Welcome to the protect your idea challenge day one.
Welcome.
So happy to see everyone coming in.
We are going to have a fantastic time.
Welcome everyone.
Hello, people.
I love to see the clapping.
I love to see everyone on screen.
Ready, ready, ready, ready tonight, today.
I don't know if we have anybody from down under.
But hello, my name is Larissa Luck and I am your hostess for the protect your idea challenge.
We are going to navigate as we go forward.
If you've never been in a challenge before, it's kind of like a workshop.
With a whole lot more fun.
We're going to be together for the next five days.
Learning, learning, learning, learning so much.
We're going to be using the marvelous, glorious expertise of Mr. Peter Nieves.
Who is going to help us properly protect our ideas, our patents, our trademarks, our copyrights.
Figure out which is which.
Where we should go, what we should do, what we should have done and what we can do now to move forward.
If you have a laptop, or any type of PC that's not a mobile device, and you have the ability to open your chat.
Go on down to the bottom of your Zoom screen, where it says chat and open your chat.
We would love to see, drop where you are, where you are from.
What city, county, not necessarily county, I meant country.
Region, what time is it where you're at?
I'm in Calgary, Alberta.
That's a change.
Some of you may not know that.
I used to be, as of a few weeks ago, in Maryland, USA.
Now I sit in Calgary, Alberta.
I'm on mountain time.
Good to see you, Pamela.
Good to see you, Tim.
Poppy.
Oh, yay.
Daryl and Sally.
Frank and Terry.
Shelly and Natalie.
We do, if you've never been in a challenge before, we do use the chat.
We do like to, and in there, you can put reactions to what's going on, your thoughts.
That makes it more interactive.
We learn from each other.
You're like, oh, I have the Zoom thing down.
Larissa, we've been Zooming for two plus years, right?
Well, yes, we have.
And the chat is part of what makes challenge so much fun.
You can put your questions in the chat when you need some clarification.
And this challenge does have two parts of it.
If you signed up for the $95 workshop challenge, there is a VIP option.
Maybe you missed that.
I will be dropping a link that you could still.
Now, why would I go VIP, Larissa?
We'll talk a little bit more about this.
But in the first main session, Peter is going to do mostly teaching.
He's got a very structured agenda for the next five days.
It's fun.
And it's where we can just lay out the basics around trademarks, copyrights, and patents to give you, you know,
just some basic rudimentary information that is not so well-known.
If everybody knew it, we wouldn't have to do this.
But the second session, the VIP session, is where he goes more in-depth.
And he does take questions pertinent to your scenarios.
And we will have fun there.
So good to see everybody coming in.
This is going to be a fantastic week.
Judy Miller, John Miller, Nick Sozo.
Great to see you.
If you're just popping in, my name is Larissa Luck.
I'm your hostess for the Product Your Idea Challenge.
And we're just asking everybody to say hey, get your chat open, and tell us where you're tuning in from.
What city, what state, what province, what country.
What's the weather like?
It's cold here in Calgary, where I'm at.
I'm in Calgary, Alberta.
And I'm looking at the temperature at my house, which is back in Maryland.
It's 81 degrees Fahrenheit today.
That is not the snow I'm looking at outside.
But we're having a great day.
So good to have everyone here.
Hey, Jennifer Minto.
Oh, Sridhar.
Judy Miller.
I've said some of these names.
Who else is coming in?
There's so many great folks.
So great to meet you all.
We're going to give up.
It's just the top of the hour right now.
We'll give a few more time.
I just started into the Facebook group.
Nice to have you here.
This is us from Kansas City.
You can there on Central.
Camera, that way Peter can feel like he's really
talking straight to you.
If you don't know how to put a picture in your Zoom,
well, there's another lesson we could go over,
but we're not going to right now.
And Peter's going to be with us in just a few minutes.
So if you've never been in a challenge before, we welcome
you, we welcome you, we welcome you.
And if you don't have your name on your Zoom profile,
you can go to the top of your little thing.
And if it says iPhone, I don't see anybody having this issue
right now.
But if you're using somebody else's,
I mean, we're not going to call you out.
But try to have your name there.
It helps with the interaction with the classroom.
And I'm going to do something right here, too,
so you know who I am, so it makes sense.
Who are you really?
I like that, Felicia.
We have been interacting today.
We've been on some other Zooms.
It's so good to see you.
Nice to meet you.
Ms. Almost Newlywed.
Almost, almost, almost.
We are so close.
So good to see everyone.
Mark, Kathleen, Terry, Daryl.
You guys are going to be served in a way
that you have never been served before.
Peter is amazing.
And he is a lawyer with heart.
If you have not had a chance to hear him speak or interact
with him in any way, he's no ordinary lawyer.
So you're going to be in for a treat this week.
His kindness and tenderness and how he teaches and helps
us non-lawyer types.
Because I am not a lawyer, just a disclaimer there.
I'm just here to help run the show
and make you all feel at home.
So I am looking over here.
If you don't have your chat open,
we encourage you, if you are on a device where
you can see the screen, a non-mobile device usually,
and have your chat open.
If you're a note taker and you like
to type notes in the chat, we encourage that.
That way we can see what you're getting
and what you're not getting.
It helps other people catch things.
Like you ever listen to something
and the speaker just keeps going and then you're still
processing that point like three minutes ago?
Well, we're all here to help each other.
So we are just really excited to have you here.
Hey, Rick.
Great to see you.
Kristen's back.
Hello.
Hey, how's everybody doing?
How are you guys?
Awesome.
I see a lot of you guys that I recognize.
A lot of people I don't recognize.
That's phenomenal.
This is great.
Hey, it's really good to see all of you guys.
There is a lot going on in life right now, which is perfect,
because we're going to try to bring order
to a lot of things in our time together.
So for those of you who have never met me before,
my name's Peter Nieves.
I've been an IP attorney for 25 years.
I handle patents, trademarks, copyrights, trade secrets,
litigation, prosecution.
I'm an adjunct professor of intellectual property law.
I have a lot of friends here who I recognize
and who I love, which is amazing.
And I'm about to make some new friends, which is phenomenal.
I want to just kind of take a moment and just welcome you.
So what we're going to be going into is deep.
Some of this stuff is very deep.
Some of you who have been here before know just how deep,
because after day one, I get smothered with emails
where people go, oh my gosh, I've
been doing everything wrong.
It's the end of the world.
What am I going to do?
And everybody's freaking out.
So this is where I want to start, everyone.
I want everybody to type in the chat, knowledge is power.
Now, this is not a Tony Robbins show.
I love Tony Robbins.
That's not what this is.
But I want you to understand something.
The knowledge you're going to obtain here,
just type in the chat, knowledge is power.
The knowledge you're going to obtain here
is to help you understand things,
to get into a better position than you're in already.
to make your life better, to help you financially,
to help people stop stealing your stuff,
to make it so you don't potentially
infringe upon other people's stuff.
It's to make things better for you, all right?
Now, how many of you realize that sometimes
when you obtain new knowledge,
the mind goes right to this area of fear, right?
It's like, oh my gosh, like I've been doing this wrong
forever, this is horrible, right?
No, the fact that you've lived life without realizing
that you can drink water, which is great,
but all of a sudden you realize,
hold it, I can bathe with water.
Now, that's a good thing.
That means other people will like being
in your presence, right?
That's good.
But in that moment, you don't wanna stop and think,
oh my gosh, I've gone through my whole life
without taking a bath, this is horrible.
No, don't go there.
Just realize I can now take a bath, okay?
Let's stick into the positive areas, guys.
It's all gonna be good.
I promise you, you'll obtain great knowledge,
great revelation.
Your companies are gonna be transformed, which is great.
It's all good stuff, so don't freak out.
And some of you are thinking, I'm not gonna freak out,
just wait till later.
Let's think about three quarters through.
When some of you realize you've been using a circle R
when you're not allowed to do that,
and you can actually be sued for tortious interference
with business practice or unfair business practice
because you've been using a circle R
and other things like that,
that knowledge is to help you change things,
not to freak you out, okay?
So we're all gonna take it day by day, all right?
So let me give you a little background about myself.
I told you what I do, but let me tell you who I am.
So I'm a father, I have two daughters,
a husband, live in New Hampshire by choice.
We have a lake house out here.
I mean, I could work in Massachusetts.
I actually do work in Massachusetts.
I represent MIT, Harvard, other clients around the world,
global IP portfolio management.
Absolutely love what I do, right?
I choose New Hampshire because it's quiet,
because it's peaceful.
And so I can get my mind around things
and I can help people around the world.
Because how many people here actually work remote?
Just raise your hand.
There's a lot of people who work remote, right?
So with this whole COVID thing and all this other stuff,
a lot of people decided to start working remote, all right?
So when you start to build businesses
because you're working remote, some people left their jobs.
Some people started new corporations.
All the stuff you're going to learn here
is going to help that, okay?
Now, just a real quick extra tidbit about me.
I'm all about protection, all right?
What I mean by that is I was raised by a single mom.
I'm Puerto Rican.
I was born in the projects of Brooklyn, okay?
So I'm all about protection, okay?
So when I see new ideas being downloaded upon individuals
and I see people running businesses
and they're doing things wrong,
Claudia's actually in Brooklyn.
Come on, that's awesome.
It is not the same Brooklyn that I grew up in.
Can I just say that for a moment?
When I grew up, there were no people walking around
at two in the morning to go get Chinese food.
Like those people would have been mugged, right?
It's not the same.
It's a different Brooklyn, okay?
So with that being said, I just want you to understand
as the angle that I'm taking on a lot of these things,
I have a lot of knowledge and wisdom in this area.
So I'm going to be providing you with guidance.
Now, in the chat, you can type questions,
but if you really want that full experience
of like emailing me questions and asking me questions live
and possibly doing hot seats, that's VIP.
VIP does that all day long.
So who are my VIPers who have been in VIP before?
All right, so the people who have been in VIP,
you're going to see this.
You can actually email me directly
and I'll review all your questions.
And as I'm reviewing all your questions,
I'll find topics to go over during VIP
and I'll select a few of you to answer your questions.
Now, here's the thing.
This is a tradition for the Protect Your Idea Challenge.
Bring some kind of vessel of water would be good, not vodka.
Okay, water would be good, okay?
Because whenever I say this is not legal advice,
you're going to see a lot of people
just taking this way, all right?
And the reason why is because I say that a lot.
Because I'm not allowed to give you legal advice
because I'm not your attorney,
but I am allowed to guide you as if I would
in a continuing legal education environment, all right?
I'm also an adjunct professor of IP law,
so I train people on these things.
But as I'm going along,
if you ask a question that really requires legal advice,
I'm going to tell you, this is not legal advice.
You're going to see a lot of people
picking up the thing and drinking.
That's just a tradition.
It goes back a while, right, Larissa?
It's been a while.
All right, let me introduce Larissa.
Larissa Luck, she's amazing.
She helps me out with all this.
Please treat her with the exact same level of respect
that you would treat myself.
self. You're also going to meet at some point Ray Carter. She runs a lot of the back end,
meaning she's like the operations manager. We have other people that are helping out.
If you run into issues, email support at elite-challenges.com. Larissa, can you type that
into chat? Okay. That's where you want to email your questions, okay? Because it's just going to
be easier for us to see them in email, and then we can go in and interact with you. Now,
there are people still trying to sign up right now, all right? And this happens every single
challenge. A lot of people want to sign up last minute, and that's fine. One of the disadvantages
of signing up at the last minute is that you don't get to go live for me to actually customize
the challenge for you, but that's all right. That's all right. Now, if you're in this challenge
and you're thinking, I really want to be in that VIP experience that's really important to me.
Larissa already dropped. Larissa, you're amazing. You know what? I'm just going to leave. Larissa's
going to do the rest of this. I don't think you need me anymore. No? I'll just continue? All
right. Very cool. I am not the lawyer, remember. Okay. All right. I'm just saying, because you
already got things rolling. Feel free to click on that link and jump in. It's a separate link.
We're going to do a lot of introduction stuff now, because we're going to be together for five
days, one hour a day. I want to make sure you understand the administrative stuff now, because
we're jumping right in deep and within five minutes. So I want to finish off the administrative
stuff now. So again, VIP, if you want to jump in, click on the link. It's a separate Zoom link,
okay? Just so everybody understands, it's not the same Zoom link. If you try to jump in at 8.15,
you're going to be looking at a black screen. Nobody's going to be there, okay? All right. So
you're going to want to go to a different link that's going to come in a separate email. Now,
if you sign up and you say, I can't find the link, or maybe it's in your junk folder,
look in your junk folder, look in any other areas of your email just to double-check where that is.
If you still can't find it, ping Larissa, ping myself, and we'll get you the link so you can
get in right after. The challenge goes from 7 to 8 p.m., although inevitably, I think I'm always
over, right, Larissa? Yeah, about like five to ten minutes, almost every single time. And then
the VIP starts at 8.15. So we give a break for like a short period for bio breaks and,
you know, hug the dog, put the kitties to bed, you know, whatever you're doing, and then we jump in
at 8.15, okay? I think that's good for the administrative stuff for now. We'll have some
other stuff that we'll go over in time, but I think for now that's pretty good. Now, yeah,
go ahead, Larissa. I think it's a good place to remind everybody that as part of their challenge,
if you just sign up for the regular challenge, you get replays for 30 days, but if you go VIP,
you have access to your replays, which will come via email, and Peter will talk about this,
for 90 days. So that's another bonus to go in VIP is you'll have access to all the recordings
for 90 days. Yeah, let me, I'll take a moment just to explain what VIP is. So VIP, yes,
you can email me directly. I don't email you answers back. Everything's done in VIP in the
live session. So I interact with you there. Separate from that, we do a live trademark
application filing, okay? That's unheard of, guys. Like, we go through the USPTO website,
click the buttons so you know what buttons to press. And the reason why I do that is not so
you can go file applications on your own, but so you understand what your attorneys are doing.
This way, you understand how to select your international class. You understand what a
recitation of goods and services is. You understand what a specimen is. You understand, here, here's
the first golden nugget, guys, that some of you don't know. Do you realize that you could file a
trademark application on a trademark that you've never filed, that you never used?
I've had a number of people who have pinged me saying, I want to file a trademark application,
but I'm not using it yet. You don't need to use it yet. It's called an intent to use application.
It's under section 1B. It's a different way of filing trademark applications.
It's called an intent to use application. Ask your lawyer about it. Say, hey, I want to file
section 1B application. And they'll go, how did you know about that? Say, I'm just really smart,
you know, just impress them. So that's called an intent to use application.
So one of the most difficult things to come up with when you're creating a new company is a new
name. See, I'm getting led into trademark law, and I'm not even done with the administrative
stuff, Larissa. You see that? It's my nature to just start giving information to people. So
I'll cover one more administrative thing here. I just dropped into chat a gift for all of you.
Okay, that's your first gift. It's a bonus sheet. Okay, I call it.
I don't like the name cheat sheet. So I called it support sheet, but support sheet just sounds horrible. So it really is a cheat sheet. Okay, so if you actually look at this document.
Oh, that's a great question. Great point. Yeah, I'll answer that in a second, Larissa. So let me show all of you this document real quick. I'm going to share my screen to
Share screen. Boom. Here we go.
How it's a lot of sound effects in here. Okay. All right, here we go. This document I created for you. Okay, I created this for the protector idea challenge.
I'd say 95% of the embodiments of ideas that you may be dealing with is going to be listed here somewhere. If you're a photographer.
All you do is look for photographs. Look straight up. Boom. Copyrights. Copyrights will protect your photographs. If you're dealing with software.
Right, that's anything that's associated with software. Software has two different areas of protection. There's the code itself.
Right. So if you're using CC plus Fortran, HTML code, whatever it is, that's protectable. Just look on the computer program code right there. See that go straight up. Boom. Copyrights for the code.
But then somebody says, well, hold it. What about the process that's associated with the software? The process itself is protectable by patents.
So software may be protectable by copyright for the code.
And also the process behind it can be protectable by patents. We're going to go into more depth here. I just want to introduce this sheet, which I'm giving you as a bonus. Now you're going to notice something on the bottom here.
It's called my copyright notice.
Now, let me take a moment here. Just we're going to have a heart to heart moment here. Okay. So real quick. All right.
25 years I've been an IP attorney. All right. I do litigation prosecution. Okay. Now, just by the grace of God, I have not lost the case yet in court.
Texas, California. It's not me. Clearly, it's not me. I'm not that good. All right. So this just by the grace of God. All right. California, Texas, Connecticut, Massachusetts, New Hampshire, and Florida, I've litigated. Okay.
It's a bad idea to take the material for an individual who handles copyright law for a living and then copy it.
Just a quick note here. Not a good idea. So all this information is for you to use, to bless you to use it, but don't go taking it now and putting it on Facebook. That's called copyright infringement.
Don't go sharing it with your network. That's called copyright infringement. We're going to learn about that on day three.
So I'm giving you these things for your benefit. You paid. I'm just blessing you with this material, but don't go spreading all over the place. Okay.
That was nice. That was a soft way of saying don't copy it. Right. That was nice. Thank you. Good. Good. All right. All right. One other question before we jump into trademarks.
A number of you are probably wondering, well, why isn't he just running it live into Facebook? How many people are wanting that? Just be honest. Yeah, a few people. Okay. All right.
Now, how many of you have actually read the terms and conditions for Facebook when you signed up? Just by a show of hands. Anybody? Word for word? No.
All right. Then I'll be the only one who's left my hand up. Now, that might be why my wife turns away at times when I start talking about legal things because it's kind of boring. All right.
But the fact of the matter is I did look through the agreement. When you put things on Facebook, they obtain certain non-exclusive rights.
So I don't go live streaming directly into Facebook because then they would have a non-exclusive right to my videos.
That means they could then take my videos and create extra works and give it to other people.
You ever wonder why it is on your birthday, a number of your posts, a number of your images, a number of your videos all of a sudden pop up on your screen saying happy birthday.
And all of a sudden it's your own videos and your own pictures. Why? Because Facebook now has rights to your stuff.
Okay. Now, I'm not saying don't use Facebook. That's not what I'm saying. What I'm saying is I'm not using Facebook as an IP attorney because I understand how they work.
So with that being the case, after we're done here, I then take these, do some video editing, upload them into my own space on YouTube or Vimeo, and then I send you a link to it on Facebook so you can access the replays.
All right. Sometimes that's within 24 hours. Sometimes it's within 48 hours. It depends on what's happening.
going on at the time, okay?
But that's why we don't go live into Facebook, okay?
All right, and with that,
I think that's enough administrative stuff.
Yes, it's enough administrative stuff, right?
If you guys have questions, just type it in the chat.
Happy to jump into extra stuff.
Larissa, what's up?
Oh, just saying that I'll be watching
on the administration side.
I'll help them out.
They can DM me or just put it out there.
If you have a question, you're probably not the only one.
So be brave and put it out there.
Right, right, absolutely.
All right, and with that,
let's start jumping into some trademark law, okay?
Today, we're gonna cover the top level trademark law.
Now, when I cover this,
what I try to do is, I've watched your videos.
A number of you have gone live.
Some of you have typed in on the Facebook group.
If you haven't done that, I would encourage you to do that.
Go live, say who you are, what you're looking for.
It lets me know so I can customize the challenge for you.
The reason why is I can cover any area of IP.
I do patents, trademarks, copyrights, and trade secrets.
There's no area of IP I don't cover, okay?
So we can hit anything that you want.
Now, let's kind of touch base on trademarks.
So trademarks are an identification
of a source of goods, right?
Even if you don't know who that source of goods is.
Okay, now that might seem kind of confusing.
Like, what does that really mean?
Identification as to a source of goods,
whether or not you know who the source of goods is.
I'll give an example.
I've used this example a number of times
because a lot of people are not aware of this.
How many people know the company that created Dayquil?
Does anybody know the company that actually created it?
A lot of people don't.
I see one head going, Nick, do you know it?
Unmute, brother.
Let me see if I can unmute it.
Who is it?
Vicks.
Vicks, right, very good, yeah.
A lot of people don't realize it's actually Vicks.
Now, how many people here care?
Yeah, I don't care.
Like, if I'm sniffling, right, nobody cares.
Like, it's like, Vicks, like, if I'm sniffling
and it's during the day and I don't want to fall asleep,
but I want to kind of, you know,
take care of some of the symptoms,
then maybe I take Dayquil.
Now, what are the things that are associated with Dayquil?
There's a certain cost that I know.
Like, it's probably around that $5, $6 area, right?
It's not $50.
Number two, I don't get it at a pharmacy.
Like, I don't have to get a prescription for it, right?
I also have an idea of what the bottle looks like, right?
There's certain characteristics that are associated with it.
Just hearing that name, Dayquil,
I immediately think to myself,
okay, I have an idea of cost.
I know where I can get it.
I know the kind of what I'm going to get out of it,
even though I didn't know that Vicks owned the company.
Now, if I said to April, like, April's over here, okay?
So if I said to April, hey, April,
I'm going to buy you a new pair of sneakers, right?
Now, April, just unmute for a second.
So, like, if I told you I'm going to buy you
a new pair of sneakers, would that make you happy?
I'm just going to give you a pair of sneakers.
Okay.
Now, what if I told you that I was going to get
those sneakers at the dollar store?
Would you still be happy?
Eh, less so.
Right, right, right.
So what if instead I said, you know, I'm going to get you,
instead of getting them at the dollar store,
I'm going to get you Jordan's?
Would that make you a lot happier?
Yes.
Now, do you see how April's mentality changed
just based on a name?
Do you see that?
That's the power of a trademark.
Okay, thank you, April, for playing along.
That's the power of a trademark.
The mere fact that the name or the logo or the slogan
or the color or the smell provides a certain impression,
that is what a trademark's all about.
Your trademarks will draw the consumers to you.
Just hearing that name, the name 100X,
people know there's a certain quality,
there's a certain environment,
there's a certain type of people that are associated with it.
If you hear Tony Robbins.
Now, some people think to themselves,
okay, hold it, Tony Robbins, that's a name.
Does that mean I can protect my name?
How many people here think
that you could actually protect your personal name?
Just raise your hand.
Okay, so here's another thing I'm going to help you out with.
Unless you are famous, chances are very, very, very low
that you'll be able to own your name as a trademark, okay?
Grant Cardone could file for his name as a trademark.
Tony Robbins can file for his name.
Oprah Winfrey can file for their name
because they've already obtained this level of being famous.
There's a requirement before the United States Patent
and Trademark Office that if you're ever trying
to own your name alone, just your name, like Sylvia Wise,
right, I mean, if you're trying to get that name,
so that if you're trying to get that name,
you have to be famous.
They won't just give it to you.
You have to prove that it's famous.
And I filed trademark applications for famous people.
So I could tell you, it can be difficult to get that.
So that's just something to keep in mind.
Your name is very powerful.
It protects your goodwill.
Now, there's a lot of different things
that are protectable by trademark, okay?
Let's go through a few of them.
Words are protectable by trademark.
So the name Nike, that's a word
that's protectable by trademark, right?
Slogans are protectable by trademark.
Just do it, that's a slogan, right?
So that's protectable by trademark.
Designs are protectable by trademark, right?
You remember the Nike swoosh?
That's protectable by trademark.
Now, some of you here are listening and going,
oh, I know all this stuff, I know this stuff.
We're gonna start at the top level
and then we're going deeper and deeper and deeper, okay?
So I promise you, you're gonna get stuff as well.
But I wanna make sure everybody's at the same level
before we go really deep and we start talking about
intent to use applications and foreign filings
and blah, blah, blah, blah, blah.
And let's make sure everybody's at the same level first.
So you can actually file a trademark application on a color.
Think about that.
If I said to you, name a postage company
that is associated with the color brown.
Somebody type in the chat.
What's the postage company?
UPS, there it is, immediately.
Everybody already knew.
They own the color brown.
If I said to you, type in a chat,
the name of a company that owns the color pink
associated with insulation.
Type in a chat what the name of the company is.
This is a tougher one.
Corning, very good.
Yeah, that's exactly it.
So get this, your business can become so well-known
that you can own colors, you can own names,
slogans, logos, but it goes even further.
Perfumes are actually protectable by trademark.
The smells that you have associated with perfumes
are actually protectable by trademark.
Perfume companies will file trademark applications
just for that, right?
So trademarks cover more than just kind of
like a single name.
Now, a number of people are probably thinking to themselves,
I'm gonna give you some practical examples
because I've watched a number of your lives.
So I'm gonna give you some practical examples here.
What if you have a logo and in the logo, there are words?
Okay, so think of the Nike swoosh,
and then underneath it, it says, just do it.
Let's look at that scenario, okay?
Because some of you here, how many of you here
own a company that has a logo?
Just raise your hand.
We got a lot of you, we got a lot of you.
And how many of you people that have the logo
with for your trademark also have words
next to your trademark?
Just raise your hand.
Yeah, a lot of you, okay.
All right, and that's kind of indicative
of what I saw in the videos.
All right, so here's the deal, here's what happens.
If you have the Nike swoosh and the just do it,
what I've seen a lot of people do
is they file one trademark application for the swoosh
would just do it underneath it.
I wouldn't do that.
Let me tell you why, okay?
If you use just do it alone without the swoosh,
then if somebody uses just do it alone
and you own the logo with the swoosh and the just do it,
then another party is gonna try to argue
that they're not committing trademark infringement.
Now, I think you're gonna have a good chance of winning,
meaning that you'll be able to,
there's a good chance because the logo only has the swoosh,
which is like the check mark.
Does everybody here know what I mean by the swoosh?
Let me rephrase.
Is there anybody here who does not know
what I mean by the swoosh?
Okay, it doesn't look like anybody doesn't know.
So if you own just do it alone,
then anybody uses just do it with a swoosh,
with a star, with a circle, with no logo whatsoever,
they will infringe your trademark
if it's for the same goods and services.
So your trademark becomes way more powerful
if you own the words alone.
Now, if you own the swoosh alone,
meaning that curvaceous check mark, right?
If you own that.
at, then I don't care if you say just do it, or just toss it,
or go to bed.
If you use that swoosh mark, that other individual
will commit trademark infringement.
That's the power of having the logo just being the design
element alone.
But here's something to keep in mind, all right?
I'm taking this slow because this can be really tricky.
When you file a trademark application,
you need to use as a specimen.
The specimen is your proof of use, all right?
You need to use as a specimen how you actually
use it in interstate commerce.
That means how you are using it as a business to other people
when you sell the product or when you advertise
the product, right?
You actually have to show an example of that use.
If you never use the swoosh alone,
if every single time that you use it,
it always has the words underneath it, then, I mean,
I still would be able to win, honestly,
with the United States Patent and Trademark Office.
I could still file and get it allowed.
But if you only use the logo alone without the words,
then the chances are that you're going
to want to file for the logo alone, meaning
the design element alone.
If you always use the two things together,
like if there's never a case where they're separate,
as an example, a logo that has the words inside of it
as opposed to underneath it, OK?
So any logo that has words inside of it, OK?
Let me think of anything.
Let me see.
Essentia.
Eh, this really isn't all that great.
But that's Essentia, right?
So you've got the words.
You see the word Essentia there?
That is one trademark.
You see right next to it the logo?
That's another trademark.
If somebody uses this logo alone,
the design element alone, they commit trademark infringement.
If they use the words alone, Essentia,
they commit trademark infringement.
It wouldn't make a lot of sense to file
the logo with the words as one application.
That's why you see down here, let's
see if you can see it, all the way down there.
You see that little dot?
It's a circle R. They have a registration there.
And then if you look at Essentia,
you see the circle R at the top.
They have a trademark there as well, all right?
So they filed for both the logo and the words.
They did both.
I'm explaining this to you because I've
seen some of your work.
I did some looking into some of you guys
just to see what you're doing so I could help you out.
And so if you're using your logos
and there's a design element and there's words,
if there are times when you're using words separate,
file it separate as a trademark application.
You get way more power in your trademarks that way.
And if you're using your logo separate,
file your logo separate, way more power that way.
If you file them together, you might run into a situation
where it's more difficult to enforce your trademarks
because you only filed it together, okay?
Does that make sense?
Pretty simple, right?
All right, like I said, we're going to start out slow.
Then we're going to go deeper.
All right, let me give you another scenario here.
How many people here own a company?
Just raise a hand.
That's a lot of people.
There's a lot of gifted people here.
All right, so not that if you don't own a company,
you're not gifted.
I'm just saying it's right now to start your own company,
it takes a lot of patience.
So here's the thing.
When you started your company,
you had to file with the secretary of state, right?
When you file with the secretary of state,
you did what's called a corporate name search, all right?
It was called a corporate name search.
I want to make sure you understand what that means, okay?
So I'm going to show you something.
Let's see, I'm going to give you a basic example.
This is for New Hampshire.
Okay, can everybody see my screen?
Yeah, okay, great.
All right, this is the secretary of state for New Hampshire.
You see right here, it says search a business name.
See that?
So you come in here and you type in whatever name it is,
right?
So ADE Challenges, LLC.
You do your search, you get your results,
and there's my company, ADE Challenges, right there.
Okay, Peter Nieves, registered.
Now here's the thing.
That is not, please, please hear this, guys.
That is not a trademark search.
A business name search is not a trademark search.
The secretary of state is not a place that you search
to determine whether or not you could potentially be sued
for trademark infringement.
That is not what it is.
It's checking to see if that name is available
as a corporate name.
It is not the same database
as the United States Patent and Trademark Office.
All right, this is the United States
Patent and Trademark Office.
Now, I'm gonna share a screen real quickly.
This is the United States Patent and Trademark Office.
Okay, that's what it looks like.
USPTO.gov.
Okay, Larissa, can you drop that in the chat, please?
Thank you.
All right, that's where you do a search for a trademark.
And tomorrow, we're gonna go in more depth.
We're gonna actually go through an example.
I'm gonna show you how to do a trademark search
on your own, all right,
so as to give you a top-level search, okay?
But just to be clear, the Secretary of State site
is not a place where you search for trademarks.
It's the United States Patent and Trademark Office.
Now, even for the United States Patent and Trademark Office,
I'm gonna be teaching you how to do a top-level search.
You should not be relying upon your own top-level search
to build a company.
You should be getting somebody who knows what they're doing,
like somebody who does this for a living, okay?
Because why am I saying that?
The United States Patent and Trademark Office,
when you type in the words, which we're gonna do tomorrow
to do a top-level trademark search,
you're going to see that sometimes
it doesn't catch phonetic equivalents.
It's supposed to catch phonetic equivalents,
but sometimes it doesn't, all right?
So if you type in the word Nike, N-I-K-E,
you might not find N-I-K-Y.
You may or you may not.
You may not find Mikey, M-I-K-E, all right?
And it may be that there's a shoe store out there
called Mikey, and you're going for Nike,
and they sound similar.
There's one letter that's different,
but they're the same goods, same products,
same consumers, same market,
so there may be a likelihood of confusion.
So you wanna make sure you actually hire a professional
to do the final search.
But what I'm going to be training you in doing
is how to knock out the ones that are easy to knock out.
So if you have five potential names for a trademark,
I'm gonna teach you how to do a search
to knock out three of them,
so that when you actually go to your attorney,
you're only going to them with two.
Now, how many of you realize
that that's gonna decrease your costs exponentially
with attorneys?
I know this because I bill at $600 an hour, guys, okay?
Just talking to me for an hour costs 600 bucks.
If I do an IP audit, it costs way more,
because when I'm doing an IP audit,
I'm using all my skill sets.
So it costs exponentially more to do an IP audit.
So what my job here is to actually get you familiar
with this, to make sure that what you're going
to be presenting to your attorneys is nice and clean.
It's got all the materials necessary
to minimize your costs, okay?
That's what the trademark search is about.
So again, secretary of state website,
do not rely upon that to determine
whether or not you own a trademark.
It's only a corporate name search.
You need to do a separate search,
a separate trademark search to determine
whether or not you potentially infringe
upon any trademarks, okay?
That clear?
All right, good, good.
Now, I'm gonna be dropping for you
in the Facebook group links.
One of the links I'm gonna give you
is to a formal trademark searching entity, all right?
It's one of the best in the world.
Thomson Reuters, they're one of the best in the world, okay?
I use them for searches, but here's the thing.
I only use them after I've done the top level search,
because if you could go on the USPTO website for free
and knock out one of the names,
why would you send that same name
to a formal searching entity and pay $830 for a search
when you could have typed in the words on USPTO.gov
and knocked it out?
So we're gonna knock things out
so that what you're actually presenting
for formal work is gonna be less.
It's gonna minimize your cost, okay?
All right, good.
All right, so let's go into,
I'm gonna cover one thing that's difficult here, all right?
So far it's been simple, right?
I'm not losing anybody yet?
Okay, good.
So far it's been simple.
All right, here's your first,
I shouldn't even, you know what?
I shouldn't even have prefaced it like that.
Like that, everybody's now like, oh.
but this is not gonna be good.
Like I should have prefaced it with this is easy.
Guys, this is easy, all right?
This is easy.
This is nothing.
You'll get this, you'll get this.
All right, here's the thing.
Here's the way trademarks work.
If you've been using a trademark
for a certain amount of time
and somebody else gets a federal registration,
you might be able to continue using the trademark, okay?
Now, let me explain what I just said.
I'm gonna explain what I just said.
There's a thing called common law rights.
The way common law rights, just type in the chat
common law rights or write it down on the side.
Common law rights, okay?
This may save your company, just to be clear.
We all have a, well, I have a very good friend
who, I'll give you a story.
Matter of fact, I don't know, is he here?
Is he here?
He's not here?
He might stop by on another day then.
Okay, I have a good friend who,
unfortunately, he's a brilliant guy.
He's a really brilliant guy, but he made a mistake.
So here's the deal.
He was running a company and using a certain name,
he got a cease and desist letter from a larger corporation.
And when he received the cease and desist letter,
he spoke to an attorney who was a corporate law attorney
who did not know IP, unfortunately.
And he was really nervous
because it was a larger corporation.
And they said, hey, you guys have to stop using that name.
We have a federal registration for that trademark.
You better stop now or we're gonna sue you.
So what does he do?
He speaks to the attorney.
Attorney says, wow, yeah, they do have
a federal registration.
I think you need to stop.
So he stops.
Now, stopping sounds simple,
but in the real world, stopping is not simple.
In the real world, what stopping means is
changing your website, pulling product from the shelves,
repackaging, coming up with a new name,
starting a new marketing campaign,
giving a public notice as to why you're changing
the name of your company, trying to make it sound positive
when it's really because you were threatened
and hoping that the public doesn't realize
that it's because you were threatened.
So you basically had to put your tail between your legs
and then change the name of your company.
That's the truth.
Well, he made that change,
incurred tens of thousands of dollars of damages.
Basically, I don't mean damages.
I mean, costs and rebranding and doing everything, right?
In my mind, I actually came up with a better name,
quite frankly, so, but in any case, here's the thing.
He never had to change.
Why?
He actually had been using that name for years
and had been selling product throughout
all of the United States in many geographical regions.
And this other company just gets a federal registration
and says, you need to stop.
In fact, under common law, he could have told them to stop.
See, here's the thing.
If you guys, I'll see if I can find the case
and post it in the Facebook group.
And for any of you who are not in the Facebook group,
it should start getting to you.
Let me get in the Facebook group, right?
Because in the Facebook group,
I'm gonna be dropping a lot of really great tools for you
and extra perks for you,
because I just do that.
It's just what I do, all right?
So there is a company called McDonald's.
This is a mom and pop burger place called McDonald's.
They had the name.
Then along comes big McDonald's.
Says, hey, you need to stop.
You need to stop using that name, right?
What happens?
They actually tell McDonald's, go away.
You can't stop us.
We've been using it for years
before you got our federal registration.
Big McDonald's goes away, okay?
So you may actually have certain rights
just by the mere fact that you've been using your trademark
in interstate commerce.
Now, interstate commerce means outside of your state.
There's a difference between interstate commerce,
interstate, I-N-T-E-R,
versus intrastate, I-N-T-R-A.
They're two totally different things,
and I'm gonna explain that now.
So just listen to this for a moment.
I mean, you can take notes,
but I'm just, I wanna make sure you understand this.
If you are selling product
or providing services across state lines,
do not, in my, no, I can't give you legal advice.
Hold on, hold on, hold on.
Maybe I shouldn't say anything.
Do you guys want me to continue?
Should I keep going?
All right, all right, keep going.
All right, here, here's the thing.
If you're selling product or providing services
across state lines, this is what I would do.
This is not legal advice.
This is what I would do, okay?
I would file a federal trademark application and own all of the United States, one application.
I own it all.
Because I'm using it in interstate commerce.
So if I am selling products online, and I'm in New Hampshire, and I'm selling product
to Nick, and I'm selling product to Judy, and I'm selling product to Sally and to Jennifer
and to Rick, why do I feel like, like romper room or something?
Like, what is the what's the old show with the mirror?
And I see Baba.
And I see.
Do you remember that?
I don't remember the name of that show.
Somebody type in the chat what the name of that show is, because I don't remember it.
So does anybody remember that show?
It's a long time ago.
Nobody remembers it?
I don't see anybody typing it.
I thought it was romper room.
But is it romper room?
It is.
Okay, I will say it's romper room.
So if I'm sending, selling it to product, selling products across state lines, every
single state, I actually have a right potentially to file in that state.
Well, why should I file in every state where I'm selling product?
Why not just file one application for $275 and own all the United States?
Think about that, guys.
You know what a lot of people are doing?
They're selling product in California, in New York.
They file a state application in California and New York.
That's such a waste of time and money.
One application covers all the United States, as long as you have at least one case of interstate
commerce use.
Now intrastate means I'm selling within my state.
So I am providing, let's say every single one of you is in New Hampshire.
Every single one of you is in New Hampshire.
That's called intrastate commerce.
So the service of providing this guidance is being done only in the state of New Hampshire.
Then I can't file for federal registration of interstate commerce because I'm not using
it in interstate commerce, I'm using it intrastate commerce.
So I'd file a state application.
Because when I file for a federal registration for interstate commerce, they're going to
ask me for an example of use.
I'm not going to have an example of use outside of the state because I'm not using it outside
of the state.
But here's the thing, any of you that are using a trademark on products and services
on the internet, I'm probably thinking 90% of you, if not more, are using it in interstate
commerce.
Just look at where your sales are.
Determine where your sales are.
If you're seeing that you're selling services all over in different places, boom, file one
application.
I just saved you probably thousands of dollars.
One application.
And a lot of lawyers probably aren't happy right now.
That's not a lot of work that we do to do that.
But here's the thing, when you're working with certain attorneys, chances are they should
analyze what you're actually doing and tell you, okay, well, you're doing this in all
these states, why don't you just file one federal application?
They should tell you that.
And chances are, hopefully you get a good attorney that will show you that.
Does that make sense?
Common law, you've been using it, somebody gets a federal registration, you don't have
a federal registration, they try to stop you, you can continue using it.
Now, you should be talking to an attorney.
If somebody sends you a cease and desist letter, don't say, well, I was in the Protect Your
Idea Challenge, and when I was in there, after he said to drink water, he said I can continue
using it.
So, go away, Billy Bob, you can't stop me.
Don't do that, all right?
Talk to an attorney, make sure that the attorney understands your scenario so they can give
you legal advice.
Don't play around with legal issues.
They can blow up very fast and you can spend a lot of money on legal issues, and I don't
want anybody running into that problem.
All right, so that's common law versus federal filing.
Now, let's talk about federal application versus federal application.
That means two people filing a trademark application with the United States Patent and Trademark
Office, or with the Canadian Trademark Office, or the Japanese Trademark Office, or like
you can file in different countries.
Different countries have different trademark offices, okay?
So just keep that in mind.
If you're trying to obtain rights in Canada, you actually can file a trademark application
in Canada.
But there's also, I'm going to give, this is really detailed, but I'm going to give
it to you because I actually know as a fact that some of you are selling product internationally.
Within six months of filing a trademark application, you can do a foreign filing application.
Just talk to your lawyers, all right?
And ask them, say, hey.
Is it true that within six months of filing my original application in the United States,
I can do a foreign filing and that'll give me the filing date of the U.S. application?
That's all you have to say. Just say, can I foreign file within six months and maintain
the filing date? All right, and I feel like I'm losing some of you, so let me back up a little
bit because that's a little confusing. Let me explain. All right, the filing date of your
trademark application is important. Why is it important? Because if I file today for,
let's say Nike, and Felisa filed, actually let's change it around. Felisa files today for Nike,
right? And let's make believe Nike doesn't exist, okay? And tomorrow I file for Nike.
Felisa wins because she filed before me. This is assuming that I didn't use it before her,
okay? So we're getting rid of that whole scenario of my using it before,
looking at common law. We're getting rid of that. We're just looking at filing date versus
filing date. The first person to file a trademark application wins, period, all right? That's just
the way it works. So Felisa files today. I file tomorrow. United States Patent and Trademark
Office is going to come back to me and say, eh, sorry, Mr. Nieves. Felisa Vidal, she actually
filed the day before you. So you know what? You have an option. You can go to her, see if you can
buy it off of her. But at the end of the day, she wins. Nothing you can do. It's a first-to-file
system, guys. That's important, okay? This is why when I said to you earlier,
if you have a name for a product or a service, but you're not selling the product or the service,
you may not want to wait until the day that you finally start filing or you actually start using
the name on your service or product, all right? I'll give you a real-life scenario,
because I know this is a little deep. I just want to go into a little bit of deep
stuff and then come out again, all right? So let me give you an example. Felisa files for Nike.
I file for Nike afterwards. Felisa wins, all right? I've been using Nike for three years.
Felisa files a federal application for Nike. I win in every single geographical region
where I've been using it already, okay? She can't come into those regions. But I can't expand past
the regions that I've already been using it in, because she owns every single part of the United
States except where I've already been using it. So let's take that again one more time. I'm doing
this slow. Federal versus federal. Sylvia files a trademark application today. I file for the
exact same name tomorrow. Who wins? Type in the chat. Somebody. Just type in the chat. Sylvia,
S-Y-L-V-I-A. Right. There you go. Sylvia wins. Who typed Lisa?
I love Sue. I love Sue. That's phenomenal. Yes. Sylvia wins. Exactly. That's it. Right.
Who typed Lisa? That's original. I'm going to save the chat. I like that. All right. Now,
I start using it for three years. Sylvia files a trademark application, federal trademark
application. Who wins? My name's Peter. Her name's Sylvia. Type in the chat. Who wins?
Peter. Peter wins. Peter wins. That's right. Peter wins. Okay. Now, but I only win in the specific
geographical regions where I have been using it. Let me explain what that means. All right. Now,
your lawyers should be helping you understand this part here. What I'm trying to do is help
you understand that if you get a cease and desist letter and you've already been using it, you may
not have to stop. Don't panic. Call your lawyer and say, hey, do I have common law rights? And
your lawyer is going to go, how in the world do you know what common law rights are? And you're
going to go, because I'm smart. So anyways, but the whole point being that a specific geographical
region does not mean the whole state. It doesn't even mean the whole city. It's more like the whole
town. Okay. So if you've been using it in like Destin, Florida, you know, it might be like a
part of Destin, Florida that you can continue using it. Right. It's not the entire state.
So common law rights that may solve your issues in an infringement situation. Okay.
Intent to use applications.
Let me go back to that.
One of the most difficult things to do
is to come out with an original name.
Now, some of you are probably thinking, no, that's not true.
That can't be true.
No.
One of the most difficult things to do
would be to come up with a new invention.
Nope.
You get a bunch of nerds, and I can call myself a nerd
because I'm an electrical engineer.
So I'm happily a nerd.
So that's just a fact.
My wife calls me a nerd.
I'm OK with it.
I face it.
I do all right in life, so I'm not worried about it.
But here's the thing.
Nerds, right?
You put us in a room, we're going
to come up with a new invention.
It's just what we do.
It's like you put a bunch of us in a room,
we're going to come up with something new.
So we have a better chance of coming up
with a new technology than we do coming up
with a name that nobody in the world
has ever come up with before.
Why is that?
There's only 26 letters in the alphabet, my friends.
There's only so many different ways
to come up with sequences and spaces.
There's only so many ways that you
can make a person feel a certain way about your donut.
I mean, what is it called?
Oh, what is it called?
What is it called?
I'm thinking of Georgia.
What's the name of those donuts that are dangerous?
They're really dangerous.
They'll make you literally leave your spouse
in a very dangerous, in a very sensitive time in their life
just to go out and get a hot one.
Krispy Kreme.
That's it, yes, Krispy Kreme.
Krispy Kreme is responsible for many divorces.
I just want you to understand that.
It's a dangerous company.
So the whole point being that name, Krispy Kreme,
you would think, hold it, isn't that descriptive of the donut?
The donut itself is crispy.
It has the cream on it.
And so you think, well, how did they get that name?
Well, it was kind of creative.
It's kind of creative.
But just by having that name, they have so much power.
So many people come to them.
You hear the name, and you start drooling.
And you're literally trying to talk and do a presentation,
and your stomach's hurting because of that name.
That's the power of the trademark.
But here's the thing.
It's so hard to come up with an original.
So if you come up with an original name,
put some serious thought towards filing
an intent-to-use application, OK?
Why am I saying that?
Because I guarantee you, this is what you're going to do.
You're going to, well, I'll tell you what most people do.
I'm hoping you don't do this because you've
been in this challenge, all right?
Most people will now go on Facebook and type and say,
I came up with the best name for these new shoes.
It's blabbity, blabbity.
And so everybody goes, oh, that's great.
And now after they've said that, the domain name's
gone because somebody on Facebook saw that.
And somebody who liked that name,
who actually doesn't understand intent-to-use applications,
just filed an intent-to-use application.
So now when you go to actually file a trademark application,
not available, all right?
Here, I'll give you a little inside scoop.
Here's a little inside scoop.
If you're going to file a trademark application,
a lot of you are going to go and search the domain name,
right?
A lot of you are going to do that, OK?
Does everybody know what a domain name is?
I'm assuming everybody knows what it is, right?
OK, good.
All right.
A lot of you are going to do that.
Here's the thing.
This is what I would do.
This is not legal advice.
It's not legal advice.
But this is what I would do, OK?
This is the way I'd play it out.
This is the sequence.
I would go on the USPCO website.
I would do my trademark search.
Once I found out that it's clear, I would then,
as a matter of fact, I know Jennifer right now.
Jennifer is like, where's the checklist?
Peter, where's the checklist?
See, look, she's laughing.
Where's your Santa hat?
That's so funny.
Is it there?
Is it really there?
It is, OK.
All right, all right.
She's going to go get Santa hat.
So here's the thing.
This is the sequence.
Number one, do your search.
There it is.
Thank you, Jennifer.
I knew it was around somewhere.
So you do your search, right?
You see that it's clear on the USPCO website.
You go then to get a formal search,
because now you want to make sure it truly is clear.
You find out that it is clear.
Now your very next step, when you're
going to file that trademark application,
is actually to do that, to actually procure
the rights to the domain name, all right?
Why am I saying to get the domain name before you
file the trademark application?
I'm going to explain to you why.
There are these people that I call trolls, OK?
I say that in an affectionate way.
But this is the way that they do this.
Can one file hold it?
I'm gonna get to your question in a second, Jennifer.
I'll get to your question in a second.
Matter of fact, I'll take two questions
before we jump off, all right?
All right, so the second that you file
a federal trademark application,
these people who are quote unquote trolls,
they watch the USPTO website
for every new trademark application file.
When they see it filed, boom,
they go over to GoDaddy or even better,
they go to Namecheap.
They go to Namecheap.com.
Guys, if you've never used Namecheap,
start using Namecheap.
It's nine bucks.
Stop spending 30 or $40 on a domain name.
It's $9, Namecheap.com.
Very cheap for names.
Maybe that's why it's called Namecheap.
I don't know.
But here's the thing.
You go at that point
and you procure the rights to the name, all right?
Why did I say not to file the federal registration?
Because those trolls are literally watching it.
Like they sit there.
And when they see these new things popping up,
they go on to Namecheap or other places
and they buy the domain name.
Then what happens to you?
All of a sudden, after you file your federal trademark
and your email shows up,
miraculously, this email comes out
from this very generous individual who says,
oh, guess what?
I noticed that you filed a federal trademark application.
Would you be interested in owning the domain name
for the same trademark?
And if you actually look at the time
that they actually filed the domain name registration,
it's like minutes after you actually filed
your trademark application.
I just saved you $1,500 to $2,000 on a domain name.
All right?
So figure out your name, get your searches done.
Then once you're ready to go,
you say, all right, this thing's ready to go.
Do your domain name, ownership, file your application.
There's a timing to everything, all right?
It can get a little tricky at times,
but there's a timing to it all.
Does that make sense?
Does that help you guys?
Yeah? Okay.
The reason why is because a lot of you
are gonna get these blackmailing emails saying,
hey, do you wanna own the domain name?
Hey, do you wanna own the trademark?
And it's because, I'll give you an example.
There's somebody that many of us know
actually disclosed the name of his own challenge
and within an hour, the name was gone.
Now, the only people that that person disclosed it to
were the people in that room and who are watching,
who paid to actually watch that challenge.
Now you would think, who in their right mind
would buy the domain name of the person
who is doing the presentation?
It doesn't seem to make sense.
Like that doesn't seem like honoring
the person who was actually bringing a presentation
in any way, shape or form, but that's what happened.
So if that would happen in that forum,
I guarantee you it would happen separately, okay?
So just be careful.
I wanna make sure you guys don't run into problems.
All right?
Let me take two questions.
I don't usually do this, but I'm led to do this
because there's a lot of advanced people here.
A lot of people have run companies.
So if you have a question,
you can raise your virtual hand, right?
And I'm gonna take two quick ones
because when we go into VIP guys,
the stuff that we're doing here, we're going deeper.
We're looking into direct scenarios.
We're gonna go into trademark searching,
trademark applications tomorrow.
If you're not in VIP and you wanna learn how to do
live trademark searches and applications, get in VIP.
I'm gonna do a really quick demonstration tomorrow
here with all of you.
But if you have the ability to do VIP, get in there.
All right.
So, and there's a lot of people here who,
well, actually not.
Jennifer, you've been in VIP, right?
Okay, great.
Let me unmute Jennifer just for a second.
Can you just for one minute,
let people know what the experience is like?
Cause I don't wanna give my biased opinion of it.
It's, go ahead.
Yeah, you guys, I don't even know how to describe it.
Like, it's so worth it.
Like just, you can see we've been as what?
Like an hour and four minutes now.
And all the literally time and money,
Peter has just saved us just in an hour and four minutes.
So multiply that times what you're gonna get in VIP.
It just goes that much deeper.
Like, and it's gonna, again, I love Peter.
Some days he makes my head explode with all the things,
but VIP gives you the chance to ask your questions.
Like, because, which is good, right?
Is we hear this stuff and it begins to swirl
and we're like, well, I'm not sure I get it.
Go to VIP because then you can ask your question.
You can ask it as it pertains to you
because everybody's got different.
scenarios and different situations and where they're at. I know the first time I went through
it, I wasn't even thinking about a book. It just wasn't really on my thing. So I didn't pay
attention to that, but it was great to hear other people's questions around other topics.
And now I do have an idea for a book download. So it's like, you're going to get so much more
out of it. This is just my opinion, largely because of the Q&A portion, the different scenarios
and to dive deeper and actually apply it. So that's what I would say, Peter.
Thanks, Jennifer. Thanks. Yeah. And just so you guys know, that was not rehearsed. If you didn't
notice, Jennifer was like, what? Why is he asking me this? So thank you, Jennifer. I appreciate it.
Thanks, Anna. So let me go to Eileen. Eileen, you're here.
I am here. I'm late. So I'm going to have to, for sure, watch again. But this is totally
like funnels and all that stuff. Like, oh, my gosh. But this is like, takes the next step of
this is so foreign to me. So I'm going to watch it. I have to watch more than a couple of times.
But I do have domain names through GoDaddy. So you talked about cheat name. Like, do you,
is there something like, should I like not? Do I have them? Do I go to cheat name? Do I like
delete it from? I don't know how that works. Like if I already have it.
I mean, if you already have them there and you already paid for it, you can keep it there. I
mean, the alternative is you could send them over to a different registrar if you want.
It's up to you. I like to keep all my domain names in one place, but I'm really bad at that,
as my wife would tell you. Like, I've got domain names with multiple different companies.
I'm not a domain name addict. Some of us know domain name addicts, like people that own
literally hundreds and hundreds of domain names. I'm not a domain name addict, but I do own
probably around, I don't know, 60 or so. Like I own a good number of them. So I would just start
using Namecheap. It's less expensive. It's the same services. There's no reason to spend more
on money for no reason. It just, to me, oh, with, all right, I'm going to mention something here
real quick, because Eileen just made me think of something. For those of you that use GoDaddy
to make a logo, okay, if you create a website with GoDaddy and they create a logo for you,
you do not own the logo. Some of you might be thinking, whoa, hold it. I paid for this. What
are you talking about? You need to tell them before you close the deal, you need to tell them
that you need an assignment of all right, title, and interest to your logo before you close the
deal. Right, title, and interest. Somebody type that in chat. I need an assignment of all right,
title, and interest to the logo to me or to my company before I sign off on this deal. Make sure
you do that. If you don't do that, these companies can continue billing you year after year after year
for what's called a non-exclusive license, because they own the original work, okay?
New drawings. We're going to go into this deeper in VIP, but I just want to mention that here.
In VIP, we're going to talk about how copyright and trademark kind of cross over and how the
artist owns the original work for the logo and what you can do and can't do. We'll dig into that
immediately. Eileen, you're in VIP, right? Yeah, so we'll dig in more there, okay? Cool. All right,
let me go to Gladia. You're in VIP? She's so cute. Hi, guys. Hi, Gladia, how are you?
Good, good, good. I just wanted to come out to talk about, I just published my first book,
and thank you. Well, it's not published, but I just sent it out to the publisher
a couple days ago. I have a framework for my book. Technically, what the book is about
is a seven-step process. I wrote it down so I didn't forget. I wanted to protect this framework
after publishing the book, because I got this course right after I sent it out to the publisher.
I was like, okay, so how can I make this work? Can I protect my system or my framework
before publishing it, or do I have to do it? If I protect it now, is it too late to
market or trademark that while it's in the process of being published?
you know, we're going to, are you in VIP? All right. That's right. I'm going to,
let me cover some of it now. All right. I'll cover some of the top level now.
All right. All right. All right, guys, everybody, please listen up.
What she just asked anybody here. Who's a coach. Raise your hand.
All right. Every one of you, who's a coach.
She just asked a question. That's she's that way. She's over there.
She just asked on my screen or over there. Um,
she just asked the question that is priceless. All right. So please listen up.
All right. All right. Here, here's the scenario.
She just said that she has like seven, let's just say seven steps to level,
you know, whatever it is. Right. Okay. And she just did a book.
Okay. There are copyright issues.
There are trademark issues and potentially if the method
associated with this is protectable,
it could have a patent issue and a method patent it's possible.
So all three areas may be covered by this one
scenario guys. Okay. Now let's just, just because we've talked,
we're touching based on trademark. Let me start with trademarks, right?
Let's say that the book has a title.
Here's the thing titles or books are not protectable unless
there's a series.
Think of books like the Harry Potter series,
right? Or TR token or a, or is it TL token or TR token?
TL, TL, TL, right? Nick's giving me a nasty face.
I'm sorry. I can't remember. It's not my fault.
My brain's been full of other things. So is it L or R? I don't know.
But, but in any case there's a series.
If there's a series, then the name itself can be protected. All right.
I'm only going to take one more minute and then we'll jump into this more
gladiator tomorrow. Okay. All right. So that's the title.
Now, if there's a logo, like a design on the book,
that may be protectable by a trademark, right? Now, what we,
one of the things we mentioned today is you may actually put something out to
the public and not actually file for federal registration.
You can actually file a trademark application after you sent it out to the
public. Okay. All right. It's the patent world,
which we'll cover later has what's called statutory bars.
You don't have to worry about that on the trademark world. Okay.
We'll cover that later.
So I'm just going to cover that top level stuff for now,
because I want to give everybody about a five minute break before we jump into
VIP and we're, we're way over, but that always happens on day one.
We always go over. All right.
So there's a logo potentially protectable by trademark.
You don't have to have filed that before you put it out there. Okay.
There are certain common law rights out there,
but you're going to want to file soon. And you want to,
you want to do that just to make sure nobody takes your logo, right?
The name chances are you're not going to be able to get a federal registration
unless there's a series.
If there's some kind of other,
let's say that your, your, your seven steps, let's say you have a design.
Let's say there's a page that shows them laid out that falls in the copyright
law. The book, the publication is protectable by copyright law,
the artistic works inside of it.
And you photographs protectable by copyright law,
the flow chart protectable by copyright law. Right now,
what about the process that's being performed that could potentially be
protected by method patent, but there's, there's,
we'll talk about that later. It's really complicated that I want to save that for
later. All right.
So there's multiple potential areas of protection for your one book.
And I want to congratulate you personally. That's phenomenal. Well done.
I wish I just,
I hope there's incredible blessings on that and your family's blessed with your
own publication and does whatever it's supposed to do to help people. So with
that, we are closing guys. How was that? Is that okay for day one? Yeah.
Awesome. All right. Great. I'm going to let Larissa close up stuff with you.
I'm going to jump off. Those of you that are in VIP, let's take,
we'll start up at like eight 20, right?
A 21 or something like that. Like go do your bio breaks, hug your kids,
you know, no, like hug your dogs, walk your kids or whatever you gotta do.
Right. And then I'll see you at VIP.
I'm Larissa. I'm going to let you do your thing. Awesome. Awesome.
All right, folks.
I'm dropping the VIP link another time here.
So if you haven't signed up again, the advantages of going VIP one,
you get to go deeper. Of course you get the trainings and you also get to hold
on to the training links for 90 days.
So, which is more than the regular 30 days you will have access to the links for this session for the challenge sessions from 30 days.
As part of your standard package that you signed up for. Does anybody have any questions right now we can look out for just unmute yourself let me know. If not, it has been a great pleasure being here I hope you took copious amounts of notes, save the chat.
If you are on a device that can save the chat people took notes for you. And as far as the homework goes, if you haven't gone live yet go to the Facebook group we would really like to hear you see you.
And it's safe. Okay, this is a protected group. No one from anywhere else, only people who are in the protect your idea challenge get to see who you are talk to tell us who you are as Peters asked you to why you're here.
What, like, industry you're in, like we identified some coaches that sort of thing what interests you have what concerns you have, and do a takeaway today.
All right, what was something that you learned today that you are surely going to implement right away.
You can tell all your friends and family or just make a note to your business partners, or that you're like this, that was, that was a mind blown moment, I needed to know that I'm so glad I came because, because we learned from each other.
So don't just go live quickly doesn't have to be very long at all just a couple minutes.
We would love to hear what you learned today because we learned from each other you caught something someone else might have missed that. And so we learned in the Facebook groups.
So, it's okay, you will get a replay, probably tomorrow because we're going live at night, and Peter takes a little time to process it. He does sleep, every now and then.
So, that does happen and he's on Eastern Time Zone America.
So you'll get an email tomorrow probably by noon, with the replay.
So if you are hearing this and you're like oh my goodness.
Jump into day two anyways, it's not too late to sign up for the challenge.
Felicia, how can I help you.
Anyway, do we get the replays, if we're in VIP, all replays for 90 days, or 30 and then some for night.
The whole thing for 90.
Bye.
I mean, yeah.
See you in VIP!