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All right, so welcome, everybody, to the Protect Your Idea Challenge.

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This is Peter Nieves.

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I go by the IP Mentor also.

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I see a number of people here I recognize, which is amazing seeing you guys here.

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And for all of you that are new, it's an incredible honor to be able to spend this time with you.

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Guys, we're going to go into a lot of material.

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We're going to go into certain things that are going to make it so that your businesses

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become more valuable, so that your assets aren't stolen, so that you can actually receive

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the financial benefit yourselves.

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But then separate from that, how do you just kind of prevent others from copying your images,

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your logos, your name, your slogans, if you do e-courses?

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How many people here do courses?

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We have a number of people that are doing courses.

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So if you have online courses, one of the biggest problems that I'm hearing from people

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that are content creators is that their courses are being copied, right?

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Somebody just goes out there, sees a really good course, grabs their course, and actually

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starts marketing it themselves as their own course, right?

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This has become really common.

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So how do you stop that?

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We're going to talk about that.

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We're going to talk about how do you do your own trademark searches.

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Separate from that, we're going to go into artificial intelligence in some respect as

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well, because I don't know how many of you know this, but there's certain programs that

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are out there that use artificial intelligence that will actually create logos for you automatically,

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create trademarks for you automatically.

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But then if you read in the terms and conditions, it tells you that they are not going to indemnify

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you from a lawsuit.

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It also tells you that you need to do your own trademark searching.

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So essentially what they're doing is they're scraping the internet, grabbing a bunch of

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stuff, spitting it out at you and say, congratulations, you've paid us for what we've given you, and

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we're giving you absolutely no insurance that you're not going to be sued for using what

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we're giving you.

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Well, if they're scraping the stuff to give it to you, that means it already exists, guys.

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I mean, this is really basic.

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It means it already exists.

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So that means the results that you're getting are derivatives of what already exists or

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the actual thing they scraped.

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So I'm going to show you how to get around that.

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I'm going to walk you through a number of things that by the end of the week, you're

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going to become a very valuable asset to other individuals, not only to yourself, in that

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you can guide others, you can help others.

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That's really why I created this.

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For those of you that don't know me, I've been 25 years as an IP attorney.

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I handle trademark law, copyright law, patent law, trade secret law, licensing, global IP

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portfolio management, audits, IP audits.

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I represent everything from solopreneurs to large educational institutions like MIT to

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like very large multibillion dollar corporations, you name it.

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So I love what I do.

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I really do.

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But what I found over the years is that a lot of the people that were getting in trouble

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because I not only get legal rights for others through what are called trademarks, copyrights

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and patents, I also litigate.

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So I've been litigating in a lot of different places.

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And I'm telling you this just so you can get an idea of where I'm coming from.

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You need to understand who I am and what I'm doing here so that you can fully receive what

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I'm going to be depositing to you.

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For me, this is an investment.

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What I'm doing here is investing in you guys.

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You guys are the future.

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You guys are the next generation of businesses.

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And so I want to make sure you guys do incredibly well.

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But most of you can't get access to somebody like me.

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All right.

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And I'm not just to be clear.

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Ray knows me personally.

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Joyce knows me personally.

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Kalia knows me personally and Jacob.

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They'll tell you.

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I'm not saying this to brag.

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I'm just saying it's not possible.

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I bill at 600 bucks an hour.

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There's not a lot of people that want to pay 600 bucks an hour to learn what a trademark

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is.

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There's not a lot of lawyers who bill at 600 bucks an hour who want to teach you what

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a trademark is.

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So I want you to understand where I'm coming from.

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The reason why I built this was that over these many years of litigating, of helping

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people obtain legal rights, a lot of people that were getting in trouble, the reason why

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they got in trouble is because they didn't have certain basic understanding of things

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that are necessary to become successful as a business owner or to become successful as

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an entrepreneur, an artist, a content creator, a, let's say, a prompt engineer that's become

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really big as of late.

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These are.

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These are very valuable assets, very valuable trainings

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that'll help all of you,

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but you don't really have access to it.

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So I decided to make it accessible to everybody.

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I've been mentoring people for many years,

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but unfortunately a lot of people

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couldn't get me on the one-on-ones.

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So because of Pedro O'Dell, and I give him all the credit,

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you guys don't know who the guy is.

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I would look him up if you're trying to learn

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how to do challenges,

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how to train other people in this kind of environment.

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He trained me in how to do this kind of training,

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meaning one-to-many in an environment

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where you're gonna have a private Facebook group.

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I encourage everybody here to join that Facebook group

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because I'm gonna be dropping gold in there.

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I'm gonna be dropping you forms.

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I'm gonna be dropping resources,

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searching entities, relationships with different people,

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different kind of resources

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that are gonna make your life better.

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They're gonna be dropped in the Facebook group.

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So I would become a member of the Facebook group

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if you have not, if you don't know where it is,

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Ray, can you drop the link to it?

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Just jump in there, like you've already paid for it.

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And that brings me to the second thing.

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I wanna honor what you've done here.

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Every single person here has paid for this, okay?

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This is not a free challenge.

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The reason why it's not a free challenge is intentional.

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I wanna make sure that the people here

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that I'm depositing the time in and that I'm investing in,

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not like working at my law firm at 600 bucks an hour,

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what I'm doing here,

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I wanna make sure that I'm depositing people

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who care about themselves.

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If you've invested to be here, even though it's only $95,

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$95 is a big deal for a lot of people, all right?

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And so if you've invested in this, I'm investing in you.

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So that means if you have questions,

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if you have personal, like if Benny's running a company

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and he's saying, you know what?

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I've got like five or six different questions.

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We have an option for what's called VIP, all right?

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The VIP option allows you to ask questions directly

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in that environment.

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You can, I will do hot seats with individuals.

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I will answer questions.

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Just so we're clear, this is without legal advice.

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I'm not gonna tell you in this situation, Peter,

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I own this new trademark and I did a search

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and this is what came up.

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Is that trademark infringement?

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I can't answer that question

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because that would be illegal advice.

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What I can tell you though,

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is that there are nine factors

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in a trademark infringement analysis

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called the likelihood of confusion factors.

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The first factor is, do they look the same?

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So now look at your trademarks, do they look the same?

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Second factor is, do they sound the same?

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Do they sound the same when you say them?

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Third factor is I can walk you through them all step by step

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so you can make a determination

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as to what you should do in this situation.

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That's the closest I can get as a lawyer

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to guiding you on the law without giving you legal advice.

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Because the second I give you legal advice,

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we now walk into an attorney-client privilege relationship

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and obviously that's not what we're doing here, okay?

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So the motivation behind my doing this

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is I was born in the projects of Brooklyn,

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raised by a single mom, my father, my stepmother

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obtained custody of me,

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whole bunch of issues like when I was younger.

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So I was very protective, extremely protective.

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I went into electrical engineering about,

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it's only gonna take about two more minutes

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to explain to you guys,

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but I wanna kind of get you guys understand

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what I'm about here

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and why I'm gonna stress certain things for you.

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I was about a month to a month and a half to graduating,

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getting ready for graduate school in electrical engineering

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and I realized that I was bored, like incredibly bored.

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So what I did was I would complain.

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I was working two jobs as a waiter

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in a fine dining restaurants.

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And at the same time,

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I was doing an internship as an electrical engineer.

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So I was working three jobs to get myself through college

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because my parents didn't have money

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to put me through college, right?

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They were taking care of my grandmother.

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In that process,

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I was complaining about going forward

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with electrical engineering.

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One day, one of the waiters comes to me and says,

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you know, you've been,

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I'm not gonna say exactly what he says.

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You've been blank and blanking for a long time.

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I don't understand what your problem is.

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You're gonna make more money than any of us.

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Why aren't you happy?

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And I told him, I need to do new things.

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That's when they told me about patent law.

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I applied to two law schools.

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The school I was in,

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which was not good at all for patent law,

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they didn't have a program.

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And I applied to the number one law school

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in the world for patent law.

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The school I was in said I didn't even qualify.

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The number one school admitted me.

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That's what got me into patent law

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and what got me into IP, okay?

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And so I've always had this protective nature about myself.

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And so my job is to protect.

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all of you. If I sense that there's certain things that you guys are walking into that's

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going to get you in trouble, I'm going to tell you how you can get around that landmine, okay?

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That's kind of like a background about me and why this course actually came to be.

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One last thing before we jump in. It was about 14 years ago, there was a young man who came into my

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office when I was at a different location before I started my own law firm, and he had an issue.

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He had a specific design. It was for a tilt switch, and he had no money. He had no money,

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but he wanted to own this tilt switch, and he says it can be used in anything. Anything from,

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you know, future phones that are going to be created to like a teapot. So if the teapot tips

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over, the tilt switch is thrown, and the power turns off, all these things can happen just with

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this tilt switch. So I said, well, this guy can't afford the legal services I provide, but I'm going

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to give him a ridiculous discount. So I charged him 20 percent of what I would usually bill at.

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This individual gets three patents. I filed three patents for him at like 20 percent of what the

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cost is. I'm not making this up, guys. Five years ago, Taiwanese corporation comes and

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threatens him and says, what you created infringes one of our patents. I do a review of the three

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patents that we filed. They infringe all three patents. We don't infringe their one. This

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individual who had just graduated from Dartmouth College, who I gave a discount to, shut down a

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Taiwanese corporation, like shut them down, makes money off of them, all because I realized that the

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power of owning intellectual property and how to shut down your opposition and to take territory

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as your own. If you actually have certain ideas that were bestowed upon you or like things that

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really resonate with you and you want to bring them forward, it's important to kind of mark

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your territory. Otherwise, other people will grab it. We're going to cover three things. We're going

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to cover trademarks, copyrights and patents. I'm not going to spend as much time on patents.

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Just out of curiosity, how many people here are like inventors and really interested in patents?

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Anybody? OK, that's all right. No, that's cool. If you are, that's fine. I just want to get an idea.

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OK, and how many people here are content creators? OK, we have a bunch of those.

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And then let's see. How many people here are artists? It's probably a show of hands.

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OK, got it. And then finally, authors in general, like you write books, blogs,

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websites, anything like that. OK, Benny, what do you do? I'm a contractor and I've got,

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I guess, trade secrets for methods that I use in certain procedures that we got it.

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OK. OK, that's helpful. Good. I know. I know it'll help you out to them. I'll add that in

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when I'm covering patents. I'll cover some trade secret stuff that will help you out as well.

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OK. All right. With that, we're going to jump in now. All right. We're going to go into trademarks

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first. OK, as I go into trademarks, understand this is the process that I'm going to use.

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I'm spending a lot of time explaining things to you on day one,

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day two and three and four. We go into a lot of just training. So.

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I'm going to stop at it, start at a top level, make sure everybody understands basic definitions,

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make sure everybody understands how things apply. Then I'm going to go deeper and go deeper.

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I'm going to go deeper. If you don't understand something, OK, if something doesn't make sense to

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you, I would suggest you go into VIP because then you can ask questions. If you if one thing that

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you can do at the end of the day is you can go live in the Facebook group. And this actually

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helps everybody. If you go live in the Facebook group and say. Hey, guys, you know, today's

246
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training, I found this extremely helpful. Like I didn't know this one thing. Share that with

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everybody. And then if you have a specific question, like type it in there or let me know,

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guys, you're getting a six hundred dollar an hour lawyer available to you for a whole week at ninety

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five dollars. Just grasp that for a moment. Take advantage of it. I mean, I don't tell people this

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00:14:48.960 --> 00:14:55.520
often, but take advantage of me. OK, like take advantage of this opportunity. Ask any questions.

251
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I'm here to try to help you any way possible. All right. Anything that I know.

252
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is available to you, right?

253
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And what you're going to find is as other people kind of raise

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their own issues, you're going to realize, oh, my gosh,

255
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I didn't think about that.

256
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And then you're going to come up with new questions.

257
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That's OK.

258
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So if you're on day three and we're covering copyright,

259
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and you just all of a sudden realize, oh, my gosh,

260
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I didn't understand that sequence

261
00:15:20.440 --> 00:15:22.520
that Peter was talking about where

262
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I want to own a domain name, but I should do a trademark search

263
00:15:25.720 --> 00:15:28.680
first, I shouldn't go and look at the domain name first

264
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and then leave because when I come back,

265
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the cost of the domain name is going to go up.

266
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I didn't really understand that.

267
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If you're on day three and you just

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start thinking of that issue, I don't care.

269
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Type it in the chat.

270
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Put it in Facebook.

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Raise it.

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Let me know how I can help you.

273
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Don't be bashful.

274
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Now, if you're in VIP, I expect you to be highly engaged.

275
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Say, hey, look, this is what I'm thinking of doing.

276
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Don't give me your inventions.

277
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Don't give me your trademarks.

278
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Just say, I'm thinking of doing this, this, and this.

279
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I'm kind of concerned about that.

280
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Or I'm going to be creating a software app.

281
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Is there anything I need to think about?

282
00:16:07.220 --> 00:16:09.620
Yeah, the software itself who is creating your app,

283
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they need to assign all right, title, and interest

284
00:16:11.740 --> 00:16:14.380
to the copyright over to you, which is the code.

285
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They also need to assign any proprietary rights

286
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to the functionality, which is covered under patent law.

287
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I'll walk you through all the things

288
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you need so that you'll be doing incredibly

289
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well as a business owner.

290
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So does that work for you guys?

291
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Yeah?

292
00:16:31.500 --> 00:16:34.180
OK, now we're going to start.

293
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So this is day one.

294
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We've covered administrative stuff.

295
00:16:38.540 --> 00:16:39.460
Ray, can I jump in?

296
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I knew your hand was there.

297
00:16:40.620 --> 00:16:42.580
I didn't even have to look at you.

298
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I said, Ray is going to raise her hand.

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For those of you that don't know,

300
00:16:46.020 --> 00:16:48.420
Ray is my operations manager.

301
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She's the one that actually makes it so I can do all this.

302
00:16:51.620 --> 00:16:54.460
So Ray has a point.

303
00:16:54.460 --> 00:16:56.220
Yes, Ray, go ahead.

304
00:16:56.220 --> 00:16:58.340
I always have a lot of points.

305
00:16:58.340 --> 00:17:00.620
But yes, I just want to let you guys know that if you haven't

306
00:17:00.620 --> 00:17:03.900
already joined VIP, I dropped the link inside the chat.

307
00:17:03.900 --> 00:17:06.500
You can click there and just keep the tab open.

308
00:17:06.500 --> 00:17:07.819
It'll give you a button.

309
00:17:07.819 --> 00:17:10.700
So once this session closes, you can go,

310
00:17:10.700 --> 00:17:12.859
because it's a different room with the password.

311
00:17:12.859 --> 00:17:15.020
So you can go straight over to VIP afterwards

312
00:17:15.020 --> 00:17:17.060
if you leave that tab open.

313
00:17:17.060 --> 00:17:20.579
Or you should get an email, hopefully in time.

314
00:17:20.579 --> 00:17:22.180
Just DM me if you don't.

315
00:17:22.180 --> 00:17:24.220
And lastly, just to kind of put it in perspective,

316
00:17:24.220 --> 00:17:29.940
because Peter doesn't pay too much focus on the money side,

317
00:17:29.940 --> 00:17:33.660
but the cost of VIP is $195.

318
00:17:33.660 --> 00:17:37.180
That's typically about $3,000 worth of Peter's time.

319
00:17:37.180 --> 00:17:38.780
So if you guys have any other lawyers

320
00:17:38.780 --> 00:17:41.060
that you end up working with, just to kind of give you

321
00:17:41.060 --> 00:17:43.500
the scales there, you're getting $3,000

322
00:17:43.500 --> 00:17:46.740
worth of lawyer interaction without the legal advice

323
00:17:46.740 --> 00:17:50.460
for $195 on top of this.

324
00:17:50.460 --> 00:17:51.940
OK, I'm done.

325
00:17:51.940 --> 00:17:53.340
All right, thank you so much.

326
00:17:53.340 --> 00:17:57.740
Yeah, and Ray, thanks for bringing that up.

327
00:17:57.740 --> 00:18:00.300
Just so you guys know, yeah, we don't really

328
00:18:00.300 --> 00:18:02.020
focus on the money side of this.

329
00:18:02.020 --> 00:18:04.700
But what's helpful for you to understand

330
00:18:04.700 --> 00:18:06.940
is that you're essentially getting

331
00:18:06.940 --> 00:18:10.380
five hours of training, which honestly, Ray will tell you,

332
00:18:10.380 --> 00:18:12.380
we end up turning that into like seven,

333
00:18:12.380 --> 00:18:14.380
because I never end on time.

334
00:18:14.380 --> 00:18:16.620
And then separate from that, you end up

335
00:18:16.620 --> 00:18:18.540
getting like five hours of VIP as well.

336
00:18:18.540 --> 00:18:20.860
So you're getting at least 10 hours of training

337
00:18:20.860 --> 00:18:23.820
at $600 an hour, which is like a $6,000 value, which

338
00:18:23.820 --> 00:18:24.980
is very helpful for you.

339
00:18:24.980 --> 00:18:28.460
So just trying to help you guys any way I can.

340
00:18:28.460 --> 00:18:32.220
All right, let me jump into trademarks now, OK?

341
00:18:32.220 --> 00:18:35.180
OK, what a trademark is, it's an identification

342
00:18:35.180 --> 00:18:37.100
of a source of goods, all right?

343
00:18:37.100 --> 00:18:38.820
That's the basic definition.

344
00:18:38.820 --> 00:18:44.220
Whether or not you know what that source of goods is,

345
00:18:44.220 --> 00:18:47.140
it's an identification of a source of goods or services.

346
00:18:47.180 --> 00:18:49.860
So it could be services that are provided,

347
00:18:49.860 --> 00:18:53.580
like McDonald's provides you with really bad for you

348
00:18:53.580 --> 00:18:54.380
burgers, right?

349
00:18:54.380 --> 00:18:55.180
That's a service.

350
00:18:55.180 --> 00:18:56.780
In case you didn't know, McDonald's

351
00:18:56.780 --> 00:18:59.140
did not sponsor this event.

352
00:18:59.140 --> 00:19:02.620
So then there's also like products.

353
00:19:02.620 --> 00:19:04.820
So Nike, right?

354
00:19:04.820 --> 00:19:07.460
Nike is a sneaker brand.

355
00:19:07.460 --> 00:19:11.660
So you've got certain products that can actually

356
00:19:11.660 --> 00:19:15.700
be protectable, meaning that trademark is associated

357
00:19:15.700 --> 00:19:17.660
with a product or that trademark

358
00:19:17.660 --> 00:19:19.140
is associated with a good.

359
00:19:19.140 --> 00:19:22.100
The Golden Arches are associated with the service

360
00:19:22.100 --> 00:19:23.740
of providing hamburgers.

361
00:19:23.740 --> 00:19:27.820
The Nike Swoosh is associated with sneakers, right?

362
00:19:27.820 --> 00:19:30.340
Now, you may have a company that provides

363
00:19:30.340 --> 00:19:33.460
both products and services, OK?

364
00:19:33.460 --> 00:19:35.060
Now, that's very possible.

365
00:19:35.060 --> 00:19:37.420
And quite often, that's usually the case.

366
00:19:37.420 --> 00:19:40.820
People will do, as an example, we

367
00:19:40.820 --> 00:19:43.020
do a training course, which is the Protect Your Idea

368
00:19:43.020 --> 00:19:43.540
Challenge.

369
00:19:43.540 --> 00:19:44.820
We also do Law for AI.

370
00:19:44.820 --> 00:19:45.820
We do other things.

371
00:19:45.820 --> 00:19:48.060
But then we also have certain products

372
00:19:48.060 --> 00:19:49.700
that we're going to sell.

373
00:19:49.700 --> 00:19:54.140
So we'll end up owning the trademark like Protection

374
00:19:54.140 --> 00:19:55.900
Portal or Protect Your Idea Challenge

375
00:19:55.900 --> 00:19:59.100
for the services, which is an international class 41.

376
00:19:59.100 --> 00:20:01.140
I'll talk to you more.

377
00:20:00.000 --> 00:20:01.220
about that later.

378
00:20:01.220 --> 00:20:03.560
You don't have to try to figure it out yet,

379
00:20:03.560 --> 00:20:08.520
but we're also own it for mugs and for t-shirts

380
00:20:08.520 --> 00:20:11.300
because those are the things that we're selling.

381
00:20:11.300 --> 00:20:15.900
So you may own the name that you have for your product,

382
00:20:15.900 --> 00:20:19.720
your services, your business, any of those,

383
00:20:19.720 --> 00:20:24.720
you may own that name for your products

384
00:20:24.720 --> 00:20:26.420
and separately for your services.

385
00:20:26.420 --> 00:20:30.480
So when you file a trademark application,

386
00:20:30.480 --> 00:20:32.060
when you file a trademark application,

387
00:20:32.060 --> 00:20:35.540
you have to specify if it's for a good or a service.

388
00:20:35.540 --> 00:20:38.780
You have to identify your goods or your services.

389
00:20:38.780 --> 00:20:40.420
So when I talk to you about trademarks,

390
00:20:40.420 --> 00:20:43.260
just understand that I'm not being specific

391
00:20:43.260 --> 00:20:44.900
as to a specific good or service.

392
00:20:44.900 --> 00:20:46.460
It could be either or.

393
00:20:46.460 --> 00:20:50.340
Now, trademarks fall into multiple categories.

394
00:20:50.340 --> 00:20:55.340
There are word marks like Nike, McDonald's, Microsoft,

395
00:20:56.860 --> 00:20:59.340
Samsung, those are all word marks.

396
00:20:59.340 --> 00:21:02.540
But then there are logos, right, which are designs.

397
00:21:02.540 --> 00:21:05.620
So like the Nike swoosh, the swoosh itself,

398
00:21:05.620 --> 00:21:08.420
that check mark that starts out thin and then gets fat

399
00:21:08.420 --> 00:21:13.420
and then gets really thin, that specifically is a design.

400
00:21:13.540 --> 00:21:14.940
Rae, did you raise your hand?

401
00:21:14.940 --> 00:21:17.580
Yeah, do you want me to screen share the Nike slide?

402
00:21:17.580 --> 00:21:18.820
Oh yeah, you can, that's fine.

403
00:21:18.860 --> 00:21:20.420
Yeah, go right ahead.

404
00:21:20.420 --> 00:21:24.700
So that is a logo, right, or a design.

405
00:21:24.700 --> 00:21:27.540
Now there's also another area of trademarks

406
00:21:27.540 --> 00:21:29.780
which are called slogans, okay?

407
00:21:29.780 --> 00:21:33.740
Slogans are like over here, you see, just do it.

408
00:21:33.740 --> 00:21:36.020
That's a slogan, okay?

409
00:21:36.020 --> 00:21:40.780
So that is, it's multiple words put together

410
00:21:40.780 --> 00:21:43.620
that identify a product or a service.

411
00:21:43.620 --> 00:21:48.060
So identifies a source of goods or service, okay?

412
00:21:48.060 --> 00:21:52.100
So just do it is a slogan, Noki, yeah.

413
00:21:52.100 --> 00:21:57.100
Nike is a word mark and the Nike swoosh is a logo.

414
00:21:58.020 --> 00:22:02.660
Now, what you see often though is you see over here

415
00:22:02.660 --> 00:22:07.340
the Nike where I have the arrows, right, thank you.

416
00:22:07.340 --> 00:22:11.180
So that Nike there, you'll often hear people

417
00:22:11.180 --> 00:22:14.300
call that a logo, right?

418
00:22:14.300 --> 00:22:17.580
They're not gonna just say the design mark is the logo,

419
00:22:18.060 --> 00:22:18.900
the design portion is a logo.

420
00:22:18.900 --> 00:22:22.180
They're gonna say that that entire thing is a logo.

421
00:22:22.180 --> 00:22:25.060
This is where it gets a little confusing, right?

422
00:22:25.060 --> 00:22:27.580
This is where some people say, well, all right,

423
00:22:27.580 --> 00:22:29.580
my logo is that thing with the Nike

424
00:22:29.580 --> 00:22:30.700
with the swoosh underneath it.

425
00:22:30.700 --> 00:22:35.420
Well, technically the design portion is the swoosh,

426
00:22:35.420 --> 00:22:38.620
the word mark is the Nike word itself,

427
00:22:38.620 --> 00:22:40.660
but since they put them together

428
00:22:40.660 --> 00:22:43.860
and they made it into kind of like an ornamental design,

429
00:22:43.860 --> 00:22:45.820
that technically is the logo,

430
00:22:45.860 --> 00:22:49.540
but the logo includes the word and the design.

431
00:22:49.540 --> 00:22:53.540
So do you see how you can actually have multiple trademarks

432
00:22:53.540 --> 00:22:54.980
in a single logo?

433
00:22:55.980 --> 00:22:57.940
All right, that's the first thing I wanna show you

434
00:22:57.940 --> 00:23:00.500
is that you may actually have,

435
00:23:00.500 --> 00:23:04.860
you may be using a logo that includes multiple trademarks.

436
00:23:04.860 --> 00:23:09.860
So you can always protect that logo with both in it,

437
00:23:09.940 --> 00:23:12.340
but you decrease the chances of you being able

438
00:23:12.340 --> 00:23:14.900
to stop others from using that logo

439
00:23:14.900 --> 00:23:17.100
if you don't own them separately.

440
00:23:17.100 --> 00:23:18.100
What do I mean by that?

441
00:23:18.100 --> 00:23:20.860
If somebody just uses Nike alone,

442
00:23:20.860 --> 00:23:22.820
you've now got to make an argument

443
00:23:22.820 --> 00:23:25.900
to a federal district court or to another party

444
00:23:25.900 --> 00:23:29.900
that their use of Nike actually is,

445
00:23:29.900 --> 00:23:32.860
it leads to a likelihood of confusion.

446
00:23:32.860 --> 00:23:35.100
Okay, and I'll explain what that is in a second,

447
00:23:35.100 --> 00:23:37.580
but the whole point being that

448
00:23:37.580 --> 00:23:39.900
if you have multiple parts to your logo,

449
00:23:39.900 --> 00:23:43.260
it's best to own the word mark separate from the design

450
00:23:44.140 --> 00:23:46.820
because then if anybody uses the design, they infringe.

451
00:23:46.820 --> 00:23:49.540
If anybody uses the word mark, they infringe.

452
00:23:49.540 --> 00:23:53.180
Okay, what you wanna be able to do is mark your territory.

453
00:23:53.180 --> 00:23:57.260
Okay, this is my, like I have here a bottle of water,

454
00:23:57.260 --> 00:23:59.820
right, this is Glacier Isle.

455
00:23:59.820 --> 00:24:02.820
Okay, so that's a bottle of water.

456
00:24:02.820 --> 00:24:05.540
You're gonna find out very soon why I have water.

457
00:24:06.860 --> 00:24:09.340
It's kind of a joke that we have going on.

458
00:24:09.340 --> 00:24:14.340
So that mark right there has multiple parts.

459
00:24:16.700 --> 00:24:19.740
There's the name portion, but then look down underneath,

460
00:24:19.740 --> 00:24:22.180
you see like the flag there,

461
00:24:23.300 --> 00:24:27.420
and it's got kind of like a style to it, not much.

462
00:24:27.420 --> 00:24:29.460
There's not much of a design to it.

463
00:24:29.460 --> 00:24:33.260
So really it's just a word mark in that case, right?

464
00:24:33.260 --> 00:24:36.380
But when you looked at the Nike with the swoosh underneath it

465
00:24:36.380 --> 00:24:38.900
that clearly has two distinguished parts.

466
00:24:39.460 --> 00:24:42.220
So I would be falling on both separately, okay?

467
00:24:42.220 --> 00:24:47.220
Now, it may be the case that nobody actually knows

468
00:24:47.260 --> 00:24:50.020
who you are, that doesn't matter.

469
00:24:50.020 --> 00:24:53.820
What matters is that they can identify the trademark.

470
00:24:53.820 --> 00:24:57.180
Okay, people get so caught up with,

471
00:24:57.180 --> 00:24:59.500
I need to make sure everybody knows this is who I am,

472
00:24:59.500 --> 00:25:00.500
this is my trademark.

473
00:25:00.000 --> 00:25:05.680
That's not as important as making them identify the trademark and knowing that they're going

474
00:25:05.680 --> 00:25:10.800
to get a certain quality of service or a certain quality of product.

475
00:25:10.800 --> 00:25:13.560
That's the most important part.

476
00:25:13.560 --> 00:25:20.760
Most people don't care that ChatGPT is owned by OpenAI.

477
00:25:20.760 --> 00:25:23.000
Most people don't care.

478
00:25:23.000 --> 00:25:26.560
What they care about is ChatGPT.

479
00:25:26.560 --> 00:25:32.800
For those of you that don't know, ChatGPT is an AI software platform that's utilized.

480
00:25:32.800 --> 00:25:35.120
All they care about is, is that ChatGPT?

481
00:25:35.120 --> 00:25:36.120
Yeah.

482
00:25:36.120 --> 00:25:37.120
I want that.

483
00:25:37.120 --> 00:25:38.120
Give me that.

484
00:25:38.120 --> 00:25:42.160
Sometimes you spend a lot of time and effort trying to make sure that your name is associated

485
00:25:42.160 --> 00:25:45.640
with a trademark, which may not be that important.

486
00:25:45.640 --> 00:25:50.440
You may want to spend a lot more of your time and money on marketing the trademark itself,

487
00:25:50.440 --> 00:25:54.800
the quality of the products associated with it, the quality of the services associated

488
00:25:54.800 --> 00:25:59.240
with it, and decrease the budget on saying, yeah, this is Peter Nieves.

489
00:25:59.240 --> 00:26:02.080
This is my protection portal.

490
00:26:02.080 --> 00:26:04.080
It shouldn't matter.

491
00:26:04.080 --> 00:26:07.280
The more people that see that name, you want them drawn to the name.

492
00:26:07.280 --> 00:26:10.760
Now, there are certain people that when you see the name, you're drawn to whatever they

493
00:26:10.760 --> 00:26:11.760
do.

494
00:26:11.760 --> 00:26:12.760
Right?

495
00:26:12.760 --> 00:26:15.000
Grant Cardone, Tony Robbins, Peter O'Dell.

496
00:26:15.000 --> 00:26:18.480
You see the name, you go to the service.

497
00:26:18.480 --> 00:26:23.040
In those cases, you can actually own the name.

498
00:26:23.040 --> 00:26:27.040
There's a point where a certain person's name becomes so well known that they can file

499
00:26:27.040 --> 00:26:31.800
a trademark for their name itself, but you've got to be considered famous to be able to

500
00:26:31.800 --> 00:26:34.320
own your own name.

501
00:26:34.320 --> 00:26:36.260
Why am I telling you all this stuff?

502
00:26:36.260 --> 00:26:40.720
What is this relationship between your name and the trademark?

503
00:26:40.720 --> 00:26:48.480
What I've seen a lot of times is people get stuck in this, trying to associate themselves

504
00:26:48.480 --> 00:26:50.560
with a specific trademark.

505
00:26:50.560 --> 00:26:53.840
I just want you to understand you don't need to.

506
00:26:53.840 --> 00:26:59.280
The value of a trademark is other people seeing it and say, I'm getting a certain quality

507
00:26:59.280 --> 00:27:01.040
of good or service.

508
00:27:01.040 --> 00:27:05.960
It has a certain reasonable price, and I know it's good.

509
00:27:05.960 --> 00:27:07.840
That's it.

510
00:27:07.840 --> 00:27:10.720
How many people here know who makes NyQuil?

511
00:27:10.720 --> 00:27:11.720
Does anybody know?

512
00:27:11.720 --> 00:27:15.240
Now, does anybody care?

513
00:27:15.240 --> 00:27:16.240
I don't care.

514
00:27:16.280 --> 00:27:22.640
If you're not feeling well, and you want to be able to sleep, and you have a cold or whatever,

515
00:27:22.640 --> 00:27:25.320
you take NyQuil.

516
00:27:25.320 --> 00:27:27.640
Does anybody care that it's made by Vicks?

517
00:27:27.640 --> 00:27:28.640
Nobody cares.

518
00:27:28.640 --> 00:27:31.960
They understand the price point, they understand where they can buy it, and they understand

519
00:27:31.960 --> 00:27:32.960
what it does.

520
00:27:32.960 --> 00:27:34.600
That's what you care about.

521
00:27:34.600 --> 00:27:38.320
Your trademark becomes one of the most valuable assets of your company.

522
00:27:38.320 --> 00:27:40.120
It's called an intangible asset.

523
00:27:40.120 --> 00:27:45.760
Now, I'm going to tell you what kind of rights you get with a trademark.

524
00:27:46.280 --> 00:27:52.920
Now, just understand that the big thing about a trademark is before you start using that

525
00:27:52.920 --> 00:27:58.760
trademark, you want to make sure that it's clear from any potential infringement, meaning

526
00:27:58.760 --> 00:28:03.520
if you're going to use a name for a good or a service, you got to make sure that that

527
00:28:03.520 --> 00:28:09.760
name is available, but not only that that name is available, but that there's nothing

528
00:28:09.840 --> 00:28:14.760
similar to it for similar goods or services.

529
00:28:14.760 --> 00:28:18.840
Otherwise, you can result in what's called trademark infringement.

530
00:28:18.840 --> 00:28:21.520
And that's where you end up having to pay a lawyer.

531
00:28:21.520 --> 00:28:25.000
You end up having to pay, you know, give up your trademark.

532
00:28:25.000 --> 00:28:28.800
You have to pull product from the shelf, change your funnel, your website.

533
00:28:28.800 --> 00:28:33.320
You can spend tens of hundreds of thousands of dollars rebranding, typically it's tens

534
00:28:33.320 --> 00:28:38.000
of thousands of dollars rebranding just because you didn't do a trademark search.

535
00:28:38.000 --> 00:28:41.320
So what I'm going to do right up front is I'm going to show you guys how to do a trademark

536
00:28:41.320 --> 00:28:42.320
search.

537
00:28:42.320 --> 00:28:45.560
OK, we're going to go right into it.

538
00:28:45.560 --> 00:28:49.920
Because what I want everybody to be able to do as homework tonight is a search for your

539
00:28:49.920 --> 00:28:55.400
own names to be able to search for your company name, search for your product name, search

540
00:28:55.400 --> 00:28:57.360
for your service name.

541
00:28:57.360 --> 00:28:59.880
I want you to be able to do that right up front.

542
00:28:59.880 --> 00:29:04.040
OK, so in about five minutes, I'm going to walk you through and I've never done this

543
00:29:04.040 --> 00:29:05.040
before.

544
00:29:05.040 --> 00:29:06.040
I usually do this on day two.

545
00:29:06.080 --> 00:29:11.320
This is the first time ever I feel moved to just kind of train you guys now on how to

546
00:29:11.320 --> 00:29:15.720
do searches, because I have a feeling a number of you are thinking of using certain names

547
00:29:15.720 --> 00:29:17.360
and you're not sure if you should use it yet.

548
00:29:17.360 --> 00:29:19.760
And I see a lot of heads going up and down already.

549
00:29:19.760 --> 00:29:22.360
So apparently I was right.

550
00:29:22.360 --> 00:29:27.480
OK, so let me kind of show you one more thing associated with trademarks.

551
00:29:27.480 --> 00:29:31.720
Ray, can you pull up that image again that you showed?

552
00:29:31.720 --> 00:29:32.720
The Nike one.

553
00:29:33.400 --> 00:29:35.520
So I want to show you guys something here.

554
00:29:35.520 --> 00:29:37.000
Make sure you don't make this mistake.

555
00:29:43.520 --> 00:29:47.240
There is a difference between the TM and the Circle R.

556
00:29:49.400 --> 00:29:55.680
I want to make sure you understand this, because if you do this wrong, you could be sued for

557
00:29:55.680 --> 00:29:58.280
what's called tortious interference with business practice.

558
00:29:59.320 --> 00:30:00.080
Or unfair.

559
00:30:00.000 --> 00:30:01.640
for business practice.

560
00:30:01.640 --> 00:30:05.400
So I don't want anybody ending up in this situation.

561
00:30:05.400 --> 00:30:07.560
So for that reason, I'm gonna explain to you

562
00:30:07.560 --> 00:30:12.000
when to use a TM, when to use a Circle R, okay?

563
00:30:12.000 --> 00:30:14.880
When you don't have to file anything

564
00:30:16.240 --> 00:30:18.480
to have legal rights under trademark law.

565
00:30:21.080 --> 00:30:24.120
That's something that's really important to understand.

566
00:30:24.120 --> 00:30:26.120
You actually don't have to file

567
00:30:26.120 --> 00:30:27.600
a federal trademark application

568
00:30:27.600 --> 00:30:29.680
to have rights under trademark law.

569
00:30:29.680 --> 00:30:30.960
What do I mean by that?

570
00:30:32.240 --> 00:30:35.640
You have what's called common law trademark rights

571
00:30:35.640 --> 00:30:38.720
if you're using your trademark on your good or service

572
00:30:38.720 --> 00:30:40.960
in what's called interstate commerce.

573
00:30:40.960 --> 00:30:43.920
In other words, let's say Desio,

574
00:30:43.920 --> 00:30:47.960
what he does is he makes headsets, right?

575
00:30:47.960 --> 00:30:49.280
Let's say he makes like earbuds.

576
00:30:49.280 --> 00:30:51.880
So here's the earbuds, right?

577
00:30:51.880 --> 00:30:53.680
These are Sony earbuds.

578
00:30:53.680 --> 00:30:55.680
So let's say he makes some of these.

579
00:30:56.680 --> 00:31:01.680
And he doesn't have a federal trademark application filed.

580
00:31:02.040 --> 00:31:03.760
He doesn't have a registration,

581
00:31:03.760 --> 00:31:06.720
but he's selling product to Joyce, right?

582
00:31:06.720 --> 00:31:08.960
And so let's say Joyce is in Florida.

583
00:31:08.960 --> 00:31:12.240
Let's say Desio is in like California.

584
00:31:12.240 --> 00:31:13.880
Let's say that's the case, right?

585
00:31:15.960 --> 00:31:18.400
Let's say he's selling into Destin, Florida.

586
00:31:18.400 --> 00:31:23.320
He may get legal rights to the trademark in Destin, Florida

587
00:31:23.320 --> 00:31:25.240
because he's selling the product

588
00:31:25.240 --> 00:31:28.320
with his trademark on it into Destin, Florida.

589
00:31:28.320 --> 00:31:30.320
So he can have certain legal rights

590
00:31:30.320 --> 00:31:32.400
under what's called common law rights,

591
00:31:32.400 --> 00:31:34.280
even though he didn't file anything.

592
00:31:34.280 --> 00:31:36.120
And the first one to make that sale

593
00:31:36.120 --> 00:31:38.280
actually has preemptive rights.

594
00:31:38.280 --> 00:31:41.080
That's the one who has the legal right

595
00:31:41.080 --> 00:31:43.080
to continue using that name

596
00:31:43.080 --> 00:31:44.400
in what's called interstate commerce,

597
00:31:44.400 --> 00:31:47.120
across straight lines, all right?

598
00:31:47.120 --> 00:31:49.280
That's even though he didn't file anything.

599
00:31:50.560 --> 00:31:52.920
So how does he tell the public?

600
00:31:52.920 --> 00:31:55.600
I've got certain legal rights to my name,

601
00:31:57.160 --> 00:31:59.080
meaning whatever trademark he wants to use,

602
00:31:59.080 --> 00:32:00.760
how does he tell the public?

603
00:32:00.760 --> 00:32:04.160
He puts a TM on it, right?

604
00:32:05.760 --> 00:32:06.600
That's what you do.

605
00:32:06.600 --> 00:32:08.120
You mark it with a TM.

606
00:32:09.200 --> 00:32:13.320
By using that TM, you're placing the public on notice

607
00:32:14.520 --> 00:32:17.240
that this is your own trademark, okay?

608
00:32:19.160 --> 00:32:21.080
Does that make sense?

609
00:32:21.080 --> 00:32:21.920
It doesn't make sense.

610
00:32:21.920 --> 00:32:24.120
All right, Joyce, we'll put it this way.

611
00:32:24.120 --> 00:32:26.360
So you know that song?

612
00:32:26.360 --> 00:32:28.280
If you like it, then you put a ring on it.

613
00:32:28.280 --> 00:32:29.200
You know that song?

614
00:32:29.200 --> 00:32:30.200
So instead it's gonna be,

615
00:32:30.200 --> 00:32:32.240
if you like it, then you put a TM on it.

616
00:32:32.240 --> 00:32:33.080
Does that help?

617
00:32:33.080 --> 00:32:34.480
Does that help at all?

618
00:32:34.480 --> 00:32:35.640
No, it didn't help, right?

619
00:32:35.640 --> 00:32:37.240
But now you're not gonna forget, right?

620
00:32:37.240 --> 00:32:40.240
Absolutely going on your blooper reel.

621
00:32:40.240 --> 00:32:41.520
I know, we got a blooper reel.

622
00:32:41.520 --> 00:32:43.120
It's just getting bigger and bigger.

623
00:32:43.120 --> 00:32:45.640
All right, Joyce, let me break it down for you.

624
00:32:45.640 --> 00:32:50.040
So if you're using a name or a logo,

625
00:32:50.040 --> 00:32:51.360
let's make it simple.

626
00:32:51.800 --> 00:32:55.120
Let's say that you have the Nike swoosh, right?

627
00:32:55.120 --> 00:32:57.760
And you're selling product with the Nike swoosh on it,

628
00:32:57.760 --> 00:33:00.160
and you're selling it into another geographical region

629
00:33:00.160 --> 00:33:01.520
in the United States.

630
00:33:01.520 --> 00:33:03.160
You're in Florida, you're selling,

631
00:33:03.160 --> 00:33:06.360
or you're in California, you're selling into Destin, Florida.

632
00:33:06.360 --> 00:33:09.160
Because you're selling product across state lines

633
00:33:09.160 --> 00:33:10.640
with that trademark on it,

634
00:33:10.640 --> 00:33:13.760
you have automatically certain legal rights

635
00:33:13.760 --> 00:33:15.520
under what's called common law.

636
00:33:15.520 --> 00:33:17.960
You automatically get certain legal rights.

637
00:33:17.960 --> 00:33:22.120
So if somebody else starts using that exact same name

638
00:33:22.120 --> 00:33:26.000
in that same region where you're selling product already,

639
00:33:26.000 --> 00:33:26.840
you can say to them,

640
00:33:26.840 --> 00:33:29.560
hey, I've got certain legal rights under common law.

641
00:33:30.640 --> 00:33:32.280
I preempt you, I beat you,

642
00:33:32.280 --> 00:33:34.400
because I started using it before you.

643
00:33:34.400 --> 00:33:37.160
That's called common law trademark rights.

644
00:33:37.160 --> 00:33:39.200
Somebody type that in the chat.

645
00:33:39.200 --> 00:33:44.200
Common law trademark rights, okay?

646
00:33:44.280 --> 00:33:46.720
This is really important to understand.

647
00:33:46.760 --> 00:33:49.440
This is how big companies shut down little people.

648
00:33:50.280 --> 00:33:51.320
This is what they do.

649
00:33:53.240 --> 00:33:55.040
Common law trademark rights.

650
00:33:56.320 --> 00:33:57.800
So if you've been using a trademark

651
00:33:57.800 --> 00:33:59.480
in a specific geographical region,

652
00:33:59.480 --> 00:34:01.160
and another party comes along and says,

653
00:34:01.160 --> 00:34:04.120
hey, I got a federal registration on that,

654
00:34:05.160 --> 00:34:06.280
and you beat them,

655
00:34:06.280 --> 00:34:07.360
like you started using it

656
00:34:07.360 --> 00:34:09.320
before they filed their application,

657
00:34:09.320 --> 00:34:10.600
you actually beat them.

658
00:34:10.600 --> 00:34:13.400
You can stop them from using that federal trademark

659
00:34:13.400 --> 00:34:16.120
in your specific geographical region.

660
00:34:17.080 --> 00:34:20.760
It's called preemptive common law rights.

661
00:34:20.760 --> 00:34:22.679
It's called, again, common law.

662
00:34:22.679 --> 00:34:24.840
You just gotta remember the term common law.

663
00:34:24.840 --> 00:34:26.960
If you used it first,

664
00:34:26.960 --> 00:34:29.159
before somebody else filed a trademark application,

665
00:34:29.159 --> 00:34:31.360
you have common law rights.

666
00:34:31.360 --> 00:34:33.199
This will save your company.

667
00:34:33.199 --> 00:34:34.600
This will save your products.

668
00:34:34.600 --> 00:34:36.320
This will save your services.

669
00:34:36.320 --> 00:34:40.080
We had a person who was in this program about a year ago.

670
00:34:41.040 --> 00:34:42.840
He was selling a certain product

671
00:34:43.960 --> 00:34:45.600
for an elongated period of time.

672
00:34:45.639 --> 00:34:48.520
For five years, he had been selling the product.

673
00:34:48.520 --> 00:34:50.080
Along comes this other company,

674
00:34:50.080 --> 00:34:52.199
big, big, big company,

675
00:34:52.199 --> 00:34:54.280
and says, hey, we have a federal registration

676
00:34:54.280 --> 00:34:55.719
for that exact name.

677
00:34:55.719 --> 00:34:57.000
You need to stop.

678
00:34:57.000 --> 00:34:59.640
He calls up his corporate law attorney and says, hey.

679
00:35:00.000 --> 00:35:02.240
we got the cease and desist, what do we do?

680
00:35:02.240 --> 00:35:04.240
Corporate law attorney says, well, you need to stop.

681
00:35:04.240 --> 00:35:06.080
They got a federal registration.

682
00:35:06.080 --> 00:35:07.400
He never had to stop.

683
00:35:08.800 --> 00:35:11.720
He'd been using it five years before they did.

684
00:35:11.720 --> 00:35:13.320
He actually could have told them,

685
00:35:13.320 --> 00:35:15.940
no, you actually owe me royalties

686
00:35:15.940 --> 00:35:17.600
because you're selling in my state,

687
00:35:17.600 --> 00:35:19.780
in my specific geographical region.

688
00:35:19.780 --> 00:35:20.620
It's not state.

689
00:35:20.620 --> 00:35:23.620
It usually comes down to like city or town within a state,

690
00:35:23.620 --> 00:35:25.300
but you own a specific region.

691
00:35:25.300 --> 00:35:29.140
So just remember, please, common law trademark rights.

692
00:35:29.140 --> 00:35:33.360
Now, if you're starting to sell a product

693
00:35:33.360 --> 00:35:37.320
with that trademark, put a TM on it immediately.

694
00:35:37.320 --> 00:35:40.080
Don't wait, put the TM on it

695
00:35:40.080 --> 00:35:41.960
because you're placing the public on notice.

696
00:35:41.960 --> 00:35:46.560
Now they know that Joyce believes this is her trademark.

697
00:35:46.560 --> 00:35:48.560
So since she put a TM on it,

698
00:35:48.560 --> 00:35:50.520
they know to stay away from that trademark,

699
00:35:50.520 --> 00:35:53.040
from that logo or from that word.

700
00:35:53.040 --> 00:35:54.980
Okay, that's why you use the TM.

701
00:35:54.980 --> 00:35:56.520
You don't even have to have filed

702
00:35:56.540 --> 00:35:59.520
a trademark application yet to actually use a TM.

703
00:36:01.420 --> 00:36:02.340
Do you get that?

704
00:36:03.180 --> 00:36:04.340
I'm showing you guys,

705
00:36:04.340 --> 00:36:06.060
in case you guys haven't figured out yet,

706
00:36:06.060 --> 00:36:10.180
I'm showing you guys how to save money, right?

707
00:36:10.180 --> 00:36:12.100
You have certain legal rights

708
00:36:12.100 --> 00:36:15.300
without even talking to a lawyer.

709
00:36:15.300 --> 00:36:17.380
You have certain legal rights.

710
00:36:17.380 --> 00:36:19.060
Now I'm not telling you don't include lawyers.

711
00:36:19.060 --> 00:36:22.420
Just to be clear, you're not doing this trademark class.

712
00:36:22.420 --> 00:36:23.820
And what did you say?

713
00:36:24.800 --> 00:36:27.240
Jacob's hilarious.

714
00:36:27.240 --> 00:36:31.680
So I'm not teaching you guys how to never talk to lawyers

715
00:36:31.680 --> 00:36:33.160
because that's a very bad idea.

716
00:36:33.160 --> 00:36:36.200
You can get in some nasty trouble by doing that.

717
00:36:36.200 --> 00:36:37.720
The things that you're learning here,

718
00:36:37.720 --> 00:36:39.880
there's certain things you can do on your own

719
00:36:39.880 --> 00:36:41.920
and I'll try to flag those for you.

720
00:36:41.920 --> 00:36:43.560
And then there's certain things that you'll do

721
00:36:43.560 --> 00:36:47.760
so that you're bringing less issues to your lawyers, right?

722
00:36:47.760 --> 00:36:49.720
So let's say as an example,

723
00:36:49.720 --> 00:36:52.120
Patty's got five trademarks she's thinking of,

724
00:36:52.140 --> 00:36:54.980
five different trademarks, one, two, three, four, five.

725
00:36:54.980 --> 00:36:56.580
Okay?

726
00:36:56.580 --> 00:36:58.420
Now you can call your lawyer and you can say,

727
00:36:58.420 --> 00:37:01.380
hey, I've got five trademarks I'm thinking of using.

728
00:37:01.380 --> 00:37:04.020
So now you gotta pay your attorney

729
00:37:04.020 --> 00:37:06.540
to do a trademark search for five different names.

730
00:37:07.740 --> 00:37:09.500
Well, what if you actually went online

731
00:37:09.500 --> 00:37:11.020
and you did some searching yourself

732
00:37:11.020 --> 00:37:12.860
and you knocked out like two of them,

733
00:37:14.420 --> 00:37:18.060
or three of them, or even better, four of them.

734
00:37:18.060 --> 00:37:21.140
Now you're calling your lawyer for one thing.

735
00:37:21.140 --> 00:37:22.920
How many of you think you're gonna save money

736
00:37:22.920 --> 00:37:23.760
on your legal fees

737
00:37:23.760 --> 00:37:26.560
if you call your lawyer for one thing versus five things?

738
00:37:30.200 --> 00:37:31.800
You see what I'm saying?

739
00:37:31.800 --> 00:37:32.840
Like what we're trying to do

740
00:37:32.840 --> 00:37:36.000
is we're trying to make you aware of certain things

741
00:37:36.000 --> 00:37:37.960
that you can do on your own

742
00:37:37.960 --> 00:37:40.960
so that when you're in a relationship with an attorney,

743
00:37:40.960 --> 00:37:44.360
it's so much more robust, it's so much more productive.

744
00:37:44.360 --> 00:37:48.200
Look, how many people here go to your mechanic for your car

745
00:37:48.220 --> 00:37:51.740
and say, hey, can you just fix everything in my car?

746
00:37:51.740 --> 00:37:53.220
Tell me, how many people?

747
00:37:53.220 --> 00:37:54.740
Anybody?

748
00:37:54.740 --> 00:37:56.100
Nobody?

749
00:37:56.100 --> 00:37:56.940
Why?

750
00:37:58.060 --> 00:37:59.200
Why don't you do that?

751
00:38:00.620 --> 00:38:01.740
Because if you do that,

752
00:38:01.740 --> 00:38:05.100
you're gonna be paying for a lot of different things.

753
00:38:05.100 --> 00:38:07.500
Things that like don't need to be fixed yet

754
00:38:07.500 --> 00:38:08.820
to keep the car running.

755
00:38:08.820 --> 00:38:10.500
I mean, the way I keep my car going,

756
00:38:10.500 --> 00:38:12.940
it's like, if it's a problem, then I fix it.

757
00:38:12.940 --> 00:38:16.740
If it's not a problem yet, I don't fix it, right?

758
00:38:16.740 --> 00:38:18.120
And so it's the same thing.

759
00:38:18.120 --> 00:38:19.440
When you're working with your attorneys,

760
00:38:19.440 --> 00:38:23.640
it's important to have a strong infrastructure built

761
00:38:23.640 --> 00:38:25.880
so that when you interact with your attorneys,

762
00:38:25.880 --> 00:38:29.600
you're minimizing your legal costs in your time, okay?

763
00:38:29.600 --> 00:38:31.680
And actually it helps us as attorneys as well

764
00:38:31.680 --> 00:38:33.120
if you understand these things.

765
00:38:33.120 --> 00:38:35.920
It really makes our lives a lot easier, okay?

766
00:38:35.920 --> 00:38:40.080
All right, so now we talked about when you use a TM.

767
00:38:40.080 --> 00:38:43.080
Second you start using it in interstate commerce,

768
00:38:43.080 --> 00:38:45.280
boom, put a TM on it, okay?

769
00:38:45.300 --> 00:38:48.700
Now, what about the Circle R?

770
00:38:50.460 --> 00:38:52.960
Do not, please, please hear this

771
00:38:52.960 --> 00:38:54.740
because I don't want to hear that anybody here

772
00:38:54.740 --> 00:38:56.860
got sued for this, okay?

773
00:38:56.860 --> 00:39:00.180
Do not use a Circle R unless you get a federal registration.

774
00:39:00.180 --> 00:39:02.660
I don't mean file a trademark application.

775
00:39:02.660 --> 00:39:04.780
I don't mean file for a federal registration.

776
00:39:04.780 --> 00:39:06.640
I mean, get a federal registration.

777
00:39:09.620 --> 00:39:10.660
Does that make sense?

778
00:39:12.620 --> 00:39:14.240
You need to get a document

779
00:39:14.260 --> 00:39:16.780
from the United States Patent and Trademark Office

780
00:39:16.780 --> 00:39:18.660
that is a certificate that says

781
00:39:18.660 --> 00:39:20.740
you have received a registration.

782
00:39:20.740 --> 00:39:24.900
Here is your registration number, not your serial number.

783
00:39:24.900 --> 00:39:26.720
The second you file a trademark application,

784
00:39:26.720 --> 00:39:28.460
you get a serial number.

785
00:39:28.460 --> 00:39:32.580
You don't get a registration until your case is registered.

786
00:39:32.580 --> 00:39:34.660
The process of filing a trademark application

787
00:39:34.660 --> 00:39:37.620
is you file it, you get a serial number,

788
00:39:37.620 --> 00:39:39.740
it gets assigned to an examiner.

789
00:39:39.740 --> 00:39:41.500
They either allow it, they either say,

790
00:39:41.520 --> 00:39:44.680
yes, this is allowable, or they say, no, it's not allowable.

791
00:39:44.680 --> 00:39:46.840
If they say it is allowable,

792
00:39:46.840 --> 00:39:51.440
then it gets published for 30 days.

793
00:39:51.440 --> 00:39:54.120
And within those 30 days, if nobody opposes it,

794
00:39:54.120 --> 00:39:56.040
then you go to registration.

795
00:39:56.040 --> 00:40:00.160
And at that point, your trademark can be registered, okay?

796
00:40:00.000 --> 00:40:03.480
Once it's registered with the registration number,

797
00:40:03.480 --> 00:40:05.560
now you use the Circle R.

798
00:40:05.560 --> 00:40:07.240
Don't use the Circle R otherwise.

799
00:40:07.240 --> 00:40:10.960
I'm telling you this because I've seen it and it's brutal.

800
00:40:12.200 --> 00:40:14.240
People that are just trying to do business,

801
00:40:14.240 --> 00:40:15.440
they don't know any difference.

802
00:40:15.440 --> 00:40:17.840
And one of the things that are added in the lawsuit

803
00:40:17.840 --> 00:40:20.420
is tortious interference with business practice

804
00:40:20.420 --> 00:40:22.160
or unfair business practice.

805
00:40:22.160 --> 00:40:24.520
And the reason why is because what you're doing

806
00:40:24.520 --> 00:40:25.500
is you're telling the public

807
00:40:25.500 --> 00:40:27.140
that you have a federal registration

808
00:40:27.180 --> 00:40:30.740
for something you don't have a federal registration for.

809
00:40:30.740 --> 00:40:32.660
And so the government says, no, no, no, no, no,

810
00:40:32.660 --> 00:40:34.540
we're not gonna allow that.

811
00:40:34.540 --> 00:40:36.740
We're not gonna allow you to tell the public

812
00:40:36.740 --> 00:40:40.100
that you own the property and the house

813
00:40:40.100 --> 00:40:42.140
when you didn't even apply for the house.

814
00:40:43.440 --> 00:40:45.620
Or that you own the house

815
00:40:45.620 --> 00:40:48.880
when you're like talking to the real estate agent.

816
00:40:48.880 --> 00:40:51.140
Like you can't have a party and a wedding

817
00:40:51.140 --> 00:40:53.260
in somebody's house that you don't own.

818
00:40:53.260 --> 00:40:57.020
That's what the government's essentially saying to you.

819
00:40:57.860 --> 00:41:00.160
They're trying to make sure that you have the legal right.

820
00:41:00.160 --> 00:41:01.880
I hit that really hard intentionally

821
00:41:01.880 --> 00:41:03.140
because I've seen recently

822
00:41:03.140 --> 00:41:05.020
some people get in some big trouble.

823
00:41:05.020 --> 00:41:07.060
I just wanna make sure you guys understand this.

824
00:41:07.060 --> 00:41:10.220
Use your TM, go for it, use a TM.

825
00:41:10.220 --> 00:41:12.060
Don't use a Circle R.

826
00:41:12.060 --> 00:41:15.520
Use a Circle R after you get a federal registration, okay?

827
00:41:15.520 --> 00:41:17.220
And then again, now I'm gonna walk you

828
00:41:17.220 --> 00:41:20.220
into a really basic trademark search before we...

829
00:41:22.180 --> 00:41:24.180
Oh, you're welcome, you're welcome.

830
00:41:24.180 --> 00:41:25.460
That's awesome, you're welcome.

831
00:41:25.460 --> 00:41:27.860
So, I'm gonna walk you into a trademark search

832
00:41:27.860 --> 00:41:31.380
very quickly, and then tomorrow we'll go

833
00:41:31.380 --> 00:41:33.100
into a lot more detail on a trademark search.

834
00:41:33.100 --> 00:41:35.680
But I want you to get some of these basics.

835
00:41:35.680 --> 00:41:39.460
The TM versus Circle R, common law legal rights,

836
00:41:39.460 --> 00:41:43.180
trademarks are a first to file system, okay?

837
00:41:43.180 --> 00:41:46.020
If you're going for a trademark registration,

838
00:41:46.020 --> 00:41:48.620
the one who files it first wins.

839
00:41:50.020 --> 00:41:51.940
If Patty and Ray,

840
00:41:55.980 --> 00:41:57.900
there's gonna be an MMA battle over here.

841
00:41:57.900 --> 00:42:01.020
If Patty and Ray both have the same name

842
00:42:01.020 --> 00:42:04.100
that they wanna go for, and Patty beats Ray

843
00:42:04.100 --> 00:42:07.180
by five minutes in the filing of the trademark application,

844
00:42:07.180 --> 00:42:09.860
Patty wins, that's it.

845
00:42:09.860 --> 00:42:10.700
It's over.

846
00:42:10.700 --> 00:42:12.700
Patty, I thought we were friends.

847
00:42:12.700 --> 00:42:14.260
I thought you guys were friends too,

848
00:42:14.260 --> 00:42:17.020
but apparently that's about as far as it went.

849
00:42:17.020 --> 00:42:18.360
Financially, you lost, Ray.

850
00:42:18.360 --> 00:42:22.740
Now, if Ray had been using it for two years online,

851
00:42:22.860 --> 00:42:26.380
online, the specific regions where she's been selling,

852
00:42:26.380 --> 00:42:30.060
she has preemptive rights under common law, right?

853
00:42:30.060 --> 00:42:31.260
Under common law.

854
00:42:31.260 --> 00:42:33.900
So how many people here sell products

855
00:42:33.900 --> 00:42:36.300
or services online by a show of hands?

856
00:42:38.220 --> 00:42:40.180
Yeah, I know there's a lot of you.

857
00:42:40.180 --> 00:42:41.340
I know there's a lot of you.

858
00:42:41.340 --> 00:42:44.700
And I think, is my buddy, Tyler's here too.

859
00:42:44.700 --> 00:42:46.180
Tyler is awesome.

860
00:42:46.180 --> 00:42:47.500
I know Tyler does this too.

861
00:42:47.500 --> 00:42:50.420
Okay, here's the thing.

862
00:42:50.420 --> 00:42:54.940
The way you determine what legal rights you have

863
00:42:54.940 --> 00:42:58.940
if you sell online is where are you selling into?

864
00:42:59.980 --> 00:43:01.220
Okay?

865
00:43:01.220 --> 00:43:06.220
So if you sell, let's say you sell a framed painting online

866
00:43:08.580 --> 00:43:12.120
and you sold it into Destin, Florida, Concord, New Hampshire,

867
00:43:13.420 --> 00:43:18.020
and I don't know, what's another geographical region?

868
00:43:21.420 --> 00:43:24.860
How about White Plains, New York?

869
00:43:24.860 --> 00:43:25.700
Okay?

870
00:43:25.700 --> 00:43:28.340
That means you have legal rights in those three places.

871
00:43:30.100 --> 00:43:32.700
Okay, those specific geographical regions

872
00:43:32.700 --> 00:43:36.060
you have rights under, even though you're sitting

873
00:43:36.060 --> 00:43:39.100
at your house, you know, in Brooklyn, New York,

874
00:43:39.100 --> 00:43:40.980
selling online, you have legal rights

875
00:43:40.980 --> 00:43:43.860
in those specific geographical regions

876
00:43:43.860 --> 00:43:46.860
because that's where you sold, all right?

877
00:43:46.860 --> 00:43:49.460
That's how you determine what legal rights you have.

878
00:43:50.540 --> 00:43:53.460
Selling online right now is so hot.

879
00:43:53.460 --> 00:43:55.060
It's such a big market.

880
00:43:55.060 --> 00:43:56.900
It's a massive market.

881
00:43:56.900 --> 00:43:59.620
If you understand this, then what you're gonna be doing

882
00:43:59.620 --> 00:44:02.860
is whenever you use your logos on your products

883
00:44:02.860 --> 00:44:04.740
or your services on your website,

884
00:44:04.740 --> 00:44:09.460
you're going to market with the TM immediately, all right?

885
00:44:09.460 --> 00:44:12.780
Just because you have a funnel or a website

886
00:44:12.780 --> 00:44:15.260
that sells your products doesn't mean

887
00:44:15.260 --> 00:44:18.180
you shouldn't be marking your funnel itself.

888
00:44:18.180 --> 00:44:21.660
Like your trademark should be identifiable alone.

889
00:44:21.660 --> 00:44:25.260
Like it's a, as an example, if it's Nike,

890
00:44:25.260 --> 00:44:28.940
it says Nike, like right at the top.

891
00:44:28.940 --> 00:44:32.620
And then there's your product next to it, your sneakers.

892
00:44:32.620 --> 00:44:34.780
The image can, your sneaker picture

893
00:44:34.780 --> 00:44:36.820
can actually have the Nike name on it,

894
00:44:36.820 --> 00:44:39.420
or it could be the package with Nike on it,

895
00:44:39.420 --> 00:44:40.900
and then a place to purchase it.

896
00:44:40.900 --> 00:44:44.180
That's the way that you come up with a good example

897
00:44:44.180 --> 00:44:47.540
of use of your trademark, okay?

898
00:44:47.540 --> 00:44:48.380
One more thing,

899
00:44:48.380 --> 00:44:50.620
and then I'm gonna do the trademark searching,

900
00:44:50.620 --> 00:44:53.260
is your trademarks cannot be descriptive.

901
00:44:54.260 --> 00:44:57.060
They cannot be descriptive.

902
00:44:57.060 --> 00:44:58.780
This is vital to understand.

903
00:45:00.000 --> 00:45:04.680
If you have a florist, you can't get a trademark

904
00:45:04.680 --> 00:45:06.980
on like the red rose.

905
00:45:08.080 --> 00:45:11.640
Like, so every time somebody tries to describe

906
00:45:11.640 --> 00:45:15.280
what they purchased, they commit trademark infringement.

907
00:45:15.280 --> 00:45:18.840
But you cannot own what describes,

908
00:45:18.840 --> 00:45:20.900
what's actually used to describe your services

909
00:45:20.900 --> 00:45:21.740
or your goods.

910
00:45:23.080 --> 00:45:25.320
Okay, so if you have a,

911
00:45:25.320 --> 00:45:30.320
let's see, an ice cream shop, right?

912
00:45:33.280 --> 00:45:34.120
What's the name?

913
00:45:34.120 --> 00:45:34.940
Cold Stone.

914
00:45:34.940 --> 00:45:37.480
Cold Stone is actually an actual place

915
00:45:37.480 --> 00:45:38.960
that sells ice cream, right?

916
00:45:38.960 --> 00:45:41.840
They squish it on that frozen counter,

917
00:45:41.840 --> 00:45:44.120
they scrape it all up and they give it to you, right?

918
00:45:44.120 --> 00:45:46.660
So they can do that because Cold Stone

919
00:45:46.660 --> 00:45:49.040
is not describing the ice cream.

920
00:45:49.040 --> 00:45:51.680
It's something that they use

921
00:45:51.680 --> 00:45:53.600
in the selling of their ice cream

922
00:45:53.600 --> 00:45:57.120
that's used in the making of the product to give to you,

923
00:45:57.120 --> 00:46:01.120
but it doesn't describe their service.

924
00:46:01.120 --> 00:46:04.440
Like it's not, they're not a Cold Stone place.

925
00:46:04.440 --> 00:46:06.000
Like they don't sell Cold Stones.

926
00:46:06.000 --> 00:46:07.800
It's something that's used in the process

927
00:46:07.800 --> 00:46:09.980
of making the ice cream, okay?

928
00:46:09.980 --> 00:46:11.880
If you're a carpenter,

929
00:46:11.880 --> 00:46:14.160
you can't get a trademark for red door

930
00:46:14.160 --> 00:46:15.700
if you sell red doors.

931
00:46:16.760 --> 00:46:19.340
But if you're a perfume maker,

932
00:46:19.340 --> 00:46:22.020
you can get a trademark for red door.

933
00:46:22.940 --> 00:46:23.820
Does that make sense?

934
00:46:23.820 --> 00:46:27.180
Because red door doesn't describe your perfume,

935
00:46:27.180 --> 00:46:30.740
otherwise you probably wouldn't sell it really well.

936
00:46:30.740 --> 00:46:32.740
If your perfume smells like a red door,

937
00:46:32.740 --> 00:46:33.560
I don't think, yeah,

938
00:46:33.560 --> 00:46:35.420
I don't think you're gonna need that trademark very long

939
00:46:35.420 --> 00:46:36.340
because you'll be out of business.

940
00:46:36.340 --> 00:46:38.360
So, all right, with that,

941
00:46:38.360 --> 00:46:41.260
let me actually walk you guys through a trademark search.

942
00:46:41.260 --> 00:46:42.100
Okay?

943
00:46:42.100 --> 00:46:44.500
Guys, if you have like very direct questions,

944
00:46:44.500 --> 00:46:46.380
again, check out VIP.

945
00:46:46.380 --> 00:46:48.940
And VIP, again, we're gonna interact,

946
00:46:48.940 --> 00:46:51.500
have a lot of going back and forth on the questions.

947
00:46:52.500 --> 00:46:54.660
Ah, do, do, do, do, do, do.

948
00:46:54.660 --> 00:46:56.040
Let's see.

949
00:46:56.040 --> 00:46:59.080
Let me share the USPTO website.

950
00:47:00.180 --> 00:47:01.860
I'm doing this earlier this time

951
00:47:01.860 --> 00:47:06.140
because I wanna make sure all of you have a chance

952
00:47:06.140 --> 00:47:09.760
to use this site and ask questions.

953
00:47:10.720 --> 00:47:15.720
Otherwise, this training goes very fast, five days.

954
00:47:16.780 --> 00:47:17.980
It sounds like a lot of time,

955
00:47:17.980 --> 00:47:21.420
but it's one hour a day and it goes very fast.

956
00:47:21.420 --> 00:47:22.940
And most people are like,

957
00:47:22.940 --> 00:47:25.220
after we're done asking how they can get

958
00:47:25.220 --> 00:47:26.580
the replays even longer.

959
00:47:26.580 --> 00:47:29.320
Oh, so for those of you that don't know this,

960
00:47:30.300 --> 00:47:31.200
since you're in the challenge,

961
00:47:31.200 --> 00:47:33.040
you get the replays for 30 days.

962
00:47:33.040 --> 00:47:35.340
In VIP, you get them for 90 days.

963
00:47:35.340 --> 00:47:37.620
And we'll show you other ways to get things later,

964
00:47:37.620 --> 00:47:39.660
but I'm not gonna go in that right now.

965
00:47:39.660 --> 00:47:41.580
All right, this is a USPTO website.

966
00:47:44.300 --> 00:47:46.180
If you just go over to trademarks here

967
00:47:47.660 --> 00:47:50.500
and you go down to search and you click searching

968
00:47:50.500 --> 00:47:54.420
and just scroll down, you'll see right here a box

969
00:47:54.420 --> 00:47:57.140
that says search our trademark database,

970
00:47:57.140 --> 00:47:58.540
or you can click over here.

971
00:47:58.540 --> 00:48:00.860
Either one, they go to the same place.

972
00:48:00.860 --> 00:48:02.700
When you click on this,

973
00:48:02.700 --> 00:48:06.300
you are now in the trademark searching engine

974
00:48:06.300 --> 00:48:09.340
for the United States Patent and Trademark Office, okay?

975
00:48:10.660 --> 00:48:12.380
Now, again, as homework,

976
00:48:12.380 --> 00:48:16.980
I want everybody to do a search for your business name,

977
00:48:16.980 --> 00:48:18.460
your products, your services.

978
00:48:18.580 --> 00:48:21.700
Use this, this is free, all right?

979
00:48:23.340 --> 00:48:28.220
So I personally do not like this basic wordmark thing.

980
00:48:28.220 --> 00:48:30.660
I think you get way more results than you really need.

981
00:48:30.660 --> 00:48:31.780
So I'm gonna teach you guys,

982
00:48:31.780 --> 00:48:34.140
I'm gonna train you guys on using this here,

983
00:48:34.140 --> 00:48:36.500
the second searching option.

984
00:48:36.500 --> 00:48:40.620
It says word and design mark search structured.

985
00:48:40.620 --> 00:48:42.340
You click on that.

986
00:48:42.340 --> 00:48:45.060
Now you get these two fields, all right?

987
00:48:45.100 --> 00:48:48.740
Or these two areas you can add information in.

988
00:48:48.740 --> 00:48:50.460
And then underneath,

989
00:48:50.460 --> 00:48:52.260
there's a bunch of fields that you can use.

990
00:48:52.260 --> 00:48:54.340
I'm gonna show you today something really basic

991
00:48:54.340 --> 00:48:57.740
so you can get, you can kind of try things out, right?

992
00:48:57.740 --> 00:48:59.300
We're gonna go slow.

993
00:48:59.300 --> 00:49:00.660
So you're gonna, you can try it out.

994
00:49:00.660 --> 00:49:03.420
And then tomorrow I'll do something way more complex.

995
00:49:03.420 --> 00:49:05.820
We're gonna start out with something very basic.

996
00:49:06.860 --> 00:49:09.940
So if you come in here and you have a new trademark,

997
00:49:09.940 --> 00:49:12.340
potential trademark, let's say,

998
00:49:16.020 --> 00:49:18.500
Yousef, right?

999
00:49:18.500 --> 00:49:20.740
And so I just made that up.

1000
00:49:20.740 --> 00:49:22.500
There's no meaning whatsoever.

1001
00:49:22.500 --> 00:49:25.460
So now the field that I tend to use

1002
00:49:25.460 --> 00:49:27.460
is non-punctuated wordmark.

1003
00:49:27.460 --> 00:49:29.140
That's what I use.

1004
00:49:29.140 --> 00:49:31.020
You click on non-punctuated wordmark.

1005
00:49:32.500 --> 00:49:33.700
Now you come over here

1006
00:49:33.700 --> 00:49:36.740
and you can actually put an international class or not.

1007
00:49:36.740 --> 00:49:38.180
I'm not gonna have you guys do that yet

1008
00:49:38.180 --> 00:49:40.940
because you guys don't understand what that means yet.

1009
00:49:40.940 --> 00:49:44.420
So if I just did that, nothing else.

1010
00:49:44.460 --> 00:49:47.060
Actually, let me show you something first before I do that.

1011
00:49:47.060 --> 00:49:49.260
I'm gonna leave it at all and do a search.

1012
00:49:50.300 --> 00:49:51.540
Nothing comes up, see?

1013
00:49:51.540 --> 00:49:53.100
Cause there's nothing like it.

1014
00:49:53.100 --> 00:49:55.780
It doesn't, it was just a word I came up with.

1015
00:49:55.780 --> 00:49:59.260
Now, if instead I did like Nike and did a search,

1016
00:49:59.260 --> 00:50:00.100
look at that.

1017
00:50:00.000 --> 00:50:04.680
1,044 records, see that?

1018
00:50:04.680 --> 00:50:08.660
So now what I wanna do is I change this down to a,

1019
00:50:09.980 --> 00:50:12.160
let's go over to non-punctuated wordmark.

1020
00:50:12.160 --> 00:50:14.260
Again, that's what I want you guys to use.

1021
00:50:14.260 --> 00:50:17.960
It's very simple to use, non-punctuated wordmark.

1022
00:50:19.020 --> 00:50:21.080
All right, now you do a search.

1023
00:50:22.000 --> 00:50:24.480
You see how there's less records?

1024
00:50:24.480 --> 00:50:27.060
Let me explain to you why, just for a second.

1025
00:50:28.060 --> 00:50:31.380
Okay, I wanna explain to you what just happened.

1026
00:50:31.380 --> 00:50:34.260
When I searched just for the name Nike

1027
00:50:34.260 --> 00:50:35.780
for all of the United States Patent

1028
00:50:35.780 --> 00:50:37.600
and Trademark Office website,

1029
00:50:37.600 --> 00:50:39.980
it looked for Nike in anything.

1030
00:50:39.980 --> 00:50:43.780
The name of the product or service,

1031
00:50:43.780 --> 00:50:48.020
the name of a company, the owner of it,

1032
00:50:48.020 --> 00:50:50.780
if it's in the description of goods or services,

1033
00:50:50.780 --> 00:50:53.940
like everything, okay?

1034
00:50:54.020 --> 00:50:58.020
That's why you had so many results, 1,044 results.

1035
00:50:58.020 --> 00:51:00.540
But once we said specifically,

1036
00:51:00.540 --> 00:51:03.240
I only want you to give me trademarks

1037
00:51:03.240 --> 00:51:05.300
that have the name Nike in it,

1038
00:51:05.300 --> 00:51:09.180
then all of a sudden there was 158 results.

1039
00:51:09.180 --> 00:51:11.100
You see the difference?

1040
00:51:11.100 --> 00:51:12.940
What I've seen many times is people go home

1041
00:51:12.940 --> 00:51:13.780
and they do these searches

1042
00:51:13.780 --> 00:51:15.740
and the next day they come in panicking.

1043
00:51:15.740 --> 00:51:20.260
They say, there were 1,400 different trademarks

1044
00:51:20.260 --> 00:51:21.300
that used my name.

1045
00:51:21.300 --> 00:51:25.300
And it's because they did one of two things wrong.

1046
00:51:25.300 --> 00:51:27.100
And I'll show you what the two things are

1047
00:51:27.100 --> 00:51:28.480
that they typically do wrong.

1048
00:51:28.480 --> 00:51:32.620
Number one is that they just do a search

1049
00:51:32.620 --> 00:51:34.700
for the name alone

1050
00:51:35.700 --> 00:51:38.720
without selecting non-punctuated word mark.

1051
00:51:40.760 --> 00:51:43.260
So they'll go over here and they'll just use all,

1052
00:51:43.260 --> 00:51:47.300
no search, like that.

1053
00:51:47.300 --> 00:51:49.920
And that's why they get 1,044 results.

1054
00:51:52.020 --> 00:51:55.340
Or they'll do this.

1055
00:51:55.340 --> 00:51:57.100
They'll put in the word footwear.

1056
00:51:59.380 --> 00:52:03.300
But is it E-A-R?

1057
00:52:03.300 --> 00:52:04.660
It's E-A-R, right?

1058
00:52:04.660 --> 00:52:06.260
Yep, okay, footwear.

1059
00:52:06.260 --> 00:52:07.820
All right, they'll do that.

1060
00:52:07.820 --> 00:52:10.560
And then they'll do a search and watch what happens.

1061
00:52:11.420 --> 00:52:14.840
322,449 records.

1062
00:52:14.840 --> 00:52:17.180
How many people realize you're gonna be reviewing

1063
00:52:17.180 --> 00:52:20.780
your results for a very long time if you do that?

1064
00:52:21.620 --> 00:52:23.580
And here's the reason why.

1065
00:52:23.580 --> 00:52:25.580
If you do a search like this,

1066
00:52:25.580 --> 00:52:29.860
it look for anything, any trademark that has Nike

1067
00:52:29.860 --> 00:52:33.340
or footwear anywhere in the trademark,

1068
00:52:33.340 --> 00:52:36.380
either in the trademark itself or in the goods or services.

1069
00:52:36.380 --> 00:52:39.060
So that means every shoe brand that used the word footwear

1070
00:52:39.060 --> 00:52:43.660
to describe the goods popped up, every single one of them.

1071
00:52:43.660 --> 00:52:46.420
So what do you do to actually make this work

1072
00:52:46.420 --> 00:52:47.260
to your benefit?

1073
00:52:47.260 --> 00:52:50.100
What you do is you change this operator to and.

1074
00:52:51.020 --> 00:52:52.380
Now it's gonna be less.

1075
00:52:52.380 --> 00:52:54.540
And then I'm gonna show you how to make it even less.

1076
00:52:54.540 --> 00:52:56.500
So now it's Nike and footwear,

1077
00:52:56.500 --> 00:52:58.700
but it's anywhere in the application.

1078
00:52:58.700 --> 00:53:02.160
See, now we're down to 466 records,

1079
00:53:02.160 --> 00:53:04.980
which is better than 1,044.

1080
00:53:04.980 --> 00:53:07.940
But let's say we wanna really make sure

1081
00:53:07.940 --> 00:53:12.220
that we're getting the word mark, only the word mark.

1082
00:53:12.220 --> 00:53:14.060
Then what you do is you do what I showed you

1083
00:53:14.060 --> 00:53:19.060
is choose non-punctuated word mark and do a search there.

1084
00:53:19.260 --> 00:53:21.500
Now we're down to 55 records.

1085
00:53:21.500 --> 00:53:23.300
You see that?

1086
00:53:23.300 --> 00:53:25.100
Is this helpful?

1087
00:53:25.100 --> 00:53:30.100
Yeah, this is how you decrease the number of results

1088
00:53:30.120 --> 00:53:32.440
in your trademark searching, okay?

1089
00:53:32.440 --> 00:53:34.700
Now, if I wanna streamline it even more,

1090
00:53:34.700 --> 00:53:36.340
I can streamline it even more.

1091
00:53:36.340 --> 00:53:38.940
But now I've got something that's more manageable.

1092
00:53:38.940 --> 00:53:40.940
So now I'm gonna teach you a little trick

1093
00:53:40.940 --> 00:53:43.620
before we close for day one.

1094
00:53:43.620 --> 00:53:45.260
Here's a little trick.

1095
00:53:45.260 --> 00:53:47.260
All of these results here are word mark.

1096
00:53:47.260 --> 00:53:48.940
You see a lot of word marks,

1097
00:53:48.940 --> 00:53:52.220
but then you see like word mark, word mark, word mark.

1098
00:53:52.220 --> 00:53:55.220
These are all word marks all the way down here.

1099
00:53:55.220 --> 00:53:57.220
It says Nike there, right?

1100
00:53:57.220 --> 00:54:00.340
But how do you know if the word mark includes

1101
00:54:00.340 --> 00:54:02.020
is part of a logo?

1102
00:54:02.020 --> 00:54:03.700
How do you know or not?

1103
00:54:03.700 --> 00:54:05.260
Check this out.

1104
00:54:05.260 --> 00:54:08.220
Right up here, you see a button says image list.

1105
00:54:08.220 --> 00:54:09.100
Click on that.

1106
00:54:10.660 --> 00:54:15.660
Now you get the actual images of the trademarks.

1107
00:54:16.140 --> 00:54:18.540
So now you realize that Nike actually

1108
00:54:18.540 --> 00:54:20.420
has a color mark over here.

1109
00:54:20.420 --> 00:54:23.220
There's the Nike swoosh right there

1110
00:54:23.220 --> 00:54:26.340
in the trademark itself, right?

1111
00:54:26.340 --> 00:54:29.260
Now you're getting the actual logos.

1112
00:54:29.260 --> 00:54:32.060
Here's another one that Nike had, their training club.

1113
00:54:37.300 --> 00:54:38.900
Here we go, let me stop that for a second.

1114
00:54:38.900 --> 00:54:40.020
Is that helpful?

1115
00:54:40.980 --> 00:54:43.100
Yeah, that's how you actually make

1116
00:54:43.140 --> 00:54:46.500
your trademark searches way better, okay?

1117
00:54:46.500 --> 00:54:48.620
This is how you're gonna make your trademark searches

1118
00:54:48.620 --> 00:54:50.580
way more effective,

1119
00:54:50.580 --> 00:54:53.540
is that you need to use these different criteria.

1120
00:54:53.540 --> 00:54:56.580
So just one more time, I'll walk you through this.

1121
00:55:00.000 --> 00:55:03.800
And is it up?

1122
00:55:03.800 --> 00:55:04.640
Yep, there it is.

1123
00:55:04.640 --> 00:55:07.760
Okay, so again, the main factors you want

1124
00:55:07.760 --> 00:55:10.480
when you do a trademark search is number one,

1125
00:55:10.480 --> 00:55:12.960
choose the non-punctuated word mark.

1126
00:55:12.960 --> 00:55:14.480
Don't choose full mark,

1127
00:55:14.480 --> 00:55:15.640
because if you choose full mark,

1128
00:55:15.640 --> 00:55:18.720
then it's only gonna give you the results

1129
00:55:18.720 --> 00:55:22.680
where the entire word is what the mark is.

1130
00:55:22.680 --> 00:55:24.880
So it has to be exactly the same.

1131
00:55:24.880 --> 00:55:27.000
So let's say there's Microsoft Excel,

1132
00:55:27.000 --> 00:55:29.480
Microsoft Word, Microsoft Office,

1133
00:55:29.480 --> 00:55:33.600
and you did a full mark search for Microsoft,

1134
00:55:33.600 --> 00:55:35.480
none of those will come out,

1135
00:55:35.480 --> 00:55:37.200
because that's not the full mark.

1136
00:55:37.200 --> 00:55:38.400
Microsoft is part of it.

1137
00:55:38.400 --> 00:55:42.240
You wanna find any results that have your word

1138
00:55:42.240 --> 00:55:45.400
at least being a part of the trademark.

1139
00:55:45.400 --> 00:55:47.640
So that's part one is non-punctuated word mark.

1140
00:55:47.640 --> 00:55:50.800
Number two is choose the operator.

1141
00:55:50.800 --> 00:55:53.160
And then number three is list

1142
00:55:53.160 --> 00:55:55.200
like what the goods and services are.

1143
00:55:55.200 --> 00:55:57.560
Like I just chose footwear over here.

1144
00:55:57.560 --> 00:55:59.160
But let's say I was going for software,

1145
00:55:59.840 --> 00:56:03.320
then I could type in software and see if anything comes up.

1146
00:56:03.320 --> 00:56:06.360
When I do software, there's eight records, right?

1147
00:56:06.360 --> 00:56:08.880
And so now I click on the record

1148
00:56:08.880 --> 00:56:11.520
and tomorrow we'll go into this in more detail,

1149
00:56:11.520 --> 00:56:16.520
but who actually knew that Nike owns the name Nike

1150
00:56:17.480 --> 00:56:21.200
for cell phone cases, accessories for cell phones

1151
00:56:21.200 --> 00:56:23.040
and all these other things.

1152
00:56:23.040 --> 00:56:23.880
See that?

1153
00:56:25.000 --> 00:56:27.840
So Nike owns their name for electronics as well.

1154
00:56:28.840 --> 00:56:29.680
Okay.

1155
00:56:30.720 --> 00:56:32.160
I took that really slow.

1156
00:56:32.160 --> 00:56:35.560
Was that really complicated or was that easy to follow?

1157
00:56:35.560 --> 00:56:36.400
Is it easy to follow?

1158
00:56:36.400 --> 00:56:37.240
Okay, good.

1159
00:56:37.240 --> 00:56:40.160
So everybody here tonight should be able to

1160
00:56:40.160 --> 00:56:43.440
or tomorrow during the day, look up your company name,

1161
00:56:43.440 --> 00:56:46.440
look up your product name, look up your service name

1162
00:56:46.440 --> 00:56:50.000
and see what I find out inevitably every single time

1163
00:56:50.000 --> 00:56:53.320
when we run a challenge is that people realize

1164
00:56:53.320 --> 00:56:55.640
that the name that they've been using

1165
00:56:55.760 --> 00:56:59.560
actually potentially infringes somebody else's trademark.

1166
00:56:59.560 --> 00:57:02.440
And don't come out here and say,

1167
00:57:02.440 --> 00:57:04.280
oh my gosh, I'm gonna be sued.

1168
00:57:04.280 --> 00:57:05.160
Like, don't do that.

1169
00:57:05.160 --> 00:57:06.560
I don't want a paper trail.

1170
00:57:06.560 --> 00:57:08.440
Like don't create a paper trail

1171
00:57:08.440 --> 00:57:10.240
proving that you commit trademark infringement.

1172
00:57:10.240 --> 00:57:11.400
We don't want that.

1173
00:57:11.400 --> 00:57:13.360
What we're doing is we're exposing things

1174
00:57:13.360 --> 00:57:14.880
so you can fix them.

1175
00:57:14.880 --> 00:57:15.880
That's what we're doing.

1176
00:57:15.880 --> 00:57:18.280
What we're doing is we're building a powerful company

1177
00:57:18.280 --> 00:57:19.720
that's gonna be unstoppable

1178
00:57:19.720 --> 00:57:22.760
because nobody's gonna be able to come in two, three years,

1179
00:57:22.760 --> 00:57:24.480
four years, five years down the road

1180
00:57:24.480 --> 00:57:28.400
of your working and building this empire.

1181
00:57:28.400 --> 00:57:29.640
And all of a sudden somebody says,

1182
00:57:29.640 --> 00:57:31.360
hey, your name belongs to me.

1183
00:57:31.360 --> 00:57:33.160
Hey, your product belongs to me.

1184
00:57:33.160 --> 00:57:34.160
Hey, cut it out.

1185
00:57:34.160 --> 00:57:35.160
Cut me a check.

1186
00:57:36.360 --> 00:57:37.440
We don't need that.

1187
00:57:38.280 --> 00:57:40.960
So step one is just do a trademark search.

1188
00:57:40.960 --> 00:57:42.000
Ray, yeah, go ahead.

1189
00:57:43.640 --> 00:57:44.680
You had your hand up.

1190
00:57:45.720 --> 00:57:47.880
Yeah, there's, just so you guys do know,

1191
00:57:47.880 --> 00:57:51.920
typically our replays come out the next morning.

1192
00:57:51.920 --> 00:57:52.960
They get emailed out to you

1193
00:57:52.960 --> 00:57:55.440
because I have to process the downloads

1194
00:57:55.440 --> 00:57:57.560
and edit them and get them out to you.

1195
00:57:58.440 --> 00:58:00.920
But for tonight, because you have this homework,

1196
00:58:00.920 --> 00:58:02.760
I'm gonna do my best to try to get that out to you

1197
00:58:02.760 --> 00:58:03.840
as soon as possible

1198
00:58:03.840 --> 00:58:06.120
so that you can follow along with the replay.

1199
00:58:08.480 --> 00:58:09.320
Thanks, Ray.

1200
00:58:09.320 --> 00:58:10.560
I appreciate that.

1201
00:58:10.560 --> 00:58:11.600
Yeah.

1202
00:58:11.600 --> 00:58:12.440
All right.

1203
00:58:12.440 --> 00:58:16.120
So, so far what we've covered is what is the trademark

1204
00:58:16.120 --> 00:58:19.440
and identification of a source of goods or services?

1205
00:58:19.440 --> 00:58:21.280
Really straightforward, right?

1206
00:58:21.280 --> 00:58:22.760
We know you can go with logos.

1207
00:58:23.560 --> 00:58:25.600
Wordmarks, you can go with slogans.

1208
00:58:25.600 --> 00:58:27.680
We know that you have certain legal rights.

1209
00:58:27.680 --> 00:58:31.400
Even if you don't file for a federal trademark application,

1210
00:58:31.400 --> 00:58:34.280
you have certain rights under what's called what?

1211
00:58:34.280 --> 00:58:35.200
Common law?

1212
00:58:35.200 --> 00:58:36.240
Right, exactly.

1213
00:58:36.240 --> 00:58:38.400
So you have certain legal rights under common law.

1214
00:58:38.400 --> 00:58:39.840
We know that the trademark office

1215
00:58:39.840 --> 00:58:41.640
is a first to file system.

1216
00:58:42.760 --> 00:58:43.600
All right.

1217
00:58:43.600 --> 00:58:44.440
Separate from that,

1218
00:58:44.440 --> 00:58:46.600
you know how to do a basic trademark search at a top level.

1219
00:58:46.600 --> 00:58:48.800
Tomorrow, we'll go into more detail on that.

1220
00:58:48.800 --> 00:58:51.440
We're also gonna talk a little bit about AI.

1221
00:58:51.440 --> 00:58:53.000
We're gonna go into domain names.

1222
00:58:53.000 --> 00:58:55.680
How do you actually select your trademark itself?

1223
00:58:56.600 --> 00:58:58.800
The other thing that we went through today

1224
00:58:58.800 --> 00:59:03.280
was don't choose a descriptive trademark, okay?

1225
00:59:03.280 --> 00:59:06.160
I'm gonna take one more minute to talk about this

1226
00:59:06.160 --> 00:59:07.880
before we close for day one.

1227
00:59:07.880 --> 00:59:09.600
This goes so fast.

1228
00:59:09.600 --> 00:59:13.560
Like these days go really, really fast, okay?

1229
00:59:13.560 --> 00:59:18.560
Again, if the term or the words that you're using

1230
00:59:18.880 --> 00:59:22.200
are needed to describe your services or your goods,

1231
00:59:23.440 --> 00:59:25.840
like they describe your goods or your services,

1232
00:59:25.840 --> 00:59:28.400
you cannot get a federal registration for it.

1233
00:59:30.400 --> 00:59:33.360
So why would you spend a lot of time and money

1234
00:59:33.360 --> 00:59:37.160
building up a brand around a name that's descriptive

1235
00:59:37.160 --> 00:59:40.000
when your next door neighbor could use the same name

1236
00:59:40.000 --> 00:59:43.240
and you can't stop them because it's descriptive?

1237
00:59:43.240 --> 00:59:45.000
You cannot own the trademark

1238
00:59:45.960 --> 00:59:48.240
for something that's descriptive, okay?

1239
00:59:48.920 --> 00:59:51.480
Now, there's a loophole in the system.

1240
00:59:53.000 --> 00:59:55.600
It's a loophole that not many people fit in.

1241
00:59:55.600 --> 00:59:57.720
It's something I've used in litigation,

1242
00:59:57.720 --> 01:00:00.520
something that's kind of why I get paid the most.

1243
01:00:00.000 --> 01:00:02.760
big bucks is that I know all the loopholes.

1244
01:00:02.760 --> 01:00:05.040
Don't try to fall into a loophole

1245
01:00:05.040 --> 01:00:07.200
to build a business, right?

1246
01:00:07.200 --> 01:00:10.240
This is a bad idea, okay?

1247
01:00:10.240 --> 01:00:12.720
The way the loophole works is if you've been using

1248
01:00:12.720 --> 01:00:15.780
that descriptive term for an elongated period of time

1249
01:00:15.780 --> 01:00:18.560
and it starts to become famous or well-known

1250
01:00:18.560 --> 01:00:20.560
that it's associated with you

1251
01:00:20.560 --> 01:00:24.200
so that you essentially become the entity

1252
01:00:24.200 --> 01:00:26.520
that's known for that term,

1253
01:00:26.520 --> 01:00:29.800
then a descriptive term could end up obtaining

1254
01:00:29.880 --> 01:00:32.960
a level of recognition to turn into a trademark.

1255
01:00:32.960 --> 01:00:34.920
Don't rely on that.

1256
01:00:34.920 --> 01:00:36.840
That's hard to win.

1257
01:00:36.840 --> 01:00:38.500
So don't try that.

1258
01:00:38.500 --> 01:00:41.300
That's a last resort, okay?

1259
01:00:41.300 --> 01:00:42.140
All right.

1260
01:00:43.720 --> 01:00:45.800
I think what I wanna do is

1261
01:00:47.920 --> 01:00:49.880
I'm gonna cover one more thing and then we'll close.

1262
01:00:49.880 --> 01:00:51.160
There'll be three more minutes, all right?

1263
01:00:51.160 --> 01:00:52.160
Yeah, Rae, go ahead.

1264
01:00:53.440 --> 01:00:55.320
Just really quickly,

1265
01:00:55.320 --> 01:00:56.960
when Peter's teaching all these things,

1266
01:00:56.960 --> 01:00:59.160
just so you guys know, when we run these challenges,

1267
01:00:59.480 --> 01:01:01.520
everyone comes in and they're very quiet

1268
01:01:01.520 --> 01:01:04.000
in the first day or two

1269
01:01:04.000 --> 01:01:05.920
and they're downloading all the information,

1270
01:01:05.920 --> 01:01:07.400
they're absorbing, they're hearing everything

1271
01:01:07.400 --> 01:01:11.800
and they're like, oh crap, there's a lot I don't know.

1272
01:01:11.800 --> 01:01:15.680
And it sounds like a lot of information to take in

1273
01:01:15.680 --> 01:01:17.520
but it does start to settle in.

1274
01:01:17.520 --> 01:01:20.320
So just be easy on yourself with the learning curve.

1275
01:01:20.320 --> 01:01:22.720
I promise our members end up walking through

1276
01:01:22.720 --> 01:01:24.800
and they become very good at this.

1277
01:01:24.800 --> 01:01:27.440
So give yourself the time and the grace to do that

1278
01:01:27.440 --> 01:01:29.680
and it will turn into a process

1279
01:01:29.680 --> 01:01:32.320
where you're gonna hit about day two to maybe three

1280
01:01:32.320 --> 01:01:34.560
where you're gonna start flooding yourself with,

1281
01:01:34.560 --> 01:01:38.840
or us with questions about how it applies

1282
01:01:38.840 --> 01:01:40.680
to everything that you're building.

1283
01:01:40.680 --> 01:01:44.040
So again, just so you guys are clear,

1284
01:01:44.040 --> 01:01:47.080
this part of the challenge is for more of the presentation

1285
01:01:47.080 --> 01:01:47.920
and the training.

1286
01:01:47.920 --> 01:01:49.600
And then if you have direct questions

1287
01:01:49.600 --> 01:01:52.000
you'd like to go over in general with Peter,

1288
01:01:52.000 --> 01:01:54.240
that's gonna be taken care of over in VIP.

1289
01:01:54.240 --> 01:01:56.240
But I promise the questions will come

1290
01:01:56.240 --> 01:02:00.080
but just give yourself time to absorb all the information

1291
01:02:00.080 --> 01:02:01.080
and you'll do great.

1292
01:02:01.080 --> 01:02:03.080
Don't worry about that.

1293
01:02:03.080 --> 01:02:06.520
Yeah, just, we had an individual,

1294
01:02:06.520 --> 01:02:08.840
I remember like it was yesterday,

1295
01:02:08.840 --> 01:02:10.240
we did day one training.

1296
01:02:10.240 --> 01:02:13.080
She came back the second day panicked,

1297
01:02:13.080 --> 01:02:15.760
like, cause she runs like three different companies.

1298
01:02:15.760 --> 01:02:17.600
She came back completely panicked.

1299
01:02:17.600 --> 01:02:20.640
She says, we have, was it seven or eight?

1300
01:02:20.640 --> 01:02:21.800
I think she said seven.

1301
01:02:21.800 --> 01:02:23.280
We have seven different trademarks.

1302
01:02:23.280 --> 01:02:26.560
Every single one of them commits trademark infringement.

1303
01:02:26.560 --> 01:02:28.360
I, now this is what I said to her.

1304
01:02:28.360 --> 01:02:29.280
I said to her,

1305
01:02:31.280 --> 01:02:36.280
the chances of that are very slim.

1306
01:02:36.320 --> 01:02:39.600
So I have a feeling that the way you did your analysis

1307
01:02:39.600 --> 01:02:41.280
is probably improper.

1308
01:02:41.280 --> 01:02:43.040
Let's walk through it together.

1309
01:02:43.040 --> 01:02:45.320
And in fact, five of them were committing

1310
01:02:45.320 --> 01:02:47.240
trademark infringement.

1311
01:02:47.240 --> 01:02:48.560
Two of them were safe.

1312
01:02:48.560 --> 01:02:51.480
And so we walked her through how to come up with new names.

1313
01:02:51.480 --> 01:02:54.720
But the point being that when you,

1314
01:02:54.720 --> 01:02:56.760
you're gonna obtain certain information here

1315
01:02:56.760 --> 01:02:58.560
that is gonna be striking,

1316
01:02:59.760 --> 01:03:02.320
but the intent of it is just to make sure

1317
01:03:02.320 --> 01:03:03.760
you do it the right way.

1318
01:03:04.640 --> 01:03:06.960
Imagine if you find out the wrong way,

1319
01:03:06.960 --> 01:03:10.800
which is a cease and desist letter or a lawsuit, okay?

1320
01:03:10.800 --> 01:03:12.320
And for those who kind of believe,

1321
01:03:12.320 --> 01:03:14.280
oh, that'll never happen to me.

1322
01:03:14.280 --> 01:03:17.640
That's what keeps me busy all the time, right?

1323
01:03:17.640 --> 01:03:20.120
That's why I'm doing this at this kind of rate

1324
01:03:20.120 --> 01:03:21.520
is because I don't want people to get

1325
01:03:21.520 --> 01:03:22.960
into this kind of trouble.

1326
01:03:22.960 --> 01:03:25.920
So just one other thing now,

1327
01:03:27.520 --> 01:03:28.840
we kind of touched base on this.

1328
01:03:28.840 --> 01:03:31.000
If there's a trademark,

1329
01:03:31.000 --> 01:03:34.240
if you're doing a search and there's a,

1330
01:03:35.120 --> 01:03:37.720
you're finding that, let's say you have three words.

1331
01:03:38.760 --> 01:03:40.120
When you do a search,

1332
01:03:40.120 --> 01:03:45.120
I would search each term individually, okay?

1333
01:03:45.320 --> 01:03:48.120
Don't just search the three words and say,

1334
01:03:48.120 --> 01:03:49.720
oh, nobody owns the three words.

1335
01:03:50.320 --> 01:03:51.360
I can use it.

1336
01:03:51.360 --> 01:03:55.200
Because you can search Microsoft fast software

1337
01:03:55.200 --> 01:03:56.240
and it's clear.

1338
01:03:57.480 --> 01:03:58.640
And the second you use it,

1339
01:03:58.640 --> 01:04:01.920
you're gonna get sued by Microsoft, right?

1340
01:04:01.920 --> 01:04:02.800
We don't want that.

1341
01:04:02.800 --> 01:04:05.200
So search each of the words individually.

1342
01:04:05.200 --> 01:04:08.840
Now, some of the words may just be basic words

1343
01:04:08.840 --> 01:04:12.840
that everybody uses, like the word best or great

1344
01:04:12.840 --> 01:04:16.040
or like company or productions.

1345
01:04:16.040 --> 01:04:17.360
Everybody uses those words.

1346
01:04:17.360 --> 01:04:19.440
So I wouldn't even bother searching those words

1347
01:04:20.160 --> 01:04:22.600
because you're gonna get a million results anyway.

1348
01:04:22.600 --> 01:04:23.840
It's not gonna be any helpful.

1349
01:04:23.840 --> 01:04:25.920
It's not gonna be helpful for you at all.

1350
01:04:25.920 --> 01:04:28.920
But if you have certain words that are unique,

1351
01:04:31.680 --> 01:04:35.560
I would search each of those words individually, okay?

1352
01:04:35.560 --> 01:04:37.400
That's really important

1353
01:04:37.400 --> 01:04:39.680
because what sometimes people do is they search all three

1354
01:04:39.680 --> 01:04:41.080
and they're like, I'm safe.

1355
01:04:41.080 --> 01:04:43.600
They start using it and then they get the cease and desist

1356
01:04:43.600 --> 01:04:45.600
and we don't want that kind of situation.

1357
01:04:45.640 --> 01:04:49.680
Now, how do you choose a name that is good?

1358
01:04:50.880 --> 01:04:53.520
What you wanna use is a name that's suggestive,

1359
01:04:53.520 --> 01:04:55.080
that leaves an impression,

1360
01:04:55.080 --> 01:04:57.320
that makes people want that thing.

1361
01:04:59.040 --> 01:04:59.880
Okay?

1362
01:05:00.000 --> 01:05:05.440
you want to think of when you're coming up with a unique trademark is something that leads people

1363
01:05:05.440 --> 01:05:13.200
into, as an example, I have the name Protection Portal. Okay, you guys will learn about that.

1364
01:05:13.200 --> 01:05:17.920
Actually, I'll probably talk about this tomorrow. So yeah, just queue it up for tomorrow, right?

1365
01:05:17.920 --> 01:05:22.240
Just so you know, okay, I'll probably do it tomorrow. But the general idea is that I have

1366
01:05:22.240 --> 01:05:28.560
a private network, where it is my obligation, my goal, and my commitment to make sure that

1367
01:05:28.560 --> 01:05:33.840
every single person there does extremely well by understanding what they're doing in their

1368
01:05:33.840 --> 01:05:38.240
companies, what kind of things they can do, can't do, what kind of agreements they need,

1369
01:05:38.240 --> 01:05:43.040
walk them through all sorts of stuff so that they're highly successful. Like that's my focus

1370
01:05:43.040 --> 01:05:50.880
in the Protection Portal. Do you see how the name Protection Portal makes you think, oh,

1371
01:05:50.880 --> 01:05:58.000
if I belong to the Protection Portal, I'm in an area of protection, right? Is it an actual portal?

1372
01:05:58.000 --> 01:06:04.560
No, it's not a portal. Like there's no hole where you walk into the wall and like, oh, I'm in a

1373
01:06:04.560 --> 01:06:10.160
portal. There's no portal, right? Is there like, you know, people to the left and right of you

1374
01:06:10.160 --> 01:06:15.680
protecting you? No, it's like, it's to make you feel a certain way. It's to make you think a

1375
01:06:15.680 --> 01:06:23.040
certain thing. It's what's called suggestive. Okay, so those are the most powerful trademarks.

1376
01:06:24.000 --> 01:06:30.000
Names that make people get a certain feeling, think that they're obtaining a certain thing,

1377
01:06:30.880 --> 01:06:36.480
even though that's not essentially what they're getting. Because if you just kind of

1378
01:06:37.040 --> 01:06:44.160
write the trademark to be exactly what they're getting, that's called what? Descriptive,

1379
01:06:44.160 --> 01:06:50.240
exactly. Do you see? See, it's a balancing test between descriptive things and suggestive things.

1380
01:06:50.240 --> 01:06:57.440
You want to lean on the side of suggestive, right? It's not, it's, that's basically what,

1381
01:06:57.440 --> 01:07:04.640
when you think of the perfume Red Door, okay, it's not descriptive, but I think, you know,

1382
01:07:04.640 --> 01:07:09.040
somebody sees a house in a Red Door, you tend to want to look at the house. It's like, it's inviting,

1383
01:07:09.040 --> 01:07:14.560
it's an invitation. It's like, you know, that's the house you check out, right? So that's probably

1384
01:07:14.640 --> 01:07:17.600
something along the lines of where they came up with the name for Red Door.

1385
01:07:19.520 --> 01:07:24.400
It's suggestive. Okay. All right. I'm going to stop there. Like I say, I always go over,

1386
01:07:24.400 --> 01:07:29.760
but we did a lot of administrative stuff today. So all the administrative stuff is done at this

1387
01:07:29.760 --> 01:07:36.640
point, or maybe not. Okay. Ray, apparently I just keep going back to Ray. Yes, Ray.

1388
01:07:36.640 --> 01:07:40.480
Right. Oh, sorry. There's just a couple of things we typically do cover initially, but

1389
01:07:40.480 --> 01:07:47.520
we jumped right in and gave you guys this great training right away. So one, can I drop them the

1390
01:07:47.520 --> 01:07:50.720
IP classification roadmap already? Or do we want to save that for tomorrow?

1391
01:07:51.360 --> 01:07:54.000
I was going to give them that tomorrow. I'll give it to them tomorrow. Yeah.

1392
01:07:54.000 --> 01:08:01.520
Okay. My apologies. And then also, if you guys need to save the chat, there's a three dots down

1393
01:08:01.520 --> 01:08:06.560
in your chat box. There's three little dots. You can click on that and click save chat and

1394
01:08:06.560 --> 01:08:12.880
it'll download right to your computer. Yeah. And all of you that have questions, obviously,

1395
01:08:12.880 --> 01:08:16.960
just bring your questions right into VIP. We're going to start doing the question and answers

1396
01:08:17.520 --> 01:08:23.680
right up front, right in the back. Let me just look and see. Content creators. I see a number

1397
01:08:23.680 --> 01:08:30.479
of people with comments about things that are related to content creation. IP is one of your

1398
01:08:30.479 --> 01:08:36.800
most important things, guys. Honestly, I mean, I'm not even exaggerating. I'm going to be doing

1399
01:08:36.800 --> 01:08:42.000
a training just for content creators because it's such a big deal right now. We're coming

1400
01:08:42.000 --> 01:08:46.720
to the holidays. You know what people are doing? They're taking other people's paintings,

1401
01:08:46.720 --> 01:08:49.920
their drawings, they're slapping them on T-shirts and they're selling them.

1402
01:08:50.960 --> 01:08:56.399
That's called copyright infringement. And there's influencers telling them to do it.

1403
01:08:57.359 --> 01:09:01.600
So you got to make sure you have all right title and interest to the images that you're utilizing,

1404
01:09:01.600 --> 01:09:06.479
that you're putting on these T-shirts. You can't take somebody's logo and throw it on a T-shirt

1405
01:09:06.479 --> 01:09:08.720
and sell it. That's called trademark infringement.

1406
01:09:10.800 --> 01:09:16.399
Like, I don't want you guys getting in trouble. I mean, we obviously want to have additional

1407
01:09:16.399 --> 01:09:21.760
sources of income. So what you want to do is you want to look for trademarks that are expired,

1408
01:09:21.760 --> 01:09:27.359
look for like copyrights that are expired. Did you know that the original Winnie the Pooh

1409
01:09:28.960 --> 01:09:34.080
cartoon, which came out ages ago, like the copyrights expired, the original Popeye,

1410
01:09:34.960 --> 01:09:39.600
you know, the original cartoon for that, that image is expired. So what do you think happened

1411
01:09:39.600 --> 01:09:44.399
to the people that were really smart? They wanted to make a ton of money. What did they do?

1412
01:09:44.399 --> 01:09:50.000
They immediately slapped it on T-shirts and they sold it. And those people are rich right now

1413
01:09:50.880 --> 01:09:55.760
because they knew when the copyright expired, the second it expired, boom, they were the first ones

1414
01:09:55.760 --> 01:09:59.920
to sell the T-shirts and everybody bought from them because they couldn't have access to it.

1415
01:10:00.000 --> 01:10:01.800
through those things before.

1416
01:10:01.800 --> 01:10:03.520
So now they're rich.

1417
01:10:03.520 --> 01:10:05.320
So IP will make you do very well.

1418
01:10:05.320 --> 01:10:07.360
All right, I have to stop now, I'm not gonna stop.

1419
01:10:07.360 --> 01:10:09.320
So we're gonna take a 10 minute break.

1420
01:10:10.440 --> 01:10:11.280
I love what I do.

1421
01:10:11.280 --> 01:10:12.580
So we're gonna take a 10 minute break.

1422
01:10:12.580 --> 01:10:15.320
I'll see you guys in VIP that are in VIP.

1423
01:10:15.320 --> 01:10:18.400
If you're not there, please go into the Facebook group,

1424
01:10:18.400 --> 01:10:23.160
do a live, like what's the one thing that you took

1425
01:10:23.160 --> 01:10:24.880
that was helpful to you?

1426
01:10:24.880 --> 01:10:27.340
Like just say, you know, I didn't know this thing.

1427
01:10:27.340 --> 01:10:28.720
This thing really helped.

1428
01:10:28.740 --> 01:10:32.100
Like just let me know, go live, go into Facebook group.

1429
01:10:32.100 --> 01:10:35.540
Let me know one thing that you learned today

1430
01:10:35.540 --> 01:10:36.500
that was helpful to you.

1431
01:10:36.500 --> 01:10:37.900
Please share that with us

1432
01:10:37.900 --> 01:10:40.480
because it's gonna help others as well, okay?

1433
01:10:40.480 --> 01:10:42.660
All right, is this helping you guys?

1434
01:10:42.660 --> 01:10:43.980
Is this time helping you guys?

1435
01:10:43.980 --> 01:10:45.820
Good, and please let me know

1436
01:10:45.820 --> 01:10:48.180
if there's certain things you want covered.

1437
01:10:48.180 --> 01:10:49.820
Like go into Facebook and say,

1438
01:10:49.820 --> 01:10:52.340
hey, you know, I'd like to learn about this.

1439
01:10:52.340 --> 01:10:55.580
Let me know, like we have four more days together.

1440
01:10:55.580 --> 01:10:57.140
I can customize it for you.

1441
01:10:57.140 --> 01:11:01.200
If you don't let me know and we're on day five,

1442
01:11:01.200 --> 01:11:02.880
this happens almost all the time.

1443
01:11:02.880 --> 01:11:05.160
On day five, people realize, oh my gosh,

1444
01:11:05.160 --> 01:11:07.680
like I could have asked him this.

1445
01:11:07.680 --> 01:11:08.880
Like, let me know now

1446
01:11:08.880 --> 01:11:11.240
and I'll do everything I can to help you guys, okay?

1447
01:11:11.240 --> 01:11:15.280
Because I've committed this week to you guys, all right?

1448
01:11:15.280 --> 01:11:16.800
All right, my friends, bless all of you.

1449
01:11:16.800 --> 01:11:20.320
I'm gonna jump off, let's say 8.30.

1450
01:11:20.320 --> 01:11:25.040
We're gonna jump into VIP, all right?

1451
01:11:25.040 --> 01:11:25.960
I'm gonna take 13 minutes.

1452
01:11:25.980 --> 01:11:27.500
I'm gonna grab something over here

1453
01:11:27.500 --> 01:11:29.740
and then I'll see you guys in there, okay?

1454
01:11:29.740 --> 01:11:31.340
All right, take care, everybody.