Morgan got in. Good. Sean's here. Good.
Josiah's here. Good. Keith. All right. I see the main people I know who have questions.
That's good. All right. Awesome. And other people will jump in as we're moving along.
Okay. All right. So tonight we're going to do something that's very different.
We're going to follow a trademark application live. This process is just as a disclaimer.
First of all. What I'm showing you is for your own education purposes.
It's not for you to go find your own applications. You guys can do whatever you want.
You're all grownups. But the reason why I'm showing you this is so that you'll know everything that your attorney is going to do.
Everything that their paralegal is going to do. What that does is it allows you to put everything together beforehand.
It allows you to get all the materials together. And if you give them a complete package, I guarantee your cost is going to be less.
I guarantee. I mean, you know, you paid 195 to be in VIP. Right. And you're getting five hours of training, additional training.
And I bill at 600 an hour. So you're going to at least three thousand dollars of value there. Right.
And I'll say for the challenge itself is 95. So it's like another 3000 there. So, yeah, at least six thousand dollars of value.
I can tell you that if you get the materials together that I'm going to teach you how to get now.
You're going to save way more than that on a single trademark application. OK, so you'll make more than your money back.
It's just just by doing what I'm going to show you now. OK, I'm going to show you all the different parts of a trademark application.
And. I think would be really, really helpful for you guys is.
You know, there's something that we've never done, Larissa. And for this for this group, I want to do something a little different.
I'd like to give them a list of all the parts of a trademark application.
So I want to create a form that literally is all the parts of a trademark application.
So can you shoot me a DM on that? I just want to be able to.
I want to put that together and send it out to everybody. I just think it'll be really helpful.
OK. Awesome. Now I can see everybody here. Perfect.
All right. Let me take one or two questions before we jump in, because I'm going to jump into doing the application.
That's going to take probably about a half hour to 40 minutes to do the application together because you're going to have a lot of questions.
I guarantee you're going to have a lot of questions. OK, let me take one or two questions now. Is that Judy?
Judy, how are you? Good to see you.
Let's see. Does anybody have a question before we jump in?
Eileen. Eileen. Awesome. All right, Eileen, go right ahead.
Eileen's like all the way over there. You have to unmute. You're like over there.
Yeah, it helps when I unmute. Yes. Sorry. OK, so I have a business that I've been running for almost 10 years and I have tons of content,
like like hundreds of hours of content, like video content, written content.
I do consulting and I also have two different online options for people.
One is like a private membership. Another one is kind of like an I call it an academy where they can learn more.
And I teach people literally how to resolve pain with movement and a lot of other things.
So. And I sign up how? I haven't really.
That was perfect. Yeah. So and I'm trying not to say any names, but both of my content websites,
the one that's the private membership and the one that's the academy, the title is three words.
Because it's what I want them to achieve. And so and the one it's the three words is my LLC, which I established back in 2011, I think.
So. It's three words, how do I search three words, because you're saying they're descriptive.
Well, I'm not saying I don't know your situation. I don't know.
your situation is descriptive or not, right? But let's say that there actually is a company that's
called Work Play, what is the name of it? Work Something Play. It's in New Hampshire
and it's grown very big and they actually own that trademark, right? Because it's not really,
it's not technically descriptive of the company or what they do. It's what's called
a suggestive mark, all right? So let me teach all of you about suggestive marks, okay? Probably
the most powerful of all trademarks that you can own is the suggestive mark, all right? What it
does is when you hear the word, it suggests what you want, right? It's something that's desirable,
but it's not descriptive of what you're teaching, right? So like if I have a company called Elite
Athlete, right? Elite Athlete, or like my company, like Jill said to me one day, Jill Albers,
who's our PR extraordinaire, she says to me one day, what in the world does ADE challenges mean?
Literally, she asked me that. What in the world is ADE challenges? I have no idea what that is.
And I said, it's funny you should ask that because I never really use it. I use the Protect Your
Idea Challenge. I use the Protection Portal. I use a few other things, but I don't really use ADE
challenges much. It's the name of the business. And even Pedro Odeo said to me, Pete, we need
the brand. We need an overall brand for you because you need a big name. Like I'm 100X.
Who are you? Everything else falls under that. And it's kind of funny as being the 25-year
trademark veteran, having somebody in marketing saying, you need a brand. It was kind of
hilarious when you did that. And I said, yep, that's why everyone needs a mentor. And so,
but in any case, average to elite challenges, that's my brand. That's the name of the company,
average to elite, right? Now, that's not descriptive of the company, but it most
certainly is suggestive. Like if you come into my program being average, you're coming out elite.
So it's average to elite. Now, again, it's not descriptive of the program. It is suggestive of
what's going to happen to you if you do my program. Do you see the difference?
So both of my titles would be considered suggestive based on what you're saying.
Yes. And that's kind of what I felt in the spirit as you were talking. Literally, I felt like,
actually, no, it's not descriptive. What you're talking about is likely more suggestive.
And so you have to be able to figure out, is what I'm doing, is the name that I'm using really
suggestive or is it really descriptive? You got to figure that out. That part there, right?
Suggestive, most powerful trademarks in the world are suggestive. Most powerful in the world. Why?
Because when you hear that name, you want to be it. But you hear that name, you're like, man,
that's who I want to be. That's why I want to be involved with that. Right?
That's why I chose those names because it's what people want.
That's why it's so powerful. That's why suggestive trademarks, if you come out with a suggestive
trademark, never let go of it. If you can maintain it for a long period of time, very powerful.
So in your situation, if there are three words and it's suggestive, awesome. That's fantastic.
The question is, how do you search it now? How do I do a trademark search for three words?
That's the tricky part, right? So what I would do is typically in any trademark, and this is
not legal advice, all right? I'm just saying, if I were doing something, this is what I would do.
They're cheers. So this is what I would do. If I had a company name that was three words,
put together. And one of those words was kind of like a typical, like a normal word, like let's say
AB corporation. I'm not going to search for corporation because corporation is a generic
term, right? I don't tend to search for the generic word. I tend to search for the other
components of the trademark typically. Now you may not understand what I mean by
generic. I mean like incorporated, corporation, association, administration, corp, business.
You know, those things are not really things I would search because I can't claim ownership to those words anyway.
Right.
You know, because those are generic terms that everybody can use. So I can't really do jack or Jill about that. So I'm just gonna leave that alone. Right.
So with that, what I'll do instead is I'll search the other words that are in there.
But I'll first search them together. I'll search it because who knows, I might do a quick search and put quotes around the terms.
When I put quotes around and I do a search and I see that exact term, I go, oh, man, that's super dead.
But that's not just dead. That's like dead, dead, dead and dead. And so I can't even come close to that.
Well, I did. I did search the three words when you had us do it and nothing came up.
That's good.
Came up with one of the words, but nothing even two of them.
So, yeah. Well, all right. So that that begs the question of what's next. Right.
So what's next is now you search for maybe two of the words together. Right.
And if you search for two of the words together, it looks clear. Then what I would do next is I would search for each word individually.
Right. But but remember, as I'm searching, I'm also looking for what exactly is the international class associated with this.
So I'm not just searching for, you know, Nike or I'm not just searching for like Adidas or I'm not searching just for just do it.
I'm searching for just do it associated with the class for sneakers. Right.
Like I'm not just doing this broad, vast, massive search to see everything that exists.
OK, that's how I start. I start big and then I go narrow. That's how I do it.
I start like so I'd say let me rephrase that because my word big means all three words to you.
Big means broader. So let me let me rephrase it. OK, I would start with the entire phrase together first.
That's what I would do first. The three words together. That to me is like the big word.
That's what I mean by big. But I would search the three words together first. It looks clear. Great.
Now I search for two of the words together. I look to see if those two words are available.
The two words are available. Great. Now I'm searching for individual words in international classes associated with my goods to get an idea of what's similar out there.
So now as I'm doing a search like I'm not. I search for just do it.
And oh, there's nothing out there. I search for just do. And then I search for do it.
Then I search for just it. Right. I just do different sequences.
And now I see that's clear. I'm going to search for just I'm going to search for do and I'm going to search for it.
Now, somebody might say, well, that's kind of overkill. Yes, it is.
And so is litigation. Trademark litigation will cost you a quarter of a million dollars, half a million dollars, three quarters of a million dollars.
It's the difference between having a good Friday dinner and shutting your company down.
So somebody had just one of the words. But it was with other words that weren't mine.
And that would be clear. So let's dig into that. Let's dig into that situation. Right.
And this is for everybody who's listening, because this is pertinent to everyone. OK.
So if you're searching for all you're searching for one of the words.
Now I'm searching for that one word search associated with the goods. Now, if I'm searching for the word just.
That's kind of crazy because the word you can't own the word just like that's just the word just or did the word do.
It's kind of hard to own those words alone. Right.
So when you do a search, you're going to see like a hundred other registrations that have the word just one is like just eat or just ran or just swim or just whatever it is.
So nobody. Chances are very high. Nobody owns the word just all alone.
But I'm going to do the search anyway, just to find out the reason why is because if I do search for one of the three words and I see that one word is fairly registered.
Then if I use that one word with another word, I can run into a trademark infringement issue.
Right. So you want to look at each of the terms one by word one by one. But if if in looking at them one by one, you're seeing, man, you know, the word is to T.O.
Really like that. That's so broad, so generic. Nobody's going to own T.O. alone.
Right. So you've got to use some level of reasoning. And this is why a good lawyer is important, because a lawyer will know how deep to do a search.
A lawyer is not going to look for the word to for sneakers like those. They're just going to say that's a waste of time. Right.
Because they have a lot of experience in the air. So in your situation, what I would do.
Well, in a in a.
theoretical situation, what I would theoretically do
is search all the terms and then break it down
to maybe two of the words in different sequences
and then search each term individually.
That make sense?
Yeah, I think Alicia got it right
because Alicia is doing like the Snoopy dance over there.
She's like doing the Snoopy dance like right now,
like I'm hearing Charlie Brown music
in the background, you know?
So with the international class,
because you keep talking about like goods
that people are like putting logos on and stuff.
What if it's a service?
It's teaching, training.
Well, services are in international classes too.
Okay.
They all have...
So tonight I'm gonna drop a link
for everybody to use in Facebook
and it's gonna show you all the international classes
like one by one.
As a matter of fact, is Ray here?
Ray, are you here?
Yes.
All right.
I have the link, I believe on that sheet
that we created of all the international classes.
Do you see it there?
Did you add it to it?
I believe I added it there.
If not, I'll just, I'll drop it in Facebook later
but if it's on that sheet, drop it in the chat.
Drop it like it's hot, drop it in chat.
So there you go.
I couldn't resist.
It was just too easy.
So, all right, let me take one more question.
Then we've got-
I'm muting my way all the way through that.
What?
I said, I'm muting my way all the way through that.
Okay.
Well, if you see it there, then just drop it.
If you don't see it, then obviously, I'll add it later.
All right.
Let me take one more question
and then I'll take another question
after we do this entire thing.
So Morgan, go right ahead.
Peter, just real quick.
Earlier in the first session,
you were talking about descriptions,
I guess, words, whatever.
And I had to leave.
So I didn't understand what you meant by description.
I kind of get it now piecing it together
as you're talking through with other questions.
So can you just make sure I understand clearly
what you mean by descriptive?
Descriptive?
Absolutely, yeah.
So if to describe the goods
that are using a specific trademark,
it requires the words that you want to own,
then that's called descriptive.
All right.
So as an example, I have black shoes on, right?
So if I want to own it,
I want to create a shoe company
and I want a shoe line called black shoes.
And guess what?
Those shoes are the color black.
Okay.
I can't own that because if I own that,
then what would happen?
Nobody else could use the name black shoes ever,
like ever for shoes,
which is not because it's merely descriptive,
I can't own it.
All right.
So I'm going to jump into a trademark application.
Then Sean's going to go first on the question
right after I'm done with that.
Okay.
All right.
Let me do this.
Apple Orchard Farm black shoes.
What?
Well, actually Jackie raises,
I don't know if you meant to be brilliant or not,
but here's, she's shaking her head.
No, I didn't.
All right.
Check this out.
I actually use this,
or I would use this.
It wouldn't be nice if I did it,
but on a final exam in a test
on intellectual property law, right?
You can actually combine descriptive terms
and make them no longer descriptive
by combining them a certain way.
It's a very interesting technique that people can use.
So as an example,
and you can just use it on a different type of good,
like Apple.
Apple obviously is descriptive of produce, right?
But it's most certainly not descriptive of computers.
It's most certainly not descriptive of cell phones, right?
So for that reason, you can have an Apple phone,
you could have an Apple computer,
you could have all these different things that are Apple,
but it's because you're using it
on a different type of good,
even though it's descriptive of a different, another good.
So I don't wanna get things too confusing here,
but basically you can take a term that is descriptive
and make it not descriptive
if you use it on the right good.
All right.
Let me go into,
shh, shh, shh, shh, shh, shh, shh.
All right, I am going to the USPTO website.
You guys should become very familiar
with the USPTO website.
It's free.
It's fun.
If you have nothing else to do in your life,
you can play with it.
But let me show you how to do
an actual trademark application.
All right, now,
I'm gonna share my screen
and God permitting, nothing freezes.
That was kind of crazy.
Ray, we had three times that it froze.
That's never happened before.
That was crazy.
Oh, don't freeze.
Don't you freeze on me.
Oh, it froze.
All right, let me just start it again real quick.
Come on.
Thank you.
All right, one more minute.
Okay, all right.
Let's see if we can get this to work now.
Share the screen.
Okay, can everybody see the screen now?
How about now?
Got it, all right.
That's the USPTO website.
Okay, so what we are going to do now,
come on.
There we go.
It's twice.
Lord, I asked you to fix the means of communication,
whatever's going on in Jesus' name, fix this.
Enough of this.
Let me close a few things here.
One, two, three, four.
All right, can you guys see the screen now?
The USPTO website?
Well, that's kind of a miracle
because the whole thing was shutting down
and then it just turned back on.
That's pretty cool.
All right, so right here on the top,
go away.
Let me move this here.
Go away.
There we go.
You see this little button that says My USPTO?
If you click on that,
you'll be able to log in with your own account.
Now, each of you,
if you ever try to file your own trademark application,
you have to have your own account, okay?
Obviously, I have my own account.
Continue, continue.
I am not a robot,
even though it keeps asking me if I'm a robot.
It keeps asking me if I'm a robot.
As far as I know, I'm not a robot.
Next.
Oh my gosh.
So technically, the helmet is not part of the motorcycle,
but I'll push it anyway.
Verify.
Okay, sign in.
Okay, once you register
with the United States Patent Trademark Office,
this is what you're gonna see
when you click on My USPTO, okay?
This is the screen you're gonna see, okay?
Larissa, can you hear me okay?
I'm gonna keep checking in with you.
Yes, sir.
All right, so if I just ask,
it's because my entire screen right now is all USPTO.
So I just wanna make sure you guys
don't get any interruptions here.
All right, right here on the top,
Trademark Form Finder, File an Application.
That's where you'll be clicking.
File an Application, File a Teeth Application.
Once you file that, it's gonna ask you for verification.
So I'm gonna stop sharing for a second
because this is going into my law firm right now.
So let me get my verification.
It's gonna send you an authentication code.
Once you get your authentication code and put it in,
it does a lot of security that the USPTO uses
to make sure that it's actually you that's filing.
Cause there's been a lot of corrupt stuff
that's been going on, unfortunately, as of late.
So let's see, there's my code.
Yes.
Take one more minute.
Waiting for the USPTO.
Cue the Jeopardy music.
What was that?
Cue the Jeopardy music.
It must be busy right now.
It's got to be busy right now.
Well, you just told everybody to go search, and so our challengers are blowing it up.
I'm pretty sure that's what it is, yeah.
They're not logging in, though, so.
Everybody's searching right now.
Let's see.
Okay, here we go.
Was Zoom crashing for everybody?
What was that?
Was Zoom crashing for everybody?
Is it crashing?
Yeah.
Did anybody else just have any tech issues?
No.
It crashed for me.
Yeah, it was crashing for me, too.
It was kicking me out, and I couldn't get back in.
It's kind of weird.
We usually don't have any issues at all, like ever.
It's kind of weird.
You see Josiah's comment?
No, what did he say?
Zoom is fine, but PTO site is slow.
Yeah, that's the problem.
That's what I'm having.
It's, like, really slow.
You got to tell Tess to hurry up.
It's the government.
They're like, oh, you're showing them how to do something for free?
No, don't do that.
All right, here we go.
We're up and running.
Thank goodness.
Okay, here we go.
All right.
Share screen again.
We're up and running.
Yay.
Share.
Okay.
Let me give it a second, make sure everything's uploaded, everybody can see it.
Can everybody see that?
Yes.
All right, awesome.
Okay.
Oh, look at that.
And it's telling me, all right, Lord, just fix this.
All right.
I'm just going to move.
Wow.
There must be some important people here.
Let's see.
Okay.
Share.
Now we should be able to see it.
Can everybody see the USPTO website now?
See it now?
Okay, great.
All right, so hopefully we don't run into any more problems.
Okay.
So there are a number of different things that you can do on this site.
Oh, come on.
What is going on?
We can still see it.
Yeah, but it's crashing.
It keeps crashing.
Oh, interesting.
Send to Zoom.
All right.
Can you still see?
Yes.
Okay, good.
Let's try to get through this.
Yeah, I can see your cursor moving.
It's starting to move.
Okay, good.
God permit me to keep working.
All right.
Right off the bat, with the trademark application online, you have two choices.
You can file a TEAS Plus application, or you can file a standard application.
What's the difference?
Let me explain the difference between the two.
The TEAS Plus application is where you are going to use the description of goods
or services as provided by the United States Patent and Trademark Office.
Okay?
What do I mean by that?
If you select, as an example, let's say that you're doing sneakers, right?
So you're filing for sneakers for Nike.
Using the USPTO site, you can actually select to type in the word sneakers,
and then the USPTO will tell you what the international class is,
and it will tell you the specific words to use.
Okay?
I'm going to actually use this.
I'm going to do an example with this for you because it's cheaper.
It costs $100 less.
So basically, you're typing in a word to say what you want to protect,
and after you type in the word,
the United States Patent and Trademark Office is going to tell you what
international class it is,
and it's going to tell you what specific words to type in for you.
But the reason why it's less expensive is because the examiner doesn't have
to modify your description of goods or services because you're using the
USPTO's own words.
Okay?
So basically, what I'm saying is TEAS Plus is where you are saying,
I'm okay with using the words used by the Patent and Trademark Office.
And so you type in the word that is related to what you're doing,
then the USPTO tells you the class, tells you the words to type in,
you click a button, and that's it.
All right?
It costs less money.
If you have the ability to do that, do that. It costs you less money. Why not save 100 bucks?
All right. If what you do really doesn't fall cleanly into an international class,
like into one of the descriptions by the United States Patent and Trademark Office,
then you can type in your own words. And that would be the standard option here.
You would click on standard instead. And then you can type in your own words. All right.
We're going to do the first one. I'm going to do a sample of the first one. The second one's easy.
You just type in your words. The first one's more complicated. So I'm going to do the first
one for you. OK. All right. So it's an attorney filing this application. Ironically, even though
I'm a lawyer, if I file an application for myself, I can't say that I'm a lawyer because
then it asks for the email and phone number for your lawyer. And if you're your own lawyer,
the system crashes. So you have to say that you're not a lawyer if you are a lawyer.
It's so funny. The Patent and Trademark Office hasn't figured out how to deal with that yet. So
whatever. And you don't have to worry about number three. So again, you're selecting Ts plus
is attorney filing this? No. And you don't have to worry about this last part. And you click
continue. Now you get to the next screen. All right. Now we start talking about the
fields that we have to enter. These are the fields. So everybody understands
these are the things that your lawyer is going to ask you for.
All the stuff that we're going to go through now, they're going to ask you
who is going to own the trademark. Let's talk about ownership for a second. OK.
I'm not going to I'm not going to stop sharing because I don't want Zoom to
be feisty again. So I'm going to keep the share on while I'm talking. All right.
Who should own the trademark? If you have it in your own name and there is a situation where
there's a potential of trademark infringement, you run the risk of being sued yourself.
OK, because somebody looks and they see, oh, Sonia, Sonia has that name. Oh, and Sonia is
using something very similar to me. Aha. Let me sue Sonia. Right. Which is not going to happen.
We cancel that. That is not going to happen. But separate from that, let's say instead,
Sonia says, you know what, I've got ABC Corporation. So I'm going to file a trademark
application for this word and I'm going to sign. I'm either going to sign or write title
and interest to the company or I'm going to license it to the company and make revenue.
I'm going to have my own company pay me for use of my trademarks. All right. You can do that,
too. You can make money from your own company by licensing your own IP to your own company.
There's some really creative, cool stuff that you can do with IP. All right. So in this case,
let's say you assign all the assets to the company. Sonia says, you know what,
I'm going to sign everything to ABC Corporation. Cool. So then what you do here on the owner of
the mark is you write down ABC Corporation. Right. Why would you do that? Somebody somebody
unmute and tell me why you would want the name why you would want your trademark in the name
of your company and not in your name. So they can't see you personally and take your home.
That's one. Tell me another one. What's a benefit that you get if you own a company
and you spend money on corporate things? This is how you get a write off. Right.
Now, if you if you file for a trademark application in your own name, you don't get a
write off. If you file for it in the name of your company, you get a write off. Pretty clever.
You can actually form an LLC and do a lot of your IP work in the name of the LLC and get write offs
on it. This is not tax advice. I don't have something to drink for tax advice. I only have
water. Right. But this is not tax advice, but people are drinking anyway. But the situation is
that I have a to e challenges, which is an LLC. I have this IP law group, which is an LLC.
And then I have Peter Nevis, which is myself. Right. So all of those things for tax purposes,
they're all looking at me, but I get write offs of this. I get write offs of that.
Right. And then I'm only holding certain income. So it's just it's a clever way to kind of work
the system. So I would look into that. So let's assume that the owner, for all purposes here, is
like, let's say it's a actually I have my trusty little keyboard here. ABC Corp Corporation. ABC
Corporation. Right. That's the owner of the mark. So now.
A DBA is like, are you doing business as another name, right?
So let's say you're doing business under the name,
Git-er-dun, Git-er-dun, there you go, Git-er-dun.
That's what you're doing business as, Git-er-dun, okay?
All right, so now it's a corporation.
When you click on corporation, look at what happens.
Now it asks you for the state of incorporation.
Or if you're in another country,
who are my friends who are in other countries?
There you go, Sonia's in another country,
we've got a few others, right?
So Sonia, where are you located?
Is it Australia, UK, Germany?
Germany?
Okay, Germany.
All right, so let's say it was Germany.
So then down here, you say non-US company,
and you go all the way down,
and you go to Germany, right there.
So Peter, can it be that you put your name
and then you're doing business as the name of your company?
And that way you somehow get a little of both or not?
No, no, no, you can't do that.
Good question though, but no, you can't.
So then you select Germany here,
and obviously there's no US corporation there,
but let's instead assume that it's a US company,
then you select your state of incorporation.
And so let's say it's, let's go to California.
Why not?
Their taxes are so high, let's put California, right?
So would not do that, bad idea, bad idea.
But anyways, let's say that's where you are, right?
Okay, so it's a corporation.
Now, if you're an LLC, you select LLC instead, right?
And it's the same thing,
you end up having to put the information for the LLC.
What's the state of incorporation?
So let's say it's, we're not in Kansas anymore,
but we're going to select Kansas anyway.
All right, now you've got to come up
with a mailing address, right?
So what's the address?
So it's 123, what is it,
123 Can't See Me Drive, right?
That's the name of it, 123 Can't See Me Drive.
And the city is, I don't know,
Yorkshire, Yonkshire, this is getting worse,
Yonkshire, Kansas, all right?
So 123 Can't See Me Drive in Yonkshire, Kansas.
All right, and then you put in your zip code.
So 12345, that's your zip code, okay?
All right, you're not going to have to worry
about this part here unless you're in foreign countries.
Domicile address, if you are, you can ping me,
we can talk a little more about this.
You put your phone number in there.
Now, just to be clear,
whatever phone number you list here
now becomes public domain.
Why am I telling you that?
You go and list your phone number here,
you may end up getting random phone calls, okay?
Now, one of the reasons why you might want
to list your phone number is because,
you know, if somebody, if the examiner wants to call you
during the examination,
you might want to list your phone number.
It's the easiest way to communicate.
So for that reason, I would list your phone number,
but if you have a number that you don't care as much about,
I would list that as opposed to your personal cell.
All right, then you put your email address,
whatever your email address is.
Let's see, I'm learning something.
At gmail.com, all right?
I'm learning something at gmail.com.
That's your email address.
All right, and then you can put your website address
if you want, then you click continue.
Now, I feel like we missed something.
Let me double check.
Owner, nope, we got the owner.
We got the state of incorporation.
We got the internal address, the city, the state,
the country, the zip, phone number, email address.
Okay, let's see.
Oh, it went through, okay.
All right, so all we've put in so far
is our personal information.
Do you realize that people will spend a half hour
to an hour just understanding the stuff
we just talked about?
Now, imagine that you're talking to a lawyer
doing that, who's billing you at five, $600 an hour,
just to get that information together.
Guys, you should have all this done.
I'm going to give you, since you're in VIP,
I'm going to give you a cheat sheet.
It's a form that I hand out to anybody
who hires me to do a trademark application.
I'm going to give it to you,
whether or not you hire me or whatever, I don't.
here, right?
It's just for you to use.
You can fill out this sheet and give it to your lawyer
right off the bat and say,
here, here's all my information, boom.
And now they should be able to pick up that thing
and file an application for you way less expensive
than it normally should cost, okay?
So I'm gonna give you that.
Ray, please like DM me.
It's the sheet that I send to people that do the audit,
okay?
I'm already looking for it to drop it in the chat.
Cool, yeah, we'll give that to the people in VIP.
All right, so now you come down here and you select,
is it a wordmark?
If it's a wordmark, it's standard characters.
If instead it's a logo, you would select design, okay?
So a logo would be design and if it's just a wordmark,
it's gonna be standard characters, okay?
All right, so now since I've selected standard characters,
I now gotta come over here and enter the trademark.
Somebody give me a trademark.
Don't give me your trademark, okay?
Just give me a trademark that we can file for right now.
A name, doesn't, just make it up.
Doesn't matter.
Do, do, do, do, do, do, do.
Any name, anything, anything?
Bueller, Bueller.
Can you see the chat?
We've got Bizips Babes, we've got Acenolite.
Oh, I like that.
Was it, what was it?
B-I-Z.
Bizips, oh my gosh, Bizips Babes, I like that.
That's good.
B-I, man, that's good.
B-I-Z, Bizips Babes.
That's pretty good, I like that one.
Okay, we're gonna go with Bizips.
I'm thinking of these women like with big biceps right now.
I'm getting intimidated.
Bizips Babes, that's good.
All right.
Okay, let's go down now.
We don't need additional statements,
we're just gonna continue, okay.
All right, we're going from Bizips Babes.
So now since Sonia was so awesome in giving us that name,
we are now going to select the goods and services
that we are going to use that name for.
So with that being the case,
let me see if I can shrink this thing down a little bit
so it's not in my way.
Good, now it's not in my way, good.
All right, so now what we have to do
is we have to add the goods and services.
So we're gonna use Bizips Babes for something.
So somebody type in the chat, not Sonia,
what goods or services can be covered by Bizips Babes?
Okay, so what are the goods and services
that we're gonna use that name for?
So I'm just gonna click on add goods and services.
There we go.
So somebody type in, in the chat,
a product that can be protected, a workout routine.
Oh, that's not bad.
Yeah, that's a good one, Ron.
A workout routine for Bizips Babes.
Boxing gloves, I like that one too, that's good.
Boxing gloves are good.
Actually, I'm curious.
I have never searched for boxing gloves.
Let me look.
So all you do is you search in here, boxing gloves.
I have no idea what international class that is.
So let's type boxing gloves and click go.
And look what happens.
You see how simple this is, guys?
This is not that difficult.
The difficulty comes in determining what exactly
are the goods and services you're gonna use it for,
but it's not that difficult.
Ray just dropped in the chat the trademark application form.
This is something that I personally created
and you can use this for yourself
or use it with other lawyers.
I don't care.
This is a gift for you
because you guys spent the time to jump into VIP.
So I know you guys are really digging in.
All right, so boxing gloves.
Now this is really difficult, guys.
Make sure, is everybody paying attention?
Okay, good.
Make sure, because what I'm about to do
is really, really difficult.
So make sure you're focusing.
Everybody wake up, okay?
Because what you have to do now,
you have to move your cursor all the way to the box.
Push it.
Okay, did you get that?
Yeah, hold on, let me do it again.
Make sure everybody's got it.
Move the cursor all the way to the box and push it.
That's it.
Then you just do insert, check the entry.
Done.
I mean, was that difficult?
Was that, does anybody want me to do that again?
I could do it slower.
No, we all got that?
all right good so that's it that's that's all you have to do to select things now now after you
selected your goods you now have to identify what i told you on day one which is is this an
intent to use application or is it an actual use application right am i using it yet yes or no
okay so how many people want this to be an actual use application just by a show of hands
raise your hand just so i know okay um not a lot how many people wanted to be intent to use
all right we got way more people want intent to use and anna marie's like i don't care can we
just move the cursor to the button and push it again that was so much fun uh so let's go back
so let's move down uh and all we're gonna do is we're gonna select
section 1b that's it okay because it's an intent to use application so that's all you're going to
do really easy you're just going to select that right there 1b boom it's going to bring you to
this other screen all right now this is where you're like signing all sorts of documents and
signing a declaration and swearing all sorts of stuff so you may want to read it for the first
time but basically what it's saying is it's saying you understand that what you're filing
is an application that is not being used yet but you intend to use it that's basically all it says
and you understand that at some point when your case gets allowed you're going to have to file a
petition to change it into an actual use application the stuff that we talked about yesterday
so you file intent to use application it gets examined you get an allowance you now have to
file a petition to turn into an actual use application it now goes to registration got it
that that's all this thing is saying it's saying you understand this i understand
that blah blah blah blah everything peter said yes you click the box you come down here
and you click assign filing basis boom done now let me let me just stop there for a second
just for a minute because is does anybody have a question about what i've done
so far is anything confusing about what i've done so far if yes like move your hand because
i see some of you have got your your virtual hand up from earlier so just like move your hand
shake your hand back and forth shake it like you just don't care
and that no everybody's got it looks like everybody doesn't understand oh jackie you
got a question yeah go for it what's your question my friend can you just go back one
can you i can hear you now yeah sorry can you just go back
one absolutely forward again you want to go back one yep yes please
pal go back you want to see me push that button again don't you that was fun no my my computer
froze a little bit so i'm just like oh it's frozen okay hold on can you see the biz apps
babe okay so i'm going to continue from here
yeah
now i'm going to select my filing basis what i'm going to do here actually you know what i'm going
to do i'm going to i'm going to start it over i'm going to check it i'm going to start it over just
so that we can make sure you got it okay yeah so i'm going to collect on i'm going to click on this
let's say i made a mistake i click on this i just come over here and i go remove goods you want to
remove it yep bye-bye gone okay so all i do now is i go down and i click on add goods
and then i just go into the search bar right here can everybody see the screen okay
yes sir okay then you just go right down to boxing gloves and click go go for the biz apps babes
and then you just select the box right here click on that box right there hey peter can you freeze
for a second absolutely ron asked when they're right here kind of like this when there are
multiple options for the same thing and some are more descriptive than others which do you choose
excellent question excellent question ron he always has good questions all right so
it's up to you all right this um so this this is not legal advice
but i will tell you something i like to have things broader
why do i like to have things broader um if i make things something so so narrow like
boxing gloves that are red, that have, you know, a split between, that have like a thumb
portion and then two fingers and then two fingers, that are eight pound gloves, that are red,
that are plastic, I mean, you know, that have a wrap and an expansion slot. If you do all that,
as opposed to just saying boxing gloves, then you're making it so incredibly narrow
that there's a higher chance that somebody else could use a name for something that
arguably is similar. But since you made your recitation of goods so narrow, it made it so
that they can argue that it's not the same. So for that reason, I tend to personally file
for like boxing gloves. Now, if the examiner comes back and says, well, that's too broad,
then I might have to go in and add some more stuff, you know, but in general,
I'd rather just write boxing gloves. Now, something to keep in mind,
if you do a category like shoes, look at what happens with shoes. This is, this is crazy.
You do, oh, I got to take this off first, turn that off.
You could just do gloves and probably end up with multiple.
Look at this, look at everything that comes, there's 225 entries for shoes.
Okay. So there's a lot of different shoes, lots of types of shoes. So what I would do in these
kinds of situations is I'd select shoes and then I'd say, okay, well, what type of shoes am I using
here? Let's see. Do, do, do, do, do, do, do. Volleyball shoes are included. I love volleyball.
And then they're also called athletic shoes, sports shoes, I guess, technically.
And you keep, you know, basketball shoes. Yep. Not football. Cause that would be cleats.
Likely. So you, you'll look down and you try to find, you know, now here's a good question.
What's the difference between foot volleyball shoes and normal volleyball shoes, right? Well,
I remember when I played a lot of volleyball, we had, they actually were shoes that actually had
each toe was individualized in the shoe, which was actually pretty cool. But so there's, there's
all these different categories. So I would select everything that I'm actually using.
And then let's just stop. I'm going to stop there. Anything else I want to grab? No,
let me just stop there. So I stopped there and then I go insert checked entries.
Boom. Now I've got them all. Okay. Why did I, why did I go this route for the biz at babes?
Right? Why did I go this route? The reason why is because sometimes, remember how I told you,
sometimes you're using the trademark on goods and on some things, but you're not using it on others.
This is a good example of where now I am using it on shoes. Yes. I haven't used it on foot
volleyball shoes yet. And I haven't used it on viable shoes yet, but I've used it on the others.
So for those there, I'm going to select section one, a, and then after I select, well, I'll show
you an example. I select section one. Now that I select section one, a I'm going to have to provide
a specimen, an example of use of the, of the, of the name on the goods. It could be a picture
of the goods. It could be a picture of the packaging. There's different things that can
be used as a specimen. So I'm going to have to attach a specimen going to have to describe the
specimen. Like this is a box. Let's say the, the trademark is Nike swoosh. It could be the picture
of the box with the swoosh on it. And then my description would say picture of packaging,
having trademark there on something like that. And now I come down here. I give the data first use
anywhere. Like it could be even internally. When did I start using a swoosh? I put that date in.
And then the first date of use in commerce is the second date that I put in. And then I have,
I just assigned a filing basis and that's it. Now, let me see if I can add a picture,
add or remove specimen. Let's see if this works. Choose a file. Pictures.
Here we go. I love this picture. Open. Attach. Okay, cool. It worked. All right. So now it's in
there. Return to the form. Now description of specimen. I'll just say a packaging for products
has
thing.
Trademark.
There are.
done come down here, I put in a data first use anywhere let's say 0101 2021.
Oh, I have to put in my lashes.
Okay, then I come down over here data first use might be 01.
slash 21 slash 2021 all right, let me explain what this is data first use anywhere, it could be even internally anywhere that you've ever used it right.
And then data first use to the market commerce is like when I started using it across the lines are using it within you know within my state.
In interstate commerce right so if i'm using it if i'm selling from New Hampshire to California that's used in interstate commerce if i'm using it only within my state.
Well, then I should be following the state application, not a federal application because that's not used in interstate commerce, but this would be the date that I actually started using an interstate commerce, then I just come over here and I select assign filing basis watch what happens.
let's see if it works, you know boom look over here see here one a one a one a one a because I selected one a for all of these, so now I come over here and I select the other ones, this one, and this one, these are all intent to use applications, so I select one be.
And there's that box again says, are you sure you're doing this, you wanted to do one be I said yes.
To click assign filing basis and watch what happens boom.
Now I have some things are actually being used some things are intentionally going to be used.
And that's it, and then I just click continue.
Now I get to put in things like my docket number, if you have a docket number so let's say 17223 dash 00101.
You put in your email address, if you have a second one let's see let's use that's my paralegal and that's my law firm so let's use a different one let's see secondary email address.
About.
Leads.
Lead people's people's at.
That challenge.com Okay, so now you click continue.
And here you go, it tells you the cost, since everything fell within one international class you're only paying one fee now if if your application fell into multiple classes.
Then you would pay the same fee for every single class it all adds up Okay, you would you would pay for every single class now you've got to sign the document, you got to sign your declaration to show that you know it is you.
To your knowledge, nobody else is using this you didn't steal it from anybody.
you're not minding put all that together and then you just click validate and that's it, that is the process of filing a trademark application basically pretty much every single part of what's going to be done by your attorneys.
Let me stop the share for a second.
and go to.
Full screen okay um.
Okay um.
Okay, so I just laid out every single part of a trademark application turn the lights back on.
i'm here very late it's like 930 they literally just shut down the building, you can tell that it get dark yeah it's kind of dark in here right now they just shut off the lights here.
But it's not bad.
it's not that bad right.
No that's Okay, I don't mind the dark so so basically the situation is that you now know all the parts of a trademark application.
Like that's everything that's there now there may be situations where you need to like if it's a.
If it's services, you have to describe the services right, so you might say working out providing exercise programs or whatever it is just type in that box what you're doing.
And it will give you all these lists of things and you look to see which one is closest to what you're doing and then you click that box and that description gets thrown.
going into your trademark application.
That's what your lawyers are doing.
That's what your paralegals are doing, okay?
Now, obviously they've been doing it a long time
so they know which classes you really should be in.
They know what are the terms
that how you really should describe it
so that you get the maximum impact
of your trademark application, right?
Because if you just go filing things, here's the thing.
If you forgot something, you can't add it later.
It's not allowed.
Cannot add it.
Anne-Marie, I'm gonna choose you in a second, right?
Because you haven't asked a question yet.
So just keep in mind that they will do it better.
Obviously they'll do it better.
But if you can get all these things together,
your specimen, your international class,
your recitation of goods and services, right?
And you put them on the sheet that I'm gonna give you
and you hand that to your lawyer, oh my gosh.
Your costs should go down.
You shouldn't be spending $1,500
for a trademark application
if you put everything together beforehand.
It doesn't make sense, all right?
So is that helpful?
Did that drill help you guys out?
Yeah?
Awesome, awesome.
Anne-Marie, if you're done choking, please feel free.
Okay, the docket number?
Will we have that?
Oh, we wouldn't have it.
Okay, because I'm like, where are we getting that from?
Yeah, so businesses tend to use
what are called docket numbers.
Like we as a law firm, every client,
like I have a few of my clients
who are actually jumped into this challenge.
Some from major corporations, some are startups, right?
And so, yeah, it is a good question, Jill.
And so every client has a different matter number.
It's called a client,
it's actually called a client number, okay?
So like MIT is 17224, I've done this so long.
DNM is 17998.
Like, I just know these numbers off the top of my head,
right?
Like I got a number from my wife, right?
I'm just kidding.
So everybody has like a different number, right?
Everyone has a number, okay?
And so that's what the docket number is.
It's the client number plus the matter number.
So if there's like, MIT is 17614,
Boston Acoustics is 17224.
Well, so now MIT might be 17614
and this is the first matter.
It might be 00001.
But you have assigned that to them
because they're your client.
I do it, right.
Okay, so it's internal thing, okay.
Yeah, so you as a business, you might say,
you know what, we're gonna file a bunch of trademarks.
I wanna be able to identify which one is which
by the docket number.
And so, you know,
cause let's assume like you're gonna do billing
based on it.
You're gonna do accounting based on it,
everything based on it.
You might want everything based on your docket number.
So you might say, you know, this is number 1001.
And then your next application might be 1002,
then 1003, whatever it is.
You can use that field to put whatever you want in there.
Okay.
So then I saw there was also a place too for a website.
Like if you didn't have an actual product,
but you just had a website,
or you had a landing page with your logo,
you would do that.
So if you didn't wanna do that and you had a logo,
you would just have a picture of your logo?
Is that what you would do and not attach to a product
or does it have to be on a product?
The website spot that's provided on the USPTO site,
that's just for your business.
Like, you know, that's if you wanna list your business,
you can list your business site there.
It's not a substitute for your specimen.
You've got to attach a specimen.
It's a requirement.
You can't just say, well, here's the URL, go find it.
You can't do that.
Okay. So you would just attach a picture of it then?
Yeah. Like if it's a product,
then typically people take a picture of the packaging
for the product or the product with the logo on it.
So like-
But if it's not, if it's coaching services,
there's no physical product.
Then that's not gonna be a product, that's a service.
So services are different, right?
The specimen for a service,
what you typically are doing
is you're providing your marketing material
that shows the service that's being provided.
So let's say it's a website, right?
And let's say the name is whatever, right?
You just keep thinking.
ABC Coaching. Yeah. Whatever.
Yeah. ABC Coaching, right?
So it says on the website, ABC Coaching,
but in your recitation of services,
you mentioned a number of things.
You mentioned, number one was training,
training in the area of heart healing, right?
Number two is training.
in sales and business growth, right?
So your specimen needs to show use of that trademark
for those services.
So if I were taking a picture of a website,
this is not legal advice, but there's...
I'm telling you, I say that a lot.
That's my disclaimer.
And all of you guys who signed up here,
you actually clicked a button saying you understood
this is not legal advice.
So I'm double covered.
All right, so here's the thing.
What you actually do is I would, in that kind of situation,
like when I filed a trademark application
for the Protector Idea Challenge,
I took a picture of my funnel.
And in the funnel, it offered certain services
that were listed in my recitation of services, right?
So if my services are providing sales advice
to entrepreneurs, then my website by all means
should say ABC Corporation.
And underneath it, it should say sales advice 1995,
something like that.
So it shows that I'm marketing my services
that are associated with that trademark, all right?
Your services have...
The big thing is your services,
when you're dealing with services,
your services have to be listed.
You have to show your services are being provided.
You can't say I'm providing financial services,
and then for your specimen, just show your website,
and it says nothing about financial services.
That is not an appropriate specimen,
and you'll get a rejection.
The examiner will reject it,
and now you got to spend money on a lawyer
getting that fixed, okay?
So it's best to make sure you do it right the first time.
Right.
All right, thank you very much.
Absolutely.
Sean, you're up.
We need you to unmute, Sean.
Get on mute.
Sorry.
Okay, so I mentioned it before,
and you said that's an interesting question,
and then to come back to it.
So this umbrella thing that I have,
and I don't know whether to say the name.
No, don't say the name.
Okay, so I just did a trademark.
It's a group of books, and they're called this,
and I'd been using that for a while,
and I did a trademark search,
and I don't see that that name is out there.
Then I started, but somebody does have three books
copyrighted and registered with that same name,
and there's also, I set up a Facebook group,
and I realized there's another Facebook group out there
with that same name.
So it's just a little, like, I don't even know which.
Let's talk about that for a minute,
and I think we need to end in three minutes
because we're really late, guys.
So I know some of you actually want to sleep, so.
And you know what?
They probably locked the building at this point,
so I probably can't even get out,
but since I used to live in Brooklyn,
I know how to get out the windows, so I'm all set.
We'll be fine over here.
So the point being that in your situation,
do a federal, I would do a search first.
You said you did a search.
So if I did a search and I found out it was clear,
then what I'm doing is I'm going to look,
and I'm gonna look at my,
I'm gonna look at the competition to see what they're doing.
Are they using the trademark in interstate commerce?
If they are, then I've got a concern
because they may predate me.
If they predate me,
I might run into a trademark infringement situation.
In a situation like yours, an IP audit is vital.
I'm just, you're talking multiple tiers.
You're talking a main name, books, series, Facebook group.
I guarantee you've got a lot of other stuff.
So IP audits become very important.
You guys are gonna hear about that on Thursday.
Make sure you're there on Thursday.
I guarantee you, you guys are gonna want to be there,
not to mention the special guests and everything,
but just be there.
So in your situation, Sean,
there are multiple levels of things.
If in fact the federal trademark registration is,
or the federal trademark that you're,
or the name that you're going for is clear,
that still doesn't mean that I can use it.
I need to check the people that are actually using the name
and determine whether or not
there's potential trademark infringement.
Is it being used for the same goods?
Is it being used for the same services?
Where is it being used?
Where there's, what is their customer base?
Things like that.
And that's what a good lawyer will look at.
All right.
All right, and with that, we're closing.
It is 944.
I apologize that we went late, but you guys are asking a lot of questions.
I'm trying to help you guys out.
So I'm staying up late for you guys.
I'm still at my law firm.
And when I figure out how to get out of here, I will drive home and eat dinner.
So bless you all, you guys.
Is this helping you guys?
Yes. I'm so glad it is.
I'm going to leave you, Larissa.
You guys can rate how things are going from zero to ten.
And for homework, go out there and
I don't know if you guys did a trademark search yet.
I see some of you already did.
If some of you did not do a trademark search, do a trademark search.
All right. Go online.
Go to the USPTO website.
Do a search, please.
It's not going to help me. It's going to help you.
All right. Get used to it.
And then if you don't understand stuff,
let us know you don't understand how to use the website
and we can talk about it a little more.
OK. Oh, thank you, Morgan. You're awesome.
All right. And all those those bizzap babes
or whatever they were called, Sonia.
That's awesome. This is awesome.
Bless you guys. Have a wonderful night.
I'm going to leave you, Larissa, to close up.
And then, Larissa, we'll jump on in like three minutes
and just close real quick.
OK, I dropped you a note.
All right. I'm going to jump off.
Thank you, Peter. Thank you so much.
Thank you, Peter. Appreciate it.
Oh, it's my honor. My honor.
I'll see you guys.