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I didn't realize that there was, you know, the state registration. I've done that.

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And then you got the state trademark registration, and then the federal registration,

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and that there were all these different levels, and how important it is to make sure that you are

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protecting your idea at all of the different levels.

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And just not to mess around with staying small.

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It's like, just go right for the federal level.

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Everything is online. It's not like you're not going to be doing business across the whole country.

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And, of course, we have a lot of Canadians here, and a lot of that goes across the country lines as well.

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So that was super helpful.

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I think, for me, it's the strategic planning. How long is it really going to take for you?

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You can put your application in, but how long will it take you to actually get it approved?

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And if you make a mess up, you know, the setback in time and lost opportunity and money,

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that really could cost you.

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I have learned so much about how to protect myself, and I am just, you know, just on cloud nine.

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So thank you.

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It's psyching, knowing pretty much nothing.

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I don't even know what's the difference between a trademark and a copyright.

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And then last night, I was able to actually walk somebody through the USPTO website and go,

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here's what you would need if you wanted to trademark what you're trying to trademark,

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and here's how you would do your recitation of goods and services.

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Like, I was able to walk her through the thing. It was cool.

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We were, like, looking up the classes and, like, the international classes for her stuff, and it was really cool.

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I was like, I actually learned something this week.

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One of the things I appreciated the most I took, like, pages of notes on

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is just the wisdom that he gave, the advice that he gave, that you can just tell he knows, and he's a pro.

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But it goes beyond just his knowledge of the type of job that he does,

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but just insight in so many different areas was incredibly helpful.

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And we're just really grateful that we now have a plan to move forward, like you said.

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But we are grateful for his time.

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It was truly a blessing to be able to sit with him and share our story

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and find out some things we're doing wrong and how to fix them.

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So if you need some help, boy, Peter is the man to go to,

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and hopefully you guys can take advantage of what he's offering.

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Guys, it'll be good. It'll help you end quickly as well.

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Yes, and we're so grateful, Peter. Thank you.

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We appreciated this challenge because the guys I work with are course creators,

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and they can build websites, so always people are wondering about protecting their content.

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And just going through it with Peter has just meant that even today when I was talking to a client,

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I was able to just share things that I'd learned just yesterday.

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It was, like, so exciting.

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It's so exciting because it's like, oh, I can help you with that, just a little bit more than before.

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So, yes, the way everything has been structured has helped me personally navigate this whole realm with so much more clarity.

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All of the creative things that I've done has always been around trademark copyright,

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and I've had this, like, very tangible fear and anxiety around trademarks, copyrights,

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and it's because of all the legal jargon, and spending so much money doing it wrong has been the fear.

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And I have an inordinate amount of attorneys in my life.

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So just getting friendly advice, literal friendly advice, right, from my friends have encouraged me throughout the years,

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but it didn't put me into action until now, right?

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This side-by-side, step-by-step, click-by-click trademark application in the VIP, life-changing.

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Like, it slayed a giant for me that has been looming over my head, intimidating me for a long time.

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And that giant is dead and slayed.

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Hey, I'm Bruce. I just want to give a quick shout-out to my friend Peter.

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Peter jumped on a call with me last night and in 30 minutes totally fixed our entire landing page from a legal perspective.

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We had used some trademark logos, we had used some trademark phrases, promoting a particular challenge we had coming up next week.

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And just got off a call, Peter jumped on, we basically went top to bottom through the page,

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and I just fixed it in real time as he gave suggestions, and it was super helpful.

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So I'm glad we dodged that bullet that we're not going to get back to.

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trouble for using any trademark language or logos in our page but highly recommend it if

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you get a chance to work with peter definitely recommend coach mary go for it

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oh my god i'm actually an attorney but don't hold that against me that's awesome i love it

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i didn't know zippo about this topic and that's why i'm here so i was actually thrilled when you

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said this uh distinction about intent to use trademark application because i'm one of those

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people that comes up with these awesome names and i'm like darn it what do i have to spell all

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this stuff out and i don't have it spelled out yet and if i can protect that that would

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be really exciting so that was my little big takeaway

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hey everybody how is everyone i see a lot of familiar faces oh my gosh this is like

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this is all my family like i know everybody here this is crazy uh it's good to see all of you a

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despina look at all these people that i know this is wonderful hey so um i wanted to give you that

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preview for a specific reason one it was a gift that was actually provided to me by an individual

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who i care about which was really kind of them um it was kind of like a tribute which i did not

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expect so i wanted to share that and this is this is very important to me what we're going to be

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going through the next few days for the next five days we're going to be digging in deep into

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intellectual property okay we're going to be covering everything associated with ideas

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from all angles from names slogans to inventions to you name it we're going to hit it at every

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angle your books your websites uh your funnels um if you make music if you make videos literally

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every angle we're going to hit at now you're probably wondering how in the world are we

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going to do that in five days okay i'm going to take my time with you i'm a professor at

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what used to be called frankenberg's law center now it's called unh school of law

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so i i teach advanced patent practice and procedure and intellectual property i'm also a

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patent litigator a patent prosecutor trademark copyright and trade secret attorney i'm an

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electrical engineer i mean i just say all that to let you know that this is important to me

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that i guide you and i make sure you get this okay um i want to give you a little bit of

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background about myself and the main reason for that is because i want you to understand why i'm

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passionate about this if you can understand that then you understand that when i tell you not to

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file something i'm not telling you that for no reason because most attorneys as i'm sure many

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of you would agree would say well file everything like file patent on everything i see a lot of

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heads going up and down like trademark and everything you're like oh if you can protect

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it hire me i'll do it i'm not going to tell you that okay number one i'm not here looking for you

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to be my clients that's not the intent of this number two there is no legal advice uh that's

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like the number one i see april laughing right now that's like the number one thing i say every

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single time i go live there is no legal advice that's going to be provided here okay i see john

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laughing too by the way if anybody has not ordered cookies from john you need to like you have to

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order cookies from john they're insanely amazing um and by the way john yeah gluten-free or not

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didn't even matter didn't even bother me it was exactly like you said the quality is off the charts

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so amazing so um the reason why i want you to understand my background is because protection

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is very important to me when it comes to technology when it comes to your businesses

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um i'll give you one example of something that happened very recently was really kind of

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heart-wrenching and we're going to start jumping into trademarks right after okay um i received a

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call from steven ds uh well i actually received a communication from steven ds he said he wanted

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to send someone to me person came to me and uh she revealed her situation she'd been running a company

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she started her own company i mean how awesome is that right started her own company with within

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two years she was doing pretty well she was providing uh service to others kind of like in

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the coaching arena which many of you here are coaches and so she was coaching others and taking

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off things were starting to accelerate and you can imagine if she's dealing with steven ds you know

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she's taking off because steven knows what he's doing right uh for those of you that know him here

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and so she's doing really well all of a sudden boom cease and desist letter now she's already

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like making the hundreds of thousands starting to take off

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cease and desist letter comes in she reaches out to me like

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in a panic mode. And when she's on the phone, and I've got more

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than one person that he sent over, but for this particular

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individual, she's on the phone, and she's like, What am I

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supposed to do? I don't know what to do. I said, Well, do you

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have an LLC? She said, Yes. Okay, then your assets are

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protected. But what's going on here? And she says, Well, they

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want me to stop using the name of my company. And that same

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name is on my services. And it's also on some of the products

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that I sell. And I said, Well, what's the name? And within a

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second, I'm going to show you all how to do this. I went

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online, and I saw Yes, they have a federal registration. There

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is no argument you can make, like, clearly, they had a

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federal registration for 18 years, you came in two years

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ago, started using it. Did you ever do a trademark search? She

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said no. She had to stop she had to change the name of the

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company, pull all product from the shelf. She had to change the

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name of her coaching program. And she we got her out of the

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situation where she didn't have to cut a check, they wanted her

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to cut a check for past damages, we got her out of the situation.

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So she didn't have to do that. All of that could have been

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avoided with a simple trademark search, all of that. And all of

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you here will know how to do a trademark search before we're

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done. Okay, actually, you'll know by tomorrow, how to do a

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trademark search. Okay. So let me give a little bit of

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background about myself. I'm just going to take two minutes

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on this just to kind of put this in perspective. We're going

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to go through some of the logistics today, I'm going to

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show you something in a Facebook group, make sure

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everybody's everybody's on the same page, you understand the

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difference between the the challenge in the VIP. So people

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understand there's a separate dial in for VIP, we're going to

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go through all of this now. So we don't have to do it again

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later. So first of all, a little bit about me, I was born in the

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projects of Brooklyn and Williamsburg back when it wasn't

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penthouses, where there wasn't, you know, people weren't walking

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around at two, three in the morning, unless they wanted

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trouble. It was very different when I grew up there. And so my

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mom was a single mom. And then my father won custody of me with

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my stepmom, right. So I went to live with my father, my stepmom,

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all such issues, like physically, emotionally, and

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otherwise abused as a child, all sorts of issues, right, lots

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of healing that I needed. But as time went on, one thing after

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another was taken away from me, not not only like my biological

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mother, but then as I grew up, as I went to school, there were a

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lot of obstacles, even when I came into New Hampshire and

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started running a law firm, the law firm exploded, meaning that

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I started making so much money so fast, that the prior owner

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was upset with me, because I started making more money than

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him within a year and a half, purely by the grace of God, can

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I just be clear, like, this is purely by the grace of God. He

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couldn't understand how I ended up with MIT, Harvard, like all

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these big name clients, he could not understand it. And he was

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so upset about it. In any case, I had to leave the law firm

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because it was getting pretty bad. And then he tried to

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destroy me before the New Hampshire State Bar. I mean,

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this is what happened. And then fortunately, before I left, the

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Lord told me keep copies of everything. So I could prove

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that everything he said was wrong. And then you know, the

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state bar got very upset with him, blah, blah, blah. But why

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am I mentioning all this? Throughout my life, people have

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tried to take things away from the situation with my mom, to

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some housing issues, to schooling, to like, even my

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legal profession. So it's when you come before me, as

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individuals who have invested your own time, your own money,

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your own blood, sweat and tears into building an entity,

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building an enterprise, building something for yourself

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and your family for your bloodline. That's important to

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me. Alright, so the things that I'm going to be teaching you

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understand they're coming from a perspective of protection.

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Like I'm very much about making sure that people don't waste

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money on things that are not necessary, but at the same time

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have the information to be able to take care of themselves if

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they need to. Alright, so I just want you to understand that

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now a little bit about my background. Like I mentioned,

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I'm in patent litigation. I'm a litigator. I've litigated in

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Texas, Southern District of California, New Hampshire,

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Massachusetts, Florida, DC, like different places. On top of

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that, like I mentioned, I'm an adjunct professor. I'm also a

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trademark trade secret and copyright attorney. Now, I

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mentioned that just to understand that some of the

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stuff that I'm going to mention to you, I'm going to keep it

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low on the technological area and if something doesn't click,

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just type it in the chat. I have a few snipers here that you

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don't know about, okay? People amongst you who are actually

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giving me feedback.

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back live all right so gonna let me know in the chat if somebody says i completely don't get that

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what is he talking about i'm gonna see it all right so i'm gonna focus on you but they're gonna

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ping me if that happens now vip let's just make sure people understand how vip works in the

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challenge we're gonna be doing a lot of this one-on-one communication you can type in your

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questions in the chat i'll be able to get to a few of them but vip is really where you want to

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do the one-on-ones direct say look my company's got this issue i've got this specific question

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now i'm not going to give you legal advice but i am going to go through your questions

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like john and a number of others have emailed me multiple questions i mean like some of them

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have sent me like a thesis okay i see a few of you laughing because you know who you are

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which is awesome like i just i'm thankful for that because that's what i want to see now i can

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go through your questions and i can answer them one by one there's going to be lives there meaning

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i'm going to pull you on for a hot seat if you want and you can go back and forth you can say

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you know you say this but what about this and i'm going to hit it live like i'm going to go through

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just like if you were my client i'm going to analyze the whole situation live walk you through

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every single scenario okay now again i'm not going to give you legal advice but i'm going to tell you

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what the law says separate from that in the vip we are going to do a trademark application step by

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step why am i mentioning this if you have a trademark application that you want to file

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okay tomorrow in the vip we are going to file a trademark application from scratch that means

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selecting your international classification determining your recitation of goods and

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services figuring out going online to the usbto website clicking the buttons together

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and step by step filing a trademark application if you have an application you are thinking of

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something you want to file then you will be able to do a trademark search and an application by

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tomorrow okay now if you if you think to yourself well i'm not sure if i'm doing this right then

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then that's okay you'll know enough to be able to speak to an attorney so you're not spending

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a tremendous amount of money on the attorney what do i mean by that let's say you have 10 names

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that you're thinking of using for your company 10 names do you realize if you go to an attorney

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and say i have 10 different names i want you to do trademark searches for 10 names you're

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going to spend five to six thousand dollars do you realize that when you could actually go to

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the usbto website look up those 10 names and probably knock out six or seven of them so you

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only go to them with three your costness just just went down to like 1800 bucks or 1500 bucks

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by what you're going to learn here okay now for vip individuals you have a different login

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okay so 12 to 1 o'clock we're going to be doing the challenge from 1 15 to 2 15

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that's when we're going into vip okay for this challenge here we start at 1205 i go live at 1205

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so i leave a little gap for everybody to get in get established larissa is going to do the

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amazing stuff by the way can we just type in a chat how awesome larissa is she is so awesome

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she she's just incredible i'm so grateful for her thank you for all that you do larissa you're

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amazing um and so i just want you to understand that as we go forward at 1205 we're starting on

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the dot okay today i want to spend a lot of time with logistics to make sure everybody's up to par

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and then we're jumping into trademarks in probably two minutes we're going to start

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okay i want to show you one more thing and then we're going to get going let me share my screen

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real fast with you share there we go this is the website this is the facebook group

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everybody should be aware of this can everybody see the screen right now

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okay wonderful thank you so much okay now in here i've set up a few things for you

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one is if you go under events here are each of the days okay those are the five days

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and these are the if you want to see the dial and just click on the link here and there's the dial

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in all you have to do is push that button boom you're done you don't have to go looking for the

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email you don't have to go trying to figure out where the link is um some of you may in fact

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already be getting uh text messages we actually set that up recently as well we just tried this

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we're going to start using text messages going forward so i wanted to try do a trial run with

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it this time and see how it works so by tomorrow some of you will start seeing that loop in i just

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want to see how that works

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for you guys um so that's where the link is to get into the event separate from that under guides

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thank you april i know april's here there you are thanks to april she's actually um giving us some

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some extra feedback on something with the guides so you're going to see the the videos that are

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important are going to be under guide one and under guide two you're going to see the documents

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that are important to have okay so when you come in you just click guides or events boom you're

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ready to go what i'd like you to do if you haven't done so you don't have to but it's just going to

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help you is go live go into facebook group go live say this is who i am this is where i'm from

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this is what i want why the reason why i'm asking you to do this is because i'm customizing this for

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you guys i bill at 580 an hour okay you're getting this for 95 bucks like you've got

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five hours with me at let's say 600 bucks that's like almost three thousand dollars worth of value

255
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at least for 95 bucks and then separate from that you have the equivalent of three attorneys

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there are no patent litigators who do trade secret law like that doesn't it's so rare to

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have that so you have the equivalent of three attorneys in one person and you're only paying

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95 bucks so go live and say this is what i really want like i'm trying to figure this out i'm trying

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to figure that out because i'm going in and i'm watching the videos and i'm customizing each

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section for you so take advantage of it like take advantage of me there you go you have my permission

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in the legal area all right um larissa go ahead

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just want to invite if you have a spouse a partner a an assistant who also you think that

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this is going to be fantastic for them to join in um the rules for that or the so to speak

264
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are either get them in the room with you or decide if you want to sign them up separately

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you can dm me on that am i right on with that peter that's exactly right yeah so last time i

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ran this i had a few individuals i think three individuals who really cared about their companies

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and and they had assistants like either legal assistants or paralegals or secretaries and they

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said look um it's great that i know this but the person who's actually going to do this is my

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assistant not me and so i'm glad i know this but i need them to understand it so i said you know

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what have them come on with you i don't care why don't i care because it's more important to me

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that you really truly get this than i make 95 bucks can i just be clear like i really want you

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to get this i don't want you getting into legal trouble because the majority of the people that

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call me are people that are in trouble how nice would it be if you started out with a solid

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foundation so if it's if it's your assistant who is the one who truly is going to be implementing

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trademark searches get your assistant on the line with you let them listen in with you let them

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watch with you now if it's you know honestly if you have like business partners then have them

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sign up for 95 bucks because then they can actually do their own thing but if it's your assistant

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you know if it's somebody who's working underneath you by all means go ahead and do that and there

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are some exceptions that i've given for partners as well so um again i'm trying to provide this

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service for you so that you get this right up front and you don't run into legal problems later

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okay with that everybody should have received what i call the security sheet

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what a corny name all right so it's really a cheat sheet okay but i call it the security

283
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sheet because i didn't want everyone to uh start talking negatively about the things

284
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i call them cheat sheet yeah so i see a lot of people holding up

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if you have not seen it yet uh larissa can you drop that the link for that

286
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okay so she's dropping that and so everybody's going to be able to download it they're separate

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from there like i just told you if you go into the guides and click on documents boom it's right

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there now that cheat sheet is incredibly valuable it's going to make your life a lot easier let me

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share it with you real quickly my list of links or was that separate because i'm

290
00:24:35.280 --> 00:24:36.000
hold on a second

291
00:24:36.560 --> 00:24:43.360
what did you say is it in the document i've got with the list of the links because i'm not seeing

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it near the top yep it's right there otherwise you can just just grab it from the guides it's

293
00:24:48.720 --> 00:24:55.280
in there as well okay yeah okay you can just grab it from the guides it's in there as well

294
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okay yeah okay

295
00:25:00.000 --> 00:25:00.840
You all set?

296
00:25:02.680 --> 00:25:03.640
Okay, great.

297
00:25:03.640 --> 00:25:06.060
So let me share my screen with you.

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And here is what it looks like.

299
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Okay, you see that?

300
00:25:17.560 --> 00:25:19.140
All right, what did I do here?

301
00:25:19.140 --> 00:25:23.440
Basically every category that falls associated

302
00:25:23.440 --> 00:25:25.420
with your idea will be here.

303
00:25:25.420 --> 00:25:30.420
So let's say you come up with a new car engine, right?

304
00:25:31.240 --> 00:25:33.360
And you have a name for the engine.

305
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The name for the engine is a word, it will fall in here.

306
00:25:37.500 --> 00:25:39.680
If it's a new car, there's a logo.

307
00:25:39.680 --> 00:25:42.360
If it's technology associated, it's a product.

308
00:25:42.360 --> 00:25:43.960
Since it's an engine, it's a product.

309
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There's patents.

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The name associated falls under trademarks.

311
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The logo falls under trademarks.

312
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Whatever is associated with your idea

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00:25:52.760 --> 00:25:54.720
should fall somewhere in the bottom here.

314
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Are there exceptions?

315
00:25:55.680 --> 00:25:58.080
Yeah, I can find exceptions for anything in life,

316
00:25:58.080 --> 00:26:00.240
quite frankly, but this will get you through

317
00:26:00.240 --> 00:26:02.640
like 95% of the situations.

318
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If you have a situation that falls outside this realm,

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just email me at nieves.elite-challenges.com

320
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or you can mention a VIP

321
00:26:11.120 --> 00:26:12.960
and I can walk you through that, okay?

322
00:26:12.960 --> 00:26:15.400
But basically you should be able to find your situation

323
00:26:15.400 --> 00:26:17.880
in here somewhere and look straight up.

324
00:26:17.880 --> 00:26:20.940
And that tells you what category of intellectual property

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00:26:20.940 --> 00:26:24.460
is associated with your idea.

326
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Okay?

327
00:26:25.880 --> 00:26:26.720
Simple enough?

328
00:26:26.720 --> 00:26:30.100
So that should make it a lot easier to deal with.

329
00:26:30.100 --> 00:26:32.720
So now let's start jumping into, like I mentioned,

330
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I wanna jump into trademarks right off the bat.

331
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I'm gonna teach you,

332
00:26:37.680 --> 00:26:40.600
I'm gonna show you three different scenarios.

333
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The reason why I'm gonna walk you through

334
00:26:41.840 --> 00:26:42.920
these three different scenarios

335
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before I walk into trademarks is

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I want you to understand the significance

337
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of what we're talking about.

338
00:26:49.440 --> 00:26:51.880
We just talked about one of the situations.

339
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Let me talk about two different ones

340
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and then we're gonna do a deep dive

341
00:26:56.400 --> 00:26:58.460
into trademarks and the law.

342
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So here's the second situation.

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Corporation hire.

344
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Corporation hires a third party

345
00:27:09.120 --> 00:27:11.980
to create a software app, all right?

346
00:27:11.980 --> 00:27:14.480
Now, a lot of you here have actually hired companies

347
00:27:14.480 --> 00:27:15.680
to do software apps.

348
00:27:15.680 --> 00:27:18.240
I know this because I've talked to you.

349
00:27:18.240 --> 00:27:20.580
So they hire the company to do a software app

350
00:27:20.580 --> 00:27:22.900
and they say, I want you to do X, Y, Z in this app.

351
00:27:22.900 --> 00:27:25.140
I wanna use it for either my ministry

352
00:27:25.140 --> 00:27:27.760
or I wanna use it for my coaching

353
00:27:27.760 --> 00:27:30.980
or I wanna use it for my company, right?

354
00:27:30.980 --> 00:27:31.820
So they hire them.

355
00:27:31.820 --> 00:27:35.940
They spend $80,000, $80,000 on the software.

356
00:27:35.940 --> 00:27:38.300
Software app works beautifully.

357
00:27:38.300 --> 00:27:39.700
I mean, incredibly well.

358
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They start using it.

359
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Now, they wanna do some modifications to the software.

360
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And when they wanna do some modifications to the software,

361
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they try to hire another party

362
00:27:50.520 --> 00:27:52.840
to do the modifications to the software.

363
00:27:53.620 --> 00:27:55.840
The original developer of the software

364
00:27:55.840 --> 00:27:57.200
reaches out to them and says,

365
00:27:57.200 --> 00:27:59.800
you're committing copyright infringement.

366
00:28:01.160 --> 00:28:02.880
And they said, that doesn't make any sense.

367
00:28:02.880 --> 00:28:03.720
What are you talking about?

368
00:28:03.720 --> 00:28:07.000
I spent $80,000 with you and I purchased the software.

369
00:28:07.000 --> 00:28:08.640
You can't, that doesn't make sense.

370
00:28:08.640 --> 00:28:09.740
I own the software.

371
00:28:10.720 --> 00:28:12.440
They said, no, that's not true.

372
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We own the software.

373
00:28:13.840 --> 00:28:16.520
You have a non-exclusive license to use the software

374
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that we developed for you.

375
00:28:18.040 --> 00:28:20.220
And they say, and I see people like their eyes

376
00:28:20.220 --> 00:28:21.480
are bogging out of their heads right now.

377
00:28:22.360 --> 00:28:24.040
They said, well, that doesn't make sense.

378
00:28:24.040 --> 00:28:27.760
I paid you $80,000.

379
00:28:27.760 --> 00:28:30.840
The software company says, well, under copyright law,

380
00:28:30.840 --> 00:28:34.560
the developer of the software owns the copyright.

381
00:28:35.760 --> 00:28:36.600
Okay?

382
00:28:36.600 --> 00:28:40.880
The only way, when you actually have a software app

383
00:28:40.880 --> 00:28:43.120
created for you, or you have software development

384
00:28:43.120 --> 00:28:46.960
done for you, the only way you actually own the software,

385
00:28:46.960 --> 00:28:48.680
meaning all right title and interest,

386
00:28:48.680 --> 00:28:52.480
is if the developer assigns all right title and interest

387
00:28:52.480 --> 00:28:53.920
of the copyright to you.

388
00:28:55.240 --> 00:28:59.280
If you don't know that, you spent $80,000 for a copy

389
00:29:00.960 --> 00:29:02.920
and a non-exclusive license, which you can use.

390
00:29:02.920 --> 00:29:05.280
Now, you cannot modify the software

391
00:29:05.280 --> 00:29:07.360
because that falls under what's called derivative works,

392
00:29:07.360 --> 00:29:10.120
which we're going to talk about on day three.

393
00:29:10.120 --> 00:29:10.960
Okay?

394
00:29:10.960 --> 00:29:13.200
So that means they spent $80,000 for something

395
00:29:13.200 --> 00:29:15.720
they can use internally, but they can never modify.

396
00:29:15.720 --> 00:29:18.020
They had to spend another $15,000.

397
00:29:18.800 --> 00:29:19.880
To be able to own it.

398
00:29:20.760 --> 00:29:22.800
These are things we're going to be talking about

399
00:29:22.800 --> 00:29:25.720
so you understand this before you work with these people.

400
00:29:25.720 --> 00:29:26.680
Okay?

401
00:29:26.680 --> 00:29:27.880
One more scenario.

402
00:29:29.960 --> 00:29:33.000
For those of you that know the pharmaceutical industry,

403
00:29:33.000 --> 00:29:35.840
okay, this is a really important example.

404
00:29:35.840 --> 00:29:37.160
I know about the situation.

405
00:29:37.160 --> 00:29:38.320
You know about the corporation.

406
00:29:38.320 --> 00:29:39.800
I'm not going to say the name of the corporation

407
00:29:39.800 --> 00:29:41.480
because I don't want to embarrass them

408
00:29:41.480 --> 00:29:42.800
because it was a horrible situation.

409
00:29:42.800 --> 00:29:46.960
But typically it takes about, it could take 10 to 17 years

410
00:29:46.960 --> 00:29:49.360
to get FDA approval for a drug.

411
00:29:49.360 --> 00:29:50.200
All right?

412
00:29:50.200 --> 00:29:51.020
It could take a long time.

413
00:29:52.280 --> 00:29:54.880
Pharmaceutical company goes after five different drugs,

414
00:29:54.880 --> 00:29:57.720
spends millions of dollars, tens of millions of dollars

415
00:29:57.720 --> 00:29:59.280
trying to develop them.

416
00:29:59.280 --> 00:30:00.240
Three of them hit.

417
00:30:00.000 --> 00:30:03.400
Okay, they decide to go forward with those three.

418
00:30:03.400 --> 00:30:07.000
They file a patent application on three of them.

419
00:30:07.000 --> 00:30:10.040
The one that becomes the biggest drug,

420
00:30:10.040 --> 00:30:12.760
the biggest one in the industry,

421
00:30:12.760 --> 00:30:16.720
that one, they go to a trade show and they talk about it

422
00:30:16.720 --> 00:30:18.040
and they get the public aware of it.

423
00:30:18.040 --> 00:30:19.840
They offer it for sale.

424
00:30:19.840 --> 00:30:23.560
And it seems like things are going great.

425
00:30:23.560 --> 00:30:24.800
Well, lo and behold,

426
00:30:24.800 --> 00:30:28.840
the competitor actually creates the same drug as a generic.

427
00:30:28.840 --> 00:30:32.160
And so the company, the pharmaceutical company sues them,

428
00:30:32.160 --> 00:30:33.720
says, I have patent rights.

429
00:30:33.720 --> 00:30:34.640
I own that.

430
00:30:34.640 --> 00:30:37.000
You cannot do that.

431
00:30:37.000 --> 00:30:38.800
Okay, so this is what happens.

432
00:30:40.000 --> 00:30:42.860
The company that gets sued, let's call it company X,

433
00:30:44.140 --> 00:30:47.080
in court, invalidates their patent.

434
00:30:47.080 --> 00:30:48.920
And the way they invalidated it

435
00:30:48.920 --> 00:30:51.880
is that the head of marketing for the pharmaceutical company

436
00:30:51.880 --> 00:30:56.660
went to a trade show and talked about the drug

437
00:30:56.660 --> 00:30:59.940
and offered it for sale more than one year

438
00:30:59.940 --> 00:31:02.300
prior to the filing of the patent application.

439
00:31:03.620 --> 00:31:05.020
There are three statutory bars

440
00:31:05.020 --> 00:31:08.540
that you're going to learn on day four in the patent arena.

441
00:31:09.820 --> 00:31:13.740
If you offer something for sale, if there's public use,

442
00:31:13.740 --> 00:31:18.060
or if there's a publication with regard to your technology

443
00:31:18.060 --> 00:31:19.900
and you don't file a patent within one year,

444
00:31:19.900 --> 00:31:22.580
it's considered donated to the public.

445
00:31:22.580 --> 00:31:25.460
They spend tens of millions of dollars

446
00:31:25.460 --> 00:31:28.660
in testing and development and research,

447
00:31:28.660 --> 00:31:32.220
and then finally going into the market on this drug,

448
00:31:32.220 --> 00:31:35.220
and immediately it was invalidated, the patent,

449
00:31:35.220 --> 00:31:38.260
because the head of marketing went to a trade show

450
00:31:38.260 --> 00:31:39.980
and offered it for sale

451
00:31:39.980 --> 00:31:43.060
and violated the patent law statute.

452
00:31:43.060 --> 00:31:46.380
The result was not only was the head of marketing fired,

453
00:31:46.380 --> 00:31:47.820
but the pharmaceutical company

454
00:31:47.820 --> 00:31:49.940
lost the tens of millions of dollars,

455
00:31:49.940 --> 00:31:52.520
and a generic was on the market within a day.

456
00:31:53.520 --> 00:31:55.520
We're going to be going through these things.

457
00:31:55.520 --> 00:31:57.360
So I've talked to you about trademark issues,

458
00:31:57.360 --> 00:31:59.120
copyright issues, patent issues.

459
00:31:59.120 --> 00:32:00.480
Now we're going to do a deep dive.

460
00:32:00.480 --> 00:32:02.320
We're starting out with trademarks.

461
00:32:02.320 --> 00:32:04.120
I wanted to give you those examples.

462
00:32:05.440 --> 00:32:06.280
Yes.

463
00:32:07.200 --> 00:32:09.040
Let that sink in for a moment,

464
00:32:09.040 --> 00:32:10.760
because even hearing that again,

465
00:32:10.760 --> 00:32:13.720
what you just said was so monumental.

466
00:32:13.720 --> 00:32:17.920
Anybody haven't, like, I, so excuse me,

467
00:32:17.920 --> 00:32:19.880
but like that was just so huge.

468
00:32:19.880 --> 00:32:21.720
Anyone else having mind blown experiences

469
00:32:21.840 --> 00:32:23.880
like need a minute on what you just said?

470
00:32:27.640 --> 00:32:28.680
Maybe just me.

471
00:32:28.680 --> 00:32:29.600
Thank you, Peter.

472
00:32:32.960 --> 00:32:34.240
Okay. Hold on one second.

473
00:32:34.240 --> 00:32:35.080
All right.

474
00:32:35.080 --> 00:32:36.080
So I'm going to start doing a deep dive

475
00:32:36.080 --> 00:32:37.660
into trademarks right now.

476
00:32:40.000 --> 00:32:41.560
So let's start out with this.

477
00:32:41.560 --> 00:32:42.560
We're going to keep this.

478
00:32:42.560 --> 00:32:43.880
I'm going to try to keep this simple.

479
00:32:43.880 --> 00:32:45.600
We're going to go slow.

480
00:32:45.600 --> 00:32:46.760
I'm going to go step-by-step

481
00:32:46.760 --> 00:32:48.800
so you understand what trademarks are,

482
00:32:48.800 --> 00:32:50.600
copyrights are, patents, and trade secrets.

483
00:32:50.600 --> 00:32:52.400
So let's start out with trademarks.

484
00:32:52.400 --> 00:32:55.120
So a trademark is an identification

485
00:32:55.120 --> 00:32:58.240
as to a source of goods, okay?

486
00:32:58.240 --> 00:33:01.280
Regardless as to whether or not you know

487
00:33:01.280 --> 00:33:04.000
who the source of goods is, okay?

488
00:33:04.000 --> 00:33:07.400
It's an identification of the source of goods.

489
00:33:08.280 --> 00:33:09.720
What does that mean?

490
00:33:09.720 --> 00:33:14.720
Does anybody here know the product DayQuil?

491
00:33:15.000 --> 00:33:16.920
Have you ever heard of that product?

492
00:33:16.920 --> 00:33:18.600
Yes. Do you know who makes it?

493
00:33:19.600 --> 00:33:23.600
I see a lot of people looking up, exactly.

494
00:33:23.600 --> 00:33:25.320
Quite frankly, it doesn't matter, right?

495
00:33:25.320 --> 00:33:27.640
But I mean, everybody's like looking up going,

496
00:33:27.640 --> 00:33:28.780
yes, that's correct.

497
00:33:28.780 --> 00:33:29.620
That's right.

498
00:33:29.620 --> 00:33:30.440
There we go.

499
00:33:30.440 --> 00:33:31.280
That's correct.

500
00:33:31.280 --> 00:33:32.120
It is Vicks.

501
00:33:32.120 --> 00:33:32.940
That's right.

502
00:33:32.940 --> 00:33:33.780
Tispina.

503
00:33:33.780 --> 00:33:35.020
Tispina, you're so smart.

504
00:33:35.020 --> 00:33:35.860
So that's right.

505
00:33:35.860 --> 00:33:38.240
But most people, when they hear DayQuil,

506
00:33:38.240 --> 00:33:39.960
what they think of is they think,

507
00:33:39.960 --> 00:33:42.020
all right, you've got a cold.

508
00:33:42.020 --> 00:33:44.680
It helps you to fight those symptoms.

509
00:33:44.680 --> 00:33:45.800
I know it works pretty well.

510
00:33:45.800 --> 00:33:46.960
It's kind of like NyQuil,

511
00:33:47.000 --> 00:33:48.760
but it doesn't make you fall asleep, right?

512
00:33:48.760 --> 00:33:50.840
I mean, that's what you kind of think of, right?

513
00:33:50.840 --> 00:33:53.200
So the quality comes to mind.

514
00:33:53.200 --> 00:33:55.560
You know, it's not some knockoff thing off the shelf

515
00:33:55.560 --> 00:33:58.000
that somebody around the corner created.

516
00:33:58.000 --> 00:33:58.960
You can trust it.

517
00:33:58.960 --> 00:34:01.200
It's been around for a long time.

518
00:34:01.200 --> 00:34:03.460
So the second you see DayQuil,

519
00:34:03.460 --> 00:34:05.520
you know you can buy that product,

520
00:34:05.520 --> 00:34:07.200
even though most of you didn't even know

521
00:34:07.200 --> 00:34:09.520
the source of the product, right?

522
00:34:09.520 --> 00:34:11.520
That's what a trademark is.

523
00:34:11.520 --> 00:34:14.800
A trademark is an investment into the goodwill

524
00:34:14.800 --> 00:34:16.400
of a product or a service

525
00:34:16.800 --> 00:34:19.520
so that when the public sees that name or that logo,

526
00:34:19.520 --> 00:34:21.320
they're expecting a certain quality.

527
00:34:21.320 --> 00:34:23.880
They're expecting something in particular

528
00:34:23.880 --> 00:34:26.760
when they buy that thing or when they invest in that thing.

529
00:34:26.760 --> 00:34:30.400
So that trademark becomes extremely important to you.

530
00:34:30.400 --> 00:34:34.000
Now, trademarks can fall into a lot of different categories.

531
00:34:34.000 --> 00:34:36.800
There's literally a lot of different categories.

532
00:34:37.840 --> 00:34:39.340
On that sheet that I gave you,

533
00:34:39.340 --> 00:34:42.239
I go through a few of them for you, all right?

534
00:34:42.239 --> 00:34:45.260
So if you look under the trademark category on that sheet,

535
00:34:46.440 --> 00:34:49.239
and I'll share it on the screen again so you can see it.

536
00:34:54.040 --> 00:34:55.560
So share this one more time for you.

537
00:34:55.560 --> 00:34:57.800
See, under trademarks, you have things

538
00:34:57.800 --> 00:35:00.000
that you're already familiar with, like words.

539
00:35:00.000 --> 00:35:04.640
Nike, like Adidas.

540
00:35:04.640 --> 00:35:06.960
Why am I talking about sneakers so much?

541
00:35:06.960 --> 00:35:10.280
Nike, sneakers, sneakers, Apple.

542
00:35:10.280 --> 00:35:11.400
These are all words.

543
00:35:11.400 --> 00:35:13.640
They're just kind of a name.

544
00:35:13.640 --> 00:35:14.480
That's a trademark.

545
00:35:14.480 --> 00:35:16.640
It's that identification as to a source of goods.

546
00:35:16.640 --> 00:35:19.600
Then there are slogans like, just do it.

547
00:35:19.600 --> 00:35:20.680
Life is good.

548
00:35:20.680 --> 00:35:22.480
Those are slogans, right?

549
00:35:22.480 --> 00:35:25.040
And so that's multiple words put together

550
00:35:25.040 --> 00:35:27.080
that's protectable as a trademark.

551
00:35:27.080 --> 00:35:30.800
Then there are logos like the Nike swoosh, right?

552
00:35:30.800 --> 00:35:32.760
Everybody's familiar with that.

553
00:35:32.760 --> 00:35:35.560
Or a really good example is, you know,

554
00:35:35.560 --> 00:35:38.520
the TikTok social media app.

555
00:35:39.560 --> 00:35:41.080
See a lot of people nodding their head.

556
00:35:41.080 --> 00:35:43.080
They have a thing that's a clef.

557
00:35:43.080 --> 00:35:45.080
I'm not gonna put it up here,

558
00:35:45.080 --> 00:35:46.880
but everybody kind of knows they have this kind

559
00:35:46.880 --> 00:35:49.800
of clef thing that they utilize, right?

560
00:35:49.800 --> 00:35:52.000
Same thing for a lot of different apps.

561
00:35:52.000 --> 00:35:54.640
They'll have a logo associated with it.

562
00:35:54.640 --> 00:35:56.560
Okay, that is protectable.

563
00:35:57.160 --> 00:35:59.440
You can actually own a specific color.

564
00:35:59.440 --> 00:36:01.400
I'm one of the few attorneys in the world

565
00:36:01.400 --> 00:36:05.040
who actually obtain a trademark for the color blue.

566
00:36:05.880 --> 00:36:08.520
My client owns the color blue

567
00:36:08.520 --> 00:36:11.200
when it comes specifically to audio receivers.

568
00:36:11.200 --> 00:36:14.120
So I represent Denon and Marantz.

569
00:36:14.120 --> 00:36:16.600
Okay, Denon has audio receivers

570
00:36:16.600 --> 00:36:19.480
and inside the audio receiver in the panel

571
00:36:19.480 --> 00:36:21.560
where all the digital displays are

572
00:36:21.560 --> 00:36:23.320
and all the needles and everything,

573
00:36:23.320 --> 00:36:26.360
that thing is always a certain color blue.

574
00:36:27.120 --> 00:36:28.840
If anybody else tries to make a product

575
00:36:28.840 --> 00:36:30.760
with a panel that has blue in it,

576
00:36:30.760 --> 00:36:33.120
they infringe my client's trademark.

577
00:36:33.120 --> 00:36:35.000
So you can actually own certain colors.

578
00:36:35.000 --> 00:36:37.800
Like UPS, somebody type in the chat,

579
00:36:37.800 --> 00:36:39.840
what color does UPS own?

580
00:36:43.120 --> 00:36:45.040
Brown, exactly, right.

581
00:36:45.040 --> 00:36:47.480
And there's a fiberglass company out there

582
00:36:47.480 --> 00:36:49.000
and they own a specific color.

583
00:36:49.000 --> 00:36:50.640
Somebody type in the chat,

584
00:36:50.640 --> 00:36:54.000
what's the color that the fiberglass company owns?

585
00:36:54.000 --> 00:36:55.480
Exactly, pink.

586
00:36:55.480 --> 00:36:56.320
You see that?

587
00:36:57.320 --> 00:37:01.280
If anybody else tried to create fiberglass that was pink,

588
00:37:01.280 --> 00:37:05.040
they would infringe the trademark that is owned by,

589
00:37:05.040 --> 00:37:06.520
and I think that's actually corny.

590
00:37:06.520 --> 00:37:07.760
I believe that's corny.

591
00:37:07.760 --> 00:37:12.440
And so they've invested in their own colors.

592
00:37:12.440 --> 00:37:15.800
So there's different categories of trademarks

593
00:37:15.800 --> 00:37:16.680
that are available.

594
00:37:16.680 --> 00:37:21.680
So it's not just necessarily like a name or a logo.

595
00:37:21.720 --> 00:37:22.960
It could also be, like I said,

596
00:37:22.960 --> 00:37:27.960
slogans, designs, pictures, sound, smell.

597
00:37:28.120 --> 00:37:29.520
Did you know that perfumes,

598
00:37:29.520 --> 00:37:32.520
you could actually have trademarks associated with perfumes?

599
00:37:33.400 --> 00:37:36.240
Like specific, like Red Door,

600
00:37:36.240 --> 00:37:37.560
you know, and all these other things.

601
00:37:37.560 --> 00:37:39.680
There's a trademark for that.

602
00:37:39.680 --> 00:37:44.680
So trademarks are not just used for names and for logos.

603
00:37:44.680 --> 00:37:47.160
There's a lot more that can be covered by them.

604
00:37:47.160 --> 00:37:49.880
Now, I wanna share something with you

605
00:37:49.880 --> 00:37:54.680
because this area, people get wrong like all the time.

606
00:37:54.680 --> 00:37:57.480
So I'm gonna share something with you now.

607
00:37:57.480 --> 00:38:02.480
How many people here actually have corporations?

608
00:38:05.360 --> 00:38:06.200
Okay.

609
00:38:07.160 --> 00:38:09.160
All right, I'm gonna show you something.

610
00:38:14.520 --> 00:38:17.440
Let's see, Larissa, can you open up,

611
00:38:17.440 --> 00:38:19.600
drop in the chat link number five.

612
00:38:20.640 --> 00:38:21.480
Okay.

613
00:38:23.960 --> 00:38:26.960
I want everybody to understand how this works.

614
00:38:27.840 --> 00:38:31.120
Yeah, LLC, S Corp, okay.

615
00:38:31.120 --> 00:38:32.960
All right, I'm gonna give you a scenario

616
00:38:32.960 --> 00:38:36.120
and then I'm gonna explain to you what actually happened.

617
00:38:38.520 --> 00:38:43.240
This is the New Hampshire Secretary of State's site, okay?

618
00:38:43.240 --> 00:38:47.760
Somebody in New Hampshire, a large corporation actually,

619
00:38:47.760 --> 00:38:49.080
went to their attorney and said,

620
00:38:49.080 --> 00:38:51.120
I wanna own the name X.

621
00:38:51.120 --> 00:38:53.160
So let's say the name is Feshier.

622
00:38:53.160 --> 00:38:55.000
Let's say they wanna own that name.

623
00:38:55.000 --> 00:38:55.960
They went to the attorney.

624
00:38:55.960 --> 00:38:58.800
The attorney goes, files some documents, come back,

625
00:38:58.800 --> 00:39:02.040
says, you own the name Feshier for your corporation.

626
00:39:02.040 --> 00:39:04.000
They say, great, awesome.

627
00:39:04.000 --> 00:39:05.240
They start making products.

628
00:39:05.240 --> 00:39:06.080
They start selling.

629
00:39:06.080 --> 00:39:07.440
They're selling hundreds of thousands,

630
00:39:07.440 --> 00:39:09.520
started making millions of dollars, right?

631
00:39:09.520 --> 00:39:11.040
All of a sudden they get sued.

632
00:39:12.080 --> 00:39:13.840
And they say, I don't understand.

633
00:39:13.840 --> 00:39:14.840
How could I get sued?

634
00:39:14.840 --> 00:39:15.800
I own the name.

635
00:39:16.680 --> 00:39:18.640
They call up their attorney

636
00:39:18.640 --> 00:39:20.640
because they have the complaint, right?

637
00:39:20.640 --> 00:39:23.760
That's filed in federal district court in New Hampshire.

638
00:39:23.760 --> 00:39:26.000
And the attorney says,

639
00:39:26.000 --> 00:39:28.200
well, I don't really understand it either,

640
00:39:28.200 --> 00:39:29.760
but it says here that they own

641
00:39:29.760 --> 00:39:32.000
the federal registration for Feshier.

642
00:39:32.000 --> 00:39:35.280
So the client says, what are you talking about?

643
00:39:35.280 --> 00:39:37.520
I hired you to own the name.

644
00:39:37.520 --> 00:39:42.240
Like, that's why I paid you so I could own the name.

645
00:39:42.240 --> 00:39:44.840
And so the attorney takes them to the link

646
00:39:44.880 --> 00:39:47.600
that I just showed you, okay?

647
00:39:47.600 --> 00:39:50.280
That's the secretary of state's site

648
00:39:50.280 --> 00:39:53.480
for filing for a corporate name.

649
00:39:54.400 --> 00:39:55.240
That's two.

650
00:39:55.240 --> 00:39:57.440
And every single state that you're in,

651
00:39:57.440 --> 00:39:59.600
unless you're in Canada, in Canada tomorrow,

652
00:39:59.600 --> 00:40:00.440
we're gonna have a-

653
00:40:00.000 --> 00:40:02.560
special guest, Paula Clancy is going to be with us.

654
00:40:02.560 --> 00:40:04.960
She's going to explain to you how it works in Canada

655
00:40:04.960 --> 00:40:06.720
for those of you that are doing business in Canada

656
00:40:06.720 --> 00:40:07.720
or reside in Canada.

657
00:40:07.720 --> 00:40:09.320
So she's going to join us.

658
00:40:09.320 --> 00:40:11.280
She's a partner with Galling.

659
00:40:11.280 --> 00:40:12.120
She's amazing.

660
00:40:12.120 --> 00:40:14.040
I've known her for a long time.

661
00:40:14.040 --> 00:40:19.040
And so what the attorney did was the attorney filed

662
00:40:19.400 --> 00:40:22.720
for the name registration as a corporate name.

663
00:40:22.720 --> 00:40:26.300
The attorney did not file for trademark application

664
00:40:26.300 --> 00:40:28.360
with the state and did not file

665
00:40:28.360 --> 00:40:31.380
for a trademark application with the federal government

666
00:40:31.380 --> 00:40:34.360
meeting the United States patent trademark office.

667
00:40:34.360 --> 00:40:37.280
So technically it's correct.

668
00:40:37.280 --> 00:40:40.800
They owned the corporate name in the registry

669
00:40:40.800 --> 00:40:42.760
with the secretary of state,

670
00:40:42.760 --> 00:40:45.680
but they were violating a federal registration

671
00:40:45.680 --> 00:40:48.700
of a trademark of another party.

672
00:40:48.700 --> 00:40:51.000
And they were sued and had to stop using the name

673
00:40:51.000 --> 00:40:53.040
immediately and pull all the product

674
00:40:53.040 --> 00:40:54.800
off the shelves immediately.

675
00:40:55.640 --> 00:40:58.520
Now, somebody must be thinking, well, we'll hold it.

676
00:40:59.960 --> 00:41:01.380
That's why they hired the lawyer.

677
00:41:01.380 --> 00:41:02.720
You have to understand.

678
00:41:02.720 --> 00:41:03.560
And this goes to,

679
00:41:03.560 --> 00:41:06.080
it's one of the questions that many of you emailed me.

680
00:41:06.080 --> 00:41:08.000
How do you know which lawyer to hire?

681
00:41:08.000 --> 00:41:08.840
All right.

682
00:41:08.840 --> 00:41:11.000
I'm just going to take a second to gloss over this

683
00:41:11.000 --> 00:41:12.480
for a moment.

684
00:41:12.480 --> 00:41:14.000
Okay.

685
00:41:14.000 --> 00:41:17.000
If you are doing something in intellectual property law,

686
00:41:17.000 --> 00:41:18.400
hire an IP attorney.

687
00:41:18.400 --> 00:41:20.600
Do not hire a corporate law attorney.

688
00:41:20.600 --> 00:41:22.740
Do not hire a tax law attorney.

689
00:41:22.740 --> 00:41:24.400
If you have questions on tax law,

690
00:41:25.000 --> 00:41:26.360
do not call Peter Nieves.

691
00:41:26.360 --> 00:41:28.240
I do not do tax law.

692
00:41:28.240 --> 00:41:30.320
I have other people that know this stuff.

693
00:41:30.320 --> 00:41:32.800
They are way better than me in that area.

694
00:41:32.800 --> 00:41:37.040
Peter Beach in California, incredibly gifted in that area.

695
00:41:37.040 --> 00:41:39.880
You have to make sure that the attorneys that you're hiring

696
00:41:39.880 --> 00:41:43.440
do exactly what you're hiring them to do.

697
00:41:43.440 --> 00:41:46.920
Otherwise, if you get these people that dabble,

698
00:41:46.920 --> 00:41:49.760
you get a lot of trouble very fast.

699
00:41:49.760 --> 00:41:52.080
As for experience, like Sarah,

700
00:41:52.080 --> 00:41:54.160
you say you have experience in patents.

701
00:41:54.920 --> 00:41:55.760
How many patents have you filed?

702
00:41:55.760 --> 00:41:57.640
If they say, well, I haven't filed any.

703
00:41:57.640 --> 00:41:58.480
Okay. Thank you.

704
00:41:58.480 --> 00:41:59.640
Bye. Click.

705
00:41:59.640 --> 00:42:00.480
All right.

706
00:42:00.480 --> 00:42:01.720
I mean, just don't play games.

707
00:42:01.720 --> 00:42:02.920
This is your corporation.

708
00:42:02.920 --> 00:42:04.460
This is your baby.

709
00:42:04.460 --> 00:42:05.300
All right.

710
00:42:05.300 --> 00:42:07.040
So this is very important to you.

711
00:42:07.040 --> 00:42:08.400
So another thing,

712
00:42:08.400 --> 00:42:12.120
don't hire lawyers based on what you see on the internet.

713
00:42:12.120 --> 00:42:13.880
Another dangerous thing.

714
00:42:13.880 --> 00:42:15.200
I know people who have done this.

715
00:42:15.200 --> 00:42:16.680
They need to file patent applications

716
00:42:16.680 --> 00:42:18.560
or they need to file trademark in Mexico.

717
00:42:18.560 --> 00:42:20.000
So they go online and they say,

718
00:42:20.000 --> 00:42:22.640
oh, such and such law firm must be legit.

719
00:42:22.640 --> 00:42:23.960
They hire them.

720
00:42:23.960 --> 00:42:26.580
And then what happens is they start receiving these invoices,

721
00:42:26.580 --> 00:42:29.640
these bills, and they don't know if they're legit or not.

722
00:42:29.640 --> 00:42:31.680
They don't know how much it's supposed to cost

723
00:42:31.680 --> 00:42:34.200
because they're not familiar with that field.

724
00:42:35.740 --> 00:42:36.580
Right?

725
00:42:36.580 --> 00:42:37.920
A trademark application in the United States,

726
00:42:37.920 --> 00:42:40.440
I'm going to teach you how to do it for $275.

727
00:42:40.440 --> 00:42:43.200
Do you realize most people pay 1200 bucks?

728
00:42:44.880 --> 00:42:47.920
Like you need to understand what you're purchasing.

729
00:42:47.920 --> 00:42:51.620
So what I would do is if you have attorney friends,

730
00:42:51.620 --> 00:42:53.260
and obviously I'm one of your friends.

731
00:42:53.260 --> 00:42:54.740
So if you have attorney friends

732
00:42:54.740 --> 00:42:57.220
and you need a lawyer in a specific field,

733
00:42:57.220 --> 00:42:59.900
ask them for multiple reasons.

734
00:42:59.900 --> 00:43:00.740
Number one,

735
00:43:00.740 --> 00:43:04.040
they're not going to refer you to somebody they don't trust.

736
00:43:04.040 --> 00:43:04.880
All right.

737
00:43:04.880 --> 00:43:06.540
Number two, that person they refer you to

738
00:43:06.540 --> 00:43:08.580
now becomes accountable to that lawyer.

739
00:43:09.780 --> 00:43:10.620
All right.

740
00:43:10.620 --> 00:43:13.560
And lawyers have what they call a referral network,

741
00:43:13.560 --> 00:43:15.700
where if I send one lawyer 10 cases,

742
00:43:15.700 --> 00:43:18.100
I expect them to send me 10 cases back.

743
00:43:18.100 --> 00:43:20.740
I don't just keep sending cases and cases and cases

744
00:43:20.780 --> 00:43:22.420
and get nothing back.

745
00:43:22.420 --> 00:43:23.260
All right.

746
00:43:23.260 --> 00:43:25.060
So there's accountability between lawyers.

747
00:43:25.060 --> 00:43:27.660
So take advantage of the relationships of the lawyers

748
00:43:27.660 --> 00:43:28.800
that you do know,

749
00:43:28.800 --> 00:43:30.820
and let the lawyers refer you to lawyers.

750
00:43:30.820 --> 00:43:32.540
Don't try to figure it out on your own,

751
00:43:32.540 --> 00:43:33.980
because there's no way for you to look at a bill

752
00:43:33.980 --> 00:43:37.740
and know if that bill is supposed to be $600 or $6,000.

753
00:43:37.740 --> 00:43:39.100
You don't know.

754
00:43:39.100 --> 00:43:39.940
Okay.

755
00:43:39.940 --> 00:43:41.940
So that's how I would look at hiring attorneys.

756
00:43:41.940 --> 00:43:44.700
So in this specific situation,

757
00:43:44.700 --> 00:43:46.880
she had to change the name of the corporation,

758
00:43:46.880 --> 00:43:49.140
remove the product from the shelves.

759
00:43:49.140 --> 00:43:50.340
And when you remove product,

760
00:43:50.900 --> 00:43:51.740
you have to change the packaging.

761
00:43:51.740 --> 00:43:53.740
If the name is on the packaging,

762
00:43:53.740 --> 00:43:56.140
that costs a lot of money to change packaging.

763
00:43:56.140 --> 00:43:58.300
I'm sure John here can tell everybody,

764
00:43:58.300 --> 00:44:00.100
I don't know if anybody's ever ordered his cookies,

765
00:44:00.100 --> 00:44:02.860
but he does a nice job on the packaging.

766
00:44:02.860 --> 00:44:03.700
All right.

767
00:44:03.700 --> 00:44:05.540
I mean, it comes in a really nice insulated.

768
00:44:05.540 --> 00:44:08.180
Everything is really nicely done, you know?

769
00:44:08.180 --> 00:44:11.060
And so imagine if he had to pull all of that off the shelf,

770
00:44:11.060 --> 00:44:13.860
that would take a tremendous amount of time and effort.

771
00:44:13.860 --> 00:44:15.060
You don't want to do that.

772
00:44:15.060 --> 00:44:16.160
Okay.

773
00:44:16.160 --> 00:44:18.160
So that's number one.

774
00:44:18.160 --> 00:44:19.800
Number one is just understand

775
00:44:19.800 --> 00:44:22.560
when you're filing for trademark,

776
00:44:22.560 --> 00:44:24.280
there's filing of the corporate name

777
00:44:24.280 --> 00:44:25.960
with the secretary of state.

778
00:44:25.960 --> 00:44:29.520
There's filing of a trademark application with the state.

779
00:44:29.520 --> 00:44:31.800
And there's filing of a trademark application

780
00:44:31.800 --> 00:44:33.560
with the federal government.

781
00:44:33.560 --> 00:44:35.940
When do you do which?

782
00:44:35.940 --> 00:44:37.900
That's what I want to cover now.

783
00:44:37.900 --> 00:44:39.400
Okay.

784
00:44:39.400 --> 00:44:41.600
Secretary of state, if you're running a company,

785
00:44:41.600 --> 00:44:44.560
you have to file with the corporate names directory.

786
00:44:44.560 --> 00:44:45.380
That's easy.

787
00:44:45.380 --> 00:44:46.920
You could do that on your own.

788
00:44:46.920 --> 00:44:47.760
You don't need help.

789
00:44:48.400 --> 00:44:49.240
It's very simple.

790
00:44:49.240 --> 00:44:50.240
Go to the secretary of state site.

791
00:44:50.240 --> 00:44:51.400
It's so easy to do.

792
00:44:53.080 --> 00:44:55.560
Filing trademark applications with the state.

793
00:44:55.560 --> 00:44:59.580
If you are selling your product across state lines,

794
00:45:00.000 --> 00:45:04.640
Please, please, please, please, if you only, all right,

795
00:45:04.640 --> 00:45:07.140
if you hear two things, this should be one of them, all right?

796
00:45:07.820 --> 00:45:09.940
Don't follow a state trademark application.

797
00:45:10.560 --> 00:45:14.800
If you're following, if you're offering things for sale

798
00:45:14.800 --> 00:45:19.180
across state lines, don't bother with a state registration.

799
00:45:19.780 --> 00:45:21.300
Follow federal registration.

800
00:45:21.960 --> 00:45:23.380
When you follow federal registration,

801
00:45:23.380 --> 00:45:25.520
you own all the states in the United States.

802
00:45:25.520 --> 00:45:34.020
So, why would you spend the hundred and something bucks following in New Hampshire,

803
00:45:34.600 --> 00:45:40.540
Massachusetts, you know, wherever you are, when you can spend a hundred bucks more

804
00:45:40.700 --> 00:45:42.480
and own all of the United States?

805
00:45:43.460 --> 00:45:47.360
As long as you are using that trademark in what's called interstate commerce,

806
00:45:47.360 --> 00:45:52.660
that means across state lines, so if, like John, John, I'm sorry I'm picking on you so much,

807
00:45:53.420 --> 00:45:56.160
you know, I'm sure you'll get back at me in VIP.

808
00:45:56.160 --> 00:46:01.300
So, I saw your list of questions.

809
00:46:01.300 --> 00:46:02.920
I know you're going to get back at me in VIP.

810
00:46:02.920 --> 00:46:03.740
So.

811
00:46:03.740 --> 00:46:08.640
Hey, Peter, maybe we should just tell, not everybody knows who John is,

812
00:46:08.640 --> 00:46:10.900
just so they know what you're referring to with John.

813
00:46:11.980 --> 00:46:14.020
Yeah, I'll touch base on that in a moment.

814
00:46:14.020 --> 00:46:21.540
All right, so, so this is what I want you to understand, is that John sells cookies, right,

815
00:46:22.540 --> 00:46:29.220
do you go internationally, unmute John's mic for a second, actually I'll ask him to unmute, there you go.

816
00:46:29.220 --> 00:46:35.620
Yeah, we do, it's really expensive, so like Canada is probably my closest,

817
00:46:35.620 --> 00:46:41.420
I've shipped to Australia, it gets really, really, really expensive, so we can, it's just, it's cost prohibitive.

818
00:46:41.420 --> 00:46:49.620
Okay, so now John, John actually sells product across state lines, obviously, and then also international, right?

819
00:46:49.780 --> 00:46:53.220
So, since he does that, it would make no sense, John, what state are you in?

820
00:46:54.020 --> 00:46:54.740
Kansas.

821
00:46:54.740 --> 00:46:59.140
All right, so it would make no sense for John to just own rights in Kansas,

822
00:46:59.140 --> 00:47:06.500
because now somebody who's using the exact same corporate name, and the same logos, or the same,

823
00:47:06.500 --> 00:47:11.940
you know, trademarks, could go and file it in Florida, and California, and all these other areas,

824
00:47:11.940 --> 00:47:18.020
and now John will end up fighting another party in that state, and that makes no sense.

825
00:47:18.020 --> 00:47:21.220
So, he could file one federal registration, I'm going to mute you again, brother,

826
00:47:21.780 --> 00:47:28.020
he could file one federal registration, and own all of the United States, done, that fast.

827
00:47:28.020 --> 00:47:37.540
Okay, so now, if that's not your case, if instead what you're doing is you're only working in your state,

828
00:47:37.540 --> 00:47:42.340
meaning it never crosses state lines, you're not going to be able to file federal registration,

829
00:47:42.340 --> 00:47:47.860
because you don't have use in interstate commerce, like it's more intrastate commerce, right?

830
00:47:48.420 --> 00:47:51.380
So, for that reason, that's when you would file a state registration.

831
00:47:52.020 --> 00:47:57.460
If that is not your case, do not file, please do not file a state registration,

832
00:47:57.460 --> 00:48:01.780
because what's going to happen is you're going to start growing, then all of a sudden,

833
00:48:01.780 --> 00:48:06.580
you're going to realize, oh my gosh, I can't use this name outside of my state,

834
00:48:06.580 --> 00:48:08.420
because somebody else owns it federally.

835
00:48:09.300 --> 00:48:13.700
You don't want that to happen, okay, and I'm going to show you how that breaks down in an analysis

836
00:48:14.660 --> 00:48:15.300
in a second.

837
00:48:18.660 --> 00:48:26.100
All right, let me show you, I'm going to show you what the site looks like for,

838
00:48:28.260 --> 00:48:31.860
there we go, Larissa, can you, actually, I'll drop it real quick,

839
00:48:31.860 --> 00:48:35.300
I have access to this as well, copy, paste.

840
00:48:35.860 --> 00:48:42.660
All right, this link right here, this is an example of filing link number six that I have here,

841
00:48:42.660 --> 00:48:47.380
this is a state trademark application, if you went through every single one of your states,

842
00:48:47.380 --> 00:48:51.780
you'll be able to file a trademark application, okay, in every one of your states,

843
00:48:51.780 --> 00:48:56.020
if you wanted to file just a state application, this is an example of what it looks like.

844
00:48:56.900 --> 00:49:02.100
Now, if you want to file a trademark application federally, which, as I mentioned,

845
00:49:02.500 --> 00:49:07.460
which, as I mentioned, we're going to go into more description shortly,

846
00:49:08.660 --> 00:49:13.060
this is what you would look at, this is the United States Patent and Trademark Office website,

847
00:49:13.700 --> 00:49:19.380
that's where you file a federal trademark application, so again, corporate name,

848
00:49:19.380 --> 00:49:27.940
Secretary of State, state registration of a trademark, you use your state trademark application

849
00:49:28.020 --> 00:49:34.340
site only, federal, meaning you want all of the United States, you use the United States

850
00:49:34.340 --> 00:49:40.580
Patent and Trademark Office, okay, three different things, if you're going across state lines,

851
00:49:40.580 --> 00:49:45.380
do not file state registration, you're wasting your money, many attorneys will probably tell you,

852
00:49:45.380 --> 00:49:49.220
yeah, file it, I'm telling you don't, it's a waste of your money, you don't need to do it,

853
00:49:50.180 --> 00:49:56.820
okay, all right, moving on, I'm going to teach you something that is

854
00:49:57.860 --> 00:49:59.860
very unusual and most of you will not know,

855
00:50:00.000 --> 00:50:01.720
of this.

856
00:50:01.720 --> 00:50:04.080
OK.

857
00:50:04.080 --> 00:50:06.480
There's a difference between what's

858
00:50:06.480 --> 00:50:09.560
called common law trademark rights

859
00:50:09.560 --> 00:50:14.080
and what's called federal trademark rights, OK?

860
00:50:14.080 --> 00:50:17.560
Common law, somebody in the chat type in common law

861
00:50:17.560 --> 00:50:22.080
so you understand what I'm saying, common law trademark.

862
00:50:22.080 --> 00:50:24.280
I want this to really sink in because this

863
00:50:24.280 --> 00:50:27.080
is an exception to the rule.

864
00:50:27.080 --> 00:50:29.680
Common law, common law, common law, good, common law.

865
00:50:29.680 --> 00:50:31.760
All right, good, good, good.

866
00:50:31.760 --> 00:50:35.640
All right, now everybody kind of knows what they look like.

867
00:50:35.640 --> 00:50:41.600
All right, now, if you've been using a trademark or a logo

868
00:50:41.600 --> 00:50:45.200
and you never file a trademark application,

869
00:50:45.200 --> 00:50:47.200
let's say you never got to filing it,

870
00:50:47.200 --> 00:50:53.000
you actually have what's called common law rights, OK?

871
00:50:53.000 --> 00:50:55.960
I see Coach Karen's head nodding up and down, and she gets this.

872
00:50:55.960 --> 00:50:56.960
I know she does.

873
00:50:56.960 --> 00:50:59.480
This is so important.

874
00:50:59.480 --> 00:51:02.640
You need to understand how this works, OK?

875
00:51:02.640 --> 00:51:06.160
If, let's say, Libby starts using

876
00:51:06.160 --> 00:51:10.960
the name Batman associated with vacuum cleaners, all right?

877
00:51:10.960 --> 00:51:14.760
And so all of a sudden, I am a corporation.

878
00:51:14.760 --> 00:51:18.240
And I say, you know, I like the name Batman associated

879
00:51:18.240 --> 00:51:20.120
with vacuum cleaners because we're

880
00:51:20.120 --> 00:51:21.840
going to clean up our town, right?

881
00:51:21.840 --> 00:51:23.400
So I like that name, vacuum.

882
00:51:23.400 --> 00:51:24.400
Yeah, let's go with this.

883
00:51:24.400 --> 00:51:25.520
We're cleaning up the house.

884
00:51:25.520 --> 00:51:28.000
Yeah, so I'm going with Batman.

885
00:51:28.000 --> 00:51:31.080
So I file a federal registration.

886
00:51:31.080 --> 00:51:33.440
Because when I do a search, I don't

887
00:51:33.440 --> 00:51:36.160
see any other federal registration, OK?

888
00:51:36.160 --> 00:51:38.680
That would be a basic United States patent trademark office

889
00:51:38.680 --> 00:51:40.200
search if I did that.

890
00:51:40.200 --> 00:51:42.160
So now that I've done that search, I say, well,

891
00:51:42.160 --> 00:51:42.680
let me file.

892
00:51:42.680 --> 00:51:43.920
I'm going to file for Batman.

893
00:51:43.920 --> 00:51:44.640
And I do.

894
00:51:44.640 --> 00:51:47.520
Now, poor Libby, who we all love,

895
00:51:47.520 --> 00:51:52.560
has been running a company with the name Batman

896
00:51:52.560 --> 00:51:55.600
for vacuum in her state.

897
00:51:55.600 --> 00:51:57.160
Now, I get this federal registration.

898
00:51:57.200 --> 00:52:00.120
She's been doing it for 20 years.

899
00:52:00.120 --> 00:52:02.080
Like, this is something that's important to her,

900
00:52:02.080 --> 00:52:03.160
important to her family.

901
00:52:03.160 --> 00:52:05.120
They're making good money on this.

902
00:52:05.120 --> 00:52:07.560
Now, all of a sudden, I see Libby.

903
00:52:07.560 --> 00:52:10.560
Like, I'm like, one of my representatives

904
00:52:10.560 --> 00:52:12.560
is out in her state and says, hey,

905
00:52:12.560 --> 00:52:15.760
there's this Batman vacuum cleaner group over here.

906
00:52:15.760 --> 00:52:17.400
And I go, whoa, whoa, that can't happen.

907
00:52:17.400 --> 00:52:19.600
I send her a cease and desist.

908
00:52:19.600 --> 00:52:23.720
Literally, Libby calls up Peter, says, Peter, this is crazy.

909
00:52:23.720 --> 00:52:26.160
Like, I've been doing this for 20 years.

910
00:52:26.160 --> 00:52:28.440
I go and I do a search, and I find out

911
00:52:28.440 --> 00:52:32.120
that they just filed the federal trademark application.

912
00:52:32.120 --> 00:52:34.440
Libby has been doing it for 20 years.

913
00:52:34.440 --> 00:52:38.480
That's called common law trademark rights.

914
00:52:38.480 --> 00:52:41.400
If you actually have been using a trademark

915
00:52:41.400 --> 00:52:45.920
in your specific geographical region

916
00:52:45.920 --> 00:52:49.840
and another party gets a federal registration afterwards,

917
00:52:49.840 --> 00:52:53.120
they cannot stop you from using that trademark

918
00:52:53.160 --> 00:52:56.560
in that specific geographical region.

919
00:52:56.560 --> 00:52:59.320
That's called common law rights.

920
00:52:59.320 --> 00:53:00.520
Why am I telling you this?

921
00:53:00.520 --> 00:53:02.880
Because some of you may not have

922
00:53:02.880 --> 00:53:04.400
filed a trademark application.

923
00:53:04.400 --> 00:53:07.040
Then you may decide to file a trademark application,

924
00:53:07.040 --> 00:53:08.440
and somebody finds out and says,

925
00:53:08.440 --> 00:53:10.880
you can't use that name, that's mine.

926
00:53:10.880 --> 00:53:12.560
You can actually respond to them and say,

927
00:53:12.560 --> 00:53:16.040
well, actually, I've been doing this for like 15 years.

928
00:53:16.040 --> 00:53:18.120
So yeah, you really can't stop me.

929
00:53:18.120 --> 00:53:21.080
And by the way, you're infringing my trademark.

930
00:53:21.120 --> 00:53:23.360
Do you realize you can switch the tables

931
00:53:23.360 --> 00:53:25.200
with a common law rights?

932
00:53:25.200 --> 00:53:26.320
And don't do this on your own.

933
00:53:26.320 --> 00:53:27.520
Make sure you speak to an attorney.

934
00:53:27.520 --> 00:53:29.000
I don't want you to get into trouble.

935
00:53:29.000 --> 00:53:32.160
But the way it actually works is that

936
00:53:32.160 --> 00:53:36.080
under common law rights, you own the trademark

937
00:53:36.080 --> 00:53:37.960
in the specific geographical region

938
00:53:37.960 --> 00:53:38.800
that you've been using it.

939
00:53:38.800 --> 00:53:40.040
Now, what does that mean?

940
00:53:41.200 --> 00:53:44.280
That does not mean that you own all of California.

941
00:53:45.400 --> 00:53:48.880
It doesn't mean that you own all of New Hampshire.

942
00:53:48.880 --> 00:53:51.040
It means that let's say I've been selling

943
00:53:51.040 --> 00:53:52.280
in Nashua, New Hampshire.

944
00:53:52.280 --> 00:53:54.600
I may own Nashua, New Hampshire.

945
00:53:54.600 --> 00:53:56.040
I don't own Belmont.

946
00:53:56.040 --> 00:53:57.120
I don't own Concord.

947
00:53:57.120 --> 00:53:59.320
I don't own any of Manchester.

948
00:53:59.320 --> 00:54:01.720
I own Nashua.

949
00:54:01.720 --> 00:54:05.000
It's very specific to the region where you've been selling

950
00:54:05.000 --> 00:54:08.120
and using that trademark only, okay?

951
00:54:08.120 --> 00:54:09.800
This is, again, why I'm trying to encourage you

952
00:54:09.800 --> 00:54:12.120
to file for trademarks federally,

953
00:54:12.120 --> 00:54:14.720
because then you own all of the United States.

954
00:54:14.720 --> 00:54:16.480
There's none of this analysis of

955
00:54:16.480 --> 00:54:18.160
where did you specifically use it?

956
00:54:18.160 --> 00:54:20.800
You don't have to worry about any of that, all right?

957
00:54:22.480 --> 00:54:24.960
Libby, we're gonna go into the online thing in one second.

958
00:54:24.960 --> 00:54:25.880
That's a great question.

959
00:54:25.880 --> 00:54:27.280
How does that work online?

960
00:54:27.280 --> 00:54:32.200
So at 12.59, all of you are gonna ping me in the chat

961
00:54:32.200 --> 00:54:33.240
and say online.

962
00:54:33.240 --> 00:54:35.320
You're gonna type online, and I'm gonna remember that,

963
00:54:35.320 --> 00:54:37.400
and then I'm gonna talk about that, okay?

964
00:54:37.400 --> 00:54:39.000
All right, thank you, Libby.

965
00:54:39.000 --> 00:54:40.680
That's a really important question.

966
00:54:40.680 --> 00:54:43.400
So here's the thing.

967
00:54:43.400 --> 00:54:45.440
In the common law realm,

968
00:54:45.440 --> 00:54:47.360
when we're not talking about federal registrations,

969
00:54:47.400 --> 00:54:51.680
in the common law realm, it's first person to use.

970
00:54:51.680 --> 00:54:53.920
It's a battle of who used it first.

971
00:54:53.920 --> 00:54:58.400
So if Karen, Coach Karen, used it first in, let's say,

972
00:55:00.000 --> 00:55:05.600
say Queens, New York, and then Peter uses it first in Brooklyn, we're both fine.

973
00:55:06.320 --> 00:55:11.840
But if Peter tries to step into Karen's turf, so to speak, which is kind of ironic and brings me

974
00:55:11.840 --> 00:55:18.160
back to the gangs in New York when I grew up, so I digress. But if I tried to go into Queens,

975
00:55:18.160 --> 00:55:22.720
Karen's going to go, uh-uh, you can't come in here. I own this specific geographical region

976
00:55:22.720 --> 00:55:28.320
because I used it before you, right? But she can't stop me from using it in Brooklyn. She can't stop

977
00:55:28.320 --> 00:55:35.040
me from using it in the Bronx. She can't do anything about that. Now, what happens if Karen

978
00:55:35.040 --> 00:55:39.840
says, well, forget this. I'm tired of competing with Peter. I'm going to file a federal registration.

979
00:55:40.640 --> 00:55:45.520
So if she files a federal registration and I'm in, let's say, the Bronx and she's in Queens,

980
00:55:46.080 --> 00:55:52.800
now she owns all of the United States. So that means I can't, I'm stuck in Queens now. That's it.

981
00:55:52.800 --> 00:55:58.080
I can continue using it in Queens, but I cannot go into Brooklyn. I can't go into California.

982
00:55:58.080 --> 00:56:02.960
I can't go anywhere because now Karen owns the trademark everywhere in the United States,

983
00:56:02.960 --> 00:56:08.240
except in the specific geographical region where I used it before she got the federal registration.

984
00:56:08.240 --> 00:56:14.960
Does that make sense? I see a lot of heads going up and down. This is so incredibly important,

985
00:56:14.960 --> 00:56:20.960
people, because when people come after you and send you a cease and desist, determine when their

986
00:56:20.960 --> 00:56:26.240
federal registration was filed and when their date of first use is. I'm going to show you how to do

987
00:56:26.240 --> 00:56:31.760
that tomorrow. When you do that, you'll be able to determine whether or not they can stop you in

988
00:56:31.760 --> 00:56:36.640
the first place. The majority of the people, when they receive a cease and desist, freak out and

989
00:56:36.640 --> 00:56:41.840
they run away with their tail between their legs. You don't need to do that. If you've been using it

990
00:56:41.840 --> 00:56:48.960
before them, you have certain common law rights and they can't stop you. Now that just gave you

991
00:56:48.960 --> 00:56:54.400
some power right there. Some of you should feel some like element of relief. So when you get that

992
00:56:54.400 --> 00:56:59.200
cease and desist letter, don't freak out. There's certain homework you need to do before you need

993
00:56:59.200 --> 00:57:05.440
to change anything. All right, now let's talk about the federal registrations. The first to

994
00:57:05.440 --> 00:57:14.800
file for a federal registration wins, period. Okay, so if I want to file, let's say I come up with

995
00:57:14.800 --> 00:57:21.840
a name like Protection Portal. I have a trademark application for Protection Portal. You'll all

996
00:57:21.840 --> 00:57:26.960
learn about that later. It's not important right now. You'll learn about it later. Okay, so this is

997
00:57:26.960 --> 00:57:34.000
my trademark application, right? But let's say that Despina filed on it one day before me.

998
00:57:34.800 --> 00:57:41.200
Despina wins. This is why it's so important to under, look, she's celebrating. Stop celebrating

999
00:57:41.200 --> 00:57:48.080
at my demise. That's not fair. So this is why it's so important to understand that when you come out

1000
00:57:48.080 --> 00:57:54.960
with a trademark name, immediately file a trademark application. Now most people here will go, well,

1001
00:57:54.960 --> 00:58:02.800
hold it. Don't I have to use the trademark to file a trademark application? No, and that's the second

1002
00:58:02.800 --> 00:58:09.040
most important thing I'm teaching you today. Okay, you do not have to be using a trademark

1003
00:58:09.040 --> 00:58:14.960
application, a trademark to file a trademark application. You can file what's called a 1B,

1004
00:58:14.960 --> 00:58:22.800
a section 1B trademark application. It's called an intent-to-use trademark application.

1005
00:58:23.360 --> 00:58:27.920
Got that? That's all you have to write. Remember, type in the chat intent-to-use

1006
00:58:27.920 --> 00:58:32.240
so you don't forget this because there's something about seeing it and writing it

1007
00:58:32.240 --> 00:58:37.200
that will make you remember it. Intent-to-use, intent-to-use, intent-to-use, all right? So for all

1008
00:58:37.200 --> 00:58:41.920
you creatives here, a lot of the people here, as I mentioned when I went live in the Facebook group,

1009
00:58:42.880 --> 00:58:49.680
a lot of you are pioneers. I mean, literally in the spirit, I heard pioneers. And what I see in

1010
00:58:49.680 --> 00:58:54.640
that is really a lot of you are responsible for other people. You're breaking ground in an area

1011
00:58:54.640 --> 00:58:59.040
that nobody else has gone into and you're responsible for others. Those are pioneers.

1012
00:58:59.040 --> 00:59:04.000
You're doing something brand new and you're essentially being ordained in the protection

1013
00:59:04.000 --> 00:59:09.760
area. So now you can help others in this area so they don't get in trouble. Like Rowena, who was

1014
00:59:10.080 --> 00:59:15.520
in my first challenge, she's amazing. She's taught so many people and they're so much better off

1015
00:59:15.520 --> 00:59:20.400
because of that. So with that being the case, I should start seeing something typed in the chat

1016
00:59:20.400 --> 00:59:28.480
right now. So with that being the case, when you understand that there's a thing called

1017
00:59:28.480 --> 00:59:35.200
intent-to-use applications for all you creatives out there who come out with this new name and

1018
00:59:36.160 --> 00:59:41.600
you think to yourself, hold it, I know this name could be used for coaching,

1019
00:59:42.240 --> 00:59:46.800
for life coaching and for making people's lives better, but I'm not using it yet.

1020
00:59:46.800 --> 00:59:53.920
You can file a trademark application now. It's called an intent-to-use application. File an

1021
00:59:53.920 --> 00:59:59.840
intent-to-use application. Why am I saying that? Probably one of the most difficult things

1022
01:00:00.000 --> 01:00:07.200
for people to be able to do is to come out with a brand new name that nobody else has ever used.

1023
01:00:09.120 --> 01:00:14.160
I will tell you that it's easier, and this is probably going to be contrary to what you believe,

1024
01:00:14.160 --> 01:00:17.680
it's actually easier to come out with an invention that is patentable than to come

1025
01:00:17.680 --> 01:00:22.640
out with a brand new name that has never been used before. And that should blow your mind.

1026
01:00:22.640 --> 01:00:26.240
Like people spend hundreds of thousands of dollars on engineers to come out with a brand

1027
01:00:26.240 --> 01:00:32.240
new technology so their company can own the technology and then stop others from making,

1028
01:00:32.240 --> 01:00:36.320
using, selling, or importing that technology so that company can take off and make money.

1029
01:00:36.320 --> 01:00:39.360
But their marketing team can't come up with a name for the invention.

1030
01:00:41.440 --> 01:00:46.720
I mean, this happens all the time. I've represented Boston Acoustics, MIT, like big

1031
01:00:46.720 --> 01:00:53.680
names, Stonyfield. I represent Constant Contact. Like I represent all these big name companies.

1032
01:00:53.680 --> 01:00:58.160
You know their biggest issue? I've got this brand new software app. I don't know what to

1033
01:00:58.160 --> 01:01:04.400
call it. I've got this great new invention. I don't know what to call it. That's their biggest

1034
01:01:04.400 --> 01:01:08.480
issue. So with that being the case, if you creative minds here, and I know there's a lot

1035
01:01:08.480 --> 01:01:13.840
of them in this specific group, you come up with a new name and you think it's important,

1036
01:01:14.640 --> 01:01:18.160
as long as you can figure out either the goods or the services associated with it,

1037
01:01:18.880 --> 01:01:23.760
file a section 1B trademark application. Tomorrow I'm going to show you how to do that

1038
01:01:24.960 --> 01:01:28.880
so you understand it. We're probably going to go three minutes over since

1039
01:01:28.880 --> 01:01:32.640
today was a lot of intro. So I want to respect your time. If you have to jump off,

1040
01:01:33.760 --> 01:01:38.080
and if you're in the VIP, you can do your bio breaks, whatever other things you need to do.

1041
01:01:39.760 --> 01:01:42.880
Give me one second, Larissa. Then I know what you're going to say. So just give me one second.

1042
01:01:44.000 --> 01:01:47.120
I'm going to close on this one issue with regard to intent to use, and then we'll go

1043
01:01:47.120 --> 01:01:53.440
into the logistics. So for the intent to use application, the only thing you have to remember

1044
01:01:53.440 --> 01:01:58.400
is after you file an intent to use application, when it gets approved, you have to show proof of

1045
01:01:58.400 --> 01:02:04.000
use within three years. That's all you have to remember. So intent to use application,

1046
01:02:04.000 --> 01:02:08.720
three years. As long as you know you're going to use it within three years, you're fine. File

1047
01:02:08.720 --> 01:02:14.960
your application now. It costs you $275. Later, you can actually turn it into an actual use.

1048
01:02:15.200 --> 01:02:20.320
Okay. All right. With that, let me stop there, and in a second, I'm going to go into the online

1049
01:02:20.320 --> 01:02:26.240
issue. Some of you here are going to want to be in VIP. I'm not trying to sell VIP. We have lots

1050
01:02:26.240 --> 01:02:30.400
of people in VIP. I'm just telling you, some of you are going to want to be in there. Why?

1051
01:02:30.400 --> 01:02:37.040
We're going into specific situations now. We're going to go into like, there's about, I think

1052
01:02:37.040 --> 01:02:43.360
there's about 15 people that are in it or more right now. The link, thank you, Larissa. Larissa

1053
01:02:43.360 --> 01:02:50.080
just dropped the link. Okay. So you cannot go back into the funnel and then try to apply for

1054
01:02:50.080 --> 01:02:56.000
VIP. You need a separate link for that because it was an OTO. It was to make it easier for you.

1055
01:02:56.000 --> 01:03:00.160
So you need a separate link if you're trying to go into VIP now. So if you go in there,

1056
01:03:00.880 --> 01:03:05.280
you're going to get, when you sign up, you're going to get an email. It has the separate login

1057
01:03:05.840 --> 01:03:10.720
right in there. Okay. And so you'll get that immediately and you can log into there. And the

1058
01:03:10.720 --> 01:03:15.680
VIP will go into the specific scenarios. You can ask your questions. It's going to be live. It's

1059
01:03:15.680 --> 01:03:20.240
not going to be one way. You're going to be interacting. Okay. And that's where we're going

1060
01:03:20.240 --> 01:03:24.160
to go into the trademark application part. All right. Larissa, do you want to add something

1061
01:03:24.160 --> 01:03:32.640
before I finalize on the online portion or you're all set? Point of clarification. Carol just asked

1062
01:03:32.640 --> 01:03:39.520
a question. Would you call that a clarifying or VIP type question? You see it near the bottom

1063
01:03:39.520 --> 01:03:48.800
of the chat. Carol Urie. Carol? Because we're covering items like that in the VIP, aren't we?

1064
01:03:49.920 --> 01:03:52.960
Yeah. That's what we're covering the VIP. Yeah. But what I'll do,

1065
01:03:53.520 --> 01:03:56.640
there's more than one person who's probably going to run into this issue, Carol.

1066
01:04:00.240 --> 01:04:05.520
Yeah. This is a VIP thing. This is very specific to what you're doing in particular.

1067
01:04:06.320 --> 01:04:13.840
So, Carol, unmute Carol for a second, because there's other people who are in 100x as well and

1068
01:04:13.840 --> 01:04:21.600
who are coaches. I don't do that anymore. I was just wondering because it was just clarifying

1069
01:04:21.600 --> 01:04:26.080
what you were talking about, because it was something a long time ago. And I did use this

1070
01:04:26.080 --> 01:04:29.680
business for a little while, but I've switched away from it now. I went back to it just because

1071
01:04:29.680 --> 01:04:32.880
I had it in my hand, but it's not what I'm doing anymore.

1072
01:04:35.840 --> 01:04:40.480
So, basically, is your general question that if you were using a trademark before,

1073
01:04:40.480 --> 01:04:43.280
can you file an application now? Is that what you're trying to get at?

1074
01:04:43.280 --> 01:04:51.440
Well, no. What happened was I was using that name and I bought the URL, Carol's Photo Solutions,

1075
01:04:51.440 --> 01:04:55.920
and I used it for a long time. And then Creative Memories started using it as a

1076
01:04:57.280 --> 01:04:59.840
kind of phrase they use.

1077
01:05:00.000 --> 01:05:03.620
and they told me I couldn't use that as my business name

1078
01:05:03.620 --> 01:05:04.460
or email or anything.

1079
01:05:04.460 --> 01:05:06.260
But you had been using it prior.

1080
01:05:06.260 --> 01:05:07.100
A long time ago.

1081
01:05:07.100 --> 01:05:09.340
I had been using it for like five years at least, probably.

1082
01:05:09.340 --> 01:05:11.780
Yeah, so yeah, as long as you have continuous use,

1083
01:05:11.780 --> 01:05:14.400
the way the law works is it looks like continuous use.

1084
01:05:14.400 --> 01:05:15.740
If you have a break,

1085
01:05:15.740 --> 01:05:18.120
let's say if you have a three-year break between use,

1086
01:05:18.120 --> 01:05:21.740
then you cannot claim that you continue using it.

1087
01:05:21.740 --> 01:05:25.920
But as long as it's continuous use, you own the rights.

1088
01:05:25.920 --> 01:05:28.380
So yeah, nobody could stop you from,

1089
01:05:28.380 --> 01:05:30.200
but remember it breaks down to,

1090
01:05:30.200 --> 01:05:32.140
and this is what we're going into tomorrow,

1091
01:05:32.140 --> 01:05:34.300
the recitation of goods and services.

1092
01:05:34.300 --> 01:05:37.500
So what specifically is it being used for, right?

1093
01:05:37.500 --> 01:05:38.540
So as an example,

1094
01:05:38.540 --> 01:05:42.220
you can't own the name Apple associated with produce,

1095
01:05:42.220 --> 01:05:43.860
but you certainly can use the name Apple

1096
01:05:43.860 --> 01:05:45.020
associated with computers

1097
01:05:45.020 --> 01:05:46.940
because it's not descriptive in anything.

1098
01:05:46.940 --> 01:05:49.380
Now somebody can use the name Apple

1099
01:05:49.380 --> 01:05:52.140
associated with a law firm as well

1100
01:05:52.140 --> 01:05:54.060
because that's a different service.

1101
01:05:54.060 --> 01:05:58.340
So while Apple owns the name Apple for computers,

1102
01:05:59.180 --> 01:06:01.580
I could use the app name Apple for law firms,

1103
01:06:01.580 --> 01:06:03.860
because it's completely a different area.

1104
01:06:03.860 --> 01:06:06.220
So that's something that we'll look into some tomorrow,

1105
01:06:06.220 --> 01:06:09.340
which is called recitation of goods and services, okay?

1106
01:06:09.340 --> 01:06:12.340
All right, let me close on this online thing real quick.

1107
01:06:12.340 --> 01:06:14.420
It's going to take two minutes

1108
01:06:14.420 --> 01:06:16.500
and then we're going to actually start out VIP

1109
01:06:16.500 --> 01:06:18.500
talking about it in more detail,

1110
01:06:18.500 --> 01:06:21.500
because this is a really, really important issue.

1111
01:06:21.500 --> 01:06:23.620
It's a big deal.

1112
01:06:23.620 --> 01:06:25.620
There's a lot of litigation in this area.

1113
01:06:25.620 --> 01:06:27.500
I want to make sure you understand this.

1114
01:06:27.540 --> 01:06:31.100
Okay, online sales.

1115
01:06:31.100 --> 01:06:32.460
And when we start tomorrow,

1116
01:06:32.460 --> 01:06:34.300
I'm going to start in this area again, all right?

1117
01:06:34.300 --> 01:06:36.940
I want to get you thinking about this, okay?

1118
01:06:36.940 --> 01:06:40.860
So we'll start out tomorrow talking about online sales

1119
01:06:40.860 --> 01:06:43.580
and where do you actually need to own the trademarks?

1120
01:06:43.580 --> 01:06:45.540
Okay, we'll start out there.

1121
01:06:45.540 --> 01:06:48.980
So I'm located in New Hampshire and Massachusetts

1122
01:06:48.980 --> 01:06:51.060
and I'm providing this service.

1123
01:06:51.060 --> 01:06:53.380
And there are people literally all over the world.

1124
01:06:53.380 --> 01:06:56.820
I have people in Africa here, Australia here.

1125
01:06:57.020 --> 01:06:58.700
Praise God, all over the world.

1126
01:06:58.700 --> 01:07:00.940
So very blessed by this.

1127
01:07:00.940 --> 01:07:04.380
I mean, it's humbling, but separate from that,

1128
01:07:05.460 --> 01:07:07.740
where do I want to own the trademark, right?

1129
01:07:07.740 --> 01:07:09.340
Where do I actually want to own it?

1130
01:07:09.340 --> 01:07:10.700
Well, by all means,

1131
01:07:10.700 --> 01:07:14.500
I'm definitely going to own it in the location where I am,

1132
01:07:14.500 --> 01:07:16.700
because I want to make sure that other people in my region

1133
01:07:16.700 --> 01:07:18.500
do not utilize that.

1134
01:07:18.500 --> 01:07:19.820
But the other thing I want to look at

1135
01:07:19.820 --> 01:07:22.340
is where the service is being purchased from.

1136
01:07:22.340 --> 01:07:26.580
So if the majority of my clients are, let's say, in Canada,

1137
01:07:27.340 --> 01:07:28.500
because I know I have like eight or nine people here

1138
01:07:28.500 --> 01:07:29.340
that are from Canada.

1139
01:07:29.340 --> 01:07:31.020
Where are my Canadians?

1140
01:07:31.020 --> 01:07:31.860
Raise your hand.

1141
01:07:35.700 --> 01:07:38.060
Let me see, let me see, let me see, let me see.

1142
01:07:39.700 --> 01:07:40.980
Oh, a lot of people are muted.

1143
01:07:40.980 --> 01:07:42.460
Okay, well, I can see some of them.

1144
01:07:42.460 --> 01:07:43.300
All right, cool.

1145
01:07:43.300 --> 01:07:45.140
So there, which is one of the reasons

1146
01:07:45.140 --> 01:07:47.700
why we have a Canadian associate coming tomorrow.

1147
01:07:47.700 --> 01:07:51.380
So now if a lot of my services are being provided in Canada,

1148
01:07:51.380 --> 01:07:54.460
it makes sense for me to get rights in Canada

1149
01:07:54.460 --> 01:07:55.940
so that I don't have competition

1150
01:07:56.300 --> 01:07:59.100
when it comes to the name that I'm utilizing in Canada.

1151
01:07:59.100 --> 01:08:02.420
Okay, I represent what's called US First,

1152
01:08:02.420 --> 01:08:04.180
US First Robotics.

1153
01:08:04.180 --> 01:08:06.820
I don't know if some of you know First Robotics.

1154
01:08:06.820 --> 01:08:09.700
So Dean Kamen runs that,

1155
01:08:09.700 --> 01:08:13.060
and it's run by Logo, actually sponsors it.

1156
01:08:13.060 --> 01:08:14.900
Lego actually sponsors it as well.

1157
01:08:14.900 --> 01:08:17.060
They're international.

1158
01:08:17.060 --> 01:08:21.060
They do a lot of business in foreign countries.

1159
01:08:21.060 --> 01:08:23.899
And so we own rights, not just in the United States,

1160
01:08:23.939 --> 01:08:28.540
but we have rights in Australia, in Europe in general,

1161
01:08:28.540 --> 01:08:30.060
in specific countries of Europe.

1162
01:08:30.060 --> 01:08:32.420
I mean, we have rights all over the world.

1163
01:08:32.420 --> 01:08:34.140
Why?

1164
01:08:34.140 --> 01:08:35.300
Because one of the other things

1165
01:08:35.300 --> 01:08:36.540
that we're gonna talk about tomorrow,

1166
01:08:36.540 --> 01:08:37.700
which is domain names,

1167
01:08:37.700 --> 01:08:39.580
people will knock off the name of your company

1168
01:08:39.580 --> 01:08:40.979
through domain names.

1169
01:08:40.979 --> 01:08:42.420
If you have a federal registration,

1170
01:08:42.420 --> 01:08:44.620
you can use ICANN to stop them.

1171
01:08:45.500 --> 01:08:47.859
You can actually file a domain name dispute,

1172
01:08:47.859 --> 01:08:49.460
which we'll talk about tomorrow.

1173
01:08:50.979 --> 01:08:53.779
So basically what I would look at is where are you located

1174
01:08:54.660 --> 01:08:56.740
and where are your top areas of sales?

1175
01:08:56.740 --> 01:08:57.939
Where are they?

1176
01:08:57.939 --> 01:08:59.939
Where are your top sales going to?

1177
01:08:59.939 --> 01:09:03.700
Those are the two regions that I would actually seek rights.

1178
01:09:03.700 --> 01:09:06.140
Personally, that's what I would do.

1179
01:09:06.140 --> 01:09:07.979
All right, you could spend a ton of money

1180
01:09:07.979 --> 01:09:09.420
filing for rights all over the world,

1181
01:09:09.420 --> 01:09:12.899
but I would find the most important ones and do that there.

1182
01:09:14.979 --> 01:09:16.540
All right, we're gonna stop there.

1183
01:09:16.540 --> 01:09:19.020
We've covered a number of things already.

1184
01:09:19.020 --> 01:09:20.220
What I would love for you to do

1185
01:09:20.220 --> 01:09:22.859
is go live in the Facebook group.

1186
01:09:23.819 --> 01:09:26.420
Your big takeaways, go there and just say it

1187
01:09:26.420 --> 01:09:28.420
because it's gonna reiterate things for others.

1188
01:09:28.420 --> 01:09:29.979
It's gonna reinforce them.

1189
01:09:29.979 --> 01:09:31.779
It's also gonna allow me to see whether or not

1190
01:09:31.779 --> 01:09:33.979
there's certain things that need more highlighting

1191
01:09:33.979 --> 01:09:35.340
that we did go over.

1192
01:09:36.340 --> 01:09:38.220
If you're a VIP, like I mentioned,

1193
01:09:38.220 --> 01:09:40.060
we're gonna be going over some of these things again

1194
01:09:40.060 --> 01:09:42.700
in more detail and going through your questions.

1195
01:09:42.700 --> 01:09:45.779
But I just wanna make sure that you're getting this.

1196
01:09:45.779 --> 01:09:47.620
The major things that we talked about today

1197
01:09:47.620 --> 01:09:49.819
were common law rights, right?

1198
01:09:49.819 --> 01:09:53.620
Tomorrow we'll talk about how to use the Circle R and the TM,

1199
01:09:54.460 --> 01:09:56.740
how to make sure you don't get sued

1200
01:09:56.740 --> 01:09:58.660
for improperly using a Circle R.

1201
01:09:58.660 --> 01:10:00.500
Did you actually know that?

1202
01:10:00.000 --> 01:10:03.320
and you don't have a federal registration, you can get sued.

1203
01:10:00.500 --> 01:10:01.500
If you use a Circle R-

1204
01:10:03.320 --> 01:10:06.520
It's called tortious interference with business practice.

1205
01:10:06.520 --> 01:10:07.840
We know a lot of big words.

1206
01:10:07.840 --> 01:10:08.680
It's amazing.

1207
01:10:08.680 --> 01:10:12.360
So I think we just come up with big words.

1208
01:10:12.360 --> 01:10:13.360
So we seem important.

1209
01:10:13.360 --> 01:10:14.800
I think that's really it.

1210
01:10:14.800 --> 01:10:17.480
So with that, I'm gonna let you go

1211
01:10:17.480 --> 01:10:20.000
and we'll see each other tomorrow.

1212
01:10:20.000 --> 01:10:20.920
Okay.

1213
01:10:20.920 --> 01:10:21.760
Bless all of you.

1214
01:10:21.760 --> 01:10:22.960
CIP starts at.