All right, so welcome to day number two of Trademarks VIP session.
So what we're going to be doing in VIP is going deep.
I'm going to file an actual trademark application with you.
You guys can ask questions.
We're going to do this live.
It's not that difficult, but people do get lost in it.
So I'm going to do it slowly.
Feel free to ask questions as we go along.
I'll pause at different times to ask you, you know, are you okay?
Do you understand this?
Just to make sure you keep it up to speed.
But I want to make sure you understand all this.
And again, the reason why I'm showing you this is really because I want you to understand
what the attorneys are doing, what their paralegals are doing, and understand all the
parts that are needed so that you can get them together.
Like any of you that actually take the foundations and IP package, what you're going to actually
receive is a form that actually tells you everything that's needed.
And we're going to ask you, like, what are all the goods that you're trying to cover?
When did you start using the name?
When did you use it in interstate commerce?
We lay out the questions perfectly so that when you fill it out, we now take that, we
double-check everything, we enter everything into an application.
So it doesn't cost you, like, $2,000 for a case.
It costs you, like, $1,000, right?
And in the package, it's already included, so you don't pay anything extra for the trademark
application because we include everything in there.
But understanding the parts is going to make it so that you're well-equipped.
When you work with attorneys, we bill per hour.
So what you don't want to do when you're working with your attorney is do things like,
can you please explain the difference between a copyright and a trademark to me?
I mean, they're going to charge you $600 an hour to explain that to you.
Now you know all this stuff, so you shouldn't have to do that.
You should just get clarifications.
All right, so I'm going to share my screen.
Okay.
Can everybody see the USPTO website right now?
All right.
Okay, so the first thing is probably one of the more complex things, the very first thing, okay?
You need to actually create an account with the United States Patent and Trademark Office.
I'm assuming that many of you don't have one yet.
And so for that reason, you're going to have to create one.
If you click on the top right here, My USPTO, when you click on that,
you'll get to this screen here, okay?
You either have to log in with your own account, which I already have.
I have two accounts, one for my law firm and then one for me personally.
Or you're going to click on this other button that says create a USPTO.gov account.
You need a USPTO.gov account to actually file your trademark applications.
This is going to make it so that you can keep, you can monitor your application,
you can check on it, they'll email you the status, all sorts of stuff.
So you're going to want your own account.
So you're just going to click on that, create a USPTO account.
You'll enter all of your information and you'll just follow the steps one by one by one, okay?
It's kind of grueling, guys.
I'm just letting you know beforehand because they do a lot of checks.
In fact, I think you actually have to, now you actually have to send a copy of your license,
I think, and like they do a lot of checks because remember, this is a federal agency.
So they're going to double and triple check everything to make sure that it's really you, okay?
And so with that, let's assume that you already have your account.
I'm just going to go forward and assume you have your account, okay?
So you're going to click log in with the USPTO.gov account.
You're going to come over here.
This is my own personal account.
You can't see the password.
And you just click next and verify.
What? What are you doing?
Okay, what's going on now?
Let's see.
Oh, really?
It's playing with us now.
Let's see.
See if that one works.
Well, this is interesting.
Hold on one second.
We've got a technical issue.
Let me stop the share so I can log in.
Hold on one second.
Let's see what's going on.
Back to sign in.
Log in.
Yep.
One, two, three, four.
That's funny.
Hopefully it works.
What is going on?
Hold on a second.
Let's see what's going on.
The USPTO website is freezing.
Let's see what's going on.
You haven't changed anything internet-wise at your office, have you?
No.
What?
What is going on?
The website is down.
Are you serious?
What is going on?
Hold on one second.
Let me try this again.
I might have to do this tomorrow.
Try it again.
Log in.
Yes, please.
If you want to contact me, I can proxy for you.
You have what on when you're in?
Just the USPTO's website.
I'm not trying to do the USPTO.
I'm trying to get into the private account.
You don't have a private account, do you?
No.
I have you.
No.
Hold on.
I'm trying to get into the private account.
It's not letting me in.
It's saying it's shut down right now.
Why would it do that?
Let's see if I can do something else.
I'm trying to get into the private account.
They're doing something internally.
Okay.
Let's see.
Let's see if I can do this a different way.
Let's see if I can get into the private account.
Let's see if I can use my private account.
Let's see if that will work.
Hold on a second.
I don't want to mess this up.
Let's see if I can get into the private account.
I found another way in.
Hold on.
Let's see if I can get into the private account.
I found another way in.
I have two accounts.
I have a law firm account and then I have a personal account.
I just went into my personal account.
Ray, you can talk now.
I was just going to give them something to do while you were doing that.
Just to throw questions in the chat.
This is one of the biggest,
probably one of the most important things.
that we go through, and I want to make sure that you guys can all see this.
Can everybody see the screen right now that says Trademark Application on it?
Okay, good.
All right, so that whole process that we went through, there are multiple tiers of security
that the United States Patent and Trademark Office uses.
Then once you actually get through with your username, and your email, and your password,
and your second password, they then send you a code, and they confirm it, and then now you're in.
It froze on the law firm one, which is kind of interesting, so I'm going to have to call
them up and see what that's about, but my personal one works, so we can actually
do an application here, so we're fine.
All right, now let's jump in.
I think I'm going to make this a little bigger for you to make sure it's easier to see.
Okay, can everybody see that okay?
Okay, all right.
So this is the actual, this is the screen that you get when you're going to file a trademark
application itself.
Okay, so now there's a lot of verbiage in here.
You can read it if you want.
There are two different application types.
There's a TEAS Plus application, and there's a TEAS Standard application.
I'm going to explain to you what they both mean.
A TEAS Plus application is where you're using the description of goods and services that
are provided by the United States Patent and Trademark Office.
Okay, it's their descriptions.
So if you're going for shoes and you search, you type in shoes, it's going to pop up with
the international class associated with shoes, and instead of saying shoes, it might say
footwear.
So you have to use their words for your goods or services.
Okay, now if you say to yourself, I don't want to use their words, I want to use my
own words, then you're going to select the standard, TEAS Standard instead, right?
Oh, and none of this is legal advice.
I'm just showing you how the website works, right?
You guys, you should work with a lawyer when you do this, but you should learn what's actually
being done so you know what to actually produce for the filing.
So if you're going to use the United States Patent and Trademark Office's description,
just click on TEAS Plus.
You notice how it's cheaper, right?
It's $250 versus $350.
The reason why is because if you use their words, they think that they have to spend
less time than if you use your own words, which is true.
So they charge you a little less if you use their words, okay?
So I'm going to go through a TEAS Plus application.
All right, so now people in the chat, type in a trademark, not one that actually belongs
to anyone here.
Just come up with a word, type a word in the chat, and we're going to go for that word.
And then we'll start out with that.
Just type in a word, and we'll choose one.
Let's see.
Driven, driven was cool.
Yeah, driven actually was cool.
Logistics, okay, what else?
Any other suggestions?
Power.
Okay, all right, I'm going to use driven.
I'm going to use that powered.
Okay, I'm going to go with DRVN.
I think it's unique enough.
It's not something that everybody else would own, likely, so I'll try and use that.
So let's assume that's it.
Now, let's go for give me a good, a product that's actually covered by the name DRVN.
Just type in the chat some kind of product, and then we'll choose one of them.
Let's see what you put down.
Cars, yeah.
Cars could be one.
Definitely coffee.
Coffee, oh, I like that.
Driven for coffee.
I like, that's actually pretty, that's pretty good.
I like that.
Athletic supplements, yeah.
I'm going with, all right, we're going to go with coffee and driven.
Strain wheel covers, OCD medication, OCD medication.
Driven, yeah, that's a good one.
That's good.
We're going to go with coffee.
So we're going to use DRVN for coffee.
Okay, so let's look at the application here.
Is an attorney following this application?
Now, here's the funny part.
I am an attorney.
So when I followed my own trademark application and I selected, yes, an attorney is following
the application, it asked me for the name of the attorney.
But when I listed myself, it said there was an error because I'm the applicant.
So you can't be an attorney for yourself, apparently, according to the government.
So they wouldn't accept my application.
So I had to say that I was not an attorney when I filed the application, right?
It was pretty messed up.
But anyways, and something that you're all going to see after you file an application,
you're going to get a ton of emails from random people, like lots of them. Why am I telling you
that? The email address and the phone number that you list here, I would not list an email address
or phone number that you don't want to receive a lot of communication from because everything you
enter in here is public record. It's all public record, okay? You do have to list your actual
address, right? But if you want to do a P.O. box, you can do a P.O. box. But just remember,
all the stuff you enter here is public record. So if you give your personal cell phone,
you're probably going to get phone calls from people. The good part about giving your own
cell phone number, which I do, is that if the examiner has a question before they allow your
case, they will call you sometimes and say, hey, Michelle, I noticed you filed on this.
If you change this word to that word, I'll allow your case. Boom, done, right? Because they have
your phone number. So phone numbers are nice to give them. It's just up to you if you want to do
it. All right. So I'm going to say that I'm not an attorney. I'm going to lie on a federal document
so that I could file a trademark application. Yeah, not wise, right, Shelley? All right. So
let's see. Let's go down to continue. You're not going to do number three here. Number three is if
you actually started a trademark application already and you have a copy of it, you can
actually attach it. You don't have that. So just click continue. All right. Now we start digging
into the meaty stuff. Owner of the mark. That is the entity that owns the trademark. Now,
if I'm filing a trademark application, something to keep in mind, this is really important to keep
in mind. Anything that you're filing, any intellectual property you file for, like,
let's say you take the foundations and IP package as a business. It's a business expense. You can
write it off. OK, it's hiring for legal services. And if you took VIP, which was one ninety five
and you signed up under your business, you can be reimbursed for that because it's actually
educational services. OK, it's furthering your education. OK, so if you did this through your
business, this is a write off. The challenge was a write off. VIP is a write off. And if you
actually take the package, that's a write off. The fifty nine ninety five, it's a write off.
So that's why I tell people when you do this, try to do it on their company. But when you file your
trademark application, it's up to you if you want to own it yourself or if you want your company to
own it. Let me explain the difference between the two. This is why you're very fortunate that you're
in VIP, because I'm explaining the litigation side here. If Alina says, you know what,
I'm forming a company, the company's name is like ABC Corporation, but I want to keep the
trademark in my name. If I keep the trademark in my name, then I can license the trademark to the
company. Right. But I maintain ownership. So I keep myself as a very important party in this
entire equation by keeping it in my own name. The issue with that is that if I end up having,
you know, multiple people that invest in the company and they find out that the trademark
belongs to Alina, they're going to go, well, hold it. I'm investing all this money in your company
and you don't even own your own name. Somebody else owns it. Like, can we buy it from Alina?
So Alina might make some extra money off the trademark later by keeping it in her name in the
beginning. But if she keeps it in her own name, if she's not a legal entity, she's not going to
get a tax write off because she's an individual. Right. Corporations get write offs, right.
Individuals don't get write offs for just kind of doing patent applications and things like that.
You want to do it in the name of a company. Right. None of that was legal advice, by the way.
That's just, I just felt like randomly talking about LLCs and corporations and what people
might do in a situation. Who knows? I don't know. It just came to me on a Wednesday night. I just
felt like talking about it randomly. So for that reason, an individual might want to file a
trademark application on the name of a company. Right. So if the trademark is in the name of
the company, then what goes here for the owner of the mark is ABC Corporation.
Right. That's the name of the company. OK, if you list yourself as an individual,
then the trademark becomes yours. That's different. So that's the first question
you've got to figure out. And for those of you that go into the foundations and IP.
package, we'll talk through that.
We'll help you figure out tax implications,
like what should you do?
Should you keep it in your own name?
How do you market?
How do you let the public know who the owner truly is?
Like in your copyright notices,
should it be your name or should it be the company's name?
We'll go through all that stuff in that package, right?
Okay, so let's assume that you're putting in the name
of ABC Corporation.
So the owner becomes ABC Corporation.
Now, some of you have DBAs, right?
Let's see, so what a DBA is, you know,
is like doing business as.
So you may be ABC Corporation, but you go by another name.
If that's the case, then just click DBA
and type in what the other name is, right?
Like get her done.
So ABC Corporation goes by get her done, right?
So that's it.
So that's why I type it in there.
See, it's a DBA.
Now, let's say that your corporation,
ABC Corporation is an LLC.
Just click on LLC.
When you click on LLC, look what happens.
See the state of incorporation shows up
or the country of incorporation shows up.
So if you were incorporated, let's say in,
let's go to DC.
Yeah, let's say it's a DC Corporation.
So it'd be District of Columbia, right?
Or if it's wherever it is,
let's say you're in California, California Corporation,
whatever it is, you just specify that there, okay?
So now you have your internal address.
You put down whatever your internal address is,
like 1050, let's see,
Best Business Avenue.
So that's, oh, actually that's your internal address.
So 1050 Best Business Avenue would go down here
under your mailing address, paste.
Internal address might be like, I don't know,
suite 200, something like that, right?
Then you put in your city.
Let's see, Destin, and that's gonna be in Florida.
And I don't know what zip, let's say 15624, that's a zip.
Okay, this box here,
rarely you're ever gonna do this.
It basically just says, uncheck the box
if the domicile address and the mailing address
are not the same.
So if the domicile address for the business
and the mailing address for the business
are different places, then you would uncheck the box,
and then you would actually enter
in the domicile address separate.
That's not usually the case.
So it's rare that that actually happens.
You put in your number,
I don't know, 612-627-8997,
and then your email address.
Now the email address here,
the USPTO is gonna communicate
with the address that you list here,
but it's also gonna give you an option
to list other email addresses.
So like if you hire an attorney,
it'll actually have an extra email address for the attorney
where the attorney will list their own email address.
Like our law firm actually lists our own email address
on top of your email address
so that we get a copy of everything
so that nothing ever gets lost.
Your lawyers will always do that, or they should do that,
because you don't want a situation
where you get a communication,
you don't even know what it is,
and it gets missed, and the case goes abandoned.
So your attorney should always be listed, but not here.
They'll be listed somewhere else.
So this is the applicant, the owner, right?
Provide an email address
to keep the address current with the USPTO.
So let's say your email address
is thebestkitchenathotmail.com.
Oops, hotmail.com, okay, there you go.
All right, so now everything is in here.
You look back and you see there's a company,
there's a DBA, it's an LLC.
You know, you can do other things.
It doesn't have to be an LLC.
It could be one of the other things there.
Interim address, mailing address, city, state is there.
Let me look and see what's going on in the chat.
Yeah, P.O. Box, correct.
You can put the P.O. Box up here too.
Yep, P.O. Box is fine.
Yep, I'm looking to see the questions in here.
I'm going to put it in a trust.
She had a question about if you could put it in a trust,
but then she found the answer and she looks.
Trust will be.
You can't put it in a trust. Absolutely.
If you do just select trust right there.
Just remember if you're doing things like that.
And that's a clever way to do things. You can put things in a trust.
I'm going to put it in a trust.
I'm not an attorney working on a trust, setting up things appropriately,
because I've seen people start assigning things that aren't created
yet.
And now you're sending assets.
You're sending a federal document.
For an entity or for something that's not fully created.
So what do I mean by that?
If you're saying, well,
I don't want to file something in the name of something that doesn't
exist.
Like your hopes and dreams are really important,
but they're important to you, not the federal government. Okay.
So if that's not created yet, don't.
Listed as an asset of those things.
All right. So now we go forward and click continue.
All right. So the beginning part, pretty simple, right?
Just your name address.
The big issue really is in that area is really.
You're going to have to have it as an asset of your own,
or you're going to assign it to a company.
That's what you have to figure out.
That's probably the most, the most difficult part of the first page.
You got to figure that part out.
Okay. Now we get to the.
The more detailed stuff.
We decided that we're going to file for driven.
D R V N.
Right.
And we're going to follow that as a word mark.
Okay.
So the list of characters is what I would select as a word mark.
Now we're just coming here and type in D R V.
That's it.
And then you can preview what it looks like. There it is.
DRVN.
That's good.
Close it.
That's it. Now let's say I was falling for a logo.
I would click on the stylized or design right here.
And then I would click on the logo.
And then it's going to allow you to attach a copy of the, of the,
the image.
There's specific.
Formatting that's needed for the type of image.
Your lawyers will walk through all this with you.
All right.
But you didn't have to describe the image you have to describe,
like, let's say it's the Nike boots.
And you have to describe, you know, elongated arc.
So you're going to need that.
Description.
On the left side going to an elongated.
Portion on the top right side where the arc.
Looks like a check mark.
And the long elongated portion extends upward lead to the,
to the right.
Like that's a description of.
Right.
So you're going to need that description, but we're not doing that here.
We're just doing a basic word.
Application. So we just come in here.
And we're going to say, okay.
That's it.
Double check.
Make sure it's there. Yep.
That's it. Good.
Move on.
All right.
This is this additional statement section here is really,
if you have another application that was filed previously and you want
to square back to that filing, or if there,
If you have another application that was filed and you want to
square back to that filing.
And you filed for an application 20 years ago.
It went abandoned.
And now you're refiling.
I might go in there and select.
Make a statement with regard to a prior filing.
Like.
There's a bunch of different things are you're not going to need this.
So just click continue.
Now we're getting to the fun part. Okay.
So as of right now, we file for D R B N.
And then we're going to select goods and services.
You remember we filed the T's application.
So the T's application.
Is going to give you the words.
And what we said, we were going to file for us coffee. Right.
So I'm going to go for like coffee.
I'm going to go for like coffee mugs and I'm going to go for coffee
pots. Okay. Let's do like three different things.
So now I go over here and I type.
Coffee.
Cause I'm from New York.
All right. So I click coffee.
Go.
Now look at all the coffee things that come up.
Class 30.
Coffee.
Coffee shops, ice coffee, coffee, beans.
Coffee cups.
On that one, I look for coffee alone, there's coffee there.
So there's coffee cups.
And then I said, I wanted to look at coffee pots,
like things for making coffee.
I guess that's, is that a, it's not a roaster.
Let's see.
Coffee pods, pods, pods.
Electric coffee brewers, there we are.
Electric coffee brewers.
It's class 11.
Coffee machines, electric.
Coffee percolators, electric.
Let's see.
Electric coffee makers, electric coffee.
Percolators.
Grinders, no.
Electric coffee machines.
Basically what I'm doing is I'm checking everything
that is associated with what I'm going for.
Look, they have, they even have coffee makers
for people that have been cremated.
See, electric coffee urns, isn't that cool?
Yeah.
Let's move on.
Let's see, coffee pods.
He got jokes, folks.
Now you got it, he got jokes.
Guys, I'm getting to that point.
Usually by the third day, I start to get out of hand,
but we're starting now, it's day two.
All right, electric coffee roasters, we got that.
Coffee makers, electric.
Coffee brewers, electric.
Coffee roasters.
No, not roasters.
We're not doing roasters, that's different.
Coffee pods, electric.
And power operated grinders, no.
All right, that's it.
Oh, and there's a whole bunch of other ones.
So you could continue clicking.
It looks like there's 212 entries, wow.
Let's see, non-electric coffee percolators.
Non-electric coffee pots.
I think that's enough.
Let's say that's it, okay.
So then we click insert checked entries.
Now watch what happens.
See them all?
See them all on the left-hand side here?
Here's every single one that we checked on.
What is that?
I don't want that open.
Go away.
Why did that open?
All right, so all the ones that we checked.
Now, why is this important, what I just showed you?
It's now showing you the international classes.
Remember how I told you every international class
you're paying an extra fee?
So because we selected three different,
we selected coffee, we selected coffee cups,
and then we went for the coffee machines.
That's classes 11, 21, and 30.
That means you're gonna be charged at least $750.
That's not including the attorney's fee.
The attorney is gonna charge you for their time separate.
Okay, so that's the fee that you're gonna get hit with that.
So now you've got all these goods, which is great,
but you notice what's missing?
You see the assigned filing basis is missing.
It doesn't say if it's an actual use
or an intent to use application yet.
That's not listed yet.
So all you've done so far is specify what it's used for.
Now you wanna specify if it's an actual use
or intent to use.
So let's assume that we are making coffee
and let's assume that there are coffee cups.
Let's assume that's already happening.
But we haven't started making the coffee machines yet.
We have coffee, we have coffee cups.
We don't have the rest.
So now I would select these first two here
and I'd say section 1A means
actually using the Mark in Commerce now.
See that it says it right underneath it.
Actually using Mark in Commerce now.
So I click the two buttons and clicked on those two
and I click section 1A.
All right, so let's see what happens here.
Let's see what's happening.
Four buttons below, identify choices, blah, blah, blah.
Oh, they gave us an error.
Well, you may assign them a month visit
or you may assign separate.
Yeah, I know that.
Okay, so they changed this now.
Yep, they changed this.
All right, so let's see how we're gonna have to do this.
We may have to, let's see.
If I get a coffee, section 1A.
Okay, they changed the USPTO website.
So you have to do one class at a time.
All right, so now why?
The reason why is because if you select more than one class
then you're not gonna be able to attach.
specimen for multiple classes at the same time. So you have to select one class alone, right?
So what do I mean by that? I can select 30 alone, in which case I come back here
and now I have to describe a specimen for it. Let's say I have
the coffee that I sell is sold in a bag. Let's say like this here, give an example.
Let's say the coffee is sold like this, right? This is not marijuana, this is tea, okay? I just
have tea in my, just tea, okay? Just tea, I promise, it's tea, right? So lemon, drop,
ginger, okay? All right. So on this, it says A-E coffee, A-N-E coffee. So if I'm going to
describe a specimen, the specimen is a picture of the product with a label on it, right? So then
all I would do for description, in my case, for the description of the specimen is I'd just say
a digital image of packaging for a coffee, coffee having trademark thereon.
Trademark thereon, okay? And then attach or remove a specimen. They're going to ask you to
upload an image. I'll have to choose an image. Just whatever, I'll just grab an image.
Let's just grab an image. There. Oh no, that's an MP3, can't use that. Pictures.
Let's use that one. Attach. Will it let me attach that?
See if it works.
Come on, USPTO, you can keep up. It's uploading, it says.
Taking a while, shouldn't take that long. There it goes, it's uploaded. All right, can you guys
see the screen right now? Yeah, okay. So it says that it's uploaded, it's right there, file uploaded,
there it is. Okay, so I return to the form. So now I've got the file itself,
I've got a description, data first use of the name anywhere, of driven anywhere. Let's say I
first used it January 1st, 2021, and then the first use in interstate commerce, which is across state
lines, let's say that was on the 21st. And then I sign the filing basis.
And look what happens. Coffee 1A. See that? It's now done.
That whole process allowed me to say coffee has already been sold, I'm filing an application,
here's the specimen, I described the specimen, I gave the data first use in interstate commerce,
and data first use anywhere. And now it's been assigned a filing basis of 1A. So now what I need
to do is go in for these other ones, and I need to assign a filing basis. Let's assume everything
else, just for speed purposes, let's assume everything else is an intent to use. So I go
to section 1B for class 21. And now you're going to get this little point here. Basically what it's
saying is that make sure you understand that you're filing an intent to use application, and
at some point you're going to have to change it to an actual application, something that I already
explained to you. So you're going to say yes, I understand that, right? And then you just click
on that box and assign filing basis. And then watch what happens. Boom, they're all 1B's. See that?
Done. So now let's say of all these things here, you know, let's say they're all intent to use too.
I just click them all. Click, click, click, click, click, click, click, click. And I do section 1B's.
Click the box again, go down to the bottom, assign filing basis. Done. Now before you go forward,
you know, before the person who's filing the application goes forward, everything on the
right side has to be assigned. If it's not assigned, it won't let you go forward. It'll crash,
and you have to go back and fix it. So now that I see there's a bunch of 1B's and there's a lot
One A, one A means that I'm actually doing this one already.
I am actually selling coffee.
One B is it's an intent to use, you know,
for all these other ones.
Got it.
All looks good.
I click continue.
Now that up to this point,
you have now done all the tough stuff.
It's done.
Everything else here is like simple administrative stuff.
Now, was that like remarkably difficult
what we've done?
Not really, right?
Now you can make a ton of mistakes there.
You can select the wrong class.
You might not describe the goods and services properly.
This is why you should get an attorney involved,
make sure that they do it right.
Cause if you miss something, you can run into problems.
But now you should look here and say, okay, name.
Yup, ABC Corporation.
That's right.
A docketing number is like,
if you internally have within your business,
a docketing number for this, like, you know,
it might be, I don't know,
whatever internal docketing number you might have.
So like my law firm actually uses numbers for a client
and then numbers for the matter.
So let's say this is the matter number 17223-00101.
And then this is where you can list
the other email addresses right here.
Okay.
So the first one should be the email you already listed.
That should be what you already gave earlier.
And here's the second email address.
So if it's attorney,
the attorney's email address should be here, right?
Like for my law firm, we actually have trademarks at,
we have trademarks at neovisip.com, right?
That would be the one that I would list there.
And then you click continue.
And now come the costs.
Remember I told you what it was gonna cost you?
There it is.
Three classes.
Classes 11, 21, and 30.
$250 per class, $750 is what you're gonna have to pay.
Okay.
So now at this point,
you can either sign it directly yourself,
or you can send it to another party to sign it.
You can read all this stuff.
Basically, you end up checking all these boxes here.
You do a signature.
Signatures, there needs to be a slash,
and then the name, Peter A. Nieves, and then a slash.
That's what a signature looks like
with the United States Patent Trademark Office.
Then you just click on the date.
Date automatically pops up.
You type in the name again,
type in the position, owner, the phone number.
Remember how I told you, don't list a phone number.
You don't wanna get random phone calls too.
But at the same time, remember,
this is the number that the USPTO may call.
And then you click validate.
I'm not gonna click it
because I'm not submitting this application.
Once you click validate,
the screen's gonna pop up with a whole bunch of information.
Actually, you know what?
Let's do it.
Validate.
There it is.
Okay.
So you see, it says it has not been,
not yet been filed with the USPTO.
You have to complete the final steps to get it submitted.
Right?
It's not done yet.
But if you click on the input button here,
everything that you entered should be right here.
Now you can double check everything that you entered.
You look for the trademark.
Yep, that's it there.
Standard characters, yep.
The mark consists of standard characters
without any claim to a font or anything.
Yep.
The owner's correct.
The DBA is correct.
Internal address, correct.
Mailing address, city, state.
All that's correct.
Each one of the phone number's right.
Email's right.
Type of legal entity.
Where it was incorporated.
Each trademark class.
What products or services were in that class.
The filing basis.
Was it a 1B or a 1A?
There's another application.
And it says this one is for this class.
These are the products.
That was a section 1B.
And then for class 30, that's coffee.
That's section 1A.
And then it tells you the date of first use
for the section 1A.
Because anytime you claim that you're actually using it,
you have to say when you actually used it.
There it is right there.
We entered it earlier.
It's correct.
If we want to make sure the specimen is correct,
we click on that.
That was a specimen that was connected.
It's correct.
And then the description of it.
Did you want me to packaging for coffee
having trademark there on?
Yep.
And you go down to see who's the correspondent.
I'm supposed to go to, the information is there.
Applications and fees plus three classes,
250 class, $750, the electronic signature,
the name of the person, their position,
phone number, date signed, done.
If it's right, then all you do is you go down
to the bottom here, you click on this button here,
you should read all this.
The attorney will click on the button there
and then click on paste a bit and done.
If it's wrong, then you click on go back to modify.
And you can keep going back as far as you want.
Just keep going back.
You say, oh man, you know, I made a mistake
on one of these goods over here.
Like this one here is wrong, that's wrong.
So you might wanna click on that one
and then just click remove checked goods or services.
Boom.
Was it still thinking?
Why is it taking so long?
Did it freeze?
See.
No, it's not frozen.
Move.
Yes.
There is an okay box at the top.
Yeah, because your faces were on top of it.
So I had to move your faces.
Sorry, I had to move your faces so I could get rid of that.
All right, so it's there, done.
Now it's gone, right?
So you might say, oh, well, you know,
I don't think I can afford to file
on three applications right now.
So you might say, I'll file this one later.
So you click on those and you just say remove.
Okay.
Gone.
Now you're falling on two classes.
And you go forward, continue, continue.
Now you got two classes.
See, cost went down.
That's how you play around with this thing.
But this is a tool that we use,
paralegals and attorneys will use
for the filing of a trademark application.
The skillset comes in when it comes to the selection
of the international class
and the services or the goods that are selected.
That's where you really wanna make sure attorney's involved
because if you mess up,
you're gonna have to file another application.
And so it's gonna cost you a lot of money all over again.
Okay, let me stop the share.
Okay, questions.
I know that that was kind of big.
I went through a lot of things there,
but I wanted to show you that
because now what happens is you'll be able
to understand the process
so that when you work with an attorney on something,
you can give them again, give them what's needed,
decrease the amount of time
and get what you needed at a lower cost.
All right, so let me scroll down here.
If you have any questions, just raise your virtual hand.
All right, Anthony, go right ahead.
Yeah, so I guess I think one of the questions
I was thinking about was,
is there a checklist that we need to have
certain things in place before we go to the lawyer,
like to legal advisor for doing the trademark?
Or is that only in the legal advisor's office?
And I think that's a good question.
For doing the trademark,
or is that only in the next level up?
Yeah, so in the foundations and IP package,
you get the checklist.
Like we actually give you the list.
And in fact, what we do is we give it to you
in a format you can actually fill in yourself
and use it over and over and over.
You just save, what you do is we tell people
to save that formatted document
and just use it continuously.
So you keep a clean version
and then you give that filled out form
to the attorney right away.
And you see, oh my gosh, it's like,
the attorneys will love you.
And separate from that, it'll decrease your costs.
Now, remember in the foundations and IP package though,
you don't pay extra for a trademark application.
It's included, which is really unusual.
The guy who actually gave me some insight
on the package that we created was Pedro Dale,
like from 100X.
And he said, you know what would be really cool?
And I was like, oh boy.
He says, yeah, why don't you throw in
a trademark application?
I was like, oh yeah,
just randomly throw in a trademark application.
Sure, why not?
There's no legal costs associated with that.
And he's like, just throw it in.
I was like, okay, yeah, we could do that.
So then we do the trademark application.
We do a top level search online.
He was like, okay, sure, throw that in.
And then he said, well, now there, you know,
you have this separate thing
that's called the protection portal.
And in the protection portal,
you're guiding them throughout the year
to help them become successful as companies.
And we said, yeah, that's correct.
And he says, why don't you throw that in?
I was like, hold on, hold on.
I do an IP audit for $15,000.
That's what I charge a company.
So you're saying do an IP audit,
trademark application, trademark search,
and a year of training,
answering questions without legal advice,
without any extra costs for six grand?
I was like, he's like, well, if you do that,
what you're gonna do is really assure these companies
they're gonna do well because you're there.
You can help them continuously.
And I was like, all right, yeah, no, that makes sense.
I was like, okay, we did it.
And the second we did it, 17 people signed up,
like on day one, they were just like, I want it.
Like, we didn't even finish the first conversation.
Like, they were just like all over it.
We're like trying to figure out like, guys, you know,
we're trying to train you and they're like,
you can tell they're doing something else.
And I was like, and so I was like, what is going on?
And then we looked at ClickFunnels,
all these people already registered.
I'm like, all right, well, yeah, it is a really good offer.
And so we included in there,
you're actually gonna get so many different things,
but to keep it organized,
you're gonna get the form, right?
You're actually gonna get before that first meeting,
before the audit meeting,
you're gonna get a list of seven or eight things
to do before that meeting.
Like, I don't just throw it in there.
Like, I don't just come out there and say, meet with me.
Like, I prepare you for the meeting.
So you'll see, there'll be a form that comes out,
lays out every single thing that's necessary
for that meeting.
Now you can have that together or not, it's up to you.
But I can tell you that probably 90% of the people do
because it just streamlines it.
Ray, are you trying to say something?
Oh, I was just gonna put in the chat that it does.
It helps you to organize your IP or your brainstorms
if you're starting from blank beforehand
so that you can maximize your time
while they're there with you, Peter.
But also a lot of people get nervous
that they're not ready for it
and they couldn't be more wrong, you know, respectfully.
What ends up happening is we've had like 80% of our people
have already branded, they've been operating their business
or they're ready to launch and they have set themselves up
to be infringing on another trademark and another brand.
And other copyrights and all these other scenarios
that are going on.
So what we found is they had to actually go back
to the drawing board, completely rebrand.
Guys, that is, I gotta tell you,
and just so you guys know, I'm not trying to sell.
I mean, just so you guys know,
like I run a law firm where I bill at 600 bucks an hour.
Like within 10 hours, you know, within a week,
I could essentially make the equivalent of like five or six
or seven of those audits.
So it's not about that.
I want to see you guys do well,
but the worst feeling we have in doing these audits
is when we get somebody who's been running a company
and then we go doing searches
and we go find that they're infringing.
Now, like we just did one recently.
Like we just recently did one and she was like so distraught.
She's like, well, hold it.
That means I need to start all over.
So we had to walk her through how to rebrand
and we did a new search for her with the new branding.
And then we actually were praying
about the right name to be released.
And she got a new name,
which was actually a miracle in and of itself.
And then she went after that name and she's ecstatic now,
but you know, she had to change a lot of things.
So if you're at the point where you're thinking,
I don't know if I'm ready yet.
If you have an idea and you're thinking,
well, I can do this with it, I can do that with it.
I'm not sure if I should do this or do that.
That's what this does.
It provides clarity.
It really makes it very simple for you.
We walk you through,
we give you the list of all the things
to accumulate beforehand.
We had somebody, we actually had,
I'll actually have her come on.
I'll see if she's available tomorrow
to speak to you guys real quick for a few minutes.
She came on and she said,
I don't have anything to talk about.
She took three hours.
She literally said, I have nothing to talk about.
I have a book, that's it.
I don't have anything to talk about.
And literally three hours later, we were done.
And she's like, I don't understand.
How did I have that much stuff?
I said, because it's all in you.
We just, we had to show you how to use it.
it and apply it. And she just published her book and she's now a number one bestseller on Amazon,
right? Great reviews on her book. Everybody's like, I can't even get back to my life. Your
book is so good. Yeah. I mean, she's amazing. And so, you know, she actually did the audit
beforehand, which actually gave it a clarity that she needed to actually step forward.
And I mean, we have tons of different testimonies. Honestly, it is a remarkable honor to be able to
serve. For me personally, it's a remarkable honor to serve at this capacity. It really is. I love
this to see you guys be successful. Michelle, go ahead. Yeah. Just a quick question. I hope it's
not basic because I'm just learning everything, but can you just like go over like a service mark
and like when you use like SM instead of TM and like if you could just like cover that just like
really fast, that'd be great. Yeah, it's actually a good question. Some people will actually
use the SM. Not a lot of people do it. It's kind of old school. It's essentially the same thing as
a trademark, right? So trademark can refer to both like a normal trademark or a service mark.
So you can use it. You can use a TM for a service. You don't have to use the SM. I've seen a lot of
people that just use a TM. But let's say you're providing some kind of service. You can use the SM
instead. So but you wouldn't use an SM for a good. You'd only use it for like a service. So let's say
you're providing like educational information. That would be an SM if you want to actually use
the SM. But it's kind of some people, you know what I'll do? I think that's going to be helpful
for you. I'll drop a link to a detailed explanation of the differences between the two. But I can tell
you that at the end of the day, like if you're running something like a restaurant, that'll be
like a service mark, like a store, that would be like a service mark. You know, but if you're doing
training on education or you're doing coaching, I would just use a TM. I wouldn't be using,
you know, service mark for that. But typically stores will use like service marks. But I'll
drop a link in there so you can kind of read the long verbiage about when you should use one over
the other. But I can tell you at the end of the day, legally, you're not going to get in trouble
if you use a TM instead of an SM. That was my question. Okay, perfect.
Like as an example, I'll give you an example. So let's say we're looking at like McDonald's,
right? McDonald's has, what do I call them? McNuggets or like the Big Mac. Those are
products, right? So products would be TMs. Now, if I was trying to protect the name McDonald's
alone, right, the name McDonald's alone would be like a service mark because it's a restaurant.
It's like it's in the business of serving food to other people. So that would be an SM,
right? Now that the logo of the gigantic golden arches, instead of the golden arcs from like
coming to America, that essentially would be a logo that would be covered by a TM, which is like
a trademark, right? Now, if there is, there's this thing called, I don't know if you guys have seen
this, there's these things called McCafes, right? It's like MC cafe. So if you have MC cafe, if you
looked up the trademark, it'll be an SM because it's a service. It's a restaurant. It's a service
that's provided. So there are some differences, but I mean, honestly, at the end of the day,
if you accidentally use a TM, all right, look, this is not legal advice.
But if you accidentally use a TM instead of an SM, I don't see like a court coming out and going,
you can't get damages because you use a TM instead of an SM. So like, you know, I don't see that
being a problem as a litigator, but you know, the appropriate thing would be an SM if you're
providing a service, like think of restaurants, massage, a massage parlor, right? So like a
massage envy, right? That's, that's an actually a chain, right? Technically it should be an SM.
They don't use an SM, they use a TM, right? Actually they use a circle R at this point.
So, you know, it's, it's, you can use an SM. I'll drop a link to an article that goes into a lot
of details, but it's one of those areas that is not extremely important. You're not getting in
trouble. But technically the right thing would be if it's a service oriented business,
like a restaurant, like, like that, then you would, you know, you would, you know,
you wouldn't want to use an SM, right? So, you know, if it's a service oriented business,
but using SF.
Does that help?
like a restaurant, like, like that, then you would, you know, you wouldn't want to use an SM.
Yes, it does.
And then once it's federally registered for one year,
you can use the Circle R.
You don't have, not for one year.
The second you get the registration,
immediately you can use the Circle R.
Now, you will never get in trouble
for not using a Circle R
when you get a federal registration.
You can get in trouble for using a Circle R
if you don't have a federal registration.
That's important to understand.
There's a difference between the two.
Okay, so if you get the federal registration,
you can then use the Circle R.
If you don't have the federal registration,
do not use a Circle R.
I've seen people get sued for this.
Okay, and it's painful to watch, right?
So just be careful.
Don't use them if you don't need to.
Anybody have any questions
about the trademark application itself?
Just wanted to double check before we close on that.
Nope, okay, cool.
So all of you, you already have your homework.
If you would just go live.
Does anybody here not know how to go live on Facebook?
Okay, cool.
So if you have the opportunity to go live,
it's just gonna help people.
Let people know what you learned.
Like if there's something in particular,
just let people know about one thing that helped you.
Okay, the reason why I ask people to do this
for a few reasons.
In the Foundations and IP package that we provide,
you also become part of a network
with some pretty amazing entrepreneurs, right?
These individuals are running corporations.
Some of them are artists.
Some of them, like Jill, is an artist.
You've got other people who are authors, accomplished authors.
You've got coaches.
You've got people who are serial entrepreneurs.
You've got people that create funnels,
people that do artistic works.
I mean, there's people in all sorts of areas.
It's really helpful if you learn how to use your voice.
Let people know who you are.
Let people know what is helping you,
what's important to you.
It's gonna just let other people know about you.
And then separate from that,
there may be something unique that you learned
that somebody else isn't thinking of yet.
But when they watch your video,
oh my gosh, I didn't even think of that.
Wow, Alina saw how this thing applies to her business.
And when she explained that,
oh my gosh, that actually pertains to me as well.
And so what I try to establish in creating this environment
is an environment where you guys can help each other too.
Because it's not just me.
It's the value in doing this
like Foundations and IP package that we do.
It's not just me.
If you watch the videos of all these testimonies,
people are helping each other like succeed.
And it's actually pretty remarkable
to be even affiliated with this person.
I mean, I talk to Ray and Larissa about it all the time.
I love doing this.
It's a lot of fun.
So I will take one more question if there is one.
And if not, then we will end.
It's been like an hour and a few minutes so far.
No questions?
Going once?
Going twice?
Bueller?
One mention of not knowing how to go live.
Do you want me to screen share and show really quickly?
Why don't you drop it in the Facebook group on how...
Oh, you can screen share and do it.
Yeah, do it real quick.
Show people how to do it.
Good.
So for here in the Facebook group,
you just have to initiate going like creating a post.
You can come down here
to these three little dots in the corner.
And it gives you the option to do a live video.
So go ahead and click that so they can see.
It's gonna be all.
All right, so then in there,
you've got to click right, that one to go live.
This one?
No, you don't need to do that.
Just select.
I don't even go live.
Yeah, I know you don't.
Just select that.
Well, you don't need-
He's bugging me to make videos.
You're live all the time, so you don't need to.
Right.
So what would happen is you select that,
then you click on webcam on the top.
Yep, that one.
And then that's it.
It might be interfering because we're Zooming, but-
Yeah, it's not gonna let you do it now
because you're live already.
Yeah, I just did this for the first time on my computer
because I have a new laptop.
And it's a little trickier.
Just give yourself patience because I had to,
and I go live all the time from the laptop.
But on your phone, it's crazy easy.
It's like start a post.
And then that little point,
just like you said, there's a little camera
and it says live video.
Take a deep breath and don't worry.
It's a closed group.
We're all friends here and family.
Nobody's gonna correct your grammar.
And he might hate it, but someday you're gonna be famous.
Someday you're gonna be in front of more people.
There are more bloopers about me than any of you combined,
just to let you guys know, all right?
There's no bloopers of anyone but Peter.
Ray has been secretly recording me without me knowing.
That's not true.
You're a lawyer, I know that.
I'm waiting for that day that the blooper reel comes out
and I'm like, what in the world?
How did you record that?
I'm looking for new ways to capture it
because Peter's really, he's so smart.
He does the best blooper content when we're not recording.
Like he knows, he knows.
And I love the best stuff.
Yeah, especially like the beatboxing.
When I do the beatboxing and stuff like that,
I do not record, I know it.
When he starts rapping, guys, it's just.
Yeah, we'll save that for another day though.
All right, well, you guys, if you have questions,
obviously you know how to reach me
and how to reach the team.
I really wanna make sure you guys are successful.
So if you have questions, let us know.
This is the end of day two.
Tomorrow is day three.
We're going deep in the copyrights, guys.
Tomorrow is probably,
I don't think it's complicated, but it is detailed.
It is very detailed.
So come tomorrow, come well-rested
because we are gonna go into everything
from how to file on the copyright website
to, fortunately, you guys are VIP,
so we can play around with the copyright website
separate, alone.
And we can do a whole bunch of different exercises together.
But tomorrow we're gonna go into
some of the applications of AI,
what to be careful about,
like with ChatGPT, with MidJourney,
with Otter AI, Jasper.
You know, we're gonna go into some of those issues.
Separate from that, I'll let you know
all the things that are protectable on the copyright law.
Here's the beauty of copyright law,
65 bucks for registration.
That is dirt cheap.
Seriously, like if you're concerned
that you have a website
and people are copying your website,
65 bucks, you can stop that.
Nobody knows this stuff.
So we're gonna make sure you guys
are trained up in that area.
So until tomorrow, I will see you later.
I'm out of here.
See you later.
I'm out.
Peace.
Larissa, I'm gonna leave you here.
We'll do a recap in like five minutes.
Absolutely.
All right.
Love you guys.
Bless you.
Have a good night.