WEBVTT

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Awesome. Awesome. All right. Well, we're going to jump in. I just want to take a second to

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kind of put us all kind of in perspective for a second, and then we're going to jump

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in in detail. What you guys are learning, just to be clear, what you guys learned on

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day one is more than most entrepreneurs know in their entire lives. Just to be clear, like

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in IP. What you've now learned through days one and two is more than the rest of the entrepreneurs

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will likely learn in their entire life. So you know more, honestly, if you talk to your

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entrepreneurial friends and you ask them, do you know about an intent to use application?

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Or do you realize that in the likelihood of confusion factors, blah, blah, blah, they're

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going to go, what? Like, what are you talking about? I don't understand. What does that mean?

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What's likelihood of confusion? Like, what's an intent to use? What's a 1B? What do you mean you

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can file a single application with five classes? Like, I don't understand. You guys know so much

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more right now than most entrepreneurs. And so my intent in doing this was really to get you

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to not only have exposure to it, but then to get it so that since you have the replays, you can watch

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it, you know, piece by piece, digest it over time. You're still in the Facebook group. You can post

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questions. You can learn more. You can grow. What's going to happen through this? My hope is that you

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are going to become a resource to many other people, okay? Because a lot of you here, whether

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you know it or not, you're either in mentoring positions or you're in communities where there's

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other individuals that need this. They need to understand this stuff because they're getting in

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trouble. And what you're going to find is because now, since you know how to issue spot,

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you're going to find that you're going to see what other people are doing around you. And you're

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going to go, oh, no, no, no, you can't do that. No, no, no, no. Oh, fix this. Do that. It's just going

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to happen. I know because I've been doing this for some time and I get the emails and the pings where

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I save my client from going to the trade show and losing everything because of foreign filing or

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I saved my client for this. All those things that you're learning is increasing your value.

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So I want to take a second here and just kind of acknowledge you need to understand how valuable

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you are. OK, like your own you already have your own gift sets, but now you've invested in this,

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which is improving your value even more. All right, so the dollar amounts that you're putting

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to your services that you're providing to others, your coaching that you're providing to others

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should be aligned with your value as you get more comfortable with the fact that

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you have more understanding in these areas than others.

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You should get more comfortable with the higher rates that you're charging.

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OK, so why am I saying this? Because I get a very strong feeling that there's a number of us here

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that are very uncomfortable with either a charging for what we do or be understanding the value of it

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and deciding to increase the cost associated with it. And you need to understand that a lot

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of the consumers will value you based on the value that you place on yourself. If you see

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yourself as just not being valuable, not having a lot to offer. Your consumers are going to see

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you like that because that's the only mirror that they can look at. It's they're looking at you.

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And if the reflection that you're providing is that, you know, I don't know enough, I don't

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have value, I'm not really improving anybody's life, then that's the reflection they're going

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to feed off of and they're not going to be willing to pay you what you're worth.

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So this is not just not just am I training you in understanding what within your company is

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valuable, what's protectable, how to protect it or not protect it, what kind of rights you already

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have, what kind of rights you can obtain. Not only that, but it's also for you to understand.

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And I actually caught wind of this today. I really felt I caught this in the spirit is that

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you need to understand your own value. You have to do that.

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Because as you understand your own value, other people are going to be able to receive from you

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better. If you don't understand your own value, people are going to have a very difficult time

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receiving from you because you're not going to deliver it as if you have authority, as if you

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have dominion, as if you have, you know, possession of the knowledge. There's going to be this

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timidity and nobody wants to engage with that. You know, so that's for some of you who have felt

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stuck over the last three years, I'm getting the number three multiple times over the last three

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years, you felt stuck. I'm.

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stuck. I'm stuck. Why am I not moving? That's part of it. You

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don't understand your value. You have a lot to offer. So as

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you're going through this, if you don't believe how can

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others Yeah, it's true, Teresa. Yeah. So you need to really kind

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of get that. I have certain knowledge based on what I've

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experienced in life, on my own wounds on my own things that

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I've conquered on my own business ventures, my failures,

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and my successes, all of them are working for my benefit, not

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against me, every one of them. If you look at the failures that

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you had, because you've had those failures, you now have

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knowledge that other people don't have. So they don't have

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to fail. How do you think I know so much? I'm not saying I'm like

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a mega failure. But I know a lot because I've seen a lot of

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failures. So use that to your own benefit to help others. You

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can speak life into others because of your own experiences.

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Okay. I know that was kind of like a mushy moment before we

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dig into IP. But I really feel like you need to understand

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that. You know, it's you're going to be you're in a

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different place. You're not like others. You're not. You're not

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like other coaches. You're not like other people who are

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dealing with hair and salons. You're not like others like

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that. You have a certain level of knowledge. And now you

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understand IP, use it as a tool in your chest to succeed. Okay.

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And I'm here as a resource for you. Look, a number of you have

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reached out and say, I wish I could hire a peer, you can hire

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me. All right. I'm not. I'm not saying you can't hire me. Just

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DM me and it would be an honor to work with you. I'd love to

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work with you and help you out. Okay. I just mentioned that

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earlier because I don't, I don't want people to focus on. You

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know, this, this guy's just trying to get clients. That's

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not why I'm doing this. Like I have clients. That's, that's not

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what this is for. This is because I truly want to see you

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succeed. I want to see all of you do extremely well. And it's

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kind of hard for you guys to receive well from me. If during

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the entire delivery, you think I'm just trying to make you a

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client. That's not the case. Will I help you? Yeah,

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absolutely. That's why I'm here. Right. But that's something

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separate. So you can DM me or email me and I'm happy to help

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you out. All right. That set aside, just for today. Today, I

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tried to take it a little slower. Right? You ate a lot

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yesterday. Now I'm giving you like, you know, a little less,

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okay. But you have the videos to go back and process. Tomorrow,

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we're going to be doing copyrights. Then we're going to

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do patents. Then on Friday, we're going to bring it all

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together every single, send me one's patents. Send me one's

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patents. There you go. All right, there you go. You got it.

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I actually saw some of the emails that you sent me on VIP.

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You guys are really I know I said this once, but you guys

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are very far ahead. Like I've seen some of your emails are

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asking, well, a provisional utility versus a utility, you

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know, a provisional application versus utility. And what about

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foreign filing? What about this? People weren't asking those

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questions and a lot of the other challenges. So you guys are way

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ahead. All right. So I just it's an honor to be serving you guys

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in this way. So what I want to do is open up the floor for

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maybe two questions. Then I'm going to go into a trademark

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application. I'm going to walk you through what it looks like

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every single part, step by step, so you can get an idea of what

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it looks like. Okay. And then afterwards, we'll answer more

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questions. Okay. So let's start out with Axel. Let me grab you

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first. And then we'll go to Helene. And then I'll do Teresa.

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I'll do all three of you. Axel, go ahead, my friend.

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Thank you. Well, first of all, thank you for this challenge

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Peter. So next, I don't really have a trademark application

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here in Argentina. So I don't know if I can apply for an

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intent to use in the United States. Or if I need to apply

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first here in Argentina. I already know the sections 44D

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and 44E. I don't know if I should use them or...

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That's like, all right. I just want to make this clear. Like,

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nobody was talking like Axel in the last three challenges. But

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he's just naming the foreign statements and the foreign

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policies. And that's amazing. It makes me smile that we've got

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people at this level here. That is amazing. So all right, Axel,

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here's the deal. As long as you have an agent in a foreign

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country, you can file in a foreign country, you don't have

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to file in your country first. So you can file in the United

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States, like if you have, you know, me, or you have Larissa,

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or you have Ray, or whoever it is, you can have an agent in

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the United States file on your behalf. As long as you have, you

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have to have a representative in that country. Okay. So you can't

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personally file like I can't personal

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file in the European Patent Office.

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I can't do that because I'm not licensed there.

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But I have agents at Mubernelas.

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I have agents at a number of other places

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that can foreign file for me.

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So what happens is I'll have my clients hire me.

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And they say, well, I want to obtain rights in Brazil,

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Argentina.

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I want to actually, Argentina is one of my clients is Intraway.

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Intraway is one of my clients there in Argentina.

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And so when they file, they hire me.

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I do all their hiring in the United States.

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And then we can do foreign filings off

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of that within six months of the US filing.

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You could also file in your country first if you want,

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as long as your country is a member of the Madrid Protocol.

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It's called the Madrid Protocol, right?

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So as long as they're a member of that,

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then you can do your foreign filing as one filing

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under the Madrid Protocol.

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But there's a thing called the Paris Convention.

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So there's all these countries that are members of the Paris

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Convention.

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You need to look and see if your country is

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a member of the Paris Convention.

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If they are, then you can do that one filing

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under the Madrid Protocol.

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If some of you aren't following me, that's OK.

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Axel kind of gets it because he's using the numbers and all.

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So I'm digging in with him.

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But this is, I'm just going to kind of tune in for him.

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So to answer your question, get a foreign associate

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in the country that you want.

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Get them to file for you.

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You don't need to file in your country first.

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Now, there are certain countries, I will say this,

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there are certain countries in the world that are very unique,

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very unique, meaning they will not

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allow you to file in another country

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before you file in their country, OK?

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I believe Germany is one of them.

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Now, this is if.

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If the technology has to do with security,

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I think there's one other category.

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But I know security is one of the main categories.

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So let's say you're doing patent work, right?

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Samuel is all about patents.

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So let's say you're doing patent works and you're in Germany.

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You're a citizen of Germany.

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If the patent has to do with security,

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you must file within Germany first

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and then get permission to foreign file

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into other countries because that's essentially

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like exporting technology.

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And so you have to be careful because if you don't do that,

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then the German government, I'm not

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sure what the penalty is associated with it,

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but I know that if you file in Germany

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after you filed in a foreign country,

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they may not give you any rights at all

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because they're upset with you or they'll penalize you.

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So the general rule, I think, for Germany

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is, and there's a number of other countries,

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that if it has to do with security,

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you must file in their country first.

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Then you can foreign file.

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But if you're not dealing with security or stuff like that,

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you foreign file all you want.

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Just get other agents.

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Does that make sense?

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Yes, yes.

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Great, thank you.

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Absolutely, my friend.

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Yeah, yeah.

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Helene, hello.

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Hi.

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Hi.

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OK, so I know we're not doing copyrights yet,

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but in copyrights you can bundle a bunch of different images

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and file as one.

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For trademarks, let's say I have a bunch of slogans and file

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once, like you've got mugs and t-shirts

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and you want to put a bunch of different slogans.

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Do I have to trademark every single slogan individually?

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Are they different slogans?

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Yeah, different slogans.

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Yep.

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I was hoping you had a secret that

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would let me bundle slogans.

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No, I am not aware of any bundling program

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before the trademark office.

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There are no, the copyright office,

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but even with the copyright office,

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it's not like, it's like you can do one filing,

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but you're getting hit with fees.

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So it's, we'll go into this tomorrow, but there's.

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00:14:18.560 --> 00:14:20.760
The collection in copyright, it's one fee for.

231
00:14:20.760 --> 00:14:22.280
There's a compilation, right?

232
00:14:22.280 --> 00:14:23.800
There's a thing called a compilation,

233
00:14:23.800 --> 00:14:25.240
which is different, right?

234
00:14:25.240 --> 00:14:27.000
But I want to do that for trademarks.

235
00:14:27.000 --> 00:14:29.080
Yeah, sorry, my friend.

236
00:14:29.080 --> 00:14:29.760
OK.

237
00:14:29.760 --> 00:14:31.080
No, I knew where you were going.

238
00:14:31.080 --> 00:14:35.480
The second you started talking, I was like, nope, nope.

239
00:14:35.480 --> 00:14:38.440
I know, I wish there were, but no, they

240
00:14:38.440 --> 00:14:40.400
want to make as much money as they can.

241
00:14:40.400 --> 00:14:41.240
So that one.

242
00:14:41.240 --> 00:14:42.120
Thank you.

243
00:14:42.120 --> 00:14:43.760
You're so welcome.

244
00:14:43.760 --> 00:14:44.280
Teresa.

245
00:14:49.040 --> 00:14:49.920
Hello.

246
00:14:49.920 --> 00:14:58.320
OK, so I, like I said, I had another girl do my logo for me

247
00:14:58.320 --> 00:14:59.960
and she.

248
00:15:00.000 --> 00:15:04.680
He used Google to search the different little pictures

249
00:15:04.680 --> 00:15:06.720
that went on my logo.

250
00:15:06.720 --> 00:15:08.960
Okay, what do you mean by pictures?

251
00:15:11.320 --> 00:15:12.960
Well, I can't really.

252
00:15:12.960 --> 00:15:14.720
You mean like images, pictures?

253
00:15:14.720 --> 00:15:16.120
Yes, yes.

254
00:15:16.120 --> 00:15:18.360
So you have pictures that are on your logo?

255
00:15:18.360 --> 00:15:23.360
Well, the logo has little images that is on the logo.

256
00:15:25.440 --> 00:15:26.280
Icon.

257
00:15:27.400 --> 00:15:28.640
It's kind of hard to,

258
00:15:28.640 --> 00:15:33.000
and so I want to,

259
00:15:33.000 --> 00:15:36.560
she will let me have it and give me the,

260
00:15:36.560 --> 00:15:39.320
and I'm just wondering if those little

261
00:15:41.240 --> 00:15:44.920
images or whatever they are that go with the logo.

262
00:15:44.920 --> 00:15:46.880
Well, it's because it's like a picture,

263
00:15:47.840 --> 00:15:50.360
picture that I use for a logo.

264
00:15:50.360 --> 00:15:52.460
It's hard to explain.

265
00:15:52.460 --> 00:15:53.300
That's okay.

266
00:15:53.300 --> 00:15:55.560
So let's, for discussion purposes,

267
00:15:55.560 --> 00:15:59.000
let's say that Axel created one picture

268
00:15:59.000 --> 00:16:01.640
and Lois created a second picture,

269
00:16:01.640 --> 00:16:04.760
and you have a unique logo

270
00:16:04.760 --> 00:16:06.800
that has your own creative work

271
00:16:06.800 --> 00:16:11.560
plus what Axel created and what Lois created in your logo.

272
00:16:11.560 --> 00:16:13.540
Is that an accurate assessment?

273
00:16:14.680 --> 00:16:16.040
I'm not sure.

274
00:16:16.040 --> 00:16:18.120
I would have to, I don't know.

275
00:16:18.120 --> 00:16:21.340
So you don't know the source of the two pictures, basically?

276
00:16:22.320 --> 00:16:23.840
Yeah, sort of.

277
00:16:23.840 --> 00:16:25.640
Okay, let's, I'll use,

278
00:16:25.640 --> 00:16:30.640
I'll use, let's say there's like a little house-like,

279
00:16:33.720 --> 00:16:38.720
okay, and a little, like a leaf all on the logo.

280
00:16:40.400 --> 00:16:41.360
Sure.

281
00:16:41.360 --> 00:16:43.680
And you didn't create the house or the leaf?

282
00:16:43.680 --> 00:16:45.120
Right.

283
00:16:45.120 --> 00:16:47.840
Right, so the question is who actually created the house?

284
00:16:47.840 --> 00:16:50.960
The little things were found like on,

285
00:16:50.960 --> 00:16:54.440
on searching through like Google.

286
00:16:54.440 --> 00:16:56.020
Yeah, that's a problem.

287
00:16:57.360 --> 00:17:02.360
Yeah, so maybe I'll touch base on this tomorrow

288
00:17:04.359 --> 00:17:05.240
with the group also.

289
00:17:05.240 --> 00:17:07.160
Let me write this down.

290
00:17:07.160 --> 00:17:12.160
Use of public info slash images on private work.

291
00:17:12.760 --> 00:17:17.760
Info slash images on private work.

292
00:17:20.040 --> 00:17:22.599
Okay, all right, so here's the deal.

293
00:17:22.599 --> 00:17:26.280
If the images that were grabbed through Google

294
00:17:26.280 --> 00:17:29.600
are copyrighted or copyrightable,

295
00:17:29.600 --> 00:17:31.600
whoever created them automatically

296
00:17:31.600 --> 00:17:33.540
has a copyright in them, right?

297
00:17:33.540 --> 00:17:35.520
So if you did a search or whoever did a search

298
00:17:35.520 --> 00:17:37.820
and grabbed an image and put it on your logo,

299
00:17:38.820 --> 00:17:42.380
if that party who created that work,

300
00:17:42.380 --> 00:17:43.300
I'm not saying you,

301
00:17:43.300 --> 00:17:44.780
cause this is not legal advice, right?

302
00:17:44.780 --> 00:17:46.240
I'm just saying in general.

303
00:17:49.140 --> 00:17:50.620
Oh, it's empty.

304
00:17:50.620 --> 00:17:51.580
There you go.

305
00:17:51.580 --> 00:17:54.540
So it's not legal advice,

306
00:17:54.540 --> 00:17:59.540
but what happens is I'm just going to say in general,

307
00:17:59.780 --> 00:18:02.540
if I create a logo and in the logo,

308
00:18:02.540 --> 00:18:05.380
I'm using two artistic works that I found on Google,

309
00:18:05.420 --> 00:18:07.600
I run the risk of potentially committing

310
00:18:07.600 --> 00:18:11.740
copyright infringement or trademark infringement.

311
00:18:11.740 --> 00:18:13.860
So what I want to do is I want to figure out

312
00:18:13.860 --> 00:18:17.020
who was the source of the images that I grabbed.

313
00:18:17.020 --> 00:18:19.220
Are they public domain?

314
00:18:19.220 --> 00:18:21.340
Like meaning that they're royalty free,

315
00:18:21.340 --> 00:18:23.260
publicly available things.

316
00:18:23.260 --> 00:18:24.740
And I was going to ask that one.

317
00:18:24.740 --> 00:18:27.020
That's what you need to look that up.

318
00:18:27.020 --> 00:18:29.020
You need to figure that out, you know?

319
00:18:29.020 --> 00:18:31.580
So you've got to figure out

320
00:18:31.580 --> 00:18:33.400
and whoever created the logo,

321
00:18:34.400 --> 00:18:36.640
you know, where they grabbed that.

322
00:18:36.640 --> 00:18:40.160
It's like a stock, free stock thing.

323
00:18:40.160 --> 00:18:41.920
Well, then if it's free stock,

324
00:18:41.920 --> 00:18:44.600
you need to go and look at the licensing provisions

325
00:18:44.600 --> 00:18:49.080
with that company because, you know, you can't,

326
00:18:49.080 --> 00:18:51.520
there are certain things that you can use.

327
00:18:51.520 --> 00:18:54.240
Like in a, one of them is what Shutterstock Ray.

328
00:18:54.240 --> 00:18:56.000
Is that one of the companies Shutterstock?

329
00:18:56.000 --> 00:18:56.880
Yeah. Right.

330
00:18:56.880 --> 00:18:59.040
So Shutterstock is a good name of a company,

331
00:18:59.040 --> 00:19:00.100
is a good company.

332
00:19:00.140 --> 00:19:03.260
We'll use their images for like Facebook posts,

333
00:19:03.260 --> 00:19:08.100
Instagram posts, you know, my funnel,

334
00:19:08.100 --> 00:19:12.380
but I can't add what they have into a logo that I have

335
00:19:12.380 --> 00:19:13.620
and then file for rights on it

336
00:19:13.620 --> 00:19:16.060
because in the agreement,

337
00:19:16.060 --> 00:19:20.060
it says you obtain a non-exclusive license for use.

338
00:19:20.060 --> 00:19:21.900
You don't own it.

339
00:19:21.900 --> 00:19:25.140
So you have to figure out who owns those images

340
00:19:25.140 --> 00:19:28.740
that are used or better yet, create your own, you know?

341
00:19:29.060 --> 00:19:30.900
In which case you don't have to worry about it at all.

342
00:19:30.900 --> 00:19:32.660
Then your life is way better.

343
00:19:32.660 --> 00:19:36.340
But if you're grabbing or if anybody, not you,

344
00:19:36.340 --> 00:19:38.540
but if anybody's grabbing images from Google,

345
00:19:38.540 --> 00:19:40.580
you got to figure out the source.

346
00:19:40.580 --> 00:19:44.260
You can't just use images because it can get nasty.

347
00:19:45.860 --> 00:19:48.460
You know, you just, you don't want to deal with that.

348
00:19:48.460 --> 00:19:49.300
Okay.

349
00:19:49.300 --> 00:19:50.140
All right.

350
00:19:50.140 --> 00:19:50.980
Okay.

351
00:19:50.980 --> 00:19:53.260
Connie, I will go ahead, my friend.

352
00:19:54.260 --> 00:19:55.100
Okay.

353
00:19:55.100 --> 00:20:00.100
So we, we have a couple of questions here.

354
00:20:00.000 --> 00:20:04.440
We've been established long enough that I have non-disclosure.

355
00:20:04.800 --> 00:20:06.720
I did not have the other.

356
00:20:07.080 --> 00:20:07.820
Non-compete.

357
00:20:08.080 --> 00:20:08.280
Yeah.

358
00:20:08.280 --> 00:20:09.080
I saw you live.

359
00:20:09.680 --> 00:20:10.200
Yeah.

360
00:20:10.560 --> 00:20:19.040
So, but I have, like we created.

361
00:20:20.800 --> 00:20:29.800
When I say we, because we were an LLC share members, everybody's, you know, so

362
00:20:29.880 --> 00:20:35.560
our lead artist and a young man within the company.

363
00:20:36.080 --> 00:20:42.520
Hey, the lead artist is the young man wanted to, and then just a bunch of

364
00:20:42.520 --> 00:20:44.160
things went sideways in his life.

365
00:20:44.200 --> 00:20:47.160
And he moved out of the country for a while, then moved back.

366
00:20:47.160 --> 00:20:49.600
He had things going on in his personal life.

367
00:20:49.680 --> 00:20:50.120
Sure.

368
00:20:50.760 --> 00:20:56.600
So we don't have contact with him, but for our logo, he did the

369
00:20:56.600 --> 00:21:06.800
beginning creation of fonts, our own entire font, but when he dropped the

370
00:21:06.800 --> 00:21:12.440
ball, he hadn't finished doing the whole ABCs and he hadn't even finished.

371
00:21:13.320 --> 00:21:21.080
The full name letters for all the name, but, but my artist saw what he did.

372
00:21:21.800 --> 00:21:26.520
Knew where the pattern was and he finished it.

373
00:21:26.600 --> 00:21:32.120
And then not only did he finish it, but he made it, you know, that it actually

374
00:21:32.120 --> 00:21:33.720
looks more than just black and white.

375
00:21:34.480 --> 00:21:38.680
Um, so basically your question is if you have a situation where there

376
00:21:38.680 --> 00:21:44.480
potentially could be joint development of an image, there's two, there's a few

377
00:21:44.480 --> 00:21:49.360
things to look at one is who actually owns the work of the individual who was

378
00:21:49.360 --> 00:21:55.040
within a company before they leave the company that depends upon a number of

379
00:21:55.040 --> 00:21:59.080
things, employee agreements, um, is everything actually being done within

380
00:21:59.080 --> 00:22:01.680
the company, using the company's property?

381
00:22:01.680 --> 00:22:05.080
There's a whole bunch of different things you look at for the specific scenario.

382
00:22:05.560 --> 00:22:07.520
We did everything as contract.

383
00:22:08.160 --> 00:22:09.440
So then he wasn't an employee.

384
00:22:10.200 --> 00:22:12.720
This kid didn't even want to do a contract.

385
00:22:12.720 --> 00:22:13.800
He just wanted to do it.

386
00:22:15.400 --> 00:22:16.600
Did he work for the company?

387
00:22:17.120 --> 00:22:17.720
No.

388
00:22:18.080 --> 00:22:18.360
Okay.

389
00:22:18.920 --> 00:22:19.600
That yeah.

390
00:22:19.800 --> 00:22:22.160
So here's what you need to do.

391
00:22:22.160 --> 00:22:26.880
Connie, you need, I mean, I hate to give you this answer, but your specific

392
00:22:26.880 --> 00:22:30.600
scenario is very, you need to talk to a lawyer about your exact scenario,

393
00:22:30.960 --> 00:22:32.720
because there's a number of things here.

394
00:22:33.280 --> 00:22:36.000
I'm just going to say in general, there's a number of issues here.

395
00:22:36.520 --> 00:22:42.960
Um, when I look at a scenario and I determine in inventorship, the

396
00:22:42.960 --> 00:22:46.800
creator, the artist, who's, who's a creator, there's a number of factors

397
00:22:46.800 --> 00:22:50.120
that I'll look at, and then I'll make an assessment as to whether or not

398
00:22:50.120 --> 00:22:54.440
I have to get that party to assign a right title on interest, or was that

399
00:22:54.440 --> 00:22:58.560
something that was automatically known to be transferred at the time of the creation?

400
00:22:58.920 --> 00:23:03.160
So that assessment is a legal assessment and it needs to be accurate.

401
00:23:03.800 --> 00:23:07.120
You can't have somebody make a mistake on this because what you don't want

402
00:23:07.120 --> 00:23:09.320
to do is start using it, then all of a sudden the guy comes out at a

403
00:23:09.320 --> 00:23:10.920
woodwork and says, that's partially mine.

404
00:23:10.920 --> 00:23:11.920
I want the money for it.

405
00:23:12.360 --> 00:23:12.720
Right.

406
00:23:12.720 --> 00:23:15.800
I need to look at our, all of our non-disclosures because some

407
00:23:15.800 --> 00:23:18.360
of them said things specifically.

408
00:23:18.360 --> 00:23:25.040
Like, um, everything you're doing, you know, belongs to us at the end.

409
00:23:25.040 --> 00:23:29.760
Cause we're an entity and you're making it first and we can't get screwed later.

410
00:23:30.280 --> 00:23:32.520
So I said that.

411
00:23:33.000 --> 00:23:33.440
Yeah.

412
00:23:33.440 --> 00:23:39.720
And so, um, you know, uh, what I would say is if you're, if your NDA doesn't

413
00:23:39.720 --> 00:23:43.720
have a non-compete language in there and you're, you really need non-compete

414
00:23:43.720 --> 00:23:47.800
language, you can ping me, I can get you an NDA that has NDA and non-compete stuff.

415
00:23:48.440 --> 00:23:51.360
I have like a powerful bulletproof NDA that I use.

416
00:23:51.400 --> 00:23:57.240
I've created over like many years, but then separate from that, um, you need to

417
00:23:57.240 --> 00:24:02.560
do a direct assessment of, of this individual, like what was their role?

418
00:24:03.160 --> 00:24:04.600
What were they compensated for?

419
00:24:04.600 --> 00:24:06.560
What equipment were they using?

420
00:24:06.560 --> 00:24:07.560
There wasn't, it was there.

421
00:24:07.560 --> 00:24:09.080
It wasn't not an employee agreement.

422
00:24:09.320 --> 00:24:12.440
What was in the third party contract agreement?

423
00:24:12.880 --> 00:24:17.000
Like there's a number of factors you want to look at, uh, to make sure that it's,

424
00:24:17.080 --> 00:24:20.680
it's right, it's, it's not an incredibly expensive process, but

425
00:24:20.680 --> 00:24:21.720
you got to make sure it's right.

426
00:24:22.240 --> 00:24:22.440
Yeah.

427
00:24:22.440 --> 00:24:26.800
Because that one, that one decision is going to make it so that you can

428
00:24:26.800 --> 00:24:28.840
basically cut the person off and move on.

429
00:24:29.440 --> 00:24:32.640
Um, and just, so other people who are listening in here, you're like, well,

430
00:24:32.640 --> 00:24:33.720
what does this have to do with me?

431
00:24:34.000 --> 00:24:35.440
Let me tell you what this has to do with you.

432
00:24:35.440 --> 00:24:35.800
All right.

433
00:24:36.520 --> 00:24:39.520
A lot of you are starting out with your companies and you're starting to grow.

434
00:24:39.560 --> 00:24:41.680
So you're going to hire third parties to help you out.

435
00:24:42.960 --> 00:24:43.400
Okay.

436
00:24:43.840 --> 00:24:47.920
Because you don't have the money to hire people full time yet.

437
00:24:48.520 --> 00:24:50.120
You're still in growing phase.

438
00:24:50.640 --> 00:24:52.840
So you're outsourcing things, right?

439
00:24:52.840 --> 00:24:55.480
You're outsourcing funnel creation.

440
00:24:55.480 --> 00:24:57.480
You're outsourcing artistic works.

441
00:24:57.480 --> 00:24:59.800
You're outsourcing active campaign work.

442
00:24:59.800 --> 00:24:59.960
You're.

443
00:25:00.000 --> 00:25:04.000
outsourcing, you know, payroll, you're outsourcing things.

444
00:25:04.000 --> 00:25:07.940
So you have to figure out when you're outsourcing things,

445
00:25:07.940 --> 00:25:12.860
who is doing the creative work, okay?

446
00:25:12.860 --> 00:25:16.400
Now, Ray is an employee of mine, all right?

447
00:25:16.400 --> 00:25:19.920
She's amazing, she's available whenever I need her, okay?

448
00:25:19.920 --> 00:25:21.320
And she's six hours behind

449
00:25:21.320 --> 00:25:23.320
and she's available whenever I need her.

450
00:25:24.920 --> 00:25:26.360
I won't go into more detail than that.

451
00:25:26.360 --> 00:25:29.020
Let's just say that she hasn't slept much sometimes.

452
00:25:29.060 --> 00:25:31.980
But the whole point being that whatever she creates,

453
00:25:31.980 --> 00:25:34.660
I expect to own everything.

454
00:25:34.660 --> 00:25:36.740
And she's ridiculously creative.

455
00:25:36.740 --> 00:25:40.320
Like she's helped me with stuff, even in my own work.

456
00:25:41.260 --> 00:25:43.220
I'm like, how'd you come up with that?

457
00:25:43.220 --> 00:25:46.640
She just does somehow, I don't know.

458
00:25:46.640 --> 00:25:49.660
But all the creative works are mine, right?

459
00:25:49.660 --> 00:25:52.020
Now, if she tomorrow said,

460
00:25:52.020 --> 00:25:53.820
man, Peter doesn't let me sleep.

461
00:25:53.820 --> 00:25:56.040
I'm going over here instead.

462
00:25:56.040 --> 00:25:57.480
I'm taking my creative works.

463
00:25:58.400 --> 00:26:01.280
That wouldn't be wise, right?

464
00:26:01.280 --> 00:26:04.780
So the point being, you have to establish stuff

465
00:26:04.780 --> 00:26:06.600
in your relationships with the third parties

466
00:26:06.600 --> 00:26:08.720
that you're working with or your employees

467
00:26:08.720 --> 00:26:11.640
or whatever beforehand, you have to do that.

468
00:26:11.640 --> 00:26:14.620
Because what can happen,

469
00:26:14.620 --> 00:26:17.560
I have a really good friend who called me up yesterday,

470
00:26:17.560 --> 00:26:22.560
hired somebody to deal with certain creative works.

471
00:26:23.560 --> 00:26:28.560
And then all of a sudden he's like, what am I gonna do?

472
00:26:29.080 --> 00:26:31.240
Like, what am I gonna do in this situation?

473
00:26:31.240 --> 00:26:34.040
The person wants more, you know?

474
00:26:34.040 --> 00:26:36.840
And I'm like, well, what was in the original agreement?

475
00:26:36.840 --> 00:26:37.940
What original agreement?

476
00:26:37.940 --> 00:26:41.820
I'm like, oh, are you kidding me?

477
00:26:41.820 --> 00:26:45.120
It's like, so you gotta think about these things beforehand.

478
00:26:45.120 --> 00:26:46.800
If you don't think about these things beforehand,

479
00:26:46.800 --> 00:26:49.420
then you can run into a lot of problems.

480
00:26:49.420 --> 00:26:53.620
So anytime you're asking somebody to do a creative work,

481
00:26:53.620 --> 00:26:55.020
make sure that the relationship

482
00:26:55.020 --> 00:26:58.620
is outlined in writing beforehand.

483
00:26:58.620 --> 00:27:01.220
I want Cecil to do a logo for me.

484
00:27:01.220 --> 00:27:06.220
Cecil, in that agreement, I'm paying you $3,000, $5,000,

485
00:27:07.500 --> 00:27:09.820
whatever it is, you hereby assign

486
00:27:09.820 --> 00:27:12.060
all right title and interest over to me.

487
00:27:13.460 --> 00:27:18.240
Sign this document before I send you a single penny, right?

488
00:27:18.280 --> 00:27:22.400
GoDaddy, I went to GoDaddy to create a website.

489
00:27:22.400 --> 00:27:24.400
I don't know why, because I know how to make websites.

490
00:27:24.400 --> 00:27:27.040
But anyways, I went to GoDaddy to,

491
00:27:27.040 --> 00:27:30.120
because I didn't have time for them to do work on.

492
00:27:30.120 --> 00:27:32.080
And they said, well, since you purchased the package,

493
00:27:32.080 --> 00:27:33.060
you get a logo.

494
00:27:33.960 --> 00:27:34.800
They said, okay, well,

495
00:27:34.800 --> 00:27:36.360
can you tell us what you're thinking of?

496
00:27:36.360 --> 00:27:37.200
I said, yeah, sure.

497
00:27:37.200 --> 00:27:40.040
I want to see three circles kind of intertwined.

498
00:27:40.040 --> 00:27:42.800
On the inside, they become leaves and it represents this.

499
00:27:42.800 --> 00:27:45.620
And this is all, that's my trademark, right?

500
00:27:45.620 --> 00:27:48.220
So they send me a communication saying,

501
00:27:48.220 --> 00:27:49.660
okay, here's the final version.

502
00:27:49.660 --> 00:27:52.460
I have to went through like eight edits

503
00:27:52.460 --> 00:27:54.060
because they kept getting it wrong and wrong

504
00:27:54.060 --> 00:27:56.300
to the point where I drew it for them and gave it to them.

505
00:27:56.300 --> 00:27:58.420
And then they created it and they're like,

506
00:27:58.420 --> 00:28:00.800
then they claimed ownership to it.

507
00:28:00.800 --> 00:28:02.740
They said, well, that's ours.

508
00:28:02.740 --> 00:28:04.660
I said, yeah, good luck with that.

509
00:28:04.660 --> 00:28:05.500
Good luck with that.

510
00:28:05.500 --> 00:28:06.980
I'm an IP attorney.

511
00:28:06.980 --> 00:28:08.840
I will make your life very miserable.

512
00:28:09.900 --> 00:28:12.040
You know, you created it based on my drawing.

513
00:28:12.040 --> 00:28:13.560
You know you did.

514
00:28:13.560 --> 00:28:16.040
So, you know, what do you want to do?

515
00:28:16.040 --> 00:28:16.960
And what did they do?

516
00:28:16.960 --> 00:28:18.680
They signed a document saying,

517
00:28:18.680 --> 00:28:20.720
I hereby assign all right title and interest

518
00:28:20.720 --> 00:28:22.760
to Mr. Nieves, right?

519
00:28:22.760 --> 00:28:26.380
But go daddy, the ones that I actually gave the image to

520
00:28:26.380 --> 00:28:29.400
actually came to me and said that the image was theirs.

521
00:28:29.400 --> 00:28:32.600
And if they're willing to do that to an IP attorney,

522
00:28:32.600 --> 00:28:34.600
to somebody who is handing them the drawing,

523
00:28:34.600 --> 00:28:37.720
I guarantee you they'll be willing to do it to you.

524
00:28:37.720 --> 00:28:40.200
So make sure you do, you know what you're doing here

525
00:28:40.200 --> 00:28:41.320
and don't get into trouble

526
00:28:41.320 --> 00:28:46.320
because the alternative is you're hiring me at $600 an hour.

527
00:28:46.480 --> 00:28:48.080
I'd much rather you get it right in the beginning

528
00:28:48.080 --> 00:28:49.600
where you're not paying that, okay?

529
00:28:49.600 --> 00:28:52.880
All right, let's go into doing a trademark application now

530
00:28:52.880 --> 00:28:57.880
because it's going to take us about 20 minutes to go through

531
00:28:58.280 --> 00:29:00.840
because I want to take it slowly

532
00:29:01.720 --> 00:29:04.100
so everybody really understands what's going on.

533
00:29:04.100 --> 00:29:08.060
So with that being the case, let me share my screen.

534
00:29:08.940 --> 00:29:09.780
Hey, TJ.

535
00:29:10.780 --> 00:29:11.860
Bro, you're a celebrity.

536
00:29:11.860 --> 00:29:15.380
Everybody's talking about your small houses over there.

537
00:29:18.500 --> 00:29:20.600
All right, here we go, sharing the screen.

538
00:29:22.540 --> 00:29:25.240
Okay, all right, let's go to uspto.gov.

539
00:29:28.900 --> 00:29:31.180
All right, so now I'm going to trademarks

540
00:29:32.260 --> 00:29:36.180
and now under trademarks, I'm going to apply online.

541
00:29:36.180 --> 00:29:37.980
See that right there, apply online.

542
00:29:38.980 --> 00:29:43.980
Okay, now you guys are going to have to do something

543
00:29:44.340 --> 00:29:47.500
a little different since you haven't filed one before.

544
00:29:47.500 --> 00:29:49.700
You might want to go through this first timer thing,

545
00:29:49.700 --> 00:29:52.380
basic information before filing.

546
00:29:52.380 --> 00:29:54.300
But since I've filed before,

547
00:29:54.300 --> 00:29:58.340
I click on this login to tease thing

548
00:29:58.340 --> 00:30:00.100
and I just start filing.

549
00:30:00.000 --> 00:30:02.760
For you, it might be a little different.

550
00:30:04.820 --> 00:30:06.380
I have to figure out,

551
00:30:06.380 --> 00:30:09.340
it's been a long time since I did it for the first time.

552
00:30:09.340 --> 00:30:14.140
So let me see if I make believe

553
00:30:14.140 --> 00:30:15.660
that I've never done this before.

554
00:30:15.660 --> 00:30:16.900
Let me see what happens.

555
00:30:19.980 --> 00:30:21.740
Yeah, it's different.

556
00:30:21.740 --> 00:30:23.820
Okay, okay, here it is, here it is.

557
00:30:23.820 --> 00:30:25.820
All right, so what's gonna happen for you

558
00:30:25.820 --> 00:30:27.160
is you're gonna come to the screen

559
00:30:27.160 --> 00:30:29.060
and it's gonna say, I need an account.

560
00:30:30.300 --> 00:30:33.900
And you're gonna click on create a USPTO.gov account.

561
00:30:33.900 --> 00:30:36.140
Okay, Helene, you did this, right?

562
00:30:37.180 --> 00:30:38.460
When you did it for the first time,

563
00:30:38.460 --> 00:30:39.300
is that what happened?

564
00:30:39.300 --> 00:30:40.400
You got that screen?

565
00:30:43.020 --> 00:30:43.900
There's been a long time

566
00:30:43.900 --> 00:30:47.820
since I haven't been a member of the USPTO, so.

567
00:30:47.820 --> 00:30:50.620
It's been a long time since I did it too.

568
00:30:50.620 --> 00:30:52.620
Yeah, so at some point,

569
00:30:52.620 --> 00:30:53.820
you're gonna get to this screen here

570
00:30:53.820 --> 00:30:58.180
that says create a new USPTO.gov account, okay?

571
00:30:58.180 --> 00:30:59.500
When you click that,

572
00:31:00.000 --> 00:31:01.200
then you'll fill out the information, okay?

573
00:31:01.200 --> 00:31:02.840
For me, I don't have to do that

574
00:31:02.840 --> 00:31:05.280
because I've done this a lot.

575
00:31:08.200 --> 00:31:11.160
So I think I could use this one.

576
00:31:11.160 --> 00:31:13.100
I don't wanna use my work one.

577
00:31:13.100 --> 00:31:13.940
Let me see.

578
00:31:20.680 --> 00:31:21.960
I might have to use my work one,

579
00:31:21.960 --> 00:31:23.640
but hopefully I don't, we'll see.

580
00:31:24.880 --> 00:31:26.760
Yeah, it's not gonna accept it.

581
00:31:26.760 --> 00:31:27.600
Really?

582
00:31:28.460 --> 00:31:30.620
You're gonna make me change it?

583
00:31:30.620 --> 00:31:32.020
All right, let me change it.

584
00:31:40.980 --> 00:31:41.820
Continue.

585
00:31:47.300 --> 00:31:48.660
Let's see if that one works.

586
00:31:48.660 --> 00:31:50.100
Yep, okay.

587
00:31:50.100 --> 00:31:52.940
Quick disclaimer for everyone,

588
00:31:52.940 --> 00:31:55.860
please use Peter's Elite Challenges email

589
00:31:55.860 --> 00:31:57.100
if you wanna contact him.

590
00:31:58.600 --> 00:31:59.740
Let's see.

591
00:31:59.740 --> 00:32:01.060
Yeah, use that as support.

592
00:32:01.060 --> 00:32:04.460
Are you talking about for legal or for challenges?

593
00:32:05.900 --> 00:32:07.780
Well, don't you want them to start

594
00:32:07.780 --> 00:32:09.600
at Elite Challenges for anything?

595
00:32:12.220 --> 00:32:14.420
Yeah, you can do that.

596
00:32:14.420 --> 00:32:15.260
That's fine.

597
00:32:16.300 --> 00:32:19.540
All right, so I am going to open up my work stuff.

598
00:32:19.540 --> 00:32:20.660
I'm just doing it on the side

599
00:32:20.660 --> 00:32:22.140
so you guys can't see it all.

600
00:32:24.340 --> 00:32:26.620
Yeah, a quick comment while you're doing that, Peter.

601
00:32:26.620 --> 00:32:27.460
Yeah, go ahead.

602
00:32:28.280 --> 00:32:30.520
A couple of requests for some NDA templates in the chat.

603
00:32:30.520 --> 00:32:33.480
And I just wanna let you guys know that unfortunately

604
00:32:33.480 --> 00:32:35.840
we don't provide the templates because Peter's-

605
00:32:35.840 --> 00:32:36.920
Yeah, that's legal.

606
00:32:36.920 --> 00:32:38.440
That's legal work.

607
00:32:38.440 --> 00:32:41.080
Cannot do that because there's a liability

608
00:32:41.080 --> 00:32:41.960
associated with that.

609
00:32:41.960 --> 00:32:46.080
If you want NDAs, you can reach out to me directly

610
00:32:46.080 --> 00:32:49.520
and we would have to engage as a client

611
00:32:50.680 --> 00:32:51.920
before I gave you an NDA

612
00:32:51.920 --> 00:32:56.600
because the stuff that I give is very high caliber

613
00:32:56.620 --> 00:32:59.780
and there's a liability associated

614
00:32:59.780 --> 00:33:02.220
with anything that you give to somebody.

615
00:33:02.220 --> 00:33:03.740
All right, let me put in my code.

616
00:33:03.740 --> 00:33:05.100
Right-click, paste.

617
00:33:08.300 --> 00:33:09.940
Click Control D.

618
00:33:09.940 --> 00:33:11.700
Yep, it worked.

619
00:33:11.700 --> 00:33:12.540
Verify.

620
00:33:14.620 --> 00:33:15.640
Signing in.

621
00:33:16.700 --> 00:33:17.540
And we're in.

622
00:33:17.540 --> 00:33:20.660
Okay, all right, let me share my screen again with you.

623
00:33:20.660 --> 00:33:23.460
I just didn't want you to see my work stuff

624
00:33:23.460 --> 00:33:25.020
because it's work.

625
00:33:25.020 --> 00:33:28.200
All right, so now you get to this screen here.

626
00:33:28.200 --> 00:33:31.000
So the screen here tells you, see, here's your option.

627
00:33:31.000 --> 00:33:33.880
File an application right there under trademarks.

628
00:33:33.880 --> 00:33:37.120
So you click on that, file a TEAS application

629
00:33:37.120 --> 00:33:38.720
and you get to the screen here.

630
00:33:40.200 --> 00:33:43.740
Okay, now this is what I would suggest.

631
00:33:46.440 --> 00:33:48.080
This is just me.

632
00:33:48.080 --> 00:33:49.760
I'd go right over here to this button that says

633
00:33:49.760 --> 00:33:51.840
skip for now and continue to forms.

634
00:33:51.840 --> 00:33:53.820
I don't like dealing with all the garbage paperwork

635
00:33:53.840 --> 00:33:55.840
that comes from the government.

636
00:33:55.840 --> 00:33:57.380
You can read through it all you want.

637
00:33:57.380 --> 00:33:58.720
I don't need to deal with it.

638
00:33:58.720 --> 00:34:00.360
So I just, I skip it all.

639
00:34:01.800 --> 00:34:04.360
So let me subtract, make it a little smaller here.

640
00:34:04.360 --> 00:34:07.280
Okay, this is what you're going to see

641
00:34:07.280 --> 00:34:08.639
for a trademark application.

642
00:34:08.639 --> 00:34:10.360
This is what it looks like.

643
00:34:10.360 --> 00:34:14.100
All right, let me close my work email.

644
00:34:14.100 --> 00:34:14.940
Work's closed.

645
00:34:14.940 --> 00:34:18.139
All right, so now as you scroll down,

646
00:34:19.100 --> 00:34:21.719
there are two options.

647
00:34:21.739 --> 00:34:26.739
There is a TEAS plus form or a TEAS standard form.

648
00:34:27.540 --> 00:34:30.380
Let me explain the difference between the two.

649
00:34:30.380 --> 00:34:34.600
If you want to use the government's classification

650
00:34:34.600 --> 00:34:37.260
of the goods and services that you're providing,

651
00:34:37.260 --> 00:34:40.179
like their description, then select TEAS plus.

652
00:34:40.179 --> 00:34:41.500
It's easier to use.

653
00:34:42.540 --> 00:34:46.219
I'm going to give you an example live of what it looks like

654
00:34:46.219 --> 00:34:47.739
to file with a TEAS plus.

655
00:34:47.739 --> 00:34:49.739
We're going to do that in a second.

656
00:34:49.760 --> 00:34:51.840
If you want to use your own words,

657
00:34:52.760 --> 00:34:55.420
meaning you want to be able to say yourself,

658
00:34:56.840 --> 00:35:00.320
shoes for being worn by.

659
00:35:00.000 --> 00:35:10.280
Adolescents. If you want to do that, then you want to select the second choice, which is T standard. That is using your own words, not using the government's words.

660
00:35:10.880 --> 00:35:23.520
If you use your own words, it costs you $100 more per class. You see that? $350 to use your own words. If you use their words, which are pre-selected, then it costs you $100 less.

661
00:35:24.520 --> 00:35:39.520
I'm going to assume everybody here knows how to use their own words because you know how to speak. Therefore, I'm not going to go through the example of the $350 example because everybody knows how to type what they're thinking.

662
00:35:40.520 --> 00:35:49.520
I'm going to go through the example of using the government's description, which is under T's plus. Now, what I do is I scroll down.

663
00:35:50.520 --> 00:36:00.520
I am a patent attorney, a trademark attorney, a copyright attorney, trade secret law attorney. This next line is problematic for me.

664
00:36:00.520 --> 00:36:08.520
I'm an attorney, so when I filed my own application as an attorney, this form is not created for me. It doesn't work.

665
00:36:09.520 --> 00:36:16.520
I am an attorney, but when you select an attorney, you have to then give the name and information of the attorney, and it can't be you.

666
00:36:17.520 --> 00:36:28.520
None of you have to deal with this. All of you will be able to say, where it says, is an attorney filing this? You can either say no, or if you're using an attorney, they'll select yes.

667
00:36:29.520 --> 00:36:52.520
For me, it doesn't work. I found that kind of hilarious when I spoke to the trademark office. I said, technically, when I file with you, I'm lying because I am an attorney, and it is an attorney filing this, but if I select your option, then you ask me for the information for the attorney, and since it's the same as my name, you reject my application.

668
00:36:53.520 --> 00:37:03.520
Apparently, it doesn't work for me, but in any case, let's assume that an attorney is not filing. There we go.

669
00:37:04.520 --> 00:37:14.520
All right, so no attorneys filing. Then it says, we recommend you review the materials, blah, blah, blah, before completing the application. Basically, they're telling you that you can make a lot of mistakes.

670
00:37:14.520 --> 00:37:34.520
Now, just for point of reference, I strongly suggest that you do not file your own application the first time. Strongly. Why would I do that, even though I'm teaching you all this different stuff? Because you make one mistake, a lot of times you can't fix it.

671
00:37:35.520 --> 00:37:47.520
If you can't fix it, you just threw the money away. I understand that many of you are very savvy, very smart, but the first time you do it, you should at least the first time use an attorney.

672
00:37:48.520 --> 00:38:08.520
I file my own because I am an attorney. I know what I'm doing, but I wouldn't if I were you. This is not a training in how to file your own applications. That's not what I'm doing. What I'm doing is I'm showing you what an attorney actually does, or their paralegal does, so you understand what you need to give them, and you understand every single part of an application.

673
00:38:09.520 --> 00:38:11.520
That's going to decrease your cost when you work with your attorneys.

674
00:38:12.520 --> 00:38:23.520
Now, let's go down to, you're not going to need this, upload a previously saved form. This is if you did an application already, and you saved it, you can just upload it.

675
00:38:24.520 --> 00:38:36.520
Let's say you decided to start your trademark application, but then your spouse or your kid or whatever says, hey, let's go eat dinner, and you're like, all right, I got to go.

676
00:38:37.520 --> 00:38:48.520
You could save it and then come back, and this is where you would choose the file to upload, but you're not doing that if it's new. Let me close that. Then you just click continue.

677
00:38:49.520 --> 00:38:54.520
Okay, now we start to get into the meat of this stuff. Owner of the mark.

678
00:38:56.520 --> 00:39:10.520
Okay, now I'm just going to kind of randomly call on some people here just to make sure we have some interaction here. Owner of the mark. Let's go to Ginny. Do you mind sharing with me?

679
00:39:13.520 --> 00:39:14.520
Hi.

680
00:39:14.520 --> 00:39:15.520
Hi.

681
00:39:16.520 --> 00:39:17.520
I'd be happy to.

682
00:39:17.520 --> 00:39:30.520
Awesome. All right, so here's what we're going to do. We're going to look at the first field, owner of the mark. So if you were filing a trademark application, would you file it in your own name or your company's name? What would you do?

683
00:39:35.520 --> 00:39:39.520
Because I don't officially have a company right now, it would be under my name.

684
00:39:40.520 --> 00:39:57.520
Okay, there you go. So there's an example of where, you know, Ginny would be filing it under her own name. Now, somebody else might have a company, in which case what they would do for the owner of the mark is they would say, you know, like me, A to E challenges LLC. Right? Make sense?

685
00:39:57.520 --> 00:39:59.520
All right, so now remember all the people.

686
00:40:00.000 --> 00:40:02.920
on day one who are incredibly brilliant,

687
00:40:02.920 --> 00:40:05.120
who are asking about DBAs.

688
00:40:05.120 --> 00:40:08.760
Remember that a lot of people are like, I've got a DBA.

689
00:40:08.760 --> 00:40:11.240
Is the trademark available for this or not?

690
00:40:11.240 --> 00:40:13.500
So this is where DBAs come in.

691
00:40:14.320 --> 00:40:17.320
So right here, you'd click the DBA button

692
00:40:17.320 --> 00:40:19.220
and you type in your DBA.

693
00:40:19.220 --> 00:40:20.560
Awesome Enterprises.

694
00:40:20.560 --> 00:40:23.320
That's, you know, AD challenges, Awesome Enterprises.

695
00:40:23.320 --> 00:40:25.280
So I just made that up.

696
00:40:25.280 --> 00:40:26.640
So that, that would be my DBA.

697
00:40:26.640 --> 00:40:27.480
All right.

698
00:40:27.480 --> 00:40:29.860
So now I'm going to ask Jenny one more question here.

699
00:40:29.860 --> 00:40:32.100
So now, entity type.

700
00:40:32.100 --> 00:40:34.340
Since you're filing it for yourself,

701
00:40:34.340 --> 00:40:35.640
let's say you're filing it for yourself,

702
00:40:35.640 --> 00:40:36.540
which you're not going to,

703
00:40:36.540 --> 00:40:39.140
you're going to work with an attorney the first time,

704
00:40:39.140 --> 00:40:42.100
but which one would you choose here under entity type?

705
00:40:44.360 --> 00:40:45.920
I'm thinking LLC.

706
00:40:47.100 --> 00:40:51.820
So if you are filing it yourself.

707
00:40:51.820 --> 00:40:53.260
Okay.

708
00:40:53.260 --> 00:40:55.160
And I don't have a company.

709
00:40:55.160 --> 00:40:57.380
Right. So who, who is going to owner it?

710
00:40:57.380 --> 00:40:58.540
Are you going to own it?

711
00:40:58.540 --> 00:41:00.180
I guess it'd be individual then.

712
00:41:00.180 --> 00:41:02.620
Right. Then for you, it would be an individual.

713
00:41:02.620 --> 00:41:05.140
But for me, since it's an LLC, like you said,

714
00:41:05.140 --> 00:41:06.660
you were right in your answer.

715
00:41:06.660 --> 00:41:08.100
For AD challenges LLC,

716
00:41:08.100 --> 00:41:11.060
I would select Limited Liability Company.

717
00:41:11.060 --> 00:41:12.580
Now this is what happens when you,

718
00:41:12.580 --> 00:41:14.420
thanks for, thanks for helping Jenny.

719
00:41:14.420 --> 00:41:16.900
So this is what happens when you,

720
00:41:17.740 --> 00:41:19.760
when you select LLC now, okay?

721
00:41:21.220 --> 00:41:22.920
Let me show you what happens here.

722
00:41:24.500 --> 00:41:28.440
Once you select that, this field opens.

723
00:41:29.280 --> 00:41:32.160
Now you get to select what state your LLC is in.

724
00:41:32.160 --> 00:41:33.960
Where was it formed?

725
00:41:33.960 --> 00:41:36.920
So you just go through here and you figure it out.

726
00:41:36.920 --> 00:41:39.340
So DC, there you go.

727
00:41:40.920 --> 00:41:45.340
Or like for me, New Hampshire, that's it.

728
00:41:46.480 --> 00:41:49.480
Okay. Now some of you are in other countries.

729
00:41:49.480 --> 00:41:50.460
If you're in another country,

730
00:41:50.460 --> 00:41:52.840
just select the bottom one here.

731
00:41:52.840 --> 00:41:56.680
So if you're over here, you might go Argentina, right?

732
00:41:57.680 --> 00:42:00.040
In which case there's no U.S. state.

733
00:42:00.040 --> 00:42:01.440
You just select Argentina.

734
00:42:02.480 --> 00:42:05.500
And then you go to your next field.

735
00:42:05.500 --> 00:42:08.080
Then you type in your mailing address.

736
00:42:09.240 --> 00:42:11.080
Let's say I'm making up stuff.

737
00:42:11.080 --> 00:42:13.280
So let's say it's like 200.

738
00:42:13.280 --> 00:42:14.800
Oops.

739
00:42:14.800 --> 00:42:19.800
Say it's 200, great, fine.

740
00:42:19.880 --> 00:42:21.260
Let's say Lane.

741
00:42:22.280 --> 00:42:24.280
Just make up different ones each time.

742
00:42:25.160 --> 00:42:26.480
Let's say that's Concord.

743
00:42:30.720 --> 00:42:33.000
And then the state you put in your state,

744
00:42:33.000 --> 00:42:35.480
that would be New Hampshire.

745
00:42:35.480 --> 00:42:40.260
And your zip, 03-101.

746
00:42:41.120 --> 00:42:42.280
Say that's what it is.

747
00:42:42.280 --> 00:42:43.120
All right.

748
00:42:44.520 --> 00:42:46.800
This next box, you don't really have to worry about

749
00:42:46.800 --> 00:42:48.040
unless you're in another country.

750
00:42:48.040 --> 00:42:49.840
So it says uncheck this box.

751
00:42:49.840 --> 00:42:51.920
If the domicile address and mailing address

752
00:42:51.920 --> 00:42:53.840
to the trademark owner are not the same.

753
00:42:54.400 --> 00:42:57.960
So if the place that you are listing

754
00:42:57.960 --> 00:42:59.480
for your mailing address is different

755
00:42:59.480 --> 00:43:00.920
from where you're living,

756
00:43:00.920 --> 00:43:04.020
then you would uncheck this, okay?

757
00:43:05.400 --> 00:43:07.240
That's not usually the case.

758
00:43:07.240 --> 00:43:10.620
So I personally don't list my own phone number.

759
00:43:10.620 --> 00:43:12.020
I know some people do.

760
00:43:12.020 --> 00:43:13.360
It's not required.

761
00:43:14.320 --> 00:43:17.800
It allows the examiner to reach out to you and call you

762
00:43:17.800 --> 00:43:19.420
if there's a problem with the application.

763
00:43:19.420 --> 00:43:20.920
So there is a convenience to that.

764
00:43:20.920 --> 00:43:23.640
But just remember everything that you submit on this form

765
00:43:24.320 --> 00:43:25.880
is publicly available.

766
00:43:25.880 --> 00:43:29.120
So when you click submit, it's on the USPTO website

767
00:43:29.120 --> 00:43:32.520
and other people can access it easily, okay?

768
00:43:33.860 --> 00:43:34.700
All right.

769
00:43:34.700 --> 00:43:36.760
And then you enter your email address here.

770
00:43:37.620 --> 00:43:39.080
There you go.

771
00:43:39.080 --> 00:43:42.920
Say, 03.

772
00:43:42.920 --> 00:43:44.880
I think if I keep using the same one each time,

773
00:43:44.880 --> 00:43:47.120
they're gonna catch on that it's all fake.

774
00:43:47.120 --> 00:43:49.640
Six, eight, five.

775
00:43:49.640 --> 00:43:50.880
Let's do that this time.

776
00:43:52.000 --> 00:43:52.880
All right.

777
00:43:52.880 --> 00:43:56.280
So now a web address.

778
00:43:56.280 --> 00:43:57.880
You can put down your web address if you want.

779
00:43:57.880 --> 00:43:59.920
I don't see any reason to do that.

780
00:43:59.920 --> 00:44:01.280
So then you click continue.

781
00:44:02.180 --> 00:44:06.640
All right, now let's move this over.

782
00:44:06.640 --> 00:44:09.260
It's asking for your mailing address.

783
00:44:10.480 --> 00:44:11.320
All right.

784
00:44:11.320 --> 00:44:12.760
Do you see over here how,

785
00:44:13.720 --> 00:44:16.000
if you've entered information into your form,

786
00:44:16.000 --> 00:44:17.440
it's gonna auto populate.

787
00:44:17.440 --> 00:44:18.820
So sometimes what you might have to do

788
00:44:18.820 --> 00:44:20.040
is just right click cut

789
00:44:20.040 --> 00:44:22.280
and then put it where it belongs like that.

790
00:44:22.840 --> 00:44:24.760
The good thing about the USPTO website

791
00:44:24.760 --> 00:44:27.880
is that it'll catch errors as you're going along

792
00:44:27.880 --> 00:44:29.560
and it won't let you go forward.

793
00:44:29.560 --> 00:44:32.780
Okay, so now I just moved it from there to there.

794
00:44:32.780 --> 00:44:35.400
The thing that auto populated, I click continue

795
00:44:35.400 --> 00:44:37.440
and everything's still fine, all right?

796
00:44:37.440 --> 00:44:40.200
So now we go down and we decide,

797
00:44:40.200 --> 00:44:43.500
are we filing for a wordmark or are we filing for design?

798
00:44:44.940 --> 00:44:46.000
That's the next step.

799
00:44:47.280 --> 00:44:49.120
So if it's a wordmark,

800
00:44:49.120 --> 00:44:51.840
then you just do standard characters.

801
00:44:52.440 --> 00:44:53.840
You come in here and you type in the word, right?

802
00:44:53.840 --> 00:44:57.320
So F-E-S-T-H-I-R.

803
00:44:57.320 --> 00:45:00.020
Let's say, there you go, for sure.

804
00:45:00.000 --> 00:45:03.280
That's the word mark, okay?

805
00:45:03.280 --> 00:45:05.220
Then you can preview what it looks like.

806
00:45:05.220 --> 00:45:07.420
That's what it looks like after you do that.

807
00:45:10.480 --> 00:45:13.560
Now, this part here is for additional statements.

808
00:45:13.560 --> 00:45:15.600
Most of you aren't gonna need it.

809
00:45:15.600 --> 00:45:17.200
You can read it on your own.

810
00:45:18.660 --> 00:45:19.920
I don't need one.

811
00:45:19.920 --> 00:45:23.800
I don't need to provide like translations of my word

812
00:45:23.800 --> 00:45:25.720
or other things.

813
00:45:25.720 --> 00:45:27.300
Like if I have another trademark

814
00:45:27.300 --> 00:45:31.180
that is already pending, that's very similar,

815
00:45:31.180 --> 00:45:33.020
I can identify that.

816
00:45:33.020 --> 00:45:34.940
Many of you aren't gonna have that situation,

817
00:45:34.940 --> 00:45:37.340
but you can read that on your own, that last phrase.

818
00:45:37.340 --> 00:45:38.620
So I click continue.

819
00:45:39.980 --> 00:45:42.820
Now I come to the interesting part.

820
00:45:42.820 --> 00:45:44.240
Everything up to there is kind of boring.

821
00:45:44.240 --> 00:45:45.780
Now it gets a little interesting.

822
00:45:45.780 --> 00:45:48.320
So now I have to specify the goods.

823
00:45:48.320 --> 00:45:49.360
Remember that?

824
00:45:49.360 --> 00:45:50.980
Remember I told you you gotta specify the goods

825
00:45:50.980 --> 00:45:53.220
or services that you're using a trademark on?

826
00:45:54.900 --> 00:45:56.760
There's where I do it.

827
00:45:57.160 --> 00:45:59.160
So now I click on add goods and services.

828
00:46:00.200 --> 00:46:02.160
Okay, this is where we get to have fun.

829
00:46:04.520 --> 00:46:09.120
Up here on the search for area, I can type in what I need.

830
00:46:09.120 --> 00:46:11.460
So let's say shoes.

831
00:46:11.460 --> 00:46:12.300
Go.

832
00:46:13.400 --> 00:46:17.000
Here's every single international class

833
00:46:17.000 --> 00:46:18.800
that has anything to do with shoes.

834
00:46:18.800 --> 00:46:19.940
They're all there.

835
00:46:19.940 --> 00:46:21.940
See how it just popped up for you?

836
00:46:21.940 --> 00:46:23.520
Nice and easy to use.

837
00:46:24.960 --> 00:46:25.800
Okay.

838
00:46:27.720 --> 00:46:30.520
The problem with it is that there's a lot.

839
00:46:30.520 --> 00:46:33.120
Like you have to look through them all and see,

840
00:46:34.160 --> 00:46:37.600
what exactly, which ones are the ones that I'm using?

841
00:46:37.600 --> 00:46:39.560
Like if you did your own application,

842
00:46:39.560 --> 00:46:41.320
you could just type the words,

843
00:46:41.320 --> 00:46:43.560
but since you're using the cheaper version,

844
00:46:43.560 --> 00:46:46.400
you've gotta use their words.

845
00:46:46.400 --> 00:46:48.000
So let's say that you're doing,

846
00:46:50.480 --> 00:46:52.360
let's say you are, let me back up here

847
00:46:52.360 --> 00:46:54.400
to the first list here.

848
00:46:54.400 --> 00:46:57.000
You're doing shoes in general, class 25,

849
00:46:57.000 --> 00:47:02.000
and then you're doing baseball shoes, soccer shoes,

850
00:47:07.160 --> 00:47:10.660
tennis shoes, volleyball shoes,

851
00:47:11.720 --> 00:47:14.920
and what in the world are boat shoes?

852
00:47:14.920 --> 00:47:15.920
Never heard of that.

853
00:47:17.240 --> 00:47:18.540
Sports shoes.

854
00:47:18.860 --> 00:47:19.940
Women's shoes.

855
00:47:26.860 --> 00:47:28.800
Should be a men's shoes here somewhere.

856
00:47:28.800 --> 00:47:31.260
But let's say you go through all this one by one

857
00:47:31.260 --> 00:47:33.740
and you select all the ones that you want, right?

858
00:47:33.740 --> 00:47:37.340
Now that you're done, you say insert checked entries.

859
00:47:37.340 --> 00:47:38.780
Click it.

860
00:47:38.780 --> 00:47:40.380
See how they all pop up real easy?

861
00:47:40.380 --> 00:47:41.540
See how simple that was?

862
00:47:42.500 --> 00:47:43.380
They're all there.

863
00:47:45.100 --> 00:47:46.140
Very straightforward.

864
00:47:46.140 --> 00:47:47.820
They're all listed there.

865
00:47:47.820 --> 00:47:49.860
So now that they're all listed there,

866
00:47:49.860 --> 00:47:53.380
you have to assign a filing basis to them.

867
00:47:53.380 --> 00:47:58.340
So if you're already selling them in interstate commerce,

868
00:47:58.340 --> 00:48:01.100
then you can select 1A

869
00:48:01.100 --> 00:48:03.720
because it's actually all being used already.

870
00:48:03.720 --> 00:48:05.400
If you're going to at some point,

871
00:48:05.400 --> 00:48:08.860
but you're not doing it yet, you can select 1B.

872
00:48:08.860 --> 00:48:11.060
But what if some of them you are using

873
00:48:11.060 --> 00:48:13.380
and some of them you aren't yet?

874
00:48:13.380 --> 00:48:14.660
Let's say that's the case.

875
00:48:15.540 --> 00:48:16.620
Well, now you got an issue

876
00:48:16.620 --> 00:48:18.740
because now you've got,

877
00:48:18.740 --> 00:48:21.740
let's say you're already doing it for shoes in general.

878
00:48:21.740 --> 00:48:24.980
You're doing it for tennis, but you're not doing soccer,

879
00:48:24.980 --> 00:48:28.080
not doing women, you're not doing volleyball yet.

880
00:48:28.080 --> 00:48:31.280
So you unclick those two, right?

881
00:48:32.780 --> 00:48:34.660
So these are the ones that I am using it for.

882
00:48:34.660 --> 00:48:36.500
Shoes, baseball shoes, sports shoes,

883
00:48:36.500 --> 00:48:37.780
tennis shoes, women's shoes.

884
00:48:37.780 --> 00:48:39.620
I click 1A.

885
00:48:42.200 --> 00:48:43.780
So now I have selected

886
00:48:43.780 --> 00:48:46.900
that I am actually using the trademark

887
00:48:46.900 --> 00:48:49.380
in interstate commerce there for all of these.

888
00:48:49.380 --> 00:48:53.660
So now I've got to add a specimen which shows use,

889
00:48:53.660 --> 00:48:55.820
which could be like packaging or a picture.

890
00:48:55.820 --> 00:48:57.780
It could be a picture of the packaging

891
00:48:57.780 --> 00:49:02.780
or a picture of, let's say the product with the name on it.

892
00:49:03.020 --> 00:49:05.420
It has to show the trademark on the product

893
00:49:05.420 --> 00:49:08.380
or on the packaging, one or two, okay?

894
00:49:08.380 --> 00:49:11.900
So then you just click attach specimen

895
00:49:12.740 --> 00:49:15.460
and then you add your specimen, your picture.

896
00:49:15.460 --> 00:49:19.740
You just click choose file and you add it, you attach it.

897
00:49:20.620 --> 00:49:22.340
That's the picture of use.

898
00:49:22.340 --> 00:49:23.660
Then you just type in over here

899
00:49:23.660 --> 00:49:25.120
your description of the specimen.

900
00:49:25.120 --> 00:49:27.140
So you'll say, as an example,

901
00:49:27.140 --> 00:49:32.140
digital image of packaging for shoes.

902
00:49:36.320 --> 00:49:40.060
That's a description of the picture that you have, right?

903
00:49:40.900 --> 00:49:44.760
I have a pair of shoes, a pair of sneakers here somewhere.

904
00:49:45.900 --> 00:49:49.780
My father bought for me, which I know I'll never wear.

905
00:49:49.780 --> 00:49:51.900
So if anybody wants some sneakers, let me know,

906
00:49:51.900 --> 00:49:53.020
but they're not my style.

907
00:49:53.020 --> 00:49:53.860
So I don't wear them.

908
00:49:53.860 --> 00:49:55.620
Let me see if I can find them.

909
00:49:55.620 --> 00:49:56.860
Where's the packaging?

910
00:49:56.860 --> 00:49:57.700
Oh, there it is.

911
00:49:57.700 --> 00:49:58.520
All right.

912
00:49:58.520 --> 00:49:59.360
Are they in my size?

913
00:50:00.000 --> 00:50:02.500
Oh, I think my feet are a little bigger than yours.

914
00:50:02.500 --> 00:50:03.000
You know?

915
00:50:03.000 --> 00:50:11.400
OK, so here's a pair of pumas.

916
00:50:11.400 --> 00:50:12.480
I don't wear pumas.

917
00:50:12.480 --> 00:50:14.920
They're just, I mean, it's very nice of them, right?

918
00:50:14.920 --> 00:50:16.520
But here's the packaging.

919
00:50:16.520 --> 00:50:19.000
Puma, see that?

920
00:50:19.000 --> 00:50:20.080
Here, kitty, kitty.

921
00:50:20.080 --> 00:50:21.500
All right, so all you got to do is

922
00:50:21.500 --> 00:50:25.040
take a picture of the packaging there with your digital camera

923
00:50:25.040 --> 00:50:28.560
and then attach the picture in there as your specimen, OK?

924
00:50:28.600 --> 00:50:36.040
Now, you could do that, or you could go inside.

925
00:50:36.040 --> 00:50:38.000
And on the sneaker itself, you could

926
00:50:38.000 --> 00:50:44.840
take a picture of the sneaker itself right where it says

927
00:50:44.840 --> 00:50:46.480
Puma, right there.

928
00:50:46.480 --> 00:50:49.160
You could take a picture of it like that

929
00:50:49.160 --> 00:50:52.800
and then send that in, right?

930
00:50:52.800 --> 00:50:54.200
So nice sneakers.

931
00:50:54.200 --> 00:50:57.400
I just don't wear them, so.

932
00:50:57.400 --> 00:50:58.880
Too hard on my feet.

933
00:50:58.880 --> 00:51:00.680
I think I'm better.

934
00:51:00.680 --> 00:51:01.480
I like Jordans.

935
00:51:01.480 --> 00:51:05.320
So anyways, what you do is you would take that picture.

936
00:51:05.320 --> 00:51:07.200
You put that in as a specimen.

937
00:51:07.200 --> 00:51:10.400
So I'm just going to, just for purposes of getting it done,

938
00:51:10.400 --> 00:51:12.200
let's just choose a file.

939
00:51:12.200 --> 00:51:15.080
I'm going to choose any file, C drive.

940
00:51:15.080 --> 00:51:18.600
Actually, I had one right there, pictures.

941
00:51:18.600 --> 00:51:20.280
I'm going to put Jesus in there.

942
00:51:20.280 --> 00:51:21.120
There we go.

943
00:51:21.120 --> 00:51:21.920
That's it.

944
00:51:21.920 --> 00:51:23.760
All right, so now I'm going to attach Jesus

945
00:51:23.760 --> 00:51:25.480
to my application.

946
00:51:25.480 --> 00:51:26.720
Attach.

947
00:51:26.720 --> 00:51:28.520
There we go.

948
00:51:28.520 --> 00:51:30.480
I think the USPTO needs more Jesus.

949
00:51:30.480 --> 00:51:32.840
So let me return my form.

950
00:51:32.840 --> 00:51:34.280
Now return.

951
00:51:34.280 --> 00:51:35.840
All right, so now I've got my picture.

952
00:51:35.840 --> 00:51:36.480
There it is.

953
00:51:36.480 --> 00:51:37.680
It's in there.

954
00:51:37.680 --> 00:51:39.640
I've got the description.

955
00:51:39.640 --> 00:51:42.680
And now what I do is I put down my data first use.

956
00:51:42.680 --> 00:51:49.480
So when did I first use that logo or that word, right?

957
00:51:49.480 --> 00:51:50.320
Interstate Commerce.

958
00:51:50.320 --> 00:51:59.080
So I'd say, let's say 04-12, let's say 2021.

959
00:51:59.080 --> 00:52:01.360
And so that's the first time I use it anywhere,

960
00:52:01.360 --> 00:52:02.560
even internally.

961
00:52:02.560 --> 00:52:04.280
And then I put down the first time

962
00:52:04.280 --> 00:52:11.480
I used it in Interstate Commerce, let's say 24-2021.

963
00:52:11.480 --> 00:52:14.120
All right.

964
00:52:14.120 --> 00:52:18.160
And now I assign the following basis.

965
00:52:18.160 --> 00:52:19.560
Now look what happens.

966
00:52:19.560 --> 00:52:21.680
You see how over here it popped up on the right?

967
00:52:21.680 --> 00:52:24.320
1A, 1A, 1A, 1A, 1A.

968
00:52:24.320 --> 00:52:25.680
It's all done.

969
00:52:25.680 --> 00:52:27.480
See how simple that was?

970
00:52:27.480 --> 00:52:30.600
But now I have some here that have not

971
00:52:30.600 --> 00:52:32.440
had a following basis added.

972
00:52:32.440 --> 00:52:36.040
So what I do is I select those, this one and this one.

973
00:52:36.040 --> 00:52:41.040
And since I'm not using it yet, I would select 1B,

974
00:52:41.040 --> 00:52:43.520
because that's an intent to use application.

975
00:52:43.520 --> 00:52:47.120
So I select that, assign the following basis.

976
00:52:47.120 --> 00:52:48.480
Oh, hold it, hold it.

977
00:52:48.520 --> 00:52:50.840
Let me show you something real quick.

978
00:52:50.840 --> 00:52:55.640
They make you click this button here, right next to here.

979
00:52:55.640 --> 00:52:57.440
See to the left of where I'm highlighting,

980
00:52:57.440 --> 00:52:59.280
they make you click this button.

981
00:52:59.280 --> 00:53:01.600
The reason why is this button is telling you

982
00:53:01.600 --> 00:53:03.640
that at some point you're going to have to change it

983
00:53:03.640 --> 00:53:05.720
to an Act-to-Use application before they

984
00:53:05.720 --> 00:53:07.040
allow your patent.

985
00:53:07.040 --> 00:53:08.600
That's all it's doing.

986
00:53:08.600 --> 00:53:10.280
So it's making sure you're confirming

987
00:53:10.280 --> 00:53:12.840
that you understand that there's another step before you're

988
00:53:12.840 --> 00:53:15.160
going to get a registered trademark.

989
00:53:15.160 --> 00:53:18.080
So you click that and you say, yep, I understand.

990
00:53:18.160 --> 00:53:20.520
Then you assign your following basis.

991
00:53:20.520 --> 00:53:21.920
And boom, they're all there.

992
00:53:21.920 --> 00:53:23.760
They're all done.

993
00:53:23.760 --> 00:53:26.040
That's it.

994
00:53:26.040 --> 00:53:27.160
So now you click Continue.

995
00:53:30.560 --> 00:53:34.760
And now you get to put in, if you have a docket number,

996
00:53:34.760 --> 00:53:38.520
internal docketing number, another email address,

997
00:53:38.520 --> 00:53:41.360
you can add that.

998
00:53:41.360 --> 00:53:44.080
So let's just, for purposes of looking at this,

999
00:53:44.080 --> 00:53:45.960
click Continue.

1000
00:53:45.960 --> 00:53:48.880
Now your cost comes up.

1001
00:53:48.880 --> 00:53:51.040
So this is telling you how much you're going to pay.

1002
00:53:51.040 --> 00:53:53.160
So since everything was in class 25,

1003
00:53:53.160 --> 00:53:56.080
I can list as many goods as I want within one class

1004
00:53:56.080 --> 00:53:58.920
and they don't increase the cost.

1005
00:53:58.920 --> 00:54:01.000
That's the good part.

1006
00:54:01.000 --> 00:54:03.000
So if the Intent-to-Use application stuff

1007
00:54:03.000 --> 00:54:08.600
was for a different class, then this would be $500, not $150.

1008
00:54:08.600 --> 00:54:11.040
Does that make sense?

1009
00:54:11.040 --> 00:54:12.280
OK, good.

1010
00:54:12.280 --> 00:54:15.120
So since it's all in one class, the actual use

1011
00:54:15.120 --> 00:54:18.840
and the Intent-to-Use, it's only $250.

1012
00:54:18.840 --> 00:54:20.680
That's pretty cool.

1013
00:54:20.680 --> 00:54:21.840
So now I'm following.

1014
00:54:21.840 --> 00:54:23.320
I've got one class.

1015
00:54:23.320 --> 00:54:24.760
I'm going to sign it directly.

1016
00:54:24.760 --> 00:54:26.720
And then there's a declaration and other stuff

1017
00:54:26.720 --> 00:54:28.560
that your lawyer would have to read,

1018
00:54:28.560 --> 00:54:30.960
make sure it's legally sound, they sign everything,

1019
00:54:30.960 --> 00:54:33.160
and they validate it.

1020
00:54:33.160 --> 00:54:38.800
All right, let me unmute for a second.

1021
00:54:38.800 --> 00:54:40.960
Let me answer questions.

1022
00:54:40.960 --> 00:54:46.720
So did that seem that difficult? No.

1023
00:54:46.720 --> 00:54:48.640
I mean, it's not extremely difficult.

1024
00:54:48.640 --> 00:54:49.760
Is it extremely easy?

1025
00:54:49.760 --> 00:54:52.080
No.

1026
00:54:52.080 --> 00:54:54.440
But at the same time, you want to, again,

1027
00:54:54.440 --> 00:54:56.560
even though you're learning all this stuff,

1028
00:54:56.560 --> 00:54:58.520
my intent of showing you all this

1029
00:54:58.520 --> 00:55:00.600
is to make sure.

1030
00:55:00.000 --> 00:55:03.760
that you understand everything that your attorney is going to do or your paralegal is going to do

1031
00:55:04.320 --> 00:55:08.960
so that you give them what they need. So what you need to know is I need to know the name,

1032
00:55:10.000 --> 00:55:17.200
I need to give them a specimen, this this stuff you should be writing down. The name or the logo

1033
00:55:18.640 --> 00:55:22.640
this is what you're going to provide to your attorney for filing. Name or the logo,

1034
00:55:22.640 --> 00:55:30.640
the specimen which is a picture of either the product or the packaging with the trademark on

1035
00:55:30.640 --> 00:55:38.560
it or the website where the product's being sold or like if it's a service the description of the

1036
00:55:38.560 --> 00:55:43.360
service where you can contact the person directly whatever the specimen is your lawyer can tell you

1037
00:55:43.360 --> 00:55:49.120
exactly what kind of specimen you need for your goods or services right. You need the entity

1038
00:55:49.520 --> 00:55:52.960
is it going to be you or is it going to be a company?

1039
00:55:54.240 --> 00:55:58.480
You need to know the state or country of incorporation of that entity

1040
00:56:00.160 --> 00:56:06.480
right and then you need to know the date of first use in interstate commerce and anywhere even

1041
00:56:06.480 --> 00:56:11.200
within your company. Those are the five things you have to know to file a trademark application.

1042
00:56:12.960 --> 00:56:18.400
You since you have been through this course you should be able to have those five things together

1043
00:56:18.400 --> 00:56:23.600
before you even call your lawyer right. The only other part you need is like your recitation of

1044
00:56:23.600 --> 00:56:28.480
goods and services where you're describing what are all the products and what are all the services

1045
00:56:28.480 --> 00:56:34.640
that are being used okay and you can even look up the interstate uh the international class.

1046
00:56:34.640 --> 00:56:39.040
You can even look that up. I'm going to drop a link in Facebook so you can see where all these

1047
00:56:39.040 --> 00:56:43.040
international classes are but I just showed you that you don't even need to look that up.

1048
00:56:44.000 --> 00:56:48.800
If you do that TEAS application that TEAS plus application you just type in the word and it pops

1049
00:56:48.800 --> 00:56:56.720
up for you so it's not that difficult all right. That's all now if you have all of that together

1050
00:56:57.920 --> 00:57:04.000
and the specimen works, the name works, the recitation of goods and services work, the entity

1051
00:57:04.000 --> 00:57:09.600
you have, the state of incorporation, the address you have properly. If you have all that together

1052
00:57:10.400 --> 00:57:13.920
you should not be paying the normal rate for a trademark application

1053
00:57:14.560 --> 00:57:16.160
because you did half the work already.

1054
00:57:18.880 --> 00:57:24.080
Okay that should reduce your cost. You should not be paying 1500 bucks. You might be paying like 800

1055
00:57:24.080 --> 00:57:30.240
to a thousand okay because they're putting everything together for you for the filing

1056
00:57:30.240 --> 00:57:35.440
and making sure everything's right but if you got it all together that's going to decrease your cost.

1057
00:57:35.440 --> 00:57:40.320
It's going to make it way more valuable for you. Helene go ahead.

1058
00:57:43.280 --> 00:57:50.560
Hi on that last screen you had there was this big pink box that said identity verification.

1059
00:57:50.560 --> 00:57:51.760
Do you know what that's about?

1060
00:57:55.920 --> 00:57:57.680
Hold on I'm going to share my screen so you can show me.

1061
00:57:58.000 --> 00:58:04.560
On this one or? Yeah right there starting August 6th identity verification. Do you know what that's

1062
00:58:04.560 --> 00:58:15.120
about? Yeah so the USPTO is increasing their security okay so and so when you're filing with

1063
00:58:15.120 --> 00:58:22.480
them if you have a USPTO government account you have to go through another level of verification

1064
00:58:23.040 --> 00:58:29.040
to make sure that you are who you say you are. So you would have to click on the identity

1065
00:58:29.040 --> 00:58:35.120
verification and kind of follow the USPTO procedures to make sure you're identifying

1066
00:58:35.120 --> 00:58:41.840
yourself properly. So it's just another level of you know how there's been so many issues with

1067
00:58:42.400 --> 00:58:51.280
hacking and with people using trojans and phishing and all this other stuff which is p s not f i s

1068
00:58:51.600 --> 00:58:58.560
f i s so because people are some people are like what the USPTO goes phishing no different kind of

1069
00:58:58.560 --> 00:59:05.520
phishing. So all of that corrupt stuff the government has increased security levels so

1070
00:59:05.520 --> 00:59:11.200
they're asking for a higher level of identity verification. So yeah you just follow the link

1071
00:59:11.200 --> 00:59:19.920
and just go through it it's pretty simple. Thank you. You're so welcome. I don't know who was first

1072
00:59:19.920 --> 00:59:29.200
so I'm just going to say Brittany. Good. I just have a question about when you file for your mark

1073
00:59:29.200 --> 00:59:34.400
your word mark or your design can you do both of them at the same time or are they separate? Is

1074
00:59:34.400 --> 00:59:39.840
that why Nike has their name? That's a great question. The swoosh is a separate one? Yeah

1075
00:59:39.840 --> 00:59:48.400
no you need to file them separate. So yeah you have to file them separate because let me show

1076
00:59:48.480 --> 00:59:54.080
you why. Let me share my screen. So when we're talking about stylized fonts as part of a logo

1077
00:59:54.080 --> 00:59:59.840
that's separate. Design. That's the design not the word mark. Right.

1078
01:00:00.000 --> 01:00:03.000
Yeah, see, when you go all the way back here.

1079
01:00:04.560 --> 01:00:11.920
Yeah, right here, see, you had to select, is it standard characters or is it stylized or design?

1080
01:00:12.240 --> 01:00:20.640
If you click design, then they ask you to add your your file, which shows a picture of it.

1081
01:00:20.840 --> 01:00:27.160
Right. So if you file just a picture of your stylized word, you haven't actually trademarked

1082
01:00:27.160 --> 01:00:31.040
the letters themselves, like the combination of letters.

1083
01:00:31.040 --> 01:00:33.360
Is that correct? Yeah, that's correct.

1084
01:00:33.480 --> 01:00:35.320
But just something to keep in mind.

1085
01:00:35.320 --> 01:00:36.880
And this this is not legal advice.

1086
01:00:36.880 --> 01:00:39.680
I'm just telling you how this thing works, OK?

1087
01:00:42.520 --> 01:00:43.800
That's too funny, man.

1088
01:00:45.200 --> 01:00:46.520
This is such a tradition.

1089
01:00:46.520 --> 01:00:48.400
This is going back for like a year now.

1090
01:00:48.400 --> 01:00:49.680
This is so good. I love it.

1091
01:00:50.080 --> 01:00:52.920
So the way it works, though, is that.

1092
01:00:57.680 --> 01:01:00.840
The when you have a logo that has words in it.

1093
01:01:06.520 --> 01:01:12.960
The essence of the trademark is really the word, right, it's really the it's really the word that's in there, right?

1094
01:01:13.440 --> 01:01:18.640
So if you have let's see if I can find you an example of what I mean.

1095
01:01:19.360 --> 01:01:26.600
Let's see, somebody you could trademark Puma with all lowercase letters, right?

1096
01:01:26.600 --> 01:01:28.120
I mean, they're they're. Yeah, yeah.

1097
01:01:28.120 --> 01:01:32.600
But can somebody think of a trademark that it's like a logo that has a word in it?

1098
01:01:32.760 --> 01:01:33.800
Can anybody think of one?

1099
01:01:35.360 --> 01:01:37.000
I mean, like, yeah, just kind of a mute.

1100
01:01:37.960 --> 01:01:40.680
What about like Coca-Cola, because it's so stylized.

1101
01:01:41.440 --> 01:01:43.560
Yeah, but that's that's purely letters.

1102
01:01:43.560 --> 01:01:47.840
I'm looking for one that's a logo with letters and style in it.

1103
01:01:48.760 --> 01:01:52.840
I'm. Just do it doesn't work.

1104
01:01:54.400 --> 01:01:57.960
What about Apple? Apple, let's see.

1105
01:02:00.200 --> 01:02:01.320
What about Google?

1106
01:02:03.400 --> 01:02:07.320
Well, Google, Google again is the letters, let me see, trademark.

1107
01:02:08.560 --> 01:02:11.080
Let me see what comes up on their Apple.

1108
01:02:12.960 --> 01:02:14.280
So there's the Apple.

1109
01:02:15.720 --> 01:02:16.920
There's iPhone.

1110
01:02:19.080 --> 01:02:22.640
I don't see any that have like a word in it.

1111
01:02:24.960 --> 01:02:29.160
I'm looking for a trademark that has a word in it, maybe Burger King.

1112
01:02:29.920 --> 01:02:31.720
What is it? No, Burger King.

1113
01:02:32.720 --> 01:02:34.600
Burger King, Burger King, let's try that.

1114
01:02:41.560 --> 01:02:43.840
No, it's perfect. Well done, man.

1115
01:02:44.560 --> 01:02:46.360
Good job. That was really good.

1116
01:02:46.400 --> 01:02:48.480
OK, so here you see Burger King.

1117
01:02:48.480 --> 01:02:50.520
So let's see, can I zoom in? Yeah, I can.

1118
01:02:53.800 --> 01:02:56.640
There we go, there's there's the logo, OK?

1119
01:02:56.640 --> 01:02:59.880
So when you look at this trademark.

1120
01:03:00.560 --> 01:03:03.480
This logo in and of itself is registered,

1121
01:03:03.480 --> 01:03:06.080
but inside of it is the word Burger King, so

1122
01:03:06.880 --> 01:03:10.960
one would argue that if somebody went and used Burger King alone,

1123
01:03:11.920 --> 01:03:14.720
it should infringe upon the trademark with the logo.

1124
01:03:14.720 --> 01:03:20.600
But that's a much weaker argument than if you filed for Burger King alone.

1125
01:03:21.440 --> 01:03:25.880
OK, so what they should do, which they have done, is they filed for the logo

1126
01:03:25.880 --> 01:03:28.160
and they filed a wordmark for Burger King alone.

1127
01:03:28.600 --> 01:03:30.600
That's what you want to do, OK?

1128
01:03:31.120 --> 01:03:35.040
But if you have a stylized trademark,

1129
01:03:36.280 --> 01:03:39.480
if you have a stylized, let's say stylized trademark,

1130
01:03:40.120 --> 01:03:42.880
stylized trademark.

1131
01:03:43.880 --> 01:03:48.480
So if you have a stylized trademark where, let's see.

1132
01:03:50.760 --> 01:03:53.720
Well, here's one organic.

1133
01:03:55.720 --> 01:03:58.400
That's kind of it's kind of it's kind of in the ballpark.

1134
01:03:59.640 --> 01:04:01.720
Organic down here.

1135
01:04:02.680 --> 01:04:05.720
All right. So this one over here, organic.

1136
01:04:07.560 --> 01:04:09.560
You see how it's.

1137
01:04:09.560 --> 01:04:12.680
It's all in the organic, but it's it's a logo.

1138
01:04:13.880 --> 01:04:15.120
Right, but this is different.

1139
01:04:15.120 --> 01:04:16.640
These are different fonts.

1140
01:04:16.640 --> 01:04:20.360
So they filed it as a design mark, a stylized mark.

1141
01:04:21.680 --> 01:04:25.160
But then separate from that, they should also be filing it as a wordmark.

1142
01:04:25.880 --> 01:04:28.800
All right, because if somebody uses organic.

1143
01:04:29.880 --> 01:04:35.000
In a different manner, you want them to end up infringing upon that trademark.

1144
01:04:35.800 --> 01:04:37.840
And in here you can see.

1145
01:04:37.840 --> 01:04:40.640
Yeah, it tells you stylized right there, stylized.

1146
01:04:41.160 --> 01:04:45.080
So to answer your question, that's kind of like a long way.

1147
01:04:45.840 --> 01:04:48.680
I'm taking the time to explain this to you guys, because there's a little

1148
01:04:48.680 --> 01:04:50.600
there's some things that are more complex than others.

1149
01:04:50.920 --> 01:04:54.520
If there are words within your trademark, you should file for the word separate.

1150
01:04:54.520 --> 01:04:56.440
If you use the word separate.

1151
01:04:56.440 --> 01:04:58.640
That's the that's the specimen you want to send in.

1152
01:04:58.640 --> 01:05:00.080
If you don't use a word separate.

1153
01:05:00.000 --> 01:05:03.560
then you can send in the use within the logo

1154
01:05:03.560 --> 01:05:06.160
and then hopefully they'll accept it, right?

1155
01:05:06.160 --> 01:05:08.480
But if you have an example of use alone,

1156
01:05:08.480 --> 01:05:11.920
I would submit as your specimen, the use alone.

1157
01:05:11.920 --> 01:05:13.400
Okay, and then when you're picking out,

1158
01:05:13.400 --> 01:05:15.560
like if you could do the government's words

1159
01:05:15.560 --> 01:05:17.000
and you pick out under class

1160
01:05:17.000 --> 01:05:18.880
and you can put as many as you want,

1161
01:05:18.880 --> 01:05:21.160
especially if you're just starting out,

1162
01:05:21.160 --> 01:05:25.500
is there a benefit to picking just sports shoes

1163
01:05:25.500 --> 01:05:29.160
versus honing in on volleyball versus soccer versus-

1164
01:05:29.160 --> 01:05:31.340
Yeah, it gives you broader coverage.

1165
01:05:31.340 --> 01:05:33.060
It gives you, if you can get away with it,

1166
01:05:33.060 --> 01:05:34.100
it gives you broader coverage

1167
01:05:34.100 --> 01:05:37.100
if you only select like something that's broader.

1168
01:05:37.100 --> 01:05:39.060
Like if you just said sports shoes,

1169
01:05:39.060 --> 01:05:41.500
instead of saying volleyball, bowling,

1170
01:05:41.500 --> 01:05:43.460
you just said sports shoes, that's broader.

1171
01:05:43.460 --> 01:05:47.020
If they're all under the same class and it's one fee,

1172
01:05:47.020 --> 01:05:49.980
like is it, I mean, if you don't know where you're going yet

1173
01:05:49.980 --> 01:05:52.260
do you just select everything you might use,

1174
01:05:52.260 --> 01:05:53.100
broaden there?

1175
01:05:53.100 --> 01:05:55.060
Well, they would all, everything that,

1176
01:05:55.060 --> 01:05:56.460
if somebody were doing that,

1177
01:05:56.460 --> 01:05:58.620
if they were starting a company

1178
01:05:58.620 --> 01:06:02.520
and they had multiple things that they were going to do

1179
01:06:02.520 --> 01:06:04.440
and some things that they are going to do,

1180
01:06:04.440 --> 01:06:05.280
then what they would do

1181
01:06:05.280 --> 01:06:07.800
is they would file actual use for some

1182
01:06:07.800 --> 01:06:10.560
intent to use for others, yeah.

1183
01:06:10.560 --> 01:06:12.040
Because then you have to provide specimens.

1184
01:06:12.040 --> 01:06:13.680
You have to have your logo on-

1185
01:06:13.680 --> 01:06:15.360
Brittany, you just nailed it.

1186
01:06:15.360 --> 01:06:16.200
Okay.

1187
01:06:16.200 --> 01:06:18.680
What you just said is what the problem is,

1188
01:06:18.680 --> 01:06:22.520
is you can't submit a specimen if you're not using it.

1189
01:06:22.520 --> 01:06:24.480
Like, because a specimen is supposed to be an example

1190
01:06:24.480 --> 01:06:25.680
of use in interstate commerce.

1191
01:06:25.680 --> 01:06:27.100
If you're not using interstate commerce,

1192
01:06:27.120 --> 01:06:29.160
how are you going to send in a specimen?

1193
01:06:29.160 --> 01:06:30.440
Because it's not being used.

1194
01:06:30.440 --> 01:06:32.960
So that's the problem.

1195
01:06:32.960 --> 01:06:33.800
And the other part is that

1196
01:06:33.800 --> 01:06:35.680
you have to make a sworn statement.

1197
01:06:35.680 --> 01:06:37.680
And if you lie, that's a federal offense.

1198
01:06:37.680 --> 01:06:39.920
So you don't want to do that.

1199
01:06:39.920 --> 01:06:42.040
Plus it's just bad.

1200
01:06:42.040 --> 01:06:46.520
It's, some people don't relate to that like you and I do.

1201
01:06:46.520 --> 01:06:49.520
You know, some people are like, bad?

1202
01:06:49.520 --> 01:06:50.880
There are degrees of bad.

1203
01:06:50.880 --> 01:06:52.240
It's like, yeah, no, it's wrong.

1204
01:06:52.240 --> 01:06:53.400
Period, move on.

1205
01:06:53.400 --> 01:06:54.440
Thank you.

1206
01:06:54.440 --> 01:06:55.280
You're welcome.

1207
01:06:55.280 --> 01:06:56.700
Samuel, you're up, brother.

1208
01:06:57.600 --> 01:06:59.760
Yes, thanks for taking my question.

1209
01:06:59.760 --> 01:07:00.760
Absolutely.

1210
01:07:00.760 --> 01:07:03.680
So the data first use is sort of,

1211
01:07:03.680 --> 01:07:05.100
feels like a catch 22 to me,

1212
01:07:05.100 --> 01:07:08.200
because if you're doing a registered trademark

1213
01:07:08.200 --> 01:07:09.780
and you haven't used it yet,

1214
01:07:09.780 --> 01:07:12.260
you're trying to register it in order to use it,

1215
01:07:12.260 --> 01:07:14.320
then what do you do in that case?

1216
01:07:14.320 --> 01:07:15.660
Good question.

1217
01:07:15.660 --> 01:07:19.100
So if it's an intent to use application,

1218
01:07:19.100 --> 01:07:22.640
then you don't actually have a data first use yet.

1219
01:07:22.640 --> 01:07:23.480
Do you remember how,

1220
01:07:23.480 --> 01:07:25.920
when we selected the ones for intent to use,

1221
01:07:25.960 --> 01:07:28.600
the date requirement didn't pop up?

1222
01:07:28.600 --> 01:07:29.520
Yeah, I'll show you that.

1223
01:07:29.520 --> 01:07:31.560
Let me, let's go back to that real quick.

1224
01:07:36.320 --> 01:07:37.420
Share screen.

1225
01:07:41.120 --> 01:07:42.200
Okay, here we go.

1226
01:07:43.400 --> 01:07:45.040
So when you look at,

1227
01:07:46.560 --> 01:07:49.860
let's go forward, stay with the standard characters.

1228
01:07:50.720 --> 01:07:52.720
Oh, I didn't lose everything, did I?

1229
01:07:52.720 --> 01:07:53.560
Probably did.

1230
01:07:56.920 --> 01:07:58.920
Yeah, let's not say that.

1231
01:07:58.920 --> 01:07:59.760
Okay.

1232
01:08:01.320 --> 01:08:02.160
Continue.

1233
01:08:05.480 --> 01:08:06.520
Okay, here we go.

1234
01:08:06.520 --> 01:08:07.800
All right, so if I go under,

1235
01:08:07.800 --> 01:08:12.320
let's go back to this 1B here

1236
01:08:12.320 --> 01:08:17.319
and let's change this to 1A.

1237
01:08:20.160 --> 01:08:22.600
All right, so it says you can't do 1B and 1A.

1238
01:08:22.600 --> 01:08:24.640
So I want to remove,

1239
01:08:24.640 --> 01:08:25.640
let me see how I can remove.

1240
01:08:26.359 --> 01:08:27.200
Oh, there it is.

1241
01:08:27.200 --> 01:08:28.040
Okay, so right up top here,

1242
01:08:28.040 --> 01:08:29.920
you see remove, check goods and services.

1243
01:08:29.920 --> 01:08:31.979
So I click that, remove.

1244
01:08:33.840 --> 01:08:35.040
Okay, so now it's gone.

1245
01:08:35.040 --> 01:08:36.840
The one I added is gone.

1246
01:08:36.840 --> 01:08:39.500
So now I'm going to add goods and services.

1247
01:08:40.580 --> 01:08:42.660
And so let's say I want to add,

1248
01:08:42.660 --> 01:08:44.800
let's uncheck things here.

1249
01:08:46.880 --> 01:08:48.220
Say I want to add,

1250
01:08:50.800 --> 01:08:53.080
I'm very curious as to what a boat shoe is.

1251
01:08:53.080 --> 01:08:55.600
So I'm just going to say boat shoes.

1252
01:08:56.439 --> 01:08:57.960
Insert checked entries.

1253
01:08:57.960 --> 01:08:58.800
Wayne called it.

1254
01:08:58.800 --> 01:09:00.399
They're just shoes with special grips

1255
01:09:00.399 --> 01:09:01.920
so you don't slip all over.

1256
01:09:01.920 --> 01:09:02.960
Is that what it is?

1257
01:09:02.960 --> 01:09:03.800
I don't know.

1258
01:09:03.800 --> 01:09:05.200
I've never heard of boat shoes.

1259
01:09:06.200 --> 01:09:08.319
I guess you have to make over a certain amount per year

1260
01:09:08.319 --> 01:09:11.319
to actually have boat shoes, you know?

1261
01:09:11.319 --> 01:09:12.560
All right, so let's see.

1262
01:09:14.640 --> 01:09:16.800
So there's boat shoes.

1263
01:09:16.800 --> 01:09:21.000
Now I'm going to sign as a filing basis 1A.

1264
01:09:21.000 --> 01:09:21.840
And when I do that,

1265
01:09:21.840 --> 01:09:24.600
see how it's asking for all this information?

1266
01:09:24.640 --> 01:09:26.740
Data first use, data first use,

1267
01:09:27.880 --> 01:09:30.279
and then, you know, specimens and everything.

1268
01:09:30.279 --> 01:09:32.300
But let's say I remove 1A.

1269
01:09:35.040 --> 01:09:37.000
Now I'm back here.

1270
01:09:37.000 --> 01:09:38.500
Let's say I select 1B.

1271
01:09:39.479 --> 01:09:41.399
You notice how there's no requirement

1272
01:09:41.399 --> 01:09:42.540
for me to add anything?

1273
01:09:44.200 --> 01:09:47.200
Because I don't have anything to add.

1274
01:09:47.200 --> 01:09:51.080
So now I add that filing basis and it's done.

1275
01:09:52.080 --> 01:09:55.920
So when you actually file an intent to use application,

1276
01:09:55.920 --> 01:09:58.720
it doesn't ask you for data first use.

1277
01:10:00.000 --> 01:10:06.960
Okay. Awesome. Thank you. All right. I will take, I'll take two more questions then we got to jump

1278
01:10:06.960 --> 01:10:15.120
off. All right. Axel, you're up. Thank you. So let's say I have a trademark that I don't already

1279
01:10:15.120 --> 01:10:23.600
use in commerce, but for marketing purposes, I advertised the trademark. Doesn't count

1280
01:10:24.080 --> 01:10:34.800
as a commerce use or not? If I advertise my trademark before starting making the first sale.

1281
01:10:35.440 --> 01:10:40.720
The use has to be used, right? There actually has to be used in interstate commerce. So are you,

1282
01:10:40.720 --> 01:10:43.920
are you using the product, are you using the trademark on your product? So let's say it's

1283
01:10:43.920 --> 01:10:52.240
associated with sneakers, right? So are you, is there use of the trademark in interstate commerce?

1284
01:10:52.240 --> 01:10:56.960
You're asking, well, what if I'm just advertising it, but I'm not actually making any sales?

1285
01:10:57.920 --> 01:11:03.120
What if I'm at, is that what you're saying? Yes, yes, yes, exactly. Yeah. So there is an

1286
01:11:03.120 --> 01:11:08.400
exception. There's an exception. I'll look it up for you. It's a rare exception where people are

1287
01:11:08.400 --> 01:11:13.440
actually marketing something, but there hasn't been sales yet. And let me see if I could find

1288
01:11:13.440 --> 01:11:21.120
that for you. It's an exception in marketing, particularly that talks about where advertising

1289
01:11:21.120 --> 01:11:27.600
has taken place, but the sale hasn't happened yet. And that has in certain cases been considered

1290
01:11:27.600 --> 01:11:32.640
use in interstate commerce. Let me see if I could find it for you. All right. But I mean,

1291
01:11:32.640 --> 01:11:37.120
most of the time, somebody has already sold a product before they, you know, so they'll use that.

1292
01:11:38.480 --> 01:11:45.840
But if you're in a situation where product is not, you know, let's say it costs like $10,000

1293
01:11:45.840 --> 01:11:49.280
for one product, you know, and you're not selling them yet, but you're marketing them,

1294
01:11:50.160 --> 01:11:55.520
then you technically are using the trademark in marketing materials on websites. You're offering

1295
01:11:55.520 --> 01:12:01.600
it for sale, even though you haven't sold it. There's no requirement to actually have sold it

1296
01:12:01.600 --> 01:12:08.720
yet. Right? Okay. It's use in interstate commerce doesn't mean sale in interstate commerce.

1297
01:12:08.720 --> 01:12:12.640
It doesn't have to be sold yet, but you have to be using it in interstate commerce.

1298
01:12:12.640 --> 01:12:16.480
So if you go to a trade show and you're offering things for sale and you haven't sold one yet,

1299
01:12:16.480 --> 01:12:22.160
you're still using it in interstate commerce. Does that make sense? So whether you've sold it,

1300
01:12:22.160 --> 01:12:27.680
the requirement is not sale in interstate commerce, it's use. But the question,

1301
01:12:29.280 --> 01:12:35.760
your specific situation is going to be dependent upon what exactly is the trademark being used on.

1302
01:12:35.760 --> 01:12:39.680
Because in certain situations, marketing material can be used. And in other situations,

1303
01:12:39.680 --> 01:12:46.000
marketing material cannot be used as proof of use in interstate commerce. So you have to learn

1304
01:12:46.000 --> 01:12:51.920
for your specific case, you have to look at what's an acceptable specimen for my product or

1305
01:12:51.920 --> 01:12:56.000
my service. This is again, why it's important to work with an attorney if you haven't done this.

1306
01:12:56.000 --> 01:13:01.280
Now, if you've done five or six trademark applications for the same services and the same

1307
01:13:01.280 --> 01:13:05.840
goods, you probably already know what you're doing. So you're kind of like, why am I continuing

1308
01:13:05.840 --> 01:13:12.640
to spend all this? That's between you and yourself. But for purposes of answering your question,

1309
01:13:12.640 --> 01:13:17.680
you need to know what good a service is actually being utilized on and then you can determine

1310
01:13:17.680 --> 01:13:26.480
whether or not use in interstate commerce is covered by just marketing. And then the question

1311
01:13:26.480 --> 01:13:31.120
is, well, what is just marketing mean? Does that mean having a website where the product can be

1312
01:13:31.120 --> 01:13:35.280
purchased on the website? Because some people consider that to be marketing, while other

1313
01:13:35.280 --> 01:13:41.520
people think marketing is, I advertise it in a newspaper. But those are two totally different

1314
01:13:41.520 --> 01:13:46.000
things because in advertising in a newspaper to just kind of talk about it is not offering the

1315
01:13:46.000 --> 01:13:50.800
product for sale. It's just kind of talking about the product that may not be considered used in

1316
01:13:50.800 --> 01:13:56.880
interstate commerce, while the website that has the option to purchase may be considered to be

1317
01:13:56.880 --> 01:14:00.960
used in interstate commerce. So it always comes down to what exactly are you offering,

1318
01:14:01.760 --> 01:14:07.920
you know, and then the analysis is done on that exactly. So all right. Finally, Connie, you're

1319
01:14:07.920 --> 01:14:18.080
welcome. You might have sort of answered partially with his answers. So we have some

1320
01:14:18.080 --> 01:14:31.040
things that are marketing material. So we're selling a series, print, digital, audio. But

1321
01:14:31.600 --> 01:14:40.320
to help market that we're making playing cards. And our logos on the back. And so this is a

1322
01:14:40.320 --> 01:14:46.960
multi-layered question. And there's pictures on the front. So they're both picture though,

1323
01:14:46.960 --> 01:14:57.360
because you said, if the logo is, we have an actual tree with the words that were done by that kid.

1324
01:14:57.360 --> 01:14:59.920
So the

1325
01:15:00.000 --> 01:15:06.720
letters you know and it was finalized by our lead artist he put it all together he did the tree

1326
01:15:07.600 --> 01:15:16.800
so that's on the one side on the other side his characters from the storyline as

1327
01:15:17.520 --> 01:15:22.080
like replacing the king replacing the queen then we're going to have a whole other

1328
01:15:23.040 --> 01:15:29.840
thing that's not poker type playing cards but is game cards that have

1329
01:15:32.320 --> 01:15:40.480
well anyway so we have the question okay so my question is is the okay two questions

1330
01:15:40.480 --> 01:15:53.920
do i have to file i was i had it all in my head the various yeah because so much comes in and

1331
01:15:53.920 --> 01:15:59.200
then i'm just like okay so i told you this was gonna happen connie i told you like some people

1332
01:15:59.200 --> 01:16:04.480
said i have no questions and by day two they're like i've got four billion questions it's like

1333
01:16:04.480 --> 01:16:11.680
oh no i get a ton of questions that's great yeah but i don't think i sent them on the email i just

1334
01:16:11.680 --> 01:16:18.080
posted them yesterday in the okay i think in your specific situation though connie you really need

1335
01:16:18.080 --> 01:16:22.640
to sit down with a lawyer for like two three hours and go through everything and like literally

1336
01:16:22.640 --> 01:16:27.520
digest everything and give you a full strategic plan because because you're very savvy like as

1337
01:16:27.520 --> 01:16:33.280
a business person you're in multiple markets you have multiple groups that are that you're

1338
01:16:33.280 --> 01:16:37.840
working with separate from that you've hired individuals to provide you services and you have

1339
01:16:37.840 --> 01:16:42.960
the results of those and you're incorporating them into other things there's a lot going on

1340
01:16:43.760 --> 01:16:50.720
and so you really should like you know sit down for like two three hours and say here it is

1341
01:16:54.240 --> 01:17:00.000
what was that how much are you per hour all right just dm me we'll we'll talk we'll forget

1342
01:17:00.000 --> 01:17:05.760
you'll be fine you'll be fine yeah right all right all right my friends well that's it for today

1343
01:17:06.640 --> 01:17:11.120
um you're doing great it gets easier now we're going into copyrights those are fairly easy

1344
01:17:11.920 --> 01:17:15.200
uh trademarks is typically the area that's the most difficult patents

1345
01:17:16.320 --> 01:17:20.800
patents can be tough but we're not going to go so deep that you get completely lost larissa

1346
01:17:20.800 --> 01:17:27.280
go ahead i think this was an easy one samuel dropped a question about um different filing

1347
01:17:27.280 --> 01:17:34.080
fees are there um is there is there a different a filing fee for intent to use on trademark versus

1348
01:17:34.080 --> 01:17:45.440
actually it's the same yeah it's all the same yeah so are you fine twice what do they have to

1349
01:17:45.440 --> 01:17:53.200
pay twice because they do the intent and then they have to refile as actual no no so let's let's go

1350
01:17:53.200 --> 01:18:02.720
back to the example hold on so here's the example where the class remember it comes down to the class

1351
01:18:03.600 --> 01:18:10.880
how many classes are you filing in right so you're following a class 25 here so let's say we do

1352
01:18:10.880 --> 01:18:17.440
another one and instead of boat shoes we're gonna pick oh let's get really preppy we're gonna do

1353
01:18:17.440 --> 01:18:27.600
oxford shoes yeah let's select those insert that one so now for oxford shoes i'm going to say that

1354
01:18:27.600 --> 01:18:37.920
is section 1a and for a picture i'm going to choose a file i'm putting jesus in there again

1355
01:18:38.880 --> 01:18:45.600
i'm returning to the form and i'm going to say image let's say

1356
01:18:47.520 --> 01:19:00.560
digital image of no digital picture of packaging for products showing

1357
01:19:01.440 --> 01:19:10.880
trademark and then my data first use sure than that sure so then i assigned a following basis

1358
01:19:11.840 --> 01:19:14.880
so now i have a 1b and a 1a do you see that

1359
01:19:17.040 --> 01:19:23.120
so there's a 1b which is then to use in the 1a but they're both in class 25 do you see that

1360
01:19:23.920 --> 01:19:29.680
so now when i click continue and i go past this look at my cost

1361
01:19:33.040 --> 01:19:37.360
because you're paying per class it's fee per class well i never knew you could do that

1362
01:19:37.920 --> 01:19:40.800
oh how do i do that i can't do it again

1363
01:19:42.320 --> 01:19:46.960
ah i was able to drag the screen i don't know how i did that it stopped

1364
01:19:47.840 --> 01:19:52.080
you ever see that movie up where the dog just kind of looks to the side and he's like squirrel

1365
01:19:52.080 --> 01:19:58.960
you know that's how i am every once in a while so anyways so the situation is the situation is that

1366
01:20:00.000 --> 01:20:01.800
But since it's one international class,

1367
01:20:01.800 --> 01:20:03.800
you're only paying one fee, right?

1368
01:20:03.800 --> 01:20:05.720
And with that, I'm going to close

1369
01:20:05.720 --> 01:20:08.720
because we are way over, we're 20 minutes over.

1370
01:20:08.720 --> 01:20:11.040
So again, on Thursday,

1371
01:20:11.040 --> 01:20:12.360
we're gonna talk about something

1372
01:20:12.360 --> 01:20:13.720
I'm making available for you.

1373
01:20:13.720 --> 01:20:17.420
I strongly suggest you take advantage of it,

1374
01:20:17.420 --> 01:20:20.480
where we'll be doing this, you'll see.

1375
01:20:20.480 --> 01:20:22.600
So don't worry, you will be fine.

1376
01:20:22.600 --> 01:20:24.760
Everything will be fine, right?

1377
01:20:24.760 --> 01:20:27.300
So with that, you've got the replay.

1378
01:20:27.300 --> 01:20:29.400
You should be able to walk through it,

1379
01:20:29.400 --> 01:20:30.820
play around with it.

1380
01:20:30.820 --> 01:20:32.420
Don't click submit,

1381
01:20:32.420 --> 01:20:36.140
because if you click submit, you're paying the fee.

1382
01:20:36.140 --> 01:20:37.460
So don't submit.

1383
01:20:37.460 --> 01:20:39.020
So you can play around all you want,

1384
01:20:39.020 --> 01:20:40.140
but don't submit anything.

1385
01:20:40.140 --> 01:20:45.140
Otherwise, you're gonna pay money for your game, all right?

1386
01:20:45.860 --> 01:20:47.340
So, but you can play around.

1387
01:20:47.340 --> 01:20:48.860
The USPTO website is pretty neat

1388
01:20:48.860 --> 01:20:50.940
that you can play around and not pay anything

1389
01:20:50.940 --> 01:20:52.900
until you click submit, all right?

1390
01:20:52.900 --> 01:20:55.140
Is this helping you guys?

1391
01:20:55.140 --> 01:20:56.100
Yeah?

1392
01:20:56.100 --> 01:20:57.300
All right, good, I'm glad.

1393
01:20:57.300 --> 01:20:58.780
I'm glad you guys are getting it.

1394
01:20:59.120 --> 01:20:59.960
All right, I'm gonna jump off.

1395
01:20:59.960 --> 01:21:02.000
Larissa, you can close up.

1396
01:21:02.000 --> 01:21:03.240
Is Larissa still here?

1397
01:21:03.240 --> 01:21:04.080
I am, yeah.

1398
01:21:04.080 --> 01:21:04.900
Oh, there you are.

1399
01:21:04.900 --> 01:21:05.740
Okay, awesome.

1400
01:21:05.740 --> 01:21:08.000
I can close up and then I will catch up with you.

1401
01:21:08.000 --> 01:21:10.800
Oh, so replays.

1402
01:21:10.800 --> 01:21:12.440
So just so everybody knows what happens

1403
01:21:12.440 --> 01:21:16.040
is now it has to get processed by Zoom.

1404
01:21:16.040 --> 01:21:18.360
Then I download them off of Zoom.

1405
01:21:18.360 --> 01:21:22.440
I edit them, add like this preview thing in the beginning,

1406
01:21:22.440 --> 01:21:25.360
and then they have to get processed by that software

1407
01:21:25.360 --> 01:21:27.000
and then upload it.

1408
01:21:27.020 --> 01:21:29.700
And then they go into active campaign

1409
01:21:29.700 --> 01:21:30.620
and then they're sent out.

1410
01:21:30.620 --> 01:21:33.340
So you're not gonna get it till nighttime, all right?

1411
01:21:33.340 --> 01:21:35.420
It takes a little while, all right?

1412
01:21:35.420 --> 01:21:36.300
Just so you know.

1413
01:21:36.300 --> 01:21:38.480
All right, I will let all of you go

1414
01:21:38.480 --> 01:21:42.660
and I'll let the ladies finish off here and take care.

1415
01:21:42.660 --> 01:21:43.500
Thank you.

1416
01:21:43.500 --> 01:21:44.340
Thank you.

1417
01:21:44.340 --> 01:21:45.160
You're welcome.

1418
01:21:45.160 --> 01:21:46.000
Thanks, Peter.

1419
01:21:46.000 --> 01:21:46.820
Thank you, Peter.

1420
01:21:46.820 --> 01:21:47.660
Thank you.