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Okay, day two VIP in the house.

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Here we go.

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All right, we got one, two, three, four, five.

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I think a bunch of people are taking a bio break.

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Sorry we went long, guys, but I could feel that people had certain really important issues

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that I want to make sure I covered for you, so I figured I'd cover that.

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And if you need to take a break or eat or whatever, feel free to do that while we're

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jumping in.

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Larissa, you said you want to mention something?

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Go ahead.

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As we were just talking to Kay and you mentioned, you have a referral network of lawyers.

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Do you refer people out?

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Yeah, but that's coming Thursday.

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I'll mention that on Thursday.

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Yeah, that's coming.

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This is a VIP.

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This is like family.

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That's true.

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The VIP does find out about everything before everybody else.

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It's true.

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So I do have a personal network.

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I have attorneys literally in every country of the world, every area of law you can think

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of.

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I've been doing this 25 years.

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And so I've picked up certain very powerful and connected friends in different places.

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And so, yeah, that's one of the things that I actually offer.

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And you'll see on Thursday, there's an offer I'll be dropping for everyone to help them

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out.

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And in that included is access to my network, which is invaluable.

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I've had people that are one gentleman actually was manufactured in China.

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And there was another company that took his trademark before he filed in China.

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And they ended up starting to use the trademark and tried to extort him, basically blackmail

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him because they knew who he was.

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And so I had my guys out there handle the matter.

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David Zhao was out there is a law firm who's one of the firms that I use and just demolished

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the guy.

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And he just gave up the trademark.

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But, you know, if you don't have the right context, it could be very difficult.

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So that's one of the things that I actually offer.

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So let's see.

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I think we can get started.

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I think other people will jump in after because we went long.

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So let me cover ownership of IP first.

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And then I'm going to do the example of a trademark application filing.

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OK, that's a lot of fun.

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So everybody will learn every single part of a trademark application.

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And and then I'll take a few questions.

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OK, let's see.

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Let me start out with.

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Hold on one second.

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Let me start out with ownership of IP.

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OK.

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So we're talking about trademarks right now and tomorrow we'll talk about copyrights and then we're going to go into other things.

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We'll talk about patents.

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Hey, Nathan, we'll talk about other things like that as well.

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The question is, who should be holding the IP?

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Right, who should be holding these assets?

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Should it be you as an individual or should it be your company?

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All right. Now, I touched base on this a little bit yesterday.

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I just want to go in a little deeper here because this decision can be.

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It can be pivotal to your entire company if you do this wrong.

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So I want to make sure you understand this. OK, if if you're bringing a product forward.

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And the product is in your name. And you're offering it for sale to other people.

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When somebody does an analysis, let's say somebody gets hurt using the product.

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Right. Which hopefully will never happen in front of you. But let's say it's something like that happens.

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Then they look to see who do they sue?

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When I look to see who they sue, they look to see who owns the IP.

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That's typically the first thing that they'll look at. And so when that analysis, they'll say, oh, hold it.

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It's owned by, you know, Ray Carter. Congratulations, Ray.

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And so all of a sudden they come after Ray. But then Peter comes in and saves the day.

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So, Ray, don't worry. So. But the whole point being that they they look to see who's named on the IP.

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OK, so if you have it in the name of your company, then that doesn't guarantee that you're not going to get sued as well.

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But it makes it hard to get at you because the company protects you.

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Right. A well-formed company should protect you and your assets.

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OK, so that's why a lot of people will sign a right title interest for trademarks, copyrights, patents, even trade secrets over to a company.

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as to keep themselves separated, right?

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But here's the problem is when you assign a right title

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and interest, you lose ownership rights.

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So now the company could do whatever they want with it.

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Now, if it's a sole proprietorship, if it's just you,

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then who cares, right?

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Because you're the one who's going to make all the choices.

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But if it's not just you, if there's a board,

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you may have just given away your IP.

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You may have just given away your trademarks, your patents,

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you know, your trade secrets or your copyrights.

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That could be a big deal.

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So you want to figure that out now.

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Do I want it in my name or not?

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The other thing is that if it's in the name of a company,

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all the expenses you're paying for a lawyer,

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those are all business expenses, right?

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So you're using the business account to pay for the lawyer

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and then that's a business expense.

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So you should be telling your accountant that

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so they're reducing that from your actual, you know,

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how much you're making in gross.

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You need to look at all these factors beforehand.

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So I just want to touch base on that

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because a lot of times people hear about IP,

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they get all excited

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and then they keep it in their own name

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or they send it out,

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but they didn't kind of think of

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what was their business plan?

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What exactly am I trying to do?

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What you could do is you can license the trademark

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to your company, all right?

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Or an example for Kay,

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if Kay goes that route of doing a franchise,

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she's gonna have the trademark in one entity's name,

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then she's going to license it to all the other parties,

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right, while maintaining ownership.

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But when you license a trademark,

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you have to make sure they're using it

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the same way that you are.

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They can't change it.

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So if you have the trademark for Kleenex

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and you license it to a paper company

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and they go on, they start making toilet paper, right?

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You're like, well, hold it, Kleenex is for tissues,

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not for toilet paper.

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It's messing up your brand.

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They have to use it the same way

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that you tell them to use it, right?

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It's up to you to monitor that.

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I just wanna touch base on that

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before we start jumping into all this other stuff

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because you're learning about IP.

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Many of you are gonna start filing things.

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Many of you are gonna start fixing things.

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And then you're gonna think,

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well, what do I do with it now?

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Do I put it in my name or the company's name?

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So just keep in mind, if you assign it to the company

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and the company has ownership rights

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and you don't have the decision rights for the company,

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you may lose what you spent the money on.

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So if you're gonna assign it to the company,

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you might wanna use the company's assets

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to pay for the lawyer.

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Instead of using your own money to pay for the lawyer

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and then assign it to the company,

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use the company's money to pay for the lawyer

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so it doesn't come out of your pocket directly, okay?

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Especially if you're gonna assign it to the company.

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So something to think about

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as you're building your company up, right?

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All right, and with that,

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I'm gonna jump into a trademark application

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because this is really important

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and this is probably the biggest thing

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that people register for

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because they wanna know, well, what are all the parts?

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So let me go through

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all the parts of a trademark application.

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We did, but we didn't do a registration.

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So I'm gonna walk you through a filing.

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Now, again, the reason why I'm showing you this

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is so that you can get everything together

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to give to your attorney,

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not so you can go filing things on your own.

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If you go choose to file things on your own,

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that's up to you.

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I never told you to do that.

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And you, by all means,

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should not be doing it for your clients.

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I've had a few coaches call me up and say,

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I don't feel right

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about filing a trademark application for my clients.

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I said, good, you shouldn't

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because you just picked up all the liability

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if anything is wrong.

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Like if you as a coach file a trademark application

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or you do a search for another party

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and something's wrong,

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they could potentially come after you.

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You don't want that liability.

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Trust me, I know as a lawyer.

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I mean, I've been blessed not to run into those issues,

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but you don't want this problem.

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So let me walk you through

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how a paralegal or an attorney

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files a trademark application

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so you understand all the parts.

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Then you can put everything together

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and present it to your attorney

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and they can make sure everything's done right

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before they file, okay?

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All right, so I showed you earlier how to register

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with the USPTO website.

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I'm already registered.

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So since I'm already registered,

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I'm gonna go ahead and sign in,

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but I'm gonna stop sharing for a second.

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So nobody has my login information.

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So hold on one second.

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So Peter, just to clarify,

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people have to create a login in order to just search it?

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That's a definite?

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Not to search the search is free to file, okay

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Yeah, when you're filing they ask you to create an account

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I don't think I've ever seen anybody try to file without having an account

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I mean you want to have an account because you want to be able to check on things and you want security

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Okay, let me wait till I get

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Okay, I'm just gonna show you something that just happened. So everybody knows about this

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So you see right here on the screen a two-step authentication

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So when I put in my username and password it then sends you an email

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So now I go over. Let me stop sharing again. I look at my email grab the code

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Here's the code copy it put it back in here

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Right click paste

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Now I can share with you again

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Okay, so I typed in the code and I click verify I would click on this remember the browser the 24 hours

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just makes your life easier if you have to go back in and click verify and

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You are in

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You

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Okay

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Now this looks really complicated. It's it's not too complicated. All right now on

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The top left most of you are gonna see when you do this. You just see file an application

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It's under trademarks. You click file an application file a tease application

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And

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You're in this is the screen that you should see

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Trademarks search mark, you know service mark application principle register

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Okay now down here

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These are the two options I was talking about that your attorney is going to look at there's two options

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One is a tease plus application where you're using

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You're gonna type in words and then the United States Patent Trademark Office website

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Is gonna tell you the international class and give you a list of different goods and services to select from I'm gonna show you how

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To do that. The other option is a standard form

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It's more expensive. But in this one, you can type in your own words for the description of goods or services

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So as an example Nike for footwear, right?

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You may decide well, I don't want to just select the class and type in the word footwear. I want to say

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Therapeutic shoes for the elderly

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There's no class

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Description that says that so it's important to you if it is important to you to say that instead of just saying footwear

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Then you're gonna have to check off the standard and then type in your own words

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That's what the attorney is gonna do but it costs more money. See it's $350 per class

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Versus

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$250 per class. The reason why is because if you choose the t's plus option

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then under t's plus

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You're going to select the services or goods

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That are given by the USPTO. So it's already approved. It's their language

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So they don't have to review the language

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Because the language is already approved. They've given you the language

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But if you put in your own language, it's making them do more work

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So for that reason they charge you more money. Does that make sense?

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So if you want to have a situation where it is

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You can type your own words. It's gonna cost you more money if you want to select

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Their words it costs you less money. So I'm gonna go through the t's plus which costs less money

250
00:13:48.220 --> 00:13:54.620
Now you're not gonna be an attorney. Obviously your attorney will be you there so they'll select yes, but for now

251
00:13:54.620 --> 00:13:56.620
I'm gonna say no here

252
00:13:58.100 --> 00:14:05.460
All right, so you'll see it says we recommend you review the materials on trademark basic web page before completing your application

253
00:14:05.860 --> 00:14:12.300
You can legally file your own trademark application again. I don't suggest it when you're starting out because

254
00:14:13.620 --> 00:14:16.460
You make a mistake. You can't fix it. That's the problem

255
00:14:16.860 --> 00:14:22.860
And then you have to file a whole new application, but they do have a page that gives you some ideas of how to file

256
00:14:23.500 --> 00:14:29.420
All right, so now let's go down here I'm gonna move you guys over to the side on my screen and

257
00:14:31.020 --> 00:14:33.020
This button here you don't have to worry about

258
00:14:34.980 --> 00:14:40.060
This is in case you actually started creating a trademark application before and

259
00:14:40.700 --> 00:14:41.780
then

260
00:14:41.780 --> 00:14:44.220
You stopped and saved your work

261
00:14:44.220 --> 00:14:46.700
You can actually save your work if you do that

262
00:14:46.700 --> 00:14:52.380
Then you can actually save the file and you would choose the file and upload the file. You're not doing that. So

263
00:14:52.860 --> 00:14:54.620
You could continue

264
00:14:54.620 --> 00:14:56.620
And here we go. We are in

265
00:14:57.300 --> 00:14:59.820
the app form so now you

266
00:15:00.000 --> 00:15:03.240
You, the first field is the owner of the mark.

267
00:15:03.240 --> 00:15:07.140
So for me, it's going to be like A to E challenges, the name of my company.

268
00:15:07.600 --> 00:15:09.600
So I put A to E challenges LLC.

269
00:15:10.220 --> 00:15:11.780
It could be an individual as well.

270
00:15:12.380 --> 00:15:12.700
All right.

271
00:15:13.120 --> 00:15:16.280
If it's an individual, then I would collect individual here.

272
00:15:16.860 --> 00:15:26.080
If it's, but since it's, since it's instead a corporation, so you notice

273
00:15:26.080 --> 00:15:30.600
how, when I collect individual, it actually knew something's wrong with the name.

274
00:15:30.600 --> 00:15:31.640
It's pretty intelligent.

275
00:15:31.640 --> 00:15:34.840
So it says, if an individual use the following format, last name,

276
00:15:34.840 --> 00:15:37.680
comma, first name, middle initial.

277
00:15:38.080 --> 00:15:38.400
Right.

278
00:15:38.840 --> 00:15:40.680
So obviously this was a corporation.

279
00:15:40.680 --> 00:15:45.160
So I'll go back to corporation and there's a corporation.

280
00:15:45.240 --> 00:15:45.560
Okay.

281
00:15:45.880 --> 00:15:50.480
If you have a DBA doing business as you can list that here, if you don't

282
00:15:50.480 --> 00:15:52.240
know what a DBA is, don't worry about it.

283
00:15:52.520 --> 00:15:52.880
All right.

284
00:15:53.440 --> 00:15:56.360
Your corporate law attorney should actually let you know what a DBA is.

285
00:15:57.080 --> 00:15:57.360
All right.

286
00:15:57.360 --> 00:15:58.960
So now this is a corporation.

287
00:15:59.520 --> 00:16:01.360
It's a limited liability company.

288
00:16:01.800 --> 00:16:06.960
So I come over here and I can select LLC, right?

289
00:16:08.720 --> 00:16:17.600
When I select LLC, it reloads with LLC information.

290
00:16:18.400 --> 00:16:21.280
And now I can select the state in which it was incorporated.

291
00:16:23.280 --> 00:16:23.920
Delaware.

292
00:16:25.360 --> 00:16:25.640
Right.

293
00:16:25.640 --> 00:16:29.400
Or if you're in a foreign country and you're filing, then you can select,

294
00:16:29.800 --> 00:16:33.560
you know, you can say if it's another country, you can come over here.

295
00:16:33.560 --> 00:16:36.040
And let's say as an example, I know there's a lot of Canadians

296
00:16:36.680 --> 00:16:37.840
that come into this program.

297
00:16:37.840 --> 00:16:39.720
So you can send that Canada.

298
00:16:42.440 --> 00:16:44.960
And now you have lights flashed.

299
00:16:45.880 --> 00:16:48.400
There's a storm overhead just in case we get disconnected.

300
00:16:49.280 --> 00:16:50.160
Hopefully that won't happen.

301
00:16:50.840 --> 00:16:53.200
Protect the means of communication, please.

302
00:16:54.040 --> 00:16:54.240
All right.

303
00:16:54.240 --> 00:16:56.800
So I'm going to go back to the United States because most

304
00:16:56.800 --> 00:16:57.800
people are going to be doing that.

305
00:16:57.800 --> 00:16:58.760
So I'll say Delaware.

306
00:17:00.200 --> 00:17:00.560
All right.

307
00:17:01.920 --> 00:17:02.720
Address.

308
00:17:02.960 --> 00:17:03.840
Very simple.

309
00:17:03.880 --> 00:17:04.880
That's my home address.

310
00:17:05.119 --> 00:17:10.560
Just realize that if you click on this and it populates, it populates strange,

311
00:17:11.000 --> 00:17:13.240
meaning that it pushes your mailing address up.

312
00:17:13.800 --> 00:17:16.960
So you have to come over here, cut it and move it down.

313
00:17:17.040 --> 00:17:17.520
Paste.

314
00:17:17.640 --> 00:17:18.040
Okay.

315
00:17:18.960 --> 00:17:20.280
That's if you have autofill.

316
00:17:21.280 --> 00:17:25.720
So there's your address and then the state you select your state.

317
00:17:32.480 --> 00:17:35.160
And then your country and then your zip.

318
00:17:37.520 --> 00:17:40.360
Now this one's going to be zero, five, six, four.

319
00:17:41.160 --> 00:17:41.560
All right.

320
00:17:43.200 --> 00:17:44.640
You don't have to worry about this one.

321
00:17:46.880 --> 00:17:47.600
Your phone number.

322
00:17:47.600 --> 00:17:48.560
Let's talk about phone number.

323
00:17:49.040 --> 00:17:51.480
If you put your phone number here, then people can call you.

324
00:17:52.960 --> 00:17:55.200
So there's a lot of people that don't actually want to put their phone

325
00:17:55.200 --> 00:17:59.240
number because they don't want to get called, but if you don't list your

326
00:17:59.240 --> 00:18:02.080
phone number, then your examiner can't call you to actually tell

327
00:18:02.080 --> 00:18:04.000
you that they need something.

328
00:18:04.000 --> 00:18:05.600
So I tend to list my phone number.

329
00:18:06.320 --> 00:18:06.680
All right.

330
00:18:07.640 --> 00:18:10.000
If you have a business number, it's better to list the business number

331
00:18:10.360 --> 00:18:11.960
and then you put your email address.

332
00:18:12.080 --> 00:18:13.760
So let's just put it on.

333
00:18:13.760 --> 00:18:14.200
Whatever.

334
00:18:14.200 --> 00:18:18.400
Say the guy at hotmail.com.

335
00:18:19.480 --> 00:18:19.960
Let's do that.

336
00:18:20.360 --> 00:18:21.760
And then you click continue.

337
00:18:25.880 --> 00:18:26.960
You can put your website.

338
00:18:26.960 --> 00:18:29.000
You don't need to see how it tells you.

339
00:18:29.000 --> 00:18:30.280
You didn't put your phone number.

340
00:18:31.720 --> 00:18:33.120
It tells you, cause I didn't enter it.

341
00:18:34.280 --> 00:18:36.200
So you can enter it or not enter it.

342
00:18:36.200 --> 00:18:38.720
If you don't enter it again, the examiner is not going to be able to

343
00:18:38.720 --> 00:18:42.000
call you if they want to make a quick change to your application.

344
00:18:42.920 --> 00:18:46.000
So putting the phone number is beneficial for that reason, but

345
00:18:46.000 --> 00:18:46.920
I'm not going to list it here.

346
00:18:46.920 --> 00:18:48.240
So I'm just going to click continue.

347
00:18:52.360 --> 00:18:54.720
Now we get to the more interesting stuff.

348
00:18:54.960 --> 00:18:56.720
This is when it starts to get to be fun.

349
00:18:57.000 --> 00:18:57.320
All right.

350
00:18:59.760 --> 00:19:02.000
Remember how I told you there's different types of trademarks.

351
00:19:02.560 --> 00:19:04.320
There's a, somebody's happening to chat.

352
00:19:04.320 --> 00:19:06.000
What are the two different types of marks?

353
00:19:10.520 --> 00:19:11.760
Let me see.

354
00:19:13.000 --> 00:19:16.320
Word and design.

355
00:19:16.320 --> 00:19:16.880
Very good.

356
00:19:16.920 --> 00:19:17.280
Yep.

357
00:19:17.440 --> 00:19:17.920
That's right.

358
00:19:18.440 --> 00:19:20.760
So there's word marks and there's design marks, right?

359
00:19:21.320 --> 00:19:24.800
So you see word marks fall under standard characters.

360
00:19:26.160 --> 00:19:28.920
Design marks fall under a special form.

361
00:19:29.520 --> 00:19:29.880
Okay.

362
00:19:30.400 --> 00:19:32.440
That's for a design mark, special form.

363
00:19:35.160 --> 00:19:36.960
And this is just for a normal word mark.

364
00:19:37.600 --> 00:19:37.920
All right.

365
00:19:38.520 --> 00:19:46.520
So if you select special form, it's going to ask you to send a picture of your logo

366
00:19:47.520 --> 00:19:49.080
because they need to see your logo, right?

367
00:19:49.080 --> 00:19:51.840
So you're going to have to attach a picture of your logo.

368
00:19:52.640 --> 00:19:55.040
So that's why you click over here and then you get a PDF.

369
00:19:55.040 --> 00:19:57.000
You upload it there.

370
00:19:57.600 --> 00:19:59.960
Um, if there are any words.

371
00:20:00.000 --> 00:20:03.840
in your logo, you're gonna have to write the words in here.

372
00:20:03.840 --> 00:20:06.240
So, you know how it says like,

373
00:20:07.180 --> 00:20:09.680
let's see, like Burger King is in the logo

374
00:20:09.680 --> 00:20:11.860
and then there's the word Burger King there.

375
00:20:11.860 --> 00:20:13.840
You know, so there's like the burger thingy

376
00:20:13.840 --> 00:20:15.800
and then there's, or let's say like McDonald's

377
00:20:15.800 --> 00:20:17.200
there's the golden arches.

378
00:20:18.640 --> 00:20:20.720
Or not the golden arches, where are the golden arcs?

379
00:20:20.720 --> 00:20:23.120
And so, you know, there's the golden arches there.

380
00:20:23.120 --> 00:20:26.040
Well, those there, you have to type in McDonald's

381
00:20:26.040 --> 00:20:31.040
underneath it, you have to do McDonald's, right?

382
00:20:32.880 --> 00:20:34.540
And then you'd have to attach a picture

383
00:20:34.540 --> 00:20:36.720
of the logo with McDonald's in it.

384
00:20:36.720 --> 00:20:39.600
And if there's color, that's part of your mark,

385
00:20:39.600 --> 00:20:43.360
you have to describe the color here.

386
00:20:43.360 --> 00:20:45.400
So you have to say, it actually,

387
00:20:45.400 --> 00:20:47.000
it does a good job describing it for you.

388
00:20:47.000 --> 00:20:49.280
It says, if claiming color as a feature of the mark,

389
00:20:49.280 --> 00:20:51.880
list the colors below, including black and white

390
00:20:51.880 --> 00:20:54.280
if actual colors within the mark, okay?

391
00:20:54.320 --> 00:20:56.080
Now, I'm gonna tell you something

392
00:20:56.080 --> 00:20:58.580
cause you're in VIP, all right?

393
00:20:59.640 --> 00:21:01.320
I'm gonna save you a lot of pain.

394
00:21:02.920 --> 00:21:07.920
If you have a color mark,

395
00:21:09.880 --> 00:21:11.760
check this with your lawyer, right?

396
00:21:11.760 --> 00:21:13.800
Just to confirm that it'll work for you.

397
00:21:13.800 --> 00:21:15.360
But if you have a trademark that's in color,

398
00:21:15.360 --> 00:21:17.300
if you file it in black and white,

399
00:21:17.300 --> 00:21:19.420
it gives you all the colors.

400
00:21:19.420 --> 00:21:22.080
If you file it in color, you only own that color.

401
00:21:23.080 --> 00:21:25.600
It's a lot more powerful to file

402
00:21:25.600 --> 00:21:27.300
a black and white trademark

403
00:21:28.160 --> 00:21:30.420
cause it gives you all the colors.

404
00:21:30.420 --> 00:21:33.360
Talk to your lawyer about that before you do it, okay?

405
00:21:33.360 --> 00:21:36.080
Just make sure in your situation it makes sense.

406
00:21:36.080 --> 00:21:40.200
But that is a way, that is a secret to the system.

407
00:21:40.200 --> 00:21:43.600
People make that, they always file their logos in color

408
00:21:43.600 --> 00:21:46.400
and then they claim color.

409
00:21:46.400 --> 00:21:49.080
And then later somebody uses something not in that color

410
00:21:49.120 --> 00:21:53.200
and it becomes more difficult to argue confusion.

411
00:21:53.200 --> 00:21:56.620
But you see right here, check this box

412
00:21:56.620 --> 00:21:59.000
if you are not claiming color as a feature.

413
00:21:59.000 --> 00:22:00.440
That's what I would do.

414
00:22:00.440 --> 00:22:02.480
Not claiming color as a feature.

415
00:22:02.480 --> 00:22:06.020
Even if it is in color, I'm not claiming color as a feature.

416
00:22:06.020 --> 00:22:07.280
That's what I would do, all right?

417
00:22:07.280 --> 00:22:09.760
Now, you do, you talk to your lawyers,

418
00:22:09.760 --> 00:22:11.920
you figure it out, right?

419
00:22:11.920 --> 00:22:14.140
But that's very powerful to remember.

420
00:22:15.000 --> 00:22:17.280
A lot broader coverage for black and white.

421
00:22:17.280 --> 00:22:20.920
All right, so that's actually for a logo.

422
00:22:20.920 --> 00:22:22.680
And then you have to describe the logo.

423
00:22:22.680 --> 00:22:27.200
So in my case, I have like, you know, the three rings

424
00:22:27.200 --> 00:22:30.320
and inside the three rings, there's like,

425
00:22:30.320 --> 00:22:32.880
it looks almost like leaves in my logo.

426
00:22:32.880 --> 00:22:34.880
It actually makes a flower.

427
00:22:34.880 --> 00:22:37.240
I had to describe that in detail.

428
00:22:37.240 --> 00:22:39.440
Right here in this field, right over here,

429
00:22:39.440 --> 00:22:43.080
you describe what your logo looks like.

430
00:22:43.080 --> 00:22:46.200
So for Burger King, it might be like a bun

431
00:22:46.200 --> 00:22:49.360
with a yellow and orange bun with, you know,

432
00:22:49.360 --> 00:22:53.600
a brown patty with an orange bun underneath with,

433
00:22:53.600 --> 00:22:55.720
I don't know what else is around the Burger King logo.

434
00:22:55.720 --> 00:22:57.240
I have no idea, right?

435
00:22:57.240 --> 00:23:01.080
So you just have to describe it in detail there, okay?

436
00:23:01.080 --> 00:23:03.960
All right, now let's go back to just normal characters

437
00:23:03.960 --> 00:23:05.880
because a lot of people aren't going to follow on logos.

438
00:23:05.880 --> 00:23:07.200
They'll just follow a name.

439
00:23:08.200 --> 00:23:09.760
For names, it's different.

440
00:23:09.760 --> 00:23:10.680
Just type the name.

441
00:23:10.680 --> 00:23:13.760
Like it's simple, just Burger King.

442
00:23:14.760 --> 00:23:17.440
Burger King, that's it, done.

443
00:23:18.320 --> 00:23:19.640
It's a lot easier, right?

444
00:23:19.640 --> 00:23:20.920
And if you want to see what it looks like,

445
00:23:20.920 --> 00:23:22.880
just click the preview.

446
00:23:22.880 --> 00:23:25.200
Burger King, there it is, all right?

447
00:23:26.720 --> 00:23:29.720
And some people ask, is it case sensitive?

448
00:23:32.480 --> 00:23:35.920
No, it says right here, the entry can be in capital letters,

449
00:23:35.920 --> 00:23:37.520
lowercase letters.

450
00:23:37.520 --> 00:23:42.440
I would write it the way you want it to appear personally,

451
00:23:42.560 --> 00:23:44.680
just in case they mess something up.

452
00:23:44.680 --> 00:23:48.760
So if I were Burger King, I would do like Burger King.

453
00:23:48.760 --> 00:23:50.360
That's the way I would do it.

454
00:23:50.360 --> 00:23:53.960
But it says here that it's not a big deal.

455
00:23:53.960 --> 00:23:57.560
I just, for some reason, don't trust the system.

456
00:23:59.800 --> 00:24:04.800
Okay, so there are additional statements you can use.

457
00:24:04.920 --> 00:24:06.480
I'm not going to teach you on that.

458
00:24:06.480 --> 00:24:08.720
Like that's going to take you too long.

459
00:24:08.720 --> 00:24:12.160
But basically, let's say you have a trademark

460
00:24:12.880 --> 00:24:15.600
that is very similar to what you're filing for.

461
00:24:15.600 --> 00:24:18.920
You can click on this button here.

462
00:24:18.920 --> 00:24:21.840
Now, all these options are going to pop up, you'll see.

463
00:24:23.160 --> 00:24:24.920
All these other options.

464
00:24:24.920 --> 00:24:29.720
And then you can say, oh, I have a prior registration,

465
00:24:29.720 --> 00:24:31.280
you know, and just type it in,

466
00:24:31.280 --> 00:24:33.240
the registration number there.

467
00:24:33.240 --> 00:24:34.520
If you have a prior registration.

468
00:24:34.520 --> 00:24:36.480
That's too complex.

469
00:24:38.040 --> 00:24:39.760
Don't worry about that for now.

470
00:24:39.800 --> 00:24:41.960
So let's just assume people

471
00:24:41.960 --> 00:24:43.600
don't have additional statements.

472
00:24:47.080 --> 00:24:49.120
Let's assume it's just a basic trademark application.

473
00:24:49.120 --> 00:24:52.320
So you got your name there and you selected a wordmark.

474
00:24:52.320 --> 00:24:53.600
Now you click continue.

475
00:24:59.720 --> 00:25:00.560
Now on.

476
00:25:00.000 --> 00:25:02.760
Here, this is when it gets to be real fun.

477
00:25:02.760 --> 00:25:05.120
Remember how I told you, you had two options.

478
00:25:05.120 --> 00:25:07.880
You could type in the goods and services yourself,

479
00:25:07.880 --> 00:25:12.880
or you could type in like one word and have it searched

480
00:25:14.480 --> 00:25:16.240
or like multiple words and have it searched

481
00:25:16.240 --> 00:25:18.000
by the USPTO website, right?

482
00:25:18.000 --> 00:25:21.880
We chose the option to have them search for you.

483
00:25:21.880 --> 00:25:23.720
Remember, we chose a TEAS application,

484
00:25:23.720 --> 00:25:25.320
which is less expensive.

485
00:25:25.320 --> 00:25:27.960
So what you do here is you just click

486
00:25:28.000 --> 00:25:30.360
add goods and services.

487
00:25:30.360 --> 00:25:32.440
When you do that, you get to this screen right here,

488
00:25:32.440 --> 00:25:33.640
search for.

489
00:25:34.920 --> 00:25:38.600
So now you just got to figure out what are you filing for?

490
00:25:38.600 --> 00:25:40.320
So let's have some fun here.

491
00:25:40.320 --> 00:25:42.680
Let's take somebody here

492
00:25:42.680 --> 00:25:44.720
who's filing a trademark application.

493
00:25:45.880 --> 00:25:48.160
But what I don't want you to do is don't tell me

494
00:25:48.160 --> 00:25:50.000
what the actual word is.

495
00:25:50.000 --> 00:25:53.480
We're just gonna have a situation where you can tell me

496
00:25:53.480 --> 00:25:55.920
like what the goods and services are, okay?

497
00:25:55.920 --> 00:25:58.640
So anybody who wants to volunteer right now

498
00:25:58.640 --> 00:26:01.400
to have some work done on their own thing

499
00:26:01.400 --> 00:26:03.360
without paying 600 bucks an hour,

500
00:26:04.600 --> 00:26:08.480
raise your virtual hand and we can look

501
00:26:10.600 --> 00:26:11.600
for one of you guys.

502
00:26:12.680 --> 00:26:13.640
See if anybody pops up.

503
00:26:13.640 --> 00:26:15.640
If not, I'll just do one theoretically.

504
00:26:17.840 --> 00:26:19.280
I can't find my hand on here.

505
00:26:21.720 --> 00:26:23.200
Was that you, Anders?

506
00:26:23.200 --> 00:26:25.560
I think that was Addison.

507
00:26:26.400 --> 00:26:29.120
I don't see my hand.

508
00:26:29.120 --> 00:26:32.160
Oh, Addison, if you go into reactions,

509
00:26:32.160 --> 00:26:34.920
you can click on the raise hand.

510
00:26:34.920 --> 00:26:36.040
Is that Addison?

511
00:26:36.040 --> 00:26:37.600
Yeah, Addison.

512
00:26:37.600 --> 00:26:39.920
Addison, we can work through, that works.

513
00:26:39.920 --> 00:26:40.760
Yes, sir.

514
00:26:40.760 --> 00:26:41.880
Reach higher.

515
00:26:41.880 --> 00:26:42.720
Educare.

516
00:26:44.240 --> 00:26:45.080
Say it again.

517
00:26:45.080 --> 00:26:45.920
Childcare.

518
00:26:45.920 --> 00:26:47.000
I'm sorry, childcare.

519
00:26:47.000 --> 00:26:47.840
Childcare.

520
00:26:47.840 --> 00:26:48.800
All right, let's try that out.

521
00:26:48.800 --> 00:26:49.640
Let's see.

522
00:26:49.640 --> 00:26:51.120
Childcare.

523
00:26:51.960 --> 00:26:53.520
Let's click go.

524
00:26:55.680 --> 00:26:56.560
See what pops up.

525
00:27:01.160 --> 00:27:04.320
And we get POW.

526
00:27:04.320 --> 00:27:05.680
Look at this.

527
00:27:05.680 --> 00:27:07.760
All these things that have childcare on it.

528
00:27:07.760 --> 00:27:09.080
How many popped up?

529
00:27:09.080 --> 00:27:10.160
Wow.

530
00:27:10.160 --> 00:27:11.000
It's not that bad.

531
00:27:11.000 --> 00:27:11.880
It's not too bad.

532
00:27:11.880 --> 00:27:14.360
I've seen like over a hundred pop up before.

533
00:27:14.360 --> 00:27:16.520
So it says it's only found 20.

534
00:27:16.520 --> 00:27:20.840
Well, here's a good thing is that when you look,

535
00:27:20.840 --> 00:27:23.240
you'll see like childcare, childcare services,

536
00:27:23.240 --> 00:27:26.040
providing childcare centers,

537
00:27:26.040 --> 00:27:28.840
providing family childcare services.

538
00:27:28.840 --> 00:27:31.200
So you got to look at these and see

539
00:27:31.200 --> 00:27:33.840
what pertains to your situation, right?

540
00:27:33.840 --> 00:27:36.400
So very likely childcare,

541
00:27:36.400 --> 00:27:37.840
because you said look up childcare.

542
00:27:37.840 --> 00:27:38.880
So I'd say that's one of them.

543
00:27:38.880 --> 00:27:40.760
So click the box next to that.

544
00:27:41.640 --> 00:27:42.480
Childcare.

545
00:27:42.480 --> 00:27:45.320
Are you thinking like providing childcare services?

546
00:27:47.040 --> 00:27:48.040
Yes, sir.

547
00:27:48.040 --> 00:27:50.000
All right, so let's click on that one.

548
00:27:50.000 --> 00:27:50.840
For family.

549
00:27:51.840 --> 00:27:56.280
Would it be like a childcare center that you'd be running?

550
00:27:56.280 --> 00:27:57.120
It is.

551
00:27:57.120 --> 00:27:58.080
It's right next to a school.

552
00:27:58.080 --> 00:27:59.200
Like on that one too?

553
00:28:01.080 --> 00:28:01.920
So let's see.

554
00:28:01.920 --> 00:28:04.560
Providing family childcare services.

555
00:28:04.560 --> 00:28:06.840
Family childcare services are daycare centers

556
00:28:06.840 --> 00:28:10.520
that are located in the home of the childcare provider.

557
00:28:11.760 --> 00:28:13.600
These services are classified in 43.

558
00:28:13.600 --> 00:28:15.960
I mean, it gives you really good explanations

559
00:28:15.960 --> 00:28:17.360
right underneath it.

560
00:28:17.360 --> 00:28:20.480
Providing home-based childcare services,

561
00:28:21.080 --> 00:28:23.000
in-home childcare, daycare centers

562
00:28:23.920 --> 00:28:26.240
that are located in the home.

563
00:28:26.240 --> 00:28:28.880
Short-term drop-in childcare services.

564
00:28:30.280 --> 00:28:31.680
It's probably that one, right?

565
00:28:31.680 --> 00:28:33.920
Short-term drop-in care services

566
00:28:33.920 --> 00:28:35.160
where they leave the child.

567
00:28:35.160 --> 00:28:36.440
Right.

568
00:28:36.440 --> 00:28:37.920
Yep, so there's one there.

569
00:28:39.760 --> 00:28:41.120
So basically you go down the list

570
00:28:41.120 --> 00:28:43.760
and you find the ones that are similar, right?

571
00:28:43.760 --> 00:28:45.800
And I mean, this is so easy to do.

572
00:28:45.800 --> 00:28:47.160
Now you've got all those and you say,

573
00:28:47.160 --> 00:28:48.960
insert the checked entries.

574
00:28:48.960 --> 00:28:49.800
That's it.

575
00:28:51.240 --> 00:28:53.840
Now all the entries that you had show up.

576
00:28:53.840 --> 00:28:54.680
Okay.

577
00:28:54.680 --> 00:28:55.920
That's part one.

578
00:28:57.480 --> 00:29:00.600
Part one is figuring out

579
00:29:00.600 --> 00:29:03.440
what are the services or goods.

580
00:29:03.440 --> 00:29:04.280
It's part one.

581
00:29:04.280 --> 00:29:05.120
Okay.

582
00:29:06.040 --> 00:29:09.920
Part two is you have to assign a filing basis.

583
00:29:09.920 --> 00:29:12.200
That means, is it an actual use application

584
00:29:12.200 --> 00:29:14.000
or is it an intent to use application?

585
00:29:14.000 --> 00:29:14.880
Which one is it?

586
00:29:15.960 --> 00:29:20.000
So in this case, Anderson, Addison,

587
00:29:20.880 --> 00:29:22.240
is this something you're already doing

588
00:29:22.240 --> 00:29:23.960
or you're going to do?

589
00:29:23.960 --> 00:29:25.080
We're already doing this.

590
00:29:25.080 --> 00:29:25.920
There you go.

591
00:29:25.920 --> 00:29:27.600
So then everything here,

592
00:29:27.600 --> 00:29:29.040
let's use you as an example.

593
00:29:29.040 --> 00:29:31.840
So would it be a section 1A or 1B then?

594
00:29:33.160 --> 00:29:36.160
I would say section 1A, right?

595
00:29:36.160 --> 00:29:40.240
Actually using the mark in commerce now.

596
00:29:40.240 --> 00:29:41.320
You see that?

597
00:29:41.320 --> 00:29:43.680
And I taught you about intent to use,

598
00:29:43.680 --> 00:29:45.600
no use of the mark yet.

599
00:29:45.600 --> 00:29:46.440
Okay.

600
00:29:46.440 --> 00:29:47.560
So this is actual use.

601
00:29:47.560 --> 00:29:49.520
So you see these check boxes,

602
00:29:49.520 --> 00:29:52.280
you got to make sure that these check boxes are on.

603
00:29:53.720 --> 00:29:54.560
Okay.

604
00:29:54.560 --> 00:29:55.400
If they're not on,

605
00:29:55.400 --> 00:29:58.920
then when you click select section 1A,

606
00:29:58.920 --> 00:30:00.160
then they will not all.

607
00:30:00.000 --> 00:30:09.200
assigned that. But let's assume that you're doing all of these except this one right now. Let's say

608
00:30:09.200 --> 00:30:14.400
you're doing the first three, child care, child care services, and providing child care centers,

609
00:30:14.400 --> 00:30:18.560
but you're not providing short-term drop-in child care services yet.

610
00:30:18.560 --> 00:30:21.920
So you would just check the first three and then select 1A.

611
00:30:21.920 --> 00:30:32.640
And watch what happens. It now asks you for a specimen to show that you're actually using it.

612
00:30:33.280 --> 00:30:35.760
This is, again, where your lawyers are going to be important because they're going to have

613
00:30:35.760 --> 00:30:39.600
to tell you what kind of specimen to provide. Then describe the specimen.

614
00:30:41.440 --> 00:30:45.360
And then the data first use anywhere and the first use in commerce.

615
00:30:45.360 --> 00:30:49.040
So once you have all that, I'm just going to grab any specimen.

616
00:30:49.760 --> 00:30:57.200
I'm just going to grab an image of anything. Choose a file. Let me just grab anything I can find.

617
00:30:58.800 --> 00:31:07.200
Here, there's me. There's me at Grant Cardone's event. So let's attach that.

618
00:31:11.360 --> 00:31:13.360
It's all there. Now return to the form.

619
00:31:13.360 --> 00:31:22.320
And there we go. One file is already attached. And then I describe it. I'll just say I'm going

620
00:31:22.320 --> 00:31:33.120
to make up something because in your case, I would have to say, let's say, a digital image of web site

621
00:31:33.760 --> 00:31:48.560
illustrating services with trademark Veron. There you go. And then my first use date.

622
00:31:49.360 --> 00:31:55.440
I'm just making stuff up. There we go. And assign the following basis.

623
00:31:55.440 --> 00:32:06.160
And you see how on the right-hand side now it says 1A. You see that?

624
00:32:07.600 --> 00:32:10.240
Yes, absolutely. Yeah, it's all there now. See,

625
00:32:10.960 --> 00:32:15.840
but one of them, one of these is not like the other. Do you guys remember that when you were

626
00:32:15.840 --> 00:32:22.240
kids? One of these is not like, I don't know how the song goes, but in any case, you want to grab

627
00:32:22.240 --> 00:32:27.520
the last one here and you say, well, that's a 1B because I'm not doing it yet. So I select the 1B.

628
00:32:27.520 --> 00:32:34.480
Now the beauty of selecting a 1B is that you can't provide any kind of specimen because you're not

629
00:32:34.480 --> 00:32:40.320
doing it yet. Right? So it makes it a lot easier, but you do have to check this box over here

630
00:32:41.040 --> 00:32:45.200
because it's saying to you, you need to understand that if your case gets allowed,

631
00:32:45.200 --> 00:32:51.040
it will not be registered until you change your intent to use application into an actual use

632
00:32:51.040 --> 00:32:57.520
application. It will not register into them because they're not going to give you the legal

633
00:32:57.520 --> 00:33:02.880
rights to your trademark until you start using it. Okay. But you do get a filing date. That's

634
00:33:02.880 --> 00:33:07.840
the important part. You need the following dates so nobody can file before you and take your legal

635
00:33:07.840 --> 00:33:11.920
rights. So you're going to have to check this box telling them, yes, I understand that I'm going to

636
00:33:11.920 --> 00:33:17.760
have to change it to an actual use later. And you click assign following basis and watch what happens.

637
00:33:18.560 --> 00:33:26.400
You see the right side now, I got a 1B and I got a bunch of 1As. See that? So I've got an intent to

638
00:33:26.400 --> 00:33:32.720
use and I got a bunch of actual uses. Now the good part is that they're all in one international

639
00:33:32.720 --> 00:33:40.080
class. Since they're all in one international class, I'm only paying one fee. But what if,

640
00:33:40.800 --> 00:33:44.400
what if I click add more goods

641
00:33:47.200 --> 00:33:55.520
and Addison is like so popular that everybody and their mother wants a thermos

642
00:33:56.800 --> 00:34:03.520
with his name on it. Everybody, they all want that, right? So I'm going to go look up a thermos.

643
00:34:03.520 --> 00:34:07.840
Let me turn this thing stuff over here. Go thermos.

644
00:34:14.560 --> 00:34:16.320
And after the hamsters are done running,

645
00:34:18.880 --> 00:34:27.920
there we go. You got thermal pots, electric, electric thermal pots, thermoelectric compressors,

646
00:34:28.000 --> 00:34:33.840
thermohygrometers. Clearly this is not the thermos that we were thinking of, right?

647
00:34:34.639 --> 00:34:42.560
You see that? Did you guys hear that? There's like lightning strikes going off and everything.

648
00:34:43.600 --> 00:34:51.120
All right. So, wow. All right. So now what I would do instead of that would look up like,

649
00:34:51.120 --> 00:34:59.200
let's say insulated storage.

650
00:35:00.000 --> 00:35:07.280
device or maybe even insulated cup or something like that. You have to play around with the words

651
00:35:07.280 --> 00:35:14.080
to find what you're looking for. Nothing comes up there so now you're gonna have to look up let's

652
00:35:14.080 --> 00:35:21.760
say insulated cup let's see if that provides anything. Now the beauty of the other application

653
00:35:21.760 --> 00:35:28.640
is you could just use the word thermos right but since you chose the cheaper version you have to

654
00:35:28.720 --> 00:35:36.800
find which class and which description covers what you're saying. So here's drinking cups for

655
00:35:36.800 --> 00:35:41.760
children and parts of fittings they're in namely drinking cups for children sold as a unit with

656
00:35:41.760 --> 00:35:49.360
non-insulated lids then insulated sleeve holder for beverage cups. That might be right

657
00:35:51.280 --> 00:35:55.600
might be right who knows but in any case let's say it was this one

658
00:35:56.560 --> 00:36:02.480
we'll just just for purposes of moving forward so we got that insert the checked entries all right

659
00:36:03.120 --> 00:36:08.080
now what you're seeing here is that I now have another international class do you see that

660
00:36:09.200 --> 00:36:16.880
that means I'm now following in two classes you pay the same fee for every single class

661
00:36:16.880 --> 00:36:25.440
it's multiplied so if you've paid 275 for the first class you're paying 275 for the second class

662
00:36:26.560 --> 00:36:34.000
okay so that means in this application I'm paying for two international classes class 21 and 43.

663
00:36:34.000 --> 00:36:42.560
I could have many different things in 43 I don't get charged for four times for 43 it's all in 43

664
00:36:42.560 --> 00:36:47.680
so it doesn't matter as long as it's all in the same class you can list as much as you want okay

665
00:36:48.480 --> 00:36:53.200
but in this case 21 is a different is a different class so I'm going to get

666
00:36:53.200 --> 00:36:58.640
charged double got it because there's two international classes so now what happens

667
00:36:59.200 --> 00:37:03.120
now I have to somebody unmute and tell me what's the next step I need to do here

668
00:37:13.680 --> 00:37:19.840
you're using it or not using it exactly and to use it are you using it that's exactly right so

669
00:37:19.840 --> 00:37:24.160
now I have to assign the following bases right you see the 1a and 1b on the bottom

670
00:37:25.280 --> 00:37:31.440
but if I select right now 1a then every single thing that's checked here is going to change

671
00:37:33.200 --> 00:37:39.280
so this is where you got to be careful so what I would do is unselect everything I would just

672
00:37:39.280 --> 00:37:44.880
select the one that you're looking at and then I would select what you want okay if you select

673
00:37:44.880 --> 00:37:49.200
everything you end up messing everything up and you have to start all over don't do that

674
00:37:50.160 --> 00:37:55.040
been there done that like don't don't make that mistake so unselect everything select

675
00:37:55.040 --> 00:38:03.440
the one that you want and then you can select your 1b status as an intent to use application

676
00:38:03.440 --> 00:38:10.320
click on that box and then assign the following basis and now what happens on the right

677
00:38:11.280 --> 00:38:19.680
bam 1b see it so I've got one class that's an intent to use application

678
00:38:21.040 --> 00:38:28.880
I've got another class that has three things as actual use and one thing that's intent to use

679
00:38:29.920 --> 00:38:36.880
you see that you've got them all covered so now all you do is you click continue

680
00:38:40.560 --> 00:38:45.200
now everything's in there now you can enter a docket number if you have an internal docketing

681
00:38:45.200 --> 00:38:50.880
system you already have one email address you can add another one if you want you don't have to

682
00:38:53.280 --> 00:38:54.240
continue from there

683
00:38:56.880 --> 00:39:00.240
and here's the fee see how I told you it's going to be two times

684
00:39:01.200 --> 00:39:06.960
see there it is two it's 250 times two because there's two classes class 21 and 43

685
00:39:07.600 --> 00:39:13.040
now it's going to ask you to sign this declaration saying that you didn't steal

686
00:39:13.040 --> 00:39:17.680
the name from somebody else or the logo from somebody else it's your original logo

687
00:39:18.640 --> 00:39:24.720
you're going to have to sign a sworn statement to that okay and so you're going to click different

688
00:39:24.720 --> 00:39:30.720
boxes here you can read that part yourself and then you sign it when you sign this is how you

689
00:39:30.720 --> 00:39:38.720
sign this is how the lawyers assign slash the name I'm just going to do let's say I'll do my name

690
00:39:41.280 --> 00:39:49.760
and then slash that's how you sign you click over to sign and it gives you the date then you type in

691
00:39:49.760 --> 00:39:55.440
your name as normal your position and that and then you click validate I'm not going to validate

692
00:39:55.440 --> 00:40:00.080
there's a whole other step that lawyers will do under validation okay

693
00:40:00.000 --> 00:40:05.040
That's how you double check your work. Everything that you entered in is you validate it. All right.

694
00:40:07.040 --> 00:40:12.240
Those are all the parts for filing a trademark application that your lawyer is going to go

695
00:40:12.240 --> 00:40:19.760
through. So you now understand all the parts that they're going to need. The specimen,

696
00:40:19.760 --> 00:40:25.520
the date of first use, the company name, there's a DBA or not, where it's incorporated.

697
00:40:26.480 --> 00:40:33.280
If there is a logo, they're going to need an actual image that shows the logo.

698
00:40:34.160 --> 00:40:39.360
Okay. You have to give them your recitation of goods and services and your international class.

699
00:40:39.360 --> 00:40:43.040
Here's the beauty. You now know how to look up the international class yourself.

700
00:40:44.720 --> 00:40:49.600
All right. Lawyers spend a lot of time looking this stuff up or paralegals looking this stuff up.

701
00:40:50.240 --> 00:40:53.520
You can take all the time you want doing it yourself now because you know how to do it.

702
00:40:54.400 --> 00:40:59.040
You have the replay so you can look it up and watch it and do it a few times. Practice this.

703
00:41:00.240 --> 00:41:05.120
Practice it so you learn how to do all this stuff. Then you give them a complete package.

704
00:41:06.640 --> 00:41:11.520
Then all I do when I get it is I'm now going to go look and make sure everything's consistent. Yep,

705
00:41:11.520 --> 00:41:16.880
specimen is good. The application data is correct. The recitation of goods and services,

706
00:41:16.880 --> 00:41:22.240
I agree with that. I'll double check with you and see, hey, are you sure this is the recitation of

707
00:41:22.240 --> 00:41:33.760
services that you want to use? Thank you, babe. My wife. Thanks, man. You can use all of that

708
00:41:33.760 --> 00:41:38.960
information and then give it to the attorney. They're just going to double check it and

709
00:41:39.760 --> 00:41:48.560
done. Your application should cost maybe 800 bucks or less versus I've seen people charging

710
00:41:48.560 --> 00:41:53.040
1600 bucks for a trademark application. I don't understand it. I do not understand it.

711
00:41:55.680 --> 00:42:00.160
I'm an electrical engineer and I've written patents on rocket science. This is not rocket

712
00:42:00.160 --> 00:42:07.760
science. I know what rocket science is. I've written patents on the type of technology,

713
00:42:07.760 --> 00:42:14.880
BAE technologies. I've written patents for them and others, MIT and others. It's not that difficult.

714
00:42:15.680 --> 00:42:18.400
You should be able to get most of this stuff together and keep your costs low.

715
00:42:19.680 --> 00:42:26.000
Is that helpful? Does that help you guys? Yeah? Good. We walked through a basic filing. Now,

716
00:42:26.000 --> 00:42:33.200
there's some other stuff you can do. You can make it more complicated, but that's basically

717
00:42:34.480 --> 00:42:40.320
90% of the time, that's what it's going to be like. If it's a case where you had prior

718
00:42:40.320 --> 00:42:45.280
trademark applications, you may have to file an additional statement. If you're filing off

719
00:42:45.280 --> 00:42:50.000
of some foreign case and now you're filing in the US, you have to file an additional statement.

720
00:42:50.000 --> 00:42:56.560
Your lawyers will know what to do. We know that stuff real fast. We can do that. You shouldn't

721
00:42:56.560 --> 00:43:00.880
have to worry about that because if you do that wrong, you lose the filing date. You don't need

722
00:43:00.880 --> 00:43:08.480
that. All right. Let me take a few questions. See if anybody has a question on what we've covered

723
00:43:08.480 --> 00:43:22.960
so far. Yes. Go ahead, Kay. Hey, Peter. I have two questions. The first one is, let's say we

724
00:43:22.960 --> 00:43:30.000
definitely know the service class and we want to add products, like you used the sippy cup example

725
00:43:30.000 --> 00:43:36.080
or the cup example, but we don't have it right now yet. Do we do separate filings for that or

726
00:43:36.160 --> 00:43:47.120
do we just do it now, all income passing filing? Great question. I'll get to part two in a second,

727
00:43:47.120 --> 00:43:53.120
but that's why I went through the example that I did today because you'll notice I filed certain

728
00:43:53.120 --> 00:44:00.880
things as actual use, others in a different class as intent to use. You can file them all in one

729
00:44:00.880 --> 00:44:06.960
application. You can file your actual use and your intent to use. Now, technically, you could

730
00:44:06.960 --> 00:44:15.040
separate them if you want. I just think it's kind of a waste of time because if you separate them,

731
00:44:15.040 --> 00:44:22.320
you're going to have to enter all the information again, right? And the only real plus to

732
00:44:22.320 --> 00:44:28.960
separating them is that you can get a registration faster with not having to wait for other classes

733
00:44:28.960 --> 00:44:35.200
to get registered. You can just get your application completely registered at once, right?

734
00:44:35.200 --> 00:44:40.480
So that is, if you're looking for a registration certificate as soon as possible, then by all means

735
00:44:40.480 --> 00:44:46.320
file separate applications if you want. It's going to cost you a little more with your attorney because

736
00:44:46.320 --> 00:44:51.760
they have to refile everything. They have to enter all the data again, right, which it takes a little

737
00:44:51.760 --> 00:44:59.840
time, okay? But if that's not the case, like you don't need your registration certificate.

738
00:45:00.000 --> 00:45:03.360
immediately, then you could, you could file one application with

739
00:45:03.360 --> 00:45:06.560
everything in it. And then when you and then when your actual

740
00:45:06.560 --> 00:45:10.640
use portion of the case is ready to issue, you could separate,

741
00:45:10.640 --> 00:45:14.800
you could file a petition to separate your case, right to

742
00:45:14.800 --> 00:45:19.080
split your case. And then then you'll take your actual use and

743
00:45:19.080 --> 00:45:22.840
separate it out from your intent to use and get your registration

744
00:45:22.840 --> 00:45:26.360
for part of it, and not other parts of it. So there's certain

745
00:45:26.600 --> 00:45:30.440
certain tricks to the trade that we know as attorneys. So but what

746
00:45:30.440 --> 00:45:33.400
I would say is, if you want to get a registration certificate,

747
00:45:33.400 --> 00:45:36.760
nice and clean and fast, you can file them separately, it'll cost

748
00:45:36.760 --> 00:45:39.480
you a little bit more, it shouldn't be much though, okay,

749
00:45:39.480 --> 00:45:46.040
because, I mean, you, it's not a lot of work, you know, but if

750
00:45:46.040 --> 00:45:49.480
you do that, Carrie says, Does that mean that none gets

751
00:45:49.480 --> 00:45:52.880
approved until already? All right, can separate it out

752
00:45:52.880 --> 00:45:55.880
after? Right? Yeah, that's it. You can separate it out after.

753
00:45:55.880 --> 00:45:59.240
Yeah. So you can file it. And then you can add make a request

754
00:45:59.240 --> 00:46:04.800
to separate your case, and then get to registration. So you can

755
00:46:04.800 --> 00:46:08.400
do that. Or you could say, well, I'm already using it. So I'll

756
00:46:08.400 --> 00:46:11.400
file my intent to use application separate. You could

757
00:46:11.400 --> 00:46:15.000
do that too. You know that I've seen people do that. And then

758
00:46:15.000 --> 00:46:19.160
they get a quick registration. Right? So it's up to you. You

759
00:46:19.160 --> 00:46:21.920
can either file petition to split later, or you can file

760
00:46:22.400 --> 00:46:25.800
together now. I mean, or separate now, it's up to you.

761
00:46:28.400 --> 00:46:29.360
What was part two?

762
00:46:29.920 --> 00:46:32.920
By part two is, let's say we're ready to trademark something

763
00:46:32.920 --> 00:46:37.240
now. And we know like the basics. So what is the process

764
00:46:37.240 --> 00:46:41.040
of, you know, working with an attorney, like, let's say with

765
00:46:41.040 --> 00:46:45.200
you, like, you're here now, you're like an IP attorney, and

766
00:46:45.200 --> 00:46:48.960
the cost of that? And how do we go about starting that process?

767
00:46:48.960 --> 00:46:52.360
That's a great question. Alright, so let me talk a little

768
00:46:52.360 --> 00:46:55.200
bit about working with an attorney, right? What happens?

769
00:46:55.560 --> 00:47:01.520
So first thing, I would never ever, ever search the internet

770
00:47:01.520 --> 00:47:05.840
to find a lawyer. I just wouldn't do that. It's just what

771
00:47:05.840 --> 00:47:09.520
you do is you find at least you find a lawyer that either you

772
00:47:09.520 --> 00:47:13.040
know, is competent or a lawyer who knows somebody who's

773
00:47:13.040 --> 00:47:16.880
competent, right? You don't go looking on Google for a lawyer.

774
00:47:16.880 --> 00:47:22.360
It's just a bad idea. Okay. In general, it's just it's not a

775
00:47:22.360 --> 00:47:26.200
good idea. So now let's say you find a lawyer that you like now

776
00:47:26.200 --> 00:47:29.080
you've got to do what's called a conflict check. Every good

777
00:47:29.080 --> 00:47:31.840
lawyer is going to do a conflict check. That means the lawyer is

778
00:47:31.840 --> 00:47:34.480
going to check internally to see if they have any clients that

779
00:47:34.480 --> 00:47:38.640
potentially conflict with your trademark or your services.

780
00:47:39.200 --> 00:47:41.720
Right, that might take a day or two for them to do a conflict

781
00:47:41.720 --> 00:47:44.960
check depending on how big how big the law firm is. All right,

782
00:47:45.680 --> 00:47:48.160
then they'll come back to you and they'll say, Nope, we don't

783
00:47:48.160 --> 00:47:51.040
have a conflict. Or if they say they do have a conflict, then

784
00:47:51.040 --> 00:47:53.640
they'll tell you, I'm sorry, we can't take care of you. And you

785
00:47:53.640 --> 00:47:57.160
should ask them, can you recommend another law firm? In

786
00:47:57.160 --> 00:48:00.400
which case, it costs you nothing to ask them that. And then you

787
00:48:00.400 --> 00:48:03.440
get a referral. The reason why I always say to work with a

788
00:48:03.440 --> 00:48:07.440
referral from a lawyer is because then that lawyer is

789
00:48:07.440 --> 00:48:11.960
held accountable. Right? If, if you call me and you asked me for

790
00:48:11.960 --> 00:48:14.360
a bankruptcy lawyer, and I send you a bankruptcy lawyer, and

791
00:48:14.360 --> 00:48:18.520
they stink, I expect you to call me up and go, why in the

792
00:48:18.520 --> 00:48:21.520
world did you give me the name of that guy? He has no clue what

793
00:48:21.520 --> 00:48:25.000
bankruptcy is, you know, so I don't know why you gave me that

794
00:48:25.000 --> 00:48:28.320
number. So I'm not going to refer to you somebody who

795
00:48:28.320 --> 00:48:31.040
doesn't know what they're doing. Because that's going to be a

796
00:48:31.040 --> 00:48:33.920
poor reflection on myself. So that's the first thing I would

797
00:48:33.920 --> 00:48:37.160
do when hiring a lawyer, I would make sure that you're working

798
00:48:37.160 --> 00:48:40.960
either either you know, somebody from personal experience, like,

799
00:48:41.160 --> 00:48:43.440
obviously, the training here, you know, I know what I'm doing

800
00:48:43.440 --> 00:48:45.400
or somebody else, you know, that they're doing, they know

801
00:48:45.400 --> 00:48:48.920
what they're doing. Or you call a lawyer who knows somebody, and

802
00:48:48.920 --> 00:48:52.000
then hold them accountable. All right. Now you've got the

803
00:48:52.000 --> 00:48:54.320
lawyer, they do the conflict check, they're going to send you

804
00:48:54.320 --> 00:48:57.960
an engagement agreement. The engagement agreement is going to

805
00:48:57.960 --> 00:49:02.160
give you some of the basic information, like the billing

806
00:49:02.160 --> 00:49:06.040
rate, what your responsibility is going to say, you know, if

807
00:49:06.040 --> 00:49:08.720
you change addresses, it's your responsibility to tell me where

808
00:49:08.720 --> 00:49:12.320
you've gone, I'm not going to go looking for you. You know,

809
00:49:12.320 --> 00:49:15.760
because I can't be held liable because you've moved right to

810
00:49:15.760 --> 00:49:19.360
Malibu, like I can't do that. So that that's all in the agreement,

811
00:49:19.360 --> 00:49:23.080
right? You sign the agreement, you send a retainer, most law

812
00:49:23.080 --> 00:49:25.440
firms are going to ask for retainer why they've never

813
00:49:25.440 --> 00:49:28.640
worked with you before. And unfortunately, there are times

814
00:49:28.640 --> 00:49:32.360
when people get hired, the law firm does the work, and then

815
00:49:32.360 --> 00:49:35.680
they don't pay. And it costs a lot of money to legally enforce

816
00:49:35.680 --> 00:49:37.640
all this stuff. So they want to get at least some of it up

817
00:49:37.640 --> 00:49:41.960
front, right? So they'll ask for a retainer. Now, the other thing

818
00:49:41.960 --> 00:49:45.000
that I would be asking if I were you was exactly what you just

819
00:49:45.000 --> 00:49:49.040
said, okay, how much does it cost? Like, give me an idea of

820
00:49:49.040 --> 00:49:55.640
cost. You have no idea how many people call me up and never ask

821
00:49:55.640 --> 00:50:00.000
me what the cost is. Like now, if they know of

822
00:50:00.000 --> 00:50:03.120
me or they know me, I accept that because they know I'm not

823
00:50:03.120 --> 00:50:06.360
going to rip them off. They know I'm honest, right? But if I've

824
00:50:06.360 --> 00:50:11.120
never met you, and you know nothing about me, you should be

825
00:50:11.120 --> 00:50:14.240
asking, well, what's this thing going to cost? Like, am I paying

826
00:50:14.240 --> 00:50:17.640
for a limousine here or a Pinto? Like what exactly is going on

827
00:50:17.640 --> 00:50:21.920
here? Right? That's a basic question. How many of us by a

828
00:50:21.920 --> 00:50:26.760
show of hands, saw a house and purchased it without asking for

829
00:50:26.760 --> 00:50:30.720
the price? All right, Sherry did. Gotcha, Sherry. Sherry did.

830
00:50:30.840 --> 00:50:34.040
She bought it right away. She's loaded. We're going to your

831
00:50:34.040 --> 00:50:37.240
house next week, Sherry. So I mean, that's, you know, that's

832
00:50:37.240 --> 00:50:40.600
kind of different. You don't do that in with houses. So why

833
00:50:40.600 --> 00:50:43.200
would you do it with lawyers? Right? So you asked, like you

834
00:50:43.200 --> 00:50:47.040
just said, so now a trademark application, typically, if

835
00:50:47.040 --> 00:50:50.520
you've gone through my training, and you're providing me with a

836
00:50:50.520 --> 00:50:53.560
complete package, it'll typically be in the order of

837
00:50:53.920 --> 00:50:57.040
somewhere around 800 bucks, usually around there, because

838
00:50:57.040 --> 00:50:59.360
I'm going to double check everything, make sure

839
00:50:59.360 --> 00:51:03.240
everything's right. Now, it could cost less, based on how

840
00:51:03.240 --> 00:51:07.840
much time it takes to do that, right. But if in the review, I

841
00:51:07.840 --> 00:51:10.720
look at the recitation of goods and services and a specimen and

842
00:51:10.720 --> 00:51:13.480
the specimen makes no sense whatsoever, and the goods are

843
00:51:13.480 --> 00:51:17.000
just wrong. You know, descriptions make no sense. Now

844
00:51:17.000 --> 00:51:20.040
I've got to go and start making phone calls, and looking at

845
00:51:20.040 --> 00:51:22.840
websites and trying to find the right things. That's what brings

846
00:51:22.880 --> 00:51:26.480
up the cost. That's why I do this training, so people can

847
00:51:26.480 --> 00:51:30.040
understand. But in general, probably around 800 bucks is

848
00:51:30.040 --> 00:51:35.680
where you're looking, right? If you knew nothing, it'll

849
00:51:35.680 --> 00:51:40.440
typically be in the order of 1200 to $1,500. I've seen people

850
00:51:40.440 --> 00:51:44.880
charge 1600 bucks for trademark applications. I think that's

851
00:51:44.880 --> 00:51:51.240
insane, personally. They're not that difficult. But I've also

852
00:51:51.240 --> 00:51:54.360
had clients that could not get me a good specimen, and it's

853
00:51:54.360 --> 00:51:57.680
taking me five hours to finally get a good specimen. That

854
00:51:57.680 --> 00:52:01.920
application cost them like 2500 bucks, because I couldn't get a

855
00:52:01.920 --> 00:52:04.520
good specimen from them. We just kept going back and forth, back

856
00:52:04.520 --> 00:52:10.520
and forth. So after you file your application, then after the

857
00:52:10.520 --> 00:52:13.440
application filing, you're going to go through an examination

858
00:52:13.440 --> 00:52:17.600
process, right? So now it's going to take about nine months,

859
00:52:17.640 --> 00:52:20.040
eight to nine months to hear from the United States Patent

860
00:52:20.040 --> 00:52:25.320
Trademark Office. And they're going to say, yes, it's allowed

861
00:52:25.360 --> 00:52:28.800
or no, it's not allowed. Here's a rejection. If you get an

862
00:52:28.800 --> 00:52:31.640
office action, that's the rejection. You're going to have

863
00:52:31.640 --> 00:52:35.640
to respond to that office action. Ask that same question

864
00:52:35.640 --> 00:52:39.800
you just asked, ask the attorney again. What does it cost for the

865
00:52:39.800 --> 00:52:43.240
response to the office action? If it is a likelihood of

866
00:52:43.240 --> 00:52:46.720
confusion rejection, it's typically in the order of 1500

867
00:52:46.720 --> 00:52:50.280
bucks to 2500 bucks, depending on the complexity of the

868
00:52:50.280 --> 00:52:54.520
rejection. If it's just an allowance, cost you a couple

869
00:52:54.520 --> 00:52:56.480
hundred bucks to go through the process and get your

870
00:52:56.480 --> 00:53:02.240
registration. So it depends upon what happens. It's like, it's

871
00:53:02.240 --> 00:53:06.360
kind of like I've had somebody before say, hey, I want to file

872
00:53:06.360 --> 00:53:08.960
a patent application, can you give me an estimate? That's when

873
00:53:08.960 --> 00:53:14.720
I asked them, okay, am I filing a patent application on a, you

874
00:53:14.720 --> 00:53:19.440
know, on a, on a fishing pole? Or is it a nuclear weapon? Like,

875
00:53:19.480 --> 00:53:23.240
what exactly am I filing? Like, I need to know before I can give

876
00:53:23.240 --> 00:53:26.840
the estimate, right? It's not that it's not that way with

877
00:53:26.840 --> 00:53:31.120
trademarks. trademarks are pretty straightforward. So

878
00:53:31.120 --> 00:53:34.760
you're not going to get like what a patent you may pay, I

879
00:53:34.760 --> 00:53:39.320
filed a patent application for $29,000. All right, it was a 200

880
00:53:39.320 --> 00:53:43.360
page application for a client. Most applications are like 18

881
00:53:43.360 --> 00:53:48.120
pages. But this technology had to do with artificial

882
00:53:48.120 --> 00:53:53.280
intelligence. And it was way out there, like way out there. And

883
00:53:53.320 --> 00:53:57.800
it's, it's, it's incredible technology. And so I had to

884
00:53:57.840 --> 00:54:00.840
bring all that back to earth so that the examiner can

885
00:54:00.840 --> 00:54:03.800
understand it by talking about neural networks and all this

886
00:54:03.800 --> 00:54:07.160
other stuff. And by the end of the day, it was a 200 page

887
00:54:07.160 --> 00:54:09.840
patent. The client was deliriously happy. They're

888
00:54:09.840 --> 00:54:12.000
like, that's like the best patent I've ever seen. I was

889
00:54:12.000 --> 00:54:15.400
like, I'm glad you feel that way. Your bills almost $30,000.

890
00:54:15.720 --> 00:54:19.200
They said, Okay, I don't care. Because they had funding for

891
00:54:19.200 --> 00:54:25.040
millions for that technology. So but trademarks? No, trademarks

892
00:54:25.040 --> 00:54:29.760
should be typically like 1200 bucks. You know, if you're going

893
00:54:29.760 --> 00:54:33.920
over 1200 bucks, you're going too high, it should be less than

894
00:54:33.920 --> 00:54:36.440
that. And if you've been through this training, and you're doing

895
00:54:36.440 --> 00:54:41.160
it right, usually around 800 bucks, if not less. Sherry, go

896
00:54:41.160 --> 00:54:42.840
right ahead. Take one more question. And then we're going

897
00:54:42.840 --> 00:54:44.800
to end for today.

898
00:54:48.320 --> 00:54:55.240
Sorry. Is it okay if I ask the question I had earlier? Yeah,

899
00:54:55.240 --> 00:54:58.200
good. Okay. So

900
00:55:00.000 --> 00:55:06.320
So you were talking about description earlier descriptors and how how

901
00:55:06.320 --> 00:55:17.520
descriptors like blue shoes or whatever wouldn't count as a trademark so but I

902
00:55:17.520 --> 00:55:22.040
was talking to you yesterday about Confident Kids and I was talking about

903
00:55:22.040 --> 00:55:31.680
Confident Kids Academy is is mine or is what we were you have been using and but

904
00:55:31.680 --> 00:55:39.000
isn't Confident Kids like as just by itself it's not a descriptor? Well if I

905
00:55:39.000 --> 00:55:44.240
if I answer that that's legal advice so I can't give you that specific scenario

906
00:55:44.240 --> 00:55:49.040
if that's legal because that is legal advice so I can't tell you that but I

907
00:55:49.040 --> 00:55:53.480
can talk to you about what is something that's descriptive and what's something

908
00:55:53.480 --> 00:55:57.920
that's not descriptive so it let's use a different trademark so I'm not gonna

909
00:55:57.920 --> 00:56:03.720
tell you exactly what what what happens in that scenario so let's say I want to

910
00:56:03.720 --> 00:56:14.240
file a trademark application for let's say brilliant inventors right I'm

911
00:56:14.240 --> 00:56:20.640
providing I'm providing a service and my service is I'm doing challenges and

912
00:56:20.640 --> 00:56:26.880
inventors come in and they're smart but my focus is to make them even smarter

913
00:56:26.880 --> 00:56:31.520
right so I call it brilliant inventors

914
00:56:32.640 --> 00:56:38.920
it depends upon the international class that I'm filing the trademark in if I'm

915
00:56:38.920 --> 00:56:47.320
filing it in class 41 in class 41 that has to do with training education right

916
00:56:47.320 --> 00:56:57.600
so brilliant inventors is that really descriptive of the training that I'm

917
00:56:57.600 --> 00:57:03.240
doing I could see an examiner coming back and saying yes you're you're the

918
00:57:03.240 --> 00:57:08.440
people that you're training are gonna end up brilliant so therefore I believe

919
00:57:08.440 --> 00:57:16.480
it is a descriptive trademark my argument back to them would be no class

920
00:57:16.480 --> 00:57:23.920
41 is for the training itself not for the people that are trained so I'm

921
00:57:23.920 --> 00:57:27.720
getting into legal analysis here so if I lose you that it's because you asked

922
00:57:27.720 --> 00:57:34.440
this question so I have I'm like telling you how it really works and so I would

923
00:57:34.440 --> 00:57:41.000
say since class 41 is for the training you can't say that the training the

924
00:57:41.000 --> 00:57:46.280
description of the training is brilliant inventors because the training is not an

925
00:57:46.280 --> 00:57:51.200
inventor and it's not a brilliant inventor it is the result of using my

926
00:57:51.200 --> 00:57:55.840
training that results in the brilliant inventor so therefore if my application

927
00:57:55.840 --> 00:58:04.000
is in 41 for educational services brilliant inventor is not descript is

928
00:58:04.000 --> 00:58:08.880
not a description of my services it's a result of my services it's not a

929
00:58:08.880 --> 00:58:13.640
description of my services but that's a legal argument that has to be made to

930
00:58:13.640 --> 00:58:17.640
the United States patent trademark office by a really good attorney to get

931
00:58:17.640 --> 00:58:22.920
that registration to go through right and it can be difficult so what I would

932
00:58:22.920 --> 00:58:29.440
say to you is if the results of the service that's being provided is the

933
00:58:29.440 --> 00:58:35.960
term that's being utilized I tend to tell people to stay away from it because

934
00:58:35.960 --> 00:58:41.000
it's an uphill legal battle which results in a lot of cost a lot of money

935
00:58:41.000 --> 00:58:49.240
right and so that's different from something that's suggestive right a

936
00:58:49.240 --> 00:58:56.400
suggestive mark which is what I gave everybody example of earlier in in the

937
00:58:56.400 --> 00:59:00.800
challenge it's supposed to make you think of something but it's not

938
00:59:00.800 --> 00:59:06.400
descriptive something that's suggestive is not descriptive descriptive is those

939
00:59:06.400 --> 00:59:11.840
are the words that I would be using to describe the service but I have seen

940
00:59:11.840 --> 00:59:17.720
many times examiners come out and say well the result of the service are those

941
00:59:17.720 --> 00:59:22.680
words in which case I now have to fight a legal battle to make them understand

942
00:59:22.680 --> 00:59:29.000
no it's not descriptive of the service it's descriptive of the result of the

943
00:59:29.000 --> 00:59:33.200
service and therefore I should get the registration again that's an uphill

944
00:59:33.200 --> 00:59:40.200
battle and you may win you may not win so I tend to tell people try to find

945
00:59:40.200 --> 00:59:44.280
something that's not descriptive of the goods and services or the result of the

946
00:59:44.280 --> 00:59:49.400
goods and services now that's different from suggestive like you know if you're

947
00:59:49.400 --> 00:59:56.800
trying to say the result of this services is this is getting really thick

948
00:59:56.800 --> 01:00:02.000
legally so I don't want to confuse people by going into this too deep

949
01:00:00.000 --> 01:00:04.260
but there's a difference between suggestive and descriptive.

950
01:00:04.260 --> 01:00:05.800
Talk to your lawyer.

951
01:00:05.800 --> 01:00:08.740
Your lawyer will be able to take your specific scenario

952
01:00:08.740 --> 01:00:12.100
and say, yes, you can do this, or no, you can't do that.

953
01:00:12.100 --> 01:00:13.540
We can't do that here in a challenge

954
01:00:13.540 --> 01:00:15.580
because that would be legal advice.

955
01:00:15.580 --> 01:00:16.820
And we can't give legal advice

956
01:00:16.820 --> 01:00:18.220
because then I could be liable

957
01:00:18.220 --> 01:00:20.580
and I am not gonna be liable for 95 bucks.

958
01:00:20.580 --> 01:00:22.000
There you go, cheers.

959
01:00:25.000 --> 01:00:27.980
Okay, let me take one question from Kerry

960
01:00:27.980 --> 01:00:29.120
and then we're gonna close.

961
01:00:29.160 --> 01:00:31.480
Remember, we've got three more days together.

962
01:00:31.480 --> 01:00:33.020
Three, three more days.

963
01:00:33.020 --> 01:00:33.920
It's very quick.

964
01:00:33.920 --> 01:00:35.960
It's just actually about what you're talking about.

965
01:00:35.960 --> 01:00:37.520
These classifications,

966
01:00:37.520 --> 01:00:39.160
you said that they're the two different kinds.

967
01:00:39.160 --> 01:00:41.800
There's the 250 where you go in

968
01:00:41.800 --> 01:00:46.080
and you use the system to find what it is

969
01:00:46.080 --> 01:00:48.920
you're looking for, or you can make up your own.

970
01:00:48.920 --> 01:00:49.760
Right.

971
01:00:49.760 --> 01:00:54.600
It sounded almost like that might have been preferable.

972
01:00:54.600 --> 01:00:55.840
I mean, is there a time,

973
01:00:55.840 --> 01:00:58.880
it seems to me like you want it to be as wide as possible,

974
01:00:59.640 --> 01:01:02.520
but is there a case where you want it to be really specific

975
01:01:02.520 --> 01:01:04.960
so that someone can't go and argue,

976
01:01:04.960 --> 01:01:07.560
well, it's too generic?

977
01:01:07.560 --> 01:01:09.520
Yeah, so in the application that,

978
01:01:09.520 --> 01:01:11.360
let me share my screen again.

979
01:01:13.160 --> 01:01:14.320
Share.

980
01:01:14.320 --> 01:01:16.720
In this application here, if I go back,

981
01:01:16.720 --> 01:01:19.520
go back and go back,

982
01:01:21.560 --> 01:01:25.200
childcare is really broad, right?

983
01:01:25.200 --> 01:01:26.480
That's very broad.

984
01:01:26.480 --> 01:01:28.600
Now there's childcare centers

985
01:01:28.600 --> 01:01:31.160
and short-term drop-in childcare services,

986
01:01:31.160 --> 01:01:33.160
but childcare is really broad.

987
01:01:33.160 --> 01:01:36.040
So you can, what I tend to tell people is like,

988
01:01:36.040 --> 01:01:37.640
or the way I file applications,

989
01:01:37.640 --> 01:01:39.960
I start filing by the broad term

990
01:01:39.960 --> 01:01:42.800
and then I provide more narrow language after,

991
01:01:42.800 --> 01:01:44.600
separated by like a semicolon.

992
01:01:44.600 --> 01:01:45.920
That's the way I do it.

993
01:01:45.920 --> 01:01:48.040
So then I have really broad,

994
01:01:48.040 --> 01:01:49.560
then I have a little more narrow,

995
01:01:49.560 --> 01:01:51.600
a lot more narrow, very narrow,

996
01:01:52.520 --> 01:01:54.280
but I have the broad term in there.

997
01:01:54.280 --> 01:01:56.280
So if somebody is using that broad thing,

998
01:01:57.040 --> 01:01:57.880
I got them.

999
01:01:57.880 --> 01:01:59.280
That's the way I do it.

1000
01:01:59.280 --> 01:02:00.840
Yeah, it's a good question.

1001
01:02:03.600 --> 01:02:04.440
Yeah.

1002
01:02:04.440 --> 01:02:05.280
Thank you.

1003
01:02:05.280 --> 01:02:07.200
So let me elaborate.

1004
01:02:07.200 --> 01:02:09.760
So if you file that other one, that's $350,

1005
01:02:09.760 --> 01:02:11.920
it's not an easy way out.

1006
01:02:11.920 --> 01:02:13.400
It may seem like an easy way out,

1007
01:02:13.400 --> 01:02:16.160
but it's not because what typically happens

1008
01:02:16.160 --> 01:02:19.120
is the examiner will come back and reject

1009
01:02:19.120 --> 01:02:21.360
your recitation and goes to services

1010
01:02:21.360 --> 01:02:24.200
and they'll say, this is not acceptable.

1011
01:02:24.200 --> 01:02:26.080
Now, sometimes the examiner will come back

1012
01:02:26.880 --> 01:02:28.120
and give you a suggestion and say,

1013
01:02:28.120 --> 01:02:30.880
what I would suggest you use instead is the following,

1014
01:02:30.880 --> 01:02:33.640
in which case you can adopt what they give you

1015
01:02:33.640 --> 01:02:35.560
and then modify some of the language a little bit,

1016
01:02:35.560 --> 01:02:36.400
which is pretty cool.

1017
01:02:36.400 --> 01:02:38.240
There's some really cool examiners out there

1018
01:02:38.240 --> 01:02:40.800
that are like, I don't want to spend all day and night

1019
01:02:40.800 --> 01:02:42.160
on something this simple.

1020
01:02:42.160 --> 01:02:44.080
Let me give it to you.

1021
01:02:44.080 --> 01:02:46.640
Now you just fill in the blank here.

1022
01:02:46.640 --> 01:02:48.080
I gave you the rest.

1023
01:02:48.080 --> 01:02:49.440
I love those examiners.

1024
01:02:49.440 --> 01:02:52.360
Matter of fact, when I filed my trademark application

1025
01:02:52.360 --> 01:02:56.440
for Challenge Whisperers, Challenge Whisperer,

1026
01:02:57.480 --> 01:03:01.360
I got a call from the examiner and the examiner said,

1027
01:03:01.360 --> 01:03:04.960
I think your recitation of services needs to be modified.

1028
01:03:04.960 --> 01:03:07.840
And the reason why is he didn't know what a challenge was.

1029
01:03:07.840 --> 01:03:12.000
He thought challenge meant like I'm running into a challenge

1030
01:03:12.000 --> 01:03:14.160
you know, like something that's challenging.

1031
01:03:14.160 --> 01:03:16.040
He didn't think it was like, you know,

1032
01:03:16.040 --> 01:03:17.800
a training, an online training.

1033
01:03:17.800 --> 01:03:19.640
So he came out and said,

1034
01:03:19.640 --> 01:03:21.400
oh, this language needs to be modified.

1035
01:03:21.400 --> 01:03:24.120
Now I thought to myself, hmm,

1036
01:03:25.000 --> 01:03:26.400
first of all, I'm an attorney.

1037
01:03:26.400 --> 01:03:27.440
Do I tell him that?

1038
01:03:27.440 --> 01:03:28.280
Because if I tell him that

1039
01:03:28.280 --> 01:03:30.600
he's going to be on defense immediately.

1040
01:03:30.600 --> 01:03:33.320
So I said, let me not say that.

1041
01:03:33.320 --> 01:03:34.920
I didn't tell him anything.

1042
01:03:34.920 --> 01:03:39.000
And then what I saw was by using the word challenge,

1043
01:03:39.000 --> 01:03:40.680
it was a little descriptive.

1044
01:03:40.680 --> 01:03:43.040
So I decided instead of doing that

1045
01:03:43.040 --> 01:03:44.360
to use the language that he gave,

1046
01:03:44.360 --> 01:03:47.560
which actually was broader than my word challenge.

1047
01:03:47.560 --> 01:03:49.680
I knew that because I knew the law.

1048
01:03:49.680 --> 01:03:51.600
So then I said, you know what?

1049
01:03:51.600 --> 01:03:52.960
That's a great suggestion.

1050
01:03:52.960 --> 01:03:54.920
Let's take what you say, Mr. Examiner.

1051
01:03:54.920 --> 01:03:58.160
Thank you for so much for, you know,

1052
01:03:58.160 --> 01:03:59.960
imparting your wisdom upon me.

1053
01:03:59.960 --> 01:04:01.200
This is amazing.

1054
01:04:01.200 --> 01:04:02.440
Thank you for the phone call.

1055
01:04:02.440 --> 01:04:03.640
And he was all ecstatic.

1056
01:04:03.640 --> 01:04:05.480
He's like, that's great.

1057
01:04:05.480 --> 01:04:07.320
All right, I'm going to register right now.

1058
01:04:07.320 --> 01:04:08.720
You're going to go through.

1059
01:04:08.720 --> 01:04:11.480
And he paused and he said,

1060
01:04:11.480 --> 01:04:13.080
you're an attorney, aren't you?

1061
01:04:15.880 --> 01:04:18.640
And I said, yeah, I am.

1062
01:04:18.640 --> 01:04:21.760
He says, I should have known you agreed way too fast

1063
01:04:21.760 --> 01:04:24.200
and you knew that it was broader coverage.

1064
01:04:24.200 --> 01:04:26.040
I said, yeah, but you're really nice

1065
01:04:26.040 --> 01:04:27.720
for giving me broader coverage.

1066
01:04:27.720 --> 01:04:29.840
He says, well, it was nice talking to you, Mr. Davis.

1067
01:04:29.840 --> 01:04:30.680
I said, you too.

1068
01:04:30.680 --> 01:04:32.520
And that was it, so.

1069
01:04:32.520 --> 01:04:36.760
All right, so with that, I'm going to close for tonight.

1070
01:04:36.760 --> 01:04:37.680
You guys have your homework.

1071
01:04:37.680 --> 01:04:39.320
You can do that today or tomorrow.

1072
01:04:39.320 --> 01:04:40.600
Peter was a suck up.

1073
01:04:40.600 --> 01:04:43.520
Yeah, I can be good at that every once in a while.

1074
01:04:43.520 --> 01:04:46.240
Yeah, it's like, hey, you know what?

1075
01:04:46.240 --> 01:04:48.320
Honor, here's your lesson for today.

1076
01:04:49.000 --> 01:04:50.880
Your spiritual lesson for the day.

1077
01:04:50.880 --> 01:04:54.080
Honor results in favor, okay?

1078
01:04:54.080 --> 01:04:56.240
When you honor those in authority over you,

1079
01:04:56.240 --> 01:04:58.440
you tend to see favor follow.

1080
01:04:58.440 --> 01:05:00.240
Don't honor the people just to get.

1081
01:05:00.000 --> 01:05:05.520
favor because that's called manipulation, right? And the enemy's manipulation is not going to be

1082
01:05:05.520 --> 01:05:11.280
utilized in the kingdom. It'll mess things up. So, honor, step into favor, okay? So, and with that,

1083
01:05:11.280 --> 01:05:16.000
I just want to honor all you guys. That's a great aside. You see how I did that? Just like,

1084
01:05:16.000 --> 01:05:20.560
whoo, right in there. I want to honor you guys. Great job. You're doing an awesome job. I will

1085
01:05:20.560 --> 01:05:25.520
see all of you tomorrow when we'll jump into copyrights. And I'm going to jump off now,

1086
01:05:25.520 --> 01:05:29.680
Larissa. Yeah, I'll catch up with you guys later.