So, unfortunately, I wasn't able to make it live yesterday, but definitely learned a lot
there.
The intent to use the trademark application, right, so I thought that was very interesting.
And you know, when to possibly use that, and that it could be extended up to three years,
right?
As well as the, you know, not using, or I think you mentioned the interstate commerce
of when you could use the trademark.
So that was just something that was interesting for me that I did not know, so that's what
I learned.
Fantastic, thank you for sharing.
And let's see, Dave Hall, I'm going to get you spotlighted, and I'm going to ask you
to unmute.
Good to see you.
Thank you.
Yeah, yesterday was super helpful, the trademark, I think it was Sean just mentioned, just to,
that you can stick that next to someone to alert the public that you're, you mean business.
Being a part of the VIP and actually being able to ask Peter questions about what I'm
working on was super helpful and walking through the trademark search and which fields I needed
to look in allowed me to hop on after the call and got my website set up for find your
higher power.org.
And that's one step closer to the challenge.
So yeah, super helpful, really encourage anyone that hasn't done the VIP to think about that
because gosh, you know, 600 bucks an hour and I get to like interact with them and ask
them questions and have, yeah, it was super, super helpful.
Thank you.
We're so glad that you were with us.
It was super valuable.
And we didn't pay him to say that.
Anthony, let me get you spotlighted here and you can give us your takeaway.
I'm going to ask you to unmute and ignore my dog in the background.
Yeah, I think for me, can you hear me?
You guys can hear me?
Yes, we can hear you.
Okay.
Yeah.
I think for me, one of the things that was really helpful, and I don't know if he mentioned,
you know, it was an intentional thing, but he was talking about Facebook and how, you
know, when you have your Zoom, how it pulls into Facebook or you can set it up that way.
And it was helpful to know that your copyrights pertaining to Facebook, they have rights over
your material when you put it on Facebook.
So for me, that was like super helpful and just kind of gave me a whole different perspective
of how I need to structure it from a business perspective.
So you know, and I was kind of surprised that a lot of the people that are doing funnels
and all the other things, how they just put stuff on Facebook all the time.
And I don't know if they don't realize that that's no longer, well, it is theirs, but
it's also owned, I suppose, in part by Facebook, right?
Is that the way I understood it?
Even those terms and conditions of Facebook, they hold a certain right when you do share
things there.
And I'm not the lawyer and I don't play one on Zoom, but I've been here enough to know
that no, like, you know, they do have that written in and, you know, those nasty old
things that lawyers love to get paid to write long, long, long terms and conditions.
How many of us just click the I agree and go forward?
We didn't know that, but it pertains to so many stuff.
So that is a great takeaway.
Peter, do we have time for one more?
I don't see him interrupting.
He usually interrupts me when it's time to start.
Go ahead.
Take one more.
Go ahead.
All right.
Ben's got one.
So thank you, Anthony.
Let me get you highlighted, Ben.
And I'll ask you to unmute and give us your golden nugget from yesterday.
It's so good to be here.
I, man, I'm just kind of having my eyes open to, like, I've been living in unconscious
and confidence, man.
I just don't even know what I don't know.
Somebody told me once that that's what kills me.
So, I mean, I'm thankful like that.
The sheet that you shared yesterday with all of the different areas of intellectual property
law was pretty eye opening.
I mean, I'm in construction.
Our name is K Construction.
You know, but the idea that someone could come in and and kind of co-opt all of the work that we've done, you know, over 25 years to build a reputation and and a logo and and hold us hostage that that that idea was sort of got my attention, maybe I should.
i'm thankful for the wide range of of coverage that you're that we're going to learn here so sad to be apart.
yeah that's great that's great but it's good to see you here too, but it's good to see you man um yeah so welcome the day to you guys good takeaways we're going to be going even deeper today i'm i'm actually in my office at my law firm and i'm actually going to change the settings on my.
On my computer so the fans, not so loud and there it goes now to be quiet.
yep there it goes I can't hear it anymore okay good so my office is really very techie there's like widescreen TVs there's cameras lighting three screens here mics and it's very techie because, as my wife will tell you i'm a complete geek so.
It lets me come to my office and set up and work with you guys, so that I don't have to leave, which is really nice so.
Today we're going to be going deeper into trademarks, but there were a few things that people asked about yesterday.
That I thought were really interesting, so I wanted to maybe jump in a little bit more there first.
Before I go into like what are the elements of trademark infringement, how do you get a trademark attorney, you know how long the trademarks last what if somebody actually takes your.
Actually takes your trademark and puts it in a domain name like, can you do anything about that right, did you guys actually know that there's a thing called the domain name dispute policy.
it's run by ICANN and what you can actually do is, if you own a specific trademark and somebody else files for a domain name for the exact same trademark that you have a federal registration for you can actually stop them from using that exact same domain name.
Through what's called ICANN right it's called a domain name dispute policy and you can actually file a claim against them and make them surrender.
The rights to the domain name that's pretty powerful, I have a client of mine who actually makes certain product or making it out of China.
A company in China actually bought the domain name for the exact trademark that they use on their product and they actually started advertising products.
That were similar to theirs on their web on the domain name, so I actually got the company not only stopped selling products, but also I shut down the domain name and had it given to my client.
All right, it's called the domain name dispute policy very powerful guys very powerful, because the reason why trademarks are so great is that.
trademarks allow people to just hear a name or see a logo and be drawn to you so you'll spend like 10s of thousands of hundreds of thousands of dollars building up a name.
And then imagine if a competitor just comes in and uses that exact name and you do nothing about it, they just take your market share.
They could just grab your market share and I promised somebody here that I would walk through a scenario with them.
With all of you, because I walked through it with them and they got they went oh my gosh I never knew that, can you do, I did have with them a VIP and so they asked if I could do that here, so everybody can understand this so.
Why am I so passionate about this, let me explain to you what what I mean all right um.
If you started using let's say the name ABC company and then you're two years down the road and somebody sends you a cease and desist letter like like you might actually think well okay who cares I just change the name.
Let me explain to you what that means all right just changing a name what just changing a name means is changing your website changing your materials they're out in the public pulling products from the shelves.
In most situations, they want you to pull it and change the packaging for any products or any any software that's being sold or any programs that are being sold, they want you to pull it and change the packaging.
pull it from the public right that includes not just reaching out to your distributors, but that means going into Google going into every other searching database and trying to get your.
your ads getting any of the search results that are associated with you
removed because that other party is saying that you're
getting a commercial gain from what belongs to them.
So now that you've pulled that, you also have to come up with a new name
very fast and one that's going to be effective. So if you thought it was hard
for you to come up with the first name, think about how hard it is now to come
up with a second name when there's a gun literally at your head saying change
your name now or I'm going to sue you or saying change
your name now or you know the complaint that I file
against you is going to be served upon you
and now you got 45 days to file an answer you know or appear in federal
district court. Like these things happen very fast. So this is why I'm so
passionate about making sure that you guys understand this
that you're using a name that actually you can use or a logo that you can use
because I've seen the opposite. There's a lot of people in a number of networks
that I'm involved in and even in the private network that I
told you all about yesterday that have spent over a hundred thousand
dollars rebranded and paying off attorneys and in legal
fees just because they didn't do a trademark search. Guys and I showed you
how to do one for free. All right so this is why I'm trying to
explain these things to you. All right another thing, how long do
trademarks last? Type in the chat how long you think a
trademark lasts.
Just want to see what you think on that.
10 years. Tanya says 10 years. Anybody else? Don't be don't be shy you
guys. I don't care if you get it wrong. It's
not gonna hurt my feelings. This is we're all here to learn
together and have fun forever lifetime. Yeah that's it exactly
until the company closes. Yeah 20 years. All right so a trademark has
the potential of lasting forever but you have to renew it. Okay so if
you have a federally registered trademark remember
the five-year mark the 10-year mark you have to look at things for like renewals.
There's a thing that you can follow section 8 or section 9 or section 11.
There's all these different things for renewals
that are available. You can actually make your trademark uncontestable
so nobody can challenge your trademark after 10 years of continuous use.
Like there's a lot of powerful things you can do so mention that to your
lawyers. If you already have a trademark and it's been more than 10 years ask
your lawyer about filing a notice of incontestability with the
United States Patent and Trademark Office so that your trademark
can't be challenged. All right it's very powerful. So all of
my clients I follow up for all of my clients
because then if somebody wants to challenge them it's going to be very
difficult for them to harm my own client's trademarks.
How do you actually find a trademark attorney?
Please don't go on google and type up trademark attorney.
All right this is bad idea guys. This is such a bad idea. I've seen all
the commercials. It's kind of scary. I've seen the
caveman with the wheel for the patents things. I've seen you
know the invention hotline. There's some scary
stuff out there. Now people think well you know it's not a big deal and they
said they'll charge me only $250. Well I can tell you you definitely get
what you paid for because probably 20% of the clients I have
have come to me because they've used some of those other entities
and they need to fix problems. But with trademarks
you cannot. I'm going to show you the parts of a trademark application today
but once you file your application you can't modify what's called your goods or
services. You can't modify it but you can't make
it broader. So let's say Sean is selling sneakers
wallets and keychains right and so and he's using the name
I don't know driven d-r-i-v-n and he's using that for sneakers
wallets and keychains right driven okay and cool name d-r-v-n
looks really cool right people are buying stuff but then he goes
oh man I've got these what do you call them
uh these the cell phone holders right these holders here I sell those too
I want to use driven on those too but he already filed the trademark
application you can't add another good to it
once it's filed it's filed so why am I telling you this you've got
to be absolutely sure
When you follow your trademark application that everything that you are going to use it for is included.
Okay, so if you're following an intent to use application. And guys, this is gold. What I'm about to show you here. If you're following an intent to use trademark application.
Well, Ray, you said my audio is in and out.
Yeah, your audio. I don't know if it's a for everybody else a little fuzzy and it's really echoey so
You guys
Is it your microphone.
No, it's, is it fine. Anthony, does it sound good? Michelle, does it sound good?
Okay, just making sure because I also got a message from someone else that they were having echo issues.
Let me bring the mic over closer to me. Tell me, how's that? Is that better?
That's a lot clearer. Yeah, much better.
I put it right underneath my nose now. Yeah.
Thanks.
It's right here. So now you guys will make sure you guys hear it. Thanks, Ray. I appreciate it. So yeah, there's going to be a little echoing because my office is very large.
I have a large, I'm very blessed. So I have a large office. So it goes far down that way. And that's my office. And then there's multiple other offices in my office. So, so there's a little bit of an echo. So
When you file your trademark application, please make sure you're aware of all the goods and services that you want to apply for. Okay.
And, and if you're not sure, I'm going to highly encourage you to take that audit offer that we talked about yesterday, because we can figure out every product, every service, when you're going to use them, what international class should be filed. Also, you can figure out. Here's another thing.
If you're falling for wallets, sneakers. Let's say Sean's falling for wallets, sneakers and key chains. Those are three different international classes.
Sneakers are not in the same international class as wallets and that's not in the same international class.
You know, as key chains. So what that means to you as a business owner is that you're filing in three international classes.
And this is answering probably three of your questions here. Three of you have emailed me this question. If you can you file for multiple things in one application. Yes. However,
The more things that you're falling for. If those things don't fall into the same international class.
Then those are different international classes, the United States Patent Trademark Office and every trademark office in the world will charge you an extra fee for every single class that you file in
Okay.
So just remember that if you're falling. So that means you're falling in sneakers as one class key chains. It's another class.
And let's say that like the cell phone holders. It's another class. That's three classes so far, you know, so. And if there's another class that's four classes and the USPTO charges you 250 or $350 per class.
So if you're falling on four different classes, you're getting charged at least $1,000
In the United States Patent Trademark Office fees. Okay. But if you file for multiple things within the same class, they don't charge you more
Did you hear that.
So as an example, class number nine is associated with electronics. So let's say you fall for cell phones, earbuds, software and
I don't know. What's one more thing laptops. That's four different things, but that's all in one class and international class nine for electronics. So you only pay. How much money do you pay type in the chat.
Type in the chat.
If it costs $250 per class.
250 that's it. That's exactly right. So you filed for four different items, but you only paid for one class. That's really important to understand and you're strategizing your filings. Okay, so think of it this way. Now, some of you might be asking, well, hold it.
What if there's certain things that I am using already and there's other things that I'm not using yet.
What do I do then. Well, here's the good news. If you're a VIP
Right after this, we're going to do a live trademark application filing for that exact situation. So I'm going to show you what buttons to press.
What exactly you need to do to do that filing. But in short, basically, the way it works is that you
It will designate certain of those of those items as a 1A filing and other ones as a 1B filing. So that means within the same class, you can designate certain goods as already being used.
And other things is not yet being used their intent to use applications. Do you get it? So you get a one application that it has actual use and intent to use.
That's how you save money right there is how you save money. So let's say Pat is has three different things. Right. Let's see. Pat has three different things.
So now she's got this this training course she's doing. She's got this software app and she's got like some kind of book that's covering it all right.
The book's not done yet. The app's not done yet. But the training materials already done. So she wants to file an international class 41 for education. It's already happening.
So she files that as an actual use as a 1A. But then she takes the court the software app in class nine. She files that as an intent to use.
Right. And then the other thing that's not being done yet, the book, she files that as an intent to use as well. You see, and it's all in one application.
But in that case, the software app is class nine. The education stuff is class 41. So she's paying two fees. So now she's paying $500 to the United States Patent and Trademark Office.
All right. This must be really important to some of you people because because I'm being drawn to talk about this. And in the past, we haven't talked about this.
We haven't gone into this kind of detail. So this must be important to some of you, because I just I keep feeling is this helping you guys.
Yeah. Okay. I see a lot of you. Yeah. So the reason why I'm telling you that is because what I don't want you to do. I just don't want you guys to run into the situation is
You think, well, I'm using it on two things. There's three other things I want to do. Let me find the two things now and later on the three. Don't do that. You just, you just doubled your fees for no reason.
For one application with some of it being actually use some of it being intent to use. Now here's the thing is that
After you file, it's going to take at least nine months to hear from the United States Patent and Trademark Office as to whether or not they're going to allow your case.
How many people here in Canada. Anybody in Canada.
I see Larissa Larissa is the only one. Okay. Well, if anybody ends up filing for trademarks in Canada. It takes three years to get a first office.
Yeah, it takes a little while. Okay.
So Canada takes a long time for you to actually get out of their trademark office United States usually nine months until you get a first office action. And once you get the first office action. It may actually be an allowance. If it's an allowance, you're done.
After your trademarks been allowed. You know what happens. They give you a notice of allowance. Now you've got to wait 30 days
After the 30 days. It's called an opposition period. Basically, that means the public received notice about your application being allowed
And they get 30 days to to attack it if they if they feel moved to attack it under an opposition. If they don't your registration goes through and you're done.
Okay. Now what happens if you file some of your application as actual use and some of the rest of it as intent to use.
The reason why you do that is because hopefully within that nine months, everything becomes actually used
In which case, all you have to do is file a petition to change your intent to use to an actual use and then everything gets allowed
Okay, because remember an intent to use application will not be registered until you actually start using it. Right.
They're not going to give you a registration until you use it. That's why you can continue following these extensions and extensions up to three years of extensions until you actually start using it.
But for your for all intents and purposes, file your, your actual use stuff and your intent to use stuff at the same time.
Okay, that's going to save you a lot of money. All right. Okay, let me jump into. I'm going to do a trademark search live with you guys in VIP yesterday we went into a lot of detail on this. We did some live searches with people
But I want to do one with all of you guys right now. So everybody can just kind of see quickly to use PTO website.
Okay.
I and the good part is I have two screens up now, so I can keep them both up.
And work with you at the same time, so let me share my screen.
There it is.
Okay, can you see the screen here.
You see, if I can move it over here, so I can see, there we go.
All right, can everybody see the USPTO screen?
Yes, okay, good.
All right, so all you do for trademark searches, you go to trademarks,
you go to searching trademarks.
We're on your likelihood of confusion screen.
So you're not seeing it then?
No, it was there, but then it switched.
Okay, got it.
Hold on, let me switch something.
I know what it is, but let me do something here.
On that note, I'm going to send you the link to the prettier version of this.
Yeah, drop that link for everybody, because I want everybody to have a copy of that, okay?
You got it.
All right, can you see the USPTO site now?
Yes.
Yeah, that's because it's running off a screen, number one.
I have a lot of different screens here.
All right, so this one here, now if you go to trademarks,
then you go to searching trademarks.
Do you see that?
What's this, searching trademarks?
Click on that, scroll down, and here are two options.
There's this link here under search trademark database,
or you can click on the button.
You click on the button, and you go over,
you have three different options.
Choose the second one.
Use the second one, all right?
If you use the first one, it's not as good.
The second one, you can select a lot of different fields from here for your trademark.
I would personally use this non-punctuated wordmark option as a field,
then type in whatever the word is, right?
So, Burger King.
You can use quotes if you want the exact word.
Now, you can search like that just for Burger King alone,
in which case you get 62 records, all right?
Does everybody see the record, the result there?
Okay.
But the other thing you can do is come down here
and select a specific international class associated with Burger King.
So, let's say you're looking for like, are there any electronics?
Does Burger King have any registrations for anything that's an electronic?
So, then I would go to international class nine,
and then say and, and submit query.
And apparently, Burger King has a registration, no way, really?
For something that is an electronic.
What is it?
Now, I'm curious.
Burger King used to have a registration for calculators?
No way.
I didn't even know that.
So, Burger King used to have a registration for calculators,
radios, and photographic cameras.
Interesting.
Okay.
Well, I guess that didn't do so well.
So, you see it's canceled, it's gone.
So, but in any case, that's how you can do a really quick search.
Like I said, in VIP, we went through a lot of these different fields one by one
to see what they all mean.
Typically, guys, you can select this non-punctuated mark.
That's one of the best to use.
The other option that is very helpful is you can use goods and services here.
And for goods and services, you just kind of say what the goods are.
So, if you're saying, as an example, sandwiches.
Sandwiches.
Did I spell that right?
I think I spelled that right.
Yeah.
So, if I look up the word sandwiches and Burger King and I click on this,
there is the word sandwiches, international class 30,
and they actually have a registration for it, okay?
So, this is one of their federally registered trademarks.
So, basically, what I'm showing you is you can specify the trademark itself.
I would use this non-punctuated word mark option, put in quotes the word that you
want, and then underneath it, I would say the goods, if you're trying to just
figure out the goods, if you know the actual international class,
you can type in that.
Now, what if your trademark is multiple words?
Okay, that's where it gets a little tricky.
So, where it gets a little tricky is, let's say you have Burger King is what
you're going at.
If you're going after Burger King,
this is not legal advice, all right?
But this is the way you do a search for that.
I would search for each of the words alone.
Why?
Think of it this way.
Let's say you were going after Microsoft,
Microsoft Dash, okay?
Let's say that's who you're going after, Microsoft Dash.
If I go in here and I look up the term,
Microsoft Dash,
Microsoft Dash.
And let me get rid of this here.
Let me just delete this.
Microsoft Dash.
Let's see what comes up.
Oh, look, nothing.
So I guess I can use it.
So I guess I can go right now
and start using the name Microsoft Dash for software.
Yeah, I see Tony, Anthony's head's like,
yeah, I don't think so.
You're crazy, man.
You're insane, right?
You're gonna need a lawyer next week.
Yeah, that's exactly right.
You would never do that.
But the fact is that you did a search
for Microsoft Dash together,
and there is no federally registered trademark for that,
but there most certainly is a registration for Microsoft.
So what you should be doing
is searching each of the words separate.
So if I'm looking at International Class 9 for software,
if I looked up Microsoft Dash,
when I do a search, nothing comes up.
I go, oh, it's clear.
Yeah, no, it's not,
because if I look for Microsoft alone,
oh, look, 101 records.
Do you see that?
So if you're going after a trademark
that's multiple words,
do yourself a favor and search
for each of the words individually.
Now, if part of the word is something like the,
don't search for the.
I mean, that's just silly.
Like, you're not gonna get anywhere.
If it's a generic word, it's not, you know,
it's not, you're just gonna waste time looking for the.
But I would search for the more meaty portions
of the trademark.
I would search for them individually, guys.
Okay, this is how you avoid trademark infringement.
Now, you might ask, well, what about the word dash?
So you could look for dash to,
you look for dash in class nine.
Oh, great, there's 340 registrations.
So now the way that a trademark attorney looks at this,
they now look through all the registrations
to find out, is this a problem or not?
Is there a likelihood of confusion
between the trademark you're going after
and the product or services that you're going after
and the registration that's already out there
with the products and services
that are covered by that registration, right?
So if you're going for Microsoft dash
and you do a search and you find Microsoft,
let's just do Microsoft.
Okay, so we get 101 records.
So now I go all the way down here.
Let's go see if I can see the very first registration
with the word Microsoft.
Oh, this one's dead.
Oh, this was their first logo way back in the day.
That's what they use, pretty cool.
All right, so if I go previous list.
All right, now I look just for the word Microsoft.
Here's one with the word Microsoft.
Computer programs, international class nine,
registered July 6th, 1982, right?
That's the Microsoft trademark right there
you're looking at, right?
One of the more powerful trademarks in the world.
Okay, so now, and their filing basis was 1979.
They claimed that they started using it in 1975.
That's when like the disks were like this big
and like your cell phone was like this big.
Remember that?
Hey guys, there weren't even cell phones that big yet.
So yeah, so if you have Microsoft
and another word in your trademark
and you search for that word alone,
now you look at this result
and you're gonna come down here
and you're gonna say, okay, well, what is it filed for?
Here it is, class nine, computer programs.
Class 42, computer programming.
So now I look at what I'm doing
and let's say I am creating software.
Well, software is a computer program.
So therefore there's a high chance.
of there being confusion with my using Microsoft Dash
and their owning Microsoft
because their trademark is inside of my trademark.
So therefore there's a lot higher likelihood of confusion.
And with that, let's actually,
did you drop the link for the likelihood
of confusion factors?
All right, I'm gonna show you guys
the actual factors one by one,
and we're gonna go through them.
So you can determine,
because if you go and do this trademark search,
you might go, well, who cares?
Like, what's the big deal?
Well, I'm gonna show you the legal analysis.
None of this is legal advice,
but I am gonna show you the legal analysis
done by attorneys,
the legal analysis that I do in litigation.
I'm gonna show you what's actually done
to determine if there is trademark infringement.
By knowing this, you'll then be able to determine
whether or not there's an issue
when you do your own searching.
You'll have a good idea of this is kind of an issue,
it's not an issue,
at least enough to bring it to an attorney, right?
So with that, let me pull up the link that Ray dropped,
likelihood of confusion, there it is.
Ooh.
Ray, you're so talented.
Look at this, so pretty.
What a pretty page.
All right, let me open this.
Here we go.
And let me share my screen.
Okay, do you see, can you see this screen now?
It looks like you can see it.
You can see it now?
Okay, so these are what's called
the likelihood of confusion factors.
Okay, this is what you look at.
And the way it works at is,
you remember that old statue of Lady Justice,
she's blind and she's got like scales in front of her,
and you know how it weighs.
That's essentially what happens, it's a weighing test.
And if more of the factors weigh against you, you lose.
Now, there's certain factors that are very strong.
What I did was I listed these factors
was I listed these by the strength of the factor.
Okay, what that means is that factor number one
is probably the most important factor.
Does it look the same?
Does it sound the same?
So think of Nike, Nike.
So let's say you're going after sneakers.
And oh, Ray, you know what I should probably do is.
I have it up already if you want it.
Very good, very good.
All right, cool.
Do you want to just share?
Yeah, just so everybody knows,
we do have the likelihood of confusion link.
It is already placed in the Facebook group.
So if you need, if you can't access it now in the chat,
you can get it there.
Okay, all right, let me show you something here.
This is something we thought that would be very helpful
to all of you is to show you wordmark, slogan, logo.
All right, and everybody's kind of familiar with Nike.
So for that reason, we thought we'd use Nike.
So Nike, N-I-K-E, the word N-I-K-E,
which is registration number 1277066.
That registration is for a word, N-I-K-E.
It's a wordmark.
Now, when you look up to the very first one that's listed,
where they're kind of like in a slant,
that one, that N-I-K-E on the top left side there,
that N-I-K-E, that actually is a,
it's actually a design mark, okay?
Because it's the way that the,
it's the way it actually looks.
They registered that as a logo as well.
Even though it's a wordmark,
they registered as a logo as well
because it has a certain font.
It has a certain look to it.
Then to the right of that, you see the Nike swoosh, right?
Everybody's familiar with the Nike swoosh.
That itself is a logo, all right?
Now, if you look at Just Do It,
Just Do It is a slogan, all right?
It's multiple lines, okay?
Just do it.
Sometimes it has a period, sometimes it doesn't, you know?
So that in and of itself is a slogan
that's also protectable under trademark law.
Okay, why is this important?
Imagine that you decide to file for Nike as N-Y-K-E,
for shoes, not for sneakers, but for shoes, okay?
So N-Y-K-E.
and Y-K-E.
So if you look at N-Y-K-E and compare it to N-I-K-E,
who here thinks it looks similar just by a show of hands?
Does it look similar?
Yeah, it does kind of look similar.
All right, now there is a Y versus an I,
but one would argue, a good lawyer would argue
that all that's actually being added
is like an arm to the I,
because a Y looks very similar to an I.
Their other letters look exactly the same
because they are the same.
It's four letters versus four letters.
Therefore, there's a high likelihood of confusion
because they look the same.
Now, Nike versus Nike, they also sound the same, right?
Well, that's another fact
that it weighs heavily against you.
So now you can stop sharing your screen now.
So I'll go back to sharing mine so everybody can see it.
There it is.
Here we go, share screen.
There it is.
Okay, so now looking at the first factor,
again, N-Y-K-E versus N-I-K-E,
they look similar, that's against you.
Nike versus Nike, they sound exactly the same.
That weighs against you.
The connotation, the commercial impression,
that's really like, how do people feel when they see it?
Like if you got a trademark for Reaper versus Divine,
they have a different feeling, right?
And so it's kind of like the connotation
between the two trademarks.
Nike versus Nike, I don't think one makes you feel
a little different from the other.
I think it's, the feeling is not all that big of a deal.
So factor number one, you lose, okay?
But remember, there's other factors.
So now we look at factor number two.
So we're gonna look at the relatedness,
meaning the goods or services, are they similar?
So one's for sneakers, one's for shoes.
Who actually thinks sneakers are similar to shoes
by a show of hands?
Yeah, so they're both footwear, okay?
Because they're both footwear,
there is some similarity, right?
I mean, it's not exactly the same,
but there is some similarity.
So for that reason, I think that factor
is not great for you either.
Looking at factor number three.
With factor number three, did you hear that?
Did you hear that?
That was a motorcycle that wanted to show off
that it was spring.
So factor number three is basically laying out for you
the actual channels that are used for sale.
So if, remember how earlier I said
I was gonna buy somebody a pair of sneakers?
And I said to them,
I'm gonna get you the sneakers from the dollar store.
And you saw her face, right?
Versus I'm gonna get you a pair of Jordans.
You know, and the Jordans were like,
I think it was Michelle, right?
Michelle, was it you?
Yeah, so it's like, you know,
then Michelle was like, oh, cool.
Like, that's cool.
Well, if one of the items would be sold
in the same area as the other item,
then there's a very high likelihood of confusion
because the public's going to run into both trademarks
at the same time.
If they're both sold at target, bad thing.
If one thing is only sold online,
you can only get it in a private sale
directly from a distributor.
That leads to there being less of a likelihood of confusion.
Okay, all right, number four.
Number four is really looking at
what impulse buyer means is that,
think of, I'll give you a really simple example.
I used to represent a company called Boston Acoustics
and Snell Acoustics, right?
Boston Acoustics sneakers, Boston Acoustics speakers
cost anywhere from a hundred bucks
to maybe 2000, 3000.
Snell Acoustics was typically around 2,500
to like $50,000 for a pair of speakers.
I keep saying sneakers, for a pair of speakers, right?
So you cannot buy Snell Acoustics speakers in a store.
Like they're very hard to find.
Like you typically have to find
some kind of specific distributor
and go to them and say,
I want a Snell Acoustics speaker
because they're very high end.
I know Magnolia started selling them as well
at Best Buy a while ago,
but that was like your 5,000,
which is your $5,000 line,
which is like the lowest line they had.
So the fact is that if the price is very high,
it's not an impulse,
An impulse product is, man, I want that.
Let me just grab it.
So, you know, when you go shopping
and you're on the grocery line and you're checking out
and you're like, I want a stick of gum.
Boom, you just grab it, right?
It's like, who cares?
It's like a buck.
It's not a big deal.
Now, if a stick of gum costs you $3,000,
it would not be an impulse purchase.
That would be a high level,
like full analysis kind of purchase,
a careful, sophisticated individual would be buying that.
All right, so there's a difference
between an impulse product
and a high level of care product.
If it's an impulse product and they look the same,
there's a high level of confusion.
Okay, so again, if the cost is low and they look similar,
high level of confusion right off the bat, okay?
Quantities of the mark, what that really means is that,
what if there's like 20 other trademark registrations
with the word Microsoft in it?
If there's 20 other registrations
with the word Microsoft in it,
there's less of a likelihood of confusion
and you're using it
because a lot of other people are using it.
All right, now what I didn't say, just to be clear,
I mean, other uses as federal registrations.
I don't just mean other people in the public.
Please don't go out there and say to yourself,
well, there's 10 other people using this name too,
I'm gonna use it too.
You may be the only lucky one who gets sued, okay?
I've had people come to me and say,
I don't understand, I got a cease and desist letter,
but there's 10 other companies doing the same thing.
Why did I get sued?
I don't know, maybe that day you wore an ugly tie.
I don't know what it is,
but the fact of the matter is you got sued
and a defense is not, well, your honor, they did it too,
so I shouldn't have gotten sued, that's not a defense.
There is a defense out there,
if this was a group of lawyers
and I go into a lot of detail on this,
but just so you know, this is just an FYI,
there is a defense out there called dilution,
where if a lot of other people
are actually using the trademark and you get sued,
but a lot of people are using it,
you can say that the market is flooded
with other people using the exact same name,
so therefore it's dilute
and you shouldn't be able
to have any legal rights against me.
So that was just a bonus.
If you get in a lot of trouble
and the reason why you actually used it
was because you thought to yourself,
everybody else is using it,
you might wanna mention to your lawyer
a thing called dilution
and then your lawyer can look at it and go,
how in the world did you know about dilution?
That's like an obscure area of the law.
And you could say, I'm just smart,
like I just know all these things, amazing, yeah.
You should pay me, Mr. Lawyer or Ms. Lawyer.
All right, the agreement factor,
really all that's saying is that
if there's some kind of legal agreement
between the parties,
you're not gonna really run into that.
The last factor is another big one,
it's called evidence of actual confusion.
What that actually means is that,
I'll give you an example of this.
Let's say that you're using Nike, NYKE
and somebody sends you a letter
and the letter says,
when I bought your shoes,
I thought I was buying Nike brand shoes,
not NYKE brand shoes.
Send me my money back, I wanna refund.
That's proof of actual confusion.
That is like, that's like the bullet to the heart.
That's the worst one.
If somebody comes to you and says
that they actually got confused,
that's a very bad sign
and you might wanna stop using that trademark.
Those are called the likelihood of confusion factors.
The ones towards the top,
the one towards the top is like the big, big one.
These here are the biggest one.
The last one can be significant,
but it rarely ever happens,
that's why I put it at the end.
So now you actually know
what is actually done in an analysis
to determine whether or not there's trademark infringement.
Now, why do you care?
The reason why you care
is because when you do your trademark searching,
you're gonna keep in mind,
if you find another trademark that looks similar to yours,
you're now gonna go through those factors
and you're gonna say, does it look the same?
Oh yes, it does, that's a negative.
Does it sound the same?
Oh yes, it does, that's a negative.
So now I've got two things that are against me.
So you're gonna look at those factors
and if more of them weigh against you,
find another trademark.
And especially if the first,
if number one or number two is against you,
find another trademark, it's just not.
worth it, you're going to spend more time on lawyers
than you're going to spend marketing or making sales.
And I'd much rather you don't end up in that situation.
Going towards the point of lawyers, first of all,
I touched base on this a second ago.
If you have to hire an attorney in a specific area of law,
what I would do is find a lawyer that you actually trust,
who you actually trust, and then ask them
if they know a lawyer in that area, OK?
The reason why you do this is because you're
holding that lawyer that you do know
accountable to their referral network, right?
It's kind of like, you don't want to go on Google,
you don't want to go online and just find a random lawyer
and spend hundreds of dollars or thousands of dollars with them
if they don't know what they're doing,
because you don't know if they know what they're doing
or they don't know what they're doing.
You have no clue.
That's not your area.
So how are you going to know if they're doing things right
or not?
You're not.
But everybody here should know at least one lawyer
who knows what they're doing.
And if you do, reach out to that lawyer and say, hey,
do you know a lawyer that does wills or trusts?
Do you know a lawyer that does LLCs?
Do you know a lawyer that does this or that?
And what they'll do is they will share with you,
hopefully, their network of lawyers
who actually are really good at what they do.
And so what happens is that if that person messes up,
you reach out to the guy who refers them and say, hey,
such and such messed up.
Now that lawyer is calling that lawyer for you
as well to get things fixed.
You see, referral networks are really
important in the legal industry.
And I can tell you, there are tons, tons and tons and tons
of lawyers in the United States.
But there's very few patent attorneys and very few
IP attorneys.
It's one of the smallest number of attorneys in the entire bar.
I mean, you're talking like really small.
So it's good if you know somebody.
And all of you do know.
You know me now.
And obviously, when you go into the foundations and IP package,
you actually get my whole network as well.
So if you need anyone in any country,
you can use them as well.
I'm going to take two questions.
I know, Ray.
I know.
I'm not supposed to do this.
I know I don't do this.
But I just went over a lot of things.
I did trademark searching.
I did trademark infringement analysis.
There are a number of things over the last two days.
I just want to let you guys, if anybody has a quick question,
Anthony, you're a VIP.
So go right ahead.
You can ask your question.
Ask your question.
You got to unmute him.
Thank you.
We good?
Yes, go ahead, my friend.
So yeah, thank you.
So when you're opening a company like an LLC or incorporated
or in a state, is there no accountability
to the government institutes for a name?
So say you want to open a business in a certain name
and that already has a trademark or something against it.
Is there no accountability to those institutes
that are allowing you to do that?
Does that make sense?
I'm not sure I understand your question.
Say it again.
So for example, if I had a name, say I wanted to say Nike.
I wanted to open a business called Nike here in Georgia.
And Nike already has their trademark and everything.
And the Georgia registrar office or whatever
where I'm opening the business allow me to open the business.
So where is the accountability for some institutions
like that or like a government institute?
That is an amazing question, Anthony.
And I ask that exact same question every year.
Where is the accountability?
In my opinion, what should happen
is there should be a connection between the United States
Patent and Trademark Office and the Secretary of State
of every single state.
But they're not connected.
Now, part of the reason why that might be
is because they don't want the liability.
It could be that the government doesn't
want the associated liability with having you go in
and do a search and thinking it's clear.
And then you file a registration.
And then you go, well, hold it.
You said it was clear.
And it's really not clear.
And so now you go after the Secretary of State
and say, well, I just got sued for $250,000
for trademark infringement.
It's your fault because you said it was clear.
I used your database.
Your database is wrong.
They probably just don't want that liability.
And so I don't know.
Don't they have it already though?
Not really, because the Secretary of State is not listing federally registered trademarks.
It's listing business names.
It's only listing business names.
So let's go to Ray.
We actually have this on the form.
Can you drop the link for the Secretary of State?
If you see.
Yeah, go on.
I got to know which link you're talking about.
Sarah's responding in the chat.
No problem.
Let me see if I can find it real quick for everybody.
Here we go.
I'm going to show you guys real quick what it looks like.
I already found it.
Here we go.
Okay.
Secretary of State.
Okay.
VIP.
There's all the links.
And Wayback Machine IPO.
Wow.
We give out a lot of links.
Let's see.
I don't see the Secretary of State one.
Yeah.
I didn't think it was on that machine.
It's on the Chi Chi?
No.
I was going to say I didn't think it was.
That's why I was like, wait, what is it I'm looking for?
Because I was going to have to go hunt it down.
That's okay.
I'll find it real fast.
Let's see.
Secretary of State.
Okay.
VIP.
There's all the links.
And Wayback Machine IPO.
Wow.
We give out a lot of links.
Let's see.
I don't see the Secretary of State one.
Yeah.
I didn't think it was on that machine.
It's on the Chi Chi?
No.
I was going to say I didn't think it was.
I was going to have to go hunt it down.
That's okay.
I'll find it real fast.
Let's see.
Secretary of State.
While you're hunting that down, I want to answer a question here in the chat.
What is the difference between VIP and the foundations and IP package?
So our VIP is a session that we have after the challenge is done here.
We go into a group and you get to do a much deeper dive on topics.
And we have live Q&As with Peter.
So that's our VIP sessions.
And I'll drop a link if you want to join that group.
And then the foundations and IP is the audit that we are offering.
And if you watch the day one replay, you can get all the details on that audit.
We'll go through the foundations and IP package one more time.
I think tomorrow.
Yeah.
So we'll do it tomorrow again so people understand it.
And then that door closes Friday at midnight because a lot of people tend
to want to do that.
And we can only take up to 20 people.
Basically, it sets your company straight.
I mean, we've had tons of people do this.
And there have been ridiculous reviews.
If you want to learn more about it, we can send you the actual review reel.
There's like 18, 20 reviews that have been done already.
I should post that on Facebook.
You probably should.
Just let them see some of that so they understand.
All right.
So I already found it.
So let me share my screen so everybody can see this.
So, yeah, the VIP, there's like a 10-minute break after we're done here.
We'll be done probably in five minutes.
And then we're going to take a 10-minute break.
And then we'll jump into VIP.
And VIP, we go deep.
In fact, today, if you guys aren't registered VIP and you want to learn how
to do a trademark search, you better join VIP now, honestly,
because you're not going to learn how to do a trademark application from
scratch from a lawyer.
It's not going to happen.
And I'm going to teach you all the parts of actually filing a trademark
application live.
Not so that you go out there and do it,
but so that you actually understand all the parts and you can prepare
everything when you give it to an attorney so you spend like 50% less than
what it would normally cost.
I just said cast.
It makes no sense.
Anyways, Secretary of State, all right, here we go.
And just so you know, VIP costs 195 more.
You're getting five more hours with me at my $600 an hour rate.
So you're getting at least $3,000 worth of value.
Separately, you're learning how to do trademark applications.
You're also able to ask questions.
Some of you here are in VIP.
Just raise your hand.
All right.
So I see a lot of people are VIP.
So they're actually, actually able to ask me questions live.
And they have been asking me questions and getting feedback, right guys?
Have you guys been getting feedback? Yeah.
So you can ask them in the chat, whether it's worth it.
They'll let you know.
I'm just doing this because I want, I truly want to see you guys succeed,
but the offer is completely different.
The way the offer is the offer has so many components to it,
but the main thing is I sit down with you for two to three hours,
assess you, your company, all the assets that you have,
things you want to do in the future,
things that you're doing now and give you a game plan of what to do.
Right.
And you get a copy of the, you get a video recording of the entire session.
Right. Which is great.
So you can go back to it as long as you want and continue seeing,
well, what does he, I don't understand.
What do you mean by there being, you know,
an issue with the domain name issue here,
or there was a trademark infringement there.
What was that registration number that was an issue when he did a search
live? It's all in the video.
and it's all yours.
I just give it to you, okay?
And then separate from that,
you go into my private network called the Protection Portal.
That's available for the entire year.
Once a month, I go live for an hour and a half,
answer all your questions and continue to train you
like we do in VIP.
So it's like, it never stops.
And you can bring your real life situations into that
and ask questions without getting legal advice.
I need to take a drink.
Without getting legal advice.
And I give you some insight into what the law says
that'll help you out.
So it's almost like getting,
somebody actually used a quote of saying,
and basically it's like getting legal insurance.
I would never use those words because I'm a lawyer,
but in any case, that's what they call it, right?
And there's a lot of people that are doing it right now.
We have like 90, 80, 90 people that are in there at least.
So, all right.
So this is the Secretary of State site.
Can everybody see this?
This is an example of one.
This is for New Hampshire.
So you see how it has business name.
So you would type in the business name here
for New Hampshire.
So like A to E challenges.
Please enter CAPTCHA text, show me surrounding business.
Oh, sorry.
I have to prove that I'm not a machine,
even though I feel like a machine at times.
Sorry, here we go.
Now it does it's search.
Well, and there's A to E challenges.
Let's see.
So you see, this is one that we actually,
we actually formed a while ago
and we're not really using it for anything right now.
So we don't, it actually says not in good standing
because we never filed a renewal.
So when you actually file a renewal,
it puts you back in good standing.
So we're not really using it for anything.
So it doesn't matter,
but that's how you actually do a search.
What is this?
Confirmed submission.
Okay.
So that you go on to Secretary of State site
and why is it doing that?
Okay.
So the issue that Anthony raised was,
well, why isn't this connected to trademarks?
Is because it's only looking at business names.
It's not looking at anything else.
And the big concern with that is that
if somebody owns A to E challenges
as a federal registration, you'll never know.
So if I look up,
let me think of a federal registration that's out there
that's not in New Hampshire.
Let's see.
What's a big company that may not be-
Nintendo.
Nintendo?
I don't know.
Let's see.
Oh gosh.
How many times do I have to prove I'm not a computer?
All right, let's see.
Okay.
Hashtag not a robot.
I'd say something like Walmart.
Walmart is somebody probably-
Walmart's in New Hampshire.
New Hampshire has a lot of different companies.
Yeah, Nintendo's registered here.
They're registered here.
They actually registered their name here.
They're smart.
So, but you can end up with a big business
that actually doesn't register their name in the state.
And the result is you think it's clear
and you end up in a lawsuit.
So make sure that you do a separate trademark search, okay?
And let me close on this.
This will take two minutes and then we'll close.
In VIP, we're gonna go through all the parts
of a trademark application,
but here are the main parts.
You have like the company name,
the state of incorporation, the address,
the attorney name, the trademark.
If it's a wordmark or if it's a logo,
you have to designate which one it is.
You need the international class.
You need the list of the goods or services
that you're including in the filing.
And then you have to say if it's an actual use
or an intent to use application.
Okay, those are the main components that are part of it.
And you guys will get the video from this
so you can listen to this again, okay?
Those are the main components.
If you're not sure of any of those things,
you're gonna wanna figure those things out
before you go to an attorney, all right?
And that'll help to keep your costs down, all right?
And with that, I'm going to close.
We're a few minutes over.
We're gonna take a 10-minute break.
And at 8.18, we'll jump into VIP.
Guys, if you're like fading at all, wake up
because we're gonna go into a lot of detail
on a trademark application
and you're gonna wanna know all these parts
because this is where you're gonna ask a lot of questions.
You're gonna go, well, what does that button do?
I don't understand.
What is this?
What is that?
Take it slow.
That's what the whole session is for today, okay?
All right, well, bless you guys.
I hope this is helping you guys.
And tomorrow we're jumping in deep into copyrights.
We're gonna be covering some AI issues.
We're gonna cover publishing.
We'll cover videos, websites, funnels.
I mean, you name it.
We're gonna cover a lot of different things in copyrights,
okay, during tomorrow.
And chances are we'll probably go over,
which means we'll probably tail into a little bit of
Friday in the very beginning,
and then we'll jump into patents, okay?
I'm going to drop a scenario for all of you in Facebook.
The scenario is something that I go over on the last day.
All right, I'll have to show it to you real fast.
Let me just show it to you.
Rae, do you have the scenario?
Can you just pull it up?
Actually, I don't know if I do, but I'll take a look.
Hold on.
Thanks.
I'm going to throw it in the group anyway,
but just in case you have it, I want to show it to them.
Let me look at my bag of tricks.
I like to spoon-feed people instead of like-
I do.
Let me see.
Here, I can share.
It's the IP scenario.
Oh yeah, I already found it.
Yeah, you got it here.
You got it?
Too slow, Mojo, too slow, Mojo.
I know.
This scenario is going to be dropped
in the Facebook group for you tonight.
This is a very basic, simple scenario.
It's like running a company.
The reason why I have this scenario laid out for you
is I want you to look at this
and see if you can figure out
the areas of intellectual property law
associated with each line.
As you look at line number one,
and it says you own a small company called Burger Town.
What area of intellectual property law
is potentially associated with that?
By the last day, you will know every single line in this.
I'm giving this to you now,
so you can look at it now and kind of,
and see, you know, oh, I'm sure about this.
I'm not sure about that.
That's fine.
Like, you're just starting, all right?
But by the last day,
you will know every area of intellectual property law
associated with that entire scenario, okay?
And that makes it so that you can do
very well as a business.
What I wanna do is make sure you're well-equipped
as a business to succeed.
And you don't have to be an expert in any area,
but you should be able to issue spot.
As an aside for you, as a business owner,
the most successful business owners
often are not experts in everything, right?
They may be an expert in like one thing,
but they're really, really, really good at spotting things.
Like, they see a scenario and they're like,
there's something wrong here.
I need to get somebody to take care of that,
even though they don't know that area well.
That's what we're training you to do, to issue spot, okay?
And if you're a coach,
you're gonna be able to train others in this as well.
That's gonna increase your value,
which means that you can increase your costs
for providing your services,
because you'll be one of the few coaches that exist
that actually understands intellectual property law, okay?
All right.
And with that, I'm really gonna close.
This is kind of like the ending of a sermon at church,
right?
It's like, oh, and one last thing.
And then like four things later, it's like,
oh, and one more thing.
It's like, oh, and then this one more thing too.
It's like, oh, and I remember this too.
And I do.
That's why I laughed at Peter when he said,
I'll take two questions,
because I knew what this meant.
I know.
This is, honestly, this is my most fun in the day.
I love doing this.
This is so much fun.
Homework.
I'll give you homework.
All right.
Homework is for everybody to go home
and do a trademark search,
either for your own company,
and please don't freak out.
I mean, this happens every single time.
People do a search.
They find out that there's a federal registration
for their own company name,
and they come back panicking, like literally.
Like the chat is, they're like,
oh my gosh, I'm gonna get sued.
This is horrible.
We're gonna have to change this and that.
Just realize nothing has changed from yesterday and today,
except now you have knowledge of the issue.
So then I'd rather you find out
about something potentially being wrong
while I'm in your presence
so that we can potentially fix it
than to find out later through a lawsuit
or through a cease and desist
where you don't have anybody who cares about you,
around you, and then you're in panic mode.
Let's figure it out together now
so that you're successful, okay?
So everybody go home, do your searches.
It should take you a few minutes.
It's a free tool.
Well, you have access to it.
Go to uspto.gov, click trademarks, click search,
search for your company names,
search for your product or services names
and see what's out there.
And you might be a little surprised and that's okay.
We'll get through it.
And now I'm really done.
All right, you guys have take care.
At 8.25, we'll go live for VIP
and we'll start digging into trademark applications.
Bless you guys.
I'll leave you Larissa to close off.
Love you guys.
I'll talk to you later.
Take care.