Howdy, howdy.
Hi, Jimmy, how are you today?
We're so good.
I'm doing well.
How about yourself?
Fantastic.
Indeed.
Good morning.
I'm going to pop that out.
The chat over here.
Let's see it.
So excited to see everybody today.
So excited to hear
how everyone is loving, loving, loving the challenge.
Get everybody in.
Busy day yesterday.
So many people.
I want to see the gallery.
It's going to be there.
We have Jimmy on camera.
Love to see your shiny faces.
Understand you're probably situating yourselves.
We welcome you.
Get your learning utensils ready again.
Hi, Lois.
Hi, Mary.
Hi, Peter.
Hi, Lois.
Hi, Jimmy.
I would love to hear how
day one is always amazing.
I always learn something.
Always learning.
I've heard it take seven times hearing something for it to be part of your long-term memory.
We've got to play things on repeat.
We're so excited you guys are doing your lives and posting.
If you would like to share something wonderful,
amazing that you got from yesterday
that you're going to start implementing maybe in your business,
anyone you want to share for us right away?
People are coming in.
We have brave Jimmy on camera.
I'm going to go ahead and share my screen.
Awesome.
Other than all the information
that Peter
conveyed to us yesterday,
I was overwhelmed by the support I got from the group.
When I went live,
I got really good support from the group
on my live saying have you thought of this?
I didn't expect that kind of support.
Other than the information,
which is a little overwhelming,
you do have to listen to it more than once
to ferret out what is important for you
versus what is not currently.
I really did feel pretty blessed
to get that kind of support from the rest of the group.
I just wanted to make sure I said that.
Thank you.
That is the beauty of community.
It is why we use Facebook.
It is a private group.
As we learn together,
we can do that sharing.
Your openness has helped elevate you.
Thank you for sharing that.
Good information.
Thank you to the group and each other.
Little secret,
we have previous challenge members
who are also invited
that are helping as well.
In community,
we learn better in interactions.
I so appreciate that.
Thanks for sharing, Jimmy.
Thank you.
That is it for today.
We are reflecting on day one
and what you have learned.
I would love to hear from anyone else.
Raise your hand if you would love to share
something you learned.
I have to implement this
from my business.
Let me get you spotlighted.
Unmute yourself.
It was more like,
just to say this,
I got online years ago
and went through a bunch of tutorials
for trademarking and etc.
I got online years ago
And it does not compare with just this one day with you guys.
and went through a bunch of tutorials
So it was, you know, it's dry information.
There's no interaction.
There's no aha moments.
It's just, okay, okay, okay.
You know, this is so different.
It was things that I would have loved to have asked them back then,
if they had had that available, would have changed things that I did.
And right now I'm just like, boy, do I need to hire Peter Nielsen?
And I know he says we can hire anybody, but you know, once you know somebody,
you're like, yeah, why would I go with some stranger that, yeah.
So that's, it's just huge to realize there's too many things for me to list
that my business, I went, okay, okay.
Oh, we did good there.
But, oh, oh, oh, oh, just, yeah.
Very grateful.
Spectacular.
Thank you for sharing that.
We went deep.
We went deep yesterday.
We went a lot deeper than we thought on day one.
Peter was saying like, wow, this is a fantastic group of people
who really know what they're bringing to the table as far as their own businesses.
And that is so valuable, Connie.
It really is.
Thank you for reflecting on that for someone who's like a veteran in business
and having to deal with trademarks and the like.
So we found that.
Thank you for your share.
Hey, everybody.
How are you doing?
How are you?
You guys good?
Yeah?
You're not overwhelmed?
Yeah?
We're going to go, it's funny.
I was, I was going through some of the video stuff as I was editing it.
And I was thinking about this class.
I've done this a number of times.
This is probably the deepest class that we've had.
Meaning these are a lot of people that are already doing things.
Like you guys are, a lot of you have been doing this for multiple years.
And you're fixing things.
Like you're just kind of tweaking this, tweaking that.
And you're going, oh my gosh.
So I want to take a moment first to celebrate you.
Number one, that you're here.
But number two, that, remember, you're issue spotting things.
So you're seeing things that are wrong, things you need to change.
But don't panic.
OK?
It's OK.
I mean, I had somebody in a challenge two times ago.
Not the last one, but the one before.
She called me up.
And she says, I need to change the company, the products, the services,
the packaging.
I've got to change this and that.
And so I said, OK, hold it.
So which one are we going to do first?
She says, I haven't gotten that far.
I was like, all right, well, let's back up.
Let's start with one thing.
That's all.
So what's happening is you're realizing things that need to be modified.
And that's great.
That's knowledge.
That's wisdom, right?
That's what we're seeking.
We're seeking knowledge and wisdom that we can implement into our businesses
so as to be on a solid foundation so that we can grow and take off.
Because what we don't want to do is grow and take off.
And then all of a sudden, bam, hit a wall
where we realize the stuff that we were doing belongs to somebody else.
Now we go back and we start over.
That's not happening to you guys.
We're not allowing that.
We say, no, we're going to do this right, right off the bat, OK?
So if you're finding that you need to modify things, it's OK.
We just take it one day at a time.
You know, it's kind of like realizing, oh, I need to take this vitamin.
OK, so now you add the vitamin and you start modifying things, OK?
Some of you are going to be implementing things over a few days,
few weeks, few months, and that's OK.
Don't feel like, oh, I've done everything wrong.
It's all right.
I've gotten some pings from some people who are almost in emergency mode
because they're panicking, and it's OK.
Yesterday was the same day.
It's just that you have more knowledge now.
So it's no different.
Now it's even better, OK?
All right, with that being said,
if you haven't been in a Facebook group,
I put something in there that I thought was hilarious.
Your comments are just hilarious.
So I posted this guy.
He's all excited about day two, right?
And I looked at that.
I was using Canva to create this, and he just looked too happy.
Like I'm saying, what actually made this guy that happy?
Like, did he just get a new puppy?
Like, why is he so happy?
And so I published in there.
I said, you know, are you guys ready for day two?
He is. Look how happy he is.
And then I said, OK, he looks too happy.
So the first gift that we're going to have,
I'm going to give away at midnight tonight because I stay up late.
So go in the Facebook group and write in
why you think that guy is so happy
because I can't figure it out, all right?
And some of your comments are hilarious.
Like I've been looking at some of your comments
of why you think he's so happy.
There's some really good ones there.
So I'm gonna pick whoever the winner is tonight
and I'll email you a $50 Amazon gift certificate, okay?
All right, and with that, let me take,
I'm just gonna take one more share.
So like kind of like a aha moment
or how you think this challenge is working for you
because the reason why is your feedback
is very important to me
and it's gonna help other people here as well
because I'll know like what's really working for you
and then I'll also know what are the golden nuggets
that are really important to you.
So if there's, let me get one more share from all of you.
I see a lot of names.
Yeah, I see a lot of names.
So just one more person and then we'll get started.
So just raise your virtual hand or raise your real hand
and we'll share one more.
Anybody?
I can't see all the screens.
All right, so I guess we'll just get started then.
Okay, go ahead, Angela.
I did not understand the difference
between a trademark and a copyright.
So that was valuable for me.
I have so much I have to get done in so little time.
So this class is super valuable for me
that I don't start out everything wrong.
That's the most-
That makes a lot of sense.
Yeah.
That makes a lot of sense.
And I can't tell you guys how many emails I got from you
that says I can't tell the difference
between copyright and trademark.
So we're gonna fine tune that.
Remember, tomorrow, we're gonna jump into copyright.
Today, I'm gonna give you some additional information
on copyright.
I'm gonna teach you all the parts
of a copyright application.
Separate from that, I'm going to show you
the searching a little more detail,
show you what it looks like, an actual trademark,
not only the trademark application, trademark searching,
but then I'm gonna show you also the parts of a trademark
laid out in pieces so as to take it very slow with you.
We're gonna make it a little easier today.
Day one, there's a lot of material.
Day two, it can be thick, but then day three gets easier,
four easier, and five easier.
So it's heavy loaded in the beginning
to make sure that you get some of the principles,
and then we'd start applying them and repeating them
and repeating them so that you make sure you understand them.
Ray, you said there was somebody else who had a comment?
Oh, Teresa.
Hey, Teresa.
Let's see.
Can we unmute?
Hello.
Go right ahead.
I really learned a lot yesterday,
and I just got information that I have my 508 now.
I just received all the paperwork for my 508
from Todd and Tamara, and so now I'm official.
I have an EIN number and everything,
and so it's like I'm floored,
but now I know why Satan was attacking me this morning
really, really bad.
So, I mean, I'm like-
Well, congratulations.
Like I said on my video,
I pray the Holy Spirit holds my brain together
because it's like wants to explode.
Yeah.
No, that's phenomenal.
Way to go.
I mean, I'm glad you got your EIN.
That means you're on your way, which is great.
So, I'm excited for you.
Yeah, I'm a little bit dizzled.
So, now I've got a...
I did search my name yesterday,
and there's four words in my name.
We're going to go into that right now.
Literally, how do you do a search
if there's multiple names?
And also the other part is
what if there's a logo with a name?
We're going to go into that as well.
So, let's jump into that.
Because I had a logo made by somebody in my hub.
And so, I asked her if I could get rights to it
and this and that.
Yeah, crazy.
Are you in VIP also?
Yes.
Okay, good.
We're going to dig into that more there as well.
Okay, good.
All right.
Ray, did you say there was somebody else
who wanted to share?
Okay, good.
All right, let's jump in.
Let's jump in.
All right.
So, a few things I want to cover right off the bat
because this might seem a little complicated,
but I want to kind of simplify it for you.
I'm going to show you an example of a situation
where somebody uses.
Both a logo and a, um, a word mark.
Okay.
Because it's not always the case that somebody uses one or the other.
Sometimes I use both.
So people will recognize this Nike, right?
Everybody recognize Nike.
Okay.
Now there's usually a phrase that's underneath it.
Somebody tell me what's the phrase underneath it.
Type it in the chat.
Let's see if people remember it.
Yep.
Just do it.
That's it, Samuel.
Well done.
That's it, Sandy.
That's it, Sierra.
So what you'll typically see with Nike is that they have three
trademarks on top of each other.
So they'll say Nike, then they'll have the swoosh, then I'll have just do it.
Okay.
So one of the questions that I received from you was, well, do you have to use
the circle are when you get the federal registration on all of them or just one
or two of them, like, how do you do it?
Everything that has a registration, you want the circle are next to.
That's the general rule.
So Nike owns the name Nike, which is right here.
And I K E and you see the circle are, and you typically put it on the top, right?
That's typically where you put it on a word mark.
Okay.
Then separate from that, they have the swoosh.
You see that swoosh there.
It looks like a check Mark.
They own that as well.
And you see how they have a circle are there as well.
Now I've seen people use the circle are here.
I've seen them put them on the top, right?
As well.
I've seen them on the bottom, right?
There's really no a hundred percent, always in the right place.
Some people put it in different places, but the point being the
name is federally registered.
So that has a circle are.
The swoosh is federally registered.
So that has a circle are now, if it said underneath it, just do it.
Again, there will be a circle are next to that.
What is on the top, right?
That's typically where it would be.
Okay.
That makes sense.
Pretty straightforward.
So if you have multiple trademarks that you're using on your website or on your
products, on your packaging, then you're going to put their circle are next to
each federally registered trademark, each one, not just one, every one of them.
Okay.
That's the first part I wanted to go through.
The second part is I want to walk you through.
Let me go back to the USPTO site.
One of you is actually in Canada and asked me for the Canadian
trademark searching site.
I posted it for you in the Facebook group.
All right.
So you can go in there and you can see it.
So if you go over here back to the USPTO website and you click on trademarks, you see
searching, you click on searching.
We went through this yesterday, but I'm going to do it again briefly here.
You click on the search.
I suggest you use the second category.
You could use the first one.
Problem with the first one is you can't break it down to the goods.
You can only list the name.
That's it.
Okay.
That's all you can list.
So like if you come over here and I want to search the name Nike, like where am I
going to type the goods?
Nowhere, right?
Because there's no option for it.
All I can do is type the trademark.
That's why I suggest you use the second one here.
For the second one, you can type in Nike.
Then you can type in the goods.
Um, shoes and then under the field.
Remember the homework for yesterday was for you to go home and look up the name of
your company.
Right.
And I saw a lot of you reporting on this.
And so when you come into the field, you can play around with it.
But as you look at, as you look, what is this?
So many ministry names come under services.
Yes, that's true.
All right.
So if you look under field again, I would select non-punctuated wordmark.
That's what I would do.
Non-punctuated wordmark.
And then for the field over here under shoes, that's the description of the goods
and services.
So I click goods and services and that's it.
And then I submit a query.
And that's very interesting.
All right.
I'm going to ask you, why did that just happen?
Let me show you something.
Submit query.
Why did I just get 284,549 results?
I'm going to be busy reviewing all these results.
Okay.
So why did I get that?
Somebody tell me why.
All right.
Somebody just said, yes, there it is.
Jill got it.
You, you use or.
instead of and.
Brittany said the same thing, exactly.
So you go back, you change this to and,
and then you submit your query,
and now you only have five results.
So don't forget to change the operator in the search, okay?
And you change, this is called an operator.
You see this right here, that's your operator.
So just change that to and,
because if it was or,
then it's gonna find everything that has Nike in the name,
or that has shoes as the goods.
And that's a massive number of things.
So just change it to and.
So when you change it to and,
it's finding everything that has the name Nike
and shoes as the goods.
And that's why you get the result,
and then you click on the trademark, and there it is.
Okay, so now I'm gonna show you something here
in the trademark,
just so you understand the parts of a trademark, okay?
All right, the first part here is when you did a search,
you have the name there, Nike,
and it tells you that it's a wordmark.
Do you see that?
So Nike wordmark, okay?
Now, if it was a logo, then it wouldn't say wordmark.
It would be a design.
So this is just the Nike, it says wordmark.
All right, now, as a matter of fact,
I could probably pull that up for you real quick.
Let me see.
What if I type in swoosh?
That wouldn't be the wordmark.
That'd be a description, description of mark.
Let's see if that works.
Swoosh.
Dead, live, live.
Those are swooshes.
Those are examples of swooshes.
So here's an example of a design mark.
You see how it's just an image?
You see right down here,
it says for the mark drawing code design only.
That's how you know it's a design, okay?
Remember, the other one that we did,
if we go back to Nike,
oh, back up.
Nike as the non-punctuated wordmark submit.
There we go.
All right, right here.
See, under Nike, it gave you the name wordmark.
That's how you know it's the word Nike
and not just the design for Nike, okay?
All right, so with that being the case,
the next thing that's listed
is called the international class, right?
When you file a trademark application,
every trademark falls under
what's called an international class, okay?
I'll answer your question in a second, Brittany.
So your international classes
are breakdowns of goods or services.
So your goods may be, as an example, shoes or goods, right?
Shoes fall into class 25.
Your goods may be speakers.
Speakers fall into class nine.
There's different classes, international classes,
that are associated with different goods.
Same thing for services.
So you have different services
will fall into different international classes, okay?
For those of you that are in VIP,
you're gonna see, I'm gonna walk through today
the following of a trademark application.
You'll see how the USPTO automatically selects for you.
But here, I'm gonna actually show you,
I'm gonna show you, why don't I do this?
I'm gonna look up for you all the international classes
and I'm gonna post them in the Facebook group for you, okay?
Would that help you out?
This way you'll know
every single international class that exists.
And then you can go in there and you can see,
oh, I fall into this class or I fall into that class, okay?
So I'm gonna post that for you tonight, all right?
So now, the listing that's here
after the international class
is actually the description of the goods that are provided.
So if I'm providing shoes
and shoes fall into international class 25,
I now have to provide a description of the goods.
And the description of the goods used by Nike
is athletic shoes with spikes
and athletic uniforms for use with such shoes.
That's the description of the goods, okay?
So every time you file a trademark application,
you have to describe the goods
that the trademark is going to be used.
used on. Does that make sense? Cause you can't just file a name and not specify what you're
going to use the name on. You have to say, Oh, I'm going to use the name on, um, you
know, records or on shoes or on basketballs or whatever it is. You have to list all the
goods that you're going to use the name on. All right. That's what this is all about.
So you have your international class, which is the class that's associated with the goods.
Then you have the description of the goods. Okay. Then the next thing you have down here,
as you're doing your search, the serial number is assigned by the patent, the patent trademark
office. That's you have nothing to do with that. They do that automatically. Boring.
Next thing over here is the filing date. That's when you actually filed the case. All right.
When you filed it with the United States patent trademark offices, do Sierra ask you services
need a trademark? Yes, they do. Services need a trademark as well. So if you're doing coaching,
coaching falls under a service that's provided, it's typically in class 35 or 41, it's usually
around there. So whatever coaching service that you're providing, you want to use a trademark
associated with that, that service that you're providing. So that the public becomes aware
that there's a source to that service. And then people will ask for that service, right?
So as an example, Uber, Uber is not a good Uber is a service, right? Now there's software
associated with Uber. So there's a Uber registration for software, and then there's an Uber associated
with services. So you can have registrations for both. Can you edit trademarks later on
if the company expands? Oh, Jessica. Oh, I'm going to answer your question in like
one second. She always has the best questions. So I'll answer your question in one second.
Let me finish this off first. All right. After you file your application, I want to get rid
of the dry part first, then we can get into the exciting part. So here's the dry parts
of all of a trademark application. That's when you filed it. We talked yesterday about
if it is actually getting filed as an actual use or intent to use. Actual use is 1A. Intent
to use is 1 what? Type it into chat. 1 what? If you file an intent to use application.
B, boom, you got it. Perfect. All right. Registration number is given to you by the United States
Patent and Trademark Office. That's not you. They do that. That's the date that they register
it. When you file your application, you have to specify who the owner is. All right. Let's
talk about this for a second. Remember how yesterday we talked about do you want to have
the asset owned by you or do you want it owned by the company? I'm going to take a minute
here and talk to you about why this is important. You guys have to hear this. This is really
important. All right. If you put all right title and interest to the trademark into your
own name and in your own name only, and you're part of a company that's using the trademark,
then if the company at some point wants to do something with the trademark, they need
to get your permission. Does that make sense? Okay. Because you own it. You following me?
Why is this important? Think about this. Think hard here. You're in a company, right?
Or you form a company. You've got like five or six or seven other individuals that are
in the company with you. And there's a board in the company that makes all the decisions
with regard to every asset of the company. If you assign all right title and interest
over to the company, well, you just lost control of your trademark. Okay? So you may be in
a situation where you have the trademark in your name, but you assign, you can give
like a non-exclusive license to the company to use it as opposed to giving them all right
title and interest. Just keep in mind though, if you keep it in your own name, you can become
a target of people who think there's trademark infringement and other things, because it's
in your name. It's an asset that's in your name. All right. Let's make this simpler.
I see some faces that are a little like, huh? All right. So think about it this way. Imagine
you own a car. Okay? Now you have an option. You can assign the car to a company and the
company can lease out your car or rent out your car for use. Okay? Now, if somebody crashes
with your car, who are they going to sue? The company, right? Because the company is
the one that's renting out the car. But if you keep the car in your name and you go out
there and you rent it out to...
And Axel, like, oh, steering wheel's not working.
Oh, boom, hits a tree.
He's like, well, I want to be a millionaire now, you know,
so I'm going to sue the company.
I mean, but hold it.
It's not owned by a company.
It's owned by Peter.
So what happens?
He sues Peter.
Do you see the difference?
If the car is owned by the company,
the company becomes potentially liable.
If it's owned by you, you could potentially be liable.
So you have to make that determination.
Do you want the assets in your name or in the company's name?
That's what's really important for you to figure out.
Okay? Make sense?
All right, more heads are nodding.
Okay. All right, good.
All right, let's go up to the question that Jess listed.
Jess, can you edit a trademark later
on if the company expands in different market products?
Okay. This is a really important question.
Where's Jess?
Is she, is her face here somewhere?
Or is she hiding behind a name?
There she is.
I'm doing my makeup while I'm listening.
All right, we're not going to highlight you.
We're not going to highlight you then.
Don't worry about it.
So, all right, here's the situation.
If you file a trademark application for, let's say,
Nike, and you originally file it for cleats, but then you think,
oh, man, T-shirts, we're going to start selling T-shirts.
I don't have T-shirts covered.
You cannot file an amendment to your trademark application.
This is why it's so important to make sure you understand every place
that you're going to use your trademark.
Am I going to use it on shoes, shirts, you know, shorts, golf clubs, basketballs,
volleyballs, every place that you're going to use a trademark,
it's important to figure that out up front, all right?
Because if you later say, well, I want to add shirts,
you now have to file another trademark application, which means you're now going
to pay another $350 to the USPTO or 275, depending on how you file it, plus attorney's fees.
Does that make sense?
Now, what if you file for Nike, and the way that you're originally using Nike is N-I-K-E,
but then later you say, you know what, we're really going to go with N-I-K-I-E, okay?
Because it's Nike with the E really wasn't working.
You can't.
If there's a substantial change to the trademark, then you've got to refile.
This is why it's important to figure these things out up front, okay?
Now, here's the beauty.
Here's the beauty of the whole situation.
If you're not sure when you're going to use a trademark on what specific goods,
somebody type in the chat what you can do.
Intent to use.
That's it.
So, this is what people do.
This is strategy now, okay?
Nobody's teaching you this.
You've learned this here.
Nobody talks about this, all right?
This will probably save you thousands of dollars just understanding this,
if not part of your company.
What you can do is file one application with multiple classes where each class is breaking
down into actual use or intent to use.
You can do that.
So, let's say you're already using it for cleats, but you're going to use it for t-shirts.
You can file under cleats in class 25 as actual use under 1A,
but then in the same application, you can select t-shirts, which is a different class,
and under there, you can select 1B.
So, now you've got one application that has actual use and intent to use.
Does that make sense?
That's a really cool way to get around the system.
And people do this.
The reason why they do this is because somebody sees the name, and then somebody says,
well, I don't want to use that name for cleats.
I want to make a t-shirt on that.
So, the original applicant will think to themselves, you know,
at some point, I might start making t-shirts.
So, let me file an intent to use for t-shirts while I'm filing an actual use for cleats, okay?
So, you can do a single application with multiple classes with intent to use,
with actual use, you can do whatever you want.
You can tweak it any way you want.
You can get as creative as you want.
But here's the thing, all right?
Every class you select is another application fee.
You got that?
You need to understand this as entrepreneurs,
as business owners.
Every class that you select
is going to be another application fee.
So if you're filing it under $275,
if you have class nine, class 11, class 15,
you're paying that three times, not once, okay?
Even though it's one application,
they're charging you for every class.
Understand this before you work with your attorneys.
Because if your attorneys tell you,
oh man, you know, we can do this
on five or six different things.
And you go, yeah, that's a great idea.
But your lawyer quoted you $1,100, $1,200
for trademark application.
He's wrong.
She's wrong.
That's wrong.
It's not true.
If you're going into five different classes,
you're going to have to take 275 times five
plus the attorney's fees on each one.
You're probably going to be spending 2,800 bucks.
Big difference.
Understand this stuff before you engage with lawyers, okay?
Okay, good.
All right, let me go into a few more things with you.
I want to explain to you likelihood of confusion.
Connie, I'm going to ask you a question of VIP, okay?
Because I want to cover a little more content here
before we jump out.
I'm going to talk about practical use of trademarks first.
And then we'll go into how to determine whether or not
you're infringing somebody's trademark.
Okay, all right, here we go.
All right, so anytime you have a trademark,
you want to make sure that the public's aware
of the trademark so that they don't use it, right?
That's important because anytime you hire a lawyer
to defend you in litigation, I hate to say it,
but you already lost
because you're going to have to pay the lawyer.
I mean, this is a fact.
It's like, even if you're the plaintiff,
you have to sue somebody.
Well, now you're spending thousands or tens of thousands
or hundreds of thousands of dollars to enforce.
This is why we protect through intellectual property
so that we warn other people and that they back off
and they don't step into our territory, right?
It's to keep people away so you don't have to sue people.
Like, we don't want to sue people.
That's not why we're doing this.
We're doing this so we don't have to.
And if you mark your products
and your services appropriately,
then the public will become aware of the fact
that it's your name, it's your logo, and they'll back off.
If you don't mark properly,
you're not going to have that situation
and you can run into a lot of problems, okay?
So with that being said, how do you mark?
Like, where do you use the Circle R?
Where do you use the TM?
If you have packaging, if it's a product,
let's say like, okay, here's a product.
I don't know if I can get close enough on this.
This is a product.
You see Craftsman on top, right there.
Right on the top right, you see Circle R, okay?
That's a product.
So if you have a product, you put the trademark on it,
you put the Circle R on the product, okay?
You can also, if it can't be on the product itself,
you can put it on the packaging for the product, all right?
So like in this case over here,
this is all torn up, unfortunately,
but you'll probably be able to see it.
Maybe I can put it together somewhat.
There we go.
All right, so this is a food item.
It's called Tosi.
I don't know if you can see it.
Let me turn it around for you.
You can kind of see it.
You'll get the idea.
So it's called Tosi, right?
T-O-S-I.
On the top right, there's actually a Circle R
right over there.
There's a Circle R right there, okay?
Now, their product is inside the packaging.
But they can't put the Circle R on the plastic
or on the food item that I'm going to eat.
I don't want them marking my food, okay?
So for that reason, they put it on the packaging.
So it may be a case where you can't actually
put the trademark on the product itself,
but you gotta put it on the packaging.
So when you do that,
you put the Circle R on that as well, okay?
This is pretty straightforward, right?
Any questions on this so far on marking?
What if you're selling products on your website?
That's a whole other world.
What if you're providing services on your website?
whole other world, okay?
If you're selling products on your website,
what you wanna be doing is showing the,
you know how you have,
I'll give you an example of a place
where you're selling product like eBay, right?
There's a lot of products that are listed.
You'll see the eBay name
and then you'll see the Circle R, okay?
Or you'll see some other trademark
from some individual and the Circle R.
The products are right there
and there's a way to purchase the product on the website.
That's where you wanna use your trademark.
The place where they can purchase it from you online.
That's where you wanna use your trademark.
Now, if you're selling a product that's in a package,
even though you're selling it online,
you should also have the name on the packaging, okay?
Don't think just because you're selling the product online
that you don't have to mark the package.
That's not the case.
It's that they don't supplement for each other.
Your packaging should always have the name
with the Circle R on it.
Now, what if it's a service?
If it's a service, it's different.
It's very different.
So if you're providing a service
and people learn about it on your website,
you put the trademark there and the Circle R,
but on that website page or that funnel,
you should be describing the service
and there should be a way to get in touch with you
to purchase the service on that page, okay?
That's, anytime you're selling a service,
it's still, you still mark it
with the trademark and the Circle R,
but you need to describe the service on that page.
I can't say A to E challenges
and then not say anything about what I do.
That does not work.
So if you're doing a service
where you're showing the trademark,
you should underneath it,
talk about the services that you're providing.
That would be appropriate use of your trademark, okay?
Does that make sense?
Services are way more complicated than products.
Products are easy.
Throw a circle on it,
throw your name on the product or the packaging.
Very simple.
Services, way more difficult.
And there's other things too,
like there's other ways to do this
that we go into more detail.
I'll talk to you on day four,
I'll talk to you about something that's available
that'll change your life, quite frankly.
There's one or two people who are in it right now
that are here.
It just brings you to the next level as an entrepreneur.
It's very powerful, but we'll cover that on Thursday.
So there's a lot of other things you can do.
And we talk about all those other things there,
but for now, those are simple things.
Product, put it on the packaging or the product.
Service, put it on the website or put it on the funnel.
Make sure you describe the services that you're providing.
At least do that.
That's simple.
There's other ways you could do it too,
but we won't cover all the ways.
There's many things that we can kind of touch base on.
All right.
Let me cover one more thing.
I want to take one or two questions.
I want to talk to you about infringement.
Okay.
How many people here have ever received
a cease and desist letter as a company?
Nobody?
That's good.
All right.
We don't want that ever to happen.
Okay.
All right.
What a cease and desist letter is,
is essentially somebody saying that you infringe
upon their trademark or their patent.
Okay.
All right.
That is not a good day.
Okay.
I had an individual,
I think I kind of talked to you about this.
If not, I'm repeating it anyway.
There's a woman who's providing services and heart healing.
She was in Canada, right?
She's providing these services.
She got a cease and desist letter from somebody
in the United States who had the exact same name,
providing heart healing services and said,
love you.
You're Christian.
Absolutely adore you.
I'm glad we're, you know, sisters, but back off.
This is my trademark.
And you know what?
That's okay.
You can say, look, this is mine.
You need to back off.
Because having you on trademark is what you're doing
is you're being a good steward of what you provided.
You're maintaining the authenticity
of what's been provided to you.
And you're making sure that the person receives
a very high standard of quality associated
with that name.
Right?
So what happened?
She had to back off, change the name of the website,
change the name of the company, refile, change everything.
Costs are tons of money.
All right.
We don't want that.
But here's the thing.
To determine whether or not you infringe a trademark,
there's a test that's done.
And we're going to talk about that test now.
Okay?
So as you're doing your trademark searches
and you're thinking, well, the name kind of looks similar.
There's actually multiple factors that you look at
to determine.
whether or not you actually are committing
trademark infringement.
We're gonna talk about those factors now, one by one.
All right?
Now there's nine to 12 factors.
They're called the likelihood of confusion factors.
Okay?
The likelihood of confusion factors.
That's what they're called.
So we're gonna go through them slowly.
This is how you determine whether or not
there's trademark infringement.
And if you can use a trademark at all.
All right?
So, you know what I'm gonna do?
I'm gonna drop a link for all of you.
See if this works.
I put all the likelihood of confusion factors
together for you.
So you wouldn't have to frantically try to type them in.
And let's see if it still works.
It does work.
Phenomenal.
Okay.
Good.
Life is good.
All right, let me close this here.
So you've got all the factors there.
I just posted them to you in the chat.
Okay?
So you can follow along there.
You can do whatever you want with it.
All right?
But I'm gonna walk you through them one by one.
Okay, let's hit them.
So the first thing that you look at
to determine whether or not
there's some kind of likelihood of...
Actually, you know what I'll do?
Why don't I just share the screen for you?
Let's just do that.
There we go.
Okay.
Can everybody see that?
Okay, good.
All right.
These are the likelihood of confusion factors.
So the way the likelihood of confusion factors work
is it's kind of like...
Anybody ever see the lady justice thing in courts
where there's the scales, right?
So if the scale tips against you, you infringe.
If the scale tips towards you, you win.
Okay?
That's basically how it works.
Okay?
So you're trying to make sure
that the majority of the factors are not against you.
That's basically what you're doing.
But there's certain factors that have more weight
than any other factor.
So as you're downloading this form here to use,
you can kind of write down notes next to it
to know which ones are more important than others.
So let's start out with the first factor.
The first factor is similarity or dissimilarity
of the marks in their entirety.
Okay?
Okay.
So what does that mean?
The appearance.
So Nike versus Nike.
If there is N-I-K-E, N-I-K-I-E.
They look very similar.
There's only one letter that's different.
The next thing you look at is sound.
Nike sounds pretty similar to Nike.
Okay?
And so for that reason,
that's not weighing in your favor either.
Then the next one is like the feeling
that's invoked by the mark.
So like there are certain trademarks
that when you hear them,
there's an impression that you get, right?
So if somebody has a trademark like impulse,
impulse has a feeling to it, right?
It's not, you wouldn't expect to see impulse
as a trademark being used by ministry quite often, right?
Because impulse is like, it's quick,
it's bang, it's strong, it's very different.
So it has a certain feeling to it.
And then finally, commercial impression is like,
what is the general public feel about that trademark?
So looking at N-I-K-E versus N-I-K-I-E,
appearance is very similar, eh, bad.
Sound is not in your favor, eh, bad.
General feeling of the two of them,
N-I-K-E versus N-I-K-I-E, kind of similar, eh, bad.
Commercial impression,
that's probably gonna weigh against you too.
So, so far, you are really in the negative.
Okay, the next thing that you look at
to determine if there's trademark infringement
is you look at the goods and services
and determine if for the two different trademarks
are the goods similar, all right?
So let's say Nike for cleats and Nike for T-shirts.
Let's do that.
So are cleats similar to T-shirts?
Somebody, somebody unmute yourself.
Actually, let's, somebody raise your hand.
I'm gonna get some interaction here
because this is technical stuff here.
So let's get some.
participation here. So, all right. Aurelio, let's unmute you.
So let's talk through some of this with you, brother.
All right. What's up, Peter?
Good to see you, man. Good to see you. All right. So Nike for
cleats and Nike for t shirts. Do our cleats similar to t
shirts?
Not at all.
Right. I would agree. I would tend to agree. They're not
similar at all. So now you go to the next factor. And then the
next factor, you look at similarity or dissimilarity of
the the means in which they're the trade channels, right? So
are the cleats being sold in a place that are similar to the
place where the t shirts are being sold? That's what you're
looking at?
Yes.
So yeah, right. They are kind of looking in a similar place,
right? So so far, we've got an issue with the similarity or
dissimilarity of the marks. Then we also got an issue with regard
to the means of trade. Okay, because t shirts and cleats are
kind of sold in the same place. They also sound the same, they
look the same, similar impression. Now you look at the
next factor, which says, is this an impulse purchase? So if the
product is really expensive, that's not an impulse product.
Right? If you have to spend $5,000 on an audio speaker,
that's not an impulse product. You don't walk into target and
say, at least all right, let me clarify. If you're married, then
it's not an impulse product. Okay. Let's put it that way.
Okay. If you're not married, maybe it's an impulse product
for you. Okay. But um, you know, so the situation is that, you
know, you walk into target, you're like, I'm gonna pick a
pair of cleats. I'm gonna pick up a t shirt. I mean, they're
both around 50 bucks or less, maybe maybe 90 bucks tops. You
know, could you spend more? Yeah, but they're kind of
impulse kind of products. Now, if you're picking up a pair of
Jordans for $12,000, it's not an impulse product. Okay. But in
this case of comparing the cleat versus a t shirt, I'd say they're
both kind of impulse products. You don't have to be really
sophisticated in purchasing them. So then you look at the
next thing here, you say, are there a lot of other marks that
are very similar? So are there a lot of trademarks out there
using ni ke, or ni ke? I would think probably not. You know,
you'd have to do a search and determine that. Then finally,
you look at the existence of some kind of consent agreement
that doesn't exist. Like Nike's not saying yes, you can use ni
ke. That didn't happen. Right. So that's not weighing in your
favor. And then evidence of actual confusion. What that
means is, is there a situation where somebody sent you a
letter saying, hey, I saw you with this product line, and I ke
it looks very similar to ni ke. I was confused by it. That's
evidence of actual confusion that weighs heavily against you.
Very, it's hard to recover from that. And then finally, strength
of the mark. Ni ke, would you say Aurelio is that that's a
strong trademark?
Definitely. Yeah.
Everybody knows that name in many different countries. So it's
a very strong trademark. So in your opinion, Aurelio, if
somebody use ni ke for cleats, and we know that Nike has ni ke
for cleats, do you believe that there's trademark infringement?
Yes. Yeah. Yeah. You see that that's the Thank you.
Appreciate you. That is the assessment that you do every
time that you do a trademark search. You look at all these
different factors. And this is what your lawyer will do. That's
the assessment that your lawyer is going to do. They'll look at
all these different factors to determine whether or not there
is trademark infringement. Does that make sense? Now you have
the list of the different factors. So you can go through
them yourself. When you do a trademark search yourself, you
can look through it and take your time and look through them
one by one. Or you can take the easy way out and just hire a
lawyer. The lawyer is going to do all this for you. But the
intent of the protector idea challenge is to make sure that
you understand all these things. So you can minimize the number
of things that you're bringing to your attorney. Instead of
going to your attorney with five trademarks, you're going with
one because you got rid of four of them on your own. Does that
make sense? Now all of a sudden, instead of paying $10,000,
you're paying a lot less. Decrease your cost makes you
more savvy and makes you more powerful as an entrepreneur.
All right, let me see here. I think I'll share
One more thing with you, because today we're
going to close on trademarks.
And then we're going to go into tomorrow
we're going to start copyrights.
I don't want to overwhelm you with too much material.
I think over the last two days you've got enough
for trademarks.
I'll just mention one more thing for you,
because there's a number of you that are in foreign countries.
You can do foreign filing.
If you file in the United States, within six months
you can do foreign filing.
That's all you need to know.
We'll keep it at that, very top level.
If you want to maintain the filing
date of your original filing, then within six months
you can foreign file.
That's all.
OK?
All right, I saw earlier a few other questions.
Let me take two more questions.
Let's see.
OK, yeah, that's a good question.
All right.
Let's talk about if you hire somebody to do service for you.
Let's say you hire somebody to come up
with a name for your company.
Or even better, you hire somebody
to create a logo for you.
You have to make sure that they assign all right title
and interest to the logo to you or to your company
before you file your trademark application.
Because you don't technically own it.
All right?
What you've gotten instead is called a non-exclusive license.
You don't own it yet.
You have to own it to file a document with the government
where you're claiming that you own it.
OK?
In VIP, we're going to walk through the parts
of a trademark application very soon.
And we're going to actually file one online together.
But for those who can't go, which is that's fine too.
Just understand that if you have somebody create your logo,
you want to make sure that they assign all right title
and interest to you.
And then after that, then you file your logo
with the trademark office.
Not before.
Because you don't own it yet.
OK?
Because some of you are outsourcing things.
You're outsourcing logos.
You're outsourcing products.
You're hiring third parties.
You're doing partnership agreements with other people.
That's the other thing.
If you have a partner within your company who's
coming up with the names, who's coming up with the logos
and things like that, you've got to figure out
beforehand with these individuals
who's going to have ownership rights to these things.
Because these are actual.
These are intangible products, essentially.
They're intangible assets.
But it's like somebody just created a car.
Who owns the car?
Who can drive the car?
Who can let other people drive the car?
So if you have a partnership agreement with another
or you're working with another party,
you've got to figure that out up front.
OK?
Does that make sense?
OK.
Good.
All right.
Let me take one or two other questions
before we jump into VIP.
So let's see.
It is a lot more quiet today.
Are you guys overwhelmed?
We went slow, right?
Or was it too much today?
It was OK?
No, it's not.
Yes, no.
OK, good.
All right, looks like you guys are keeping up.
That's good.
All right.
OK, here's one other really good question.
If you file, OK, this is a good point.
All right, if you file a trademark application
for actual use, but then as you're
prosecuting with the United States Patent and Trademark
Office, they're not allowing the case.
Because let's say they don't like your recitation
of goods or services.
Or they're not accepting the specimen,
the example of your use.
They're not accepting it.
There's a way out.
What you can do is you can change your actual use
application into an intent to use application.
So you can change it from a 1A application
to a 1B application.
So if you filed your trademark application
and things are not working, the examiner says,
I don't like your specimen.
I don't like your proof of use.
I'm not accepting your proof of use.
Like, I don't like the way that you're using your trademark
on your website.
And you're going back and forth.
And you're like, oh my gosh, this knucklehead
is not allowing this.
I can't.
This isn't working.
You can actually change your application
from an actual use to an intent to use.
There's a document you can file.
Speak to your attorney about it.
They should know where to do that.
The result is that now what it does is,
since it's intent to use, you no longer
have to provide proof of use.
So now you can do that.
Now your case can get allowed.
And now over the next three years,
you can try to come up with a good specimen.
But the fact is that you're not going to lose your case.
Because when you file your application
and it gets examined, at some point it should issue.
File, examination, issue.
That's what should happen.
But if you're not getting past the examination,
you don't have to abandon your case.
You can change it to an intent to use application.
So you don't lose your filing date.
That was very detailed what I just showed you.
But it's a strategy that we use in prosecution
when we're getting stuck with trying to get a specimen
through the United States Patent and Trademark Office
or Canadian or other offices.
We get stuck, then we can change it
into an intent to use application.
Does anybody else have a question before we end?
If you do, raise your virtual hand.
Obviously in VIP, we're going to go into a bunch of things.
Raylio had a great question about fonts.
Yeah, I saw the question on fonts.
So you can't claim ownership to a font
that you didn't create, okay?
So fonts can potentially be protected
under copyright law.
They can be protected.
If you have a logo with a unique font,
that can potentially be protected, the logo itself.
But in general, if you're using a font in a trademark,
that's a logo, not a wordmark.
So what it's called in the trademark world is stylized.
Okay?
So if you have a stylized use of a word,
your stylized use of the word has to be filed
as a logo, as a design, not as a wordmark.
Because whenever you file a wordmark,
they're just taking the letters, that's it, nothing else.
They're not taking any of the stylization.
Now, if somebody has some unique fonts
and you decide to use their fonts within your logo,
you have to determine if there's any rights to the fonts.
That's between you and the entity
that you're taking the fonts from.
You have to look at the licenses.
You have to look at any rights
associated with that beforehand.
Okay?
All right.
Jimmy, you're in VIP, right?
You're not in VIP?
Lois, you are?
No, I'm not in VIP.
All right, we'll talk to you there.
I'm just gonna take one question
because we're already at one.
Go ahead, Jimmy, go ahead.
Well, my question, as an author,
when I have my book cover designed, which I've done,
how do I ensure that I have the rights to the cover
and not the illustrator who created the cover for me?
That's a great question.
That's copyright law.
We're covering that tomorrow.
All right.
All right, my friends.
I am going to let you go.
Make sure you go live, again, in the Facebook group,
say what actually was highlighted to you,
something new, some golden nugget.
Let me know what's actually jumping out
and helping you in your business.