Oh, again. All right. Let's see.
Yeah, Peter, I'm ready. Do the hostess thing, please.
You got it. You got it, my friend.
Good questions. Hopefully we get we got some new people come to
the VIP. So they were a little confused.
Yeah, I saw that. I got a bunch of emails like this always
happens after day one. It's like all of a sudden people go hold
it. I need to go on VIP and then I have to like try to get them
in. It's so much fun.
Right. But for others. All right. Let me make you host.
There you go. Yeah. And we were I was reiterating a lot of
people that I'm going on.
Okay.
Just a reminder out of VIP folks that you will get the
recordings. You don't have to be here. This is what I'm telling
them, Peter. So don't tell them not to be here. They want to be
here. Well, no, but some people have said, I can't make it. But
can I benefit? And I said, Yes, you get the recording. If by
chance, you can't make one day or another, you can still submit
questions. And then you have 90 days for access to all the
replays. Right? Yeah, I would just encourage you if you can be
here, be here. Because what happens is as you learn
something, you're going to think of a question. And it becomes
very difficult. After, after everything's over, and you're
reviewing stuff, it's kind of like, oh, I've got a follow up
question. Now, I'm going to take care of all you there's there's
something coming. Everybody's going to be taken care of just
so people know. But that's later. That's not now. So we're
focusing on you now and making sure you're taken care of. So
we'll give it another two minutes for everybody to get in.
Oh, good to see everyone.
Yeah, so Susan, you're asking about Canadian, it's the same as
us. It's there's, there's no, the only difference is, is the
actual is the actual place where you file. That's why I what I'm
going to do is I'm going to work with you directly on it. Because
so there's a there's a separate website, which I'll send you the
actual link for the site itself. But the process, same process
application process, it's very, very, very similar. In fact,
last year, not last year, it wasn't that long ago, there was
there was only like, three months ago, I think two months
ago, we actually had an agent from Canada, who actually was
here. And so it was kind of funny, because she says, right
when she started, she says, Well, it's kind of the same. And
it was so anticlimactic. We're like, oh, and we've got an agent
from Canada was going to talk about the differences between
the US and Canada. And and she literally starts out by saying,
well, it's kind of the same. And it was kind of hilarious. We
also had a burst out of laughing. And then when she did
the major difference with the time, it just in Canada, it
takes so much more time. So we'll touch base on that a
little bit. But today, I want to go into a lot of the other
questions. And I want to get to this trademark application,
which is really important for all of you. This is one of the
biggest highlights of this. And so I want to take that piece by
piece. Okay, so with that, I'm going to give it 30 more
seconds, because I know there's a few other people are trying to
come in. And then we're jumping in deep. Is this helping you
guys? Are you guys learning? Yeah, awesome. Okay, good. So
there's in the searching area, once you understand how to do a
good search, it becomes very beneficial. Because then,
instead of going to attorneys for literally everything, you
save a lot of money, like you save so much money. And I can
tell you, like, I get hired all the time to do searches. And
they'll give me like 1015 different trademarks. And I'll
tell them, you don't want me to do this, like you, you do not.
And I'll literally stop the clock. And I'll walk them
through doing a basic search, just so that they won't hire me
to do what I know they could do. And then I say, once you get it
down to three or four, let me do what you need me for. Don't
that, you know, you don't want me now, it's going to cost too
much. Alright, so with that, let's jump in. So we're going to
do a few things today. First of all, many of you, not many, but
some of you have actually forwarded me questions by email,
I'm going to start going through those today. I think that's
important to get you some answers in that area. But what I
want to walk through with you first, before we do that, as a
trademark application process, right, this is important. Because
I think once you understand what's required and filing a
trademark application, it's just going to make it so that you
work with attorneys better so that you're prepared better. I
mean, everything's just going to be easier for you. So I'd much,
I'd much rather make sure that you understand how to do this in
the first
So let me share my screen.
Is that work for you?
Who here wants to learn about
filing a trademark application?
All right.
We got a lot of people who are interested.
All right, good.
All right, so let's do this.
Let's walk through this process.
Screen, share screen, pal.
Boom.
Okay.
Okay, so now I have an account
with the United States Patent and Trademark Office.
You do not.
All right, many of you do not.
Unless you filed your own application.
Some of you may already.
But let me show you how you do this first
before you get to the screen that I have here.
If you go back to
uspto.gov.
Can you see the main screen for USPTO right now?
Yes?
Okay, great.
All right, on the top right,
there's a button that says My USPTO.
Okay.
When you click on My USPTO,
now it's gonna be different for me
because I have my own account.
For you, let's see, somebody,
Helene, can you unmute yourself?
Yes.
Okay, when you click on that button,
My USPTO on the top right,
does it give you a screen for becoming a member?
Because I don't see it because I'm already a member
and they know everything about you.
I'm already a member too.
I kind of figured you were too.
Is there anybody here who is not registered with the USPTO?
Yeah, it gives you, I have an account or I need an account.
Thank you, Tim.
All right, Tim, as usual, is helping us out.
All right, so when you click on that,
you can actually create an account, all right?
We're not gonna walk through creating an account now.
You can do that on your own.
It's very simple.
Like we've all had to create accounts before
for different software programs.
So I'm just gonna assume
that you've already created an account.
Once you create an account,
you're gonna come to this screen here, all right?
This is the USPTO screen.
Now, right now, can everybody see on the left side,
it says, actually, let me make this bigger
like we did before.
Okay, can you see on the left side here,
trademark form finder and then patent alerts?
Do you see all that?
Okay, great.
I wanna make sure you're all on the same screen.
All right, on the top left,
you see file and application, right?
So now, right underneath there,
you just click on file a tease application.
That's it.
I already checked it.
It worked.
And it brings you to,
actually, you know what?
I'll just do it from scratch.
File a tease application.
It will bring you to this screen here that says,
do you see at the top,
a one-time process with lasting security benefits?
Everybody see that?
Okay, great.
Bypass it.
This is a lot of stuff you don't need to do.
I mean, you could do it if you want,
but I have never dealt with it.
It has like this verification system,
all these other things you can do.
I don't bother with it.
I click over here, skip for now, and continue to forms.
That's the way I do it.
And it'll bring you to this screen.
This is the main trademark application filing screen,
right?
This is-
Can you do that beautiful make it big trick again?
Mm-hmm.
Thank you so much.
I sure can.
Because none of us with reading glasses
can even see that on our screens.
Can you see it now?
Getting better.
But I don't want to make it too big.
Cause if I make it too big,
you're not going to see the things that are on the screen.
So can people see that right now?
Yeah.
Okay, great.
All right.
And you can also on your own side,
you can actually make your own view larger on your screens.
So as you scroll down now,
you'll see there's a few different options here.
This is why I have to make this smaller
because you're not going to see the whole screen.
All right.
And move all of you down bottom.
Now I can see the buttons.
Okay.
There's two different options here.
You can do a TEAS plus application
or you could do a TEAS standard application.
What a TEAS plus application is,
is that you already know that you are okay
with using the United States Patent and Trademark Office
way of describing your goods.
All right.
There's a lot of people that don't want to do that.
What I mean by that is,
the USPTO has specific words that they use.
You would have to agree to using their words.
There we go.
Now I won't get any more interruptions.
My bird was trying to come out.
She's tired of being in a cage.
All right.
If you select the TEAS plus application,
you will go,
I'm going to walk you through what that looks like.
You're going to basically be stuck.
with the words that the USPTO uses for describing what you have. A lot of people don't want to do
that. They want to actually do it, describe it their own way. If you want to describe it your
own way, you have to select the second option, T-Standard. That costs more. You see the cost is
$250 for a T's Plus app or $350 for your own wording, okay? I have been doing this so long,
I can do it either way. Many of you are starting out, so you might want some assistance.
So you might want to use the T's Plus and just use the terminology that the USPTO uses.
So for now, let's do an example of what a T's Plus application is. So as an attorney following
this application, see now, this is where I run into the problem. Yes, but I'm going to have to
say no for our purposes. And then we go into the next part, upload a previously saved form.
You don't have a previously saved form. This is the first time you've done this, right?
So since this is the first time you've done this, you're just going to go ahead and file
it from scratch. All right, so now let's just go continue. Now we're onto the main screen.
This is the applicant information screen, okay? You have to enter all this information on the left,
owner of the mark. Now, remember how I talked to you about who actually owns the mark?
You have to make up your mind as to, do you want to be the person that's listed as the owner of
the mark? Or do you want the corporation listed as the owner of the mark? You have to figure that
out now, okay? This is one of the more important sections here.
Because if you list yourself, then you're going to have to assign our right title and
interest over to the corporation afterwards. Or you can just list it now, and it'll be named
in the name of the corporation. So let's say it's a corporation. So then what you do is you put in
like A to E challenges is actually my corporation, all right? All of you who signed up for the
challenge received an invoice and a confirmation from A to E challenges, all right? That's what's
going to show up on your bill. So now you just put that in, and then you may have a DBA. So you may
have, let's say I'm going by some other name, you can put that underneath there. Now you have to
select your entity type, which is pretty self-explanatory, but I have an LLC. So you select LLC.
But once you select LLC, look what pops up. You have to select the state that it's incorporated
itself. I'm in New Hampshire. I didn't want a Delaware Corp. I didn't need it.
There's specific reasons why I did that. If you're in another country, you can select your country
in here. So if you're in Canada and you're filing in the United States, you can select Canada,
okay? Or if you're in the United Kingdom, wherever it is, you can go over to United Kingdom, select
United Kingdom, okay? So you just have to figure out where you're located. So in my case, I am New
Hampshire. So I'm just going to go down to New Hampshire. Click. Simple so far, right? Nothing,
no brain science yet. All right. So now we scroll down. Now there's a lot of different options here.
You can file it as an individual if you want. Remember, it's valuable if you have it as an
individual, because then you become an indispensable party of the corporation or the entity.
But at the same time, you get the potential for liability. So for that reason, a lot of people
file it in the name of the corporation, which is what I did. All right. Now you go down and you
have your address, mailing address. That's just, you know, you have, everybody has their address.
This isn't that difficult, just putting in the address. If you have a corporation, then you want
to put the address of the corporation itself, not your home address, right? Select your state,
New Hampshire, your zip, 03046. Okay. All right. So now there's this option here for domicile
address. It says, uncheck this box at the domicile address and mailing address of the trademark
owner holder are not the same. Mine is the same. So my corporation is the same location as this.
So I keep it the same. If it's not, then you would uncheck that. Now here, you do not have to fill
this in this next part. If you don't fill this in, you're going to get a red stamp on your application.
Don't be worried about it. It's not a big deal. It's just asking for your phone number.
I don't answer my phone number. Like somebody tell me why I don't answer my phone number.
Like somebody unmute yourself and tell me why I'm not entering my phone number.
Because it's public information. Boom. Everything that you are filing right here
is going to be available to the public.
immediately after you file it. Everything, that's your name,
your address, your incorporation, your phone number,
your fax number, your email address. So for that reason,
what I would strongly suggest is that if you have like for
myself, I have a phone number for the corporation that
actually, when you call that number, it then comes to my
cell phone, and then I can see that it's a corporate phone
call. And then I can make a determination as to what I want
answer that. Or do I want to let that go to voicemail, and I can
figure out if I want to respond to that later, right. So you can
list your corporation number if you want. You know, because you
want to be contacted in case there's some issue with regard
to your trademark application, or somebody wants to purchase
your trademark or potentially license or whatever, it's nice
to give them a contact point. But you can do that through
email. So I actually don't list my phone number. And then you
list your phone, your email, I would list your, your corporate
email, not your personal email, otherwise you can get. Let me
just tell you what happens. After you file a trademark
application, you get all these proposals from all these
lawyers, and all these individuals saying you just
filed an application, you're going to need help during the
prosecution phase, give me a call, I'll discount this, I'll
do that. You end up in their database. So just know that
you're probably going to get 10 to 20 spam emails the second
that you send this in. So whatever email address is
something that you'll be able to police, but you're not worried
about getting 10 to 20 different spam emails. That's the one you
want to enter. Okay, so for discussion purposes, I'm going
to use one that I don't really care all that much about. I'm
not going to list the phone number so you can see what they
do to you. And I'm going to use one of my spam emails, the
patent guy at hotmail.com and website address, I don't enter
that either. But you can like if you want people to know where
you're like Lynn, Lynn is a remarkable prophetic artists.
Now she has her own website where she actually shows her
incredible paintings incredible work, right. So she could
actually use this for marketing purposes, because this is free
marketing. You could actually list your own personal website
right there. And now anybody who actually sees the name of that
entity is going to know where her personal website is to
actually purchase her paintings. And you just published it on a
government website where all the world can see it. So you could
actually use this in an interesting manner to make it
beneficial if you want to. Just remember, whatever you post
again, like Mark said, everybody accesses it. Okay. All right. Now
you click Continue. Now look what happens. Warning. Now it
looks like literally the earth stopped and like rockets are
about to launch. But really, there's nothing wrong. You just
didn't give your phone number. So what? It's not that big of a
deal. But they do this, they give you this massive warning
that people think, Oh, my gosh, my application doesn't work. No,
there's nothing wrong with your application. This is just the
USPTO wanting to get your phone number. And the reason why is
because if you get a rejection, the the examiner is going to
want to be able to just call you. All right, they're not
going to want to wait for you by email and go back and forth. So
sometimes it's better to give your phone number, but you got
to give that make that call. Because when I filed my trademark
application, they just emailed me. And I had no problem at all.
But I did get that again, 10 to 15 pieces of spam. So that's the
downside. But just so you know, again, telephone has not been
entered. So what, like, it's not the end of the world. But now
you know what that is your applications fine, you're gonna
live. It's okay. All right, go forward. Just click Continue.
Now the red bar is gone. See, everything's okay. Life is good.
Alright, so now we move to the next screen. Alright, so now
looking at the next screen, this is where you're starting to
enter into the information about your trademark itself. Okay, now
remember how I told you there's a difference between a word mark
and a design mark to remember that. So a design mark is what
somebody type in the chat what a design mark is. Is it a word or
is a logo? What is a design mark? Right, I saw what Marlene's
mouth say it. Yeah, it's a logo. Exactly. You got it. It's a logo.
And so what you're essentially doing is if you're following a
logo, then you want to select your special form stylized or
design. Got it. If it's a word mark, you select standard
characters. That's what your attorney is going to do or your
paralegal is going to do. All right. Now what you do over here
is it says enter mark here. Okay, so guess what you do
there. You enter the mark there.
That's it. That's all it is.
It's so, so all you do is you type in, let's say Nike,
not, not in the Nike, but Nike, right?
So now you got Nike. Okay.
Now what, now this box over here,
it's not doing anything special.
All it's doing is saying,
if you want to see what it looks like when you,
that's what it's going to look like.
It's going to say Nike. That's all.
That's it. It's not really doing anything special for you.
It's just showing you that that's what the trademark's
going to look like.
Now, I would suggest that you press that button
because you would be surprised perhaps
how many times we mistype something.
And when you click the preview,
it's going to, it's going to throw it in your face
so you can acknowledge that that is correct or not correct.
So I would strongly suggest that you push that,
even if you think it's silly,
just to look and make sure you didn't type in the Nike
instead of Nike, like I did the first time. Okay.
All right. So now you just click continue.
Now I'm just going to do like standard characters, Nike,
and I'll click continue.
Okay.
Now we have already identified what the trademark is.
Now we're going to identify the goods and services.
Now you recall what we did was we selected a TEAS
application, T-E-A-S, right?
And I told you that what that means is the USPTO
is going to give you classes and give you specifically
what the goods and services are for that class.
I'm going to show you what that means right now.
We're going to walk through this together. Okay.
So you are now in the screen for adding in the goods and
services associated with the name Nike.
So I just click add goods and services. That's all. Okay.
So now what the USPTO does is it says,
why don't you enter in some words associated with
what you're doing?
So it's Nike, it's for, bless you, Mark.
So it's Nike and it's sneakers, right?
So I come over here and I type in sneakers.
And then what you do is you just click in the word go,
that's it, go.
Now look what pops up.
Isn't that neat?
Can everybody see what the USPTO provided there?
So what they did was they looked up the word sneakers and
they told you what international classification is
associated with the word sneakers.
And they told you what the recitation of goods should say.
Like they did it for you, essentially.
So all you need to do, here's the beauty of it.
All you need to do is just select what you want.
Well, I got sneakers. Yep.
They're not, are they basketball sneakers?
Yeah, there might be basketball sneakers.
I'm doing that too.
White sneakers, I don't even know what that is.
So I'm not going to touch that.
You know, class nine downloadable image files,
including artwork, trading cards, mems, sneakers.
Nope, not doing that, but look right here.
And this is what we're going to be talking about tomorrow.
NFTs. Do you see that right there?
Do you know why they did that?
Because NFTs has become such a big market.
It's huge, especially for artists.
I mean, it's, it's big, very, very, very big. Okay.
So what the years,
the United States Patent Trademark Office realized this,
and they realized that for a lot of these categories here,
there may be images associated with those goods.
And for that reason,
they're going to give the option to actually own
the downloadable image files containing sneakers,
authenticated by NFTs.
You can actually own that, right?
So if you're creating NFTs,
which we're going to talk about a little bit tomorrow,
when we go into copyrights,
what that's essentially telling you is that
you can not only own the goods themselves,
but if anybody makes an NFT or makes any artwork
associated with those goods,
you want to make sure that you own that
if you're going to do that.
Okay. That's really important.
Hold on one second.
Okay.
All right.
So let's close that down.
Okay. So with that being the case,
now you can select your goods.
You've already done that.
And now you can just click over here,
insert checked entries. That's it.
So now they're inside your application.
It's already done.
Do you see that?
It automatically populates.
Okay. Any questions about what we just did?
If you do, just raise your hand.
I can't see the whole screen.
Well, people already have their hands raised
for asking for other questions.
So I guess raise your real hand
if you have a question on that.
Mary has a question about specifically
how to select an international class on the TEAS form.
So go ahead, Mary.
First of all, what is an NFT?
I see the letters over there.
You don't have to worry about it.
If you don't know what it is, don't worry about it.
It's just a type of image file.
You don't have to worry about it.
Well, but if I want to get an image file on here, then-
That's a type, it's a type of good.
If you don't know what it is,
you're not even going to use it.
So I'll explain that to you another time.
The questions that I'm looking for is,
does anybody have a question
on how to select an international classification
using the USPTO website?
Yeah, go ahead, Helen.
Oh, you muted yourself.
You're already unmuted.
Okay.
I want to know if you can do like mugs and t-shirts.
I have an Etsy store and I had the feeling
they were very different.
Let's go back over here, see add goods or services.
Click on that again, right?
Now I have to move you guys.
Let's delete this and just type in t-shirts.
Go, there you go, t-shirts pop up.
You can type in any word you want there.
You can type in bowls, B-O-W-L-S, go.
Look at all these bowls that come up.
So-
Can you select more in different categories?
You sure you can.
You can select as many as you want.
I mean, you can type in jewelry, jewelry.
Not jewelry, jewelry, is there an E in there?
There is an E in there, right?
There it is, yep.
Jewel free, there we go.
Click that, there you go, you got jewelry now.
So let's say you got pet jewelry and click that,
just select that and click go.
And it's all under one trademark, that's great.
I thought you needed a lot of different trademarks.
So that maybe I'm thinking copyrights, I don't know,
but thank you.
Yeah, so basically you can type in any words you want,
like any word you want.
So then after you've actually got it listed
and you see the ones that you want,
like you've got bronze, jewelry, you've got body,
let's say you've got watches,
then you just click insert checked entries.
There they are, they all pop up.
That's it, I mean, it's so easy to use.
It's very user-friendly.
The tricky part is figuring out
what you're gonna use it on.
And remember, we're filing an actual use application, right?
So there may be certain things that you're not using yet.
So you may say, well, I am using it on sneakers,
but I'm gonna use it on jewelry, I haven't done that yet.
So let me show you something here.
You see all the ones that are selected now?
Now you have to assign a filing basis.
So actually using the mark in Interstate Commerce now,
yes or no, or no use of the mark yet, intending to use.
Remember how we talked about that?
So if I am using the marks, I'm using it for sneakers,
then I uncheck the ones I'm not using it for,
and I select section 1A.
That means for these two here,
now I'm showing that they're both being filed
under section 1A.
So now since I said, I'm actually using it,
I've got to select a specific specimen.
I have to select a description of goods.
I have to select, you know,
when I started using it in Interstate Commerce.
So let's say that this were sneakers
and I've got a specimen.
So a specimen, what a specimen is,
is basically showing use of the trademark
in Interstate Commerce, right?
Now for a good, you can actually put it on packaging, right?
So let me see if I have something that I can show you,
which is packaging.
Ah, here we go.
Here we go.
So here's packaging for like a type of granola that I use.
And you see on the top there, it says,
I don't know if you can see it.
It says living intention, living intentions.
You see that with the dragonfly?
Okay.
So over here, what I would do is this is the package
and it has the trademark on it, right?
So now I got to describe the package.
So what I could say is the specimen that I'm using,
I take a picture of this packaging, right?
That picture of the package.
packaging with the trademark on it. I attach that here. I click on attach remove specimen.
And then I choose a file. And then I find one. And let's say I'm just going to select
that for now. Doesn't matter what I use. Open. Okay, so now that's there. I have to keep
moving you because all of you are on my screen in different places once I'm doing this. Then
I click attach. Now that I've got a picture of the use of the trademark on the packaging,
I take that picture. I upload the picture by clicking choose file. Then I click attach.
That's it. And there it is. It's right there. Then after I've attached it, I can double
check to see if that's the right picture. Yep. That's the right picture. Good. So everything's
fine there. So I come back here. I go back to return to the form. And you see how now
when you go back, it says attach remove specimen. And there it is. One file attached. You see
it's still there. So it's there. So now I got to describe the specimen. So all I'm going
to do is I'm going to just type in what I have. So I'm going to say packaging for granola.
Well, in this case, it's granola. Granola. Granola having trademark there on. That's it.
Now, your lawyers are going to do all this part. All right. Your job is to find a good specimen.
So if you have a product that has the actual trademark on it, take a picture of the product
with the trademark on it. That's what you do. You take your camera. You take a picture of it.
That's your specimen if it's a good. Right. So if you have sneakers.
All right. So here are sneakers. Right. Somebody sent me sneakers as a gift.
It's not the brand that I use, but it's very nice to them. Right. So but these are Pumas. OK.
So what I can do if I was filing for Pumas right on the top here, it says Puma and it says Clyde
on it. So I can zoom in and take a picture of that or I can just take the packaging. See the
packaging here. You see the word Puma right there. So you just take a picture of the packaging with
the word Puma on it and I could send it in. And what I would do on the description is I would
just say packaging for shoes or for sneakers having trademark. They're on. That's it.
Packaging for Snellers. There you go. Right. There you go. Got it. That's it.
And so whatever it is, you're going to have to your attorney is the one who's going to spend
the time trying to figure out what's the right specimen to use. OK, that's where the most time
is usually spent by an attorney. It really helps if you already know, OK, my my specimen has the
name on here. Let me take a picture of that. Send it to my attorney. That that makes your life a lot
easier. Takes a lot less time. Data first use. You know, you could say when you first used it
in interstate commerce and actually the first one is data views anywhere. So if you used it
internally, wherever you use it internally and then when you used it in interstate commerce
and that's it. So now at this point, you've entered in the specimen. You specified
exactly what the description of the specimen is. So you're describing what your picture is,
essentially. So, again, if it's packaging with the trademark on it, you just say packaging for
the sneakers, having a trademark there on. And then you put in your data first use anywhere
and then your date of first use in interstate commerce. Then you click the button, assign
filing basis. OK, so as of right now, look at what happens. Remember how we selected only two
that we said are actually being used. Notice how right here on the right hand side, it says
assigned filing basis. These two are now covered. They're now done. These two here are now done.
It says 1A and 1A. But we still have the intent to use issue, remember?
So what do we do with the rest of them? Select the other ones and just select 1B
because you're not using it yet. So that's an intent to use for those. That's it.
Now, once you select that, you select assigned filing basis. It's way easier because you don't
have to prove anything.
anything right you don't have any specimens because you're not using it yet.
You don't have any goods or services, I mean you don't have any proof yet because you're not using it.
And you can't give a data first use because you haven't started using it so all you do is click assign filing basis now look at what happens down here.
I did that, for a reason, what do you see right here.
Section 1A basis, it is not necessary or appropriate also to claim a 1B basis for the same goods and services simply to indicate an intent to continue using the mark, so what exactly happened here.
What this is doing is it's telling you that, for your section 1B, for your intent to use products, you can't also say that you're also using it, so you can't say.
i'm using the trademark on here, but I also intend to use it on here that doesn't make sense so that's what this warning is that you saw here.
You don't have to worry about that because you didn't make that mistake, but this little box here is saying, do you understand.
That you filed an intent to use application and at some point you're going to have to change your application from an intent to use to an actual use that's all it says.
it's basically saying we'll examine it for you will even get it close to allowance, but at some point you're going to have to change your application to an actual use application that's all this says and it's asking you, do you understand that, so you say yep I understand it, and then you click assign filing basis.
And you're done.
You see that that's how it breaks down there, and so at this point.
Everything is in the system you've got your actual use applications on the 1A you got your 1B's for ones that you have that you intend to use in the future.
And then you just click continue.
So now, this is the end, this is the end of the application, so you can enter into it your own docket reference number so like, if you have many files that you're doing.
And you want to be able to look up some of them like this is my docket 101 this is my docket 201 this is my docket 301 so you can find them easily in your own docketing system, you can enter your own docketing info you don't have to.
You can also enter in a secondary email address you don't have to then you just click on.
Continue now here check here to appoint a US licensed attorney to file this form on behalf of the applicant if you if, at this point.
You want to assign this to an attorney to actually file, you can do that here as well, so here you just click continue, and now you get to the fees.
Now you filed in multiple international classes you're going to be charged for every international class that you file in.
Every different international class has the same fee, so you pay 250 for the first class 250 for the second class so that's where your $500 comes in okay.
And then they make you read these statements basically saying that you're not stealing this from another party you're not aware of another person who has it, then you have to sign it here a signature for e-signing is a backslash and then your name.
And then a backslash right, then you date it by just clicking over it you type in your full name.
Then you type in your position like if you're an individual or if you're the head of a company, or you know, whatever it is you type that in there.
And then you click validate and that gives you the option it takes you to i'm not going to do that, because if I do that it's going to send me to this whole process which I don't want Nike thinking that i'm still in their stuff or anything like that so um with that being the case.
You click validate you review it all you submit it have you clicked the submit button they give you a screen to make your payment and you're done.
that's that's the process for filing a trademark application all right kind of step by step now let's say as you're going through you go oh man, I made a mistake click go back.
and go back to where it is that you believe you made your mistake all right, and if you are in a case where you think you know what I don't want to deal with this intent to use application stuff just take all these here that are not what you want.
And you can click for move checked goods or services, you see that right here can everybody see that.
You can't so the screen that you're looking at right now does it have orange in the middle that says bronze pet watches do you see that okay great, so let me make sure I have that right.
Make this even bigger again.
All right, do you see this button right here
that says remove check goods and services?
Okay, so you can select the ones that you don't want.
Like, let's say I don't want these.
I changed my mind.
Just click remove check services.
That's it.
And then it asks you, are you sure?
You say, yes.
Boom, they're gone.
And let's say you say to yourself,
yeah, I wanna do sneakers and I wanna do shoes.
Then just click add goods and services,
go up to the top, type in the word shoes, click go.
And there's shoes, right?
So now you just select the type of shoes.
Cause if you just select shoes alone,
the examiner is gonna reject it
and they're gonna say, well, what type of shoes?
Cause they can be annoying.
I'll just admit it.
The USPTO can be annoying.
So you're gonna say, well, I'm doing soccer shoes
and I'm doing volleyball shoes
and I'm doing dog shoes, really?
Okay, I'm doing basketball shoes
and let's say baseball shoes, right?
That's what I have.
So I just say, insert checked entries.
That's it.
And boom, there they are.
They popped up.
You see that?
But now there's a problem, right?
There's a problem.
And I did this for a reason.
There's a problem now.
If I go to click continue,
you see all these errors that popped up?
Can you guys see on the screen,
all these errors with the Xs?
Okay, I'm gonna show you why.
You see how I forgot to assign a filing basis
to these three or to these four?
So when you look to the right
and you see assigned filing basis,
you see 1A, 1A, but you don't see anything here.
You can't file a trademark application
without putting an assigned basis.
You have to say if it's an actual use
or an intent to use application.
You have to do that every single time.
So what you're gonna have to do is for these
and they look, they actually did it for you.
They highlighted them for you
and they put the check marks on them.
So now you can go in and say, oh yeah, sorry.
You know, I'm new at this.
All right, let me click section 1B.
Now they all show up again under section 1B
and you gotta check this little box here
that says I understand that I need to turn
my intent to use application
into an actual use application at some point.
You click that and then you click assign filing basis.
And now look what happens.
Does everybody see the nice and clean white screen?
You see on the right side,
every single one of them has an assigned filing basis.
See that?
So now you can click continue
and there's no crazy earth is going to end screen
that pops up.
Like everything's okay, it's okay.
So you can go in here and play around all you want.
Like until you actually submit the thing, doesn't matter.
Like go in there and like play around.
See like, oh, well, what if I do this?
What if I change this?
What if I do that?
This is all free.
This is like your tax dollars paid for all this.
So go in there, play around, figure out stuff.
But the point being that you need to be able to,
when you file your original application,
let's go back to the beginning.
And then I'm going to stop and take some questions.
I want to go over some answers, some questions too.
So when you start, you select that TEAS plus application.
That's why you are actually able to get the option
to select which you could type in the word.
And then they gave you the international class.
Now, if instead you select the standard,
totally different deal.
I'm going to do this really fast just to show you.
That's all the same.
That's same, same, same.
Continue.
Yeah, yeah, I know.
I don't care about the warning.
Blah, blah, blah.
Standard characters, Nike, yep.
Okay, I come to here.
Now let's say I select all and I remove them all.
Because I want to show you,
I want to do a demonstration for you all.
What happens if you don't do it that way?
Okay, so now I am going into entering free form text.
And I click that, look what happens.
I no longer have that pretty screen that says to me,
hey, why don't you type in the word here
and I'll give you the international class
and I'll give you the description.
What you need to do instead is you need to now figure out
what international class it is, right?
And then you need to type in
what exactly is the description.
So now you have to go in here and say,
you know, audio, speakers.
um something like audio speakers right and then after you've done that and you've described it
then you can select your section a or 1b but the point is that it's easier it's it's easier if you
if you think that the description of your goods and services falls under what the USPTO lists
and you can test it you can just test all this by just selecting the searching id manual
um I don't want to confuse you guys I'm giving you a lot of material
yeah I'm not going to show you that that's really going to confuse you um so your two options
let's go back to the very beginning
back back back back back here what I would suggest for all of you does everybody see the option here
for the plus or the standard right now yeah okay let me just make this bigger I just I don't want
to confuse you because there's a lot of really cool stuff you can do but you don't need to know
it right now so let's there's very basic stuff I'm trying to teach you I would select this t's plus
it costs less you can use the USPTO's description of your international class and your recitation
of goods and services very easy to use then you go then once you're filling out your application
at this point it's timing out on me because we've been playing around so long then once you do that
it's very easy to uh to proceed Larissa yes a quick question from the um chat what if somebody
changes their mailing address in the future that's a great question that that honestly
that is a great question and I'm actually surprised more people don't ask that question personally
um because that's very common there's actually a form that you can file with the United States
patent was that your question Jill Jill that's an awesome question yeah so um yeah there's a
form with the United States patent trademark office that you can go in and fill out it's called a
change of address form so yeah your attorneys can do that your paralegal your assistant can do that
you can do it yourself it's on the USPTO website it's just another thing that's available it's
something that I actually talk about in something else which you guys will find about later so yeah
so that's for another day um all right let me do this was that helpful did everybody on like
does that help now you know the parts of an application you know kind of like how it's
structured why did I want to teach you that because now you know what your attorneys are doing
so now you know you can get them all the information up front and decrease your costs
like open up a word document type in this is I want it in the entity's name this is the entity's
name this is where it's incorporated this is the address this is where you know this is my the email
that I want you to select for the USPTO website I don't want you to put my phone number down this
is the trademark here's a copy of a specimen here's the recitation of goods and services
this is the international class because you've already gone online and you've messed with this
and selected everything so now what do you do you call up the attorney and say hey I want to file
this and they go how in the world did you know everything that was involved in a trademark
application you could say I'm just smart it's just you know some people just know things man
that's all it is you know you just you know that's what it is what it is and then you go out there
and you give it to them and your bill has changed from like 1200 bucks to like 5 600 bucks that's
why I'm trying I'm trying to equip you so that you can become more effective for yourself for
your company and now you can also train your secretaries your administrative assistants
your paralegals your partner you know like if you have a partner in your company your partner should
be jumping into this kind of challenge because they may have other questions that you haven't
even thought about so you know there'll be another one in like two months like let them know let them
learn this stuff too it'll help them all right so with that being the case let me I want to shrink
this down I'm going to answer some questions here and really quick Peter I know you answer this
often just came up do you refer to affiliate lawyers if people need help choosing a lawyer
yeah that's actually a really smart question so all right I have affiliates that I work with
literally in every country of the world so we're again we're hinting on stuff that I'm going to
talk about on another day but any issue that you have in any country of the world I have somebody
who can actually help you out I get nothing
out of it. I just I like to bless people. It's just it's fun. I like to see people being successful.
So yes, wherever you're going, whatever you're doing, I know people that can handle it. That's
part of doing this for 25 years and building strong relationships with people. All right,
so I want to open up emails. There we go. Okay, there we go. Today, there's also accountability,
right, Peter? I didn't hear you say it again. There's accountability. You between the yeah,
I mean, there's. All right. So I mean, I could talk about something in general that I think
you're kind of alluding to, Larissa, and that they're probably alluding to. Do not go on the
Internet and look up a lawyer. That that would be insane. I mean, you don't do that. You don't
like you don't you know, you don't drive down the street, see a billboard and say, yeah,
I'm going to I'm going to let my corporation, my retirement fund portion of my children's
college fund being in this person's hands, like find someone that you trust and then take
advantage of their networks. Right. Like when when I went to Bethel Church in in California and
Reading, gosh, I had a tough time standing. I was just getting hammered by the Holy Spirit.
But anyway, that's a whole other story. Right. So anyways, when I finally can do what I was
called to do, which was to purchase a certain painting that was not even created yet,
like I felt very strong in the spirit. You need to go buy that. I didn't know who the painter was.
I didn't know who the artist was. I had no clue who it was, but I knew I was supposed to purchase
it. So I started walking around the room and there's a woman there that I recognized from
the healing rooms at Bethel Church. And so when I recognized her, I was like, hey, and she turns
around. She's like, Peter, she grabs me. And I'm like, we're going to hug. And she says, what's up?
I said, I'm supposed to buy the painting that's not made yet. I don't. And she says, I got it.
Like, literally, that's what she says. She's like, I got it. No problem. And so I was like,
uh, okay, cool. So now she knew the artist who's actually here, who is amazing, beyond amazing,
right? Just one of them. I mean, the fact that she and Lynn are here is like, in and of itself is
like, this is a creative vortex right now. If anybody wants to receive creativity, you should
be praying for it right now because you've got ridiculous talent here right now, literally.
So, yeah, we'll pray into that later. But the whole point being that it was because of her
contact that I was actually able to receive from this blessed individual the painting, right? And
then I was blessed to actually win the bid on Lynn's painting, which was, wow, just off the
charts, right? So the point being, take advantage of the relationships that you have with people
that you do trust and who they do know. I wouldn't even know who the artist was were it
not for her, right? So now let's say you need a tax attorney, but you know an attorney who is
really good in another area. You call up that attorney that you know in that really good area
and you say, hey, I need a really good tax attorney. What do I do? Now, what happens is
you're placing your reliance upon that individual to bestow upon you people that they trust, right?
So what did you do? You built a level of accountability without even trying to do it.
So now all of a sudden, like if somebody does that to me, I'm accountable, even though they're
not saying it, I am accountable to that person that I'm referring. I'm not going to refer them
to somebody who doesn't know what they're doing because it's my reputation on the line. And I
don't know if you guys have heard this through the grapevine, but it's kind of hard to get a
good reputation as a lawyer, I'm just saying. So if you've got a good reputation as a lawyer,
you don't want to lose it, all right? You want to take care of people. So that's the way I would
do that is I would refer it like that. Does that answer the question, Larissa, about networks and
how you should refer other people and stuff like that? I'm bringing up other people's questions.
Okay. I think so. All right, cool. All right. So let me answer two questions here that I received
that I think we should go over. All right. And then I'm going to answer your personal questions,
all right? I'll jump in. Peter, I also sent you a question from Mark Morris in your chat.
Okay. He had a great question. Gotcha.
Okay. All right. One of these questions that I received has to do with
domain names and the relationship between domain names and trademarks. Okay.
Without revealing who the person is,
Okay, all right, so if you get a federal registration for, let's say, Microsoft Excel, right, and
somebody is using Microsoft, let's say, Microsoft Word, and you want to be able to stop them,
you're not going to be able to use the ICANN system.
It doesn't work.
You can make arguments for likelihood of confusion, which I'm going to go live for you tonight
and show you what the arguments are for likelihood of confusion so people understand those, how
you determine whether or not there's potential infringement.
We'll talk about that.
Here's another good question.
This one says, if I've got a registration in a first class and somebody has the exact
same words in another class, am I committing trademark infringement?
All right, so you personally should be speaking to your attorneys to determine that.
But in general, to determine if there's a likelihood of confusion, the goods or the
services should be somewhat related, right?
Or they're sold in the same place, the trademark looks the same, sounds the same, about the
same price or cost.
There's a number of different factors that you look at.
So if you get a registration for sneakers and another person gets registration for pharmaceuticals,
those are not even vaguely related.
So yeah, you could have a case where two different parties have a federal registration, but they're
not even vaguely related.
So that's not a problem.
In that situation, it's not a problem.
Another person here asks, what about capitalization, like in my trademark application?
When you file a trademark application, no matter how you spell it, it's all going to
end up being capped, all right, in your application, unless you do a logo.
Like if you want stylized, if you want your word stylized and you need to do a logo or
stylized application, not a wordmark, because when you file a wordmark, it's just for the
exact word.
If you want to have like a capital cursive letter here, and then the other words are
like blocked, and then there's like something else at the end, that's a design, that's a
stylized application.
That's a different type of application, okay?
So another question here has to do with websites.
What if you're using a trademark on a website?
Use the TMs on your website.
Another question here, oh, wow, that's a really good question.
All right.
I was actually going to go into this tomorrow, and then I'm going to answer some of your
live questions here since you're here, and then I'll answer a few more questions.
Okay.
So we'll be done in about 10 minutes, maybe, about that.
All right.
So when you go on Facebook, I know this is going to perk Lynn's ears, Becky's ears, and
a number of other people.
When you go on Facebook and you actually place your artwork, okay, Facebook gets a non-exclusive
license to everything that you place on their forum, everything.
What does that mean?
That means they can now use your artwork, they can use your trademarks, they can use
your videos, all those things, they can use any of that stuff, okay?
Yeah, exactly.
Lynn's like, what?
What?
Hold on a second.
What are you talking about?
That, unfortunately, you know that long language that they gave you in that agreement that
none of you read when you said, yes, I'll sign up for Facebook?
It's in there.
All right.
It's like Ragu.
It's in there.
All right.
It's like all the language is in there.
And they essentially did.
How do you think it is that at the end of the year, you get happy birthday and it actually
shows you pictures of yourself in different environments and everything because they have
a non-exclusive license to use whatever you put on their forum, to make derivative works,
to do anything.
They could even sell your stuff.
What?
Yes.
Yeah.
You've got to be careful on where you're actually making things available.
This is why you see I do not live stream into Facebook.
I'm doing way more work in running this challenge for all of you intentionally because this
content, if people got their hands on this content, lawyers would sell what I'm doing
with you right now.
They would sell this for 10 grand easy and they'd make it.
And so this is why what I do is I actually create the videos.
I edit the videos, then I upload them into a private channel and I'm actually creating
a separate forum right now, literally through tribe social.
That's going to have everything that I have in there only.
So nobody can even access it.
But the fact that matters is if I live stream into Facebook, they could take my videos and
do whatever.
they want. This is why I'm telling you, like, especially as
artists, you got to be careful, like, it was just it's
disheartening when I see other people do remarkable work. And
then, you know, the thing goes viral. And then people say,
Well, why should I buy the artwork, if I can just take the
image, now go to a camera shop, and blow it up, and put it on
my wall. Right? Like that, that doesn't make sense. This is why
you have to understand how the system works. So if you're and
there's a confirmation, just got a ding. So um, I love how that
happens thing just out of randomly, I don't even know how
that happened. So the point being, you're remarkably gifted
individuals, you have trademarks that are unique, you have
artwork that's unique, like you give people encounters with the
Lord, like looking at your stuff, like and even separate
from that, even in the business world, like you're you're
blessing these people with amazing ingenuity and
technology and other stuff, you got to know how to protect it.
So Facebook's one of the not great places TikTok. Another
one, you actually have an option on the bottom right on your
cell phone when watching a TikTok video to take that audio
and put it on your own video. You can grab that immediately.
We're going to talk a lot about this tomorrow when we go into
copyrights. Okay. So you've got to be careful because I see your
work and your work is so gifted and so talented, but you're not
hate to say it being compensated properly. So so you've got to
make sure that you understand you don't want to just publish
your stuff on Facebook sites, like put it on your own personal
site, then you can put a link to your site. Right? Don't put the
image on your site. Just say, Hey, guys, this is where my site
is. And on your site, make it very clear. Nobody has the right
to make a copy of anything here. If you do, that's copyright
infringement. Just like I do for the videos that all of you
receive the links that you had, what did I have right at the
front, this is protected by copyright law, you would be
insane to copy from an IP litigator who just by the grace
of God is never lost in a court of law, you'd be insane to copy
his stuff. Like that, that makes no sense. So you do the same
thing. You're like, this is protected by copyright law. You
do not have a right to make a copy of this. You don't have a
right to take a picture of this. You don't have a right to
distribute this. Unless you get it from me. You have to get it
from me and writing. We'll talk about this more tomorrow. But
that I thought was a really important question. Person
asked, what if I'm using my logos on my site? Can somebody
come over and just grab it and put it on their site? Yeah, they
do every day. Right? So that's why you want to use a TM if it's
a pending trademark application or a circle or if it's a
registered. I'm sorry, I'm scaring some of you I see some
of your some of your faces are like you're giving birth as I'm
talking. Like you're going from like, like, I'm seeing that
literally. And I'm telling you this because I want you to know
so that we can establish you so that you'll, you'll be taken
care of. All right. So I'm guiding you through this so that
you'll be well. Okay, so so yeah, the hornets are flying
around right now. But we are beating the living poop out of
the hornets. The hornet's nest will be gone and there will be
no hornets left. All right, you will all be fine. Okay. All
right. And with that, let me start taking some of your
questions here. I'm going to go to Becky young. Go right ahead,
Becky.
Hi, thank you, Peter. My first so welcome. Oh, yeah, thank you
so much. uncomfortable though. Some of this is I'm thinking
back to secret Facebook groups where I've given information
about things that I, you know, who so have I, you know, before
I knew I did the same thing, information, all sorts of
things. My quick questions. One of them is about ongoing
trademark costs. Is this a Do you have to renew every year?
That thing? And how much words of my friends? That's a
brilliant question. Yes, you have to actually keep your
trademarks alive. You have to do what are called section eight,
section nine filings. And there's more of them. There's a
section 15. There's there's a whole bunch of them. So yeah,
you you can't just file it and then it live forever. You
actually have to renew their rules that can be done.
And the reason I'm asking that is partly it's the
commercial decision because I'm not making any money. And my
business isn't up and running at the moment. So I need to be
about if I'm going to invest in trademark protection for
trademark that I don't think anyone else is going to take
until I put it out there. Right? Like, I need to, you know, be
ready to press play with everything.
Not quite. Okay, let me show you the way around that system. Okay, if you file and this, this is, this is so valuable for all of you. I hope you grant and this is why I wanted VIP because you asked these questions and this is going to pertain to everybody.
If you file a trademark application, and you haven't started using it yet.
So you can file that intent to use application. But what they give you is they give you up to three years to start using the trademark up to three years.
Okay, so that's really good. So now you can secure your name.
You know, basically, stamp your, your, your stick into the ground and say this is my property, nobody can use it.
But at the same time what you're doing is you're, you're, you're now opened up a window of time.
So within that three years what will happen is every six months, you get you have to file with the United States Patent Trademark Office and extension requests.
Okay, so you'll get your allowance.
You won't get a registration because you haven't used it yet, so it's still a section one B. And then at that six month period.
You have to file a extension, and you have to say why and in that extension you can say like product development, development and research, you can say you know all sorts of things right there I think there's like six or seven, five or six options, you have to select
And it goes right through the system. I mean, it's really easy. It's just that most people don't know about it.
So that six months, does that kick in within three years or only after the three years, is there an initial.
It's within the three years. So are you referring to a trademark that you already had or one that you're filing.
I haven't filed it yet it's the intent to use. Yeah, it's definitely an intention to yeah so you would file an intent to use, and you have up to three years to actually start using it so that's what I would do I would get on that right away.
Okay, but within that three years I'm going to have to do a thing every six months, which is a continued within the three years, right within the three years you're gonna have to continue filing extensions.
That's correct. And with that, I am going to. Was that helpful Becky. Yes, that was. Thank you. I've got a couple of questions, but there are other people so let's.
Yeah, sure. Yeah, and we'll continue every every day we'll continue doing this tomorrow is going to be purely questions and answers today was a lot on the trademark application, but tomorrow is going to be purely questions and answers.
Lin just Lin just asked something that I want to go over watermarking.
Actually, you know what Lin let's do that tomorrow because tomorrow we're doing copyrights.
So it directly pertains to copyrights, and we haven't touched it yet so let's let's go into tomorrow, but I think watermarking is brilliant.
I'm going to just going to use that term all the time now.
Can I just say I love that term like it's brilliant. It's a great. It's better than saying it's good right.
So let's see. Um, let's go to Jackie.
Jackie, how are you. I'm well thanks thanks Peter.
Brilliant, by the way. So lovely.
I love it. I love it. So good.
My question is, I'm not sure if you had a chance to to read my email about the, the company or the group of people in the States were using my designers their logo.
Yeah, let's actually go through that scenario right now I actually did receive that you sent that out yesterday.
Let's go through the scenario itself.
Let's actually walk through it step by step because I think it would just be beneficial once you ask the question live so everybody understands the context and then I'll answer it.
Good.
Okay, I have.
I do designs for a print on demand store.
One of my designs has been used by a group of guys who are running a podcast.
The subject matter is men's mental health which is, which is fine, so I don't really want to stop them doing that but I've just discovered that they're actually doing merchandise as well now which would impact on possibly impact on my sales of my
designs that have the logo on. So I filed for a trademark registration in the States, and I'm waiting for them to confirm what they've confirmed receipt but I've not heard anything back from the government yet.
How long ago did you file it.
And I got confirmation receipts on the 31st of March.
Oh, that's very recent. Okay, and the other. So the logo itself, you've been using it for specifically what specifically were you good.
the services? And I've been using it on t shirts, mugs,
cards, invitations, but nothing associated with men's mental.
Yes, it is men's. It's all about men's health. So it's all men's
mental health. Yeah. And what about the podcast? Is the
podcast specifically on men's mental health? Yes, it is. Okay.
And you don't know the other party in any way, shape or form,
right? No, I just happened to come across them. And I was
going to buy the domain name. Okay. And how long were like,
how long have you been using it? I first posted it for sale on
Zazzle. I think it was 2020, late 2020. And yesterday, I did
the the machine thing that you said the way back machine. Oh,
you did? Yeah, nice. I did it on their website. And they have
only been using that term since 2021. Okay, so yeah, so let me
just kind of talk about this in general, because I can't give
you legal advice, obviously in this forum. But what I can kind
of talk about a little bit is remember how yesterday we talked
about common law usage. So like you're using in a certain area,
and other parties using a certain area, and they're kind
of related services or goods, you know, in that kind of
situation. So in that kind of situation, it comes down to who
use it first and what specific geographical region, right? Now,
if somebody else starts using it, let's say you're using it
in Destin, Florida, and somebody else is using it in Concord, New
Hampshire, right? That's okay. But now all of a sudden, you get
really smart about it. And you say, you know what, I'm going to
be going national here. So I'm going to file my own trademark
application. So you file a federal trademark application,
now you end up owning all of the United States, right? But they
still existed. And so you can't really stop them from continuing
to use it in their specific geographical region, right? So
even though you file, even though a party files their
trademark application, they don't have a right to stop
others until they get the federal registration to
register. Right. But there's still a battle between common
law uses like who used it first and what geographical region.
And so this is where it gets very messy and where lawyers
make a lot of money. This is this is like the sweet spot for
lawyers. Why? Because now this party has got to prove when they
started using it, this party has got to prove when they started
using it. One party says there's no likelihood of confusion. The
other one says yes, there is. One party says I own this
specific geographical region. The other one says I own that
one, you're getting into mine. And so it's a very messy
situation. Like it's a very messy situation. It could be. It
could be. I mean, just letting you know, it could be really,
really messy. So what I would do is I would touch base with an
attorney. And I would let them know, you know, this is the
situation. But basically, what they're going to do in their
analysis is they're going to do a common law comparison. When
did you start? When did they start? Are they in your same
geographical region? Are they not if they are who used it
first, if you use the first, they'll send a letter over to
the other party and say, Look, I used the first plus I've got a
federal trademark application that I filed. So it's best for
you to just stop using it.
It is actually my design. I think they've seen it on the
internet. And they've started using it.
Yeah, and it's awfully ironic. We literally just talked about
that a moment ago. So yeah, unfortunately, that happens. Did
you have a TM on it on the design?
Oh, I didn't know about that.
Right, right. So what I would do immediately is I would put the
TM on immediately. Like if I were in this kind of situation,
again, this is not legal advice. I'm just saying that the
situation is that if I were using a logo and somebody else
was using it, I make it very clear that it's my trademark by
using the TM. Because if I don't have the TM, then somebody
doesn't realize that I believe this is my trademark. And I
would touch base with an attorney. And for you
specifically, when you speak to the attorney, give them your
boat. This is for everybody. When you speak to an attorney,
let them know your budget. How many people here by a show of
hands by physical hands, goes out looks at a house sees the
cost and says, I'll take it just just raise your hand. Anybody
here do that ever? Yeah, I didn't think so. So Oh, come on,
Mark. Come on. There's always one. Mark. It was family. We
didn't have a choice. Oh, well, that's different. That's
different. All right. So Mark's like, I've got $4 billion in the
bank. I'll take it, you know. So yeah, so it's not usually the
case. So get to know what the budget is associated with the
attorney that you're working with beforehand. Don't get
surprised.
with bills that are $2,000, $3,000, $5,000,
because you didn't ask them basic questions.
Don't be afraid of your lawyers.
Like, you know, it's a business deal.
So talk to them, say, hey, look,
I've got $200 to spend on this.
This is really important to me.
Can you just talk to me about this issue?
I need maybe half hour of your time.
So should I get a UK-based lawyer or a US-based lawyer?
Where, so you are in the UK,
where is the service being provided?
It's in the US, right?
It's in the US.
Yeah, so you speak to a US lawyer,
because they're the ones that are gonna actually
do the analysis of the trademark infringement or not.
Yeah.
Now, if it was instead you were doing business in the UK,
then you can, you know, speak to a UK attorney,
but you're not doing that.
You're dealing with the US.
All right, I'm gonna take one more question,
and then we can do more questions tomorrow.
So I do not believe I've actually heard
from Mary Jo at all.
Is that correct?
Mary Jo, have I had the pleasure of speaking with you ever?
Not that I know of.
All right, why don't we do that now?
And tomorrow, write down, Mark, hold it.
Don't put down your hands yet.
Mark is first, Lisa's second,
and then Helen, you're third, okay?
For tomorrow when we start.
Tomorrow's gonna be purely answering questions.
So Larissa, can you write that down for me?
Or Ray, can you write that down just so I know?
I wanna make sure we go by-
Okay, I got it.
Thank you.
All right, so Mary Jo, you're on my front.
Go ahead.
Yes, my husband and I are the founders
of a nonprofit organization, 501C3,
that was founded in 1984.
Before we had internet or before we had any of this,
we've been doing this ministry for all that time.
We are the directors of the organization.
And we started it simply because we wanna teach.
Yeah, sure.
But now we have to do all this legal stuff
and everything else.
And so I'm wondering,
how do we, how would we go back
and shore up foundations to look for cracks,
to find out what do we need,
what would be the most efficient way to deal with that?
Yeah, what I would do-
We're dealing with some copyright issues right now
on a couple of photos on our website
that's cost us several thousand dollars already.
Yep, we're gonna be hitting that first thing tomorrow.
That's a big issue, big issue, yep.
Yeah, so I'm just wondering what would be the best way
to shore up those foundations
without spending a fortune that we don't have.
That's a great question, Mary Jo.
So the way I would do it is I would get an IP attorney
to do an IP audit.
That's the way I would do it.
IP audit, okay.
It's called an IP audit.
It's something that I actually do.
It's basically the way you do is you go into the company.
Before you go into the company,
you give them a list and say,
hey, list down like any of your trademark issues,
copyright issues, inventions, ownership of IP issues.
What exactly is important to the company?
All that stuff beforehand, you give them that,
they get all that together.
And then literally I walk into the room and clean shop.
Like, all right, this is the mess you have.
This goes here, this goes there, this goes there.
I'm not pitching for work.
I'm just telling you what IP attorney,
like an IP attorney at this level should be able to do.
But the trick is that you don't wanna hire
a trademark attorney to do it alone.
You don't wanna hire a patent attorney to do it alone.
You gotta get somebody who understands patents,
trademarks, copyrights, trade secrets,
because then you can have one meeting.
The way that this usually works is remarkably unfortunate.
It's, I mean, it's really unfortunate
is that you end up hiring a copyright attorney, right?
And then the copyright attorney comes in
and they look at the website stuff
and they look at your copy and they look at your pictures
and they look at your images and they look at,
you know, what's being used.
Are you using water?
Actually, Lynn nailed it.
You know, are you watermarking things?
Are you not?
And like, they go through all this stuff.
Then all of a sudden you go, well, what about my logos
and the name of my company?
So then you call up a trademark attorney
and the trademark attorney comes in and you're like,
well, how are you using the logos?
What's the corporate name?
Did you file with the secretary of state?
Did you file with the state
or did you deal with the United States
Patent and Trademark Office?
And they do all of this breakdown.
Then you go, well, what about my ideas?
What about my system?
And what about my software?
So now you hire a patent attorney
and the patent attorney comes in
and they're like, give me a flow chart
of how your software works.
This is protectable.
That's not protectable.
And so that's usually three different attorneys.
If you can get one person to do it all, ridiculous value,
absolutely ridiculous value.
And so that's one of the things I had to do
is call an IP audit.
And so if you can get that, that's what I would do personally, then you can nail all
the issues at once, have like one short meeting and
and then you know exactly what you need to do and you're done.
That's the way I would do that.
OK, and would you have suggestions on what
kinds of data we should get together before we find that attorney?
Or would we or would we have what I would be getting together personally?
Yes, I would get together as an example.
What are your most important images?
What are your most important trademarks?
What's your most important logo, your
slogans, the name of your corporation, get that together.
Who owns the assets?
Figure out who owns the copyrights, who
owns the trademarks, who owns the you know, the IP in general.
Do you have music and video associated with it?
What are the most important things in that category?
Like get all the things that are important to you.
Think of it this way.
If somebody took what you had, would you be upset about it?
Think of it that way.
That's the way I tell people.
It's like if you would be upset about it, then that's what you want to protect.
Whatever you'd be.
If next week your next door neighbor had
that prototype that you have in your garage, would you be upset about it?
If that's the case, then that's stuff you want to present for the IP audit.
So I would gather that stuff together.
You know, Larissa, this is making me think I need to add another offer to,
you know, I need to figure out I was actually just thinking about the prizes.
Yeah, because people are very they're very savvy and very gifted.
And so the caliber is going up, up, up, up.
So it's yeah, it's what it's what the Lord's doing.
So. All right.
So we'll talk more.
Marjorie, I'll figure something out for all of you.
We'll figure it out. Yeah.
Thank you. All right, my friends.
I am going to jump off.
Larissa is going to finish off with you.
Was this helpful?
Does it help you all? Yes.
Awesome. That is awesome.
Bless you all.
You're amazing. Like you're so gifted.
If you have other questions again tomorrow, we're going to do a pure question
session, so we're just going to answer questions and stuff like that.
I may have one drill that I walk through,
but people tend to like that trademark application filing.
It really breaks down things for you.
So I'm going to jump off.
Larissa is going to finish off.
Tomorrow we're going to start giving away prizes.
OK, so we haven't done any prizes yet.
We're going to start doing prizes as well as we're going through copyrights and
we'll take it from there. Right.
Bless you all. I'm going to jump off.
Take care. Awesome.
Thank you, Peter.
Feel free.
Thank you, Peter.
Yes, I'm you.
Tell your thanks.
Tell your thanks right now. We appreciate.
Thank you so much, Peter.
Thank you, Peter.
I thank you.
Thank you. All right.
So just a quick reminder, your homework.
Go to the Facebook group.
Why? Because everybody else needs to know
your nugget and or.
Your next thing, what did you get from today?
What is your what what is it?
What is the goods today?
Yesterday, how much fun are you having in the VIP VIP years?
Thank you so much, so much for being here, for connecting.
Your replays do come to you, an email
reminder as VIP, you have 90 days access.
So to miss a little to miss a lot, we all hope we can be here every day.
But it's not tragic if you do have to miss because we all have life.
Some of us have jobs and
it is what it is.
But to be here is to get the most and you should be getting emails.
If you I see, Mark, you're asking yesterday's replay accessible now.
I think so.
I know that so Peter's like Internet and the world crashed this morning.
And yesterday the first session went out fine.
It took a couple of hours, but he had some problems.
He had to deal with storage in his
computer and he was like a really good computer.
OK, so he's not using the cloud.
He's using his own storage.
So, Ray, can you answer that question as far as the VIP session?
Yeah, we scheduled it out to go out at about 10 o'clock last night.
So it should have it should be in your inbox.
So check yesterday's late, late at night.
All right, I believe that was Eastern time.
Yeah, you might want to whitelist Peter's email.
If you don't know that means you do it and I'll show you how like whitelist
in Gmail, whitelist on a Mac or on a PC, like how to make it save a contact so
that that emails from that particular email, let's come right to your best.
box. You know, Gmail likes to sort out into different categories randomly and not give
you the things that you're waiting for up front. Sometimes it happens, all of us in Gmail. So
you're not alone. We are here to help. Any questions? Amy, you got a question?
Yeah, I heard him say a couple times. We'll get into that tonight. Did he mean tomorrow?
Or did he just say tonight? Are we missing something?
We got three more days. We see you in the chat. I keep, you know, do help us. It's okay,
squeaky wheels. If you asked it in the chat, still submit your questions. As you see, he
brought up emails today with some frequently asked questions. And with that, oh, good. Mark
found the email. See, sometimes I do this too. You just have to stop. Make sure you read, like,
they shouldn't be long emails. A little tip from Larissa. Read the email to the end before you fly
off the handle. Me fly off the handle? Never. Yes. We all get a little rushed. Any other questions?
I'm watching. I'm guessing Lisa, you have a question for Peter. Your hand's been up for
ever. I'm going to love that. Becky, Mary Jo, you're unmuted.
Yeah, I'm just, I'm still having problems with the emails, but I'm out of the country
at the moment. I don't know if that's what the issue is or if I'm not getting them.
I don't know if it's your connectivity, but once you can connect, hopefully it is updating
your inbox. Yeah, I am getting, I'm getting a lot of other emails coming in. So,
you know, I don't think that's it, but. You do have Gmail. So like I said, because you told me
that Gmail likes to, so like search at the top, Nieves or elite, E-L-I-T-E. That's right. Is that
where it's coming from, Ray? Or it's coming from. Yes, it's coming from Nieves at elite-challenges.com.
I'll put it in the chat here, but there's something that Gmail does where they kind of
filter. When you first start initially receiving emails like this, they like to filter them over
in the promotions tab. And then once there's a frequency and interaction, then they'll start
moving them into your inbox. So it's definitely worth it to just hit your search bar first. You'll
be able to find it easier. And Mary Jo, I will go take a look on our email system, but you opted in
to the VIP today, correct? No, I thought we did it Sunday night. I think we opted in on Sunday
night to both the challenge and the, so we just need to make sure we're totally opted in. Fantastic.
I will go take an extra special look on our system to make sure that you're properly getting
everything that needs to be. Okay. We'll make sure of it. No problem. Thank you.
Any other questions? You guys are doing, you guys are fantastic. Such a wonderfully involved,
great questions. There's no stupid questions. You see how Peter is so gracious.
I say that in what I do on the, on my job too. It's like, I'm the expert. You're not like I do
mortgages. I can't expect you to know that much about what I do every day. Even if you have a
mortgage already, there are rules. My world is just as not fun as Mr. Lawyer. That's why I like
this. Thanks. Bye. I got to go. Yeah. You don't have to stay on. Any other questions? We're here.
Yeah. You don't have to stay on any other questions. We're here. So the one about the
Facebook thing, that was, that was a half a million. Oh, I guess you kind of know it,
but you never quite think about it. Cause I go live there all the time, sharing my tunes and
stuff. So I was going to start doing TikTok because people told me you should go do TikTok.
But then I read the thing and I was going in. It's like, you have to give up your resume.
Do I really want to do this? I haven't started with TikTok. Cause I'm like, uh, now I'm, I'm
realizing why I probably did not want to, because there was that check thing. Don't do it yet.
Yeah. Those are good questions for copywriting. Like you said, tomorrow when he's going to cover
a lot on copywriting for music and the things don't forget there's that bonus. I dropped it
earlier. You can still save the chat. So how do I save the chat? Well, you have to open the chat
and then down the bottom where you would write, there's three little dots that when you hover
over it, it says more, you can save the chat and it'll download as a text file to your computer.
And any link that I left there, or anybody left there that was public will be in that
also on the Facebook group. There is the, I think you call it a security.
And it's the different categories of what things should be trademarked and what things
should be rewriting.
It's a bonus.
Yep.
She's already printed it out in color.
Way to go, Susan.
Excellent.
And it translates over international.
Remember this?
It's the international trademarks.
And you're in US, you file in US.
In UK, you file, you file where you want to be, where you do business, where your products
and things are going to be.
So it's the same as if I'm uploading, because my phone isn't Android, it runs out of space
so much.
So I've been uploading my videos into YouTube so that I can have it there, so I can share
it.
So that one there, I should also put TM then for all the write-ups.
Great question.
And that YouTube does have protectables.
I know I can say that I've heard this enough, that there are ways with YouTube that you
can classify your stuff.
So it's a great question to make sure it gets covered tomorrow, I think.
Okay.
So you can go live and say that, say, Peter, I'm looking forward to hearing about YouTube.
Because you weren't the first person to say that it was in the chat today.
Yeah, because I do all my stuff there now, I try and upload it there, because of space
issues.
But then it also gives me a chance to go and share it with other people.
Then I'm not doing it.
There could be alternatives.
I personally, and I should quit the recording.
I use Google Docs.
I don't think Google owns my Google Docs.
Rae, do you have anything to do about that?
Because you can save pictures and things to the cloud.
I wish I did know, but I guess it's more of a skeptical first, because these corporations
are profiting off of these ownership rights.
So I definitely think it's important, because that's why Facebook took ownership, is they
want to be able to have the rights to repurpose every content that you create.
They get to make money off it.
That's why they built so fast.
And that's why they're such a powerhouse.
They found a legal way to monetize all the things that we're giving them.
And so I don't know about Google.
One I want to read up on is Pinterest, because I've been working with them, their team directly
lately.
And they have been really working towards building a safe, positive, like there's no,
they have a no hate tolerance policy and no politics.
So it's just about creation, inspiration and motivation on their platform.
So I want to see, because they're working on building it up so that creators can come
have a safe place to create.
And I think that's a positive charge in the right direction.
So I want to read up on theirs and see what their, their rights and protections are, because
that could be a really good alternative to Facebook, I think.
Oh, yeah, yeah, definitely.
And an external hard drive is not that hard to come by, you want to get at least a terabyte
or two or three, go to Amazon and buy yourself an external hard drive that you can download
just up from your phone, and keep emptying your phone and videos do take up a lot of
space.
This FYI, that's what Peter ran into yesterday.
And me too.
And like my company is probably thinking, what is this woman uploading to our cloud
servers?
But anyways, you didn't hear me say that.
All right. Anything else?
We're going to cut it off.
It's almost three o'clock.
We so enjoyed having you here today.
Well, thank you so much, Larissa and Ray, for taking care of the background.
Oh, bless you.
I'm thinking I love you, Jackie.
Jackie, I'm so happy to see you here.
She's gone now.
Oh, yeah.
All right. I'm cutting it out.
Five, four, three, two, one.