WEBVTT

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Welcome to the Protect Your Idea Challenge.

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Welcome, welcome, welcome.

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Come on in.

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Get comfortable, get your pens and paper, get your note takers.

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We're so excited to be serving you this week, helping you learn how to better protect your businesses and your ideas, your creative innovations, inventions, witty ideas, logos, graphics, using trademark law and patent law, just getting a great understanding of how

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to do it.

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We're so excited to be able to work for you.

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For those of you who have been in a challenge before, we welcome you.

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If you haven't been in any type of challenge before, this is a community event.

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It's a little different than a workshop.

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It's a little different than just a class.

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We're so excited to get here. Whether this is your first challenge or a repeat, please drop in the chat, get your chat open. If you can open the chat in the Zoom, it's a little button down on the very bottom.

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Introduce yourself, tell us where you're from.

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And

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you know, let us a little something happy. How happy are you today?

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How happy are you?

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Welcome, Andrew.

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Welcome, Aurelio.

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Welcome, Teresa.

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Welcome, Tracy.

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How are you?

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How are you?

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I'm just south of Delaware.

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I'm Larissa and I live in Maryland.

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I'm here to keep the party going.

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It's not really a party.

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No, we have great fun here.

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We have a lot of connections.

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By the end of the week, you're going to have new friends and connections as well.

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So excited.

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Oh, so excited to see everyone.

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Look at all this.

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We've got Howard from Texas.

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TJ Ward.

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Do you go by TJ?

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From Montana.

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Cheryl from sunny Florida.

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Hi, Brittany.

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Brittany and me.

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Exactly where you're at in Delaware.

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I'm just down here near Ocean City.

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Literally along the beach.

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Welcome, Brittany from Colorado.

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TJ, are you from Montana?

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Are you from Columbia Falls?

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I bet you meant MT.

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Jessica, great to see you.

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Brittany from Oregon.

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Awesome.

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Jessica, great to see you from Dallas, Texas.

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Katul from Salinas, California.

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Waking up early.

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So excited to see everybody.

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Everybody is coming in.

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Good, good, good.

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Keep going.

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Keep going.

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Keep going.

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Keep going.

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You're going to have to help us.

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From Connecticut.

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Hello, hello.

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Tracy from Roanoke, Virginia.

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Teresa from Maine.

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She was right on it.

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Are you ready to learn?

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Are you ready to write?

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If you're ready,

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I'm going to give you a pen and paper.

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It's a marker and pencil.

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Write down the notes.

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Replays will be released in a link

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within 24 hours.

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Peter does not broadcast into Facebook.

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You will find out why.

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There are terms and conditions that

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Facebook has that gives them authority

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over your stuff.

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I'm going to give you a pen and paper.

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I'm going to give you a pen and paper.

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It's all about protecting his intellectual property.

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You're going to hear that a lot.

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IP is a big mouthful.

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bid. And that is your property. And it started up here in your

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beautiful minds and your beautiful hearts. You're so

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excited. If you know someone who was supposed to be here, they

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said they were going to be here and they're not here yet. Give

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them a ping, give them a text. We apologize. The short message

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system to like give you reminders did not function

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properly today. So for the praying people out there, we

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would so much appreciate a covering with that. I'm kind of

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watching this chat here. Teresa, that's why there's a replay. So

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sometimes we just sit and soak it in and take notes on like

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what time it was. So like when you go back, oh, that was about

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30 minutes in. Oh, that was about 40 minutes in. Take a

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little note. There's a little zoom. Anybody else have any zoom

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challenge tips on how to catch the goodness and then remind

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yourself where you got to go back and whatnot. During this

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first hour, there's we have the normal challenge hour and then

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there's you're able to upgrade to VIP for the first time ever.

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Peter's actually made day one available at no cost. You might

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be here just checking it out to see what goodness. Yeah, you

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can glean from it to then get in for the full class. So this

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first hour today on Monday is free. And so you can taste and

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see if this is what you want to continue with. We're very

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excited about it. And then we have a VIP class. So Peter

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teaches during the first portion of first hour, and then he takes

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questions during the VIP portion. So you're going to have

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a lot of questions and if for nothing else, you've got your

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paper and pencil or pen there to write down your questions. You

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can also drop them in the chat so we can take inventory a bit.

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So that is a bit how this works. Yay. If you have signed up for

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the VIP say I'm going VIP. Awesome. Excited. Transcripts

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are not downloadable.

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And I don't even know if he has a transcript on.

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Hey, everybody. How are you doing? Everybody's dumping in

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nice. Nice. All right. Check this out. We got everybody. Yes.

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You're a Larissa Lisa. Jimmy. Jimmy, what's going on, brother?

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Good to see you. Anthony's out in Georgia. And I don't mean

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like, United States, Georgia, either. I mean, like, Georgia,

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Georgia, man, you're out there, brother. You know, I've been

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looking forward to this like all week, quite frankly, because

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this is when I get to really take all the different tools

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that I have in all these different fields and just give

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them all to you. Because I've been doing this for 25 years

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plus, and I've handled everything from patent

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litigation in Southern District of California to Eastern

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District of Texas, to Florida, to New Hampshire, to

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Massachusetts, patent prosecution in most countries of

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the world, trademark prosecution, copyright, and

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when you get all this different stuff, and you're kind of like,

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all right, I enjoy what I do. But isn't there more to life

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than just kind of saving people when they're in emergency

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situations. And all of a sudden, this opportunity showed up,

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which was to basically take all of this knowledge and give it to

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you. Like anything you need. That's what I'm here for. All

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right, I built like $600 an hour. You're not paying that

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take advantage of it. I'm telling you, take advantage of

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this opportunity, because you do not want to be paying my rate.

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You don't want to be paying the rates of most lawyers. So if you

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have questions, I see April here, too. It's so cool. A lot

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of people I know here are great. And then a lot of new friends,

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too. This is awesome. Yeah. So as you're going along, where

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you're going to find is some of you are kind of thinking, well,

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do I need this? Do I not need this? I'm not sure I signed up

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because I think I do. People said I might. And what you're

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going to find is as I start digging in, things are going to

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be directly applicable to your own businesses. And you're going

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to come up with all these questions. It's just going to

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happen. It's happened, right, Larissa? It happens like every

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time. It's like people start and then all of a sudden, they're

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like, hold it. Oh my gosh, I hired GoDaddy to go do a logo

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for me. I didn't realize I don't have any right title or

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an interest to the logo. And they could sell it to somebody

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else if they so chose because I have a non-exclusive license to

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it. And therefore, I can't even build my business based on that

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logo because I don't own it. What does that even mean? I

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don't understand. I paid them to give me the logo. How is that

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even possible?

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You guys go into the Facebook group,

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I'll take care of some home,

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some kind of cleaning stuff first.

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If you go into Facebook group,

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someone just posted a video on this exact issue.

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I didn't know this was gonna happen.

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She, God bless her, she went into the group

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and she told about her own personal situation

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where she actually paid for a logo to be created.

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And now the company who actually created the logo for her,

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that she's going to be using for her company

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has now come to her and say,

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there's somebody else who wants to bid for it.

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And we're thinking of giving it to them

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unless you pay a higher price

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so that you can obtain rights to it.

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Are you kidding me?

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Like you paid for the logo.

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You need to understand that you,

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that falls under copyright law.

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And we're gonna go under every different area of IP law

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so you understand all these different aspects of IP

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so that nobody can play a quick game with you.

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People can steal your ideas.

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You can understand what assets you actually already own

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without actually filing for anything else.

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Like under common law trademark rights,

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you have certain rights to names that you're already using

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even though you didn't file anything with the government.

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Under copyright law, you have certain rights already

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even though you haven't filed anything with the government.

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So there's certain things that you have rights to already

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but there's certain advanced rights that you can obtain.

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We're gonna go through them all individually.

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And let me go through some housekeeping first

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just to make sure everybody's on the same page here.

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My name's Peter Nieves.

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Larissa is the hostess with the mostest over here.

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She's helping out.

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She's amazing.

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Ray Carter is here down there.

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No, you're there.

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You're down there for me.

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There's Ray.

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Ray is amazing.

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She handles a lot of the backend work.

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These are members of my team, okay?

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So just like the same level of respect and honor

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you would give to me, please give to them.

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They're here to serve you.

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We are all here to serve you.

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We've got five days together, okay?

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That's not, even though it seems like a lot of time,

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it's not a lot of time when we're gonna be covering

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patents, trademarks, copyrights.

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I'll even touch a little trade secret if you need it.

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VIP, let me give you a moment on VIP

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because 20 to 30% of you who are not in it

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are going to at the end of this first session,

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go into emergency mode and ask,

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how do I get in?

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How do I get in?

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We got you covered, all right?

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Relax.

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You'll be fine.

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All of your questions,

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you're still gonna be able to email me.

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I'm still gonna review them for you.

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Just so you know, I am working at a law firm

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at the same time as doing this.

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I chair the IP department in that firm.

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We've been ranked as the number one IP firm

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like literally eight years in a row.

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So like I'm doing the work there,

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but what I'm doing is I'm trying to host you

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and take care of you.

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So this is your time.

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Ask your questions, email your questions.

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This is all for you, okay?

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I just wanna give you guys a little gauge

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of what we've got going on here.

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And then we're gonna dig in.

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I've got a list here of countries

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and states that are represented here.

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Like we've got Maine, California, Arizona, Texas,

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Florida, Illinois, Montana, Tennessee, Alaska,

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New Hampshire, Connecticut, New York, Oregon,

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Kansas, Colorado, Ohio, Washington, Vermont,

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New Jersey, Missouri, Pennsylvania.

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We've got Georgia, the country of Georgia.

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We've got Buenos Aires.

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We've got, and there's a list of more here.

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So we've got a major part of the world represented here

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and a lot of different corporations here.

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So you're all in a network now.

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Now, what do I mean by that?

256
00:13:50.840 --> 00:13:54.280
There's a Facebook group, join the Facebook group.

257
00:13:54.280 --> 00:13:55.120
Why?

258
00:13:55.120 --> 00:13:56.320
You're gonna get to know each other

259
00:13:56.320 --> 00:13:58.880
and your businesses can help each other out.

260
00:13:58.880 --> 00:14:00.440
For some of you that are starting out

261
00:14:00.440 --> 00:14:02.800
that I've called individually,

262
00:14:02.800 --> 00:14:03.920
I know what you're looking for.

263
00:14:03.920 --> 00:14:06.480
And there's other people in this group that can help you.

264
00:14:06.480 --> 00:14:09.320
So go in that group, let people know who you are,

265
00:14:09.320 --> 00:14:11.480
go live, don't be bashful.

266
00:14:11.480 --> 00:14:13.760
You can't do anything wrong here.

267
00:14:13.760 --> 00:14:15.800
Nobody's gonna reprimand you.

268
00:14:15.800 --> 00:14:17.880
Nobody's gonna kick you out, all right?

269
00:14:17.880 --> 00:14:18.760
Well, I take that back.

270
00:14:18.760 --> 00:14:20.640
If you do something weird, I'm gonna kick you out.

271
00:14:21.440 --> 00:14:25.040
But at least you can let people know what you're doing

272
00:14:25.040 --> 00:14:26.800
so that we can see what kind of resources

273
00:14:26.800 --> 00:14:29.400
we can get behind you to help you out, all right?

274
00:14:29.400 --> 00:14:30.440
Network.

275
00:14:30.440 --> 00:14:33.960
The other part is the VIP will be dropped by Larissa.

276
00:14:33.960 --> 00:14:36.880
You can drop it now, people can see it later.

277
00:14:36.880 --> 00:14:39.600
If you so desire to jump into VIP,

278
00:14:39.600 --> 00:14:41.040
you're more than welcome to do that.

279
00:14:41.040 --> 00:14:44.000
That's where you get to email me your individual questions.

280
00:14:44.000 --> 00:14:46.480
I review them all one by one,

281
00:14:46.480 --> 00:14:50.680
and I make the subject matter that I go through in VIP

282
00:14:50.680 --> 00:14:53.160
based on what you're asking.

283
00:14:53.160 --> 00:14:55.280
Some of you have already gone live.

284
00:14:55.280 --> 00:14:57.320
I know that there are writers here.

285
00:14:57.320 --> 00:14:59.240
I know that there are not only authors here,

286
00:14:59.240 --> 00:15:00.080
but there are some-

287
00:15:00.000 --> 00:15:03.040
I have specific companies, I know what companies you have.

288
00:15:03.040 --> 00:15:04.380
So what I'm gonna be talking about

289
00:15:04.380 --> 00:15:06.460
is specific to your companies.

290
00:15:06.460 --> 00:15:09.340
If some of you are thinking, well, I need something as well,

291
00:15:09.340 --> 00:15:11.220
go live, let me know,

292
00:15:11.220 --> 00:15:14.620
cause I can cover any area of IP, okay?

293
00:15:14.620 --> 00:15:16.900
I'm gonna take two minutes and kind of touch base

294
00:15:16.900 --> 00:15:18.340
on who I am, my background,

295
00:15:18.340 --> 00:15:20.420
and then we're jumping into trademarks.

296
00:15:20.420 --> 00:15:22.620
And we're gonna go really into a deep dive.

297
00:15:22.620 --> 00:15:26.420
Now, some of you are incredible note takers.

298
00:15:26.420 --> 00:15:28.860
God bless you, that's awesome.

299
00:15:28.860 --> 00:15:32.100
You don't have to freak out that you're not keeping up,

300
00:15:32.100 --> 00:15:34.420
okay, it's all recorded.

301
00:15:34.420 --> 00:15:37.220
I'm gonna give you the videos for 30 days

302
00:15:37.220 --> 00:15:39.100
if you're in the challenge.

303
00:15:39.100 --> 00:15:40.860
And then I'm also going to give you,

304
00:15:40.860 --> 00:15:43.660
if you're in VIP, the videos for 90 days.

305
00:15:43.660 --> 00:15:47.580
So you can take all your notes afterwards, okay?

306
00:15:47.580 --> 00:15:50.340
If you have specific questions, you can bring them into VIP,

307
00:15:50.340 --> 00:15:54.620
you can type some into chat and Larissa will see them,

308
00:15:54.620 --> 00:15:57.380
she'll flag them, Ray will see them and flag them.

309
00:15:57.380 --> 00:15:58.660
Some of them we'll get to,

310
00:15:59.460 --> 00:16:00.300
we won't be able to get to all the questions.

311
00:16:00.300 --> 00:16:01.940
That's what VIP is for.

312
00:16:01.940 --> 00:16:06.220
VIP is all the hot seats and individualized questions.

313
00:16:06.220 --> 00:16:07.580
A little bit about me.

314
00:16:08.460 --> 00:16:11.180
I was born in Williamsburg, Brooklyn

315
00:16:11.180 --> 00:16:12.900
before it became penthouses.

316
00:16:12.900 --> 00:16:15.240
It was like projects, okay?

317
00:16:15.240 --> 00:16:17.420
Single mom took care of me.

318
00:16:17.420 --> 00:16:20.660
I spent a lot of time trying to take care of her

319
00:16:20.660 --> 00:16:24.360
and then had a whole mess of bad things happen.

320
00:16:24.360 --> 00:16:27.580
So I have a very protective nature about me.

321
00:16:27.580 --> 00:16:30.660
You're going to find that throughout these five days.

322
00:16:30.660 --> 00:16:33.420
I have two daughters, I'm Puerto Rican,

323
00:16:33.420 --> 00:16:35.540
I am very protective, okay?

324
00:16:35.540 --> 00:16:38.860
So there's a lot of protective nature about me.

325
00:16:38.860 --> 00:16:41.420
So if I see you walking into a scenario

326
00:16:41.420 --> 00:16:45.980
where I feel like you're either going to waste your money

327
00:16:45.980 --> 00:16:49.420
by trying to get some legal support

328
00:16:49.420 --> 00:16:50.900
on something that you really don't need,

329
00:16:50.900 --> 00:16:52.620
I'm going to let you know, all right?

330
00:16:52.620 --> 00:16:53.780
I'm not here to get clients.

331
00:16:53.780 --> 00:16:56.840
Just to be clear, I am not here to get clients.

332
00:16:56.840 --> 00:16:58.260
I'm here to serve you.

333
00:16:58.260 --> 00:17:00.780
Now, if you so say, Peter, wow, you know what you do,

334
00:17:00.780 --> 00:17:02.160
I really would need your support,

335
00:17:02.160 --> 00:17:04.440
then you can email me separate from here, okay?

336
00:17:04.440 --> 00:17:05.800
But the point is,

337
00:17:05.800 --> 00:17:07.720
this is not about Peter trying to get clients.

338
00:17:07.720 --> 00:17:11.599
This is about you getting what you need so you can succeed.

339
00:17:11.599 --> 00:17:14.319
So after we go through our sessions,

340
00:17:14.319 --> 00:17:17.160
the videos are going to be posted late at night

341
00:17:17.160 --> 00:17:19.240
because I have to process the videos

342
00:17:19.240 --> 00:17:20.839
and then you can rewatch them.

343
00:17:20.839 --> 00:17:22.760
And as you come up with questions,

344
00:17:22.760 --> 00:17:24.920
you can post them in the Facebook group

345
00:17:24.920 --> 00:17:29.400
or you can email them if you're in VIP, all right?

346
00:17:29.400 --> 00:17:31.280
Separate from that, as I let you know,

347
00:17:31.280 --> 00:17:33.400
I handle litigation prosecution.

348
00:17:33.400 --> 00:17:35.480
I handle all areas of IP.

349
00:17:35.480 --> 00:17:37.980
I'm also an adjunct professor of IP.

350
00:17:37.980 --> 00:17:41.720
So I'm not bashful when it comes to your questions.

351
00:17:41.720 --> 00:17:43.120
I'll answer them, all right?

352
00:17:43.120 --> 00:17:45.740
Now, if you feel like they're stupid questions,

353
00:17:45.740 --> 00:17:48.120
there are no stupid questions, okay?

354
00:17:48.120 --> 00:17:51.200
I've taught people with quote unquote stupid questions,

355
00:17:51.200 --> 00:17:52.040
all right?

356
00:17:52.040 --> 00:17:53.560
You don't have stupid questions.

357
00:17:53.560 --> 00:17:54.400
I know who's here.

358
00:17:54.400 --> 00:17:55.640
You're high caliber.

359
00:17:55.640 --> 00:17:57.600
Ask anything, okay?

360
00:17:57.600 --> 00:18:00.800
And with that, I think what I want to jump into first

361
00:18:00.800 --> 00:18:01.800
is a scenario.

362
00:18:01.800 --> 00:18:03.600
I want to show you something.

363
00:18:03.600 --> 00:18:05.080
And the reason why I'm showing you this

364
00:18:05.080 --> 00:18:07.000
is because some of you are going to look at this

365
00:18:07.000 --> 00:18:10.600
and you're going to say, I have no idea.

366
00:18:10.600 --> 00:18:12.040
I just posted a link.

367
00:18:13.120 --> 00:18:16.180
It's a Google Zoom, it's a Google Doc,

368
00:18:16.180 --> 00:18:17.960
and I'm going to walk you through the scenario

369
00:18:17.960 --> 00:18:20.520
real quick intentionally.

370
00:18:20.520 --> 00:18:22.480
I'm going to share my screen with you

371
00:18:22.480 --> 00:18:26.080
in case you don't have that, you can't look at that.

372
00:18:26.080 --> 00:18:27.840
So this is my screen.

373
00:18:27.840 --> 00:18:30.840
I'm going to make it a little bigger.

374
00:18:30.840 --> 00:18:32.880
Maybe I'll make it just a little, a tad bit bigger

375
00:18:32.880 --> 00:18:34.680
and make sure everybody can see it.

376
00:18:35.760 --> 00:18:38.040
Let's go to, 100 is going to be too big.

377
00:18:38.040 --> 00:18:40.040
No, make it a little bit bigger for you.

378
00:18:41.120 --> 00:18:44.920
Let's go to 120.

379
00:18:45.880 --> 00:18:48.120
All right, there's a reason why I'm doing this.

380
00:18:48.120 --> 00:18:49.860
I do this every single time.

381
00:18:50.860 --> 00:18:52.260
And here's the reason why.

382
00:18:54.260 --> 00:18:56.460
This scenario that I put up in front of you,

383
00:18:57.780 --> 00:18:59.660
many of you are going to see this and say,

384
00:18:59.660 --> 00:19:02.540
I don't know what areas of intellectual property

385
00:19:03.420 --> 00:19:06.060
are like pertaining to this scenario.

386
00:19:06.060 --> 00:19:07.980
And that's okay, all right?

387
00:19:07.980 --> 00:19:09.500
Be patient with yourself.

388
00:19:09.500 --> 00:19:12.860
This is the first time some of you have ever seen this.

389
00:19:12.860 --> 00:19:14.540
All right, in this scenario,

390
00:19:14.540 --> 00:19:16.860
in every single one of these sentences,

391
00:19:16.900 --> 00:19:20.620
there's one or more area of intellectual property law

392
00:19:20.620 --> 00:19:23.220
that pertains to this scenario, all right?

393
00:19:23.220 --> 00:19:28.220
I'm doing this now because you haven't done this before.

394
00:19:28.260 --> 00:19:30.740
After we're done on day five, we're going to do this again.

395
00:19:30.740 --> 00:19:33.020
And you're going to see how you can identify

396
00:19:33.020 --> 00:19:36.100
every single area of IP, all right?

397
00:19:36.100 --> 00:19:39.140
Because what I'm training you in is issue spotting.

398
00:19:39.140 --> 00:19:40.940
I want it so that when you go to a trade show,

399
00:19:40.940 --> 00:19:44.380
you go, oh man, did I file a provisional patent application?

400
00:19:44.380 --> 00:19:47.260
Oh man, am I using the TM on my trademark?

401
00:19:47.260 --> 00:19:49.660
Oh man, did somebody put a circle R on there?

402
00:19:49.660 --> 00:19:52.140
That's not allowed, I can get sued for that.

403
00:19:52.140 --> 00:19:55.020
Those things you're going to be able to do by day five.

404
00:19:55.020 --> 00:19:56.980
I'm telling you, you're going to get it.

405
00:19:56.980 --> 00:19:59.900
So what I want to start out with is a basic scenario.

406
00:20:00.000 --> 00:20:01.880
I'm gonna walk through it quick,

407
00:20:01.880 --> 00:20:04.480
and then I'm gonna show you a sheet that I gave you,

408
00:20:04.480 --> 00:20:06.620
and we're gonna jump into trademarks, okay?

409
00:20:06.620 --> 00:20:09.560
Can everybody see the scenario on the screen?

410
00:20:09.560 --> 00:20:10.400
Okay, good.

411
00:20:10.400 --> 00:20:13.120
All right, so line number one says you own

412
00:20:13.120 --> 00:20:15.720
a small company called Burger Town.

413
00:20:15.720 --> 00:20:18.240
The name is in quotes for a reason, all right?

414
00:20:18.240 --> 00:20:19.720
There's a hint.

415
00:20:19.720 --> 00:20:21.760
Number two says the number one selling burger

416
00:20:21.760 --> 00:20:24.320
is called the Belt Buster, okay?

417
00:20:24.320 --> 00:20:26.760
It's in quotes for a reason, again.

418
00:20:26.760 --> 00:20:28.560
Number three, you have a website.

419
00:20:28.560 --> 00:20:30.440
Notice the word website.

420
00:20:30.440 --> 00:20:32.440
A lot of you with companies have websites.

421
00:20:32.440 --> 00:20:34.120
We're gonna go into how you can protect

422
00:20:34.120 --> 00:20:35.880
your own copy on websites.

423
00:20:36.740 --> 00:20:39.240
It says you have a website advertising the company,

424
00:20:39.240 --> 00:20:42.720
providing a menu, and describing ingredients,

425
00:20:42.720 --> 00:20:44.960
preparation techniques, and health information

426
00:20:44.960 --> 00:20:48.320
regarding each item on the menu, okay?

427
00:20:48.320 --> 00:20:51.160
There are multiple areas of IP associated with that,

428
00:20:51.160 --> 00:20:52.400
one line.

429
00:20:52.400 --> 00:20:54.280
The next line is kind of long.

430
00:20:54.280 --> 00:20:55.640
I'll go through it quickly.

431
00:20:55.640 --> 00:20:56.820
You have a new process.

432
00:20:56.820 --> 00:20:58.940
Notice the words new process.

433
00:20:58.940 --> 00:21:02.580
For keeping inventory of burgers prepared

434
00:21:02.580 --> 00:21:04.980
and for determining loss of profits

435
00:21:04.980 --> 00:21:08.500
by using a novel pressure-sensitive device

436
00:21:08.500 --> 00:21:13.100
located within a grill used for preparing burgers.

437
00:21:13.100 --> 00:21:13.940
Here's a hint.

438
00:21:13.940 --> 00:21:17.820
Whenever you see nerdy terminology that I would utilize,

439
00:21:17.820 --> 00:21:21.020
like, you know, trying to describing devices,

440
00:21:21.020 --> 00:21:22.780
think patents, all right?

441
00:21:22.780 --> 00:21:25.500
That's usually why it's there.

442
00:21:25.500 --> 00:21:28.100
So then the next line says the burger is placed

443
00:21:28.100 --> 00:21:30.580
on an indented surface of the grill.

444
00:21:30.580 --> 00:21:32.340
During cooking, the indented surface

445
00:21:32.340 --> 00:21:35.180
has a pressure-sensitive switch that is thrown

446
00:21:35.180 --> 00:21:37.700
when the weight of the burger is detected.

447
00:21:37.700 --> 00:21:40.880
And then software, notice the word software.

448
00:21:40.880 --> 00:21:43.340
Within a computer is capable of comparing

449
00:21:43.340 --> 00:21:47.420
the number of detected burgers to actual sale of burgers

450
00:21:47.420 --> 00:21:50.220
to determine how many cooked burgers were never sold.

451
00:21:50.220 --> 00:21:53.380
As an example, burn drop free replacements,

452
00:21:53.420 --> 00:21:56.740
or as I did when I was working in a restaurant

453
00:21:56.740 --> 00:21:59.900
claimed as a working benefit as a disgruntled employee.

454
00:21:59.900 --> 00:22:01.900
Okay, that's kind of what we did.

455
00:22:01.900 --> 00:22:03.940
So, and then the last line,

456
00:22:03.940 --> 00:22:06.060
you also sell a new drink called HungerAid.

457
00:22:06.060 --> 00:22:08.380
Notice the quotes that everyone loves

458
00:22:08.380 --> 00:22:11.520
and nobody knows how to replicate.

459
00:22:11.520 --> 00:22:14.720
All right, just out of curiosity

460
00:22:14.720 --> 00:22:17.300
of all the people that are here,

461
00:22:17.300 --> 00:22:20.340
how many here can like in each of those lines

462
00:22:20.340 --> 00:22:22.940
was able to identify at least one area

463
00:22:23.440 --> 00:22:24.280
of intellectual property?

464
00:22:24.280 --> 00:22:25.380
Just by a show of hands.

465
00:22:26.780 --> 00:22:28.140
That's a lot of people.

466
00:22:28.140 --> 00:22:30.660
I just want to be clear, that's a lot of people.

467
00:22:30.660 --> 00:22:33.500
So you guys are way ahead of most.

468
00:22:33.500 --> 00:22:36.180
And for those who were not able to, don't worry about it.

469
00:22:36.180 --> 00:22:37.780
We're jumping in now

470
00:22:37.780 --> 00:22:40.180
so that you're going to learn how to do this, okay?

471
00:22:40.180 --> 00:22:42.180
I'm going to show one more thing to you.

472
00:22:43.460 --> 00:22:46.380
This is a sheet that everyone should have.

473
00:22:47.780 --> 00:22:50.420
Pow, boom, there we go.

474
00:22:50.420 --> 00:22:52.220
Does everybody recognize this sheet?

475
00:22:53.380 --> 00:22:56.840
All right, if you don't recognize this sheet,

476
00:22:59.420 --> 00:23:02.380
you should, let me do this.

477
00:23:02.380 --> 00:23:03.980
I'm not going to do that now.

478
00:23:03.980 --> 00:23:04.820
Thank you.

479
00:23:04.820 --> 00:23:05.640
All right, there we go.

480
00:23:05.640 --> 00:23:06.860
It should be big enough for everybody to see.

481
00:23:06.860 --> 00:23:08.860
Let me just make it a little bit bigger.

482
00:23:10.100 --> 00:23:14.700
Let's make it like one, let's make it like 120.

483
00:23:14.700 --> 00:23:15.540
There you go.

484
00:23:15.540 --> 00:23:20.340
All right, so every area of intellectual property law,

485
00:23:20.340 --> 00:23:22.660
pretty much every single thing that could be created

486
00:23:23.260 --> 00:23:24.100
is listed on this sheet.

487
00:23:24.100 --> 00:23:26.820
I created this for you, all right?

488
00:23:26.820 --> 00:23:28.100
So whatever you're doing,

489
00:23:28.100 --> 00:23:30.440
you should be able to look at the bottom,

490
00:23:30.440 --> 00:23:32.780
put your finger on that spot,

491
00:23:32.780 --> 00:23:35.620
look up and see what area of intellectual property law

492
00:23:35.620 --> 00:23:37.120
pertains to what you're doing.

493
00:23:38.300 --> 00:23:42.780
As an example, if you're dealing with software,

494
00:23:42.780 --> 00:23:45.140
you look up the word software,

495
00:23:45.140 --> 00:23:49.380
and you can see in looking at the sheet here,

496
00:23:49.380 --> 00:23:50.540
you see on the first line,

497
00:23:50.540 --> 00:23:52.900
patents, functionality of software.

498
00:23:52.900 --> 00:23:55.980
So the functionality of software is protectable by patents.

499
00:23:55.980 --> 00:23:57.700
But then separately from that,

500
00:23:57.700 --> 00:23:59.620
we know that software has what?

501
00:23:59.620 --> 00:24:02.620
Computer program code, right?

502
00:24:02.620 --> 00:24:05.300
So the code itself for the software is protectable by,

503
00:24:05.300 --> 00:24:07.400
if you go straight up, copyrights.

504
00:24:07.400 --> 00:24:10.220
You're going to be able to identify this as we go on.

505
00:24:10.220 --> 00:24:11.660
I'm going to elaborate,

506
00:24:11.660 --> 00:24:13.940
but I just wanted you to see this sheet.

507
00:24:13.940 --> 00:24:16.220
This is for you to use.

508
00:24:16.220 --> 00:24:18.740
Do not make a copy of this and give it to anybody else

509
00:24:19.100 --> 00:24:20.940
because it's protectable by copyright law.

510
00:24:20.940 --> 00:24:23.020
And I'm an IP attorney.

511
00:24:23.020 --> 00:24:26.700
Violating an IP attorney's copyrights is a bad idea.

512
00:24:26.700 --> 00:24:29.620
I'm just saying, I'm just trying to help you out here.

513
00:24:29.620 --> 00:24:30.580
That's all.

514
00:24:30.580 --> 00:24:31.820
That's all I'll say about that.

515
00:24:31.820 --> 00:24:32.700
Okay.

516
00:24:32.700 --> 00:24:34.420
So with that being said,

517
00:24:34.420 --> 00:24:36.860
let's jump into trademarks.

518
00:24:39.420 --> 00:24:41.900
Those resources are available for you to use.

519
00:24:41.900 --> 00:24:43.380
Don't put them on the internet.

520
00:24:43.380 --> 00:24:45.940
Just utilize them for yourselves.

521
00:24:45.980 --> 00:24:49.620
So let's kind of jump into trademarks now.

522
00:24:49.620 --> 00:24:51.580
Now, trademarks in general,

523
00:24:51.580 --> 00:24:54.620
they're an identification as to a source of goods

524
00:24:54.620 --> 00:24:57.620
or like some kind of source of good or service.

525
00:24:57.620 --> 00:25:00.260
Even if you don't understand who that is.

526
00:25:00.000 --> 00:25:03.920
that source of goods or services really is, right?

527
00:25:03.920 --> 00:25:06.000
So if you think of the product,

528
00:25:06.000 --> 00:25:09.560
think of the product, let's say like NyQuil.

529
00:25:09.560 --> 00:25:11.320
Does anybody know who makes NyQuil?

530
00:25:13.760 --> 00:25:16.440
There's like nobody's hands going up, right?

531
00:25:16.440 --> 00:25:18.800
Oh, one person, TJ, who makes NyQuil?

532
00:25:21.840 --> 00:25:24.900
Vicks, exactly, yeah, he's got it, yeah.

533
00:25:24.900 --> 00:25:27.440
So, all right, so here's the thing.

534
00:25:27.440 --> 00:25:30.400
Even though most of us didn't know

535
00:25:30.400 --> 00:25:35.400
who actually provided that product, NyQuil,

536
00:25:35.680 --> 00:25:36.880
most of us don't care

537
00:25:38.380 --> 00:25:42.060
because we have an association as to a cost.

538
00:25:42.060 --> 00:25:45.220
We know that we can buy it in a certain location.

539
00:25:45.220 --> 00:25:46.760
Most pharmacies are gonna sell it,

540
00:25:46.760 --> 00:25:51.320
CVS, other places like that are gonna sell it, right?

541
00:25:51.320 --> 00:25:54.880
We know that it's available to all of us over the counter,

542
00:25:54.880 --> 00:25:58.320
but that's all associated with just the name.

543
00:25:58.320 --> 00:25:59.480
So here's the thing.

544
00:25:59.480 --> 00:26:02.300
The name of your company is extremely important.

545
00:26:03.440 --> 00:26:05.660
What you do is extremely important.

546
00:26:06.580 --> 00:26:11.580
So trademarks protect names, they protect slogans,

547
00:26:13.320 --> 00:26:16.120
they protect logos, okay?

548
00:26:16.120 --> 00:26:18.600
Those are the things that people typically think about

549
00:26:18.600 --> 00:26:21.960
is like, oh, well, there's like some kind of name,

550
00:26:21.960 --> 00:26:23.980
like let's say like Nike,

551
00:26:23.980 --> 00:26:25.900
or you think of Adidas,

552
00:26:25.900 --> 00:26:27.460
why am I thinking of sneakers only?

553
00:26:27.460 --> 00:26:29.720
I don't know, maybe I need new sneakers.

554
00:26:29.720 --> 00:26:34.020
But separate from that, you might think of like Red Door.

555
00:26:34.020 --> 00:26:37.620
That's a perfume, that's a perfume my wife uses, right?

556
00:26:37.620 --> 00:26:40.140
There's actually a trademark associated with that.

557
00:26:40.140 --> 00:26:43.020
So those are words and those are logos,

558
00:26:43.020 --> 00:26:47.060
like the Nike swoosh, that is protectable by trademark.

559
00:26:47.060 --> 00:26:48.260
But here's the thing.

560
00:26:48.260 --> 00:26:50.700
There are other things that are protectable by trademarks,

561
00:26:50.740 --> 00:26:55.740
like sound, color, smells, packaging in and of itself.

562
00:26:58.820 --> 00:27:00.820
As an example, if I said to you,

563
00:27:00.820 --> 00:27:04.000
what company uses the color brown for packaging?

564
00:27:06.860 --> 00:27:10.940
Everybody's like UPS, everybody's like UPS, right?

565
00:27:10.940 --> 00:27:14.800
So did you know that UPS actually owns the color brown?

566
00:27:15.800 --> 00:27:20.800
So you as a company, you can actually own a color

567
00:27:22.000 --> 00:27:26.080
associated with your own product or your own services.

568
00:27:26.080 --> 00:27:28.760
So if there's always a certain color that you're utilizing,

569
00:27:28.760 --> 00:27:29.760
think about that.

570
00:27:29.760 --> 00:27:32.480
Fiberglass, the color pink, everybody knows.

571
00:27:32.480 --> 00:27:33.980
There's a specific Corning.

572
00:27:33.980 --> 00:27:36.200
Corning has fiberglass associated with the color pink,

573
00:27:36.200 --> 00:27:37.040
right?

574
00:27:37.040 --> 00:27:40.080
I have a client that I got the color blue

575
00:27:40.080 --> 00:27:43.000
associated with audio receivers.

576
00:27:43.000 --> 00:27:44.160
They own the color blue.

577
00:27:44.480 --> 00:27:46.360
Nobody else can use that color.

578
00:27:46.360 --> 00:27:50.240
So don't just think of a name and a logo.

579
00:27:50.240 --> 00:27:53.880
Colors, smells, those are all protectable

580
00:27:53.880 --> 00:27:55.360
by trademark as well.

581
00:27:55.360 --> 00:28:00.080
Now, something that many of you have seen is the TM.

582
00:28:00.080 --> 00:28:01.480
Has everybody seen the TM?

583
00:28:02.400 --> 00:28:04.000
Yeah, I see a lot of heads going up and down.

584
00:28:04.000 --> 00:28:05.400
All right, here's the thing.

585
00:28:06.440 --> 00:28:08.480
You do not, please hear me here.

586
00:28:08.480 --> 00:28:12.720
You do not need to file a trademark application

587
00:28:12.720 --> 00:28:17.040
with any government of any world, of any planet,

588
00:28:17.040 --> 00:28:19.840
of any anything to use a TM.

589
00:28:21.280 --> 00:28:23.560
All you have to do is use the trademark

590
00:28:23.560 --> 00:28:26.840
in interstate commerce, that's it, okay?

591
00:28:26.840 --> 00:28:28.040
That's all you need to be doing.

592
00:28:28.040 --> 00:28:29.080
And here's the thing.

593
00:28:29.080 --> 00:28:31.700
Even if you're using it in intrastate commerce,

594
00:28:31.700 --> 00:28:33.820
meaning within your state,

595
00:28:33.820 --> 00:28:35.960
or you're using outside of your state,

596
00:28:35.960 --> 00:28:37.560
you can still use a TM.

597
00:28:37.560 --> 00:28:40.160
What you're doing is you're placing the public on notice

598
00:28:40.160 --> 00:28:45.160
that this is my name, this is my logo, back off.

599
00:28:45.360 --> 00:28:47.240
That's what you're doing, okay?

600
00:28:47.240 --> 00:28:50.420
So if you have a name for your company right now,

601
00:28:50.420 --> 00:28:53.400
if you have a product, you should be using a TM.

602
00:28:54.680 --> 00:28:56.760
You should immediately be using a TM.

603
00:28:56.760 --> 00:28:58.080
If you're not using a TM,

604
00:28:58.080 --> 00:29:01.520
then what can be happening is other people don't believe

605
00:29:01.520 --> 00:29:04.640
that you're claiming an ownership to your own name.

606
00:29:04.640 --> 00:29:07.820
If you're not doing that, then other people may use it.

607
00:29:07.820 --> 00:29:09.280
And then you run into problems

608
00:29:09.280 --> 00:29:10.320
that we're going to talk about

609
00:29:10.320 --> 00:29:13.260
in a lot of details very soon, okay?

610
00:29:13.260 --> 00:29:18.260
So for use of the TM, you don't need to file anything, okay?

611
00:29:19.600 --> 00:29:22.600
Now, the Circle R,

612
00:29:22.600 --> 00:29:24.480
and we're going to talk about this in more detail

613
00:29:24.480 --> 00:29:25.800
later today and tomorrow,

614
00:29:25.800 --> 00:29:28.240
but I just want to kind of give you some top level stuff.

615
00:29:28.240 --> 00:29:31.720
The Circle R, you cannot use a Circle R

616
00:29:31.720 --> 00:29:35.720
unless you have a federal registration, okay?

617
00:29:36.720 --> 00:29:39.960
Okay, does everybody know what the Circle R looks like?

618
00:29:39.960 --> 00:29:42.280
It's a circle, there's an R in it, that's it.

619
00:29:43.680 --> 00:29:46.640
Let me see if I can pull one up for you guys.

620
00:29:46.640 --> 00:29:49.600
I saw one person say that they were not familiar

621
00:29:49.600 --> 00:29:51.360
with what the Circle R looks like.

622
00:29:51.360 --> 00:29:56.360
So Larissa, can you post the Circle R just in the chat?

623
00:29:57.280 --> 00:29:58.760
Thanks, just so they can see what it looks like,

624
00:29:58.760 --> 00:30:00.160
so I can continue, thanks.

625
00:30:00.000 --> 00:30:04.720
So you cannot use a Circle R unless,

626
00:30:04.720 --> 00:30:06.200
please, please understand this,

627
00:30:06.200 --> 00:30:07.920
because people do this wrong all the time

628
00:30:07.920 --> 00:30:09.720
and they get sued for it.

629
00:30:09.720 --> 00:30:13.160
I don't want anybody here running into legal problems, okay?

630
00:30:13.160 --> 00:30:14.360
You can't use a Circle R

631
00:30:14.360 --> 00:30:16.300
unless you get a federal registration.

632
00:30:16.300 --> 00:30:20.000
That does not mean you filed for a trademark application.

633
00:30:20.000 --> 00:30:22.420
It means you get the registration.

634
00:30:22.420 --> 00:30:24.820
It does not mean it's been allowed.

635
00:30:24.820 --> 00:30:27.340
It means you get the registration.

636
00:30:27.340 --> 00:30:30.460
I'm gonna explain to you the whole trademark process

637
00:30:30.460 --> 00:30:34.000
step-by-step, so everybody's gonna be fine,

638
00:30:34.000 --> 00:30:36.180
all your company is gonna be taken care of,

639
00:30:36.180 --> 00:30:37.380
and nobody gets confused,

640
00:30:37.380 --> 00:30:39.580
and you're gonna have the recording, okay?

641
00:30:39.580 --> 00:30:42.220
But don't use a Circle R.

642
00:30:42.220 --> 00:30:44.600
The reason why is because you can be sued

643
00:30:44.600 --> 00:30:46.260
for what's called tortious interference

644
00:30:46.260 --> 00:30:50.100
with business practice, for unfair business practice,

645
00:30:50.100 --> 00:30:51.660
for all sorts of things,

646
00:30:51.660 --> 00:30:53.500
because you told the world

647
00:30:53.500 --> 00:30:55.860
that you had a federal registration on something

648
00:30:55.860 --> 00:30:58.220
that you don't have a federal registration on.

649
00:30:59.360 --> 00:31:01.260
So don't do it, all right?

650
00:31:01.260 --> 00:31:02.860
Does everybody understand that?

651
00:31:04.660 --> 00:31:09.660
So TM, yes, you don't need to file anything to have a TM.

652
00:31:10.300 --> 00:31:13.920
Circle R, no, don't use a Circle R

653
00:31:13.920 --> 00:31:16.940
unless you get a registration, okay?

654
00:31:16.940 --> 00:31:19.420
Now that registration, just to be clear,

655
00:31:19.420 --> 00:31:22.260
some of you are in Canada, some of you are in Georgia,

656
00:31:22.260 --> 00:31:25.140
some of you are in the United Kingdom,

657
00:31:25.140 --> 00:31:28.780
some of you are in other locations around the world, okay?

658
00:31:28.780 --> 00:31:30.780
Now here's something that's very tricky.

659
00:31:32.100 --> 00:31:34.660
What happens if you get a federal registration

660
00:31:34.660 --> 00:31:35.980
in the United States,

661
00:31:35.980 --> 00:31:38.340
but you're selling products in other countries?

662
00:31:39.700 --> 00:31:41.100
This is where it gets confusing,

663
00:31:41.100 --> 00:31:43.300
or you're providing services in other countries.

664
00:31:43.300 --> 00:31:45.420
This is where it can get confusing.

665
00:31:45.420 --> 00:31:48.860
You gotta make sure that your marketing material says,

666
00:31:48.860 --> 00:31:49.980
next to your Circle R,

667
00:31:49.980 --> 00:31:52.380
the country in which you have the registration.

668
00:31:52.380 --> 00:31:54.780
You can't just, if you're saying Circle R,

669
00:31:55.420 --> 00:31:56.260
and you're selling products in Germany,

670
00:31:56.260 --> 00:31:58.260
you don't have a registration in Germany.

671
00:31:58.260 --> 00:32:00.380
You don't have a registration in Canada.

672
00:32:00.380 --> 00:32:03.900
So if you're using a Circle R in other countries,

673
00:32:03.900 --> 00:32:05.500
you're falsely marking.

674
00:32:06.380 --> 00:32:08.660
So you wanna make sure that

675
00:32:08.660 --> 00:32:10.660
if you're selling in other countries,

676
00:32:10.660 --> 00:32:11.820
the easy way around this,

677
00:32:11.820 --> 00:32:13.860
the easy way that a lot of people handle this,

678
00:32:13.860 --> 00:32:15.180
they do it very simply.

679
00:32:15.180 --> 00:32:17.740
They put down the Circle R,

680
00:32:17.740 --> 00:32:19.740
and then they put down, you know,

681
00:32:19.740 --> 00:32:22.380
trademark rights in the United States, period, that's it.

682
00:32:22.380 --> 00:32:24.140
Something simple to make it clear

683
00:32:24.500 --> 00:32:25.940
what country they have the rights in.

684
00:32:25.940 --> 00:32:28.900
Now, some of you who are, you know, have little,

685
00:32:28.900 --> 00:32:32.420
have smaller stores, or have like salons,

686
00:32:32.420 --> 00:32:36.580
or have like businesses that are just more local,

687
00:32:36.580 --> 00:32:38.180
you don't have to worry about that,

688
00:32:38.180 --> 00:32:41.380
because you're not exporting products, right?

689
00:32:41.380 --> 00:32:44.020
But if you're selling on the internet,

690
00:32:44.020 --> 00:32:45.780
you might run into the same kind of issues,

691
00:32:45.780 --> 00:32:48.700
because you're selling product across state lines

692
00:32:48.700 --> 00:32:49.820
and other countries.

693
00:32:49.820 --> 00:32:52.260
So the easy way to do it is just to kind of

694
00:32:52.260 --> 00:32:53.420
have a disclaimer that it says,

695
00:32:53.420 --> 00:32:54.980
you don't have rights in the United States.

696
00:32:54.980 --> 00:32:56.420
It's so simple.

697
00:32:56.420 --> 00:33:00.100
It's a lot easier than trying to run,

698
00:33:00.100 --> 00:33:01.540
than running into an issue later

699
00:33:01.540 --> 00:33:03.500
where another country says,

700
00:33:03.500 --> 00:33:05.140
well, you said you had rights in my country.

701
00:33:05.140 --> 00:33:05.980
Well, no, I didn't.

702
00:33:05.980 --> 00:33:07.660
I just sold into your country.

703
00:33:07.660 --> 00:33:09.180
Well, then why are you marketing saying

704
00:33:09.180 --> 00:33:10.860
that you have rights in my country?

705
00:33:10.860 --> 00:33:12.740
Just put next to it, United States.

706
00:33:12.740 --> 00:33:13.860
It's very simple.

707
00:33:13.860 --> 00:33:15.780
IP can be very simple

708
00:33:15.780 --> 00:33:18.700
if you understand how the rules work, all right?

709
00:33:18.700 --> 00:33:21.780
So those are some basic overview things

710
00:33:21.860 --> 00:33:25.140
before we start digging in a lot more detail.

711
00:33:25.140 --> 00:33:28.540
Thank you, Larissa, for dropping the circle R.

712
00:33:28.540 --> 00:33:31.100
So that's what the circle R looks like, okay?

713
00:33:31.100 --> 00:33:36.020
Now, trademarks, the way trademarks work

714
00:33:36.020 --> 00:33:38.540
is there are different types of trademarks, okay?

715
00:33:38.540 --> 00:33:41.540
There are rights under common law,

716
00:33:41.540 --> 00:33:43.180
and then there are rights that you get

717
00:33:43.180 --> 00:33:46.300
through filing with a trademark office, okay?

718
00:33:46.300 --> 00:33:47.900
Is anybody lost yet?

719
00:33:47.900 --> 00:33:49.820
Are we okay?

720
00:33:49.820 --> 00:33:51.140
Everybody's okay?

721
00:33:51.180 --> 00:33:52.340
Okay, I see some hesitation.

722
00:33:52.340 --> 00:33:53.980
Somebody, oh, yeah, I see that one.

723
00:33:53.980 --> 00:33:54.940
I see that, Jewel.

724
00:33:54.940 --> 00:33:55.860
All right, no problem.

725
00:33:55.860 --> 00:33:57.900
We got you, we got you, we got you.

726
00:33:57.900 --> 00:34:00.180
So I'm just gonna, I'm gonna take some time here

727
00:34:00.180 --> 00:34:01.940
to explain what an application is.

728
00:34:01.940 --> 00:34:04.060
I think that's gonna make it simpler, okay?

729
00:34:04.060 --> 00:34:05.540
So here's the thing.

730
00:34:05.540 --> 00:34:06.820
In the trademark world,

731
00:34:06.820 --> 00:34:09.980
you have certain rights automatically

732
00:34:09.980 --> 00:34:12.580
when you start using your trademark.

733
00:34:12.580 --> 00:34:15.500
So either that name that's unique

734
00:34:15.500 --> 00:34:18.060
or that logo that's unique, okay?

735
00:34:18.100 --> 00:34:20.820
The question is, how do you know if it's unique?

736
00:34:23.699 --> 00:34:24.540
Right?

737
00:34:24.540 --> 00:34:27.060
Because you may end up coming out with this name

738
00:34:27.060 --> 00:34:29.179
and you think, you know what?

739
00:34:29.179 --> 00:34:31.139
I've got a name, Nike.

740
00:34:31.139 --> 00:34:34.340
I think that's a great name to have for shoes, you know?

741
00:34:34.340 --> 00:34:36.500
Because there's the Greek God Nike,

742
00:34:36.500 --> 00:34:38.340
and, you know, or Greek or Roman God.

743
00:34:38.340 --> 00:34:39.620
I always get those confused.

744
00:34:39.620 --> 00:34:41.980
Any case, they're always lowercase G, so I don't care.

745
00:34:41.980 --> 00:34:46.420
But in any case, the point is there's a Nike, right?

746
00:34:46.420 --> 00:34:48.179
And so we think, all right, running,

747
00:34:48.179 --> 00:34:50.460
God of delivery, messenger.

748
00:34:50.460 --> 00:34:53.980
So for that reason, I'm gonna create sneakers.

749
00:34:53.980 --> 00:34:55.699
Well, you never checked

750
00:34:55.699 --> 00:34:59.060
to see whether or not that name was available.

751
00:34:59.060 --> 00:35:00.500
Well, there's a thing called.

752
00:35:00.000 --> 00:35:06.720
trademark search that every single one of you should be doing before you start using the name

753
00:35:06.720 --> 00:35:12.000
for your company or the name for your products or the name for your services. It's called a

754
00:35:12.000 --> 00:35:17.360
trademark search. I'm going to show you where you can do a top-level trademark search.

755
00:35:18.000 --> 00:35:26.160
Now, as a disclaimer, and Larissa, this is when we start. Here we go. This is not legal advice.

756
00:35:26.720 --> 00:35:32.880
Okay? Nothing that I say here is legal advice. Those who know me, they're already doing it.

757
00:35:32.880 --> 00:35:37.600
They're already drinking. You're going to hear me say this is not legal advice many times.

758
00:35:38.240 --> 00:35:43.440
Many, many times. There's this tradition that people have been through. Every time I say it's

759
00:35:43.440 --> 00:35:48.320
not legal advice, they drink. I don't know what they're drinking. I'm just saying they're drinking.

760
00:35:48.320 --> 00:35:55.040
All right? That's all I'm saying. Here's the thing. I'm going to show you the website,

761
00:35:55.040 --> 00:35:58.720
the United States Patent Tribune. Yeah, those are good things. Yeah, those are good things.

762
00:35:58.720 --> 00:36:04.240
Kombucha. Cheryl's good. Coffee's good. All right. So, let's see. I'm going to show you

763
00:36:04.240 --> 00:36:13.120
the USPTO website. If you go to www.uspto.gov, I'm going to show you a resource that's available

764
00:36:13.120 --> 00:36:21.920
to every single person here that's free, that you can play around with it any way you want.

765
00:36:22.560 --> 00:36:28.960
This is the United States Patent and Trademark Office website, okay?

766
00:36:30.400 --> 00:36:35.520
Now, it's at www.uspto.gov. Larissa, can you just drop that in the chat, www.uspto.gov?

767
00:36:35.520 --> 00:36:40.480
All right. So, if you go to trademarks right here on the trademarks, you'll see under application

768
00:36:40.480 --> 00:36:46.480
process an option that says searching trademarks. Do you see that? It's right here. Let me see if I

769
00:36:46.480 --> 00:36:53.600
can. It's my three dots. Everything is so, there it is. Three dots. Let's make it even bigger.

770
00:36:54.720 --> 00:37:00.000
Bigger. There we go. Is that better? I think that's going to be better for everybody. Okay.

771
00:37:00.000 --> 00:37:04.240
So, there's trademarks and there's searching trademarks. See that? You click searching

772
00:37:04.240 --> 00:37:10.640
trademarks. Now, right under there, you see search trademark database. See that?

773
00:37:11.200 --> 00:37:17.440
You click on either one of these links, either this one that says TEAS or this button here that

774
00:37:17.440 --> 00:37:23.760
says search our trademark database. They both do the same thing. So, you click on that. Now,

775
00:37:24.480 --> 00:37:31.280
now you get to play around for free because you now know about the site, okay? If you click

776
00:37:31.280 --> 00:37:39.920
on this link right here, basic word mark, you can type in the word like Nike and see what goes.

777
00:37:41.040 --> 00:37:46.400
Oh my gosh, 178 records. Now, you've got to go through them one by one. I'm going to show you

778
00:37:46.400 --> 00:37:52.720
a secret to the system so that you don't have to go through them one by one, okay? So, if you go back,

779
00:37:54.480 --> 00:37:58.640
instead of choosing that first option, basic word mark, choose the second one.

780
00:38:00.160 --> 00:38:08.880
It says word and or design mark search. Click on that one, all right? Now, you're going to get

781
00:38:08.880 --> 00:38:14.640
a field to enter whatever you want. You can type in Nike again, right? But now you get this

782
00:38:14.640 --> 00:38:21.840
drop-down box. See this drop-down box here? You click down and you can just select. You're going

783
00:38:21.840 --> 00:38:25.520
to get the recording so you can do this on your own and play around with this all you want. And

784
00:38:25.520 --> 00:38:31.200
I want you guys to kind of, as homework, I want you to go in and do a search. Search for your

785
00:38:31.200 --> 00:38:38.000
own company name, okay? Whatever your company name is, search for your company name and see what you

786
00:38:38.000 --> 00:38:42.240
see. See what pops up, okay? Just so you have an idea. If you never did a trademark search, it's

787
00:38:42.240 --> 00:38:49.280
really helpful to know, am I using a name that actually belongs to somebody else? It's much

788
00:38:49.280 --> 00:38:55.760
better to change things now than when you're way down the road and doing incredibly well and then

789
00:38:55.760 --> 00:39:00.480
all of a sudden somebody comes out of the woodwork and sues you or sends you a cease and desist

790
00:39:00.480 --> 00:39:07.440
letter because you're using quote-unquote their trademark, all right? So now, what you can select

791
00:39:07.440 --> 00:39:14.400
here is non-punctuated word mark. That's the one I would use. You could select full mark, which means

792
00:39:14.400 --> 00:39:19.760
it's the full trademark. I wouldn't select that because then you're only going to get the exact

793
00:39:19.760 --> 00:39:26.240
same thing as what you type. But how many of you know that somebody might spell Nike, N-I-K-E?

794
00:39:26.240 --> 00:39:33.520
But somebody might spell it N-I-K-Y? Somebody might spell it N-I-K-I-E? They all sound the same.

795
00:39:34.480 --> 00:39:40.960
So since they all sound the same, you may still run into an issue with trademark infringement.

796
00:39:40.960 --> 00:39:48.240
So searching for the exact same mark, in my opinion, is not beneficial. I would select the

797
00:39:48.240 --> 00:39:55.200
non-punctuated word mark. So now, right now where it says Nike and non-punctuated word mark, if I did

798
00:39:55.200 --> 00:39:59.840
the search now, I submit the query. Do you notice how it

799
00:40:00.000 --> 00:40:03.680
It says the same thing that we saw before, 148 results.

800
00:40:03.680 --> 00:40:06.580
Notice that it's the same thing, right?

801
00:40:06.580 --> 00:40:11.160
Well, if I go back, I can use the second field

802
00:40:11.160 --> 00:40:16.080
to make it, to get the search more narrow, okay?

803
00:40:16.080 --> 00:40:18.320
So I'm gonna show you how to do that now.

804
00:40:18.320 --> 00:40:21.120
And then tomorrow we're gonna go into it in more detail.

805
00:40:21.120 --> 00:40:23.040
And we're gonna talk a little bit more about trademarks.

806
00:40:23.040 --> 00:40:25.480
I'm gonna take a few of your questions live also,

807
00:40:25.480 --> 00:40:27.000
which I haven't done before,

808
00:40:27.000 --> 00:40:28.640
but I'm gonna do it anyway, so.

809
00:40:28.720 --> 00:40:30.960
All right, so if you click and,

810
00:40:32.400 --> 00:40:35.880
now you can come in here and you can describe

811
00:40:35.880 --> 00:40:36.720
whatever you want.

812
00:40:36.720 --> 00:40:38.600
You can say, well, this is gonna be for sneakers.

813
00:40:38.600 --> 00:40:40.100
So I'm gonna type in sneakers.

814
00:40:41.400 --> 00:40:43.160
And then I'm gonna come over here in the field

815
00:40:43.160 --> 00:40:44.120
and I'm gonna say,

816
00:40:44.120 --> 00:40:47.180
those are the types of goods and services, okay?

817
00:40:48.440 --> 00:40:50.320
Goods and services.

818
00:40:50.320 --> 00:40:52.340
Now, if I submit the query,

819
00:40:53.760 --> 00:40:57.000
when you do the search, you see how nothing came up?

820
00:40:59.320 --> 00:41:00.760
Do you know why that is?

821
00:41:00.760 --> 00:41:01.920
I'm gonna show you why.

822
00:41:01.920 --> 00:41:02.920
Let me show you why.

823
00:41:12.720 --> 00:41:15.240
Now, I just did three different searches.

824
00:41:16.160 --> 00:41:17.560
This is why you have to be careful

825
00:41:17.560 --> 00:41:19.280
if you do a very narrow search.

826
00:41:19.280 --> 00:41:21.720
I did three different searches.

827
00:41:21.720 --> 00:41:26.720
I did one search for the word Nike alone had 148 results.

828
00:41:27.360 --> 00:41:30.320
I did a second search for Nike and sneakers,

829
00:41:30.320 --> 00:41:33.360
because I figured, well, Nike has sneakers, right?

830
00:41:33.360 --> 00:41:35.720
But when I did the query, nothing came up.

831
00:41:35.720 --> 00:41:38.560
So I might think that Nike is clear.

832
00:41:38.560 --> 00:41:40.680
But then I went in and I said,

833
00:41:40.680 --> 00:41:43.520
well, what about like footwear?

834
00:41:43.520 --> 00:41:45.280
Nothing came up.

835
00:41:45.280 --> 00:41:50.280
So then I looked up shoes and that's when it came up.

836
00:41:50.440 --> 00:41:52.060
So when I click on this,

837
00:41:53.060 --> 00:41:57.060
you know, here's Nike athletic shoes with spikes

838
00:41:57.060 --> 00:41:59.460
and athletic, there's the information.

839
00:41:59.460 --> 00:42:02.020
Since 1972, it was filed.

840
00:42:02.020 --> 00:42:04.100
It's a registration.

841
00:42:04.100 --> 00:42:06.700
Last owner, Nike Corporation.

842
00:42:06.700 --> 00:42:08.960
So why am I going through this with you?

843
00:42:09.820 --> 00:42:12.540
What I'm trying to show you is that

844
00:42:12.540 --> 00:42:16.060
what I just did is a very top level,

845
00:42:16.060 --> 00:42:18.140
and we're gonna do it again tomorrow in more detail,

846
00:42:18.140 --> 00:42:20.180
but I just, I wanted to show you something real quick

847
00:42:20.180 --> 00:42:21.260
to give you an idea.

848
00:42:22.180 --> 00:42:24.740
I just showed you a very top level search,

849
00:42:24.740 --> 00:42:27.020
very top level search, okay?

850
00:42:27.020 --> 00:42:29.660
You should not depend 100% on the search

851
00:42:29.660 --> 00:42:30.740
that you do yourself.

852
00:42:31.620 --> 00:42:33.320
The tools that you're gonna be learning here

853
00:42:33.320 --> 00:42:36.060
over the next five days are things to make it

854
00:42:36.060 --> 00:42:38.060
so that you can work better with your lawyers,

855
00:42:38.060 --> 00:42:40.860
spend less time with your lawyers, right?

856
00:42:40.860 --> 00:42:42.260
So you're not spending,

857
00:42:42.260 --> 00:42:44.100
you're not searching 10 different terms.

858
00:42:44.100 --> 00:42:45.940
You're searching two with your lawyers

859
00:42:45.940 --> 00:42:48.720
because you already knocked out eight of them, right?

860
00:42:48.720 --> 00:42:50.940
That's gonna decrease your legal costs.

861
00:42:52.180 --> 00:42:54.140
Okay, because you're gonna go to your lawyers

862
00:42:54.140 --> 00:42:57.660
for things that you need to talk to your lawyer about.

863
00:42:57.660 --> 00:43:00.980
How many of you here go to a car mechanic and say,

864
00:43:00.980 --> 00:43:02.500
can you please look at my car

865
00:43:02.500 --> 00:43:04.100
and fix everything that's wrong with it?

866
00:43:04.100 --> 00:43:06.340
Just by a show of hands, just raise your hand.

867
00:43:06.340 --> 00:43:07.180
What, nobody?

868
00:43:07.180 --> 00:43:08.780
Are you serious?

869
00:43:08.780 --> 00:43:09.620
Oh, oh, okay.

870
00:43:09.620 --> 00:43:12.140
Jewel, are you rich, Jewel?

871
00:43:12.140 --> 00:43:13.460
Do we not know that you're,

872
00:43:13.460 --> 00:43:14.900
okay, I just was checking, all right?

873
00:43:14.900 --> 00:43:18.040
So the point being that you don't do that.

874
00:43:18.040 --> 00:43:18.880
Why?

875
00:43:19.240 --> 00:43:22.800
There's a lot of things that could be wrong, right?

876
00:43:22.800 --> 00:43:23.680
A lot of things.

877
00:43:23.680 --> 00:43:26.120
And you can end up spending more money on fixing your car

878
00:43:26.120 --> 00:43:29.360
than your car is worth, quite frankly, okay?

879
00:43:29.360 --> 00:43:33.160
So what I'm showing you here are tools to make it

880
00:43:33.160 --> 00:43:35.760
so that you become more efficient,

881
00:43:35.760 --> 00:43:37.200
you decrease the number of issues

882
00:43:37.200 --> 00:43:39.020
that you bring before your lawyers.

883
00:43:39.020 --> 00:43:40.480
And then when you go to your lawyers,

884
00:43:40.480 --> 00:43:41.920
it's on like one or two things.

885
00:43:41.920 --> 00:43:43.500
It's gonna decrease your costs,

886
00:43:43.500 --> 00:43:45.780
I'm telling you, exponentially.

887
00:43:45.780 --> 00:43:49.340
And it's gonna make it so that you're more at peace

888
00:43:49.340 --> 00:43:51.240
when you work with attorneys.

889
00:43:51.240 --> 00:43:53.180
It's gonna be easier when you work with attorneys

890
00:43:53.180 --> 00:43:54.820
because you know the lingo

891
00:43:54.820 --> 00:43:57.700
and nobody can try to sell you

892
00:43:57.700 --> 00:43:59.140
something that you don't need, all right?

893
00:43:59.140 --> 00:44:00.300
I'm not saying lawyers do that.

894
00:44:00.300 --> 00:44:02.900
I'm just saying nobody can try to sell you

895
00:44:02.900 --> 00:44:04.380
something that you don't need, okay?

896
00:44:04.380 --> 00:44:05.220
All right.

897
00:44:06.140 --> 00:44:08.440
I'm gonna dig in a little more into trademarks.

898
00:44:08.440 --> 00:44:09.780
Take a few questions here.

899
00:44:09.780 --> 00:44:11.380
Let me see if there's any good questions

900
00:44:11.380 --> 00:44:12.740
that have been posted here.

901
00:44:13.740 --> 00:44:17.780
Connie asked, do I have to do a search again

902
00:44:17.780 --> 00:44:19.920
if I already searched?

903
00:44:19.920 --> 00:44:20.900
Good question.

904
00:44:20.900 --> 00:44:21.740
All right.

905
00:44:21.740 --> 00:44:25.900
So there are different types of searches here, okay?

906
00:44:25.900 --> 00:44:29.060
What I'm showing you is what I call a top level search.

907
00:44:29.060 --> 00:44:30.700
It's a knockout search.

908
00:44:30.700 --> 00:44:33.420
You should not rely upon your own searches.

909
00:44:33.420 --> 00:44:35.940
Do not rely upon your own searches, okay?

910
00:44:35.940 --> 00:44:38.820
What you're doing is you're taking all of your options

911
00:44:38.820 --> 00:44:41.700
and you're decreasing the number of trademarks

912
00:44:41.700 --> 00:44:44.420
that are potentially available for you to own.

913
00:44:44.420 --> 00:44:45.900
So you had 10 different names.

914
00:44:45.900 --> 00:44:47.460
You brought it down to two.

915
00:44:47.460 --> 00:44:49.980
Now you take your two and you go to your attorney and say,

916
00:44:49.980 --> 00:44:52.900
hey, I want you to do a trademark search for these two,

917
00:44:52.900 --> 00:44:55.060
a professional search on these two,

918
00:44:55.060 --> 00:44:57.580
and tell me which of these is available

919
00:44:57.580 --> 00:44:59.940
because you already knocked out eight of them.

920
00:45:00.000 --> 00:45:03.640
The alternative is you would have gone to your lawyer

921
00:45:03.640 --> 00:45:07.840
with 10 names and they would have charged you $800

922
00:45:07.840 --> 00:45:12.420
per search from Thomson Reuters plus $400 for their review,

923
00:45:12.420 --> 00:45:15.680
maybe $1,200, let's round it down to a thousand.

924
00:45:15.680 --> 00:45:18.240
You would have spent $10,000 in trademark searches

925
00:45:19.580 --> 00:45:22.700
unnecessarily when you could have knocked out

926
00:45:22.700 --> 00:45:24.020
eight of them yourself.

927
00:45:25.200 --> 00:45:26.680
That's what I'm showing you how to do

928
00:45:26.680 --> 00:45:29.220
is to knock out the things that are unnecessary.

929
00:45:29.260 --> 00:45:31.620
Now you go to your lawyer with the two instead of the 10

930
00:45:31.620 --> 00:45:33.900
and it's two grand instead of 10 grand.

931
00:45:33.900 --> 00:45:35.380
Is that helpful?

932
00:45:35.380 --> 00:45:36.700
Does that help you guys?

933
00:45:36.700 --> 00:45:39.060
That should make your life a lot easier, okay?

934
00:45:39.060 --> 00:45:40.920
And tomorrow we're gonna go into deeper

935
00:45:40.920 --> 00:45:42.580
in how to do a trademark search

936
00:45:42.580 --> 00:45:45.480
and all the parts of a trademark application, all right?

937
00:45:45.480 --> 00:45:47.540
Just so that you understand it in more detail.

938
00:45:47.540 --> 00:45:49.940
So you're doing this top level search,

939
00:45:49.940 --> 00:45:52.500
that's your knockout, now you can go to your attorney

940
00:45:52.500 --> 00:45:54.700
and say, hey, I need a professional search done.

941
00:45:54.700 --> 00:45:55.700
Now they can use,

942
00:45:55.700 --> 00:45:57.920
there's a company called Thomson Reuters.

943
00:45:57.920 --> 00:45:59.600
You can look this up online.

944
00:46:00.720 --> 00:46:03.280
They will get you, this company is awesome.

945
00:46:03.280 --> 00:46:04.400
You know what I'm gonna do?

946
00:46:04.400 --> 00:46:05.720
If you're not in the Facebook group,

947
00:46:05.720 --> 00:46:07.120
you gotta get into Facebook group.

948
00:46:07.120 --> 00:46:08.760
I'm telling you, get in there

949
00:46:08.760 --> 00:46:10.960
because I'm gonna be posting links for you.

950
00:46:10.960 --> 00:46:13.400
I'm gonna be posting bonuses, resources,

951
00:46:13.400 --> 00:46:15.200
they're all gonna be in there, all right?

952
00:46:15.200 --> 00:46:16.080
So if you're not in there,

953
00:46:16.080 --> 00:46:19.000
you're gonna miss out on a lot of good stuff, okay?

954
00:46:19.000 --> 00:46:21.940
I'm gonna post the link for Thomson Reuters in there.

955
00:46:23.320 --> 00:46:25.960
You can actually hire this company yourself

956
00:46:25.960 --> 00:46:28.540
but I would strongly suggest you do it through an attorney

957
00:46:28.540 --> 00:46:31.120
because you're not gonna know what to do with the results.

958
00:46:31.120 --> 00:46:32.200
So make sure that the lawyer

959
00:46:32.200 --> 00:46:33.600
actually looks at the results for you

960
00:46:33.600 --> 00:46:37.720
and tells you what you can use and what you can't use, okay?

961
00:46:38.720 --> 00:46:41.480
All right, Aurelio is asking questions

962
00:46:41.480 --> 00:46:44.840
about music and clothing, that's trademarks.

963
00:46:44.840 --> 00:46:47.520
Music goes into, I'm sorry, is copyright.

964
00:46:47.520 --> 00:46:50.220
We're gonna cover that in two days.

965
00:46:50.220 --> 00:46:52.480
Clothing designers, logos.

966
00:46:52.480 --> 00:46:54.720
When you're looking at logos,

967
00:46:54.720 --> 00:46:56.960
logos are protectable by trademarks.

968
00:46:56.960 --> 00:46:58.760
Think of the Nike swoosh.

969
00:46:58.760 --> 00:47:01.960
Think of, gosh, there's so many of them,

970
00:47:01.960 --> 00:47:04.160
so many different trademarks that are out there.

971
00:47:04.160 --> 00:47:06.680
So, I mean, think of the Apple logo.

972
00:47:06.680 --> 00:47:09.880
All those are protectable under trademark law.

973
00:47:09.880 --> 00:47:13.480
So we're gonna talk a little bit more about trademarks now.

974
00:47:13.480 --> 00:47:17.880
Let me go into something that's a little more simple first

975
00:47:19.960 --> 00:47:21.320
because we just went a little thick.

976
00:47:21.320 --> 00:47:23.800
So let me go a little simple here, okay.

977
00:47:23.800 --> 00:47:27.160
How many of you here have filed the name of your company

978
00:47:27.160 --> 00:47:28.480
with the secretary of state

979
00:47:28.480 --> 00:47:31.560
or with some kind of state entity?

980
00:47:31.560 --> 00:47:34.160
All right, so that's the name of your company, right?

981
00:47:34.160 --> 00:47:36.520
Now, how many of you actually did a trademark search

982
00:47:36.520 --> 00:47:37.680
before you did that?

983
00:47:38.980 --> 00:47:40.080
Yeah, okay.

984
00:47:40.080 --> 00:47:42.320
I wanna explain something to you, all right?

985
00:47:44.520 --> 00:47:46.880
When you go onto the secretary of state

986
00:47:47.960 --> 00:47:51.180
and you search under the corporate names,

987
00:47:51.180 --> 00:47:53.460
that is not a listing of trademarks.

988
00:47:54.360 --> 00:47:58.360
That's a listing of corporate names only, okay?

989
00:47:59.200 --> 00:48:00.120
What does that mean?

990
00:48:00.120 --> 00:48:05.120
That means that the company that you filed for,

991
00:48:05.640 --> 00:48:08.120
the name that you filed for may in fact

992
00:48:08.120 --> 00:48:11.040
still infringe trademarks of other people.

993
00:48:13.040 --> 00:48:15.600
That's really important to understand.

994
00:48:15.600 --> 00:48:18.200
There's a number of people in a number of groups

995
00:48:18.200 --> 00:48:21.160
that I'm involved in where I've done searches on my own

996
00:48:21.160 --> 00:48:22.200
and kind of pinged them and said,

997
00:48:22.200 --> 00:48:25.760
hey, you might wanna look into your name a little bit here.

998
00:48:25.760 --> 00:48:26.600
I don't tell them what's going on.

999
00:48:26.600 --> 00:48:28.160
I just say, you might wanna look into your name,

1000
00:48:28.160 --> 00:48:29.400
just gotta give them a heads up

1001
00:48:29.400 --> 00:48:31.640
because I don't want them to get into trouble.

1002
00:48:31.640 --> 00:48:33.680
But the fact of the matter is you need to do

1003
00:48:33.680 --> 00:48:35.880
a trademark search for your corporate name.

1004
00:48:35.880 --> 00:48:38.040
When you go to the secretary of state site,

1005
00:48:38.880 --> 00:48:42.200
you're going to see a way to search corporate names.

1006
00:48:42.200 --> 00:48:43.680
It says, type your corporate name here.

1007
00:48:43.680 --> 00:48:45.400
You click search.

1008
00:48:45.400 --> 00:48:47.000
Every state has one.

1009
00:48:48.760 --> 00:48:51.640
The name, if it looks like it's clear,

1010
00:48:51.640 --> 00:48:54.160
that just means that nobody filed for that name

1011
00:48:54.160 --> 00:48:56.280
with that corporate name in your state.

1012
00:48:56.280 --> 00:48:57.560
That's all it means.

1013
00:48:57.560 --> 00:49:00.320
It does not mean that nobody has a federal registration

1014
00:49:00.320 --> 00:49:01.160
on that name.

1015
00:49:02.280 --> 00:49:04.040
So you may in fact, get this,

1016
00:49:04.040 --> 00:49:07.640
you may in fact be able to file for Nike shoes

1017
00:49:09.080 --> 00:49:10.880
as a corporate name in your state,

1018
00:49:10.880 --> 00:49:13.960
even though Nike owns the trademark.

1019
00:49:15.400 --> 00:49:18.760
That makes no sense whatsoever, but you could do that.

1020
00:49:18.760 --> 00:49:20.720
And then all of a sudden you end up in a lawsuit.

1021
00:49:20.720 --> 00:49:22.080
We don't want that.

1022
00:49:22.080 --> 00:49:24.960
So the mere fact that you have your corporate name

1023
00:49:24.960 --> 00:49:27.720
registered with your state does not mean

1024
00:49:27.720 --> 00:49:29.040
that you can use it.

1025
00:49:29.960 --> 00:49:31.720
So I want you to understand that.

1026
00:49:31.720 --> 00:49:34.640
Get a trademark search done.

1027
00:49:34.640 --> 00:49:36.440
Make sure that it's clear.

1028
00:49:37.320 --> 00:49:39.800
I've had many times that I've gotten calls.

1029
00:49:39.800 --> 00:49:42.800
I got a call, what, two weeks ago?

1030
00:49:42.800 --> 00:49:45.640
Woman in Canada is providing,

1031
00:49:48.160 --> 00:49:49.440
some of you may not understand this,

1032
00:49:49.440 --> 00:49:51.240
but heart healing, right?

1033
00:49:51.240 --> 00:49:54.560
Emotional heart healing kind of work, okay?

1034
00:49:54.560 --> 00:49:57.480
And so she's been through a program

1035
00:49:57.480 --> 00:49:59.160
and so she's providing those services

1036
00:49:59.160 --> 00:50:00.200
and she had a name.

1037
00:50:00.000 --> 00:50:01.760
for a company.

1038
00:50:01.760 --> 00:50:04.200
She received a cease and desist letter

1039
00:50:04.200 --> 00:50:06.200
from a company in the United States,

1040
00:50:06.200 --> 00:50:07.740
exact same name,

1041
00:50:07.740 --> 00:50:09.960
said you're committing trademark infringement.

1042
00:50:09.960 --> 00:50:12.600
Guess what the other company was providing?

1043
00:50:12.600 --> 00:50:14.920
Heart healing services, same thing.

1044
00:50:14.920 --> 00:50:16.920
They're both Christian companies,

1045
00:50:16.920 --> 00:50:19.140
but one of them had rights to the name,

1046
00:50:19.140 --> 00:50:19.980
the other one didn't,

1047
00:50:19.980 --> 00:50:22.240
and the other one had to get shut down.

1048
00:50:22.240 --> 00:50:23.880
So she had to change the name of her company,

1049
00:50:23.880 --> 00:50:27.520
her website, her services, all sorts of things.

1050
00:50:27.520 --> 00:50:29.720
So get it right in the beginning,

1051
00:50:29.720 --> 00:50:32.840
then you don't run into any of these issues, okay?

1052
00:50:32.840 --> 00:50:34.480
All right, oh, that's a good question.

1053
00:50:34.480 --> 00:50:36.880
Jewel just asked about DBAs.

1054
00:50:36.880 --> 00:50:39.080
Okay, that's a good question, Jewel.

1055
00:50:39.080 --> 00:50:43.440
So DBA, that's basically like doing business as, right?

1056
00:50:43.440 --> 00:50:46.640
So let's say my company's called ATE Challenges,

1057
00:50:46.640 --> 00:50:50.800
but I might have like DBA Elite Challenges, right?

1058
00:50:50.800 --> 00:50:53.680
That might be what I go by, okay?

1059
00:50:53.680 --> 00:50:56.080
You should be searching for both,

1060
00:50:56.080 --> 00:50:58.440
what you're registering for and your DBA.

1061
00:50:58.440 --> 00:51:00.040
You should be searching them both,

1062
00:51:00.040 --> 00:51:02.920
because either one you can run into problems with, okay?

1063
00:51:02.920 --> 00:51:04.720
Now, when you file a trademark application,

1064
00:51:04.720 --> 00:51:07.160
which I'm gonna demonstrate in the VIP session,

1065
00:51:07.160 --> 00:51:08.200
I'm gonna walk people through

1066
00:51:08.200 --> 00:51:09.940
filing a trademark application.

1067
00:51:11.200 --> 00:51:15.480
In VIP, you'll see there's an option to select on the form

1068
00:51:15.480 --> 00:51:17.640
when you're filing your application,

1069
00:51:17.640 --> 00:51:20.140
you can select the DBA option,

1070
00:51:21.120 --> 00:51:24.280
and then you type in your DBA, okay?

1071
00:51:24.280 --> 00:51:27.640
So we'll go into that tomorrow in the VIP session.

1072
00:51:28.400 --> 00:51:30.480
All right, let me talk a little bit about

1073
00:51:32.440 --> 00:51:34.480
rights that you may have already,

1074
00:51:34.480 --> 00:51:35.960
because we're talking about a lot of things

1075
00:51:35.960 --> 00:51:37.960
that some of you haven't done searches,

1076
00:51:37.960 --> 00:51:40.200
now you know you need to do a trademark search.

1077
00:51:40.200 --> 00:51:42.520
We're gonna do another search tomorrow.

1078
00:51:42.520 --> 00:51:44.400
So I just wanna give you kind of a preview

1079
00:51:44.400 --> 00:51:45.280
of what it looks like.

1080
00:51:45.280 --> 00:51:46.200
You know what a site is,

1081
00:51:46.200 --> 00:51:48.600
you can go online and play with it yourself.

1082
00:51:48.600 --> 00:51:50.600
Nobody's charging you.

1083
00:51:50.600 --> 00:51:52.440
There's no $600 an hour,

1084
00:51:52.440 --> 00:51:54.320
you can do it all yourself for free.

1085
00:51:54.320 --> 00:51:55.160
And you guess what?

1086
00:51:55.160 --> 00:51:56.200
You can go live and say,

1087
00:51:56.280 --> 00:51:57.840
I did the search and it didn't work.

1088
00:51:57.840 --> 00:51:58.680
What's this guy?

1089
00:51:58.680 --> 00:51:59.680
I don't get it.

1090
00:51:59.680 --> 00:52:01.360
Go live, say that.

1091
00:52:01.360 --> 00:52:03.720
And then we can jump in and show you how to fix it.

1092
00:52:03.720 --> 00:52:04.880
Like for these five days,

1093
00:52:04.880 --> 00:52:08.320
you can get all the guidance you want, like do it.

1094
00:52:08.320 --> 00:52:10.520
Okay, because this does not exist.

1095
00:52:10.520 --> 00:52:12.240
I'm telling you, there are no lawyers out there

1096
00:52:12.240 --> 00:52:14.200
seeking to help you for 95 bucks.

1097
00:52:14.200 --> 00:52:16.840
Just so you know, it does not exist, okay?

1098
00:52:16.840 --> 00:52:20.960
All right, so let's talk about what rights you may have now.

1099
00:52:22.120 --> 00:52:24.600
All right, under what's called common law.

1100
00:52:25.480 --> 00:52:27.360
Somebody type in the chat common law.

1101
00:52:28.200 --> 00:52:30.560
Oh, thank you, Aurelia, I appreciate that.

1102
00:52:35.560 --> 00:52:37.360
Yeah, some people are actually asking,

1103
00:52:37.360 --> 00:52:39.520
do you do the deep dive trademark search?

1104
00:52:39.520 --> 00:52:41.600
And yeah, we do that in VIP.

1105
00:52:41.600 --> 00:52:44.760
I'm gonna do another search tomorrow with people quick here,

1106
00:52:44.760 --> 00:52:46.680
but in VIP, we're gonna go really deep

1107
00:52:46.680 --> 00:52:48.800
into doing it step-by-step

1108
00:52:48.800 --> 00:52:51.600
and allow people to ask questions while we're doing it.

1109
00:52:52.960 --> 00:52:53.800
All right, there we go.

1110
00:52:53.800 --> 00:52:56.480
Common law, common law, awesome, thank you, common law.

1111
00:52:56.480 --> 00:52:57.680
The reason why I'm asking you to do this

1112
00:52:57.680 --> 00:53:01.000
is because most of you will never have heard that term,

1113
00:53:01.000 --> 00:53:04.120
and that term is gonna save many of your companies,

1114
00:53:05.000 --> 00:53:07.440
and many of you have never heard of it, okay?

1115
00:53:07.440 --> 00:53:09.600
So this principle here, there you go, common law,

1116
00:53:09.600 --> 00:53:11.560
that's what I wanna see, good, all right.

1117
00:53:11.560 --> 00:53:15.160
Listen up, this may save your companies, okay?

1118
00:53:15.160 --> 00:53:18.320
There's a gentleman who was in the last challenge.

1119
00:53:18.320 --> 00:53:19.720
He is amazing.

1120
00:53:20.600 --> 00:53:23.280
He has a cookie company, right?

1121
00:53:23.800 --> 00:53:25.840
Many people know who he is, they're already smiling.

1122
00:53:25.840 --> 00:53:28.760
He is, I love him as a brother.

1123
00:53:28.760 --> 00:53:32.120
He's amazing, brilliant guy, great entrepreneur.

1124
00:53:32.120 --> 00:53:34.920
But the problem was that he had a name

1125
00:53:34.920 --> 00:53:38.240
for his company a while ago, right?

1126
00:53:38.240 --> 00:53:40.160
Then he received a cease and desist letter

1127
00:53:40.160 --> 00:53:42.560
from a big company, big, big company,

1128
00:53:42.560 --> 00:53:44.480
and says, you can't use that name.

1129
00:53:44.480 --> 00:53:46.720
Stop using that name now.

1130
00:53:46.720 --> 00:53:48.720
That's what they said, okay?

1131
00:53:48.720 --> 00:53:53.200
Now he, you know, little startup said, oh my gosh,

1132
00:53:53.320 --> 00:53:56.240
I don't want litigation, I don't want a problem, okay.

1133
00:53:56.240 --> 00:53:58.200
So he changed the name of his company,

1134
00:53:58.200 --> 00:54:00.200
pulled product from the shelf.

1135
00:54:00.200 --> 00:54:01.640
Like this is expensive, guys.

1136
00:54:01.640 --> 00:54:04.520
If you guys are not like serial entrepreneurs,

1137
00:54:04.520 --> 00:54:06.760
what I'm talking about can cost tens to hundreds

1138
00:54:06.760 --> 00:54:09.200
of thousands of dollars to fix, all right?

1139
00:54:09.200 --> 00:54:12.640
Changed his website, changed the stencil on his packaging,

1140
00:54:12.640 --> 00:54:14.840
pulled packaging from the shelves,

1141
00:54:14.840 --> 00:54:16.880
changed his marketing material, everything,

1142
00:54:16.880 --> 00:54:19.720
and had to start over, right?

1143
00:54:19.720 --> 00:54:22.280
Now here's the thing that he didn't know, okay?

1144
00:54:23.320 --> 00:54:28.000
Under common law, he actually owned the name.

1145
00:54:31.080 --> 00:54:32.440
That blew his mind.

1146
00:54:32.440 --> 00:54:35.520
Like when he learned that, he said, are you serious?

1147
00:54:35.520 --> 00:54:38.800
Do you have any idea how much money I spent fixing that?

1148
00:54:38.800 --> 00:54:41.560
I said, yeah, yeah, I know, I know.

1149
00:54:41.560 --> 00:54:44.720
So this is the way common law works.

1150
00:54:44.720 --> 00:54:49.720
If you use a trademark in interstate commerce,

1151
00:54:49.840 --> 00:54:52.000
that means across state lines,

1152
00:54:52.000 --> 00:54:54.760
or even in interstate commerce, okay?

1153
00:54:54.760 --> 00:54:58.400
And you've been using it, and somebody else comes along

1154
00:54:58.400 --> 00:55:00.040
and gets a federal registration.

1155
00:55:00.000 --> 00:55:04.800
on that exact same name, listen to this,

1156
00:55:04.800 --> 00:55:09.520
you get to continue using it in the geographical regions

1157
00:55:09.520 --> 00:55:11.080
where you're already using it.

1158
00:55:11.080 --> 00:55:13.560
That's called common law rights, okay?

1159
00:55:13.560 --> 00:55:15.680
Now, I'm not telling you to go do that.

1160
00:55:15.680 --> 00:55:16.600
Talk to your lawyers,

1161
00:55:16.600 --> 00:55:19.360
make sure it pertains to your specific scenario.

1162
00:55:19.360 --> 00:55:21.400
I'm telling you what the law says.

1163
00:55:21.400 --> 00:55:24.000
Under common law trademark rights,

1164
00:55:24.000 --> 00:55:25.760
if a person has been using a trademark

1165
00:55:25.760 --> 00:55:28.400
in a specific geographical region,

1166
00:55:28.400 --> 00:55:31.200
and somebody gets a federal registration after them,

1167
00:55:31.200 --> 00:55:34.320
the person with the federal registration cannot stop

1168
00:55:34.320 --> 00:55:36.640
the person who's already been using the trademark

1169
00:55:36.640 --> 00:55:39.000
in interstate commerce, cannot stop them.

1170
00:55:40.280 --> 00:55:43.480
Now, the person who's already been using it

1171
00:55:43.480 --> 00:55:46.440
cannot branch out and get other states.

1172
00:55:46.440 --> 00:55:48.880
They can't get other geographical regions.

1173
00:55:48.880 --> 00:55:51.320
They're now stuck where they are.

1174
00:55:51.320 --> 00:55:53.080
So to give you a practical example,

1175
00:55:54.080 --> 00:55:58.320
let's say you've been using the name Feshir, right?

1176
00:55:59.240 --> 00:56:02.840
F-E-S-H-I-R, I just made it up, Feshir, okay?

1177
00:56:02.840 --> 00:56:04.400
I don't believe anybody owns it.

1178
00:56:04.400 --> 00:56:05.600
Do whatever you want with it, I don't care.

1179
00:56:05.600 --> 00:56:10.600
So you're using that in, let's say, Destin, Florida,

1180
00:56:11.880 --> 00:56:16.880
and you're using it for a vacuum cleaning service, okay?

1181
00:56:17.920 --> 00:56:22.920
Now, all of a sudden, Samuel, Samuel, he's smart.

1182
00:56:23.240 --> 00:56:26.360
Samuel's like, man, you know this name, Feshir?

1183
00:56:27.240 --> 00:56:29.080
I don't know, it just came to me out of nowhere.

1184
00:56:29.080 --> 00:56:31.000
I didn't even know that Sheryl was using it,

1185
00:56:31.000 --> 00:56:32.720
but it just came to me.

1186
00:56:32.720 --> 00:56:34.680
But Samuel's been through this course,

1187
00:56:34.680 --> 00:56:37.200
and Samuel says, look, I'm not playing games.

1188
00:56:37.200 --> 00:56:39.160
I'm gonna get a federal registration on that.

1189
00:56:39.160 --> 00:56:41.120
I'm gonna own all of the United States.

1190
00:56:41.120 --> 00:56:43.200
I'm not just gonna own my state.

1191
00:56:43.200 --> 00:56:44.840
I'm gonna own all of the United States.

1192
00:56:44.840 --> 00:56:48.200
So Samuel goes and he files for Feshir throughout.

1193
00:56:48.200 --> 00:56:50.960
Now, I'm not trying to make Sheryl and Samuel fight.

1194
00:56:50.960 --> 00:56:52.320
It's not what this is about.

1195
00:56:52.320 --> 00:56:54.440
Just giving you an example, all right?

1196
00:56:54.440 --> 00:56:56.080
So here's the situation.

1197
00:56:56.760 --> 00:56:58.720
Samuel gets the federal registration.

1198
00:56:58.720 --> 00:57:01.360
Now, Samuel sends a notice over to Sheryl, says,

1199
00:57:01.360 --> 00:57:03.480
hold on, hold on, I got a vacuum cleaning company

1200
00:57:03.480 --> 00:57:06.440
that's like all over the United States.

1201
00:57:06.440 --> 00:57:11.440
You gotta stop using that name in Destin, Florida.

1202
00:57:12.040 --> 00:57:15.480
Sheryl says, no, that's not the case.

1203
00:57:15.480 --> 00:57:16.760
Under common law rights,

1204
00:57:16.760 --> 00:57:19.960
I can continue using it in my geographical region.

1205
00:57:19.960 --> 00:57:23.240
Now, I can't go into like Cape Coral, Florida,

1206
00:57:23.240 --> 00:57:26.360
or I can't go into some other location in Florida

1207
00:57:26.360 --> 00:57:30.760
or any other state since Samuel now owns every other place

1208
00:57:30.760 --> 00:57:32.520
because he got a federal registration.

1209
00:57:32.520 --> 00:57:35.240
This is why if you're using your trademark

1210
00:57:35.240 --> 00:57:37.400
in interstate commerce,

1211
00:57:37.400 --> 00:57:41.360
stop playing games with state registrations and go federal.

1212
00:57:43.520 --> 00:57:45.200
Don't play games.

1213
00:57:45.200 --> 00:57:48.840
There's no reason for you to be filing a state registration

1214
00:57:48.840 --> 00:57:50.720
if you sell your products and services

1215
00:57:50.720 --> 00:57:51.880
outside of your state.

1216
00:57:52.800 --> 00:57:54.040
It makes no sense.

1217
00:57:54.040 --> 00:57:56.200
It's not that much more expensive

1218
00:57:56.200 --> 00:58:01.200
and you own every single state in all of the United States,

1219
00:58:01.320 --> 00:58:03.640
which means you can branch out anywhere you want

1220
00:58:03.640 --> 00:58:05.320
and nobody can stop you

1221
00:58:05.320 --> 00:58:06.920
and nobody can use your trademark.

1222
00:58:06.920 --> 00:58:10.760
It's yours, okay?

1223
00:58:10.760 --> 00:58:12.440
So under common law,

1224
00:58:12.440 --> 00:58:13.720
just remember under common law,

1225
00:58:13.720 --> 00:58:16.360
you can continue using the trademark

1226
00:58:16.360 --> 00:58:18.120
in your specific geographical region

1227
00:58:18.120 --> 00:58:20.120
where you're already using it.

1228
00:58:20.120 --> 00:58:23.080
Even if somebody gets a federal registration later,

1229
00:58:23.080 --> 00:58:26.000
but this is why you wanna file your federal registration

1230
00:58:26.000 --> 00:58:27.280
because a federal registration

1231
00:58:27.280 --> 00:58:31.360
gives you all the United States, okay?

1232
00:58:31.360 --> 00:58:33.960
Now there is a thing called a state registration.

1233
00:58:33.960 --> 00:58:35.160
I'm gonna close on this

1234
00:58:36.600 --> 00:58:39.560
and I'll probably go live later tonight

1235
00:58:39.560 --> 00:58:42.120
in the Facebook group just to give you some elaborations

1236
00:58:42.120 --> 00:58:43.680
and help you out on questions and stuff

1237
00:58:43.680 --> 00:58:46.440
just to interact with you just because this is fun.

1238
00:58:46.440 --> 00:58:48.640
So what I'm gonna do

1239
00:58:48.640 --> 00:58:50.600
is I'll probably elaborate a little bit

1240
00:58:50.600 --> 00:58:51.840
on the common law issue for you.

1241
00:58:51.840 --> 00:58:54.600
So if you are selling your product

1242
00:58:54.600 --> 00:58:57.760
or providing your services only in your state,

1243
00:58:57.760 --> 00:58:59.120
meaning nowhere else,

1244
00:58:59.120 --> 00:59:00.240
you're in California,

1245
00:59:00.240 --> 00:59:02.840
you don't sell product outside of California,

1246
00:59:02.840 --> 00:59:05.520
you don't provide services outside of California,

1247
00:59:05.520 --> 00:59:09.200
then you would likely do a state registration

1248
00:59:09.200 --> 00:59:12.320
because that's called intrastate commerce.

1249
00:59:12.320 --> 00:59:15.040
That's used in your state only.

1250
00:59:15.040 --> 00:59:16.400
But here's the thing,

1251
00:59:16.400 --> 00:59:18.160
with the internet,

1252
00:59:18.680 --> 00:59:19.640
I just gave you the example,

1253
00:59:19.640 --> 00:59:21.840
we're covering different countries here.

1254
00:59:21.840 --> 00:59:23.840
We're covering different states here.

1255
00:59:23.840 --> 00:59:27.640
So why would I file for ATE challenges

1256
00:59:27.640 --> 00:59:32.640
only in New Hampshire or in Massachusetts

1257
00:59:33.080 --> 00:59:34.760
when I've got people,

1258
00:59:34.760 --> 00:59:36.720
brilliant people here from California,

1259
00:59:36.720 --> 00:59:40.520
Florida, Illinois, Ohio, like everywhere.

1260
00:59:40.520 --> 00:59:43.480
So I file for all of the United States

1261
00:59:43.480 --> 00:59:46.560
and then I own all of the United States, okay?

1262
00:59:46.560 --> 00:59:48.400
Let me take a few questions here.

1263
00:59:48.400 --> 00:59:49.240
If you have questions,

1264
00:59:49.240 --> 00:59:52.040
just raise your virtual hand

1265
00:59:52.040 --> 00:59:57.040
and let me go through here and look real quick.

1266
00:59:59.720 --> 01:00:00.560
All right.

1267
01:00:00.000 --> 01:00:02.580
So Cassie says, Cassie has a really good question.

1268
01:00:02.580 --> 01:00:05.340
She says, so would I file federally,

1269
01:00:05.340 --> 01:00:08.180
not at the state level or would I do both?

1270
01:00:08.180 --> 01:00:09.520
That's a good question.

1271
01:00:09.520 --> 01:00:10.360
Okay.

1272
01:00:12.020 --> 01:00:13.220
All right.

1273
01:00:13.220 --> 01:00:15.520
If you file federally, you don't need state.

1274
01:00:17.540 --> 01:00:19.780
Cause when you file federally, you own state.

1275
01:00:21.400 --> 01:00:23.420
So if I'm located in New Hampshire

1276
01:00:24.580 --> 01:00:27.540
and I file a trademark in,

1277
01:00:27.540 --> 01:00:29.720
if I file a federal trademark application

1278
01:00:30.440 --> 01:00:32.960
with the United States Patent and Trademark Office,

1279
01:00:32.960 --> 01:00:37.960
then I own New Hampshire and every single other state

1280
01:00:38.740 --> 01:00:41.960
that my daughter would sing over and over,

1281
01:00:41.960 --> 01:00:45.440
covering from A to the last one in that song

1282
01:00:45.440 --> 01:00:46.720
that she did over and over

1283
01:00:46.720 --> 01:00:49.120
so she can memorize all the states and I can't memorize it.

1284
01:00:49.120 --> 01:00:52.120
So that every single one of those states,

1285
01:00:52.120 --> 01:00:54.680
you would own every one of the states.

1286
01:00:54.680 --> 01:00:56.760
So you don't, don't do yourself a favor.

1287
01:00:56.760 --> 01:01:00.280
Don't waste money filing state and then federal.

1288
01:01:00.280 --> 01:01:02.260
That doesn't make sense.

1289
01:01:02.260 --> 01:01:04.120
When you file federal, you own state.

1290
01:01:05.080 --> 01:01:06.400
You don't need to do it again.

1291
01:01:06.400 --> 01:01:07.240
Don't do it twice.

1292
01:01:07.240 --> 01:01:08.880
It's a waste of money.

1293
01:01:08.880 --> 01:01:10.000
Okay.

1294
01:01:10.000 --> 01:01:10.840
All right.

1295
01:01:10.840 --> 01:01:13.120
I don't see any virtual hands up.

1296
01:01:13.120 --> 01:01:15.100
So that's good.

1297
01:01:15.100 --> 01:01:15.940
So let me just look at,

1298
01:01:15.940 --> 01:01:18.040
I'll answer like maybe one more question.

1299
01:01:18.040 --> 01:01:19.740
Then we're going to jump into VIP.

1300
01:01:21.520 --> 01:01:22.360
Let's see.

1301
01:01:23.360 --> 01:01:26.280
Peter, we, good question.

1302
01:01:26.280 --> 01:01:27.880
What about international?

1303
01:01:27.880 --> 01:01:29.120
Like if you're going to be doing business

1304
01:01:29.120 --> 01:01:30.880
in multiple countries.

1305
01:01:30.880 --> 01:01:32.120
We're covering that tomorrow.

1306
01:01:32.120 --> 01:01:32.960
Okay, great.

1307
01:01:32.960 --> 01:01:34.920
Yeah, tomorrow we're going into international stuff

1308
01:01:34.920 --> 01:01:36.700
when we talk about applications.

1309
01:01:36.700 --> 01:01:38.160
Yeah.

1310
01:01:38.160 --> 01:01:39.860
Let me answer.

1311
01:01:40.880 --> 01:01:42.000
Let me see.

1312
01:01:42.000 --> 01:01:42.920
Tracy.

1313
01:01:42.920 --> 01:01:45.060
Tracy, how are you?

1314
01:01:46.440 --> 01:01:47.320
I'm wonderful.

1315
01:01:47.320 --> 01:01:48.520
This is awesome.

1316
01:01:48.520 --> 01:01:49.680
It's incredible.

1317
01:01:49.680 --> 01:01:50.520
Oh, that's awesome.

1318
01:01:50.520 --> 01:01:51.340
I'm glad it's helping.

1319
01:01:51.340 --> 01:01:52.180
That's awesome.

1320
01:01:53.020 --> 01:01:53.860
Yeah.

1321
01:01:53.860 --> 01:01:56.660
So with all the trademark information then,

1322
01:01:57.780 --> 01:01:59.900
are you really better off to go ahead

1323
01:01:59.900 --> 01:02:01.660
and do your full,

1324
01:02:01.660 --> 01:02:04.500
the actual legitimate trademark search

1325
01:02:04.500 --> 01:02:06.460
then before you get your LLC,

1326
01:02:06.460 --> 01:02:07.900
before you file for your LLC in your state?

1327
01:02:07.900 --> 01:02:09.060
Oh, absolutely.

1328
01:02:09.060 --> 01:02:11.940
100%, Tracy, 100%.

1329
01:02:11.940 --> 01:02:13.980
Because this is what people do.

1330
01:02:13.980 --> 01:02:18.020
They spend all their money like filing their LLC, right?

1331
01:02:18.020 --> 01:02:19.660
And then they go and they do a search

1332
01:02:19.660 --> 01:02:22.060
and they find out, oh my gosh,

1333
01:02:22.900 --> 01:02:25.900
the name that I use actually is owned by XYZ Corporation

1334
01:02:25.900 --> 01:02:28.900
and I'm liable for trademark infringement.

1335
01:02:28.900 --> 01:02:30.280
Now they got to change their name.

1336
01:02:30.280 --> 01:02:34.060
So now they got to go back and refile and modify things.

1337
01:02:34.060 --> 01:02:35.620
And that costs a lot of money.

1338
01:02:35.620 --> 01:02:38.080
So the way that I say it, as an example,

1339
01:02:39.160 --> 01:02:42.940
I have like, I don't know if people know Todd and Tamara.

1340
01:02:42.940 --> 01:02:46.100
They're amazing people, like absolutely amazing.

1341
01:02:46.100 --> 01:02:47.860
And so what they've actually incorporated

1342
01:02:47.860 --> 01:02:50.380
into their program now is a way,

1343
01:02:51.060 --> 01:02:53.520
they will create a 508 for you.

1344
01:02:54.420 --> 01:02:57.060
If you guys are looking at trying to create a nonprofit,

1345
01:02:57.060 --> 01:02:58.700
you guys need to look up Todd and Tamara.

1346
01:02:58.700 --> 01:03:03.420
They have a 508 formation entity.

1347
01:03:03.420 --> 01:03:05.020
They are incredible.

1348
01:03:05.020 --> 01:03:07.980
It's low cost.

1349
01:03:07.980 --> 01:03:11.620
There are more benefits than the normal 501c3s.

1350
01:03:11.620 --> 01:03:12.780
It's just incredible.

1351
01:03:12.780 --> 01:03:15.300
If you never heard of 508, look it up, all right?

1352
01:03:15.300 --> 01:03:16.580
Reach out to Todd and Tamara.

1353
01:03:16.580 --> 01:03:18.220
We can drop their information.

1354
01:03:19.220 --> 01:03:20.900
I'm happy to promote other people here

1355
01:03:20.900 --> 01:03:22.020
that are good at what they do,

1356
01:03:22.020 --> 01:03:24.060
that I know have a heart to help.

1357
01:03:24.060 --> 01:03:24.980
And they do.

1358
01:03:24.980 --> 01:03:26.780
So in their situation, what they do is

1359
01:03:26.780 --> 01:03:28.220
they close their offer.

1360
01:03:28.220 --> 01:03:30.660
And as they close their offer and people are secure,

1361
01:03:30.660 --> 01:03:33.460
like working with them and creating their 508,

1362
01:03:33.460 --> 01:03:35.280
they actually are going to provide a video

1363
01:03:35.280 --> 01:03:37.620
to train people on how to do a search.

1364
01:03:37.620 --> 01:03:39.940
So that before they actually file,

1365
01:03:39.940 --> 01:03:42.340
even though that they've closed on the offer,

1366
01:03:42.340 --> 01:03:43.960
which they need to do to take advantage

1367
01:03:43.960 --> 01:03:45.580
of what they're offering them,

1368
01:03:45.580 --> 01:03:46.900
they're getting a search done

1369
01:03:46.900 --> 01:03:49.540
before they actually use the name

1370
01:03:49.540 --> 01:03:52.300
to do in that case, the 508,

1371
01:03:52.300 --> 01:03:54.540
to make sure that they don't have to fix it.

1372
01:03:54.540 --> 01:03:56.540
Because if you follow an LLC

1373
01:03:56.540 --> 01:03:58.940
and then you've got to start over,

1374
01:03:58.940 --> 01:04:00.340
you don't have to do everything again,

1375
01:04:00.340 --> 01:04:01.460
but you have to file something

1376
01:04:01.460 --> 01:04:03.060
to change the name of the entity.

1377
01:04:03.060 --> 01:04:04.740
And now you've got to get lawyers involved

1378
01:04:04.740 --> 01:04:06.380
and it just costs a lot of money.

1379
01:04:06.380 --> 01:04:08.780
It's easier to just do it right the first time.

1380
01:04:08.780 --> 01:04:09.620
Yeah, okay.

1381
01:04:09.620 --> 01:04:10.940
So yeah, because you were talking about

1382
01:04:10.940 --> 01:04:13.220
with names of businesses,

1383
01:04:13.220 --> 01:04:14.580
you don't necessarily have to file,

1384
01:04:14.580 --> 01:04:18.180
but yet, because mine's going to be regarding real estate

1385
01:04:18.180 --> 01:04:21.820
and I plan on not just limiting it to Virginia.

1386
01:04:21.820 --> 01:04:24.180
So even though, because I've already done

1387
01:04:24.180 --> 01:04:26.740
the basic word search,

1388
01:04:26.740 --> 01:04:29.140
actually the two that you talked about,

1389
01:04:29.140 --> 01:04:30.100
I've already done that.

1390
01:04:30.100 --> 01:04:31.660
And there has been,

1391
01:04:31.660 --> 01:04:34.460
there's nothing on there with the name that I want to use.

1392
01:04:34.460 --> 01:04:37.020
However, there are like two things that I've seen

1393
01:04:37.020 --> 01:04:38.540
that are completely different fields

1394
01:04:38.540 --> 01:04:40.100
that actually have that name.

1395
01:04:40.100 --> 01:04:41.980
Only two that I've seen.

1396
01:04:41.980 --> 01:04:42.820
But it's completely-

1397
01:04:42.820 --> 01:04:44.380
Are you a VIP?

1398
01:04:44.380 --> 01:04:45.220
I'm not.

1399
01:04:48.060 --> 01:04:49.420
DM me.

1400
01:04:49.420 --> 01:04:50.260
Okay.

1401
01:04:50.260 --> 01:04:51.820
You need to be a VIP.

1402
01:04:51.820 --> 01:04:52.820
The reason why,

1403
01:04:52.820 --> 01:04:54.460
we have to figure out how to get you in there

1404
01:04:54.460 --> 01:04:56.700
because there's,

1405
01:04:56.700 --> 01:04:58.820
your specific scenario,

1406
01:04:58.820 --> 01:05:00.620
what you want to do is look at the-

1407
01:05:00.000 --> 01:05:12.000
international class to see whether or not there's an issue, right, to see if there's a likelihood of confusion. The other thing that pertains to your situation, or in this, this is not legal advice, I'm just saying, in general.

1408
01:05:12.840 --> 01:05:26.760
The other thing that kind of pertains is, if you're not using a trademark yet, there's a thing called an intent to use application. Nobody knows about this. Like, you know, one of the hardest things to do is to come out with a new name.

1409
01:05:26.760 --> 01:05:42.760
It's like, it's really hard. I've represented many, many corporations, from like startups and individuals to like billion dollar corporations, like Brookstone and like, you know, I represent Constant Contact, MIT, Harvard, others.

1410
01:05:42.760 --> 01:05:52.760
The number one thing they have problems with is coming up with an original name. So when you come up with an original name, and you're not providing the service or the goods yet,

1411
01:05:53.760 --> 01:06:06.760
you don't want to sit on that and run the risk that somebody else files for before you. So you can actually file what's called a 1B application, which is called an intent to use application, which we're going to cover tomorrow, briefly, but we go into a lot more

1412
01:06:06.760 --> 01:06:25.760
detail in VIP, Tracy. So if you can get in there, you want to get in there. Because right now, like we got to jump off because we're about to go really deep in a dive there. So anybody who is not a VIP who wants to get in, we've dropped the link. I'm going to drop off.

1413
01:06:25.760 --> 01:06:48.760
Larissa is just going to ask you like what you think about what we've done, just go live and let people know. Your homework assignment on the Facebook group, go live. What's your number one takeaway that you have learned today? Your number one takeaway, something that's important, something that jumped out at you, just go live and say what that number one takeaway is.

1414
01:06:49.760 --> 01:07:15.760
Not only are you going to help yourself, you're going to help other people here. Because when they hear it from you, it's going to spark something in them. People learn from each other. And so please go live and do that. Say this is my number one takeaway. I didn't know this or wow, I didn't see this perspective before. You know, this is good because of that. Whatever it is, go live in the Facebook group. If you're not in the Facebook group, get in there. Because tonight I'm going to start dropping even more stuff for you.

1415
01:07:15.760 --> 01:07:35.760
I'm going to jump off. Larissa, you can finish what you do. And then I will see all of you in VIP there. And if you're not there, I will see you tomorrow. Bless you guys. We'll take it day by day. Tomorrow is probably going to be the thickest day. And then it gets a lot easier as we go along. All right. All right. Talk to you guys later.