the technology over to the entity in the US for use.

781
00:42:10.000 --> 00:42:13.000
But for tax purposes there, they pay a lot less money.

782
00:42:13.000 --> 00:42:18.000
The only issue that you got to be careful of, though, well, one issue you got to be careful of is that you're exporting technology.

783
00:42:18.000 --> 00:42:27.000
So you can get into like taxing of exporting technology or you can run into issues with customs where they're saying, hold it.

784
00:42:27.000 --> 00:42:40.000
Like as an example, if your technology is from lasers, you know, if your technology is on some kind of tech, something that can be considered to be a threat to a government.

785
00:42:40.000 --> 00:42:50.000
Then, you know, or or would be typically used by defense like national defense like lasers is a really good one.

786
00:42:50.000 --> 00:42:56.000
And there's a bunch of other ones. If that's the case, then you may not be allowed to assign all rights.

787
00:42:56.000 --> 00:43:03.000
I don't want to sue an entity in another country because the US doesn't want you exporting that kind of stuff or that other country doesn't want you importing that kind of stuff.

788
00:43:03.000 --> 00:43:12.000
So there are some rules on that. But for purposes of taxes, you know, tax purposes and incorporation, absolutely.

789
00:43:12.000 --> 00:43:24.000
Like I would definitely look and see if you're going to build a strong IP portfolio or if you are supporting corporations that have IP portfolios or evaluating those companies.

790
00:43:25.000 --> 00:43:30.000
I would definitely look into their specific countries that will give you lower tax brackets.

791
00:43:30.000 --> 00:43:39.000
And even in the United States, there's certain things you can do to keep your, you know, to gain certain benefits by having it in an entity that's in a certain state.

792
00:43:40.000 --> 00:43:53.000
And are there, I mean, similar similar question, I guess, is it are there states where there's been more legal precedent, you know, more protections of patents or trademarks or copyrights or is that kind of universal?

793
00:43:54.000 --> 00:44:02.000
Not for states because it's all federal. But there are countries like there are certain countries where you obtain more rights.

794
00:44:02.000 --> 00:44:10.000
Like back in the day, like I've I've been very, very fortunate to deal with protection of IP all over the world.

795
00:44:10.000 --> 00:44:14.000
And David Zhao is one of my contacts out in China.

796
00:44:14.000 --> 00:44:21.000
And he'll tell you that, you know, if you went back 15 years, legal rights in China was horrible, like just horrible.

797
00:44:22.000 --> 00:44:25.000
You know, you could get a patent out there and never be able to enforce it.

798
00:44:25.000 --> 00:44:30.000
And then it changed about 10 years ago. They started changing. They got a lot better.

799
00:44:30.000 --> 00:44:40.000
But the decisions that were made, like if there was patent infringement, they would they would threaten to to have the company stop selling the product.

800
00:44:41.000 --> 00:44:47.000
But they wouldn't grant court decisions for money like nobody was winning money.

801
00:44:47.000 --> 00:44:55.000
They were winning like injunctions. That's all they were winning was like, oh, I got a I got a permanent injunction.

802
00:44:55.000 --> 00:45:00.000
Well, then what happened was Mr. Zhao over here, his uncle.

803
00:45:00.000 --> 00:45:05.000
opens up another place with the exact same technology,

804
00:45:05.400 --> 00:45:08.640
and you're like, or even less discreet,

805
00:45:08.640 --> 00:45:11.720
his wife is listed as the founder

806
00:45:11.720 --> 00:45:14.560
of ABC Corporation in China,

807
00:45:14.560 --> 00:45:17.640
while he stops selling, now his wife is selling it.

808
00:45:17.640 --> 00:45:20.020
And so it was so frustrating.

809
00:45:20.020 --> 00:45:23.520
And then the Chinese government started realizing

810
00:45:23.520 --> 00:45:25.400
that a lot of companies were leaving there,

811
00:45:25.400 --> 00:45:27.240
they wouldn't do manufacturing there,

812
00:45:27.240 --> 00:45:28.960
they wouldn't do anything there.

813
00:45:28.960 --> 00:45:32.480
And so they started changing the laws so that,

814
00:45:32.480 --> 00:45:33.840
they literally did a 180,

815
00:45:33.840 --> 00:45:36.360
so that all the foreign companies

816
00:45:36.360 --> 00:45:39.160
were getting more rights than the Chinese companies.

817
00:45:39.160 --> 00:45:41.120
And then the Chinese companies started complaining,

818
00:45:41.120 --> 00:45:43.520
saying, you're letting the foreign companies

819
00:45:43.520 --> 00:45:44.400
win for everything.

820
00:45:44.400 --> 00:45:45.720
And the Chinese government was like,

821
00:45:45.720 --> 00:45:47.840
yeah, we are, because we need money.

822
00:45:47.840 --> 00:45:51.760
And we need like employees to have, people to have a job.

823
00:45:51.760 --> 00:45:54.960
And those jobs were coming from foreign countries.

824
00:45:54.960 --> 00:45:59.000
So we got to give legal rights to these foreigners now

825
00:45:59.000 --> 00:46:01.600
and let them win a little bit so that they'll come back.

826
00:46:01.600 --> 00:46:05.120
And it worked somewhat, but all the issues with COVID

827
00:46:05.120 --> 00:46:07.600
and all the other stuff had kind of a wrinkle

828
00:46:07.600 --> 00:46:10.960
in that whole dilemma, and then so,

829
00:46:10.960 --> 00:46:14.800
but in any case, the fact is that in the United States,

830
00:46:14.800 --> 00:46:18.980
it doesn't really matter your legal rights are gonna be,

831
00:46:20.400 --> 00:46:22.600
they're gonna be respected in every state.

832
00:46:22.600 --> 00:46:24.400
Now, that's not to say that

833
00:46:24.760 --> 00:46:27.840
there aren't certain states that are better for litigation.

834
00:46:27.840 --> 00:46:29.720
Like Eastern District of Texas

835
00:46:29.720 --> 00:46:31.960
used to be the best place to do litigation

836
00:46:31.960 --> 00:46:36.100
because all the judges were very patent friendly.

837
00:46:36.100 --> 00:46:39.920
So they were very, they were enforcing patents

838
00:46:39.920 --> 00:46:42.960
like crazy in the Eastern District of Texas.

839
00:46:42.960 --> 00:46:44.280
And anybody who had a patent,

840
00:46:44.280 --> 00:46:45.440
if they were gonna sue somebody,

841
00:46:45.440 --> 00:46:48.280
they always sued them in the Eastern District of Texas,

842
00:46:48.280 --> 00:46:50.120
like always.

843
00:46:50.120 --> 00:46:54.540
And so you had literally hundreds of law firms

844
00:46:54.540 --> 00:46:57.200
that were opening in Texas

845
00:46:57.200 --> 00:47:00.880
because they wanted to get some of the money for litigation

846
00:47:00.880 --> 00:47:02.880
because like a single litigation matter

847
00:47:02.880 --> 00:47:07.520
can give you 3 million to $15 million worth of legal fees.

848
00:47:07.520 --> 00:47:10.960
So why not like open up a shop in Texas

849
00:47:10.960 --> 00:47:13.100
and then make money, right?

850
00:47:14.140 --> 00:47:18.840
But then what happened was the TC Hartland case

851
00:47:18.840 --> 00:47:22.160
was decided, which basically said,

852
00:47:22.160 --> 00:47:23.720
it's actually a court case,

853
00:47:23.720 --> 00:47:24.560
which actually said,

854
00:47:24.560 --> 00:47:28.680
hey, look, whenever you sue somebody,

855
00:47:28.680 --> 00:47:31.200
you need to sue them in the state of incorporation.

856
00:47:31.200 --> 00:47:34.560
You can't sue them anywhere you want and say,

857
00:47:34.560 --> 00:47:37.920
oh, there was one sale in Texas.

858
00:47:37.920 --> 00:47:39.840
So I'm gonna sue them in federal district court

859
00:47:39.840 --> 00:47:41.640
in the Eastern District of Texas.

860
00:47:41.640 --> 00:47:44.040
Like the courts came out and said, no, you can't do that.

861
00:47:44.040 --> 00:47:45.440
And that was a TC Hartland case

862
00:47:45.440 --> 00:47:47.840
that came out a number of years ago.

863
00:47:47.840 --> 00:47:50.600
So now if you get sued in Texas,

864
00:47:50.600 --> 00:47:53.220
you can say, I'm not incorporated in Texas.

865
00:47:53.220 --> 00:47:54.620
What are you talking about?

866
00:47:54.620 --> 00:47:56.600
You need to sue me in New Hampshire.

867
00:47:56.600 --> 00:47:59.200
So all of a sudden the number of lawsuits in Texas

868
00:47:59.200 --> 00:48:00.920
decreased and tanked

869
00:48:00.920 --> 00:48:04.380
and all these law firms started tanking and crashing

870
00:48:04.380 --> 00:48:06.360
because they couldn't just hang out in Texas.

871
00:48:06.360 --> 00:48:08.400
So then people started leaving Texas.

872
00:48:08.400 --> 00:48:11.100
So that's a long way of saying

873
00:48:11.100 --> 00:48:13.800
legal rights are respected throughout all the United States,

874
00:48:13.800 --> 00:48:15.840
but there are certain court systems

875
00:48:15.840 --> 00:48:19.680
that like patent litigation more than others.

876
00:48:19.680 --> 00:48:22.560
And so you might have a higher chance of winning

877
00:48:22.560 --> 00:48:26.760
if you own a patent, if you can be in those specific states.

878
00:48:26.760 --> 00:48:29.320
And so that's something that we've run into in litigation

879
00:48:29.320 --> 00:48:31.480
when we're evaluating where to file a case.

880
00:48:33.640 --> 00:48:34.480
Yeah.

881
00:48:34.480 --> 00:48:35.300
That's great, thank you.

882
00:48:35.300 --> 00:48:36.240
You're welcome, you're welcome.

883
00:48:36.240 --> 00:48:38.920
All right, my friends, that will be it.

884
00:48:38.920 --> 00:48:41.120
My friends, bless you all.

885
00:48:41.120 --> 00:48:42.920
Oh, thank you guys.

886
00:48:42.920 --> 00:48:45.000
I really appreciate the personal comments

887
00:48:45.040 --> 00:48:46.040
that I'm getting here.

888
00:48:46.040 --> 00:48:47.520
I really appreciate that.
