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All righty then, this is the basic USPTO website.

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Everybody's familiar with how to get here.

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In case anybody is not for some reason,

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it is now in the chat.

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How done.

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All right, trademarks.

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We're going into trademarks

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and then we're going into search, right?

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So we click on search trademarks.

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Now we go back to the screen that we've all seen before.

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We click on the search button

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and now we're going to do a,

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you're not gonna do a basic word search

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because a logo is not a word, right?

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It's a logo, it's a design.

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So for that reason, if I actually,

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let me just share my screen.

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I'll just say famous design logos.

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Let's give you some examples of images

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of famous design logos.

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Okay, so can everybody see like my Google search, right?

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So these are like examples of famous design logos.

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And like, so some might be saying, well, hold it, Google.

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Like Google is a wordmark.

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It's like, yeah, it is a wordmark,

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but you notice what they did here

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was they did something similar to what Mary did.

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Like Mary used that Bodhi

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and she made that into an actual character in the word.

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So she actually has,

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she can have protection of the wordmark

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and she can have protection of the logo.

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The logo would be the Bodhi inside the word.

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So that would be a logo.

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And then the Bodhi alone,

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if she uses the Bodhi alone, completely alone,

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then that would be protectable too, right?

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But it depends upon how she using it.

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So in any case, in this case for Google,

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they have the wordmark Google,

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but they also have this other version here

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that's in color.

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So they want to be able to own the color version.

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So they actually have a trademark

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for the color version as well.

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They do it different ways.

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And as you can imagine,

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Google has a ridiculous number of trademarks,

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but if you just scroll down,

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you'll see there's the Apple, right?

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Second, you see that, who do you think of?

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The corporation Apple, right?

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So, and that right there,

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the green woman that looks like she's yelling

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at everybody to come in and get a cup of coffee, right?

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That one right there, that is Starbucks, right?

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So, the second you look at them,

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that's the whole thing with these trademarks.

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And this, what I find is amazing

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is that Target actually has a trademark on a Target.

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That to me is amazing,

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but that was really smart the way they did that.

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Very famous trademark.

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Everybody knows it.

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The night, the golden arches.

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And for those who have watched coming to America,

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the golden arcs, you know, remember that?

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This isn't McDonald's, it's McDowell's.

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So, if you want to see a really good,

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funny trademark movie, that's in coming to America,

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although there's a lot of inappropriate parts to it,

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but still there's a lot of funny trademark stuff.

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Twitter, there's their bird thing, right?

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So, when you put all that together,

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let me make sure that you're still looking

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at the same screen that I am trying to share with you

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by refreshing for you.

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Okay, so those are all designs.

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Those aren't word marks.

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So, you can't search that under the first link here.

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I've had people, you know,

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say I'm looking for the Twitter bird,

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but I can't find it under the word search.

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So, right, because it's not a word, right?

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So, go to the second one.

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Second one's for designs.

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So, now you click on the design.

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All right, now what I'm going to do,

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let me back up a second.

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I think I'm going to do something first.

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Let me do a really quick,

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trying to think of a really good example for you.

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So, what if I just type in Swoosh?

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Let's see.

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Actually, let me make it even better.

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I'll do Nike

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as the owner

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of the mark, and then Swoosh.

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Oh, now somebody should be able to tell me what I did wrong.

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Does anybody see what I did wrong there?

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Dan, what did I do wrong?

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Or instead of and.

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You got it, there it is.

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Very good.

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Now you submit the query.

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Now, see how much better that is?

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Now you can actually see the Swoosh.

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There it is, pops right up.

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That was the difference between like 25,000 returns.

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And this is what you're going to run into.

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You're going to start doing your own searches

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and you're going to go, there are too many results.

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When I did a search for Nike and the Swoosh,

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I got 4,597 trademarks.

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And no, it's because you search for Swoosh alone

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and Nike alone.

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And so what you want to do instead.

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is just make sure you have that operator change to end.

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Now, boom, shows right up real fast, right?

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Okay, so now let's just grab one of the swooshes here.

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It's probably, actually, that's a word mark.

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Let me do this one too.

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That's the swoosh mark too.

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Yeah, I'm gonna show you something.

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Yeah, all right, this is a really good example.

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Okay, so what we just did was we searched

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for the term swoosh in any field, right?

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But if you search instead under description of mark,

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you see that there, description of mark?

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If I search for swoosh under description of mark,

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let's see what we get.

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Now, these are old ones.

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There's a swoosh.

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You see the swoosh there?

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See how all of a sudden the swoosh pops up?

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I'm gonna show you why that is.

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Now, this is an old one of theirs.

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We'll show you some newer ones in a second,

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but I'm gonna show you why this is.

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I wanna give you a better example.

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This is a boring example.

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Let me see, maybe the chance will be better.

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Yeah, that's a better example.

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It's easier to see, okay.

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All right, do you see right over here in this field here,

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the design search code?

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See that?

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It says shields or crests for figurative elements

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contained therein or superimposed thereon.

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It's kind of laying out exactly what that,

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what this thing here is.

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It's kind of telling you how they're searching

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for that term, right?

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The examiner, how's this search,

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how's he actually going to search for that term?

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Now, there's another field that is actually really helpful

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is under here.

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See the terminology description of mark.

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Do you see that?

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I just highlighted it.

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Let me make it bigger so everybody can see it.

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All right, do you see that right there?

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Description of mark, right?

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Okay, anytime you file a trademark application,

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you remember from day number two,

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when you file a trademark application,

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if you file it on the design,

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you have to describe it, okay?

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So if you actually search for the word

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in the description of the trademark,

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you can actually find the results as logos.

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Does that make sense?

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Let me say it again.

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I'll say it slower, okay?

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When you file a trademark application,

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you have to describe the logo.

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If you actually do a new trademark application,

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if I went back right now,

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let me shrink my screen a little bit,

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minus, minus, minus.

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Go back here, go to trademarks, apply online.

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And let's say I was going to file a brand new application.

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I'm not gonna do the whole thing for you,

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but once you click that button and you register,

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you'll come up to a screen that says My USPTO.

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You'll log in with your government account

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and you'll enter in your USPTO info.

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Once you do that, you'll get a pass,

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you'll enter in your password

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and then your cell phone old thing,

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or you'll get an email, you do all that.

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Once you've gone through all of that,

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you're gonna fill out a new trademark application.

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Once you fill out your new trademark application,

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one of the fields in there is going to be

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for you to actually enter a description of your trademark.

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Does everybody remember that?

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Or do you want me to show you

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how to follow the trademark application again

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and show you where to enter that field?

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You remember that?

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So when you file the application,

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it says enter description of trademark, right?

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That's all it says.

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And so you just type in a swoosh,

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or you say, like, if it's a crown,

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you'd say a crown, right?

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You just type it in.

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You just describe what your logo looks like.

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So let's do Mary's example.

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Unmute Mary, let me unmute Mary.

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So let's go to Mary's example.

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All right, so Mary, what's your,

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is it Innovative Therapy again?

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Innovative Therapy PC.

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The attorney told me I had to use PC all the time.

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You don't, but anyways, that's all right.

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Okay, so, all right, so this is,

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let me share the screen here,

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just because this is gonna be hilarious

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to actually figure out.

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Let's see.

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So you stop, there you go, screen sharing.

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So there it is.

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So right here, we have Innovative Therapy.

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So now, here's that,

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the.

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Bodhi, right?

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So the Bodhi is inside of this,

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inside of the word innovative therapy PC.

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So if she were going to try to get a registration

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just for the Bodhi alone,

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like she would have to describe that.

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Okay, so now somebody tell me,

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would that be in the case, stop share screen,

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how would you describe that?

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Like type in the chat,

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how would you, Mary, you can't help.

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Cause this is yours, you know how to describe it,

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you did it right.

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So other people type in the chat,

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how would you describe,

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this would be a really good example for everybody

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cause you're going to have to do this with your own logos.

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So why not do it with somebody who actually,

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as you know, is doing this.

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So this, just the character there,

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how would you describe that character?

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When I use him is, I actually use him with the son

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cause it's supposed to represent.

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I'm just asking them how they describe

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the person reaching out, that's it.

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Okay.

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That's all.

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All right, so would that be in the case,

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people type in the chat.

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Let's see, human body.

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Wow, okay, let's see.

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Purple silhouette of human figure with one knee raised

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and one, who wrote that?

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Oh my gosh.

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That's like, I want that person to be my lawyer.

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Like, that was really good, that was like perfect.

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Image of body as representative of a letter, okay.

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Single color body with one arm reaching up to the sky

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and one knee lifted as though they are jumping

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to grab a star.

268
00:11:47.720 --> 00:11:49.520
All right, that's awesome.

269
00:11:49.520 --> 00:11:51.120
Yeah, these are good examples.

270
00:11:51.120 --> 00:11:51.960
Okay.

271
00:11:52.760 --> 00:11:57.520
So as we just kind of went through,

272
00:11:57.520 --> 00:11:59.160
you'll see there's a lot of different ways

273
00:11:59.160 --> 00:12:00.960
you can describe this thing, right?

274
00:12:00.960 --> 00:12:04.960
But I gotta say that the one of the,

275
00:12:05.880 --> 00:12:06.720
who's Angela, right?

276
00:12:06.720 --> 00:12:07.880
Was that the first one?

277
00:12:09.160 --> 00:12:10.000
There was one-

278
00:12:10.000 --> 00:12:10.840
You gotta look in the chat,

279
00:12:10.840 --> 00:12:12.400
Jill's got a pretty good one going on too.

280
00:12:12.400 --> 00:12:15.200
Single color body with one arm reaching up to the sky

281
00:12:15.200 --> 00:12:17.520
and one knee lifted as though they are jumping

282
00:12:17.520 --> 00:12:18.720
to grab a star.

283
00:12:18.720 --> 00:12:21.080
Yeah, what I would say is just remove the star thing,

284
00:12:21.720 --> 00:12:24.120
but I think that's because you see the sun in the picture.

285
00:12:24.120 --> 00:12:28.560
So in any case, if we were just going for the person there

286
00:12:28.560 --> 00:12:30.400
without that sun there,

287
00:12:30.400 --> 00:12:33.400
then I would say, yeah, absolutely, that nailed it.

288
00:12:33.400 --> 00:12:34.920
You know, I think what Jill said,

289
00:12:34.920 --> 00:12:37.440
nails it, just get rid of the star.

290
00:12:37.440 --> 00:12:40.680
But what I'm doing by showing you this is,

291
00:12:40.680 --> 00:12:44.840
there's a lot of different ways you can describe it, okay?

292
00:12:44.840 --> 00:12:46.000
Like there's a lot,

293
00:12:46.000 --> 00:12:48.680
we have a number of different people here

294
00:12:48.680 --> 00:12:49.880
and a number of you came out

295
00:12:49.880 --> 00:12:51.680
with really good descriptions.

296
00:12:51.680 --> 00:12:53.600
But I would say you don't,

297
00:12:53.600 --> 00:12:56.040
what you don't wanna do is make it so broad

298
00:12:56.040 --> 00:12:57.320
that you have no coverage,

299
00:12:57.320 --> 00:12:59.280
but you don't wanna make it so narrow

300
00:12:59.280 --> 00:13:01.160
that you have no coverage.

301
00:13:01.160 --> 00:13:05.640
So for that reason, like human body, that wouldn't work.

302
00:13:05.640 --> 00:13:07.800
I mean, that's gonna cover like basically everything

303
00:13:07.800 --> 00:13:11.040
from a dead body, you know, from CSI

304
00:13:12.040 --> 00:13:16.080
to like a person who's newly born to anything else.

305
00:13:16.080 --> 00:13:18.280
So it has to be more descriptive than that.

306
00:13:19.120 --> 00:13:21.200
But I really like this Angela's one,

307
00:13:21.200 --> 00:13:24.600
purple silhouette of human figure.

308
00:13:24.600 --> 00:13:27.720
And look, Mary, like she's got the gender neutral thing

309
00:13:27.720 --> 00:13:29.880
there, human figure, it doesn't say male or female.

310
00:13:29.880 --> 00:13:31.480
Look at that, she got it.

311
00:13:31.480 --> 00:13:33.960
With one knee raised and one arm up.

312
00:13:33.960 --> 00:13:35.360
So that's pretty good.

313
00:13:35.360 --> 00:13:38.920
All right, so with that, that's basically a description.

314
00:13:38.920 --> 00:13:42.120
So why did I walk us through that exercise?

315
00:13:42.120 --> 00:13:44.120
Let me explain to you why we did that.

316
00:13:44.960 --> 00:13:46.680
So I'm gonna stop sharing again

317
00:13:46.720 --> 00:13:48.320
and then share my screen again,

318
00:13:48.320 --> 00:13:50.000
just to make sure you all can see.

319
00:13:50.880 --> 00:13:54.680
Okay, let's go back to searching, trademarks, search.

320
00:13:55.920 --> 00:13:57.800
And when I go on, click on search

321
00:13:57.800 --> 00:14:00.400
and I click on word search.

322
00:14:00.400 --> 00:14:05.400
And let's just say, oh, crown, perfect example.

323
00:14:06.880 --> 00:14:09.880
There are so many crowns out there.

324
00:14:09.880 --> 00:14:11.600
So just description of mark.

325
00:14:13.600 --> 00:14:15.480
Design description would be good too.

326
00:14:16.480 --> 00:14:18.000
Yeah, cause it's a design mark.

327
00:14:18.000 --> 00:14:19.880
So if you select design description

328
00:14:19.880 --> 00:14:23.000
and put in the word crown,

329
00:14:24.000 --> 00:14:25.480
yeah, I knew there was gonna be a ton.

330
00:14:25.480 --> 00:14:26.480
Okay, all right.

331
00:14:28.080 --> 00:14:29.320
So let me just click one of them.

332
00:14:29.320 --> 00:14:30.160
All right, perfect.

333
00:14:30.160 --> 00:14:31.320
Okay, here we go.

334
00:14:31.320 --> 00:14:33.320
So let me show you what I did.

335
00:14:33.320 --> 00:14:35.560
I selected the word that describes

336
00:14:35.560 --> 00:14:37.280
what the logo looks like, right?

337
00:14:37.280 --> 00:14:39.320
So I said crown.

338
00:14:39.320 --> 00:14:40.320
And as you can imagine,

339
00:14:40.320 --> 00:14:43.200
there's like so many trademarks on crowns.

340
00:14:43.200 --> 00:14:44.960
There's a ridiculous number of them.

341
00:14:45.440 --> 00:14:48.000
So you're gonna have to be more precise than a crown.

342
00:14:48.000 --> 00:14:49.640
But if you wanna kind of determine

343
00:14:49.640 --> 00:14:51.120
whether or not you potentially infringe

344
00:14:51.120 --> 00:14:52.840
and you type crown,

345
00:14:52.840 --> 00:14:55.520
then anything that has a crown should pop up.

346
00:14:55.520 --> 00:14:56.360
All right.

347
00:14:56.360 --> 00:14:58.880
Now remember, just like I told you from day one,

348
00:14:58.880 --> 00:15:00.200
do not rely upon.

349
00:15:00.000 --> 00:15:06.080
your own searches, what I would do is I would do your own searches to knock out things that are

350
00:15:06.080 --> 00:15:11.600
obviously not good. You know, that's easy. Like, so if you have 10 potential trademarks or 10

351
00:15:11.600 --> 00:15:16.880
potential logos, and you search for crown and you go, Oh my gosh, there's like 40,000 trademarks

352
00:15:16.880 --> 00:15:21.680
with crowns in them. Nevermind, I'm not going for crowns. You know, that just tells you, you just

353
00:15:21.680 --> 00:15:27.200
saved yourself the money of going to a lawyer and saying, Hey, would you search for this crown?

354
00:15:27.200 --> 00:15:30.640
It's like, you know, you're like, all right, nevermind. Let's look for something else.

355
00:15:30.640 --> 00:15:35.840
Right. So that that's done. But what you don't do is you don't do a search here and then say,

356
00:15:35.840 --> 00:15:39.680
well, I couldn't find it. Therefore it must be clear. You're not an expert in the field.

357
00:15:41.200 --> 00:15:50.560
Right. Like just, just because like, you know, how to take cold medicine doesn't mean that if,

358
00:15:50.560 --> 00:15:55.440
if you have like 106 fever, you're just like, Oh, I'll just take cold medicine. It's like,

359
00:15:55.440 --> 00:16:00.800
no, there's something wrong. You should see an expert. Right. So there's a difference. His name's

360
00:16:00.800 --> 00:16:08.080
Jesus. But anyways what I would do is I would make sure that if you do your first top level search

361
00:16:08.880 --> 00:16:13.760
and it looks clear, if you're searching for multiple things, narrow it down to ones that

362
00:16:13.760 --> 00:16:18.000
look like they're good. And then bring that to your attorney to make sure that they know

363
00:16:18.000 --> 00:16:22.160
what they're, that they're clearing it for you. That's going to serve you for multiple reasons.

364
00:16:22.160 --> 00:16:27.600
One is it's going to make it. So you, you feel more confident that you're known and friends,

365
00:16:27.600 --> 00:16:31.040
but the second one is you're relying upon the legal opinion of an attorney.

366
00:16:31.040 --> 00:16:34.720
So if somebody comes out and said, you willfully infringe my trademark,

367
00:16:34.720 --> 00:16:40.640
you just show them the letter from your lawyer. You say, no, my lawyer said that I did not

368
00:16:40.640 --> 00:16:46.480
infringe. So maybe I do infringe, but I can't possibly willful infringe. If I was following

369
00:16:46.480 --> 00:16:54.960
the instruction of an expert, like, how do you say that myself as a commonplace individual who

370
00:16:54.960 --> 00:17:00.240
does not understand trademark law, like a lawyer who relied upon the opinion of a lawyer, how do

371
00:17:00.240 --> 00:17:06.640
you say that I willfully infringed? If I relied upon the opinion of an expert, that doesn't make

372
00:17:06.640 --> 00:17:12.000
sense. And that will get you out of that'll typically get you out of the situation where

373
00:17:12.000 --> 00:17:17.359
you're, you're looking at willful infringement, you know, it'll change it to, yeah, maybe you are

374
00:17:17.359 --> 00:17:22.000
infringing, but again, now you're not looking at paying attorney's fees of the other party.

375
00:17:22.000 --> 00:17:28.560
You're not potentially paying treble damages for infringement because you relied upon the,

376
00:17:28.560 --> 00:17:35.200
the opinion of an expert. Okay. So I typed in the word crown. Then I looked up design description.

377
00:17:35.200 --> 00:17:40.160
Why did I look up design description? Cause every single person that files a trademark on a logo

378
00:17:40.880 --> 00:17:47.920
is going to have to describe the logo. And it's kind of silly. If you, if you do a trademark

379
00:17:47.920 --> 00:17:54.560
application for a crown for this, and you don't use the word crown, I mean, what are you going

380
00:17:54.560 --> 00:18:00.160
to say? Like a rectangular object, having pointed portions on the very top that can potentially be

381
00:18:00.160 --> 00:18:07.440
worn upon a person's head. Like now just say crown. Like, I mean, are there some people out

382
00:18:07.440 --> 00:18:12.080
there that might describe it the way I just said? Yup. And that's why you want to get a professional

383
00:18:12.080 --> 00:18:16.720
searcher also when you're ready to go forward, because they'll search, not just the word crown,

384
00:18:16.720 --> 00:18:21.760
they'll search anything that could potentially be interpreted to be a crown. Okay. And they're not

385
00:18:21.760 --> 00:18:26.640
just going to search for words. They actually have design codes so that all crowns are going

386
00:18:26.640 --> 00:18:34.400
to fall under a specific design search code. So you see over here crowns. So they they've got,

387
00:18:34.400 --> 00:18:39.760
there are codes for everything. When you actually file a trademark application,

388
00:18:39.760 --> 00:18:50.560
they categorize what you filed into a specific, a specific category. So they say crowns belong

389
00:18:50.560 --> 00:18:59.440
in this section, you know, like circles belong in that section. And so the, your professional

390
00:18:59.440 --> 00:19:03.280
searcher will know what section crowns are associated with, and they'll search for everything

391
00:19:03.280 --> 00:19:09.600
in that area. So even if the word crown was not in the description, which it is here, you'll see

392
00:19:09.600 --> 00:19:14.560
like description of mark color is not claimed. Remember how I told all of you, when you file

393
00:19:14.560 --> 00:19:18.720
your trademark applications, if you're using many different colors for your logos, I told you to

394
00:19:18.720 --> 00:19:26.320
file in what black and white, right? By doing black and white, you end up covering all the colors.

395
00:19:27.440 --> 00:19:31.920
I need to actually find, I actually said I was going to find that law for you. So let me see

396
00:19:31.920 --> 00:19:38.480
if I could find it and post it in the Facebook group. So you have that. Ray, can you DM me on

397
00:19:38.480 --> 00:19:43.120
that just so I don't forget right after I want to post that just to make sure I'm not making a,

398
00:19:43.120 --> 00:19:48.640
they didn't change the law on that. So nobody runs into issues. Okay. So the main point of all this,

399
00:19:49.200 --> 00:19:53.760
every single filing with the trademark office is going to have a description, use a word

400
00:19:54.640 --> 00:19:59.760
that is going to be a description of what you're going to use for a logo. If it's a crown,

401
00:20:00.000 --> 00:20:00.960
Type the word clown.

402
00:20:00.960 --> 00:20:03.560
If it's a swoosh, type the word swoosh.

403
00:20:03.560 --> 00:20:05.640
But just realize that the word that you're using

404
00:20:05.640 --> 00:20:07.880
may not be the word that everybody else uses.

405
00:20:08.920 --> 00:20:11.200
That's the problem.

406
00:20:11.200 --> 00:20:13.640
That's where, that's why it helps to actually

407
00:20:13.640 --> 00:20:16.160
have a professional to do the search

408
00:20:16.160 --> 00:20:19.360
because you may be in a situation

409
00:20:19.360 --> 00:20:22.280
where you actually don't realize

410
00:20:22.280 --> 00:20:25.200
that the word that you're using to search

411
00:20:25.200 --> 00:20:27.320
is not the word that somebody else used

412
00:20:27.320 --> 00:20:28.840
and therefore it doesn't catch it.

413
00:20:28.840 --> 00:20:31.080
It's similar to like patent searches.

414
00:20:31.080 --> 00:20:32.320
You can do a patent search

415
00:20:32.320 --> 00:20:34.960
on the United States Patent and Trademark Office.

416
00:20:34.960 --> 00:20:37.240
And so you've got a brand new bicycle, right?

417
00:20:37.240 --> 00:20:39.840
And so you want to file a patent application on a bicycle.

418
00:20:39.840 --> 00:20:42.120
So you search for the word bicycle.

419
00:20:42.120 --> 00:20:44.200
The problem is that the guy who actually filed

420
00:20:44.200 --> 00:20:46.480
or the gal who filed the patent application on the bicycle

421
00:20:46.480 --> 00:20:48.520
didn't use the word bicycle.

422
00:20:48.520 --> 00:20:51.520
They use apparatus.

423
00:20:51.520 --> 00:20:54.680
They use a word like riding apparatus.

424
00:20:56.280 --> 00:20:57.240
Well, you're out of luck.

425
00:20:57.240 --> 00:20:59.040
You look for the word bicycle.

426
00:20:59.040 --> 00:21:01.120
It's the exact same thing that you created.

427
00:21:01.120 --> 00:21:04.160
You're potentially committing patent infringement

428
00:21:04.160 --> 00:21:07.160
but they didn't use the exact word that you listed.

429
00:21:07.160 --> 00:21:09.440
So therefore the result is that you could potentially

430
00:21:09.440 --> 00:21:12.240
infringe somebody else's intellectual property

431
00:21:12.240 --> 00:21:13.840
even though you didn't intend to.

432
00:21:13.840 --> 00:21:15.600
And you even did a search.

433
00:21:15.600 --> 00:21:18.680
This is why we use professionals in these areas.

434
00:21:18.680 --> 00:21:21.800
All right, so I'll give you the Thompson info.

435
00:21:21.800 --> 00:21:24.120
There is no such thing as a Thompson affiliate link.

436
00:21:24.120 --> 00:21:26.400
So I get nothing out of it except blessing you guys.

437
00:21:26.400 --> 00:21:28.000
So it's not about that, all right?

438
00:21:28.000 --> 00:21:29.960
So I want to make sure you guys don't get into trouble

439
00:21:29.960 --> 00:21:32.960
but you can by all means do these kinds of searches yourself.

440
00:21:32.960 --> 00:21:36.120
So find a description of what you're looking for

441
00:21:36.120 --> 00:21:37.840
and then search for that.

442
00:21:37.840 --> 00:21:40.160
Now, let me explain to you after you do a search

443
00:21:40.160 --> 00:21:42.360
why is it that there's a blank here?

444
00:21:43.280 --> 00:21:44.280
See this blank?

445
00:21:45.560 --> 00:21:47.440
You notice there's a blank there.

446
00:21:47.440 --> 00:21:48.840
There's a blank there.

447
00:21:48.840 --> 00:21:50.760
There's a blank there.

448
00:21:50.760 --> 00:21:52.160
There's a blank there.

449
00:21:52.160 --> 00:21:55.000
Okay, so there's a reason why the blanks are there.

450
00:21:55.960 --> 00:21:57.000
All right, and the reason why

451
00:21:57.000 --> 00:21:58.560
is when you click on those trademarks,

452
00:21:58.560 --> 00:22:01.200
you see there's no words, right?

453
00:22:01.200 --> 00:22:05.360
So I click on this trademark, no word, right?

454
00:22:05.360 --> 00:22:09.680
I click on this trademark, no word, right?

455
00:22:11.120 --> 00:22:12.640
So this says, I'm assuming this is a bee

456
00:22:12.640 --> 00:22:13.880
that's wearing a crown.

457
00:22:15.040 --> 00:22:20.040
So let's just see if you look at the description of the mark.

458
00:22:22.520 --> 00:22:24.200
Oh, there's a really good example here.

459
00:22:24.240 --> 00:22:27.000
All right, so this is description that was,

460
00:22:27.000 --> 00:22:29.680
can you guys see the bee on the screen?

461
00:22:29.680 --> 00:22:31.880
Yeah, okay, let me make it a little bigger.

462
00:22:34.080 --> 00:22:36.760
All right, this is a bee that was filed.

463
00:22:36.760 --> 00:22:40.000
It's an intent to use application, see section 1B.

464
00:22:41.360 --> 00:22:44.480
It was filed September 8th, 2021.

465
00:22:45.880 --> 00:22:48.440
But when they filed the trademark application, look at this.

466
00:22:48.440 --> 00:22:52.760
Look how down here, the colors, yellow, orange, brown,

467
00:22:52.760 --> 00:22:55.240
blah, blah, blah, blah, blah, right?

468
00:22:55.240 --> 00:22:56.640
You see right here where it says,

469
00:22:56.640 --> 00:22:59.240
the bee wears a gold, what?

470
00:22:59.240 --> 00:23:02.640
Crown, see, there's a word crown.

471
00:23:02.640 --> 00:23:05.920
And then on top of that, you'll see that the searcher,

472
00:23:05.920 --> 00:23:07.240
when they did a search,

473
00:23:07.240 --> 00:23:10.480
they use the class associated with crowns.

474
00:23:10.480 --> 00:23:12.000
So that's why it came up.

475
00:23:12.000 --> 00:23:15.040
But since there is no word in the trademark,

476
00:23:15.040 --> 00:23:16.760
when you actually look at the results,

477
00:23:16.760 --> 00:23:19.280
you just see a blank space.

478
00:23:19.280 --> 00:23:20.800
That's all that means.

479
00:23:20.800 --> 00:23:25.520
It just means that the trademark itself

480
00:23:25.520 --> 00:23:26.800
does not include words.

481
00:23:26.800 --> 00:23:28.480
The logo does not include words.

482
00:23:29.480 --> 00:23:32.280
So all of these other ones,

483
00:23:33.400 --> 00:23:35.260
let's pick one that's not offensive.

484
00:23:37.240 --> 00:23:41.960
Let's go with ALM culture.

485
00:23:41.960 --> 00:23:43.240
Let's see what that is.

486
00:23:43.240 --> 00:23:44.640
All right, there you go.

487
00:23:44.640 --> 00:23:49.300
So for ALM culture, make this one bigger.

488
00:23:51.520 --> 00:23:53.120
There's the trademark.

489
00:23:53.120 --> 00:23:55.800
You see the crown, there's the crown.

490
00:23:55.800 --> 00:23:59.560
But look next to it, ALM culture, do you see that?

491
00:23:59.560 --> 00:24:01.600
That's why in the search results,

492
00:24:01.600 --> 00:24:05.440
you actually saw ALM culture right there.

493
00:24:06.700 --> 00:24:09.840
It's not because the logo is ALM culture,

494
00:24:09.840 --> 00:24:14.840
it's because the word ALM culture is in the logo, all right?

495
00:24:14.940 --> 00:24:18.180
So you can actually do a search.

496
00:24:19.180 --> 00:24:21.620
Let me shrink this down again.

497
00:24:21.620 --> 00:24:24.380
You can actually do a search and then find,

498
00:24:24.380 --> 00:24:27.220
what you'll find is that here's the logo,

499
00:24:27.220 --> 00:24:28.900
but oh, there's other words there.

500
00:24:28.900 --> 00:24:30.180
So what should that mean to you?

501
00:24:30.180 --> 00:24:34.020
That should mean you should actually be looking and saying,

502
00:24:34.020 --> 00:24:37.540
okay, well, am I using Aegean also, right?

503
00:24:37.540 --> 00:24:41.080
Because while it's a logo filing, it uses certain words.

504
00:24:41.080 --> 00:24:44.120
So there may be certain words that they own.

505
00:24:45.120 --> 00:24:48.680
So if you're looking for, if you see Aegean cuisine

506
00:24:49.600 --> 00:24:51.480
and there's a crown in there somewhere, right?

507
00:24:51.480 --> 00:24:54.440
This, I guess they're calling this wreath thing as a crown.

508
00:24:55.240 --> 00:24:58.040
So then you wanna ask yourself, when you look and you say,

509
00:24:58.040 --> 00:25:00.360
oh, well, I don't have an issue with the wreath.

510
00:25:00.000 --> 00:25:02.260
You might actually be using the word agent.

511
00:25:02.260 --> 00:25:04.860
If you are, just make sure that, you know,

512
00:25:04.860 --> 00:25:07.580
you don't potentially infringe, same thing.

513
00:25:07.580 --> 00:25:10.020
But I'm gonna use this as an example

514
00:25:10.020 --> 00:25:11.420
to tell you one more thing.

515
00:25:11.420 --> 00:25:13.220
And then I think we're gonna close.

516
00:25:14.420 --> 00:25:17.220
I'll answer like, I'll answer a few questions on logos.

517
00:25:17.220 --> 00:25:20.600
See if anybody has any, okay.

518
00:25:20.600 --> 00:25:25.600
So if this person filed for just a design mark, right?

519
00:25:30.980 --> 00:25:35.220
Then it would not say underneath it, wordmark.

520
00:25:35.220 --> 00:25:36.660
You see how it says wordmark?

521
00:25:38.700 --> 00:25:42.000
So that means they actually use this logo

522
00:25:42.000 --> 00:25:43.780
that they've filed with a filing

523
00:25:43.780 --> 00:25:45.760
for the words, Aegean cuisine.

524
00:25:47.220 --> 00:25:49.440
Okay, cause it's listing Aegean cuisine.

525
00:25:52.220 --> 00:25:54.500
So there's a word component

526
00:25:54.500 --> 00:25:57.880
and there may be a design component to your trademark.

527
00:26:00.540 --> 00:26:02.260
That's something that's really important

528
00:26:02.260 --> 00:26:04.060
for you to understand, right?

529
00:26:04.060 --> 00:26:06.060
There can be a word component

530
00:26:06.060 --> 00:26:07.620
and there could be a design component

531
00:26:07.620 --> 00:26:09.060
to your single trademark.

532
00:26:10.040 --> 00:26:14.060
If you want to stop others from using the words,

533
00:26:14.060 --> 00:26:16.300
you wanna file a wordmark.

534
00:26:17.300 --> 00:26:20.580
You wanna stop people from using the logo,

535
00:26:20.580 --> 00:26:24.040
you wanna file a design mark.

536
00:26:25.300 --> 00:26:26.980
They're two different things.

537
00:26:27.960 --> 00:26:31.840
So I wanna see if I can find you a good example

538
00:26:34.800 --> 00:26:39.800
of one that, okay, yeah, there's a good example.

539
00:26:40.320 --> 00:26:41.680
There's a good example.

540
00:26:41.680 --> 00:26:45.940
All right, can everybody see this cauldron ceramics?

541
00:26:47.320 --> 00:26:50.200
Okay, the words cauldron ceramics

542
00:26:50.200 --> 00:26:52.160
really have nothing to do with the design.

543
00:26:52.160 --> 00:26:53.640
I mean, when you look at this logo,

544
00:26:53.700 --> 00:26:57.060
you're like, who cares about the words?

545
00:26:57.060 --> 00:27:00.100
It's really about the crown there

546
00:27:00.100 --> 00:27:01.620
and all this other stuff that's there.

547
00:27:01.620 --> 00:27:03.640
The words really have nothing to do with it.

548
00:27:03.640 --> 00:27:08.220
So if cauldron ceramics files a design mark

549
00:27:10.220 --> 00:27:13.320
on this image, all right?

550
00:27:13.320 --> 00:27:15.500
Actually, I'm gonna correct something for you in a second.

551
00:27:15.500 --> 00:27:17.980
So they file a design mark on this image

552
00:27:17.980 --> 00:27:20.980
and then somebody goes and they use cauldron ceramics.

553
00:27:20.980 --> 00:27:22.500
It's gonna be more difficult for them

554
00:27:22.500 --> 00:27:23.960
to enforce their rights against others

555
00:27:23.960 --> 00:27:25.400
because they own a design.

556
00:27:25.400 --> 00:27:27.460
They don't own the word mark, right?

557
00:27:27.460 --> 00:27:32.260
Now, arguably the words are part of the design, okay?

558
00:27:32.260 --> 00:27:34.160
So I just wanna show you something

559
00:27:34.160 --> 00:27:35.900
that the USPTO did recently.

560
00:27:35.900 --> 00:27:37.500
You see here where it says word mark.

561
00:27:37.500 --> 00:27:41.000
So a moment ago, I just told you that if it says word mark,

562
00:27:41.000 --> 00:27:44.240
they don't, this is actually a filing just for the words.

563
00:27:45.300 --> 00:27:47.620
They changed the way that they post it.

564
00:27:47.620 --> 00:27:49.160
That's not the case.

565
00:27:49.160 --> 00:27:51.340
Cause I just looked at a few different examples

566
00:27:51.340 --> 00:27:53.660
and it's confirming what I kind of thought they did.

567
00:27:53.660 --> 00:27:56.940
So on the USPTO website,

568
00:27:58.340 --> 00:28:01.000
anytime that it's saying word mark,

569
00:28:01.000 --> 00:28:04.380
that does not mean that they filed for a word mark.

570
00:28:04.380 --> 00:28:07.780
And I can tell, I'm gonna prove it to you in a second.

571
00:28:07.780 --> 00:28:10.140
I can tell it's because they're filling that field up

572
00:28:10.140 --> 00:28:11.380
every single time.

573
00:28:11.380 --> 00:28:14.340
Like it's anytime there's a word there, they're typing it in.

574
00:28:14.340 --> 00:28:18.060
So what they're actually doing is,

575
00:28:18.060 --> 00:28:20.340
let me shrink this down.

576
00:28:20.340 --> 00:28:21.840
I'm gonna bring this all home in a second,

577
00:28:21.840 --> 00:28:24.820
but let me explain to you what's going on.

578
00:28:24.820 --> 00:28:28.940
They're under the word mark category here for the filing.

579
00:28:28.940 --> 00:28:30.720
What they're doing is they're saying

580
00:28:30.720 --> 00:28:32.860
if there's any word anywhere, they're typing it there.

581
00:28:32.860 --> 00:28:34.820
That's all they're doing.

582
00:28:34.820 --> 00:28:36.820
So while you and I would think, all right,

583
00:28:36.820 --> 00:28:40.060
a word mark means a trademark filing for a word.

584
00:28:40.060 --> 00:28:41.280
That's not what they're doing.

585
00:28:41.280 --> 00:28:42.700
That is not what they're doing.

586
00:28:42.700 --> 00:28:44.220
They're just, all they're doing,

587
00:28:44.220 --> 00:28:46.500
I can tell on the USPTO website,

588
00:28:46.500 --> 00:28:49.340
is they're saying, are there words?

589
00:28:49.340 --> 00:28:50.660
Yep, okay, type them.

590
00:28:50.660 --> 00:28:52.660
That's what they're doing.

591
00:28:52.660 --> 00:28:57.660
Because if you go down to the description of the mark,

592
00:29:00.020 --> 00:29:01.180
this is a design.

593
00:29:01.180 --> 00:29:02.380
This is all design.

594
00:29:02.380 --> 00:29:05.580
It's describing the mark itself.

595
00:29:05.580 --> 00:29:10.220
If it was just a word, then it should just say the word.

596
00:29:11.140 --> 00:29:14.620
And so let's go in and just confirm

597
00:29:14.620 --> 00:29:16.260
if that's the case or not.

598
00:29:16.260 --> 00:29:18.460
Because this is something that they've been doing,

599
00:29:18.620 --> 00:29:20.140
which is kind of confusing for people.

600
00:29:20.140 --> 00:29:22.940
So I'm gonna look at their actual trademark application.

601
00:29:24.180 --> 00:29:25.180
So let's see.

602
00:29:28.340 --> 00:29:30.340
Yep, see, this proves it.

603
00:29:31.300 --> 00:29:32.140
This proves it.

604
00:29:32.140 --> 00:29:34.140
Okay, so they filed a tease.

605
00:29:34.140 --> 00:29:36.200
Let me make this bigger so everybody can see it.

606
00:29:36.200 --> 00:29:38.560
This is their actual trademark application.

607
00:29:40.060 --> 00:29:41.900
And this proves what I just told you.

608
00:29:43.500 --> 00:29:44.820
The mark itself.

609
00:29:44.820 --> 00:29:45.660
Here's the mark.

610
00:29:45.660 --> 00:29:48.020
See, this is the trademark filing itself.

611
00:29:48.060 --> 00:29:50.380
That's the trademark filing itself.

612
00:29:50.380 --> 00:29:53.340
It's the actual logo itself.

613
00:29:53.340 --> 00:29:55.340
That's their filing, okay?

614
00:29:55.340 --> 00:29:58.960
And then when it says special form, it says yes.

615
00:29:58.960 --> 00:30:00.260
Why is it a special form?

616
00:30:00.000 --> 00:30:05.200
because it's the design all right and so and then when you go to description of the mark

617
00:30:05.760 --> 00:30:11.360
it's giving you a description of the design it's telling you that color is not an element and

618
00:30:11.360 --> 00:30:15.120
that's what i would suggest for all of you if you're using it in color just follow it without

619
00:30:15.120 --> 00:30:19.600
colors because if you make colors claim somebody uses a different color they may argue that it's

620
00:30:19.600 --> 00:30:23.760
not trademark infringement i'm not saying that they'll win i'm just saying that it's that's

621
00:30:23.760 --> 00:30:31.920
what they'll argue um let's go down here look and see what else they have in the filing

622
00:30:33.520 --> 00:30:39.680
you can see exactly who their attorney is the law firm the phone number to call their email address

623
00:30:40.640 --> 00:30:44.800
you can see who the applicant is if the lawyer didn't list their info

624
00:30:46.560 --> 00:30:52.400
you can find all sorts of information on that form so if you if you have a certain trademark

625
00:30:52.400 --> 00:30:55.600
and you see that there's somebody else has something similar and you want to reach out to

626
00:30:55.600 --> 00:31:00.480
them which i wouldn't suggest doing without an attorney but if you did do that you can all their

627
00:31:00.480 --> 00:31:07.200
contact information is there so what i was basically just showing you is that if you do a

628
00:31:07.200 --> 00:31:14.400
trademark search yeah it's good all right so if you do a trademark search let me stop sharing and

629
00:31:14.400 --> 00:31:22.800
then share my screen again and take you back to the beginning just to make sure everybody

630
00:31:22.800 --> 00:31:29.440
understands what i'm doing here okay if you do a basics trademark search search trademarks

631
00:31:30.160 --> 00:31:37.280
search second link type in whatever the the thing is that you're looking for so let's say like

632
00:31:37.280 --> 00:31:46.080
lightning light lightning is it lightning lightning or yeah lightning right that's it

633
00:31:46.080 --> 00:31:53.360
yep okay and then i go i go down to description of mark or i could go to design description either

634
00:31:53.360 --> 00:31:58.560
one um i'm going to go to design description because that's the logo itself and submit

635
00:31:59.440 --> 00:32:04.240
then i click on it there's lightning how in the world did you get a trademark for that

636
00:32:04.240 --> 00:32:05.440
is this a registration

637
00:32:08.000 --> 00:32:13.680
they own lightning a lightning bolt that means they relied upon another trademark to get it

638
00:32:16.320 --> 00:32:18.080
wow does these guys get a registration

639
00:32:20.880 --> 00:32:26.640
it's registered wow so they own a lightning on clothing are you kidding me

640
00:32:29.520 --> 00:32:33.600
yeah i have to dig into this one figure out how they actually did that but for some reason these

641
00:32:33.600 --> 00:32:40.080
guys have a lightning on clothing wow loading bolt that's amazing um so anyways you just type

642
00:32:40.080 --> 00:32:47.520
in the word and that describes what's actually within your logo you just type it into the field

643
00:32:48.960 --> 00:32:55.600
and you select for the field design description that's it okay now just realize again it's not

644
00:32:55.600 --> 00:32:59.120
bulletproof this isn't bulletproof why is it not bulletproof somebody might not use the word

645
00:32:59.120 --> 00:33:07.280
lightning like what if instead of saying lightning they typed in bolt right which is possible

646
00:33:07.280 --> 00:33:17.680
or they typed in like electricity right so you're really trying to trying to find the right word but

647
00:33:17.680 --> 00:33:23.360
if you're doing things on your own and you can knock out some of the results that's great because

648
00:33:23.360 --> 00:33:28.880
then you're decreasing what you actually have to bring to your attorney right but if i search for

649
00:33:28.880 --> 00:33:36.880
electricity i bet you the lightning bolts there see there it is you know did you see that i just

650
00:33:36.880 --> 00:33:42.640
searched for the word electricity instead of lightning bolt and it came up anyway somebody

651
00:33:42.640 --> 00:33:53.200
unmute themselves and tell me why why was i able to type in electricity and get the same result as

652
00:33:53.200 --> 00:33:58.720
if i typed in lightning bolt the design search code has electricity and lightning and sparks

653
00:34:01.440 --> 00:34:09.120
it's the design search code that's right mary the design search code for 1.15.2

654
00:34:09.120 --> 00:34:17.520
covers electricity and lightning so for that reason when you type lightning it came up when

655
00:34:17.520 --> 00:34:23.360
you type electricity it came up but you know so this is this is a great way for you to actually do

656
00:34:23.360 --> 00:34:29.600
some searches yourself and see what's out there hopefully you don't get 16 000 results when you

657
00:34:29.600 --> 00:34:35.360
search for your word um so you can decrease but but the whole point being is you're decreasing

658
00:34:35.360 --> 00:34:38.400
the number of things that you have to bring to your attorney which is going to make your life a

659
00:34:38.400 --> 00:34:43.280
lot easier but then when you bring stuff to your attorney you've already done some of the top level

660
00:34:43.280 --> 00:34:52.400
review so you're just digging into what's important okay all right questions about logo

661
00:34:52.400 --> 00:34:58.240
searching logo searching is very different any questions about logo searching

662
00:34:59.600 --> 00:34:59.840
do you

663
00:35:00.000 --> 00:35:03.200
See how you can mess up in a trademark search for a logo?

664
00:35:04.640 --> 00:35:06.840
Like you might use the wrong word.

665
00:35:06.840 --> 00:35:09.920
You might do, Mary will be the first person to ask questions

666
00:35:09.920 --> 00:35:12.920
and for each person, I'll give you like two minutes

667
00:35:14.120 --> 00:35:15.640
because it's Saturday.

668
00:35:15.640 --> 00:35:18.440
Everybody should be able to go and do other things, right?

669
00:35:18.440 --> 00:35:22.920
So Larissa, you're trying to speak, what's up?

670
00:35:23.920 --> 00:35:25.480
There are a couple of quick ones in the chat.

671
00:35:25.480 --> 00:35:26.320
I didn't know which one-

672
00:35:26.320 --> 00:35:27.880
I'll get to them after I get to Mary, okay?

673
00:35:27.880 --> 00:35:28.720
Okay.

674
00:35:28.720 --> 00:35:33.720
So the point being that you want to decrease

675
00:35:34.720 --> 00:35:37.080
the number of things you have to bring to your attorney.

676
00:35:37.080 --> 00:35:38.120
You want to be prepared

677
00:35:38.120 --> 00:35:39.920
and you want to have everything together

678
00:35:39.920 --> 00:35:42.600
so that you present it to your attorney, right?

679
00:35:42.600 --> 00:35:44.360
So if you've already knocked out, again,

680
00:35:44.360 --> 00:35:45.920
you've knocked out seven of the results,

681
00:35:45.920 --> 00:35:47.400
you bring them three.

682
00:35:47.400 --> 00:35:49.960
Now they're just digging into the three

683
00:35:49.960 --> 00:35:52.640
or you can actually hire the professional searching company

684
00:35:52.640 --> 00:35:53.720
for just the three

685
00:35:53.720 --> 00:35:56.120
because Thomson Reuters will charge you 700 bucks.

686
00:35:56.160 --> 00:35:59.800
I think it's around 700 bucks to do a professional search.

687
00:35:59.800 --> 00:36:02.560
It's not cheap, but it's really good.

688
00:36:02.560 --> 00:36:03.760
They do a really good job.

689
00:36:03.760 --> 00:36:05.760
Like they will get you-

690
00:36:05.760 --> 00:36:07.360
Somebody here lives right down the street

691
00:36:07.360 --> 00:36:08.440
from Thomson Reuters.

692
00:36:08.440 --> 00:36:09.280
Who is it?

693
00:36:09.280 --> 00:36:10.240
I don't know who it is.

694
00:36:10.240 --> 00:36:11.080
Is it you, Mary?

695
00:36:11.080 --> 00:36:13.560
Mary lives right down the street from Thomson Reuters.

696
00:36:13.560 --> 00:36:15.600
And it's like, she tells me it's even hard

697
00:36:15.600 --> 00:36:16.440
to get in the building.

698
00:36:16.440 --> 00:36:18.320
I have high security and everything, you know,

699
00:36:18.320 --> 00:36:20.320
because that place, like they know what they're doing.

700
00:36:20.320 --> 00:36:22.120
They're like one of the best in the world

701
00:36:22.120 --> 00:36:23.560
at doing trademark searches,

702
00:36:23.560 --> 00:36:26.200
but they charge you like 700 bucks.

703
00:36:26.200 --> 00:36:30.200
So the result is you're gonna get the state registrations,

704
00:36:30.200 --> 00:36:31.440
the federal registrations,

705
00:36:31.440 --> 00:36:34.920
any countries that you specifically designate.

706
00:36:34.920 --> 00:36:37.720
They will give you corporate name formations.

707
00:36:37.720 --> 00:36:39.880
They'll give you domain names.

708
00:36:39.880 --> 00:36:41.960
They'll give you websites.

709
00:36:41.960 --> 00:36:46.040
Like you're gonna get a book that's like that thick, okay?

710
00:36:46.040 --> 00:36:49.160
And you can see exactly who is using that name.

711
00:36:49.160 --> 00:36:50.360
All right, Mary, you're on.

712
00:36:50.360 --> 00:36:51.520
Two minutes, my friend.

713
00:36:52.520 --> 00:36:54.440
What is your question?

714
00:36:55.400 --> 00:36:58.520
My top level question is,

715
00:36:58.520 --> 00:37:02.320
you've got the reaching person, which is what I call him.

716
00:37:02.320 --> 00:37:03.160
Yeah.

717
00:37:03.160 --> 00:37:04.680
And then you've got the reaching person

718
00:37:04.680 --> 00:37:06.880
as the I in innovative therapy.

719
00:37:06.880 --> 00:37:07.720
Right.

720
00:37:07.720 --> 00:37:12.720
Are those two separate designs?

721
00:37:13.360 --> 00:37:15.840
Do I need to trademark them as two separate designs?

722
00:37:15.840 --> 00:37:18.040
I do use them separately.

723
00:37:18.040 --> 00:37:20.720
Oh, well, that answered your question.

724
00:37:20.760 --> 00:37:23.840
What you just said, the second part answered your question.

725
00:37:23.840 --> 00:37:26.200
So if you use them separately, the answer is yes.

726
00:37:26.200 --> 00:37:28.560
Then you wanna go after each one separately.

727
00:37:28.560 --> 00:37:30.520
The reason why is if somebody,

728
00:37:30.520 --> 00:37:34.680
if I had the Bodhi and I use that separately

729
00:37:34.680 --> 00:37:36.840
and then somebody else used it,

730
00:37:36.840 --> 00:37:39.880
I'd be upset about that because I created the Bodhi.

731
00:37:39.880 --> 00:37:41.640
Like that's mine.

732
00:37:41.640 --> 00:37:43.200
I don't want people using that.

733
00:37:43.200 --> 00:37:45.720
Look, it looks like kind of like an I, right?

734
00:37:45.720 --> 00:37:49.320
And so they can use it as an I in any other word.

735
00:37:49.320 --> 00:37:50.920
And I'd be like, hold it, that's my Bodhi.

736
00:37:50.920 --> 00:37:52.880
You don't get to like use that.

737
00:37:52.880 --> 00:37:54.120
That's mine.

738
00:37:54.120 --> 00:37:56.240
And then separate from that,

739
00:37:56.240 --> 00:37:58.200
I'm actually using it alone as well.

740
00:37:58.200 --> 00:38:01.080
So I would actually file a trademark for the Bodhi alone.

741
00:38:01.080 --> 00:38:03.600
And then I would file a trademark for the Bodhi

742
00:38:03.600 --> 00:38:04.960
in the innovation therapy.

743
00:38:04.960 --> 00:38:06.040
I would do both.

744
00:38:06.040 --> 00:38:07.600
That's what I would do personally.

745
00:38:07.600 --> 00:38:08.440
Yeah.

746
00:38:08.440 --> 00:38:10.360
Second level question really fast.

747
00:38:10.360 --> 00:38:13.320
I have Bodhi, the artist has drawn him for me

748
00:38:13.320 --> 00:38:15.960
in at least a hundred different body positions

749
00:38:15.960 --> 00:38:18.360
because he becomes your instructor

750
00:38:18.360 --> 00:38:20.880
using the worksheets to go through my system.

751
00:38:20.880 --> 00:38:21.840
That makes sense.

752
00:38:21.840 --> 00:38:25.560
So he's in lots of body positions besides reaching,

753
00:38:25.560 --> 00:38:27.680
although reaching is the iconic,

754
00:38:27.680 --> 00:38:28.640
you know, and you'd said,

755
00:38:28.640 --> 00:38:30.720
be sure you're trademarking your iconic.

756
00:38:30.720 --> 00:38:32.920
And so that's what I've had the artists do this week.

757
00:38:32.920 --> 00:38:36.440
But do I need to, I mean,

758
00:38:36.440 --> 00:38:39.120
trademarking him in every single body position.

759
00:38:39.120 --> 00:38:40.080
That's not possible.

760
00:38:40.080 --> 00:38:43.280
Is financially, there's no way I can do it.

761
00:38:43.280 --> 00:38:44.120
Absolutely.

762
00:38:44.120 --> 00:38:45.920
No, Mary raises a really good question.

763
00:38:45.920 --> 00:38:48.080
Hopefully everybody's listening to her.

764
00:38:48.840 --> 00:38:52.680
So what if the logo that you're using,

765
00:38:52.680 --> 00:38:54.760
you use in a lot of different positions,

766
00:38:54.760 --> 00:38:57.000
like a lot, like she does, right?

767
00:38:57.000 --> 00:38:59.320
It becomes basically an important character

768
00:39:00.280 --> 00:39:02.960
in all these different like scenarios and, you know,

769
00:39:02.960 --> 00:39:06.160
pointing here and doing that and like whatever else,

770
00:39:06.160 --> 00:39:07.400
right there do all these other things.

771
00:39:07.400 --> 00:39:11.400
So what I would do, I'll tell you what I would do,

772
00:39:11.400 --> 00:39:14.520
but in general,

773
00:39:15.520 --> 00:39:19.320
I would find the ones that are most prevalent, you know,

774
00:39:19.320 --> 00:39:20.880
cause it's, it's cost prohibitive.

775
00:39:20.880 --> 00:39:23.800
Like you can't, you can't basically say, all right,

776
00:39:23.800 --> 00:39:25.360
well, I have it in a hundred different positions.

777
00:39:25.360 --> 00:39:26.520
I'm going to follow a hundred trademarks.

778
00:39:26.520 --> 00:39:28.360
That just would be crazy.

779
00:39:28.360 --> 00:39:29.200
Yeah.

780
00:39:29.200 --> 00:39:30.040
Like that's just crazy expensive.

781
00:39:30.040 --> 00:39:33.120
So what I would do is I would find like the ones

782
00:39:33.120 --> 00:39:34.800
that are most prevalent, like, you know,

783
00:39:34.800 --> 00:39:36.840
on most of the documents,

784
00:39:36.840 --> 00:39:39.200
this position is happening, right.

785
00:39:39.200 --> 00:39:41.000
And another, and most of the other positions,

786
00:39:41.000 --> 00:39:44.760
you know, documents, it's like something else, right?

787
00:39:44.760 --> 00:39:45.920
Whatever it is.

788
00:39:45.920 --> 00:39:47.360
And so for that reason,

789
00:39:47.360 --> 00:39:50.400
I would find like maybe like the five most popular

790
00:39:50.400 --> 00:39:54.000
and then figure out my budget and file only for what I can,

791
00:39:54.000 --> 00:39:55.520
because remember the test,

792
00:39:55.520 --> 00:39:59.760
the test is likelihood of confusion, right?

793
00:40:00.000 --> 00:40:03.160
So if in my federal registration it's doing this,

794
00:40:03.160 --> 00:40:05.000
but somebody else has it doing this,

795
00:40:05.000 --> 00:40:06.640
I'm gonna say that's a likelihood of confusion.

796
00:40:06.640 --> 00:40:08.760
That's the same character.

797
00:40:08.760 --> 00:40:09.900
It's very similar.

798
00:40:09.900 --> 00:40:12.680
You just move the arm a little bit.

799
00:40:12.680 --> 00:40:16.040
So I'm gonna say that in the public's image,

800
00:40:16.040 --> 00:40:18.960
they're gonna see the bode that you have there.

801
00:40:18.960 --> 00:40:20.320
That's my bode.

802
00:40:20.320 --> 00:40:21.920
They're gonna say, no, no, no, no, no.

803
00:40:21.920 --> 00:40:24.120
There's a likelihood of confusion here.

804
00:40:24.120 --> 00:40:25.880
That's an issue.

805
00:40:25.880 --> 00:40:28.480
So I would find the ones that are most prevalent.

806
00:40:28.520 --> 00:40:30.520
I would get the protection on that

807
00:40:30.520 --> 00:40:33.280
because it's cost prohibitive to go after every single one.

808
00:40:33.280 --> 00:40:34.200
Although there are companies

809
00:40:34.200 --> 00:40:35.960
that do go after every single one.

810
00:40:35.960 --> 00:40:36.880
I would get the main ones.

811
00:40:36.880 --> 00:40:38.400
And if somebody starts using something

812
00:40:38.400 --> 00:40:41.360
that's kind of like ballpark similar,

813
00:40:41.360 --> 00:40:43.320
I'd still send them the letter

814
00:40:43.320 --> 00:40:44.720
after you speak to an attorney and say,

815
00:40:44.720 --> 00:40:48.300
hey, this is potential trademark infringement.

816
00:40:51.400 --> 00:40:53.760
I believe there's a likelihood of confusion

817
00:40:53.760 --> 00:40:55.800
in the public's eye as to the source of goods

818
00:40:55.800 --> 00:41:00.720
because you are using my trademark.

819
00:41:00.720 --> 00:41:02.760
You just move the arm a little bit.

820
00:41:02.760 --> 00:41:06.360
It's like same colors, same shape,

821
00:41:06.360 --> 00:41:10.540
same gender neutral, you know, John Travolta pose.

822
00:41:10.540 --> 00:41:11.380
I'm just kidding.

823
00:41:11.380 --> 00:41:14.080
So it's still the same thing, you know?

824
00:41:14.080 --> 00:41:17.160
So for that reason, that's why I would,

825
00:41:17.160 --> 00:41:18.640
I would take the most prevalent

826
00:41:18.640 --> 00:41:20.600
and then I would use those as ammunition

827
00:41:20.600 --> 00:41:22.720
to make people stay away from all the other stuff.

828
00:41:22.720 --> 00:41:24.320
All right, I go to the next one.

829
00:41:26.200 --> 00:41:28.440
Helene, you're up my friend.

830
00:41:28.440 --> 00:41:29.720
How are you?

831
00:41:29.720 --> 00:41:31.720
Hi, real quick.

832
00:41:31.720 --> 00:41:33.480
When you do the search

833
00:41:33.480 --> 00:41:37.880
and you see all of the blank fields

834
00:41:37.880 --> 00:41:39.560
and you click on them one by one,

835
00:41:39.560 --> 00:41:42.760
is there a way to get a list of thumbnails

836
00:41:42.760 --> 00:41:45.280
without having to click one by one?

837
00:41:45.280 --> 00:41:46.480
That's an awesome question.

838
00:41:46.480 --> 00:41:47.900
I've never seen that.

839
00:41:47.900 --> 00:41:49.900
I've never seen that.

840
00:41:49.900 --> 00:41:54.680
Thomson Reuters has a service called Sirion

841
00:41:55.640 --> 00:41:58.880
S-E-R-I-O-N, I think it's called,

842
00:41:58.880 --> 00:42:01.560
where you can do like a lower level search

843
00:42:01.560 --> 00:42:03.400
using the Thomson database.

844
00:42:03.400 --> 00:42:04.720
You can do the search yourself.

845
00:42:04.720 --> 00:42:05.980
I think it costs like,

846
00:42:07.520 --> 00:42:09.920
probably end up costing like 300 bucks or so.

847
00:42:09.920 --> 00:42:11.240
The problem though is that

848
00:42:11.240 --> 00:42:13.240
you might not use the right search terms,

849
00:42:13.240 --> 00:42:15.680
but when you do that, you do get a list.

850
00:42:15.680 --> 00:42:18.940
Like you're talking about with thumbnails and stuff,

851
00:42:18.940 --> 00:42:20.160
which is kind of helpful.

852
00:42:20.160 --> 00:42:24.120
Like, but every one of the trademarks

853
00:42:24.520 --> 00:42:25.560
that you wanna get more data on,

854
00:42:25.560 --> 00:42:28.440
you actually have to pay a fee for every one.

855
00:42:28.440 --> 00:42:32.200
So it can be cost prohibitive,

856
00:42:33.080 --> 00:42:35.840
but the USPTO website, I wish they would do that.

857
00:42:35.840 --> 00:42:37.840
That would be amazing.

858
00:42:39.820 --> 00:42:41.320
That would be truly amazing,

859
00:42:41.320 --> 00:42:45.480
but I've never seen that feature available.

860
00:42:45.480 --> 00:42:49.160
Let me just look and see if I click this here.

861
00:42:49.160 --> 00:42:53.160
Yeah, they don't have anything like that.

862
00:42:53.160 --> 00:42:54.220
I wish they did.

863
00:42:55.640 --> 00:42:56.480
Oh, hold it.

864
00:42:56.480 --> 00:42:57.780
Wait, what is this button?

865
00:42:57.780 --> 00:42:58.620
Image list.

866
00:42:59.880 --> 00:43:03.520
Ooh, ooh, hold on.

867
00:43:04.520 --> 00:43:05.840
Oh, okay, hold on.

868
00:43:05.840 --> 00:43:07.060
I'm sharing this.

869
00:43:07.060 --> 00:43:09.480
All right, this is probably gonna be the best bonus

870
00:43:09.480 --> 00:43:11.320
of all time because I'm seeing something

871
00:43:11.320 --> 00:43:12.720
I never knew existed.

872
00:43:12.720 --> 00:43:16.400
Cause I always get like the professional searches.

873
00:43:16.400 --> 00:43:18.080
So then I know there's no liability issue.

874
00:43:18.080 --> 00:43:19.160
Everybody's happy.

875
00:43:19.160 --> 00:43:20.880
Look up here.

876
00:43:20.880 --> 00:43:21.760
Look on the top here.

877
00:43:21.760 --> 00:43:24.420
You see image list?

878
00:43:25.440 --> 00:43:26.280
Yeah.

879
00:43:26.280 --> 00:43:27.120
Click that.

880
00:43:29.120 --> 00:43:30.140
You get images.

881
00:43:31.840 --> 00:43:33.280
That's good.

882
00:43:33.280 --> 00:43:36.280
Yeah, that saves a lot of time.

883
00:43:36.280 --> 00:43:39.480
That saves a tremendous amount of time right there.

884
00:43:39.480 --> 00:43:43.880
All right, so yeah, click the image button on the top

885
00:43:43.880 --> 00:43:48.880
where it says, let me go back, let me go back.

886
00:43:49.080 --> 00:43:50.440
All right, so right here on the top,

887
00:43:50.440 --> 00:43:51.660
it says image list.

888
00:43:52.800 --> 00:43:53.880
Click on that.

889
00:43:53.880 --> 00:43:55.680
I mean, again, realize that, you know,

890
00:43:55.680 --> 00:43:58.360
this kind of search is not going to be a professional search

891
00:43:58.360 --> 00:44:02.040
so there'll be things that you miss, but this is fantastic.

892
00:44:02.040 --> 00:44:04.400
I mean, we should call this the Helene search.

893
00:44:05.320 --> 00:44:06.160
This is great.

894
00:44:06.160 --> 00:44:07.120
I love it.

895
00:44:07.120 --> 00:44:07.960
This is awesome.

896
00:44:07.960 --> 00:44:09.680
Copyright or trademark then?

897
00:44:09.680 --> 00:44:10.920
Yeah, I know, right?

898
00:44:10.920 --> 00:44:12.640
That would be trademark, yeah.

899
00:44:12.640 --> 00:44:14.120
So, but there you go.

900
00:44:14.120 --> 00:44:16.720
You can just kind of glance through

901
00:44:16.720 --> 00:44:17.960
and see everyone that's there.

902
00:44:17.960 --> 00:44:18.920
I love it.

903
00:44:18.920 --> 00:44:20.240
That's awesome.

904
00:44:21.360 --> 00:44:22.400
That is awesome.

905
00:44:22.400 --> 00:44:25.320
Yeah, what a great tool for people to be able to go in

906
00:44:26.440 --> 00:44:28.320
and just look at them one by one.

907
00:44:28.320 --> 00:44:29.840
And then underneath it, you see,

908
00:44:29.840 --> 00:44:32.800
so let's say you go over to step in over here

909
00:44:32.800 --> 00:44:34.360
and you're like, oh, I wonder what that's about.

910
00:44:34.360 --> 00:44:36.800
You just click on that and there's the trademark.

911
00:44:38.220 --> 00:44:39.060
That's good.

912
00:44:39.060 --> 00:44:41.480
And then you just click back and you go back to your screen

913
00:44:41.480 --> 00:44:42.840
and just scroll down again.

914
00:44:43.840 --> 00:44:45.080
Helene, you're awesome.

915
00:44:46.080 --> 00:44:48.080
Well, you found it, you're more awesome.

916
00:44:48.080 --> 00:44:49.840
Well, I mean, and this is just,

917
00:44:50.200 --> 00:44:51.960
what we just exemplified, guys,

918
00:44:51.960 --> 00:44:53.720
is this is the body of Christ

919
00:44:53.720 --> 00:44:55.760
and this is really what happens in the portal.

920
00:44:55.760 --> 00:44:56.840
Just to understand,

921
00:44:56.840 --> 00:45:00.080
I understand that I am the quote-unquote leader in the-

922
00:45:00.000 --> 00:45:02.500
the portal, but this is what happens.

923
00:45:02.500 --> 00:45:03.920
Helene actually joined the portal.

924
00:45:03.920 --> 00:45:04.980
So that's awesome.

925
00:45:04.980 --> 00:45:06.340
I'm glad to have you there.

926
00:45:06.340 --> 00:45:07.980
Clearly for this reason and more,

927
00:45:07.980 --> 00:45:10.900
you're gonna be contributing as much.

928
00:45:10.900 --> 00:45:13.220
But the point being is that it's a community.

929
00:45:13.220 --> 00:45:16.500
It's not just Peter talks, everybody writes down notes.

930
00:45:16.500 --> 00:45:19.140
That is not what the portal is about.

931
00:45:19.140 --> 00:45:20.580
I mean, do I have a wealth of knowledge?

932
00:45:20.580 --> 00:45:23.240
Yeah, I mean, I pretty much have run into most things

933
00:45:23.240 --> 00:45:25.780
that most people would ever run into.

934
00:45:25.780 --> 00:45:27.860
Everything from appeals to litigation,

935
00:45:27.940 --> 00:45:31.060
to prosecution, to you name it, right?

936
00:45:31.060 --> 00:45:34.620
But the fact is what just happened to you live

937
00:45:34.620 --> 00:45:36.340
is literally what happens in the portal.

938
00:45:36.340 --> 00:45:38.940
Where we dig into things like this and we're like,

939
00:45:38.940 --> 00:45:40.500
what happens when you click that button?

940
00:45:40.500 --> 00:45:41.340
What does this do?

941
00:45:41.340 --> 00:45:42.540
What does that do?

942
00:45:42.540 --> 00:45:47.300
And then boom, we just found a new feature that's available

943
00:45:47.300 --> 00:45:49.160
and then everybody starts using that.

944
00:45:49.160 --> 00:45:52.220
We have one person who just joined, I think it's Jill.

945
00:45:52.220 --> 00:45:55.980
She's actually creating a flow chart

946
00:45:55.980 --> 00:45:58.900
of what you should do from beginning stages

947
00:45:58.900 --> 00:46:02.980
of a corporation, like for the formation of the corporation

948
00:46:02.980 --> 00:46:05.940
to like trademark search to like everything.

949
00:46:05.940 --> 00:46:08.580
And she's doing that within the portal.

950
00:46:08.580 --> 00:46:10.380
Like, and then we're all gonna review it all

951
00:46:10.380 --> 00:46:12.380
and kind of fine tune it and make it a tool

952
00:46:12.380 --> 00:46:13.500
that we use in there.

953
00:46:13.500 --> 00:46:16.020
So it's like, that's what it's about.

954
00:46:16.020 --> 00:46:18.220
It's community, it's making things strong,

955
00:46:18.220 --> 00:46:19.620
it's helping each other out.
