WEBVTT

1
00:00:00.000 --> 00:00:07.440
What's going on, what's going on?

2
00:00:07.440 --> 00:00:11.040
I see a good number of faces I recognize, that's awesome.

3
00:00:11.040 --> 00:00:13.960
Some new faces, awesome, this is great.

4
00:00:13.960 --> 00:00:14.960
This is awesome.

5
00:00:14.960 --> 00:00:20.880
Let's see, Larissa, you got me pinned, awesome, Larissa, you're awesome.

6
00:00:20.880 --> 00:00:24.360
I think that's five times I said awesome within literally 30 seconds.

7
00:00:24.360 --> 00:00:28.240
I think that's a record for me.

8
00:00:28.240 --> 00:00:33.840
So I've been looking forward to this literally for probably 30 days straight.

9
00:00:33.840 --> 00:00:35.080
I love doing this.

10
00:00:35.080 --> 00:00:37.360
This is my heart's into this.

11
00:00:37.360 --> 00:00:42.400
I'd love to see you guys succeed and what you guys are going to learn here is probably

12
00:00:42.400 --> 00:00:44.120
going to blow your mind.

13
00:00:44.120 --> 00:00:50.560
Now I just want to put a precaution out here before we do anything.

14
00:00:50.560 --> 00:00:54.800
First of all, I want to honor you in that you registered because a lot of people are

15
00:00:54.800 --> 00:00:58.020
trying to obtain this knowledge, but they don't know how to actually obtain it.

16
00:00:58.020 --> 00:01:02.820
You actually somehow found out about this, either through somebody telling you about

17
00:01:02.820 --> 00:01:05.060
it or Facebook ad or whatever it is.

18
00:01:05.060 --> 00:01:06.300
So you've learned about it.

19
00:01:06.300 --> 00:01:07.300
Congratulations.

20
00:01:07.300 --> 00:01:08.300
That's awesome.

21
00:01:08.300 --> 00:01:10.380
Now I want to give you a warning, all right?

22
00:01:10.380 --> 00:01:17.900
You're going to learn material that probably by day two, I'm going to say this gently,

23
00:01:17.900 --> 00:01:20.100
many of you are going to start panicking.

24
00:01:20.100 --> 00:01:23.060
Okay, now what do I mean by that?

25
00:01:23.060 --> 00:01:26.060
You're going to learn that you've been doing things wrong.

26
00:01:26.100 --> 00:01:30.020
You're going to learn that there's certain legal problems that you've been lining yourself

27
00:01:30.020 --> 00:01:35.540
up with, and you're going to learn that there's certain unfortunate situations that could

28
00:01:35.540 --> 00:01:37.260
have manifested.

29
00:01:37.260 --> 00:01:38.260
That's okay.

30
00:01:38.260 --> 00:01:41.620
I want you to be patient with yourself, okay?

31
00:01:41.620 --> 00:01:45.700
You didn't know this up until now, all right?

32
00:01:45.700 --> 00:01:47.520
This is new knowledge.

33
00:01:47.520 --> 00:01:52.880
When you obtain new knowledge, that's something that should empower you, something that should

34
00:01:53.000 --> 00:01:57.960
be a new tool that you can utilize so that you become more successful, so that you advance

35
00:01:57.960 --> 00:02:02.320
in life, so your business is blessed, your colleagues are blessed.

36
00:02:02.320 --> 00:02:07.080
Don't look at the information, then all of a sudden go, oh my gosh, I've been using the

37
00:02:07.080 --> 00:02:11.720
Circle R wrong, I've been using TMs wrong, I've been using copyright notice wrong, and

38
00:02:11.720 --> 00:02:16.320
I need to do five trademark searches and 10 trademark applications and this.

39
00:02:16.320 --> 00:02:18.160
Don't do that.

40
00:02:18.160 --> 00:02:25.800
It's information that you can utilize and compartmentalize and use it piece by piece.

41
00:02:25.800 --> 00:02:31.120
I like to give that warning because I found when I didn't give that warning two challenges

42
00:02:31.120 --> 00:02:34.640
ago, people freaked out.

43
00:02:34.640 --> 00:02:38.880
Literally they were just trying to figure out what do I do with ... Now all of a sudden

44
00:02:38.880 --> 00:02:43.240
I realize that there's seven IP issues that I was doing wrong.

45
00:02:43.240 --> 00:02:44.640
Which one do I do first?

46
00:02:44.640 --> 00:02:46.160
How do I fix it?

47
00:02:46.160 --> 00:02:47.160
You'll know.

48
00:02:47.160 --> 00:02:52.920
By the time we're done with the challenge, things will be nice and organized.

49
00:02:52.920 --> 00:02:56.640
There'll be certain things that you probably still have to do afterwards, but be patient

50
00:02:56.640 --> 00:02:59.080
with yourself, please.

51
00:02:59.080 --> 00:03:02.600
Don't panic, you'll be fine.

52
00:03:02.600 --> 00:03:05.280
Let me also give you a moment just to talk about VIP.

53
00:03:05.280 --> 00:03:11.400
I'm not trying to make you buy VIP, I just know that about 60 to 70% of the people end

54
00:03:11.400 --> 00:03:13.240
up going there.

55
00:03:13.320 --> 00:03:17.840
I want you to know about it real quickly, so if you do choose to go there, it's available

56
00:03:17.840 --> 00:03:22.960
because we start 15 minutes after this challenge.

57
00:03:22.960 --> 00:03:28.120
We go right into it with your questions, with some hot seats.

58
00:03:28.120 --> 00:03:35.800
You'll be able to email me questions directly that I review and then in the VIP, I select

59
00:03:35.800 --> 00:03:37.920
specific ones to go through.

60
00:03:37.920 --> 00:03:43.640
A lot of the subject matter, I customize based on those emails, but separate from that, we

61
00:03:43.640 --> 00:03:47.560
do a live trademark application filing.

62
00:03:47.560 --> 00:03:54.280
That in and of itself is priceless, meaning you'll learn what are international classifications?

63
00:03:54.280 --> 00:04:00.320
How do you figure out where your recitation of goods and services falls?

64
00:04:00.320 --> 00:04:01.320
What's a specimen?

65
00:04:01.320 --> 00:04:06.240
How do you select the specific classes that you need to file in?

66
00:04:06.240 --> 00:04:11.640
Every single part of it, I go step by step on how to file an application.

67
00:04:11.640 --> 00:04:13.640
Ray just dropped the link.

68
00:04:13.640 --> 00:04:17.920
What I would suggest is if you're interested, even vaguely interested, jump in now because

69
00:04:17.920 --> 00:04:20.760
then we're going to go right in there.

70
00:04:20.760 --> 00:04:24.760
What happens a lot of times is people try to figure out where the link is at the end.

71
00:04:24.760 --> 00:04:28.440
It's going to be a lot easier for you to do it now and then just go right in later.

72
00:04:28.440 --> 00:04:31.080
Now, if you don't want to go on VIP, that's fine.

73
00:04:31.080 --> 00:04:32.640
Don't feel like you need to.

74
00:04:32.640 --> 00:04:38.040
I'm just letting you know if you're interested in any way, shape, or form, just by learning

75
00:04:38.040 --> 00:04:44.680
how to do a trademark application in and of itself will save you tons of money.

76
00:04:44.680 --> 00:04:48.160
With that, let me say one more thing and then we're going to jump in.

77
00:04:48.160 --> 00:04:53.640
What you're going to be learning here, these are tools that should make it so that you

78
00:04:53.640 --> 00:04:57.960
spend less time and money on attorneys.

79
00:04:57.960 --> 00:05:00.000
I'm not trying to get rid of attorneys.

80
00:05:00.000 --> 00:05:05.600
Just to be clear, you didn't sign up for this so that you never talked to an attorney again.

81
00:05:05.600 --> 00:05:09.520
I mean, some of us would like to never talk to an attorney again, but that's not what this

82
00:05:09.520 --> 00:05:15.120
challenge is about, OK? The challenge is here to give you the tools to minimize how much you

83
00:05:15.120 --> 00:05:22.160
need to bring to them. So think of it this way. When you go to a mechanic and you say, hey,

84
00:05:22.160 --> 00:05:27.760
can you fix my car? Everything that's wrong with my car, can you fix it? I mean, how many of you

85
00:05:27.760 --> 00:05:31.680
realize you're going to spend more money on the fixing of the car than probably the value of the

86
00:05:31.680 --> 00:05:38.320
car, right? It's the same thing with lawyers. If you go to an attorney and you say, here's my

87
00:05:38.320 --> 00:05:43.280
scenario, please figure it out, unfortunately, you'll get a lot of situations where they're

88
00:05:43.280 --> 00:05:48.720
answering all sorts of things that really aren't necessary because they're just trying to do a

89
00:05:48.720 --> 00:05:55.680
good job, and they're really not in tune with what your business goals are or understanding

90
00:05:55.680 --> 00:06:00.160
all the different aspects of your business. So they can tell you, file a provisional patent

91
00:06:00.160 --> 00:06:07.200
application instead of a utility, and that'll save you $6,000. Or why don't you use common law

92
00:06:07.200 --> 00:06:14.240
instead of doing a federal filing, and that will give you no cost. There's different ways to do it.

93
00:06:14.240 --> 00:06:20.400
So when we go through all this training, what you're going to find is you're going to know what

94
00:06:20.400 --> 00:06:25.840
you need to put together to bring to your attorney. That should bring down your costs.

95
00:06:27.280 --> 00:06:31.760
If you have everything together and your cost does not change, something's wrong,

96
00:06:32.800 --> 00:06:37.840
all right? As an example, for a trademark application, you need a specimen, recitation

97
00:06:37.840 --> 00:06:43.680
of goods and services, you need the name of the corporation, the address, state of incorporation,

98
00:06:43.680 --> 00:06:49.040
you're going to learn all this tomorrow, okay? You need all this, a specimen, you need your data

99
00:06:49.040 --> 00:06:55.280
first use, all these things. If you have the whole package together, when you give it to your

100
00:06:55.280 --> 00:07:00.320
attorney, your attorney doesn't have to explain things to you. It doesn't have to say this is

101
00:07:00.320 --> 00:07:05.840
wrong, get another thing. So you cut down the amount of time that they're spending. By decreasing

102
00:07:05.840 --> 00:07:12.800
the amount of time, guess what happens? You spend less money. See? So I'm trying to give you the

103
00:07:12.800 --> 00:07:18.560
tools to make you more efficient and to make sure that you don't get in trouble legally,

104
00:07:18.560 --> 00:07:22.480
and separately to make sure people don't steal your stuff, all right? Now, let me give you a

105
00:07:22.480 --> 00:07:28.720
little background about me. I see a few emails here that are going on with VIP. I'm going to,

106
00:07:28.720 --> 00:07:34.880
Ray, I'm going to leave that for you, okay? So let me tell you a little bit about myself,

107
00:07:34.880 --> 00:07:40.080
all right? So my background is electrical engineering. I'm a patent attorney, trademark

108
00:07:40.080 --> 00:07:47.040
attorney, copyright law attorney, trade secret attorney. I'm a litigator. Jeez. I'm an adjunct

109
00:07:47.040 --> 00:07:55.600
professor at UNH School of Law. Father and husband, okay? So I love what I do. Like, I really

110
00:07:55.600 --> 00:08:00.720
love what I do. I've been ranked as Laureate of the Year, Best of the Best, Woodward White, Super Lawyer,

111
00:08:01.360 --> 00:08:07.040
all that stuff. I give God thanks and praise for that. I don't know how that happened. Somehow I

112
00:08:07.040 --> 00:08:12.240
got on something and somebody liked me. So I'm just grateful for that. So what does all that mean?

113
00:08:12.240 --> 00:08:19.680
That means my billing rate is $600 an hour, okay? Now, you're not paying that.

114
00:08:21.440 --> 00:08:28.000
So take advantage of that, please. Like, if you're a VIP, email your questions.

115
00:08:28.000 --> 00:08:31.600
If you have certain things that you're not really quite getting during this challenge,

116
00:08:31.600 --> 00:08:37.840
we're together five days, one hour a day, all right? We try to start on time and end on time,

117
00:08:37.840 --> 00:08:43.679
although we tend to go over, don't we, Larissa? Or let me correct. I tend to go over a lot, right?

118
00:08:44.800 --> 00:08:51.600
Just to kind of answer people's questions. But just understand that you have that advantage.

119
00:08:51.600 --> 00:09:00.640
You spend $95 for five hours of training, which essentially is like $3,000 at least in cost. So

120
00:09:00.640 --> 00:09:05.280
take advantage of it. Ask your questions. Think of your business and figure out how it applies

121
00:09:05.280 --> 00:09:10.560
to your business. And then you can type in, hey, what about this? What about that? Like, just try

122
00:09:10.560 --> 00:09:15.600
to take advantage of it if you can. It's going to make your life a lot easier. All right. And

123
00:09:15.600 --> 00:09:22.640
a little bit more about my background. I chair the IP department in a law firm in Massachusetts

124
00:09:22.640 --> 00:09:28.640
and New Hampshire. We've been ranked the number one IP firm eight years in a row. I don't know

125
00:09:28.640 --> 00:09:36.240
how that happened either. I'm not doing any of this stuff. So as we go through this, I'm going

126
00:09:36.240 --> 00:09:42.080
to be going at a steady pace. Today we're going to be covering trademarks, and tomorrow we're

127
00:09:42.080 --> 00:09:47.520
going to cover trademarks, okay? So today is part one of trademarks. Tomorrow is part two of

128
00:09:47.520 --> 00:09:56.720
trademarks. There are replays available. I strongly suggest that you come live. Why? Because then you

129
00:09:56.720 --> 00:10:00.400
can type things, interact with other people, and say, hey, I don't really

130
00:10:00.000 --> 00:10:04.480
quite understand that. And then Larissa or Ray, they'll ping me and say, can you explain that

131
00:10:04.480 --> 00:10:10.640
again? One more time. You will know the difference between trademarks and copyrights when we end.

132
00:10:11.200 --> 00:10:16.480
Okay. You will understand that. You also understand how patents work, how you can stop

133
00:10:16.480 --> 00:10:21.200
others from making, using, selling, or importing. You're going to learn that as well. There's a lot

134
00:10:21.200 --> 00:10:30.800
of content. Because there's a lot of content, I give you replays. Okay. Now, if you're in the

135
00:10:30.800 --> 00:10:40.720
challenge, the replays are available for 30 days. If you are in VIP, the replays are available for

136
00:10:40.720 --> 00:10:48.720
90 days. I give you three months of replays. Okay. Now, some people ask, well, why don't you just

137
00:10:48.720 --> 00:10:54.160
live stream into Facebook? Let me explain that to you. I don't know how many of you are nerds like

138
00:10:54.160 --> 00:11:02.640
myself, but I actually read the terms and agreement for Facebook for anything that's actually placed

139
00:11:02.640 --> 00:11:09.040
on Facebook. Okay. Yeah. Dee gets it. Do you see Dee? Dee's like, oh, my gosh, I gave away my child.

140
00:11:09.040 --> 00:11:15.440
Like, literally, Facebook takes possession of anything you place on their platform.

141
00:11:16.160 --> 00:11:20.880
So, I don't live stream into Facebook, because they could legally get this.

142
00:11:20.880 --> 00:11:25.200
They could legally take my videos, turn them into a package, and sell them.

143
00:11:26.400 --> 00:11:32.640
All right. That's why I don't live stream into Facebook. What I do instead was I record it. Of

144
00:11:32.640 --> 00:11:38.560
course, you know you're an attorney. Yeah. Yeah. I'm like the only one that actually reads the

145
00:11:38.560 --> 00:11:43.760
agreements when they hand them out, you know. So, my wife gets a little frustrated with that. But

146
00:11:43.760 --> 00:11:49.520
it works. So, that's the reason why I don't live stream into Facebook. All right. So, that's why

147
00:11:49.520 --> 00:11:56.160
the videos take a little more time to be available for you. Okay. Now, everybody should have received

148
00:11:56.160 --> 00:12:02.880
by now two things. All right. First of all, you should have received the email that gives you to

149
00:12:02.880 --> 00:12:09.280
dial in for this. Obviously, you're here. So, I'm assuming that works. I heard Larissa talk about

150
00:12:09.280 --> 00:12:14.320
the Facebook group. Make sure you're in there. I am going to be throwing bonuses at you like,

151
00:12:15.360 --> 00:12:18.560
like, I don't know what. You're just going to keep seeing stuff thrown at you.

152
00:12:19.120 --> 00:12:25.200
Why? I want to, as I'm learning who you are and what you need, I know what's going to help you.

153
00:12:25.200 --> 00:12:29.520
So, if you're musicians or you're doing videos and you're thinking, man, I need free background

154
00:12:29.520 --> 00:12:34.480
music, I'm going to be dropping links. I'm going to be telling you, look, you know, you're in Canada

155
00:12:34.480 --> 00:12:38.960
and you need to do a trademark search. I'm going to drop the Canadian trademark office website for

156
00:12:38.960 --> 00:12:46.720
you specifically for searches so you can do your own searches. Like, my job to me is to help you as

157
00:12:46.720 --> 00:12:51.520
much as I can for these five days that I'm with you. That's my heart. That's what I want to do,

158
00:12:51.520 --> 00:12:58.080
help you as best as I can. And if I can succeed in that, awesome. Then your only obligation is to do

159
00:12:58.080 --> 00:13:06.160
a, at the end, we're going to hand out, what do we call them? Their, those, those forms,

160
00:13:06.160 --> 00:13:12.000
feedback forms. Yeah. So, at the end, you'll get a feedback form. Please fill that out. Most people

161
00:13:12.000 --> 00:13:15.680
forget. If you can remember, that's great. That's the only time I'm going to ask you. So,

162
00:13:16.240 --> 00:13:20.880
all right. Now, there's a second thing that you should have received. I'm going to show you on the

163
00:13:20.880 --> 00:13:30.720
screen. Let me pull it up for you. And the reason why I posted this, there's actually a few reasons

164
00:13:30.720 --> 00:13:39.040
why I posted this, but this document here should make your life a lot easier. Okay. So, everybody's

165
00:13:39.040 --> 00:13:46.640
seen this, this document here? Okay. You should have a copy of this. It's also in the Facebook

166
00:13:46.640 --> 00:13:56.240
group. Okay. So, what I would do, let me see, can I make this larger? I can. There we go. Is that,

167
00:13:56.240 --> 00:14:01.600
that should be easier for you to read, right? Okay, good. All right. So, the way this thing works

168
00:14:02.400 --> 00:14:10.640
is, on the bottom portion here, these are all different creative works down here. You've got

169
00:14:10.640 --> 00:14:20.880
books. You've got movies. You've got anything from like a machine that's over here. You've got your

170
00:14:20.880 --> 00:14:28.000
words, your logos over there. Whatever it is that you've created, chances are very high, about 95%

171
00:14:28.000 --> 00:14:33.120
of those things are on this list. So, you should be able to find that thing and then just go straight

172
00:14:33.120 --> 00:14:38.800
up. And it tells you, oh, trademarks. Need to look at that for trademarks. It's a painting. Oh,

173
00:14:38.800 --> 00:14:43.600
copyrights. Now, there's certain things that fall into more than one category.

174
00:14:44.480 --> 00:14:50.720
As an example, software. Software, what you'll find is that the software itself can fall into

175
00:14:50.720 --> 00:14:58.800
more than one category. So, for software, you've got computer code. You'll learn this on Wednesday.

176
00:14:58.800 --> 00:14:59.840
We'll go into this.

177
00:15:00.000 --> 00:15:05.000
For software, you've got the computer code itself, that's protectable by copyright law.

178
00:15:05.000 --> 00:15:10.000
But then you've got the functionality of the software, which is protectable by patents.

179
00:15:10.000 --> 00:15:16.000
So this is yours, right? This document right here, I'm handing this to you.

180
00:15:16.000 --> 00:15:24.000
But what I want you to realize is what I'm giving you is protected by my copyrights.

181
00:15:24.000 --> 00:15:31.000
Now, I'm a litigator. OK, so I'm very good at enforcing legal rights.

182
00:15:31.000 --> 00:15:36.000
So that's a gentle way of saying don't take my stuff and give it to other people.

183
00:15:36.000 --> 00:15:42.000
It's a bad idea. OK, this is for you. You purchased it. I want to bless you with it.

184
00:15:42.000 --> 00:15:53.000
I hope you do well with it. But I should not see any of my work getting placed on Facebook or Twitter or like actually can't be on Twitter or TikTok or anything.

185
00:15:53.000 --> 00:15:59.000
This is for you. You do not have rights to make copies or to distribute. OK, so I've covered that.

186
00:15:59.000 --> 00:16:03.000
You know that. Now, finally, we're going to walk into a scenario.

187
00:16:03.000 --> 00:16:07.000
Is everybody with me so far? Can you drop the link for the PDF?

188
00:16:07.000 --> 00:16:15.000
Yeah, it's actually in the Facebook group, but I can most certainly I'm very happy to drop that for you as well.

189
00:16:16.000 --> 00:16:23.000
Here it is. Right. Click. Copy. So in the Facebook group, everybody, what you will find.

190
00:16:23.000 --> 00:16:32.000
There you go. That's the that's the scenario. And then the handout is right.

191
00:16:32.000 --> 00:16:37.000
Here. Right, click, copy and paste.

192
00:16:37.000 --> 00:16:43.000
This one here, this is the handout. I'm just going to write the word handout next to it.

193
00:16:43.000 --> 00:16:50.000
There you go. That's the handout. You can click on that, too. OK, well, you'll find is the majority of the things that I'm sharing with you.

194
00:16:50.000 --> 00:16:55.000
I'll actually post in that Facebook group. That's why Larissa said, make sure you become a member of the Facebook group.

195
00:16:55.000 --> 00:17:01.000
OK, I'm taking a lot of time with the administrative stuff now because once we get going, we're going to go.

196
00:17:01.000 --> 00:17:07.000
So to make sure everybody is in the right place and everybody is ready to excel.

197
00:17:07.000 --> 00:17:14.000
So. You have the you have the bonus handout, that's all set.

198
00:17:14.000 --> 00:17:19.000
I'm going to show you now a scenario. It's a very basic scenario.

199
00:17:19.000 --> 00:17:26.000
After I show you the scenario, some of you are going to wonder what in the world is this guy talking about now?

200
00:17:26.000 --> 00:17:32.000
Today's day one. You haven't started yet. You haven't learned trademarks, copyrights, patents or trade secrets.

201
00:17:32.000 --> 00:17:39.000
By Friday, you will understand every single area of intellectual property law associated with this scenario.

202
00:17:39.000 --> 00:17:43.000
OK, you're going to answer the questions on that day.

203
00:17:43.000 --> 00:17:49.000
So what I'm going to do right now is I'm going to share with you the scenario.

204
00:17:49.000 --> 00:17:56.000
Here we go. Let me share my screen. And there it is.

205
00:17:56.000 --> 00:18:05.000
Share. OK, here's the scenario. It's a very basic scenario.

206
00:18:05.000 --> 00:18:12.000
I didn't make it too difficult on the technology. So I'm just going to walk through each of these one by one.

207
00:18:12.000 --> 00:18:16.000
And I want you to think to yourself, as a matter of fact, let's have some fun.

208
00:18:16.000 --> 00:18:24.000
You type in the chat what areas of intellectual property law you believe pertains to each line as as I'm reading them.

209
00:18:24.000 --> 00:18:30.000
OK, and what that means is you type in if you think it's something protectable by trademark.

210
00:18:30.000 --> 00:18:36.000
Copyright, patent or trade secret, just type it in and nobody is going to make fun of anybody.

211
00:18:36.000 --> 00:18:42.000
We're all learning together. I'm assuming everybody is on day one because today is day one.

212
00:18:42.000 --> 00:18:47.000
So nobody is going to be left behind. OK, so here's a scenario.

213
00:18:47.000 --> 00:18:52.000
You own a small company called Burger Town. Right. That's the first part.

214
00:18:52.000 --> 00:18:57.000
Type in the chat what area of intellectual property law you think.

215
00:18:57.000 --> 00:19:04.000
Look at that. Look at this. My gosh, people, that's really good.

216
00:19:04.000 --> 00:19:08.000
That's really good. That lets me know I can go deeper with you guys. That's good.

217
00:19:08.000 --> 00:19:14.000
OK, number two, you have a Web site advertising the company.

218
00:19:14.000 --> 00:19:23.000
Providing a menu and describing ingredients, preparation techniques and health information regarding each item on the menu.

219
00:19:23.000 --> 00:19:30.000
What area of IP? OK, OK. Yeah, yeah.

220
00:19:30.000 --> 00:19:35.000
All right. Yeah. OK. All right. Next one.

221
00:19:35.000 --> 00:19:39.000
I skipped number two. It says your number one selling burger is the belt buster.

222
00:19:39.000 --> 00:19:45.000
What area of. Look at this. Suzanne's actually typing down what is covered by copyright.

223
00:19:45.000 --> 00:19:51.000
Go, Suzanne. That's so awesome. Number two. Yep. Very good. Trademarks.

224
00:19:51.000 --> 00:19:55.000
OK, let's go to number four. Now it gets a little more difficult.

225
00:19:55.000 --> 00:20:00.000
You have a new process for keeping inventory of burgers prepared and for determining.

226
00:20:00.000 --> 00:20:05.000
loss of profits by using a novel pressure sensitive device

227
00:20:05.060 --> 00:20:09.600
located within a grill used for preparing burgers.

228
00:20:09.600 --> 00:20:12.480
The burgers placed on an indented surface

229
00:20:12.480 --> 00:20:14.640
of the grill during cooking.

230
00:20:14.640 --> 00:20:18.340
The indented surface has a pressure sensitive switch

231
00:20:18.340 --> 00:20:21.880
that is thrown when the weight of the burger is detected.

232
00:20:21.880 --> 00:20:22.920
I made this up by the way,

233
00:20:22.920 --> 00:20:25.520
I should have actually filed something on this.

234
00:20:25.520 --> 00:20:28.880
Software within a computer is capable of comparing

235
00:20:28.880 --> 00:20:32.560
the number of detected burgers to actual sale of burgers

236
00:20:32.560 --> 00:20:36.040
to determine how many cooked burgers were never sold,

237
00:20:36.040 --> 00:20:39.200
meaning burned, dropped, free replacements were provided

238
00:20:39.200 --> 00:20:42.660
or claimed as a working benefit by a disgruntled employee.

239
00:20:42.660 --> 00:20:45.720
That was me when I worked in restaurants.

240
00:20:45.720 --> 00:20:47.800
Okay, so you've got,

241
00:20:47.800 --> 00:20:49.920
look at that pressure sensitive device pad.

242
00:20:49.920 --> 00:20:53.120
You got trade secrets, you've got trademarks.

243
00:20:53.120 --> 00:20:55.560
Yeah, everybody's writing all sorts of stuff on that.

244
00:20:55.560 --> 00:20:57.520
Okay, okay, trade secrets.

245
00:20:57.520 --> 00:20:58.680
All right, and the last one finally,

246
00:20:59.440 --> 00:21:01.480
you also sell a new drink called HungerAid

247
00:21:01.480 --> 00:21:04.440
that everyone loves and no one knows how to replicate.

248
00:21:04.440 --> 00:21:05.640
What area of IP for that?

249
00:21:05.640 --> 00:21:06.640
That's number five.

250
00:21:09.220 --> 00:21:11.120
Okay, all right.

251
00:21:11.120 --> 00:21:15.000
Well, now I have a good idea of where you guys are.

252
00:21:15.000 --> 00:21:16.160
Look at that.

253
00:21:16.160 --> 00:21:17.740
That's good, that's good.

254
00:21:17.740 --> 00:21:19.020
Okay, all right.

255
00:21:20.820 --> 00:21:22.920
I have a really good idea of where you guys are.

256
00:21:22.920 --> 00:21:25.360
So with that, we're gonna start jumping

257
00:21:25.360 --> 00:21:26.520
into the trademark law.

258
00:21:26.520 --> 00:21:27.600
Now that scenario,

259
00:21:27.600 --> 00:21:29.280
some of you were looking at that and thinking,

260
00:21:29.280 --> 00:21:31.900
well, how's there a copyright issue there?

261
00:21:31.900 --> 00:21:34.400
How's there a trademark or trade secret issue?

262
00:21:34.400 --> 00:21:36.560
You're gonna learn all this, okay?

263
00:21:36.560 --> 00:21:38.960
So we're gonna go piece by piece,

264
00:21:38.960 --> 00:21:41.040
but for now, you don't need any of that.

265
00:21:41.040 --> 00:21:42.480
We're kind of done.

266
00:21:42.480 --> 00:21:47.200
The Facebook group has all of those documents posted already

267
00:21:47.200 --> 00:21:48.440
and we dropped the links for you.

268
00:21:48.440 --> 00:21:52.880
So let's jump into trademark law, okay?

269
00:21:52.880 --> 00:21:55.920
All right, now, trademarks.

270
00:21:56.920 --> 00:21:59.440
Trademarks, they're basically the way they work

271
00:21:59.440 --> 00:22:01.920
is they're an identification as to a source of goods,

272
00:22:01.920 --> 00:22:04.080
regardless of whether or not you know

273
00:22:04.080 --> 00:22:06.360
who that source of goods is.

274
00:22:06.360 --> 00:22:07.760
Now, what do I mean by that?

275
00:22:09.080 --> 00:22:10.960
If you think of, here's a really,

276
00:22:10.960 --> 00:22:12.920
an example I've used multiple times,

277
00:22:12.920 --> 00:22:16.240
the product DayQuil, okay?

278
00:22:16.240 --> 00:22:19.400
Most people have no clue who makes DayQuil.

279
00:22:19.400 --> 00:22:21.980
Does anybody actually know who makes it?

280
00:22:21.980 --> 00:22:24.000
All right, we have a few people who know.

281
00:22:24.000 --> 00:22:25.640
Yeah, I didn't know.

282
00:22:25.640 --> 00:22:27.760
And most of the people I asked,

283
00:22:27.760 --> 00:22:30.920
I'd say about 70% of them are not really sure who makes it.

284
00:22:30.920 --> 00:22:33.500
It's actually created by Vicks, right?

285
00:22:33.500 --> 00:22:36.280
But nobody cares.

286
00:22:36.280 --> 00:22:39.640
Like, what I care about when I hear the name DayQuil

287
00:22:39.640 --> 00:22:42.440
is I can take it during the day.

288
00:22:42.440 --> 00:22:44.640
It's not too expensive.

289
00:22:44.640 --> 00:22:46.080
I can get it over the counter.

290
00:22:46.080 --> 00:22:47.640
Like, I can get it.

291
00:22:47.640 --> 00:22:48.920
I don't have to actually

292
00:22:48.920 --> 00:22:50.960
get some kind of prescription for it.

293
00:22:50.960 --> 00:22:52.040
It's readily available

294
00:22:52.040 --> 00:22:54.400
and I get some kind of results, right?

295
00:22:54.400 --> 00:22:55.940
And I don't fall asleep.

296
00:22:55.940 --> 00:22:59.200
Those characteristics are associated with that name.

297
00:23:00.440 --> 00:23:03.840
So if you spend money on that name DayQuil

298
00:23:03.840 --> 00:23:05.680
and somebody else says,

299
00:23:05.680 --> 00:23:07.920
you know what, I'm just gonna take that name also

300
00:23:07.920 --> 00:23:10.360
and I'm gonna create a product called DayQuil,

301
00:23:10.360 --> 00:23:12.580
and they put it on the shelf, what happens?

302
00:23:12.580 --> 00:23:15.400
Everybody who wants those characteristics

303
00:23:15.400 --> 00:23:17.360
that you have provided for your products

304
00:23:17.360 --> 00:23:19.960
or your services or your business

305
00:23:19.960 --> 00:23:23.040
now get guided over to that other party.

306
00:23:23.040 --> 00:23:24.520
Why?

307
00:23:24.520 --> 00:23:27.400
Because everybody fell in love with that DayQuil,

308
00:23:27.400 --> 00:23:28.760
that product, right?

309
00:23:28.760 --> 00:23:30.560
So now they're looking for it

310
00:23:30.560 --> 00:23:32.720
and somebody else grabs that name

311
00:23:32.720 --> 00:23:35.040
that's called trademark infringement, okay?

312
00:23:35.040 --> 00:23:37.440
But just keep in mind,

313
00:23:37.440 --> 00:23:39.820
it's not so important that people understand

314
00:23:39.820 --> 00:23:41.920
who the source of goods is.

315
00:23:41.920 --> 00:23:43.800
It's more important that they understand

316
00:23:43.800 --> 00:23:46.640
the features of the product or the service.

317
00:23:46.640 --> 00:23:50.600
So you'll understand why that's important pretty shortly,

318
00:23:50.600 --> 00:23:51.920
but just keep that in mind

319
00:23:51.920 --> 00:23:53.280
because you may think to yourself,

320
00:23:53.280 --> 00:23:55.560
well, my name's Anders, nobody knows me,

321
00:23:55.560 --> 00:23:58.960
like how many people actually know

322
00:23:58.960 --> 00:24:00.440
everything about my business?

323
00:24:00.440 --> 00:24:04.240
So I create some kind of name and I'm thinking,

324
00:24:04.240 --> 00:24:06.120
well, I'm guiding people to this product

325
00:24:06.120 --> 00:24:07.880
so they'll purchase the product,

326
00:24:07.880 --> 00:24:09.960
but nobody knows me, nobody knows my name.

327
00:24:09.960 --> 00:24:11.180
That doesn't matter.

328
00:24:12.200 --> 00:24:15.720
That part does, it's not as important, okay?

329
00:24:15.720 --> 00:24:19.040
So don't get so stuck on the fact of

330
00:24:19.040 --> 00:24:23.120
how do I choose a name that has my name in it?

331
00:24:24.320 --> 00:24:25.840
I'm gonna tell you that

332
00:24:25.840 --> 00:24:29.600
if you file a trademark application for your name,

333
00:24:29.600 --> 00:24:31.600
most of the time it's gonna get rejected

334
00:24:32.640 --> 00:24:34.520
because the United States Patent and Trademark Office

335
00:24:34.520 --> 00:24:36.600
does not allow you to register your name

336
00:24:36.600 --> 00:24:40.760
unless you're famous, okay?

337
00:24:40.760 --> 00:24:44.640
Now, I may be infamous, but I'm not famous, all right?

338
00:24:44.680 --> 00:24:46.720
So for that reason,

339
00:24:46.720 --> 00:24:48.080
there's a difference between the meanings,

340
00:24:48.080 --> 00:24:49.560
if you're not sure, you have to look that one up.

341
00:24:49.560 --> 00:24:52.200
So for that reason,

342
00:24:53.200 --> 00:24:55.160
I can't take my name and just file it,

343
00:24:55.160 --> 00:24:56.840
Peter Nieves with the United States Patent

344
00:24:56.840 --> 00:24:58.920
and Trademark Office and get a registration.

345
00:24:58.920 --> 00:25:00.320
When it comes to trademarks.

346
00:25:00.000 --> 00:25:04.420
I know a number of you are starting your own company.

347
00:25:04.420 --> 00:25:08.100
So you're thinking, well, I want to use my name

348
00:25:08.100 --> 00:25:09.960
as the name of the company.

349
00:25:09.960 --> 00:25:11.220
And then you're thinking, well,

350
00:25:11.220 --> 00:25:12.860
I want to file a trademark application

351
00:25:12.860 --> 00:25:14.560
for the name of the company.

352
00:25:14.560 --> 00:25:16.160
You may run into a problem.

353
00:25:17.220 --> 00:25:19.980
I just want to kind of let you know that upfront

354
00:25:19.980 --> 00:25:22.220
before you're investing money in your LLCs

355
00:25:22.220 --> 00:25:25.440
and all your other corporations that use your actual name.

356
00:25:25.440 --> 00:25:27.820
Now that doesn't mean that you can't use a name.

357
00:25:27.820 --> 00:25:30.660
It just means that you may not be able

358
00:25:30.660 --> 00:25:32.180
to get a federal registration.

359
00:25:32.180 --> 00:25:33.520
Why do you care?

360
00:25:34.700 --> 00:25:37.580
If you get a federal registration for your trademark,

361
00:25:37.580 --> 00:25:41.900
you get to stop anybody from using any name

362
00:25:43.160 --> 00:25:45.340
that is similar and would result

363
00:25:45.340 --> 00:25:48.740
in what's called a likelihood of confusion.

364
00:25:48.740 --> 00:25:51.220
We're going to go over the elements

365
00:25:51.220 --> 00:25:54.100
of a likelihood of confusion test.

366
00:25:54.100 --> 00:25:55.940
I'm going to give you this stuff, okay?

367
00:25:55.940 --> 00:25:59.180
So there's like nine to 12 factors.

368
00:25:59.180 --> 00:26:00.900
I'm going to actually give you a printout

369
00:26:00.900 --> 00:26:02.780
and post it in the Facebook group too, okay?

370
00:26:02.780 --> 00:26:04.620
We're going to cover that shortly.

371
00:26:04.620 --> 00:26:05.900
But the main thing,

372
00:26:05.900 --> 00:26:07.760
the main reason why I'm going over this first

373
00:26:07.760 --> 00:26:10.820
is a number of you have emailed me and done lives

374
00:26:10.820 --> 00:26:13.580
talking about how you're starting new companies.

375
00:26:13.580 --> 00:26:15.340
I just want you to think,

376
00:26:15.340 --> 00:26:18.020
if you're starting a new company with your name in it,

377
00:26:18.020 --> 00:26:20.780
you may not be able to get that federal registration.

378
00:26:20.780 --> 00:26:23.100
I just want you to know that right up front, okay?

379
00:26:23.100 --> 00:26:24.500
So that's a business decision

380
00:26:24.500 --> 00:26:27.700
you're going to have to make internally, all right?

381
00:26:27.700 --> 00:26:29.500
And what the intent of the trademark is,

382
00:26:29.500 --> 00:26:31.320
is to protect your goodwill.

383
00:26:31.320 --> 00:26:32.540
What's goodwill?

384
00:26:32.540 --> 00:26:34.340
That's all the money you're spending on marketing,

385
00:26:34.340 --> 00:26:36.540
on advertising, on protecting your name,

386
00:26:36.540 --> 00:26:38.700
on getting the public to know who you are

387
00:26:38.700 --> 00:26:40.620
or to know your products or your services.

388
00:26:40.620 --> 00:26:43.420
That's called goodwill.

389
00:26:43.420 --> 00:26:46.520
You can spend tens of thousands to hundreds of thousands

390
00:26:46.520 --> 00:26:50.260
to millions of dollars protecting your name, all right?

391
00:26:50.260 --> 00:26:53.340
So trademarks make it so that

392
00:26:53.340 --> 00:26:55.700
other people can't use that.

393
00:26:55.700 --> 00:26:58.140
That's not the same as copyrights.

394
00:26:58.140 --> 00:26:59.900
We'll talk about copyrights shortly,

395
00:26:59.900 --> 00:27:03.380
but trademarks protect your name or a logo.

396
00:27:03.380 --> 00:27:05.420
Now I'm going to share something with you

397
00:27:06.620 --> 00:27:07.940
just so you could see.

398
00:27:08.820 --> 00:27:11.380
There's on your form actually listed different things

399
00:27:11.380 --> 00:27:13.140
that are protectable by trademarks, right?

400
00:27:13.140 --> 00:27:15.140
You should see it in that list, okay?

401
00:27:15.140 --> 00:27:18.900
But I'm going to share my screen with you again,

402
00:27:18.900 --> 00:27:22.740
just very quickly and kind of go large on this here.

403
00:27:22.780 --> 00:27:24.980
These are examples of different types

404
00:27:24.980 --> 00:27:27.260
of classes of trademarks.

405
00:27:27.260 --> 00:27:30.460
Trademarks can be words, they can be slow.

406
00:27:30.460 --> 00:27:34.340
So as a word, like Nike, Nike is a word, right?

407
00:27:35.220 --> 00:27:38.740
Now there's also just do it.

408
00:27:38.740 --> 00:27:40.340
That's a slogan.

409
00:27:40.340 --> 00:27:42.420
It's not just a word, that's a slogan.

410
00:27:42.420 --> 00:27:43.900
That's protectable too.

411
00:27:43.900 --> 00:27:47.500
But then you can also protect designs like the Swoosh,

412
00:27:47.500 --> 00:27:50.980
the Nike Swoosh, that's protectable, okay?

413
00:27:50.980 --> 00:27:53.020
You can also protect certain things

414
00:27:53.020 --> 00:27:54.660
that you probably have never heard of.

415
00:27:54.660 --> 00:27:56.460
You can actually protect the color.

416
00:27:57.660 --> 00:28:00.580
Now let me give you some examples of colors.

417
00:28:00.580 --> 00:28:04.380
If I told you a mailing service that uses the color brown,

418
00:28:04.380 --> 00:28:07.420
somebody type in the chat what company that is.

419
00:28:11.980 --> 00:28:12.900
UPS.

420
00:28:14.100 --> 00:28:16.980
UPS owns the color brown.

421
00:28:16.980 --> 00:28:18.900
Now I want you to think about this.

422
00:28:18.900 --> 00:28:20.900
Think about the power.

423
00:28:20.900 --> 00:28:25.900
Think about the sheer power in owning a color in your class.

424
00:28:28.060 --> 00:28:30.180
You may be a coach.

425
00:28:30.180 --> 00:28:32.500
What if for all your coaching,

426
00:28:32.500 --> 00:28:35.460
all your, let's say like your flow charts or your software

427
00:28:35.460 --> 00:28:38.020
or what are your ads or whatever it is,

428
00:28:38.020 --> 00:28:40.380
you always use a certain color

429
00:28:40.380 --> 00:28:42.620
and you're getting to be known for that color.

430
00:28:42.620 --> 00:28:44.500
You could actually file a trademark application

431
00:28:44.500 --> 00:28:45.380
for that color.

432
00:28:45.380 --> 00:28:48.060
I guarantee you nobody else is doing it.

433
00:28:48.060 --> 00:28:51.500
I filed a trademark application for the color blue

434
00:28:51.500 --> 00:28:54.020
for Macintosh and we got it.

435
00:28:54.020 --> 00:28:58.460
It's one of a few trademarks in the world for colors.

436
00:28:58.460 --> 00:29:01.220
So now no other company in the world

437
00:29:01.220 --> 00:29:05.020
can use the color blue for an audio receiver

438
00:29:05.020 --> 00:29:08.500
or they infringe upon a trademark.

439
00:29:08.500 --> 00:29:09.540
That's powerful.

440
00:29:09.540 --> 00:29:11.060
That's very powerful.

441
00:29:11.060 --> 00:29:12.060
So just think about that.

442
00:29:12.060 --> 00:29:15.260
The other thing is like smells, perfumes.

443
00:29:15.300 --> 00:29:19.820
Their smells are protectable by trademarks, okay?

444
00:29:19.820 --> 00:29:21.980
You've also got like packaging shapes

445
00:29:21.980 --> 00:29:25.100
and there's other things that you can protect.

446
00:29:25.100 --> 00:29:27.020
So any questions on that so far?

447
00:29:27.020 --> 00:29:29.420
Like what's protectable by trademarks?

448
00:29:30.460 --> 00:29:32.300
If you do, type it in the chat

449
00:29:32.300 --> 00:29:35.820
so I can take a look at it as we're moving along, okay?

450
00:29:35.820 --> 00:29:36.900
Just put it in there.

451
00:29:38.220 --> 00:29:40.340
Now, what I wanna show you here,

452
00:29:41.540 --> 00:29:44.500
I wanna show you one of the biggest mistakes

453
00:29:44.500 --> 00:29:46.900
that entrepreneurs make, okay?

454
00:29:48.260 --> 00:29:50.100
Difference color blues are just one shade.

455
00:29:50.100 --> 00:29:51.660
That's a great question, D.

456
00:29:51.660 --> 00:29:52.860
All right.

457
00:29:52.860 --> 00:29:55.140
It's the specific color.

458
00:29:55.140 --> 00:29:59.100
So if somebody gets like powder blue versus Navy blue,

459
00:29:59.100 --> 00:30:00.220
it's that specific.

460
00:30:00.000 --> 00:30:09.000
specific shade. Okay, so they can't just own any blue, it's that specific shade. Very powerful.

461
00:30:09.000 --> 00:30:22.000
Viola asked a really good question as well. Can I use a fictitious name instead of my name? Yeah, absolutely. And the beauty of that is it's actually not your real name so then when somebody tries to say, you can't get a federal registration

462
00:30:22.000 --> 00:30:49.000
you can say, I don't think so, I fooled you, that's not my real name, ha, give me my registration. So, you know, that's a possibility. Now, you can actually obtain a federal registration for a name on a book, right, for a trademark if, now there's a big if, if it's a series.

463
00:30:49.000 --> 00:30:59.000
Okay, so some of you here are authors. I've seen your lives like and some of you have sent me some messages and said I'm an author, I got this book I want to protect everything that I can on it.

464
00:30:59.000 --> 00:31:09.000
And so you're thinking, you know, there's copyrights for the text, there's, you know, there's a logo on there I want to protect that potentially by trademarks, but then I've got a name I got a title.

465
00:31:09.000 --> 00:31:17.000
I want to file a trademark for that. If it's the only book that you have with that name you cannot file trademark application for that.

466
00:31:17.000 --> 00:31:19.000
There needs to be a series.

467
00:31:19.000 --> 00:31:21.000
Think like Harry Potter.

468
00:31:21.000 --> 00:31:31.000
Think like you know Tale of Two Cities or you know like things like that there needs to be a series for you to get that that registration. Otherwise it will get rejected.

469
00:31:31.000 --> 00:31:43.000
You can try. I'm just telling you that how many makes a series, great. Viola, are you going to be the person with all the excellent questions because like every one of your questions are perfect.

470
00:31:44.000 --> 00:31:46.000
I would say three.

471
00:31:46.000 --> 00:31:49.000
I would say if you're going with three or more.

472
00:31:49.000 --> 00:31:59.000
It's a good chance you're going to get your registration to go through. If you're at two, you can get some pushback, you know, but usually when I see three.

473
00:32:00.000 --> 00:32:13.000
That's a sweet spot, you know, from there and on, you're going to do well. Okay, now I want to show you something here, something that people, a place that people make mistakes, all the time, so I really want to share this with you.

474
00:32:13.000 --> 00:32:16.000
Before we go any further.

475
00:32:16.000 --> 00:32:21.000
Actually, let me ask you a question before we before I show you this.

476
00:32:21.000 --> 00:32:31.000
How many people here are forming a company, like right now, you're in the process of forming a company. Alright, so we have a few people. Okay. All right.

477
00:32:31.000 --> 00:32:34.000
Okay, let me show you something.

478
00:32:34.000 --> 00:32:37.000
Share my screen. This right here.

479
00:32:37.000 --> 00:32:49.000
This is the Secretary of State landing site. Now this is for New Hampshire, every single state has one.

480
00:32:49.000 --> 00:33:04.000
Every single state I don't care where you are. It may not be listed as under the Secretary of State may be listed as under something else, but they all have this place, and they all have this little spot here that says, search for the name of a business.

481
00:33:04.000 --> 00:33:14.000
Okay, so you think to yourself, I'm going to start a company, and my company is going to be called, let's say,

482
00:33:15.000 --> 00:33:23.000
Night Rocks, right, so N-I-T-E-R-O-C-K-S, let's say that's it, Night Rocks, right.

483
00:33:23.000 --> 00:33:33.000
So you go in and you type the name, Night Rocks, and you search. And when you search, if somebody has Night Rocks, that's going to be really weird.

484
00:33:33.000 --> 00:33:41.000
But no data found, there it goes. So it tells you that there are no registrations for that. So this is what most people do.

485
00:33:41.000 --> 00:33:53.000
They find the website for looking at for business names, and what they do immediately is they type in the name, and they look for it, and they say, oh, that's clear.

486
00:33:53.000 --> 00:33:57.000
And so they start using it. They go and they file for registration.

487
00:33:57.000 --> 00:34:00.000
Don't do that.

488
00:34:00.000 --> 00:34:13.000
The site I just showed you is only showing you all of the corporate names that have been registered with the state. That is not a trademark registry.

489
00:34:13.000 --> 00:34:15.000
They are not the same.

490
00:34:15.000 --> 00:34:23.000
If you're starting a company, do not rely upon the corporate name filing in the Secretary of State to tell you whether or not you can use that name.

491
00:34:23.000 --> 00:34:26.000
They are not the same.

492
00:34:26.000 --> 00:34:37.000
I've seen multiple parties get sued or get cease and desist letters after they hire a corporate law attorney to file for an LLC.

493
00:34:37.000 --> 00:34:47.000
And the corporate law attorney goes in there, does a search. Oh, it's clear. Great. They file the application for an LLC. Great. We're in perfect position.

494
00:34:48.000 --> 00:34:56.000
Two years later, they get sued for trademark infringement. And they say, I don't understand. I hired a lawyer to see if the name was clear.

495
00:34:56.000 --> 00:35:00.000
And the corporate lawyer says, it is clear. I did a search.

496
00:35:00.000 --> 00:35:02.920
Because a corporate lawyer doesn't handle intellectual property law.

497
00:35:02.920 --> 00:35:04.920
Make sure that the lawyers that you hire

498
00:35:04.920 --> 00:35:09.840
understand the areas of law that pertain to your scenarios.

499
00:35:09.840 --> 00:35:14.200
You should not be talking to a IP lawyer about something

500
00:35:14.200 --> 00:35:16.240
that has to do with bankruptcy.

501
00:35:16.240 --> 00:35:20.080
You shouldn't be talking to a corporate lawyer

502
00:35:20.080 --> 00:35:21.800
if you're trying to figure out something

503
00:35:21.800 --> 00:35:25.240
that has to do with wills and probate and estates.

504
00:35:25.240 --> 00:35:27.040
It's not the same.

505
00:35:27.040 --> 00:35:30.480
And it's the same thing with intellectual property law.

506
00:35:30.480 --> 00:35:31.480
You got to be careful.

507
00:35:31.480 --> 00:35:33.160
Don't hire a corporate law attorney

508
00:35:33.160 --> 00:35:37.800
to tell you whether or not your name is safe to use.

509
00:35:37.800 --> 00:35:39.880
So if you did that search in there

510
00:35:39.880 --> 00:35:44.200
and you saw that your name was clear and you filed an LLC,

511
00:35:44.200 --> 00:35:47.400
you need to do a different kind of search.

512
00:35:47.400 --> 00:35:51.560
Now, in VIP, we're going to be doing searches live

513
00:35:51.560 --> 00:35:52.680
and digging in detail.

514
00:35:52.680 --> 00:35:54.680
And here, I'm going to actually show you

515
00:35:54.680 --> 00:35:57.360
how you can do some top-level searching.

516
00:35:57.360 --> 00:36:00.360
But I want to make that clear.

517
00:36:00.360 --> 00:36:02.720
Because I've seen too many people get into trouble,

518
00:36:02.720 --> 00:36:05.200
get sued, get cease and desist letters.

519
00:36:05.200 --> 00:36:06.880
And what happens is you then have

520
00:36:06.880 --> 00:36:10.640
to change your websites, your funnels, your stencil,

521
00:36:10.640 --> 00:36:15.880
your marketing material, your business cards, your domain

522
00:36:15.880 --> 00:36:17.880
names, everything.

523
00:36:17.880 --> 00:36:20.760
Think of all the money you've spent towards marketing,

524
00:36:20.760 --> 00:36:22.720
now doing it all over and starting over.

525
00:36:22.720 --> 00:36:23.880
Don't do that.

526
00:36:23.880 --> 00:36:25.800
So hopefully, you don't run into that scenario

527
00:36:25.800 --> 00:36:29.040
now that I've shared that with you.

528
00:36:29.040 --> 00:36:34.120
Instead, if you are going to do a search,

529
00:36:34.120 --> 00:36:36.720
there are multiple types of trademark searches

530
00:36:36.720 --> 00:36:37.960
that you can do.

531
00:36:37.960 --> 00:36:39.520
So I'm going to take a second here

532
00:36:39.520 --> 00:36:41.680
and kind of give you a preview.

533
00:36:41.680 --> 00:36:46.960
Ray, do we have that wheel thing ready, by the way?

534
00:36:46.960 --> 00:36:48.760
Because I want to take a break.

535
00:36:48.760 --> 00:36:49.440
All right, cool.

536
00:36:49.440 --> 00:36:51.960
All right, so this is what I'm going to do.

537
00:36:51.960 --> 00:36:53.840
I know we're getting into the thick of things,

538
00:36:53.840 --> 00:36:55.920
but I want to kind of keep it light on day one.

539
00:36:55.920 --> 00:36:57.800
I don't want you guys to dig in so deep

540
00:36:57.800 --> 00:36:59.560
that you drown on day one.

541
00:36:59.560 --> 00:37:02.240
So I want to give away the first prize, all right?

542
00:37:02.240 --> 00:37:06.880
So this is a $50 Amazon gift card

543
00:37:06.880 --> 00:37:08.360
that we're giving away right now.

544
00:37:08.360 --> 00:37:13.720
Now, all of you who registered in the last hour,

545
00:37:13.720 --> 00:37:17.080
I don't know if we got them, Ray, or not, but we did our best.

546
00:37:17.080 --> 00:37:18.480
We got a couple of them.

547
00:37:18.480 --> 00:37:19.400
OK, cool.

548
00:37:19.400 --> 00:37:20.280
Ray's amazing.

549
00:37:20.280 --> 00:37:23.960
So yeah, so we're going to share.

550
00:37:23.960 --> 00:37:25.440
We'll share the wheel.

551
00:37:25.440 --> 00:37:27.040
All right, let me share my screen here.

552
00:37:30.640 --> 00:37:33.080
Let's see if, oh, there it goes.

553
00:37:33.080 --> 00:37:36.920
All right, so go ahead and spin that.

554
00:37:36.920 --> 00:37:40.560
And let's see who wins the first prize today.

555
00:37:40.560 --> 00:37:42.440
We have to be here live to win.

556
00:37:42.440 --> 00:37:43.160
Yeah, you do.

557
00:37:47.600 --> 00:37:49.280
Chris Merriman.

558
00:37:49.280 --> 00:37:50.800
Chris Merriman, are you here?

559
00:37:50.800 --> 00:37:51.600
Is Chris here?

560
00:37:54.400 --> 00:37:55.280
No.

561
00:37:55.280 --> 00:37:56.200
No?

562
00:37:56.200 --> 00:37:57.160
Oh, let's spin again.

563
00:37:57.160 --> 00:37:58.200
All right, spin it again.

564
00:38:07.080 --> 00:38:11.440
Suzy Coulters.

565
00:38:11.440 --> 00:38:12.480
I know, Suzy.

566
00:38:12.480 --> 00:38:14.320
She is not present.

567
00:38:14.320 --> 00:38:17.840
Oh, man, the odds are getting better and better.

568
00:38:17.840 --> 00:38:18.760
All right, do it again.

569
00:38:19.360 --> 00:38:21.560
Do it again.

570
00:38:21.560 --> 00:38:23.400
Kim says she's here.

571
00:38:23.400 --> 00:38:25.880
Yeah.

572
00:38:25.880 --> 00:38:27.880
It's going to break down if people aren't here.

573
00:38:27.880 --> 00:38:29.760
Jim Holmes.

574
00:38:29.760 --> 00:38:33.000
Is Jim here?

575
00:38:33.000 --> 00:38:33.480
Nope.

576
00:38:33.480 --> 00:38:34.000
Nope.

577
00:38:34.000 --> 00:38:36.680
So important to say that.

578
00:38:36.680 --> 00:38:38.400
I want my name in it now.

579
00:38:38.400 --> 00:38:41.080
The chances are getting better.

580
00:38:41.080 --> 00:38:45.200
If somebody is signed in as an iPad,

581
00:38:45.200 --> 00:38:47.720
can you rename yourself so we know at least your name?

582
00:38:47.720 --> 00:38:48.640
Nathan, Nathan's here.

583
00:38:48.640 --> 00:38:51.080
Nathan, congrats, Nathan.

584
00:38:51.080 --> 00:38:52.000
That's awesome.

585
00:38:52.000 --> 00:38:52.800
That's awesome.

586
00:38:52.800 --> 00:38:55.840
So Nathan, I'm going to email that to you later tonight,

587
00:38:55.840 --> 00:38:56.960
OK?

588
00:38:56.960 --> 00:38:58.480
So you have that.

589
00:38:58.480 --> 00:39:00.680
And you can use it on whatever you want, obviously.

590
00:39:00.680 --> 00:39:03.600
So all right, so now what I want to do

591
00:39:03.600 --> 00:39:08.160
is take a few minutes and show you guys the United States

592
00:39:08.160 --> 00:39:11.720
Patent and Trademark Office website, OK?

593
00:39:11.720 --> 00:39:13.360
I'm going to show you it at a top level,

594
00:39:13.360 --> 00:39:15.160
and then we'll kind of dig in a little more.

595
00:39:15.160 --> 00:39:16.760
But I want to give you a little tool

596
00:39:16.760 --> 00:39:21.560
that you can play around with while you're at home.

597
00:39:21.560 --> 00:39:23.480
And it costs you nothing.

598
00:39:23.480 --> 00:39:27.240
That's the beauty of this.

599
00:39:27.240 --> 00:39:31.720
All right, so if you go to USPTO.gov,

600
00:39:31.720 --> 00:39:34.400
I'll drop the link, copy, paste.

601
00:39:37.720 --> 00:39:38.880
Paste.

602
00:39:38.880 --> 00:39:39.400
There you go.

603
00:39:39.400 --> 00:39:42.840
That's the link right there.

604
00:39:42.840 --> 00:39:44.240
I'm going to share my screen.

605
00:39:46.760 --> 00:39:50.000
OK, this is the United States Patent and Trademark Office

606
00:39:50.000 --> 00:39:50.520
website.

607
00:39:50.520 --> 00:39:54.440
We're going to be referring to this a few times this week.

608
00:39:54.440 --> 00:39:57.880
All right, I just wanted to show you around it a little bit.

609
00:39:57.880 --> 00:40:01.120
And then I'll explain a little bit more on trademarks.

610
00:40:00.000 --> 00:40:02.800
Then in VIP, we're going to dig in deeper there as well.

611
00:40:02.800 --> 00:40:04.800
So, okay.

612
00:40:04.800 --> 00:40:06.920
You see right here, the word trademarks, right?

613
00:40:06.920 --> 00:40:08.740
If you hover over that,

614
00:40:10.400 --> 00:40:13.800
then right over here, you see searching trademarks.

615
00:40:13.800 --> 00:40:14.720
Click on that.

616
00:40:15.700 --> 00:40:17.720
Now, the button over here that says

617
00:40:17.720 --> 00:40:19.120
search our trademark database,

618
00:40:19.120 --> 00:40:22.040
it's the same thing as the words over here.

619
00:40:22.040 --> 00:40:23.560
So don't try to figure out,

620
00:40:23.560 --> 00:40:24.520
I don't know which one to push.

621
00:40:24.520 --> 00:40:26.640
Doesn't matter, they do the same thing.

622
00:40:26.680 --> 00:40:30.680
Now, three options open for a trademark search.

623
00:40:30.680 --> 00:40:34.520
Basic word search, word or design mark search,

624
00:40:34.520 --> 00:40:37.360
and then word or design mark search in free form.

625
00:40:37.360 --> 00:40:40.720
Now, this third one here, I would not touch

626
00:40:40.720 --> 00:40:42.880
unless you're really familiar with like,

627
00:40:43.960 --> 00:40:48.960
gosh, Boolean searches and kind of using Boolean logic.

628
00:40:48.960 --> 00:40:50.200
If you're not familiar with that,

629
00:40:50.200 --> 00:40:51.540
I wouldn't bother with that.

630
00:40:51.540 --> 00:40:53.160
I would use one of the top two.

631
00:40:53.160 --> 00:40:55.640
The one that I strongly suggest you use

632
00:40:55.640 --> 00:40:58.080
and the one that we're gonna talk more about tomorrow

633
00:40:58.080 --> 00:41:01.320
is the second one here, all right?

634
00:41:01.320 --> 00:41:05.960
This search here, to me,

635
00:41:05.960 --> 00:41:10.080
it would be the best for you to do a top level search.

636
00:41:10.080 --> 00:41:11.520
Like, and what I mean by top level,

637
00:41:11.520 --> 00:41:15.680
I mean, you would use this to knock out

638
00:41:15.680 --> 00:41:18.800
multiple candidate trademark applications.

639
00:41:18.800 --> 00:41:21.640
So let's say you're thinking of five different names.

640
00:41:21.640 --> 00:41:24.600
You can actually look up each name here for free.

641
00:41:24.600 --> 00:41:26.460
So let's say I'm looking up the name,

642
00:41:27.560 --> 00:41:32.560
let's say like, let's see, Knight, Knight, Knight, Knight,

643
00:41:38.440 --> 00:41:39.960
Niter, how about Niter?

644
00:41:39.960 --> 00:41:40.960
There you go.

645
00:41:40.960 --> 00:41:44.280
So it doesn't even spell right, so I just typed in Niter.

646
00:41:44.280 --> 00:41:47.400
And then let's say I just did a search for that alone.

647
00:41:48.560 --> 00:41:50.760
Nobody's ever filed anything for Niter.

648
00:41:52.520 --> 00:41:54.360
Probably good, because it looks really weird.

649
00:41:55.120 --> 00:41:56.960
You could type in your names one by one.

650
00:41:56.960 --> 00:42:00.340
Now, under the fields, you can select different fields.

651
00:42:00.340 --> 00:42:01.920
Tomorrow, we're gonna go into detail

652
00:42:01.920 --> 00:42:04.660
on the different fields so you understand.

653
00:42:04.660 --> 00:42:07.340
A full mark means that it's the entire trademark.

654
00:42:07.340 --> 00:42:10.640
The ones you're likely gonna use are these two here,

655
00:42:10.640 --> 00:42:13.080
a punctuated mark or a non-punctuated mark.

656
00:42:13.080 --> 00:42:15.640
We'll go into this in more detail tomorrow.

657
00:42:15.640 --> 00:42:20.220
So let's say Niter, you're gonna use it for, let's say,

658
00:42:21.120 --> 00:42:23.600
so let's use one that's gonna be more common.

659
00:42:23.600 --> 00:42:25.120
Let's say like Nike.

660
00:42:25.120 --> 00:42:28.040
We'll use Nike, and instead of,

661
00:42:29.000 --> 00:42:31.600
we're gonna select right here for the mark.

662
00:42:31.600 --> 00:42:35.560
It's not punctuated, right, non-punctuated mark.

663
00:42:35.560 --> 00:42:37.360
Punctuated obviously means like hyphen,

664
00:42:37.360 --> 00:42:38.720
exclamation point, stuff like that.

665
00:42:38.720 --> 00:42:42.100
So it's non-punctuated, select that.

666
00:42:42.100 --> 00:42:45.480
And then on the next field, you can describe

667
00:42:45.480 --> 00:42:48.460
like some of the goods that are associated with it.

668
00:42:48.460 --> 00:42:50.960
So let's say I'm gonna use it for computers.

669
00:42:50.960 --> 00:42:53.120
I'll just say for computer.

670
00:42:53.640 --> 00:42:55.440
Then I would come down here and I would say,

671
00:42:55.440 --> 00:42:58.320
those are the goods or services.

672
00:42:58.320 --> 00:42:59.960
I mean, it's really self-explanatory.

673
00:42:59.960 --> 00:43:01.800
We'll spend more time with it tomorrow.

674
00:43:01.800 --> 00:43:05.320
So for the name Nike for computers.

675
00:43:05.320 --> 00:43:08.840
If you do the search like that alone,

676
00:43:08.840 --> 00:43:12.780
every occurrence of the word Nike will pop up

677
00:43:12.780 --> 00:43:16.440
and every occurrence of the word computer for goods.

678
00:43:16.440 --> 00:43:17.820
You don't want that.

679
00:43:17.820 --> 00:43:20.280
You want the name Nike for computers.

680
00:43:20.280 --> 00:43:22.680
So instead of being or as the operator,

681
00:43:23.240 --> 00:43:25.080
you're gonna change it to and,

682
00:43:25.080 --> 00:43:26.480
and then you submit a query.

683
00:43:27.360 --> 00:43:29.080
And when you do that,

684
00:43:29.080 --> 00:43:31.880
you see a bunch of different trademarks pop up.

685
00:43:31.880 --> 00:43:35.440
When you select them, you see,

686
00:43:35.440 --> 00:43:37.920
oh, there's the word computer.

687
00:43:37.920 --> 00:43:40.240
Who actually knew that Nike owned

688
00:43:40.240 --> 00:43:42.120
the trademark for computers?

689
00:43:44.120 --> 00:43:46.200
See, this is how you actually do,

690
00:43:46.200 --> 00:43:49.440
you can do a search for free on your own, all right?

691
00:43:49.440 --> 00:43:51.800
Now tomorrow, again, we're gonna dig in more detail,

692
00:43:51.800 --> 00:43:54.120
but tonight I wanted to give you a little tool

693
00:43:54.120 --> 00:43:56.840
that you could play around with on your own, okay?

694
00:43:56.840 --> 00:43:58.260
Just to kind of look at it.

695
00:43:58.260 --> 00:43:59.640
I'll share it with you one more time.

696
00:43:59.640 --> 00:44:01.960
Somebody says, I didn't see the or, and.

697
00:44:01.960 --> 00:44:03.520
All right, let me show you that.

698
00:44:05.320 --> 00:44:07.260
I'm gonna go back on my screen.

699
00:44:08.520 --> 00:44:10.360
It's all the way over here.

700
00:44:10.360 --> 00:44:12.480
It says operator.

701
00:44:12.480 --> 00:44:13.680
Can you guys see that?

702
00:44:15.000 --> 00:44:18.080
Or so on the operator there, make sure that says, and.

703
00:44:19.080 --> 00:44:22.320
Now what happens is you look up the name

704
00:44:22.320 --> 00:44:25.000
and you can put down the kind of goods that are similar.

705
00:44:25.000 --> 00:44:27.480
Now, the tricky thing with trademark searching though,

706
00:44:27.480 --> 00:44:30.680
is you gotta be careful because what if

707
00:44:32.040 --> 00:44:33.640
nothing popped up for Nike,

708
00:44:33.640 --> 00:44:37.720
but somebody has a trademark for N-I-K-E-Y?

709
00:44:39.080 --> 00:44:42.540
If somebody does own that, see like, here's a good example.

710
00:44:42.540 --> 00:44:47.540
If I search for Nike for computers with N-I-K-E-Y,

711
00:44:48.400 --> 00:44:51.020
look what happens, there's no trademarks.

712
00:44:53.320 --> 00:44:55.760
But if I get rid of that Y,

713
00:44:57.220 --> 00:44:58.800
now there's a bunch of trademarks.

714
00:44:58.800 --> 00:44:59.720
Do you see that?

715
00:45:00.000 --> 00:45:04.980
Okay, what I just showed you is the importance

716
00:45:04.980 --> 00:45:08.020
of doing a trademark search properly.

717
00:45:09.300 --> 00:45:11.660
You may believe there's no trademark infringement

718
00:45:11.660 --> 00:45:14.820
and you may walk into trademark infringement, okay?

719
00:45:14.820 --> 00:45:17.220
So this is why I'm telling you just kind of

720
00:45:17.220 --> 00:45:21.820
at a top level today, what I'm showing you here

721
00:45:21.820 --> 00:45:24.660
is a tool that you can use yourself,

722
00:45:24.660 --> 00:45:27.020
but it's a top level search.

723
00:45:27.020 --> 00:45:28.860
You wanna get professional searchers.

724
00:45:28.860 --> 00:45:31.100
After you break down from let's say

725
00:45:31.100 --> 00:45:34.720
five potential trademarks down to like two,

726
00:45:34.720 --> 00:45:36.580
then you should give those two

727
00:45:36.580 --> 00:45:40.300
to somebody who knows what they're doing, all right?

728
00:45:40.300 --> 00:45:41.980
But here's the thing,

729
00:45:41.980 --> 00:45:45.420
you're not spending the money on five searches.

730
00:45:45.420 --> 00:45:47.840
You're now spending the money on two.

731
00:45:47.840 --> 00:45:50.260
So the tools that you've learned here

732
00:45:50.260 --> 00:45:54.540
will decrease the amount of work that you request later.

733
00:45:54.540 --> 00:45:55.460
Do you get that?

734
00:45:56.300 --> 00:45:58.580
So what I'm trying to show you is

735
00:45:58.580 --> 00:46:00.260
I'm gonna teach you how to do searching.

736
00:46:00.260 --> 00:46:02.100
We're gonna go in way more detail.

737
00:46:02.100 --> 00:46:05.340
I'm gonna train you on like the parts of an application,

738
00:46:05.340 --> 00:46:07.220
but what you're learning should be

739
00:46:07.220 --> 00:46:11.700
to decrease the amount of money that you spend,

740
00:46:11.700 --> 00:46:13.780
not to alleviate the use of people

741
00:46:13.780 --> 00:46:15.500
that know what they're doing, okay?

742
00:46:15.500 --> 00:46:18.020
It should decrease it, okay?

743
00:46:19.140 --> 00:46:20.820
All right, let me go back a little bit

744
00:46:20.820 --> 00:46:22.660
and talk a little bit more about trademarks.

745
00:46:22.660 --> 00:46:24.860
Let me actually look at some of the questions.

746
00:46:24.860 --> 00:46:27.300
But I get in trouble using the why

747
00:46:27.340 --> 00:46:29.740
because it sounds like it.

748
00:46:29.740 --> 00:46:32.900
Come on, D, that is a great question.

749
00:46:32.900 --> 00:46:35.940
The answer is yes, yeah.

750
00:46:35.940 --> 00:46:37.140
And we're gonna be going into that

751
00:46:37.140 --> 00:46:38.600
in a lot of detail tomorrow.

752
00:46:38.600 --> 00:46:42.440
How do you determine trademark infringement, okay?

753
00:46:42.440 --> 00:46:45.780
There are nine to 12 factors, all right?

754
00:46:45.780 --> 00:46:48.140
And those factors that you look at,

755
00:46:48.140 --> 00:46:49.220
you'll consider things.

756
00:46:49.220 --> 00:46:50.380
We're gonna go into this tomorrow,

757
00:46:50.380 --> 00:46:52.100
so don't feel like you have to write this

758
00:46:52.100 --> 00:46:54.180
in blistering speed, everyone, okay?

759
00:46:54.180 --> 00:46:57.300
But you look at things like, does it look the same?

760
00:46:57.300 --> 00:46:58.720
Does it sound the same?

761
00:46:58.720 --> 00:47:00.940
Is the cost price similar?

762
00:47:00.940 --> 00:47:03.180
Is the audience similar?

763
00:47:03.180 --> 00:47:06.660
Do you buy them in the same forum, right?

764
00:47:06.660 --> 00:47:11.660
So if you buy, you can't buy Air Jordans for $30,000,

765
00:47:11.860 --> 00:47:13.100
like the high-end sneakers.

766
00:47:13.100 --> 00:47:14.600
You can't buy those at Target.

767
00:47:15.580 --> 00:47:18.700
So the chances of that name Jordan

768
00:47:18.700 --> 00:47:20.980
being on a cheap pair of shoes,

769
00:47:20.980 --> 00:47:24.900
the likelihood of confusion is lower

770
00:47:24.900 --> 00:47:29.500
because nobody's gonna be buying Jordans at Target, you know?

771
00:47:29.500 --> 00:47:31.300
So there's a number of factors

772
00:47:31.300 --> 00:47:32.780
that you actually consider to determine

773
00:47:32.780 --> 00:47:34.460
whether or not there's trademark infringement.

774
00:47:34.460 --> 00:47:36.300
We'll talk about them more tomorrow.

775
00:47:37.620 --> 00:47:40.120
All right, so let me go back and talk a little bit

776
00:47:41.440 --> 00:47:44.580
about one more thing.

777
00:47:44.580 --> 00:47:46.280
Yeah, I think I'll close on this.

778
00:47:46.760 --> 00:47:48.400
I said, let me answer one or two more questions

779
00:47:48.400 --> 00:47:50.320
before I close on this.

780
00:47:50.320 --> 00:47:51.160
Let me see.

781
00:47:51.160 --> 00:47:53.520
So do we need to get our business name trademark

782
00:47:53.520 --> 00:47:57.680
or is there a financial level our business should be at

783
00:47:57.680 --> 00:47:59.120
before we trademark it?

784
00:47:59.120 --> 00:48:01.640
All right, Kathleen asked a really good question.

785
00:48:03.120 --> 00:48:04.960
This is a really good practical question.

786
00:48:04.960 --> 00:48:06.400
So let me go into this.

787
00:48:08.480 --> 00:48:11.960
When do you actually file a trademark application, right?

788
00:48:12.000 --> 00:48:13.600
If you're starting out a company

789
00:48:15.760 --> 00:48:18.200
and you have a name for that company,

790
00:48:18.200 --> 00:48:20.920
I would strongly suggest before you start doing work

791
00:48:20.920 --> 00:48:22.240
on the name of that company,

792
00:48:22.240 --> 00:48:25.240
you do at least a trademark search immediately.

793
00:48:25.240 --> 00:48:26.080
Why?

794
00:48:26.960 --> 00:48:29.320
Because if you start doing business under that name

795
00:48:29.320 --> 00:48:32.240
and somebody else has a federal registration for that name

796
00:48:32.240 --> 00:48:36.280
on similar goods or services, you can get sued, okay?

797
00:48:36.280 --> 00:48:37.520
That's part one.

798
00:48:37.520 --> 00:48:39.720
Part two, you can get sued.

799
00:48:40.120 --> 00:48:41.960
Okay, that's part one.

800
00:48:43.080 --> 00:48:46.600
Part two is you're starting to build up the goodwill

801
00:48:46.600 --> 00:48:48.200
so people get to know who you are.

802
00:48:48.200 --> 00:48:51.620
It'd be great if you had the same name when you're growing.

803
00:48:52.760 --> 00:48:57.760
It's annoying when you start a brand,

804
00:48:57.920 --> 00:49:00.600
like my business is ADE challenges, right?

805
00:49:00.600 --> 00:49:02.840
I own the trademark challenge whispers.

806
00:49:02.840 --> 00:49:04.280
I own a number of other trademarks.

807
00:49:04.280 --> 00:49:05.520
I own protection portal.

808
00:49:05.520 --> 00:49:09.920
I own, I don't know how many domain names, Ray.

809
00:49:09.920 --> 00:49:11.320
We own so many.

810
00:49:11.320 --> 00:49:12.520
I own a lot of domain names.

811
00:49:12.520 --> 00:49:13.720
Maybe a hundred.

812
00:49:13.720 --> 00:49:14.680
Is it about a hundred?

813
00:49:14.680 --> 00:49:16.760
Yeah, it's probably up there, if not more.

814
00:49:17.800 --> 00:49:22.640
So like I own Kingdom Lawyer, right?

815
00:49:22.640 --> 00:49:24.160
I own a bunch of other things like that.

816
00:49:24.160 --> 00:49:27.680
So when you start a business, it's really valuable to say,

817
00:49:27.680 --> 00:49:29.400
okay, well, this is the name I'm going to use

818
00:49:29.400 --> 00:49:31.000
for this business going forward.

819
00:49:31.000 --> 00:49:33.760
Do a search, determine if that's clear.

820
00:49:33.880 --> 00:49:38.360
The search cost for you to do a top level one is free,

821
00:49:39.320 --> 00:49:40.160
right?

822
00:49:40.160 --> 00:49:41.120
It's not costing you anything.

823
00:49:41.120 --> 00:49:43.320
Now that you reduce it down to maybe two things,

824
00:49:43.320 --> 00:49:47.200
you can actually hire a professional searcher

825
00:49:47.200 --> 00:49:51.600
for 500 to like $800 for the project.

826
00:49:51.600 --> 00:49:53.520
And you get the results of that.

827
00:49:53.520 --> 00:49:55.560
Now that you know it's clear,

828
00:49:55.560 --> 00:49:58.960
I would not wait to file a trademark application.

829
00:49:58.960 --> 00:50:00.160
Why am I saying that?

830
00:50:00.000 --> 00:50:04.880
If you start doing business under that name and somebody likes that name, I guarantee

831
00:50:04.880 --> 00:50:08.880
you that they're going to file for the domain name immediately.

832
00:50:08.880 --> 00:50:12.900
And they're going to blackmail you, right, to try to get you to spend money on buying

833
00:50:12.900 --> 00:50:13.900
that domain name.

834
00:50:13.900 --> 00:50:18.780
I mean, look, Pedro Deo, like, love him like a brother.

835
00:50:18.780 --> 00:50:22.840
He announced the name of something at one of the conferences and somebody in that room

836
00:50:22.840 --> 00:50:26.420
bought the domain name.

837
00:50:26.420 --> 00:50:28.200
In the room.

838
00:50:28.200 --> 00:50:30.120
Are you kidding me?

839
00:50:30.120 --> 00:50:32.760
Like that's the guy who's training you.

840
00:50:32.760 --> 00:50:33.760
Are you kidding me?

841
00:50:33.760 --> 00:50:35.400
Like, you don't do that.

842
00:50:35.400 --> 00:50:40.460
So if if they would do that, their chances are very high that they would do it for you.

843
00:50:40.460 --> 00:50:47.560
So don't don't go out there letting people know about these great names that you have.

844
00:50:47.560 --> 00:50:50.920
Kathy asked, what does it cost to file trademark application?

845
00:50:50.920 --> 00:50:52.560
Good question.

846
00:50:52.560 --> 00:50:58.640
If you use what I am training you in these next five days, your cost should be low.

847
00:50:58.640 --> 00:50:59.640
Why?

848
00:50:59.640 --> 00:51:02.880
You're going to know all the components of a trademark application.

849
00:51:02.880 --> 00:51:06.600
You're going to be able to get them all together and you're going to be able to give them to

850
00:51:06.600 --> 00:51:08.360
your attorney.

851
00:51:08.360 --> 00:51:14.320
Typically, as an attorney, the place where I spend the most time is trying to get you

852
00:51:14.320 --> 00:51:17.880
to understand what I need.

853
00:51:17.880 --> 00:51:19.600
That's where I spend the most time.

854
00:51:19.640 --> 00:51:20.640
And here's the thing.

855
00:51:20.640 --> 00:51:23.640
We as attorneys.

856
00:51:23.640 --> 00:51:25.760
We don't sell products.

857
00:51:25.760 --> 00:51:27.880
We sell time.

858
00:51:27.880 --> 00:51:33.400
So the more time that I'm speaking to Mandy saying, no, Mandy, this the specification

859
00:51:33.400 --> 00:51:39.760
that like the the specimen that we need, it needs to actually show for your services your

860
00:51:39.760 --> 00:51:42.520
it needs to show your services on the website.

861
00:51:42.520 --> 00:51:46.520
You can't just show me a picture of a receipt or you can't show me a business card or, you

862
00:51:46.520 --> 00:51:49.320
know, or your website's not showing the services.

863
00:51:50.040 --> 00:51:53.920
Every time I'm telling her that, ka-ching, ka-ching, ka-ching, ka-ching, like I'm making

864
00:51:53.920 --> 00:51:59.120
money for just explaining these things that you're learning right now.

865
00:51:59.120 --> 00:52:03.360
So if it is the case that you learn all these things, then you should be able to provide

866
00:52:03.360 --> 00:52:05.880
a complete package to your attorney.

867
00:52:05.880 --> 00:52:09.560
Your attorney should then be able to look at it and go, OK, there's this, there's this,

868
00:52:09.560 --> 00:52:10.560
there's this, there's this.

869
00:52:10.560 --> 00:52:11.560
Yep.

870
00:52:11.560 --> 00:52:12.560
That specimen does work.

871
00:52:12.560 --> 00:52:14.740
That recitation of services does work.

872
00:52:14.740 --> 00:52:16.160
Give it to their paralegal.

873
00:52:16.160 --> 00:52:18.280
Paralegal puts it together, files it.

874
00:52:18.280 --> 00:52:21.920
Now the attorney or puts it, puts actually the electronic filing together, sends it to

875
00:52:21.920 --> 00:52:22.920
the attorney.

876
00:52:22.920 --> 00:52:25.440
Attorney looks it over, says, yep, that's good.

877
00:52:25.440 --> 00:52:29.040
Should cost you like 500 to 800 bucks.

878
00:52:29.040 --> 00:52:30.040
That's it.

879
00:52:30.040 --> 00:52:33.760
You should not be spending $2,000 for a trademark application.

880
00:52:33.760 --> 00:52:35.600
And most people are.

881
00:52:35.600 --> 00:52:39.760
There's no reason for that, as long as you understand what's necessary for this.

882
00:52:39.760 --> 00:52:41.240
Is this helping you guys?

883
00:52:41.240 --> 00:52:42.240
Yeah.

884
00:52:42.240 --> 00:52:43.240
OK, good.

885
00:52:43.240 --> 00:52:48.160
So you should understand that if you know all the components of a trademark application,

886
00:52:49.040 --> 00:52:53.200
your costs should be like half of what it normally costs, because that means the attorney

887
00:52:53.200 --> 00:52:56.000
is not doing that work and you're not paying that money.

888
00:52:56.000 --> 00:52:57.000
All right.

889
00:52:57.000 --> 00:52:59.960
Makes your life a lot easier.

890
00:52:59.960 --> 00:53:03.000
Do I need a domain matching my trademark?

891
00:53:03.000 --> 00:53:05.560
I'm going to answer this because I love this question.

892
00:53:05.560 --> 00:53:06.560
OK.

893
00:53:06.560 --> 00:53:10.680
This is a really good question.

894
00:53:10.680 --> 00:53:15.280
I'm going to tell you something here that a lot of you may not know.

895
00:53:15.280 --> 00:53:20.160
If you're not ready to buy a domain name, don't search for it.

896
00:53:20.160 --> 00:53:24.880
OK, I see a lot of people looking at me like, what?

897
00:53:24.880 --> 00:53:25.880
All right.

898
00:53:25.880 --> 00:53:34.600
Now, a lot of the Web sites where you search for domain names, they have an engine that

899
00:53:34.600 --> 00:53:40.240
lets them know whether somebody is interested in that domain name.

900
00:53:40.240 --> 00:53:44.360
So when you go on the domain name and you search for the domain name, but you don't

901
00:53:44.440 --> 00:53:47.280
buy it immediately, they now know that there's an interest.

902
00:53:47.280 --> 00:53:51.200
Well, what do you think is going to happen if multiple people are interested?

903
00:53:51.200 --> 00:53:52.200
Exactly.

904
00:53:52.200 --> 00:53:55.160
The multiple people are interested.

905
00:53:55.160 --> 00:53:56.160
What happens?

906
00:53:56.160 --> 00:53:57.680
You start searching for that thing again.

907
00:53:57.680 --> 00:54:03.420
The price is going up and you're like, but two days ago it was 895 on Namecheap.

908
00:54:03.420 --> 00:54:08.280
Why is it like two hundred and seventy dollars today?

909
00:54:08.280 --> 00:54:09.680
Because you searched it.

910
00:54:09.680 --> 00:54:11.200
That's why.

911
00:54:11.200 --> 00:54:16.000
So what I'm telling you is this is the sequence that I would do.

912
00:54:16.000 --> 00:54:18.160
I would do your trademark search.

913
00:54:18.160 --> 00:54:20.720
I would determine if it's clear.

914
00:54:20.720 --> 00:54:26.000
If it's clear, then the next thing that I would do is file a trademark application.

915
00:54:26.000 --> 00:54:27.000
Right.

916
00:54:27.000 --> 00:54:32.920
But as I'm doing that, I would also at the time of doing the search for the trademark,

917
00:54:32.920 --> 00:54:36.760
when I find out that it's clear, I would go by the domain name.

918
00:54:36.760 --> 00:54:38.480
That's what I would do.

919
00:54:38.480 --> 00:54:40.380
I wouldn't wait for anything.

920
00:54:40.560 --> 00:54:43.380
The second I know that it's clear, I'd buy the domain name.

921
00:54:43.380 --> 00:54:48.260
I personally would not buy a domain name if it's not clear.

922
00:54:48.260 --> 00:54:50.060
Why would you do that?

923
00:54:50.060 --> 00:54:53.780
There's actually an area of the law that most people don't know about.

924
00:54:53.780 --> 00:54:55.940
It's under ICANN.

925
00:54:55.940 --> 00:54:59.380
And the way that it works, ICANN.

926
00:55:00.000 --> 00:55:03.740
It's called a domain name dispute policy.

927
00:55:03.740 --> 00:55:08.820
If you have a domain name for the exact trademark

928
00:55:08.820 --> 00:55:11.980
that somebody else has a federal registration for,

929
00:55:11.980 --> 00:55:18.100
they can file a complaint against you through ICANN.

930
00:55:18.100 --> 00:55:20.220
It's called a domain name dispute.

931
00:55:20.220 --> 00:55:21.660
They spend a good amount of money,

932
00:55:21.660 --> 00:55:26.380
and they can actually take that domain name away from you.

933
00:55:26.380 --> 00:55:28.820
So don't think to yourself, oh, man,

934
00:55:28.820 --> 00:55:33.020
I can buy Nike.com, not if you're showing sneakers

935
00:55:33.020 --> 00:55:35.020
on your website.

936
00:55:35.020 --> 00:55:39.380
Now, if you're showing pictures of deer, yeah, go ahead,

937
00:55:39.380 --> 00:55:42.780
or pictures of your kids, or pictures of yourself

938
00:55:42.780 --> 00:55:44.740
shoveling snow six months of the year,

939
00:55:44.740 --> 00:55:46.780
which is going to happen very soon because I'm in New

940
00:55:46.780 --> 00:55:47.660
Hampshire.

941
00:55:47.660 --> 00:55:49.180
Sorry, I'm going through withdrawals.

942
00:55:49.180 --> 00:55:51.140
So I just had an emotional moment.

943
00:55:51.140 --> 00:55:51.780
Sorry.

944
00:55:51.780 --> 00:55:56.140
So if that's the case, then you're OK.

945
00:55:56.180 --> 00:56:00.500
But you cannot show sneakers because now Nike

946
00:56:00.500 --> 00:56:03.060
will file a domain name dispute against you

947
00:56:03.060 --> 00:56:08.860
and get you to literally give that domain name to them.

948
00:56:08.860 --> 00:56:10.020
Come to Nevada, Peter.

949
00:56:10.020 --> 00:56:13.780
Yeah, I know, D. Oh, it goes for a long time.

950
00:56:13.780 --> 00:56:17.060
I'm going to cover one more question,

951
00:56:17.060 --> 00:56:19.060
and then I think we're going to close here.

952
00:56:19.060 --> 00:56:21.260
We covered a lot of material for day one.

953
00:56:21.260 --> 00:56:24.460
I try not to overwhelm you on day one.

954
00:56:24.460 --> 00:56:27.580
Just kind of touch base on a number of different things.

955
00:56:27.580 --> 00:56:32.220
Abram asks, can only attorneys file trademarks?

956
00:56:32.220 --> 00:56:34.700
That is a beautiful question right there.

957
00:56:34.700 --> 00:56:35.500
All right.

958
00:56:35.500 --> 00:56:38.860
Abram, that's a great question.

959
00:56:38.860 --> 00:56:40.220
The answer is no.

960
00:56:40.220 --> 00:56:43.740
Anybody can file trademark applications.

961
00:56:43.740 --> 00:56:44.660
All right.

962
00:56:44.660 --> 00:56:47.780
You do not have to be an attorney

963
00:56:47.780 --> 00:56:50.940
to file a trademark application, OK?

964
00:56:50.940 --> 00:56:54.620
But what I'm going to strongly suggest

965
00:56:54.620 --> 00:56:57.420
is if you never filed a trademark application before,

966
00:56:57.420 --> 00:56:59.500
don't try it on your own.

967
00:56:59.500 --> 00:57:00.620
Why?

968
00:57:00.620 --> 00:57:06.020
Because if you make a mistake, many times you can't fix it.

969
00:57:06.020 --> 00:57:08.180
Many times you can't fix it.

970
00:57:08.180 --> 00:57:09.540
Now, what do I mean by that?

971
00:57:09.540 --> 00:57:14.900
Let's say you file a trademark application for whatever it is.

972
00:57:14.900 --> 00:57:16.300
And in the recitation of goods, you

973
00:57:16.300 --> 00:57:23.060
say this is for wallets, for cell phone holders, and for,

974
00:57:23.060 --> 00:57:28.260
let's say, like, I don't know, for cup holders.

975
00:57:28.260 --> 00:57:30.860
That name's used for wallets, cell phone

976
00:57:30.860 --> 00:57:33.340
holders, and cup holders, right?

977
00:57:33.340 --> 00:57:36.260
And you think to yourself, oh, I forgot.

978
00:57:36.260 --> 00:57:38.300
I'm also using this for luggage tags.

979
00:57:38.300 --> 00:57:39.460
I totally forgot.

980
00:57:39.460 --> 00:57:41.580
You can't add it.

981
00:57:41.580 --> 00:57:44.220
After you file it, you can't add it.

982
00:57:44.220 --> 00:57:48.060
Separate from that, if you file your application

983
00:57:48.060 --> 00:57:52.420
and the name was misspelled, you can't fix it.

984
00:57:52.420 --> 00:57:54.460
Because it asks you all these questions

985
00:57:54.460 --> 00:57:56.540
to make sure the material is correct.

986
00:57:56.540 --> 00:57:59.300
So you can't go back and now change the trademark.

987
00:57:59.300 --> 00:58:02.860
You've got to file a whole new application, OK?

988
00:58:02.860 --> 00:58:04.900
And there's also some other nuances

989
00:58:04.900 --> 00:58:06.620
that have to do with the recitation of goods

990
00:58:06.620 --> 00:58:08.900
and services, which you'll learn about tomorrow.

991
00:58:08.900 --> 00:58:12.460
And VIP, which we're going into in 12 minutes,

992
00:58:12.460 --> 00:58:14.340
I'm going to end in two minutes,

993
00:58:14.340 --> 00:58:16.860
because we had a lot of admin stuff today.

994
00:58:16.860 --> 00:58:20.020
But in VIP, we're going to talk about this in some more detail,

995
00:58:20.020 --> 00:58:21.220
a lot more detail.

996
00:58:21.220 --> 00:58:24.260
But what I would say for you is, at least

997
00:58:24.260 --> 00:58:26.860
for your first and second apps, make

998
00:58:26.860 --> 00:58:29.220
sure you're using somebody who knows what they're doing.

999
00:58:29.220 --> 00:58:31.380
Because it's so painful if all of a sudden

1000
00:58:31.380 --> 00:58:35.220
you've got to pay all the fees all over.

1001
00:58:35.220 --> 00:58:39.420
And I've had many people come to me because they made mistakes.

1002
00:58:39.460 --> 00:58:43.980
And the problem is somebody else is waiting on the side.

1003
00:58:43.980 --> 00:58:45.780
And then they file before them.

1004
00:58:45.780 --> 00:58:49.340
And now they can't do anything about it,

1005
00:58:49.340 --> 00:58:50.580
which is really unfortunate.

1006
00:58:50.580 --> 00:58:53.460
So I'm going to stop there today.

1007
00:58:53.460 --> 00:58:57.300
I think that's a lot of material for day one.

1008
00:58:57.300 --> 00:58:59.780
That's day one, guys.

1009
00:58:59.780 --> 00:59:01.100
It's day one, all right?

1010
00:59:01.100 --> 00:59:02.420
So is this helping you guys?

1011
00:59:02.420 --> 00:59:03.460
You guys good?

1012
00:59:03.460 --> 00:59:04.180
Yeah?

1013
00:59:04.180 --> 00:59:05.380
OK, great.

1014
00:59:05.380 --> 00:59:07.900
Now, I changed the time intentionally.

1015
00:59:07.900 --> 00:59:10.980
I made it at nighttime for you guys

1016
00:59:10.980 --> 00:59:14.740
because I used to have this at 12 o'clock during the day.

1017
00:59:14.740 --> 00:59:16.620
And a lot of people were having trouble

1018
00:59:16.620 --> 00:59:18.820
because they were working.

1019
00:59:18.820 --> 00:59:21.620
And so I decided to make it at 7 PM.

1020
00:59:21.620 --> 00:59:25.820
So hopefully, this helps your schedules a lot more

1021
00:59:25.820 --> 00:59:28.300
than in the middle of the day.

1022
00:59:28.300 --> 00:59:31.180
And so separate from that, if you're in VIP,

1023
00:59:31.180 --> 00:59:35.380
again, we're going to be going there in 10 minutes.

1024
00:59:35.380 --> 00:59:38.660
If you haven't registered for it, I would highly suggest it.

1025
00:59:38.660 --> 00:59:41.100
You'll find out why when you get there.

1026
00:59:41.100 --> 00:59:43.020
And then separate from that, if you are in VIP,

1027
00:59:43.020 --> 00:59:44.420
you can email me your questions.

1028
00:59:44.420 --> 00:59:47.580
You can email them to support at, Ray,

1029
00:59:47.580 --> 00:59:49.020
can you type in the email?

1030
00:59:49.020 --> 00:59:52.460
So it's support at elite-challenges.com.

1031
00:59:52.460 --> 00:59:53.740
Yep, I'll send it in.

1032
00:59:53.740 --> 00:59:55.060
OK, great.

1033
00:59:55.060 --> 00:59:57.180
And with that, I'm going to jump off.

1034
00:59:57.180 --> 00:59:58.420
Larissa is going to finish.

1035
00:59:58.420 --> 01:00:00.620
She's probably going to ask you a question or two.

1036
01:00:00.000 --> 01:00:04.360
do. And then I will see you guys over in VIP. And if you're not

1037
01:00:04.360 --> 01:00:08.720
there, I'll see you tomorrow. Same time. Okay. All right,

1038
01:00:08.720 --> 01:00:10.600
catch up with you guys later. I'm going to jump off
