WEBVTT

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So, unfortunately, I wasn't able to make it live yesterday, but definitely learned a lot

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there.

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The intent to use the trademark application, right, so I thought that was very interesting.

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And you know, when to possibly use that, and that it could be extended up to three years,

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right?

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As well as the, you know, not using, or I think you mentioned the interstate commerce

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of when you could use the trademark.

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So that was just something that was interesting for me that I did not know, so that's what

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I learned.

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Fantastic, thank you for sharing.

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And let's see, Dave Hall, I'm going to get you spotlighted, and I'm going to ask you

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to unmute.

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Good to see you.

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Thank you.

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Yeah, yesterday was super helpful, the trademark, I think it was Sean just mentioned, just to,

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that you can stick that next to someone to alert the public that you're, you mean business.

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Being a part of the VIP and actually being able to ask Peter questions about what I'm

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working on was super helpful and walking through the trademark search and which fields I needed

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to look in allowed me to hop on after the call and got my website set up for find your

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higher power.org.

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And that's one step closer to the challenge.

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So yeah, super helpful, really encourage anyone that hasn't done the VIP to think about that

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because gosh, you know, 600 bucks an hour and I get to like interact with them and ask

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them questions and have, yeah, it was super, super helpful.

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Thank you.

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We're so glad that you were with us.

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It was super valuable.

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And we didn't pay him to say that.

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Anthony, let me get you spotlighted here and you can give us your takeaway.

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I'm going to ask you to unmute and ignore my dog in the background.

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Yeah, I think for me, can you hear me?

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You guys can hear me?

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Yes, we can hear you.

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Okay.

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Yeah.

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I think for me, one of the things that was really helpful, and I don't know if he mentioned,

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you know, it was an intentional thing, but he was talking about Facebook and how, you

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know, when you have your Zoom, how it pulls into Facebook or you can set it up that way.

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And it was helpful to know that your copyrights pertaining to Facebook, they have rights over

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your material when you put it on Facebook.

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So for me, that was like super helpful and just kind of gave me a whole different perspective

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of how I need to structure it from a business perspective.

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So you know, and I was kind of surprised that a lot of the people that are doing funnels

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and all the other things, how they just put stuff on Facebook all the time.

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And I don't know if they don't realize that that's no longer, well, it is theirs, but

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it's also owned, I suppose, in part by Facebook, right?

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Is that the way I understood it?

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Even those terms and conditions of Facebook, they hold a certain right when you do share

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things there.

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And I'm not the lawyer and I don't play one on Zoom, but I've been here enough to know

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that no, like, you know, they do have that written in and, you know, those nasty old

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things that lawyers love to get paid to write long, long, long terms and conditions.

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How many of us just click the I agree and go forward?

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We didn't know that, but it pertains to so many stuff.

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So that is a great takeaway.

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Peter, do we have time for one more?

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I don't see him interrupting.

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He usually interrupts me when it's time to start.

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Go ahead.

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Take one more.

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Go ahead.

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All right.

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Ben's got one.

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So thank you, Anthony.

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Let me get you highlighted, Ben.

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And I'll ask you to unmute and give us your golden nugget from yesterday.

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It's so good to be here.

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I, man, I'm just kind of having my eyes open to, like, I've been living in unconscious

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and confidence, man.

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I just don't even know what I don't know.

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Somebody told me once that that's what kills me.

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So, I mean, I'm thankful like that.

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The sheet that you shared yesterday with all of the different areas of intellectual property

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law was pretty eye opening.

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I mean, I'm in construction.

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Our name is K Construction.

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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.

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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.

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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.

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On my computer so the fans, not so loud and there it goes now to be quiet.

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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.

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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.

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Today we're going to be going deeper into trademarks, but there were a few things that people asked about yesterday.

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That I thought were really interesting, so I wanted to maybe jump in a little bit more there first.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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They could just grab your market share and I promised somebody here that I would walk through a scenario with them.

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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.

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Why am I so passionate about this, let me explain to you what what I mean all right um.

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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.

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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.

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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.

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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.

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your ads getting any of the search results that are associated with you

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removed because that other party is saying that you're

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getting a commercial gain from what belongs to them.

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So now that you've pulled that, you also have to come up with a new name

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very fast and one that's going to be effective. So if you thought it was hard

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for you to come up with the first name, think about how hard it is now to come

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up with a second name when there's a gun literally at your head saying change

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your name now or I'm going to sue you or saying change

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your name now or you know the complaint that I file

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against you is going to be served upon you

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and now you got 45 days to file an answer you know or appear in federal

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district court. Like these things happen very fast. So this is why I'm so

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passionate about making sure that you guys understand this

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that you're using a name that actually you can use or a logo that you can use

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because I've seen the opposite. There's a lot of people in a number of networks

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that I'm involved in and even in the private network that I

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told you all about yesterday that have spent over a hundred thousand

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dollars rebranded and paying off attorneys and in legal

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fees just because they didn't do a trademark search. Guys and I showed you

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how to do one for free. All right so this is why I'm trying to

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explain these things to you. All right another thing, how long do

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trademarks last? Type in the chat how long you think a

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trademark lasts.

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Just want to see what you think on that.

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10 years. Tanya says 10 years. Anybody else? Don't be don't be shy you

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guys. I don't care if you get it wrong. It's

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not gonna hurt my feelings. This is we're all here to learn

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together and have fun forever lifetime. Yeah that's it exactly

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until the company closes. Yeah 20 years. All right so a trademark has

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the potential of lasting forever but you have to renew it. Okay so if

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you have a federally registered trademark remember

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the five-year mark the 10-year mark you have to look at things for like renewals.

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There's a thing that you can follow section 8 or section 9 or section 11.

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There's all these different things for renewals

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that are available. You can actually make your trademark uncontestable

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so nobody can challenge your trademark after 10 years of continuous use.

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Like there's a lot of powerful things you can do so mention that to your

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lawyers. If you already have a trademark and it's been more than 10 years ask

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your lawyer about filing a notice of incontestability with the

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United States Patent and Trademark Office so that your trademark

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can't be challenged. All right it's very powerful. So all of

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my clients I follow up for all of my clients

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because then if somebody wants to challenge them it's going to be very

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difficult for them to harm my own client's trademarks.

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How do you actually find a trademark attorney?

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Please don't go on google and type up trademark attorney.

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All right this is bad idea guys. This is such a bad idea. I've seen all

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the commercials. It's kind of scary. I've seen the

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caveman with the wheel for the patents things. I've seen you

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know the invention hotline. There's some scary

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stuff out there. Now people think well you know it's not a big deal and they

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said they'll charge me only $250. Well I can tell you you definitely get

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what you paid for because probably 20% of the clients I have

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have come to me because they've used some of those other entities

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and they need to fix problems. But with trademarks

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you cannot. I'm going to show you the parts of a trademark application today

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but once you file your application you can't modify what's called your goods or

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services. You can't modify it but you can't make

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it broader. So let's say Sean is selling sneakers

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wallets and keychains right and so and he's using the name

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I don't know driven d-r-i-v-n and he's using that for sneakers

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wallets and keychains right driven okay and cool name d-r-v-n

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looks really cool right people are buying stuff but then he goes

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oh man I've got these what do you call them

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uh these the cell phone holders right these holders here I sell those too

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I want to use driven on those too but he already filed the trademark

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application you can't add another good to it

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once it's filed it's filed so why am I telling you this you've got

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to be absolutely sure

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When you follow your trademark application that everything that you are going to use it for is included.

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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.

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Well, Ray, you said my audio is in and out.

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Yeah, your audio. I don't know if it's a for everybody else a little fuzzy and it's really echoey so

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You guys

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Is it your microphone.

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No, it's, is it fine. Anthony, does it sound good? Michelle, does it sound good?

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Okay, just making sure because I also got a message from someone else that they were having echo issues.

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Let me bring the mic over closer to me. Tell me, how's that? Is that better?

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That's a lot clearer. Yeah, much better.

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I put it right underneath my nose now. Yeah.

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Thanks.

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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.

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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

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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.

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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.

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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.

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Sneakers are not in the same international class as wallets and that's not in the same international class.

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You know, as key chains. So what that means to you as a business owner is that you're filing in three international classes.

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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,

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The more things that you're falling for. If those things don't fall into the same international class.

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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

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Okay.

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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.

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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.

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So if you're falling on four different classes, you're getting charged at least $1,000

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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

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Did you hear that.

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So as an example, class number nine is associated with electronics. So let's say you fall for cell phones, earbuds, software and

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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.

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Type in the chat.

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If it costs $250 per class.

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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.

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What if there's certain things that I am using already and there's other things that I'm not using yet.

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What do I do then. Well, here's the good news. If you're a VIP

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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.

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What exactly you need to do to do that filing. But in short, basically, the way it works is that you

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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.

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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

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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.

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For one application with some of it being actually use some of it being intent to use. Now here's the thing is that

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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.

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How many people here in Canada. Anybody in Canada.

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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.

224
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Yeah, it takes a little while. Okay.

225
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Yeah, it takes a little while. Okay.

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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.

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After your trademarks been allowed. You know what happens. They give you a notice of allowance. Now you've got to wait 30 days

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After the 30 days. It's called an opposition period. Basically, that means the public received notice about your application being allowed

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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.

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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.

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The reason why you do that is because hopefully within that nine months, everything becomes actually used

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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

233
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Okay, because remember an intent to use application will not be registered until you actually start using it. Right.

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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.

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But for your for all intents and purposes, file your, your actual use stuff and your intent to use stuff at the same time.

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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

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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.

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Okay.

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I and the good part is I have two screens up now, so I can keep them both up.

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And work with you at the same time, so let me share my screen.

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There it is.

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Okay, can you see the screen here.

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You see, if I can move it over here, so I can see, there we go.

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All right, can everybody see the USPTO screen?

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Yes, okay, good.

246
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All right, so all you do for trademark searches, you go to trademarks,

247
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you go to searching trademarks.

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We're on your likelihood of confusion screen.

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So you're not seeing it then?

250
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No, it was there, but then it switched.

251
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Okay, got it.

252
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Hold on, let me switch something.

253
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I know what it is, but let me do something here.

254
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On that note, I'm going to send you the link to the prettier version of this.

255
00:26:04.600 --> 00:26:09.120
Yeah, drop that link for everybody, because I want everybody to have a copy of that, okay?

256
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You got it.

257
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All right, can you see the USPTO site now?

258
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Yes.

259
00:26:15.520 --> 00:26:19.520
Yeah, that's because it's running off a screen, number one.

260
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I have a lot of different screens here.

261
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All right, so this one here, now if you go to trademarks,

262
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then you go to searching trademarks.

263
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Do you see that?

264
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What's this, searching trademarks?

265
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Click on that, scroll down, and here are two options.

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There's this link here under search trademark database,

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or you can click on the button.

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You click on the button, and you go over,

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you have three different options.

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Choose the second one.

271
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Use the second one, all right?

272
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If you use the first one, it's not as good.

273
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The second one, you can select a lot of different fields from here for your trademark.

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I would personally use this non-punctuated wordmark option as a field,

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then type in whatever the word is, right?

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So, Burger King.

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You can use quotes if you want the exact word.

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Now, you can search like that just for Burger King alone,

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in which case you get 62 records, all right?

280
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Does everybody see the record, the result there?

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Okay.

282
00:27:24.400 --> 00:27:30.240
But the other thing you can do is come down here

283
00:27:30.240 --> 00:27:35.880
and select a specific international class associated with Burger King.

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So, let's say you're looking for like, are there any electronics?

285
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Does Burger King have any registrations for anything that's an electronic?

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So, then I would go to international class nine,

287
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and then say and, and submit query.

288
00:27:50.480 --> 00:27:55.880
And apparently, Burger King has a registration, no way, really?

289
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For something that is an electronic.

290
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What is it?

291
00:28:00.640 --> 00:28:03.160
Now, I'm curious.

292
00:28:03.160 --> 00:28:05.960
Burger King used to have a registration for calculators?

293
00:28:05.960 --> 00:28:08.240
No way.

294
00:28:08.240 --> 00:28:09.360
I didn't even know that.

295
00:28:09.360 --> 00:28:12.600
So, Burger King used to have a registration for calculators,

296
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radios, and photographic cameras.

297
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Interesting.

298
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Okay.

299
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Well, I guess that didn't do so well.

300
00:28:20.320 --> 00:28:23.160
So, you see it's canceled, it's gone.

301
00:28:23.160 --> 00:28:28.200
So, but in any case, that's how you can do a really quick search.

302
00:28:28.200 --> 00:28:32.640
Like I said, in VIP, we went through a lot of these different fields one by one

303
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to see what they all mean.

304
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Typically, guys, you can select this non-punctuated mark.

305
00:28:38.640 --> 00:28:41.880
That's one of the best to use.

306
00:28:41.880 --> 00:28:49.480
The other option that is very helpful is you can use goods and services here.

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And for goods and services, you just kind of say what the goods are.

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So, if you're saying, as an example, sandwiches.

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Sandwiches.

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Did I spell that right?

311
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I think I spelled that right.

312
00:29:02.160 --> 00:29:03.160
Yeah.

313
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So, if I look up the word sandwiches and Burger King and I click on this,

314
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there is the word sandwiches, international class 30,

315
00:29:13.280 --> 00:29:16.320
and they actually have a registration for it, okay?

316
00:29:16.320 --> 00:29:20.560
So, this is one of their federally registered trademarks.

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So, basically, what I'm showing you is you can specify the trademark itself.

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I would use this non-punctuated word mark option, put in quotes the word that you

319
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want, and then underneath it, I would say the goods, if you're trying to just

320
00:29:38.440 --> 00:29:40.920
figure out the goods, if you know the actual international class,

321
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you can type in that.

322
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Now, what if your trademark is multiple words?

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Okay, that's where it gets a little tricky.

324
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So, where it gets a little tricky is, let's say you have Burger King is what

325
00:29:59.000 --> 00:30:00.000
you're going at.

326
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If you're going after Burger King,

327
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this is not legal advice, all right?

328
00:30:07.160 --> 00:30:09.460
But this is the way you do a search for that.

329
00:30:10.960 --> 00:30:13.120
I would search for each of the words alone.

330
00:30:14.120 --> 00:30:15.120
Why?

331
00:30:15.120 --> 00:30:16.720
Think of it this way.

332
00:30:16.720 --> 00:30:19.680
Let's say you were going after Microsoft,

333
00:30:19.680 --> 00:30:22.960
Microsoft Dash, okay?

334
00:30:22.960 --> 00:30:26.560
Let's say that's who you're going after, Microsoft Dash.

335
00:30:26.560 --> 00:30:29.320
If I go in here and I look up the term,

336
00:30:30.520 --> 00:30:33.480
Microsoft Dash,

337
00:30:34.760 --> 00:30:37.080
Microsoft Dash.

338
00:30:38.360 --> 00:30:40.840
And let me get rid of this here.

339
00:30:40.840 --> 00:30:43.000
Let me just delete this.

340
00:30:43.000 --> 00:30:44.800
Microsoft Dash.

341
00:30:44.800 --> 00:30:46.800
Let's see what comes up.

342
00:30:46.800 --> 00:30:48.320
Oh, look, nothing.

343
00:30:48.320 --> 00:30:49.760
So I guess I can use it.

344
00:30:51.200 --> 00:30:54.000
So I guess I can go right now

345
00:30:54.000 --> 00:30:57.480
and start using the name Microsoft Dash for software.

346
00:30:57.480 --> 00:30:59.440
Yeah, I see Tony, Anthony's head's like,

347
00:30:59.440 --> 00:31:00.280
yeah, I don't think so.

348
00:31:00.280 --> 00:31:01.120
You're crazy, man.

349
00:31:01.120 --> 00:31:02.400
You're insane, right?

350
00:31:02.400 --> 00:31:03.720
You're gonna need a lawyer next week.

351
00:31:03.720 --> 00:31:05.080
Yeah, that's exactly right.

352
00:31:05.080 --> 00:31:06.720
You would never do that.

353
00:31:06.720 --> 00:31:09.400
But the fact is that you did a search

354
00:31:09.400 --> 00:31:12.960
for Microsoft Dash together,

355
00:31:12.960 --> 00:31:15.840
and there is no federally registered trademark for that,

356
00:31:15.840 --> 00:31:19.120
but there most certainly is a registration for Microsoft.

357
00:31:20.240 --> 00:31:21.840
So what you should be doing

358
00:31:21.840 --> 00:31:24.880
is searching each of the words separate.

359
00:31:24.880 --> 00:31:29.880
So if I'm looking at International Class 9 for software,

360
00:31:31.320 --> 00:31:33.720
if I looked up Microsoft Dash,

361
00:31:36.960 --> 00:31:39.280
when I do a search, nothing comes up.

362
00:31:39.280 --> 00:31:40.320
I go, oh, it's clear.

363
00:31:40.320 --> 00:31:41.800
Yeah, no, it's not,

364
00:31:41.800 --> 00:31:45.640
because if I look for Microsoft alone,

365
00:31:47.360 --> 00:31:50.880
oh, look, 101 records.

366
00:31:50.880 --> 00:31:52.400
Do you see that?

367
00:31:52.400 --> 00:31:54.560
So if you're going after a trademark

368
00:31:55.240 --> 00:31:56.080
that's multiple words,

369
00:31:56.080 --> 00:31:57.400
do yourself a favor and search

370
00:31:57.400 --> 00:31:59.640
for each of the words individually.

371
00:31:59.640 --> 00:32:02.640
Now, if part of the word is something like the,

372
00:32:02.640 --> 00:32:03.800
don't search for the.

373
00:32:03.800 --> 00:32:05.640
I mean, that's just silly.

374
00:32:05.640 --> 00:32:07.880
Like, you're not gonna get anywhere.

375
00:32:07.880 --> 00:32:10.560
If it's a generic word, it's not, you know,

376
00:32:10.560 --> 00:32:13.440
it's not, you're just gonna waste time looking for the.

377
00:32:13.440 --> 00:32:16.600
But I would search for the more meaty portions

378
00:32:16.600 --> 00:32:17.440
of the trademark.

379
00:32:17.440 --> 00:32:20.400
I would search for them individually, guys.

380
00:32:20.400 --> 00:32:24.480
Okay, this is how you avoid trademark infringement.

381
00:32:25.240 --> 00:32:27.280
Now, you might ask, well, what about the word dash?

382
00:32:27.280 --> 00:32:29.160
So you could look for dash to,

383
00:32:30.080 --> 00:32:31.560
you look for dash in class nine.

384
00:32:31.560 --> 00:32:35.800
Oh, great, there's 340 registrations.

385
00:32:35.800 --> 00:32:38.480
So now the way that a trademark attorney looks at this,

386
00:32:38.480 --> 00:32:40.120
they now look through all the registrations

387
00:32:40.120 --> 00:32:43.120
to find out, is this a problem or not?

388
00:32:43.120 --> 00:32:45.040
Is there a likelihood of confusion

389
00:32:45.040 --> 00:32:48.280
between the trademark you're going after

390
00:32:49.280 --> 00:32:52.320
and the product or services that you're going after

391
00:32:52.320 --> 00:32:55.680
and the registration that's already out there

392
00:32:55.680 --> 00:32:56.960
with the products and services

393
00:32:56.960 --> 00:32:59.800
that are covered by that registration, right?

394
00:32:59.800 --> 00:33:03.280
So if you're going for Microsoft dash

395
00:33:04.640 --> 00:33:07.440
and you do a search and you find Microsoft,

396
00:33:07.440 --> 00:33:09.440
let's just do Microsoft.

397
00:33:16.720 --> 00:33:20.320
Okay, so we get 101 records.

398
00:33:20.320 --> 00:33:23.280
So now I go all the way down here.

399
00:33:24.720 --> 00:33:28.240
Let's go see if I can see the very first registration

400
00:33:28.240 --> 00:33:29.480
with the word Microsoft.

401
00:33:29.480 --> 00:33:31.120
Oh, this one's dead.

402
00:33:31.120 --> 00:33:36.120
Oh, this was their first logo way back in the day.

403
00:33:36.320 --> 00:33:39.120
That's what they use, pretty cool.

404
00:33:39.120 --> 00:33:42.400
All right, so if I go previous list.

405
00:33:44.280 --> 00:33:47.280
All right, now I look just for the word Microsoft.

406
00:33:48.280 --> 00:33:53.280
Here's one with the word Microsoft.

407
00:33:53.880 --> 00:33:57.000
Computer programs, international class nine,

408
00:33:59.880 --> 00:34:04.880
registered July 6th, 1982, right?

409
00:34:05.120 --> 00:34:07.280
That's the Microsoft trademark right there

410
00:34:07.280 --> 00:34:08.880
you're looking at, right?

411
00:34:08.880 --> 00:34:11.800
One of the more powerful trademarks in the world.

412
00:34:11.800 --> 00:34:16.800
Okay, so now, and their filing basis was 1979.

413
00:34:17.000 --> 00:34:21.639
They claimed that they started using it in 1975.

414
00:34:21.639 --> 00:34:24.280
That's when like the disks were like this big

415
00:34:24.280 --> 00:34:26.440
and like your cell phone was like this big.

416
00:34:26.440 --> 00:34:27.880
Remember that?

417
00:34:27.880 --> 00:34:30.840
Hey guys, there weren't even cell phones that big yet.

418
00:34:30.840 --> 00:34:35.400
So yeah, so if you have Microsoft

419
00:34:35.400 --> 00:34:37.480
and another word in your trademark

420
00:34:37.480 --> 00:34:39.639
and you search for that word alone,

421
00:34:39.639 --> 00:34:40.960
now you look at this result

422
00:34:40.960 --> 00:34:42.120
and you're gonna come down here

423
00:34:42.120 --> 00:34:44.880
and you're gonna say, okay, well, what is it filed for?

424
00:34:44.880 --> 00:34:47.440
Here it is, class nine, computer programs.

425
00:34:47.440 --> 00:34:50.480
Class 42, computer programming.

426
00:34:50.480 --> 00:34:52.280
So now I look at what I'm doing

427
00:34:52.280 --> 00:34:54.880
and let's say I am creating software.

428
00:34:56.199 --> 00:34:58.520
Well, software is a computer program.

429
00:34:58.520 --> 00:35:00.240
So therefore there's a high chance.

430
00:35:00.000 --> 00:35:05.000
of there being confusion with my using Microsoft Dash

431
00:35:06.680 --> 00:35:08.800
and their owning Microsoft

432
00:35:08.800 --> 00:35:13.160
because their trademark is inside of my trademark.

433
00:35:13.160 --> 00:35:16.200
So therefore there's a lot higher likelihood of confusion.

434
00:35:16.200 --> 00:35:18.000
And with that, let's actually,

435
00:35:18.000 --> 00:35:19.800
did you drop the link for the likelihood

436
00:35:19.800 --> 00:35:21.120
of confusion factors?

437
00:35:21.120 --> 00:35:24.760
All right, I'm gonna show you guys

438
00:35:24.760 --> 00:35:27.360
the actual factors one by one,

439
00:35:27.360 --> 00:35:28.200
and we're gonna go through them.

440
00:35:28.200 --> 00:35:29.720
So you can determine,

441
00:35:29.720 --> 00:35:31.400
because if you go and do this trademark search,

442
00:35:31.400 --> 00:35:33.200
you might go, well, who cares?

443
00:35:33.200 --> 00:35:35.160
Like, what's the big deal?

444
00:35:36.080 --> 00:35:38.520
Well, I'm gonna show you the legal analysis.

445
00:35:38.520 --> 00:35:40.320
None of this is legal advice,

446
00:35:42.520 --> 00:35:45.480
but I am gonna show you the legal analysis

447
00:35:45.480 --> 00:35:47.040
done by attorneys,

448
00:35:47.040 --> 00:35:49.640
the legal analysis that I do in litigation.

449
00:35:49.640 --> 00:35:51.520
I'm gonna show you what's actually done

450
00:35:51.520 --> 00:35:54.280
to determine if there is trademark infringement.

451
00:35:54.280 --> 00:35:56.800
By knowing this, you'll then be able to determine

452
00:35:56.800 --> 00:35:58.120
whether or not there's an issue

453
00:35:58.120 --> 00:36:00.040
when you do your own searching.

454
00:36:00.040 --> 00:36:03.120
You'll have a good idea of this is kind of an issue,

455
00:36:03.120 --> 00:36:04.440
it's not an issue,

456
00:36:04.440 --> 00:36:07.360
at least enough to bring it to an attorney, right?

457
00:36:07.360 --> 00:36:12.360
So with that, let me pull up the link that Ray dropped,

458
00:36:13.080 --> 00:36:15.680
likelihood of confusion, there it is.

459
00:36:15.680 --> 00:36:16.840
Ooh.

460
00:36:20.360 --> 00:36:21.760
Ray, you're so talented.

461
00:36:21.760 --> 00:36:23.600
Look at this, so pretty.

462
00:36:24.640 --> 00:36:26.160
What a pretty page.

463
00:36:27.760 --> 00:36:29.880
All right, let me open this.

464
00:36:33.880 --> 00:36:34.720
Here we go.

465
00:36:35.600 --> 00:36:37.000
And let me share my screen.

466
00:36:42.600 --> 00:36:46.200
Okay, do you see, can you see this screen now?

467
00:36:46.200 --> 00:36:48.000
It looks like you can see it.

468
00:36:48.000 --> 00:36:48.840
You can see it now?

469
00:36:48.840 --> 00:36:51.440
Okay, so these are what's called

470
00:36:51.440 --> 00:36:54.800
the likelihood of confusion factors.

471
00:36:55.160 --> 00:36:57.480
Okay, this is what you look at.

472
00:36:57.480 --> 00:36:58.640
And the way it works at is,

473
00:36:58.640 --> 00:37:03.640
you remember that old statue of Lady Justice,

474
00:37:03.640 --> 00:37:06.960
she's blind and she's got like scales in front of her,

475
00:37:06.960 --> 00:37:08.320
and you know how it weighs.

476
00:37:08.320 --> 00:37:11.880
That's essentially what happens, it's a weighing test.

477
00:37:11.880 --> 00:37:15.600
And if more of the factors weigh against you, you lose.

478
00:37:16.560 --> 00:37:19.760
Now, there's certain factors that are very strong.

479
00:37:19.760 --> 00:37:23.800
What I did was I listed these factors

480
00:37:23.800 --> 00:37:28.800
was I listed these by the strength of the factor.

481
00:37:29.760 --> 00:37:34.760
Okay, what that means is that factor number one

482
00:37:35.200 --> 00:37:37.880
is probably the most important factor.

483
00:37:39.080 --> 00:37:40.920
Does it look the same?

484
00:37:40.920 --> 00:37:42.960
Does it sound the same?

485
00:37:42.960 --> 00:37:45.320
So think of Nike, Nike.

486
00:37:45.320 --> 00:37:47.800
So let's say you're going after sneakers.

487
00:37:49.520 --> 00:37:52.880
And oh, Ray, you know what I should probably do is.

488
00:37:52.880 --> 00:37:55.600
I have it up already if you want it.

489
00:37:55.600 --> 00:37:57.160
Very good, very good.

490
00:37:57.160 --> 00:37:58.160
All right, cool.

491
00:37:58.160 --> 00:37:59.840
Do you want to just share?

492
00:37:59.840 --> 00:38:00.960
Yeah, just so everybody knows,

493
00:38:00.960 --> 00:38:03.520
we do have the likelihood of confusion link.

494
00:38:03.520 --> 00:38:06.040
It is already placed in the Facebook group.

495
00:38:06.040 --> 00:38:08.280
So if you need, if you can't access it now in the chat,

496
00:38:08.280 --> 00:38:10.080
you can get it there.

497
00:38:10.080 --> 00:38:12.720
Okay, all right, let me show you something here.

498
00:38:12.720 --> 00:38:15.080
This is something we thought that would be very helpful

499
00:38:15.080 --> 00:38:19.800
to all of you is to show you wordmark, slogan, logo.

500
00:38:19.800 --> 00:38:22.440
All right, and everybody's kind of familiar with Nike.

501
00:38:23.040 --> 00:38:25.720
So for that reason, we thought we'd use Nike.

502
00:38:25.720 --> 00:38:29.920
So Nike, N-I-K-E, the word N-I-K-E,

503
00:38:29.920 --> 00:38:31.920
which is registration number 1277066.

504
00:38:37.880 --> 00:38:42.880
That registration is for a word, N-I-K-E.

505
00:38:43.400 --> 00:38:45.200
It's a wordmark.

506
00:38:45.200 --> 00:38:50.200
Now, when you look up to the very first one that's listed,

507
00:38:50.440 --> 00:38:52.400
where they're kind of like in a slant,

508
00:38:53.920 --> 00:38:57.640
that one, that N-I-K-E on the top left side there,

509
00:38:57.640 --> 00:39:02.000
that N-I-K-E, that actually is a,

510
00:39:02.000 --> 00:39:05.760
it's actually a design mark, okay?

511
00:39:05.760 --> 00:39:08.640
Because it's the way that the,

512
00:39:08.640 --> 00:39:10.120
it's the way it actually looks.

513
00:39:10.120 --> 00:39:12.200
They registered that as a logo as well.

514
00:39:12.200 --> 00:39:13.960
Even though it's a wordmark,

515
00:39:13.960 --> 00:39:15.920
they registered as a logo as well

516
00:39:15.920 --> 00:39:18.280
because it has a certain font.

517
00:39:18.320 --> 00:39:20.240
It has a certain look to it.

518
00:39:20.240 --> 00:39:23.120
Then to the right of that, you see the Nike swoosh, right?

519
00:39:23.120 --> 00:39:25.240
Everybody's familiar with the Nike swoosh.

520
00:39:25.240 --> 00:39:28.600
That itself is a logo, all right?

521
00:39:28.600 --> 00:39:31.600
Now, if you look at Just Do It,

522
00:39:31.600 --> 00:39:34.320
Just Do It is a slogan, all right?

523
00:39:34.320 --> 00:39:37.320
It's multiple lines, okay?

524
00:39:37.320 --> 00:39:38.760
Just do it.

525
00:39:38.760 --> 00:39:41.640
Sometimes it has a period, sometimes it doesn't, you know?

526
00:39:41.640 --> 00:39:43.960
So that in and of itself is a slogan

527
00:39:43.960 --> 00:39:46.360
that's also protectable under trademark law.

528
00:39:46.400 --> 00:39:49.040
Okay, why is this important?

529
00:39:49.040 --> 00:39:54.040
Imagine that you decide to file for Nike as N-Y-K-E,

530
00:39:55.520 --> 00:39:59.440
for shoes, not for sneakers, but for shoes, okay?

531
00:39:59.440 --> 00:40:00.280
So N-Y-K-E.

532
00:40:00.000 --> 00:40:02.000
and Y-K-E.

533
00:40:02.000 --> 00:40:06.960
So if you look at N-Y-K-E and compare it to N-I-K-E,

534
00:40:06.960 --> 00:40:10.520
who here thinks it looks similar just by a show of hands?

535
00:40:10.520 --> 00:40:12.680
Does it look similar?

536
00:40:12.680 --> 00:40:15.120
Yeah, it does kind of look similar.

537
00:40:15.120 --> 00:40:18.040
All right, now there is a Y versus an I,

538
00:40:18.040 --> 00:40:21.560
but one would argue, a good lawyer would argue

539
00:40:21.560 --> 00:40:23.400
that all that's actually being added

540
00:40:23.400 --> 00:40:26.040
is like an arm to the I,

541
00:40:26.040 --> 00:40:28.320
because a Y looks very similar to an I.

542
00:40:28.320 --> 00:40:30.400
Their other letters look exactly the same

543
00:40:30.400 --> 00:40:31.720
because they are the same.

544
00:40:31.720 --> 00:40:33.840
It's four letters versus four letters.

545
00:40:33.840 --> 00:40:36.280
Therefore, there's a high likelihood of confusion

546
00:40:36.280 --> 00:40:37.680
because they look the same.

547
00:40:37.680 --> 00:40:42.680
Now, Nike versus Nike, they also sound the same, right?

548
00:40:44.480 --> 00:40:45.600
Well, that's another fact

549
00:40:45.600 --> 00:40:47.440
that it weighs heavily against you.

550
00:40:47.440 --> 00:40:49.440
So now you can stop sharing your screen now.

551
00:40:49.440 --> 00:40:53.760
So I'll go back to sharing mine so everybody can see it.

552
00:40:53.760 --> 00:40:54.760
There it is.

553
00:40:57.200 --> 00:40:59.360
Here we go, share screen.

554
00:41:00.960 --> 00:41:01.800
There it is.

555
00:41:04.320 --> 00:41:07.720
Okay, so now looking at the first factor,

556
00:41:07.720 --> 00:41:12.440
again, N-Y-K-E versus N-I-K-E,

557
00:41:12.440 --> 00:41:15.400
they look similar, that's against you.

558
00:41:15.400 --> 00:41:17.960
Nike versus Nike, they sound exactly the same.

559
00:41:17.960 --> 00:41:19.360
That weighs against you.

560
00:41:20.920 --> 00:41:22.840
The connotation, the commercial impression,

561
00:41:22.840 --> 00:41:26.480
that's really like, how do people feel when they see it?

562
00:41:26.480 --> 00:41:31.160
Like if you got a trademark for Reaper versus Divine,

563
00:41:31.160 --> 00:41:34.240
they have a different feeling, right?

564
00:41:34.240 --> 00:41:35.880
And so it's kind of like the connotation

565
00:41:35.880 --> 00:41:38.240
between the two trademarks.

566
00:41:38.240 --> 00:41:41.880
Nike versus Nike, I don't think one makes you feel

567
00:41:41.880 --> 00:41:43.440
a little different from the other.

568
00:41:43.440 --> 00:41:46.920
I think it's, the feeling is not all that big of a deal.

569
00:41:46.920 --> 00:41:51.520
So factor number one, you lose, okay?

570
00:41:51.520 --> 00:41:52.960
But remember, there's other factors.

571
00:41:52.960 --> 00:41:55.320
So now we look at factor number two.

572
00:41:55.320 --> 00:41:57.480
So we're gonna look at the relatedness,

573
00:41:57.480 --> 00:42:01.280
meaning the goods or services, are they similar?

574
00:42:01.280 --> 00:42:03.480
So one's for sneakers, one's for shoes.

575
00:42:03.480 --> 00:42:05.920
Who actually thinks sneakers are similar to shoes

576
00:42:05.920 --> 00:42:06.880
by a show of hands?

577
00:42:08.720 --> 00:42:12.880
Yeah, so they're both footwear, okay?

578
00:42:12.880 --> 00:42:14.760
Because they're both footwear,

579
00:42:14.760 --> 00:42:18.440
there is some similarity, right?

580
00:42:18.440 --> 00:42:20.040
I mean, it's not exactly the same,

581
00:42:20.040 --> 00:42:22.320
but there is some similarity.

582
00:42:22.320 --> 00:42:24.560
So for that reason, I think that factor

583
00:42:24.560 --> 00:42:26.360
is not great for you either.

584
00:42:27.440 --> 00:42:29.160
Looking at factor number three.

585
00:42:29.160 --> 00:42:33.320
With factor number three, did you hear that?

586
00:42:34.640 --> 00:42:35.760
Did you hear that?

587
00:42:35.760 --> 00:42:38.240
That was a motorcycle that wanted to show off

588
00:42:38.240 --> 00:42:39.760
that it was spring.

589
00:42:39.760 --> 00:42:44.760
So factor number three is basically laying out for you

590
00:42:45.640 --> 00:42:48.880
the actual channels that are used for sale.

591
00:42:48.880 --> 00:42:52.040
So if, remember how earlier I said

592
00:42:52.040 --> 00:42:55.120
I was gonna buy somebody a pair of sneakers?

593
00:42:55.120 --> 00:42:56.200
And I said to them,

594
00:42:56.200 --> 00:42:58.320
I'm gonna get you the sneakers from the dollar store.

595
00:42:58.320 --> 00:43:01.040
And you saw her face, right?

596
00:43:01.040 --> 00:43:04.560
Versus I'm gonna get you a pair of Jordans.

597
00:43:05.480 --> 00:43:06.960
You know, and the Jordans were like,

598
00:43:06.960 --> 00:43:08.440
I think it was Michelle, right?

599
00:43:08.440 --> 00:43:09.560
Michelle, was it you?

600
00:43:09.560 --> 00:43:11.160
Yeah, so it's like, you know,

601
00:43:11.160 --> 00:43:12.560
then Michelle was like, oh, cool.

602
00:43:12.560 --> 00:43:13.840
Like, that's cool.

603
00:43:13.840 --> 00:43:18.120
Well, if one of the items would be sold

604
00:43:18.120 --> 00:43:20.840
in the same area as the other item,

605
00:43:20.840 --> 00:43:23.040
then there's a very high likelihood of confusion

606
00:43:23.040 --> 00:43:26.600
because the public's going to run into both trademarks

607
00:43:26.600 --> 00:43:28.280
at the same time.

608
00:43:28.280 --> 00:43:31.120
If they're both sold at target, bad thing.

609
00:43:32.080 --> 00:43:34.520
If one thing is only sold online,

610
00:43:34.520 --> 00:43:36.520
you can only get it in a private sale

611
00:43:36.520 --> 00:43:38.680
directly from a distributor.

612
00:43:38.680 --> 00:43:41.920
That leads to there being less of a likelihood of confusion.

613
00:43:42.920 --> 00:43:45.440
Okay, all right, number four.

614
00:43:45.440 --> 00:43:47.640
Number four is really looking at

615
00:43:50.280 --> 00:43:52.960
what impulse buyer means is that,

616
00:43:52.960 --> 00:43:56.800
think of, I'll give you a really simple example.

617
00:43:56.800 --> 00:43:59.200
I used to represent a company called Boston Acoustics

618
00:43:59.200 --> 00:44:01.080
and Snell Acoustics, right?

619
00:44:01.080 --> 00:44:04.800
Boston Acoustics sneakers, Boston Acoustics speakers

620
00:44:04.800 --> 00:44:07.440
cost anywhere from a hundred bucks

621
00:44:07.440 --> 00:44:10.640
to maybe 2000, 3000.

622
00:44:10.640 --> 00:44:13.680
Snell Acoustics was typically around 2,500

623
00:44:13.680 --> 00:44:18.040
to like $50,000 for a pair of speakers.

624
00:44:18.040 --> 00:44:22.600
I keep saying sneakers, for a pair of speakers, right?

625
00:44:22.600 --> 00:44:27.600
So you cannot buy Snell Acoustics speakers in a store.

626
00:44:29.320 --> 00:44:31.720
Like they're very hard to find.

627
00:44:31.720 --> 00:44:34.440
Like you typically have to find

628
00:44:34.440 --> 00:44:37.480
some kind of specific distributor

629
00:44:37.480 --> 00:44:38.320
and go to them and say,

630
00:44:38.320 --> 00:44:40.320
I want a Snell Acoustics speaker

631
00:44:40.320 --> 00:44:41.880
because they're very high end.

632
00:44:41.880 --> 00:44:44.720
I know Magnolia started selling them as well

633
00:44:44.720 --> 00:44:47.200
at Best Buy a while ago,

634
00:44:47.200 --> 00:44:49.040
but that was like your 5,000,

635
00:44:49.040 --> 00:44:50.480
which is your $5,000 line,

636
00:44:50.480 --> 00:44:53.120
which is like the lowest line they had.

637
00:44:53.120 --> 00:44:57.160
So the fact is that if the price is very high,

638
00:44:57.160 --> 00:44:58.560
it's not an impulse,

639
00:45:00.000 --> 00:45:04.160
An impulse product is, man, I want that.

640
00:45:04.160 --> 00:45:05.120
Let me just grab it.

641
00:45:05.120 --> 00:45:07.480
So, you know, when you go shopping

642
00:45:07.480 --> 00:45:10.240
and you're on the grocery line and you're checking out

643
00:45:10.240 --> 00:45:11.760
and you're like, I want a stick of gum.

644
00:45:11.760 --> 00:45:13.680
Boom, you just grab it, right?

645
00:45:13.680 --> 00:45:14.560
It's like, who cares?

646
00:45:14.560 --> 00:45:15.920
It's like a buck.

647
00:45:15.920 --> 00:45:17.600
It's not a big deal.

648
00:45:17.600 --> 00:45:21.720
Now, if a stick of gum costs you $3,000,

649
00:45:21.720 --> 00:45:24.640
it would not be an impulse purchase.

650
00:45:24.640 --> 00:45:26.600
That would be a high level,

651
00:45:26.600 --> 00:45:29.040
like full analysis kind of purchase,

652
00:45:29.080 --> 00:45:33.200
a careful, sophisticated individual would be buying that.

653
00:45:33.200 --> 00:45:34.480
All right, so there's a difference

654
00:45:34.480 --> 00:45:36.600
between an impulse product

655
00:45:36.600 --> 00:45:39.640
and a high level of care product.

656
00:45:39.640 --> 00:45:42.600
If it's an impulse product and they look the same,

657
00:45:42.600 --> 00:45:44.320
there's a high level of confusion.

658
00:45:45.920 --> 00:45:50.920
Okay, so again, if the cost is low and they look similar,

659
00:45:52.760 --> 00:45:56.040
high level of confusion right off the bat, okay?

660
00:45:56.880 --> 00:46:00.440
Quantities of the mark, what that really means is that,

661
00:46:00.440 --> 00:46:03.840
what if there's like 20 other trademark registrations

662
00:46:03.840 --> 00:46:05.400
with the word Microsoft in it?

663
00:46:06.440 --> 00:46:07.960
If there's 20 other registrations

664
00:46:07.960 --> 00:46:09.240
with the word Microsoft in it,

665
00:46:09.240 --> 00:46:11.800
there's less of a likelihood of confusion

666
00:46:11.800 --> 00:46:12.640
and you're using it

667
00:46:12.640 --> 00:46:15.360
because a lot of other people are using it.

668
00:46:15.360 --> 00:46:19.080
All right, now what I didn't say, just to be clear,

669
00:46:19.080 --> 00:46:21.560
I mean, other uses as federal registrations.

670
00:46:21.560 --> 00:46:23.600
I don't just mean other people in the public.

671
00:46:23.600 --> 00:46:27.880
Please don't go out there and say to yourself,

672
00:46:27.880 --> 00:46:30.360
well, there's 10 other people using this name too,

673
00:46:30.360 --> 00:46:31.960
I'm gonna use it too.

674
00:46:31.960 --> 00:46:36.320
You may be the only lucky one who gets sued, okay?

675
00:46:36.320 --> 00:46:39.000
I've had people come to me and say,

676
00:46:39.000 --> 00:46:40.920
I don't understand, I got a cease and desist letter,

677
00:46:40.920 --> 00:46:43.640
but there's 10 other companies doing the same thing.

678
00:46:43.640 --> 00:46:45.640
Why did I get sued?

679
00:46:45.640 --> 00:46:48.560
I don't know, maybe that day you wore an ugly tie.

680
00:46:48.560 --> 00:46:49.560
I don't know what it is,

681
00:46:49.560 --> 00:46:52.480
but the fact of the matter is you got sued

682
00:46:52.480 --> 00:46:56.000
and a defense is not, well, your honor, they did it too,

683
00:46:56.000 --> 00:46:59.400
so I shouldn't have gotten sued, that's not a defense.

684
00:46:59.400 --> 00:47:01.800
There is a defense out there,

685
00:47:01.800 --> 00:47:03.080
if this was a group of lawyers

686
00:47:03.080 --> 00:47:04.800
and I go into a lot of detail on this,

687
00:47:04.800 --> 00:47:07.840
but just so you know, this is just an FYI,

688
00:47:07.840 --> 00:47:11.520
there is a defense out there called dilution,

689
00:47:11.520 --> 00:47:12.760
where if a lot of other people

690
00:47:12.760 --> 00:47:15.040
are actually using the trademark and you get sued,

691
00:47:15.040 --> 00:47:16.280
but a lot of people are using it,

692
00:47:16.280 --> 00:47:19.400
you can say that the market is flooded

693
00:47:19.400 --> 00:47:21.760
with other people using the exact same name,

694
00:47:21.760 --> 00:47:23.360
so therefore it's dilute

695
00:47:23.360 --> 00:47:24.200
and you shouldn't be able

696
00:47:24.200 --> 00:47:25.720
to have any legal rights against me.

697
00:47:25.720 --> 00:47:28.000
So that was just a bonus.

698
00:47:28.000 --> 00:47:29.720
If you get in a lot of trouble

699
00:47:29.720 --> 00:47:31.760
and the reason why you actually used it

700
00:47:31.760 --> 00:47:33.240
was because you thought to yourself,

701
00:47:33.240 --> 00:47:35.080
everybody else is using it,

702
00:47:35.080 --> 00:47:36.520
you might wanna mention to your lawyer

703
00:47:36.520 --> 00:47:38.320
a thing called dilution

704
00:47:38.320 --> 00:47:40.640
and then your lawyer can look at it and go,

705
00:47:40.640 --> 00:47:43.040
how in the world did you know about dilution?

706
00:47:43.040 --> 00:47:45.560
That's like an obscure area of the law.

707
00:47:45.560 --> 00:47:47.520
And you could say, I'm just smart,

708
00:47:47.520 --> 00:47:51.400
like I just know all these things, amazing, yeah.

709
00:47:52.040 --> 00:47:54.840
You should pay me, Mr. Lawyer or Ms. Lawyer.

710
00:47:54.840 --> 00:47:58.840
All right, the agreement factor,

711
00:47:58.840 --> 00:48:01.000
really all that's saying is that

712
00:48:02.240 --> 00:48:04.360
if there's some kind of legal agreement

713
00:48:04.360 --> 00:48:05.920
between the parties,

714
00:48:05.920 --> 00:48:08.040
you're not gonna really run into that.

715
00:48:08.040 --> 00:48:10.040
The last factor is another big one,

716
00:48:10.960 --> 00:48:13.040
it's called evidence of actual confusion.

717
00:48:13.040 --> 00:48:16.200
What that actually means is that,

718
00:48:17.560 --> 00:48:19.400
I'll give you an example of this.

719
00:48:19.840 --> 00:48:24.440
Let's say that you're using Nike, NYKE

720
00:48:24.440 --> 00:48:26.600
and somebody sends you a letter

721
00:48:26.600 --> 00:48:28.600
and the letter says,

722
00:48:28.600 --> 00:48:30.080
when I bought your shoes,

723
00:48:30.080 --> 00:48:34.400
I thought I was buying Nike brand shoes,

724
00:48:34.400 --> 00:48:38.480
not NYKE brand shoes.

725
00:48:38.480 --> 00:48:40.760
Send me my money back, I wanna refund.

726
00:48:40.760 --> 00:48:43.640
That's proof of actual confusion.

727
00:48:43.640 --> 00:48:47.600
That is like, that's like the bullet to the heart.

728
00:48:48.040 --> 00:48:50.040
That's the worst one.

729
00:48:50.040 --> 00:48:51.480
If somebody comes to you and says

730
00:48:51.480 --> 00:48:53.680
that they actually got confused,

731
00:48:53.680 --> 00:48:55.400
that's a very bad sign

732
00:48:55.400 --> 00:48:57.680
and you might wanna stop using that trademark.

733
00:48:59.520 --> 00:49:02.600
Those are called the likelihood of confusion factors.

734
00:49:02.600 --> 00:49:04.600
The ones towards the top,

735
00:49:04.600 --> 00:49:07.480
the one towards the top is like the big, big one.

736
00:49:07.480 --> 00:49:09.160
These here are the biggest one.

737
00:49:09.160 --> 00:49:11.080
The last one can be significant,

738
00:49:11.080 --> 00:49:12.440
but it rarely ever happens,

739
00:49:12.440 --> 00:49:14.280
that's why I put it at the end.

740
00:49:14.280 --> 00:49:16.040
So now you actually know

741
00:49:17.040 --> 00:49:19.960
what is actually done in an analysis

742
00:49:19.960 --> 00:49:23.000
to determine whether or not there's trademark infringement.

743
00:49:23.000 --> 00:49:24.120
Now, why do you care?

744
00:49:24.120 --> 00:49:25.760
The reason why you care

745
00:49:25.760 --> 00:49:28.640
is because when you do your trademark searching,

746
00:49:28.640 --> 00:49:29.880
you're gonna keep in mind,

747
00:49:29.880 --> 00:49:33.240
if you find another trademark that looks similar to yours,

748
00:49:33.240 --> 00:49:35.760
you're now gonna go through those factors

749
00:49:35.760 --> 00:49:37.960
and you're gonna say, does it look the same?

750
00:49:37.960 --> 00:49:40.240
Oh yes, it does, that's a negative.

751
00:49:40.240 --> 00:49:41.440
Does it sound the same?

752
00:49:41.440 --> 00:49:43.840
Oh yes, it does, that's a negative.

753
00:49:43.880 --> 00:49:46.360
So now I've got two things that are against me.

754
00:49:47.920 --> 00:49:49.440
So you're gonna look at those factors

755
00:49:49.440 --> 00:49:51.680
and if more of them weigh against you,

756
00:49:51.680 --> 00:49:53.680
find another trademark.

757
00:49:53.680 --> 00:49:55.480
And especially if the first,

758
00:49:55.480 --> 00:49:58.240
if number one or number two is against you,

759
00:49:58.240 --> 00:50:00.200
find another trademark, it's just not.

760
00:50:00.000 --> 00:50:03.400
worth it, you're going to spend more time on lawyers

761
00:50:03.400 --> 00:50:07.120
than you're going to spend marketing or making sales.

762
00:50:07.120 --> 00:50:10.960
And I'd much rather you don't end up in that situation.

763
00:50:10.960 --> 00:50:14.760
Going towards the point of lawyers, first of all,

764
00:50:14.760 --> 00:50:18.000
I touched base on this a second ago.

765
00:50:18.000 --> 00:50:22.440
If you have to hire an attorney in a specific area of law,

766
00:50:22.440 --> 00:50:25.640
what I would do is find a lawyer that you actually trust,

767
00:50:25.640 --> 00:50:28.520
who you actually trust, and then ask them

768
00:50:28.520 --> 00:50:32.360
if they know a lawyer in that area, OK?

769
00:50:32.360 --> 00:50:35.800
The reason why you do this is because you're

770
00:50:35.800 --> 00:50:38.200
holding that lawyer that you do know

771
00:50:38.200 --> 00:50:42.240
accountable to their referral network, right?

772
00:50:42.240 --> 00:50:47.540
It's kind of like, you don't want to go on Google,

773
00:50:47.540 --> 00:50:49.920
you don't want to go online and just find a random lawyer

774
00:50:49.920 --> 00:50:52.720
and spend hundreds of dollars or thousands of dollars with them

775
00:50:52.720 --> 00:50:53.880
if they don't know what they're doing,

776
00:50:53.880 --> 00:50:55.520
because you don't know if they know what they're doing

777
00:50:55.520 --> 00:50:57.100
or they don't know what they're doing.

778
00:50:57.100 --> 00:50:58.360
You have no clue.

779
00:50:58.360 --> 00:51:00.560
That's not your area.

780
00:51:00.560 --> 00:51:03.120
So how are you going to know if they're doing things right

781
00:51:03.120 --> 00:51:03.620
or not?

782
00:51:03.620 --> 00:51:04.640
You're not.

783
00:51:04.640 --> 00:51:07.400
But everybody here should know at least one lawyer

784
00:51:07.400 --> 00:51:09.280
who knows what they're doing.

785
00:51:09.280 --> 00:51:11.720
And if you do, reach out to that lawyer and say, hey,

786
00:51:11.720 --> 00:51:14.160
do you know a lawyer that does wills or trusts?

787
00:51:14.160 --> 00:51:16.360
Do you know a lawyer that does LLCs?

788
00:51:16.360 --> 00:51:18.520
Do you know a lawyer that does this or that?

789
00:51:18.520 --> 00:51:21.160
And what they'll do is they will share with you,

790
00:51:21.160 --> 00:51:24.760
hopefully, their network of lawyers

791
00:51:24.760 --> 00:51:28.040
who actually are really good at what they do.

792
00:51:28.040 --> 00:51:31.040
And so what happens is that if that person messes up,

793
00:51:31.040 --> 00:51:33.800
you reach out to the guy who refers them and say, hey,

794
00:51:33.800 --> 00:51:35.120
such and such messed up.

795
00:51:35.120 --> 00:51:38.120
Now that lawyer is calling that lawyer for you

796
00:51:38.120 --> 00:51:40.040
as well to get things fixed.

797
00:51:40.040 --> 00:51:43.280
You see, referral networks are really

798
00:51:43.280 --> 00:51:46.360
important in the legal industry.

799
00:51:46.360 --> 00:51:51.000
And I can tell you, there are tons, tons and tons and tons

800
00:51:51.000 --> 00:51:54.600
of lawyers in the United States.

801
00:51:54.640 --> 00:51:58.160
But there's very few patent attorneys and very few

802
00:51:58.160 --> 00:51:59.280
IP attorneys.

803
00:51:59.280 --> 00:52:04.520
It's one of the smallest number of attorneys in the entire bar.

804
00:52:04.520 --> 00:52:08.360
I mean, you're talking like really small.

805
00:52:08.360 --> 00:52:10.360
So it's good if you know somebody.

806
00:52:10.360 --> 00:52:11.320
And all of you do know.

807
00:52:11.320 --> 00:52:13.320
You know me now.

808
00:52:13.320 --> 00:52:17.560
And obviously, when you go into the foundations and IP package,

809
00:52:17.560 --> 00:52:20.520
you actually get my whole network as well.

810
00:52:20.520 --> 00:52:22.440
So if you need anyone in any country,

811
00:52:22.440 --> 00:52:24.080
you can use them as well.

812
00:52:25.080 --> 00:52:30.280
I'm going to take two questions.

813
00:52:30.280 --> 00:52:30.960
I know, Ray.

814
00:52:30.960 --> 00:52:31.760
I know.

815
00:52:31.760 --> 00:52:32.440
I know.

816
00:52:32.440 --> 00:52:33.640
I'm not supposed to do this.

817
00:52:33.640 --> 00:52:34.760
I know I don't do this.

818
00:52:34.760 --> 00:52:37.400
But I just went over a lot of things.

819
00:52:37.400 --> 00:52:38.520
I did trademark searching.

820
00:52:38.520 --> 00:52:40.720
I did trademark infringement analysis.

821
00:52:40.720 --> 00:52:43.200
There are a number of things over the last two days.

822
00:52:43.200 --> 00:52:48.800
I just want to let you guys, if anybody has a quick question,

823
00:52:48.800 --> 00:52:51.320
Anthony, you're a VIP.

824
00:52:51.320 --> 00:52:52.720
So go right ahead.

825
00:52:52.720 --> 00:52:53.840
You can ask your question.

826
00:52:54.840 --> 00:52:57.880
Ask your question.

827
00:52:57.880 --> 00:53:01.320
You got to unmute him.

828
00:53:01.320 --> 00:53:02.440
Thank you.

829
00:53:02.440 --> 00:53:03.840
We good?

830
00:53:03.840 --> 00:53:05.600
Yes, go ahead, my friend.

831
00:53:05.600 --> 00:53:08.400
So yeah, thank you.

832
00:53:08.400 --> 00:53:12.280
So when you're opening a company like an LLC or incorporated

833
00:53:12.280 --> 00:53:17.520
or in a state, is there no accountability

834
00:53:17.520 --> 00:53:20.600
to the government institutes for a name?

835
00:53:20.680 --> 00:53:23.960
So say you want to open a business in a certain name

836
00:53:23.960 --> 00:53:28.360
and that already has a trademark or something against it.

837
00:53:28.360 --> 00:53:30.680
Is there no accountability to those institutes

838
00:53:30.680 --> 00:53:34.000
that are allowing you to do that?

839
00:53:34.000 --> 00:53:34.920
Does that make sense?

840
00:53:34.920 --> 00:53:36.560
I'm not sure I understand your question.

841
00:53:36.560 --> 00:53:38.080
Say it again.

842
00:53:38.080 --> 00:53:41.080
So for example, if I had a name, say I wanted to say Nike.

843
00:53:41.080 --> 00:53:44.520
I wanted to open a business called Nike here in Georgia.

844
00:53:44.520 --> 00:53:48.440
And Nike already has their trademark and everything.

845
00:53:48.440 --> 00:53:51.840
And the Georgia registrar office or whatever

846
00:53:51.840 --> 00:53:55.880
where I'm opening the business allow me to open the business.

847
00:53:55.880 --> 00:53:59.440
So where is the accountability for some institutions

848
00:53:59.440 --> 00:54:01.200
like that or like a government institute?

849
00:54:01.200 --> 00:54:03.200
That is an amazing question, Anthony.

850
00:54:03.200 --> 00:54:06.160
And I ask that exact same question every year.

851
00:54:06.160 --> 00:54:08.240
Where is the accountability?

852
00:54:08.240 --> 00:54:11.720
In my opinion, what should happen

853
00:54:11.720 --> 00:54:14.800
is there should be a connection between the United States

854
00:54:14.800 --> 00:54:18.920
Patent and Trademark Office and the Secretary of State

855
00:54:18.920 --> 00:54:19.880
of every single state.

856
00:54:19.880 --> 00:54:21.320
But they're not connected.

857
00:54:21.320 --> 00:54:25.360
Now, part of the reason why that might be

858
00:54:25.360 --> 00:54:28.240
is because they don't want the liability.

859
00:54:28.240 --> 00:54:29.840
It could be that the government doesn't

860
00:54:29.840 --> 00:54:32.760
want the associated liability with having you go in

861
00:54:32.760 --> 00:54:34.480
and do a search and thinking it's clear.

862
00:54:34.480 --> 00:54:36.360
And then you file a registration.

863
00:54:36.360 --> 00:54:37.640
And then you go, well, hold it.

864
00:54:37.640 --> 00:54:39.680
You said it was clear.

865
00:54:39.680 --> 00:54:42.280
And it's really not clear.

866
00:54:42.280 --> 00:54:44.640
And so now you go after the Secretary of State

867
00:54:44.640 --> 00:54:48.400
and say, well, I just got sued for $250,000

868
00:54:48.400 --> 00:54:49.600
for trademark infringement.

869
00:54:49.600 --> 00:54:52.320
It's your fault because you said it was clear.

870
00:54:52.320 --> 00:54:53.960
I used your database.

871
00:54:53.960 --> 00:54:55.280
Your database is wrong.

872
00:54:55.280 --> 00:54:58.120
They probably just don't want that liability.

873
00:54:58.120 --> 00:54:58.960
And so I don't know.

874
00:54:58.960 --> 00:55:01.160
Don't they have it already though?

875
00:55:00.000 --> 00:55:08.120
Not really, because the Secretary of State is not listing federally registered trademarks.

876
00:55:08.120 --> 00:55:10.880
It's listing business names.

877
00:55:10.880 --> 00:55:12.880
It's only listing business names.

878
00:55:12.880 --> 00:55:15.400
So let's go to Ray.

879
00:55:15.400 --> 00:55:18.840
We actually have this on the form.

880
00:55:18.840 --> 00:55:22.120
Can you drop the link for the Secretary of State?

881
00:55:22.120 --> 00:55:23.120
If you see.

882
00:55:23.120 --> 00:55:24.120
Yeah, go on.

883
00:55:24.120 --> 00:55:26.640
I got to know which link you're talking about.

884
00:55:26.640 --> 00:55:29.280
Sarah's responding in the chat.

885
00:55:29.600 --> 00:55:30.600
No problem.

886
00:55:30.600 --> 00:55:32.600
Let me see if I can find it real quick for everybody.

887
00:55:32.600 --> 00:55:33.600
Here we go.

888
00:55:33.600 --> 00:55:37.400
I'm going to show you guys real quick what it looks like.

889
00:55:37.400 --> 00:55:38.400
I already found it.

890
00:55:38.400 --> 00:55:39.400
Here we go.

891
00:55:39.400 --> 00:55:40.400
Okay.

892
00:55:40.400 --> 00:55:41.400
Secretary of State.

893
00:55:41.400 --> 00:55:42.400
Okay.

894
00:55:42.400 --> 00:55:43.400
VIP.

895
00:55:43.400 --> 00:55:44.400
There's all the links.

896
00:55:44.400 --> 00:55:45.400
And Wayback Machine IPO.

897
00:55:45.400 --> 00:55:46.400
Wow.

898
00:55:46.400 --> 00:55:47.400
We give out a lot of links.

899
00:55:47.400 --> 00:55:48.400
Let's see.

900
00:55:48.400 --> 00:55:49.400
I don't see the Secretary of State one.

901
00:55:49.400 --> 00:55:50.400
Yeah.

902
00:55:50.400 --> 00:55:51.400
I didn't think it was on that machine.

903
00:55:51.400 --> 00:55:52.400
It's on the Chi Chi?

904
00:55:52.400 --> 00:55:53.400
No.

905
00:55:53.400 --> 00:55:54.400
I was going to say I didn't think it was.

906
00:55:54.400 --> 00:55:55.400
That's why I was like, wait, what is it I'm looking for?

907
00:55:55.400 --> 00:55:56.400
Because I was going to have to go hunt it down.

908
00:55:56.400 --> 00:55:57.400
That's okay.

909
00:55:57.400 --> 00:55:58.400
I'll find it real fast.

910
00:55:58.400 --> 00:55:59.400
Let's see.

911
00:55:59.400 --> 00:56:00.400
Secretary of State.

912
00:56:00.400 --> 00:56:01.400
Okay.

913
00:56:01.400 --> 00:56:02.400
VIP.

914
00:56:02.400 --> 00:56:03.400
There's all the links.

915
00:56:03.400 --> 00:56:04.400
And Wayback Machine IPO.

916
00:56:04.400 --> 00:56:05.400
Wow.

917
00:56:05.400 --> 00:56:06.400
We give out a lot of links.

918
00:56:06.400 --> 00:56:07.400
Let's see.

919
00:56:07.400 --> 00:56:08.400
I don't see the Secretary of State one.

920
00:56:08.400 --> 00:56:09.400
Yeah.

921
00:56:09.400 --> 00:56:10.400
I didn't think it was on that machine.

922
00:56:10.400 --> 00:56:11.400
It's on the Chi Chi?

923
00:56:11.400 --> 00:56:12.400
No.

924
00:56:12.400 --> 00:56:13.400
I was going to say I didn't think it was.

925
00:56:14.400 --> 00:56:15.400
I was going to have to go hunt it down.

926
00:56:15.400 --> 00:56:16.400
That's okay.

927
00:56:16.400 --> 00:56:17.400
I'll find it real fast.

928
00:56:17.400 --> 00:56:18.400
Let's see.

929
00:56:18.400 --> 00:56:19.400
Secretary of State.

930
00:56:19.400 --> 00:56:22.400
While you're hunting that down, I want to answer a question here in the chat.

931
00:56:22.400 --> 00:56:26.400
What is the difference between VIP and the foundations and IP package?

932
00:56:26.400 --> 00:56:30.400
So our VIP is a session that we have after the challenge is done here.

933
00:56:30.400 --> 00:56:35.400
We go into a group and you get to do a much deeper dive on topics.

934
00:56:35.400 --> 00:56:37.400
And we have live Q&As with Peter.

935
00:56:37.400 --> 00:56:39.400
So that's our VIP sessions.

936
00:56:39.400 --> 00:56:42.400
And I'll drop a link if you want to join that group.

937
00:56:42.400 --> 00:56:46.400
And then the foundations and IP is the audit that we are offering.

938
00:56:46.400 --> 00:56:50.400
And if you watch the day one replay, you can get all the details on that audit.

939
00:56:50.400 --> 00:56:56.400
We'll go through the foundations and IP package one more time.

940
00:56:56.400 --> 00:56:59.400
I think tomorrow.

941
00:56:59.400 --> 00:57:00.400
Yeah.

942
00:57:00.400 --> 00:57:02.400
So we'll do it tomorrow again so people understand it.

943
00:57:02.400 --> 00:57:08.400
And then that door closes Friday at midnight because a lot of people tend

944
00:57:08.400 --> 00:57:09.400
to want to do that.

945
00:57:09.400 --> 00:57:11.400
And we can only take up to 20 people.

946
00:57:11.400 --> 00:57:14.400
Basically, it sets your company straight.

947
00:57:14.400 --> 00:57:17.400
I mean, we've had tons of people do this.

948
00:57:17.400 --> 00:57:20.400
And there have been ridiculous reviews.

949
00:57:20.400 --> 00:57:24.400
If you want to learn more about it, we can send you the actual review reel.

950
00:57:24.400 --> 00:57:28.400
There's like 18, 20 reviews that have been done already.

951
00:57:28.400 --> 00:57:31.400
I should post that on Facebook.

952
00:57:31.400 --> 00:57:33.400
You probably should.

953
00:57:33.400 --> 00:57:35.400
Just let them see some of that so they understand.

954
00:57:35.400 --> 00:57:36.400
All right.

955
00:57:36.400 --> 00:57:37.400
So I already found it.

956
00:57:37.400 --> 00:57:41.400
So let me share my screen so everybody can see this.

957
00:57:41.400 --> 00:57:47.400
So, yeah, the VIP, there's like a 10-minute break after we're done here.

958
00:57:47.400 --> 00:57:50.400
We'll be done probably in five minutes.

959
00:57:50.400 --> 00:57:52.400
And then we're going to take a 10-minute break.

960
00:57:52.400 --> 00:57:54.400
And then we'll jump into VIP.

961
00:57:54.400 --> 00:57:56.400
And VIP, we go deep.

962
00:57:56.400 --> 00:58:00.400
In fact, today, if you guys aren't registered VIP and you want to learn how

963
00:58:00.400 --> 00:58:03.400
to do a trademark search, you better join VIP now, honestly,

964
00:58:03.400 --> 00:58:07.400
because you're not going to learn how to do a trademark application from

965
00:58:07.400 --> 00:58:08.400
scratch from a lawyer.

966
00:58:08.400 --> 00:58:10.400
It's not going to happen.

967
00:58:10.400 --> 00:58:13.400
And I'm going to teach you all the parts of actually filing a trademark

968
00:58:13.400 --> 00:58:14.400
application live.

969
00:58:14.400 --> 00:58:16.400
Not so that you go out there and do it,

970
00:58:16.400 --> 00:58:18.400
but so that you actually understand all the parts and you can prepare

971
00:58:18.400 --> 00:58:23.400
everything when you give it to an attorney so you spend like 50% less than

972
00:58:23.400 --> 00:58:25.400
what it would normally cost.

973
00:58:25.400 --> 00:58:27.400
I just said cast.

974
00:58:27.400 --> 00:58:28.400
It makes no sense.

975
00:58:28.400 --> 00:58:31.400
Anyways, Secretary of State, all right, here we go.

976
00:58:32.400 --> 00:58:36.400
And just so you know, VIP costs 195 more.

977
00:58:36.400 --> 00:58:41.400
You're getting five more hours with me at my $600 an hour rate.

978
00:58:41.400 --> 00:58:43.400
So you're getting at least $3,000 worth of value.

979
00:58:43.400 --> 00:58:47.400
Separately, you're learning how to do trademark applications.

980
00:58:47.400 --> 00:58:50.400
You're also able to ask questions.

981
00:58:50.400 --> 00:58:51.400
Some of you here are in VIP.

982
00:58:51.400 --> 00:58:53.400
Just raise your hand.

983
00:58:53.400 --> 00:58:54.400
All right.

984
00:58:54.400 --> 00:58:56.400
So I see a lot of people are VIP.

985
00:58:56.400 --> 00:59:01.400
So they're actually, actually able to ask me questions live.

986
00:59:01.400 --> 00:59:04.400
And they have been asking me questions and getting feedback, right guys?

987
00:59:04.400 --> 00:59:06.400
Have you guys been getting feedback? Yeah.

988
00:59:06.400 --> 00:59:09.400
So you can ask them in the chat, whether it's worth it.

989
00:59:09.400 --> 00:59:11.400
They'll let you know.

990
00:59:11.400 --> 00:59:14.400
I'm just doing this because I want, I truly want to see you guys succeed,

991
00:59:14.400 --> 00:59:17.400
but the offer is completely different.

992
00:59:17.400 --> 00:59:22.400
The way the offer is the offer has so many components to it,

993
00:59:22.400 --> 00:59:25.400
but the main thing is I sit down with you for two to three hours,

994
00:59:25.400 --> 00:59:29.400
assess you, your company, all the assets that you have,

995
00:59:29.400 --> 00:59:30.400
things you want to do in the future,

996
00:59:30.400 --> 00:59:34.400
things that you're doing now and give you a game plan of what to do.

997
00:59:34.400 --> 00:59:35.400
Right.

998
00:59:35.400 --> 00:59:39.400
And you get a copy of the, you get a video recording of the entire session.

999
00:59:39.400 --> 00:59:41.400
Right. Which is great.

1000
00:59:41.400 --> 00:59:45.400
So you can go back to it as long as you want and continue seeing,

1001
00:59:45.400 --> 00:59:46.400
well, what does he, I don't understand.

1002
00:59:46.400 --> 00:59:49.400
What do you mean by there being, you know,

1003
00:59:49.400 --> 00:59:51.400
an issue with the domain name issue here,

1004
00:59:51.400 --> 00:59:53.400
or there was a trademark infringement there.

1005
00:59:54.400 --> 00:59:57.400
What was that registration number that was an issue when he did a search

1006
00:59:57.400 --> 00:59:59.400
live? It's all in the video.

1007
01:00:00.000 --> 01:00:00.840
and it's all yours.

1008
01:00:00.840 --> 01:00:03.080
I just give it to you, okay?

1009
01:00:03.080 --> 01:00:04.160
And then separate from that,

1010
01:00:04.160 --> 01:00:07.720
you go into my private network called the Protection Portal.

1011
01:00:07.720 --> 01:00:09.920
That's available for the entire year.

1012
01:00:09.920 --> 01:00:12.400
Once a month, I go live for an hour and a half,

1013
01:00:12.400 --> 01:00:14.720
answer all your questions and continue to train you

1014
01:00:14.720 --> 01:00:16.320
like we do in VIP.

1015
01:00:16.320 --> 01:00:18.120
So it's like, it never stops.

1016
01:00:18.120 --> 01:00:20.680
And you can bring your real life situations into that

1017
01:00:20.680 --> 01:00:23.560
and ask questions without getting legal advice.

1018
01:00:23.560 --> 01:00:24.720
I need to take a drink.

1019
01:00:26.100 --> 01:00:28.160
Without getting legal advice.

1020
01:00:28.160 --> 01:00:32.920
And I give you some insight into what the law says

1021
01:00:32.920 --> 01:00:34.040
that'll help you out.

1022
01:00:34.040 --> 01:00:36.160
So it's almost like getting,

1023
01:00:36.160 --> 01:00:37.960
somebody actually used a quote of saying,

1024
01:00:37.960 --> 01:00:40.420
and basically it's like getting legal insurance.

1025
01:00:40.420 --> 01:00:42.640
I would never use those words because I'm a lawyer,

1026
01:00:42.640 --> 01:00:45.040
but in any case, that's what they call it, right?

1027
01:00:45.040 --> 01:00:47.240
And there's a lot of people that are doing it right now.

1028
01:00:47.240 --> 01:00:51.160
We have like 90, 80, 90 people that are in there at least.

1029
01:00:51.160 --> 01:00:52.920
So, all right.

1030
01:00:52.920 --> 01:00:56.480
So this is the Secretary of State site.

1031
01:00:56.480 --> 01:00:58.120
Can everybody see this?

1032
01:00:58.960 --> 01:00:59.800
This is an example of one.

1033
01:00:59.800 --> 01:01:00.760
This is for New Hampshire.

1034
01:01:00.760 --> 01:01:03.880
So you see how it has business name.

1035
01:01:03.880 --> 01:01:06.560
So you would type in the business name here

1036
01:01:06.560 --> 01:01:07.400
for New Hampshire.

1037
01:01:07.400 --> 01:01:11.360
So like A to E challenges.

1038
01:01:11.360 --> 01:01:15.720
Please enter CAPTCHA text, show me surrounding business.

1039
01:01:15.720 --> 01:01:17.660
Oh, sorry.

1040
01:01:17.660 --> 01:01:20.720
I have to prove that I'm not a machine,

1041
01:01:20.720 --> 01:01:23.400
even though I feel like a machine at times.

1042
01:01:23.400 --> 01:01:24.580
Sorry, here we go.

1043
01:01:28.480 --> 01:01:30.960
Now it does it's search.

1044
01:01:30.960 --> 01:01:33.360
Well, and there's A to E challenges.

1045
01:01:35.000 --> 01:01:35.840
Let's see.

1046
01:01:36.960 --> 01:01:40.120
So you see, this is one that we actually,

1047
01:01:40.120 --> 01:01:41.880
we actually formed a while ago

1048
01:01:41.880 --> 01:01:43.960
and we're not really using it for anything right now.

1049
01:01:43.960 --> 01:01:46.360
So we don't, it actually says not in good standing

1050
01:01:46.360 --> 01:01:48.280
because we never filed a renewal.

1051
01:01:48.280 --> 01:01:49.760
So when you actually file a renewal,

1052
01:01:49.760 --> 01:01:51.200
it puts you back in good standing.

1053
01:01:51.200 --> 01:01:53.400
So we're not really using it for anything.

1054
01:01:53.400 --> 01:01:55.080
So it doesn't matter,

1055
01:01:55.080 --> 01:01:57.080
but that's how you actually do a search.

1056
01:01:58.800 --> 01:02:00.000
What is this?

1057
01:02:00.000 --> 01:02:02.200
Confirmed submission.

1058
01:02:02.200 --> 01:02:03.040
Okay.

1059
01:02:03.040 --> 01:02:05.760
So that you go on to Secretary of State site

1060
01:02:05.760 --> 01:02:07.440
and why is it doing that?

1061
01:02:09.640 --> 01:02:10.480
Okay.

1062
01:02:10.480 --> 01:02:13.960
So the issue that Anthony raised was,

1063
01:02:13.960 --> 01:02:16.560
well, why isn't this connected to trademarks?

1064
01:02:16.560 --> 01:02:19.160
Is because it's only looking at business names.

1065
01:02:19.160 --> 01:02:21.120
It's not looking at anything else.

1066
01:02:22.120 --> 01:02:24.960
And the big concern with that is that

1067
01:02:24.960 --> 01:02:26.840
if somebody owns A to E challenges

1068
01:02:26.840 --> 01:02:29.680
as a federal registration, you'll never know.

1069
01:02:29.680 --> 01:02:31.000
So if I look up,

1070
01:02:32.600 --> 01:02:35.360
let me think of a federal registration that's out there

1071
01:02:35.360 --> 01:02:38.080
that's not in New Hampshire.

1072
01:02:40.160 --> 01:02:42.120
Let's see.

1073
01:02:42.120 --> 01:02:44.560
What's a big company that may not be-

1074
01:02:44.560 --> 01:02:45.400
Nintendo.

1075
01:02:46.680 --> 01:02:47.520
Nintendo?

1076
01:02:47.520 --> 01:02:49.240
I don't know.

1077
01:02:49.240 --> 01:02:50.080
Let's see.

1078
01:02:51.120 --> 01:02:52.160
Oh gosh.

1079
01:02:52.160 --> 01:02:54.360
How many times do I have to prove I'm not a computer?

1080
01:02:54.360 --> 01:02:55.720
All right, let's see.

1081
01:02:56.320 --> 01:02:57.160
Okay.

1082
01:02:57.160 --> 01:02:58.760
Hashtag not a robot.

1083
01:02:58.760 --> 01:03:00.480
I'd say something like Walmart.

1084
01:03:00.480 --> 01:03:02.120
Walmart is somebody probably-

1085
01:03:02.120 --> 01:03:04.440
Walmart's in New Hampshire.

1086
01:03:04.440 --> 01:03:06.800
New Hampshire has a lot of different companies.

1087
01:03:07.880 --> 01:03:09.560
Yeah, Nintendo's registered here.

1088
01:03:09.560 --> 01:03:10.800
They're registered here.

1089
01:03:11.840 --> 01:03:13.640
They actually registered their name here.

1090
01:03:13.640 --> 01:03:14.760
They're smart.

1091
01:03:14.760 --> 01:03:18.360
So, but you can end up with a big business

1092
01:03:18.360 --> 01:03:21.600
that actually doesn't register their name in the state.

1093
01:03:21.600 --> 01:03:23.280
And the result is you think it's clear

1094
01:03:23.280 --> 01:03:25.000
and you end up in a lawsuit.

1095
01:03:25.000 --> 01:03:28.480
So make sure that you do a separate trademark search, okay?

1096
01:03:28.480 --> 01:03:30.360
And let me close on this.

1097
01:03:30.360 --> 01:03:32.800
This will take two minutes and then we'll close.

1098
01:03:34.800 --> 01:03:36.920
In VIP, we're gonna go through all the parts

1099
01:03:36.920 --> 01:03:38.120
of a trademark application,

1100
01:03:38.120 --> 01:03:40.800
but here are the main parts.

1101
01:03:40.800 --> 01:03:43.680
You have like the company name,

1102
01:03:43.680 --> 01:03:46.680
the state of incorporation, the address,

1103
01:03:46.680 --> 01:03:49.640
the attorney name, the trademark.

1104
01:03:49.640 --> 01:03:52.440
If it's a wordmark or if it's a logo,

1105
01:03:52.440 --> 01:03:54.800
you have to designate which one it is.

1106
01:03:55.600 --> 01:03:57.360
You need the international class.

1107
01:03:57.360 --> 01:04:00.720
You need the list of the goods or services

1108
01:04:00.720 --> 01:04:02.280
that you're including in the filing.

1109
01:04:02.280 --> 01:04:04.400
And then you have to say if it's an actual use

1110
01:04:04.400 --> 01:04:06.360
or an intent to use application.

1111
01:04:06.360 --> 01:04:09.520
Okay, those are the main components that are part of it.

1112
01:04:09.520 --> 01:04:11.320
And you guys will get the video from this

1113
01:04:11.320 --> 01:04:13.640
so you can listen to this again, okay?

1114
01:04:13.640 --> 01:04:15.040
Those are the main components.

1115
01:04:15.040 --> 01:04:16.960
If you're not sure of any of those things,

1116
01:04:16.960 --> 01:04:18.680
you're gonna wanna figure those things out

1117
01:04:18.680 --> 01:04:21.040
before you go to an attorney, all right?

1118
01:04:21.040 --> 01:04:23.880
And that'll help to keep your costs down, all right?

1119
01:04:23.880 --> 01:04:27.480
And with that, I'm going to close.

1120
01:04:27.480 --> 01:04:29.480
We're a few minutes over.

1121
01:04:29.480 --> 01:04:31.680
We're gonna take a 10-minute break.

1122
01:04:31.680 --> 01:04:36.280
And at 8.18, we'll jump into VIP.

1123
01:04:36.280 --> 01:04:39.920
Guys, if you're like fading at all, wake up

1124
01:04:39.920 --> 01:04:42.480
because we're gonna go into a lot of detail

1125
01:04:42.480 --> 01:04:43.720
on a trademark application

1126
01:04:43.720 --> 01:04:45.760
and you're gonna wanna know all these parts

1127
01:04:45.760 --> 01:04:48.160
because this is where you're gonna ask a lot of questions.

1128
01:04:48.160 --> 01:04:50.360
You're gonna go, well, what does that button do?

1129
01:04:50.360 --> 01:04:51.200
I don't understand.

1130
01:04:51.200 --> 01:04:52.040
What is this?

1131
01:04:52.040 --> 01:04:52.880
What is that?

1132
01:04:52.880 --> 01:04:54.120
Take it slow.

1133
01:04:54.120 --> 01:04:57.000
That's what the whole session is for today, okay?

1134
01:04:57.000 --> 01:04:58.680
All right, well, bless you guys.

1135
01:04:58.680 --> 01:05:00.280
I hope this is helping you guys.

1136
01:05:00.000 --> 01:05:04.440
And tomorrow we're jumping in deep into copyrights.

1137
01:05:04.440 --> 01:05:06.720
We're gonna be covering some AI issues.

1138
01:05:06.720 --> 01:05:09.920
We're gonna cover publishing.

1139
01:05:09.920 --> 01:05:14.720
We'll cover videos, websites, funnels.

1140
01:05:14.720 --> 01:05:16.080
I mean, you name it.

1141
01:05:16.080 --> 01:05:18.880
We're gonna cover a lot of different things in copyrights,

1142
01:05:18.880 --> 01:05:21.080
okay, during tomorrow.

1143
01:05:21.080 --> 01:05:24.520
And chances are we'll probably go over,

1144
01:05:24.520 --> 01:05:27.400
which means we'll probably tail into a little bit of

1145
01:05:28.400 --> 01:05:31.080
Friday in the very beginning,

1146
01:05:31.080 --> 01:05:34.400
and then we'll jump into patents, okay?

1147
01:05:34.400 --> 01:05:38.560
I'm going to drop a scenario for all of you in Facebook.

1148
01:05:38.560 --> 01:05:43.320
The scenario is something that I go over on the last day.

1149
01:05:43.320 --> 01:05:45.920
All right, I'll have to show it to you real fast.

1150
01:05:45.920 --> 01:05:47.320
Let me just show it to you.

1151
01:05:48.800 --> 01:05:50.120
Rae, do you have the scenario?

1152
01:05:50.120 --> 01:05:51.800
Can you just pull it up?

1153
01:05:51.800 --> 01:05:53.800
Actually, I don't know if I do, but I'll take a look.

1154
01:05:53.800 --> 01:05:54.840
Hold on.

1155
01:05:54.840 --> 01:05:56.440
Thanks.

1156
01:05:56.440 --> 01:05:57.800
I'm going to throw it in the group anyway,

1157
01:05:57.800 --> 01:06:00.600
but just in case you have it, I want to show it to them.

1158
01:06:02.880 --> 01:06:04.880
Let me look at my bag of tricks.

1159
01:06:06.320 --> 01:06:09.160
I like to spoon-feed people instead of like-

1160
01:06:09.160 --> 01:06:10.000
I do.

1161
01:06:11.360 --> 01:06:12.880
Let me see.

1162
01:06:12.880 --> 01:06:14.640
Here, I can share.

1163
01:06:16.720 --> 01:06:18.760
It's the IP scenario.

1164
01:06:18.760 --> 01:06:20.560
Oh yeah, I already found it.

1165
01:06:20.560 --> 01:06:21.920
Yeah, you got it here.

1166
01:06:21.920 --> 01:06:22.760
You got it?

1167
01:06:22.760 --> 01:06:24.200
Too slow, Mojo, too slow, Mojo.

1168
01:06:25.160 --> 01:06:26.400
I know.

1169
01:06:27.120 --> 01:06:29.200
This scenario is going to be dropped

1170
01:06:29.200 --> 01:06:31.760
in the Facebook group for you tonight.

1171
01:06:32.840 --> 01:06:36.920
This is a very basic, simple scenario.

1172
01:06:36.920 --> 01:06:39.520
It's like running a company.

1173
01:06:39.520 --> 01:06:43.320
The reason why I have this scenario laid out for you

1174
01:06:43.320 --> 01:06:45.320
is I want you to look at this

1175
01:06:45.320 --> 01:06:47.080
and see if you can figure out

1176
01:06:47.080 --> 01:06:50.120
the areas of intellectual property law

1177
01:06:50.120 --> 01:06:52.120
associated with each line.

1178
01:06:53.320 --> 01:06:54.720
As you look at line number one,

1179
01:06:54.720 --> 01:06:58.120
and it says you own a small company called Burger Town.

1180
01:06:58.120 --> 01:07:00.040
What area of intellectual property law

1181
01:07:00.040 --> 01:07:01.760
is potentially associated with that?

1182
01:07:01.760 --> 01:07:06.080
By the last day, you will know every single line in this.

1183
01:07:06.080 --> 01:07:07.360
I'm giving this to you now,

1184
01:07:07.360 --> 01:07:09.680
so you can look at it now and kind of,

1185
01:07:09.680 --> 01:07:11.840
and see, you know, oh, I'm sure about this.

1186
01:07:11.840 --> 01:07:13.360
I'm not sure about that.

1187
01:07:13.360 --> 01:07:14.200
That's fine.

1188
01:07:14.200 --> 01:07:16.080
Like, you're just starting, all right?

1189
01:07:16.080 --> 01:07:18.080
But by the last day,

1190
01:07:18.080 --> 01:07:20.840
you will know every area of intellectual property law

1191
01:07:20.840 --> 01:07:24.360
associated with that entire scenario, okay?

1192
01:07:24.360 --> 01:07:26.320
And that makes it so that you can do

1193
01:07:26.320 --> 01:07:27.800
very well as a business.

1194
01:07:27.800 --> 01:07:29.960
What I wanna do is make sure you're well-equipped

1195
01:07:29.960 --> 01:07:32.080
as a business to succeed.

1196
01:07:32.080 --> 01:07:34.800
And you don't have to be an expert in any area,

1197
01:07:34.800 --> 01:07:37.080
but you should be able to issue spot.

1198
01:07:37.080 --> 01:07:39.680
As an aside for you, as a business owner,

1199
01:07:39.680 --> 01:07:42.400
the most successful business owners

1200
01:07:42.400 --> 01:07:45.920
often are not experts in everything, right?

1201
01:07:45.920 --> 01:07:48.040
They may be an expert in like one thing,

1202
01:07:48.040 --> 01:07:52.520
but they're really, really, really good at spotting things.

1203
01:07:52.520 --> 01:07:54.360
Like, they see a scenario and they're like,

1204
01:07:54.360 --> 01:07:55.520
there's something wrong here.

1205
01:07:55.520 --> 01:07:57.960
I need to get somebody to take care of that,

1206
01:07:57.960 --> 01:07:59.960
even though they don't know that area well.

1207
01:07:59.960 --> 01:08:03.720
That's what we're training you to do, to issue spot, okay?

1208
01:08:03.720 --> 01:08:05.640
And if you're a coach,

1209
01:08:05.640 --> 01:08:09.360
you're gonna be able to train others in this as well.

1210
01:08:09.360 --> 01:08:10.880
That's gonna increase your value,

1211
01:08:10.880 --> 01:08:13.120
which means that you can increase your costs

1212
01:08:13.120 --> 01:08:15.040
for providing your services,

1213
01:08:15.040 --> 01:08:17.840
because you'll be one of the few coaches that exist

1214
01:08:17.840 --> 01:08:21.840
that actually understands intellectual property law, okay?

1215
01:08:21.840 --> 01:08:22.680
All right.

1216
01:08:22.680 --> 01:08:24.800
And with that, I'm really gonna close.

1217
01:08:24.800 --> 01:08:27.120
This is kind of like the ending of a sermon at church,

1218
01:08:27.120 --> 01:08:27.960
right?

1219
01:08:27.960 --> 01:08:29.640
It's like, oh, and one last thing.

1220
01:08:29.640 --> 01:08:32.800
And then like four things later, it's like,

1221
01:08:32.800 --> 01:08:34.840
oh, and one more thing.

1222
01:08:34.840 --> 01:08:37.319
It's like, oh, and then this one more thing too.

1223
01:08:37.319 --> 01:08:39.279
It's like, oh, and I remember this too.

1224
01:08:40.479 --> 01:08:41.319
And I do.

1225
01:08:41.319 --> 01:08:42.240
That's why I laughed at Peter when he said,

1226
01:08:42.240 --> 01:08:43.359
I'll take two questions,

1227
01:08:43.359 --> 01:08:45.840
because I knew what this meant.

1228
01:08:45.840 --> 01:08:47.000
I know.

1229
01:08:47.000 --> 01:08:49.680
This is, honestly, this is my most fun in the day.

1230
01:08:49.680 --> 01:08:51.040
I love doing this.

1231
01:08:51.040 --> 01:08:53.000
This is so much fun.

1232
01:08:53.000 --> 01:08:53.840
Homework.

1233
01:08:53.840 --> 01:08:54.680
I'll give you homework.

1234
01:08:54.680 --> 01:08:55.520
All right.

1235
01:08:55.520 --> 01:08:57.399
Homework is for everybody to go home

1236
01:08:57.399 --> 01:08:59.439
and do a trademark search,

1237
01:08:59.439 --> 01:09:01.560
either for your own company,

1238
01:09:01.560 --> 01:09:03.560
and please don't freak out.

1239
01:09:03.560 --> 01:09:05.240
I mean, this happens every single time.

1240
01:09:05.240 --> 01:09:06.560
People do a search.

1241
01:09:06.560 --> 01:09:08.479
They find out that there's a federal registration

1242
01:09:08.479 --> 01:09:10.200
for their own company name,

1243
01:09:10.200 --> 01:09:13.600
and they come back panicking, like literally.

1244
01:09:13.600 --> 01:09:15.479
Like the chat is, they're like,

1245
01:09:15.479 --> 01:09:17.760
oh my gosh, I'm gonna get sued.

1246
01:09:17.760 --> 01:09:18.960
This is horrible.

1247
01:09:18.960 --> 01:09:20.479
We're gonna have to change this and that.

1248
01:09:21.160 --> 01:09:24.560
Just realize nothing has changed from yesterday and today,

1249
01:09:24.560 --> 01:09:27.560
except now you have knowledge of the issue.

1250
01:09:27.560 --> 01:09:29.960
So then I'd rather you find out

1251
01:09:29.960 --> 01:09:32.680
about something potentially being wrong

1252
01:09:32.680 --> 01:09:35.040
while I'm in your presence

1253
01:09:35.040 --> 01:09:37.800
so that we can potentially fix it

1254
01:09:37.800 --> 01:09:42.439
than to find out later through a lawsuit

1255
01:09:42.439 --> 01:09:44.200
or through a cease and desist

1256
01:09:44.200 --> 01:09:46.800
where you don't have anybody who cares about you,

1257
01:09:46.800 --> 01:09:49.680
around you, and then you're in panic mode.

1258
01:09:50.000 --> 01:09:52.200
Let's figure it out together now

1259
01:09:52.200 --> 01:09:54.120
so that you're successful, okay?

1260
01:09:54.120 --> 01:09:57.040
So everybody go home, do your searches.

1261
01:09:57.040 --> 01:09:58.800
It should take you a few minutes.

1262
01:09:58.800 --> 01:10:00.120
It's a free tool.

1263
01:10:00.000 --> 01:10:01.680
Well, you have access to it.

1264
01:10:01.680 --> 01:10:04.480
Go to uspto.gov, click trademarks, click search,

1265
01:10:04.480 --> 01:10:06.080
search for your company names,

1266
01:10:06.080 --> 01:10:08.560
search for your product or services names

1267
01:10:08.560 --> 01:10:09.600
and see what's out there.

1268
01:10:09.600 --> 01:10:14.360
And you might be a little surprised and that's okay.

1269
01:10:14.360 --> 01:10:16.160
We'll get through it.

1270
01:10:16.160 --> 01:10:17.280
And now I'm really done.

1271
01:10:17.280 --> 01:10:19.920
All right, you guys have take care.

1272
01:10:19.920 --> 01:10:24.000
At 8.25, we'll go live for VIP

1273
01:10:24.000 --> 01:10:26.200
and we'll start digging into trademark applications.

1274
01:10:26.200 --> 01:10:27.040
Bless you guys.

1275
01:10:27.040 --> 01:10:29.440
I'll leave you Larissa to close off.

1276
01:10:29.480 --> 01:10:30.320
Love you guys.

1277
01:10:30.320 --> 01:10:31.560
I'll talk to you later.

1278
01:10:31.560 --> 01:10:32.400
Take care.