All right, all right, well, welcome to the first VIP session, this is kind of exciting
because I know all of you are actually implementing things and have live situations where you're
trying to figure things out.
So before we jump in, let's take like a minute or two and like, just go live and mention
your main takeaways from what we went through in the challenge, because I want to see what
things really resonated with you, were really important.
Actually, Jennifer, can you see if you can unmute yourself on your side, or if I have
to?
I can.
You can.
Okay, good.
I just want to make sure.
All right, let's see.
Hold on.
Larissa is pinging me.
Let me just check on what's going on.
Larissa, hold on one second.
Okay.
Peter, is there anything you want help with until Larissa gets here?
Like, do you want to get started?
And I don't know if you can- if there's anything I can do for you.
But I'm happy to help for whatever you need.
Okay, she's all set.
Yeah.
I just had to send her- send her one more thing.
We can get started.
Thank you so much for that.
I really appreciate that.
There she is.
All right.
Yeah, apparently there were a number of people that wanted to get in here but didn't know
how to sign up afterwards, which always happens on day one.
It's always day one.
People are like, well, I want in the VIP.
And so I think we're all set now.
I think- I think we're all set.
So I'm going to make you close, Larissa.
Thank you for helping all those people that needed help.
I really appreciate that.
And now you are co-host.
You're all set.
All right.
I'm going to get started.
Now I need to go help them again.
I gave them the same wrong link I was using.
Okay.
Go ahead.
Okay.
So, go for it.
All right.
So, yeah, let's take a few- a few minutes just to- any of your main takeaways, things
that were really important, things that stood out, things that you're like, what?
Like I didn't know that was the case.
Just go ahead and raise your hand, I'll acknowledge you, and then you can- you can give us some
of that feedback.
Go ahead.
All right.
Go ahead, Joni.
Hi, everybody.
I'm so excited to be here.
It is absolutely amazing.
I think my biggest takeaway today was, no matter what, I think it would be a key to
file federal registration as opposed to just doing it state, even- it doesn't matter what
you're selling or what you're doing.
You got to protect yourself.
So, for me, that was huge.
I love that.
Thank you.
Yeah.
That's really good, Joni.
Thanks for sharing that.
That was really good.
Karen, you're up.
Hello, hello, everybody.
Let's- lovely faces and time together.
The take- a couple takeaways for me are, I, you know, I have several businesses, brick
and mortar, online, you know, things like that.
And some- one's a corporation, one's an LLC, and doing the federal, but also, I did not
know you can do the intent to use, you know?
So, I feel like every time I buy a URL, you know, and I know I'm going to use it for a
challenge, or I'm going to use it for a coaching program, or I'm going to use it for that,
then I might want to consider that, right?
You know?
So, for me, it's going to be- I'm really- the other thing is, there's so much- it opened
up more questions.
So, the biggest takeaway is, it answered some, but opened up more.
So, today, I'll be anxious to learn more as we go.
So, thanks.
Yeah.
No, it is a good point.
It's funny.
One of the- actually, multiple people, I think there were three people that said today, when
I asked them, you know, what kind of questions do you have for VIP?
They said, I don't know enough to know what to ask.
That was actually- and that was such a brilliant comment.
And so, one of the things I said to them in response was, as you learn, you're going to
know what to ask.
And that's very much the case.
Yeah, I already emailed you during the session.
Like, I'll probably be doing that.
Although, you know, okay, here's another question.
Here's another question.
Okay, what about this?
You know?
So, it's good.
It's great.
Yeah.
Yeah, that's awesome.
John, go right ahead, my friend.
Yeah.
What I liked, when you talked about those dreaded cease and desist letters, you know,
I shared with you my experience trying to do- we were going to be the smart cookie company
initially, had all these things coming at me, and I ran- like I said, I ran away.
from that.
But now that we have been doing what we've been doing
for the length of time we have,
any of those that happen in the future,
I can go back now and actually say,
but by the way, it's incorrect.
You know, I started using this then,
this is how I've used it.
And then it's like, I'm going to require you
to stop using it.
I was like, yes, dude, come on, that's it, that's it.
And if you don't behave,
my friend Peter's going to send you bills for use.
I love it, John, that is so awesome.
I love the empowerment, you know,
because what you see a lot in the industry
is people will hire a law firm, you know,
they just want to get the letterhead.
That's all they care about.
They don't care about the subject matter of the letter.
It's just the letterhead.
When you see the letterhead from a major law firm
and you get that letter and you're like,
oh, I better stop because it's from a law firm.
It's like, no, no, you spent so much time
and effort building this.
You don't just give it up.
Like there's a way to actually know what your rights are.
And so I'm so glad you mentioned that, John,
because that shows that there are people
that are in this exact situation right now.
Because there's fear, right?
You built this thing out for whatever period of time,
two years, three years, 10 years,
and now we're going to go into this process thinking,
dun, dun, dun, you know, at any point in time,
the rug could be pulled out.
But if you've gone through, so that was brilliant.
That was a happy dance, Snoopy dance time for me.
That's good.
That gives me a very vivid image.
I like that, John, I like that.
Libby, why don't you go ahead, please, my friend.
Hey, yeah.
But yeah, the whole thing about that common law right
and about, you know, if you haven't filed a trademark
and yeah, but you've been using it for a long time,
you know, you can push back on the big guys.
Yeah.
Yeah, yeah, that was one.
But I do have some questions.
So when you talk about a corporation,
you're talking about like Inc., you know, Incorporated?
Is that what you mean?
When I'm talking about a corporation?
Yeah, an LLC and, because I'm trying to work out
because I've got a proprietary limited company.
Sure, yeah, yeah, PLC, yeah.
That's an LLC, is it?
Your equivalent?
Well, there's different, right.
So you're, where are you again?
Australia.
Oh, you're in Australia, okay.
Yeah, so there's different categories of corporations
in different countries.
Like in Europe, there are specific types
that don't exist in the United States.
There's some in China, there's some in India.
Like even the Indian legal system,
it's very much like the old school English system.
It's really interesting how they work.
And so, yeah, whatever your corporate formation documents
are, basically you're creating an entity
so as to protect you and your personal assets
and keep the assets of the entity separate.
So if you ever get sued,
they can't get at you and your family.
So that might be, like in the United States,
that might be like an LLC
or might be something else in your country.
It may be a PLC.
In other countries, there's other names for them.
It just depends on your specific country,
what kind of corporate formation entities are available.
Yeah, yeah.
So when I refer to like an LLC,
it's kind of similar to like what you're talking about,
the PLC.
You just want to remember,
like tomorrow we'll have a representative of Canadian law,
but we don't have somebody for Australian law.
I can easily get them
because I have agents in literally every country
of the world, which is kind of rare,
but there's no country you can name
that I don't have an agent.
So I've literally agents in,
I mean, just by the grace of God,
like Malaysia, Indonesia, Pakistan.
Like if you want to file in Ghana,
I have agents in Ghana, like literally everywhere.
It's just, it's the blessing of practicing
for pretty much 25 years
and just the grace of God building relationships
with people all over the world.
So when people work with me,
and I'm not saying legally,
I'm just saying in general,
I can send them to the associates that I know.
All right, so Coach Jennifer,
how are you, my friend?
Hi, Peter.
How are you?
I'm great.
It's good to see you.
It's good to see you too.
Thank you for all of your time.
My gosh, already just so fabulous.
So good.
So my takeaways,
similar to what John and Karen had said
about just, A, it raises more questions.
Some of those I put in the chat.
So I don't know if I need to just recapture those again,
like I put them in the other chat or not,
but yeah, just making my head explode.
For me, one of the takeaways
was the difference between the trade name
with the Secretary of State's office versus a trademark.
I knew I had filed the one.
I think this was actually one of the questions I sent you of.
I'd filed that.
But now I understand I need to just just go do the federal trademark.
So that was good.
That was a huge takeaway.
I agree with John.
I like the empowerment of like, no, no, no, no, no, no.
Like this is these are my rights.
This is where I can stand.
And so what you said about that fear and just having that bit of confidence,
confidence, you know, especially where there's lots of jargon.
And as you said, letterhead,
you know, alone is intimidating.
And so that was good.
And I appreciated what you said about the referral network.
I didn't realize that like that.
I know enough to know like you can hire someone in a specific area,
but I appreciated the insight into how those referrals work.
And so that to me also, I'm assuming there's some indication then of quality
because if you give me a name in for tax law, if you're referring people there,
then I can probably also assume that person is a good person, a quality person,
because otherwise, yeah, based on what you were saying.
So it's not just get a name.
It's not like someone just looks through their Rolodex and goes, oh, here's five.
Pick one. Right. Yeah.
So that was exactly right.
And Jennifer, that is so incredibly important
because I don't think people understand the the importance of this
in the legal profession.
There's a lot of areas that you cannot fix.
Like if you do it wrong, you can't fix it in the trademark law area in particular.
If you file a trademark application and you have in your recitation of goods
or services and tomorrow, we're actually going to file an application together.
I'm going to show you online what they look like, how to search them.
You and VIP are going to have an extra opportunity.
But let me grab one thing here.
OK, that's good. Good. OK, good.
I just got the confirmation that the entire download for the the video
we just did worked. So I like to see that.
So so you all be getting that.
So what's so important is that when you file like the recitation of goods,
let's say like life is good, life is good, owns that name for T-shirts,
for bags, for like jackets, all sorts of things. Right.
Well, let's say you forgot something.
So you file a trademark application and you said for let's say for
T-shirts and hats, but you forgot bags.
You can't fix it.
Like you can't go back and add them.
You have to file a separate trademark application.
This is why it's important to make sure whoever you're hiring knows
what they're doing, because I'm in the master's mind,
like, you know, with Pedro's group and in there, I represent
a number of the people in there. Right.
They just asked, hey, Pete, will you start representing us?
Yeah, sure, sure. I'll help you out.
But some of them had trademark applications
that actually didn't cover everything they did.
And then we have to worry about is, well, somebody sees that name
and they go, wow, that's a great name.
They're not doing it on hats.
Let me file a trademark application for hats.
And you go, well, hold it. I'm selling hats.
And so you look at your recitation of goods and services and in there,
you notice you have T-shirts, you have bags, you have jackets,
but you forgot hats.
So now it's now you're in a legal battle because you just forgot that.
Well, when you hire an attorney, the attorney should look at your recitation
of services and say, OK, I see jackets, I see T-shirts.
Are you sure this is it?
Because like you're talking about outerwear.
So what about like this?
What about that?
What about, you know, this and that and that?
And those are that's the interaction you want from the lawyer.
So there's certain things you can do on your own,
but there's certain things that are valuable that a lawyer brings to the table.
And so if you just hire somebody like there's a lot of attorneys
that will just file and take the money, but it's and they're not doing
something wrong, they're just not bringing more value.
But when you hire somebody that a lawyer refers.
For you now, you've got two levels of accountability.
You've got the lawyer who referred them where you can call them up and say,
hey, you sent me to this knucklehead.
Why is this not working?
Like what is going on here?
I thought you said he's good.
Now it's so if I refer somebody, I'm going to make sure
I'm sending them to somebody who is really good.
You know, so that you want to be able to roll up on that,
but then separate from that, you know, that person that that you're hiring
actually has done it for a while, has a good history.
So not only do you have the accountability to the person that you know,
but you also know that that person has a reasonable billing rate.
And then I'll add one more thing for all of you,
and then we're going to jump into the questions in detail.
Not only make sure that they have the experience,
but ask them what it's going to cost.
Like.
when you go to how many people when you went to shop for your first home said oh yeah i like that
price i'll take it how many people did that anybody here i mean maybe pedro does but i'm pretty sure i
don't that's like i i that's not how i do business so it makes a lot of sense to say okay i want to
file a trademark application what is this going to cost me beginning to end because you're following
the application but then it gets it has to get examined by the united states patent and trademark
office after it gets examined you might get a rejection there's a cost to follow response to
the office action then once it's allowed if it's an intent to use application you have to change
it to an intent to use application to file that costs money so ask if i file an intent to use
application with you what does it cost beginning to end when do i get hit with different bills
like ask these questions like okay i filed the application how long is it going to take to get a
first office action the lawyer is going to say how in the world did you know what an office action was
that's the first question the lawyer is going to go because now you just went from this kind
of client to this kind of client all of a sudden the lawyer is is thinking okay i can't i can't
just tell them oh i'm doing whatever i want to do they know what an office action is most people
don't know what an office action is so and when you call up your attorney you say hey i want to
file a section 1b application now you're really going to blow their mind they're going to go
how in the world do you know what a section 1b application is how do you know what an intent to
use application is that means i've really got to use like the white gloves with this person
because they know what they're doing it changes the it changes the relationship with the attorney
it just does so for that reason i would throw some of the terms out there you know it's it's
going to help you okay and with that i am going to start jumping into some of these questions
and like i said tomorrow all of you get the the wonderful opportunity to partake in a
trademark application why is this important um let me pin myself for a second actually
larissa can you pin me now since i'm going to be doing a lot of the the solo speaking now
thank you
and then when when i have specific individuals then you can just pin them in too okay
put them on a spotlight um a lot of laughing yes an email will go out as soon as like five days end
ish when peter has finished the downloads and stuff and you'll have links to both the challenge
and the vip session for each day and you too you'll find out why he doesn't put these in facebook
thank you all right can you pin me up now am i pinned can you guys see me in the middle right
now or am i or am i in gallery i'm in the middle all right awesome great thank you larissa all
right so i'm going to start going through some of these questions because and first of all your
questions were amazing um these are real life situations clearly some of you have gone through
some bad situations i can tell because some of these questions are like why did they get away
with this why did they get away with that and so we're going to walk through them one by one
um just so you understand tomorrow for the trademark application if you do have your
own application um it's going to be beneficial to have that ready beforehand because we're going
to go step by step i'm going to share my screen i'm going to go through every single check box
with you one by one i'm going to explain to you what every field means and since you're in the vip
you're going to get the recording okay so you can look back at it later so if in the future you want
to file a trademark application you can look at it all right i love that patricia that's so good
thank you i love that all right i'm going to start out with um a question that i received recently
because i know a number of people here actually asked the same question all right so the question
is what if someone has filed a state application but not federal can i still sell products in all
the states or do i need to exclude that state where my name is filed okay all right so this
falls into the common law and common law versus federal area and john this was one of your questions
so i'm going to let you unmute like i mentioned before i'm going to let people do hot seats here
yeah for interaction but let me start out with the general summary so what if someone has filed
a state application so got a state application let's say it's florida but not federal got that
can i still sell products in all states or do i need so the first question is do you predate them
that's the first
question. Okay. So if you predate them, so let's say they get the federal registration or they get
a state registration in Florida, but you predate their use in Florida, then you can continue
doing what you're doing. Okay. Now just remember that you will be limited to the specific
geographical regions where you sold in Florida prior to their state registration. Okay. So in
Florida, there's a lot of areas in Florida, right? Right. Pensacola, there's like Cape Coral,
there's like all these places. So if you sold in all geographical regions of Florida
before them, and then they got a state registration, they can't stop you.
Chances are you didn't sell in every single geographical region of Florida. So that means
you could continue. If you were selling before them in Florida, before they got a federal
registration, you could still sell in those specific geographical regions where you were
selling in Florida, but nowhere else in Florida. Okay. So like the New York example I gave before,
where somebody else owned Queens, and then I get a federal registration, I can use it everywhere,
but they can continue using it in Queens. And in fact, I can't use it in Queens because they own
Queens. Same thing with you. The tricky part, the dangerous part in this area, John, and why there's
so much litigation in this area as a litigator. The reason why this is so dangerous is that you
need to be able to prove your use in interstate commerce, right? So you're going to have to show
that every single geographical region where you're saying you've been using it,
you've been using it. So that means sales receipts. That means trade show visits.
There's a lot of ways you can show actual use in interstate commerce, but it can be a real pain.
And this is where the lawyers make a lot of money because it's a battle of evidence.
Okay. So this is why I tell people, if you're going to sell something across state lines,
go federal all day long. If you're only selling in state, you really can't go federal because
you don't have any use in interstate commerce. But the second you go across the lines immediately,
275 bucks online. So simple. Your life will be a lot easier. No more battles.
Yeah. Go ahead, John. Did you follow up to that?
Yeah. So basically getting to that point about Yummylicious Cookies, as we go through and we
file that, let's say there's been somebody in Waco, Texas that has a Yummylicious Cookies shop.
I don't think they exist. I continually check. But there's nothing federal. There's nothing else
that's crossing that. Let's say they've been established since 2005. And so then I file this
federal thing. So my question really is those little tiny pockets. And again, I don't expect
them to push back unless somebody franchises in Waco, Texas, our product. But if they did come
back and say, no, we're turning it around on you. Here it is, 05 Yummylicious Cookies. We've been
selling in the Waco region. Then I have to exclude them from my websites or my franchise.
You got it, brother. You got it. And you just named something that's very difficult
for implementation. And that's the website. Because if you're selling things online,
I can tell you how people do this. Again, none of this is legal advice. And just to be clear,
one of the things that I always do before I start VIP is I ask people to type in the chat,
not legal advice. So please, everyone type in not legal advice. There's a real reason why I'm
doing this. Because unless you are my clients, I cannot give you legal advice. The ethical
standards for lawyers are off the charts. And so I have to be very careful. So what I'm doing is
I'm telling you how the law works. Then you speak to your lawyers to figure out how you do things.
So what you're talking about is basically a situation where under common law, somebody's
been using a certain trademark, you get a federal registration, and then you want to sell. But the
question is, how in the world am I in implementation? If I'm selling online, how in the world am I
supposed to shut down Waco, Texas? Like, how do I do that? Like, I can't really implement that.
This is where procedures internally within corporations become very important.
So your shipping department, your individuals will handle this. When your sales come in,
and somebody has in their Waco, Texas, then you have to tell them, look, we, you know, well,
there's two ways you can do this. Actually, that's really creative. There's two ways you can do it.
this. I'm going to do you one better, John. You want more
cookies, aren't you, Peter?
Brother, your cookies are good, man. So I got in a battle with
my one of my daughters over a cookie. That's pretty sad. So
you could I don't know if this will work. We'd have to talk in
more detail. But one of the things you could potentially do
is send cookies to that region without any labeling without any
marketing without anything like that, right? The problem, though,
is that you're marketing on your website, the service, so it's
really not gonna work. Yeah, you would have to have a generic,
you would have to have a generic brand that you make available to
the regions where you can't sell. Yeah, you know, but it,
John, that would be so messy, that the simple way to do it is
just don't sell in that region. Because, you know, it comes down
to likelihood of confusion. That's the analysis. And
tomorrow, we're going to go through how you determine
whether or not there's a likelihood of confusion to
determine if there's infringement. And if you cannot
determine that, clearly that you don't infringe, I wouldn't play
with it. You're, you're well on your way. Don't you don't want
to have these kind of, right, these kind of things, jump up.
Larissa, you're, you're raising your hand. What's up?
We potentially still ship there? No, no, no. Okay. No. Yeah.
There's plenty of other areas to sell, right? There's plenty of
other areas. Oh, yeah, there's plenty of other areas. And you
don't need to tell the world why you're doing this. But the the
main thing is, if that company reaches out to you and says,
Hey, you're selling in my, in my, in my geographical region,
you can say them No, I'm not. It's like, look, you know, even
any orders that come in, I don't take them in your region. Yeah.
But by the way, you may actually want to work with me. Because I
own the federal registration for that trademark. And you know,
and maybe we can do something together. Maybe we can work
together. You know, see, one of the things that people don't
realize is that ownership of intellectual property doesn't
need to be animosity. It can be the building of a relationship.
I just walked somebody two weeks ago, into building a
relationship where she's in a different country from another
party. And now they're working together. Now, another party,
another person might try to do that didn't work. But every once
in a while, you can build a powerful empire, so to speak, by
having strong alliances, it doesn't always have to be stop,
or I'm going to sue you. Yeah. All right. Let me go to somebody
else kingdom. That's really kingdom, Peter. That's what it's
supposed to be brother, right? So opposed to flow, kingdom
flows, right? The enemy comes to stop everything kingdom flows.
So sometimes you need the reason why I have people in this or why
you're all in this protector idea challenge is not just to
come out there and boss people around. It's to know what you
own. It's to know the foundation is solid. Once you have that you
can negotiate. If you don't even know what you want. How can you
negotiate if you don't even know what you want? So my my
desire is to equip you to understand what you own first.
Alright, so let me go into another one here. All right,
Jennifer Flannery. So Jennifer, you send me like a book. Okay,
so
technically only two more questions and john sent you he
told me yes, that's true. I think you compared notes. I'm
just saying, I think you compared notes. So this is what
I'm going to do because I'm going to address a number of
your things. But I want you to tell me which of which two of
these is the most important to
I don't have my list in front of me. One of them you answered
already in the regular session about where your clients are
like the international piece because that's a concern. For
me. Um, so you can you can pick off the list because I'm gonna
read some as an example, you have one of the questions says,
right now some of the work I've created, I've given for free as
a resource to those and I'm not going to say where, but other
things I've created and will create. I know I want to
protect. Okay. So
let me talk about coaching in general. I'm going to talk about
trademarks and copyrights. We're going to learn about copyrights
on Wednesday, but I'm going to give you a preview now. Okay.
And everybody should hear this because I know a number of you
are coaches. And I know a number of you speak to a lot of other
individuals are either heading up ministries where you're
helping others or guiding others. So you're training
others. Okay. Now as a coach, you come up with your own
programs.
you come up with your own materials, you come up with your
own flowcharts, your own, you may even come up with your own
videos. You know, you come up with content, original content.
Okay, how many of you here are coaches? Just raise your hand
for a second. Look at that. Oh my gosh, that's a lot. That's a
lot of coaches. Okay. That must be part of why the name pie the
word pioneer came up so strong in the spirit. All right,
because you are training others. So as a coach, when you create
your materials, let's say that I'm doing a training, well,
there's a perfect example, I'm running a challenge with you.
I've sent you that worksheet, you see the worksheet that I
sent you over that actually shows you all the different
areas of intellectual property, and you go straight up, and
you're like, this is a trademark, there's a copyright,
there's a patent. From that sheet right there. What do you
see on the bottom of that sheet? My copyright notice,
it's right there. Right? So that's letting everybody know,
you do not have permission to make a copy of what I've given
you, I've given you this, because I want you to use it for
your own benefit. If you go and you make a copy of this, and you
go and share it with other people, you're violating my
copyright. And you don't want to violate the raw the rights of a
lawyer. That's just a bad idea. In general. I know a lot of you
so you're fine. But the point of the matter is you don't want to
violate lawyers rights, okay, it doesn't make sense. So going
towards your question, Jennifer, you're coaching others, right?
So you have handouts, you have handouts that you give, you have
materials that you provide, right? Those handouts are
protectable by copyright. If there's a name or a logo on it,
that is potentially protectable by trademark. Okay. So let's say
you like, I have a thing called the protection portal, right?
What you all learn about later. It's people are trying to get
into that. So that entity has a name. So anytime I use that name,
I have a TM next to it until I get a federal registration, then
I use a circle are I, I kind of alluded to this quickly earlier
today, but I want to reiterate this. Do not use circle are if
you don't have a federal registration. All right, there's
a tort, it's an in litigation. It's called tortious
interference with business practice. It's called unfair
business practice, you can get sued for it. All right, you only
use a circle are after you get the federal registration, the
United States Patent and Trademark Office sends you the
registration certificate, then you can use it, don't use it
beforehand. And there's no such thing as a circle TM that does
not exist. There's a TM. All right. And so the TM goes, if
it's if you have a low, does everybody know what a logo is?
First? Yes. Does anybody not know? It's okay. If you don't,
does anybody here not know what a logo is? I'm not seeing
anybody say they don't know what a logo is. All right. So if you
think of the Nike swoosh, right, that's a logo. Okay, stands
alone. Now a logo can have a word in it. All right. It's
still considered a logo. When you have a logo, the TM or the
circle are goes to the right hand side of it. Okay. You can
either put it at the top right or the bottom right. Either area
is fine. You can even put it in the logo, it just messes it up.
I wouldn't put it in the logo. And there you go. See yummy
delicious. JOHN just showed you see top right. JOHN perfectly
well done. Now I got a question for you, brother. You see that
that swirly thing? The double swirl thing you have there?
Yeah. Does that have its own that logo? Does that have its
own registration? Not yet. You filed for it though, right? Not
yet. So that's the one thing. That's the closer come closer to
me so I can see it. Is there a TM there? Do you guys see it? We
put one on there just just to be quote unquote safe. But one
perfect that what he did is perfect. So you see how he used
a lot on his logo. He has a TM. But then the words yummy
delicious. You see the TM there as well. He put it on both. Why?
Somebody told me why somebody unmute themselves and tell me
why you put it on both the logo and the name.
There are two separate things.
They are there two separate things. So if somebody copied
his really cool swirly swirly thing over there, but they use a
different name, then he could stop them. And if somebody used
yummy delicious with a star, he could stop them because he owns
both. Okay, both of them are owned by him. That's that's
really important. So with that being the case, when you use
when you get a federal registration, you can use the
but again, it's to the right. So if you have the words, you want
to put it right at the top left.
top right, even with the letter.
If it's a logo, you can put it on the right top
or the right bottom, doesn't matter.
Either way, it doesn't matter, okay?
That's how you generally want the things to look.
So going back to Jennifer, Coach Jennifer's situation,
she's coaching a lot of people.
And a lot of you are coaching a lot of people.
Your materials are protectable by copyright.
We'll go into this on day three, all right?
So your, think of your copy.
If anybody knows copy here, Danielle knows copy.
She is like a copy monster, okay?
So she creates these copies for like all sorts of stuff.
You tell her a situation, she's like,
ba-ba-da-da-da-da-da-da-da-da-da.
You're like, how did you even think of that?
That's what she does.
Like, that's just her, that's what she does, right?
So all that stuff that, all that ba-ba-da-da-da-da-da,
all that is protectable by copyright, okay?
Somebody type in the chat, ba-ba-da-da-da-da-da.
I'm just kidding, you don't need to do that.
So with regard to your materials, your worksheets,
that's protectable by copyright.
The name, the logo, protectable by trademark.
The slogan, protectable by trademark.
The images, somebody hear me.
Somebody type in the chat, images.
The images, the images.
This is so important, people.
Many of you are very creative.
You create your own drawings, you take your own pictures,
and you add them to your materials when you're coaching.
Your images are separately protectable.
Please hear this.
If you file a copyright application for a 30-page book,
and there are two images in that book,
and somebody copies just one of those images,
you may not be able to stop somebody
for copyright infringement.
It's possible, why?
When we talk about copyright,
you're gonna learn more about this.
It comes down to the essence of the copyright.
And those two images in a 300-page book
may not be considered to be part of the essence.
So for that reason, you wanna file
a separate copyright application for each image
that's important to you.
And you'll be able to do it online for 65 bucks.
We're doing that on day three.
Okay, I'm gonna show you how to do that on day three.
So to go back to Coach Jennifer's situation,
the materials, copyright, right?
All the materials are copyright protectable.
The images, copyright protectable.
If it's an important image,
file a separate copyright application for it.
If you have a unique name,
it may be protectable by a trademark.
If it's something that you're putting on your services,
like if your services have a name, a unique name,
then that name, protectable by trademark.
Slogan, protectable by trademark, okay?
Flow charts, if you have flow charts in there
telling people, hey, you gotta do step one
and then step two, and after step two,
you gotta do step three,
and this is where you wanna go after that.
Everybody knows what flow charts are.
That flow chart, protectable by what?
Somebody type in the chat.
Protectable by what?
And just so we're clear,
we haven't even talked about this stuff yet,
but you guys are already learning this
because this is VIP.
Like this is real life VIP.
Copyright, exactly, Joe Martinez.
Patricia, you have a question.
Go ahead and unmute yourself, my friend.
Good afternoon.
I had sent you an email about,
like I write songs and lyrics.
I'm not a musician, so I need help with that,
but a lot of these things are things
that I wrote in the 80s, the 90s, the 2000s.
When I file those, the songs,
and do you file the music separately?
Do you do it together?
Okay, separate.
Yeah, you can file a copyright application for the words
and you can file a copyright application
for the song itself.
You can do it either way.
You can file it as one song with the words in it,
but then you've got the musical compilation
in the background, right?
The sound.
So what I would do is I would file one application
for the words and make sure nobody ever can use the words,
but then the audio, like the music behind it,
which is really important,
I would file a copyright application for that.
So now what you're doing is you're stopping anybody
from using a different like sound background, right?
With your words.
Oh, with my lyrics.
Oh, wow.
You got it, sister.
That's the thing.
See, you're stopping people from using your lyrics.
So if you file a copyright application for your lyrics
and then you've got a separate application
for your song, right?
So the song has the background music.
So people can use that music with the lyrics,
but if somebody tries to take the lyrics and uses it alone,
they still infringe your copyright.
And here's the best part.
It costs 65 bucks.
Wonderful, okay.
Do you know how much a lawyer would charge you
to actually do everything we just talked about?
More than I wanna pay.
So that's the point.
So that's the, and again, day three, we're gonna.
to talk about this, okay?
Okay, and then I had asked you,
do I, when I file it, I just put that year on it?
I don't do, like I wrote this in 1995, I put 2022?
Well, it depends.
We're gonna go into this more on day three
when we go through filing copyright applications,
but if you create it, what I would do is file
right down the date you created the work.
Okay.
All right, even though you're filing it now,
I would write, you'll see in the fields
for filing the application,
you'll see all the information there.
So we'll go into detail on that on day three.
Oh, okay.
And then I did mention, excuse me, were you done?
No, no, go ahead.
You can do one more.
Okay.
Okay, I wanna make sure you said everything
that you were gonna say because you're the leader here.
Okay, so I also, there's something that wasn't in your chart
and-
What is it?
Several years ago, God had me create a board game
for my teenage grandson that he really liked
and it was like based on math.
And so-
All right, let me go into that.
Board games are gonna blow your mind.
So board games should be what I call
a final exam question in law school, all right?
Honestly, that's what a board game should be
because the title of the game, trademark,
the owner's manual of how to use it, copyright,
the images that are used on the cover of the board game
when you buy it, copyright,
the logo that's associated with the board game
on the box, trademark,
the functionality of what's performed in the game, patent.
I mean, it's literally a final exam question in law school.
So what I'm gonna share with you in five minutes
is a scenario and what we're going to,
everybody probably has already seen this scenario
because I put it on the Facebook group,
but we're going to be taking that scenario piece by piece
on day five, after you've learned about patents
and trademarks and copyrights and trade secrets,
and you're gonna see that in one page,
you're gonna identify every area of intellectual property
because you've learned them all.
But I don't want to overwhelm you now
with all this at once.
We're still just touching base on trademarks.
So Patricia, I'm gonna go to Libby next.
Okay.
Libby, go right ahead.
Thanks so much, Peter.
This is such good value and yeah.
Yeah, no, thank you, appreciate it.
And yeah, I'll have to relisten because I tell you,
it's just so much information and yeah.
So my question is, you were going through
before the board games, like earlier on,
you were talking about the photographs, illustrations,
flow charts, et cetera, copywriting.
So do you copyright every individual,
every individual picture?
Like if you've got like five different flow charts,
20 different photos, how does that work?
Yeah, it's a good question.
So I'm gonna ask a question to everybody here in VIP
because I wanna honor all of you
and you've all paid for this.
We are going through copyrights on day three, okay?
And so you tell me if you want me to go through
this kind of material now or wait to day three.
The reason why is because a lot of the stuff
that we're covering in the VIP here,
we're gonna do in the normal challenge.
And so I wanna make sure that I'm answering questions
in the VIP predominantly on trademarks today.
And then I can do some things that are related
to trademarks, but I don't wanna like,
I don't wanna overwhelm you with stuff
you haven't even learned yet.
Do you know what I mean?
So if you have a lot of the questions,
I'm gonna answer your question Libby
because I love you, honor you, wanna do that, right?
But I think what we're gonna do is establish
kind of like a general overview of when we go over
copyrights, we'll ask questions on copyrights.
When we go over like patent stuff,
we'll go ask questions on patents.
Obviously, if we have extra time,
I'll answer anything you want.
I just wanna make sure that as I'm looking around,
I'm seeing some faces that are thinking like,
hold it, you're talking about copyrights.
I'd never even heard of that word.
Like, you know, and you're explaining things
that I don't get yet.
So I wanna make sure that as I'm doing the VIP sessions,
I'm covering things that we've talked about already,
plus maybe a little more, but not going so deep
that you guys get lost.
I don't want you to get lost.
So you tell me, like type in chat, like,
do you want a VIP?
All right, day three.
Yeah, if you want me to cover copyrights on day three,
just, yeah?
Okay.
All right, so that's what we're gonna do.
So what I'm gonna try to do for you,
and just to be clear, I could do anything you want.
I'm here.
for you. I really want to make sure you all succeed. I just want to make sure you don't
get so overwhelmed with so much material that you don't know what's forward and what's back.
And for that reason, I'm going to answer your question, Libby, but as we go forward,
we're going to cover in VIP what we've covered in that day, plus things that are related to that.
So when we're talking about copyrights, I'm not going to talk about patents,
you know, and I may give you a little preview, but I'm not going to go deep into that,
because I don't want you to get lost. All right. So with that, Libby, let's go back into your
question with regard to copyrights. So let's say you have a book, right? And there's like
150 pages, and there's like 15 images, right? Three of those images are really important.
Like they're, they are very valuable. And if somebody else stole them, you would be very upset.
Then I would file a separate copyright application on each of those three images.
I would file one copyright application for the book itself. And then I would file a separate
copyright application for each of the three images. Why? Because if somebody had one of
those images, you would be livid. You'd say, hold it. That's my drawing. That's my painting.
That's a picture of my husband. That's a picture of my child, like in my book. I don't want
somebody using that. I have a situation where somebody actually had a picture of his wife's
teeth on his dentist's website, and people stole it. And he called me up mad. My first question
to him was, why in the world do you have pictures of your wife's teeth on your website?
That was like my first question. After we got past that point, we filed a copyright application
for the picture of his wife's teeth. And then we told anybody who had a copy of it
that they had to stop. Now, we'll go into more detail about copyrights on day three,
but you actually don't have to file a copyright application to have rights under copyrights.
You file it when you want to enforce it so you can get attorney's fees. I'm not going to go
further on that for now. So with regard to questions on trademarks and anything related
to that, let's go back into that. Let me go back to Coach. Did she leave? Hold on.
Is Jennifer still here? I think she jumped out. She had to jump out. Okay, she must have had to
jump out. All right, that's all right. All right. So let me go into some of these other questions
here. All right, here's a question that's really covering copyrights. And let's go into one more
here. Okay. John, I'm going to go back to another question of yours, okay?
Because you hit a lot of really good trademark issues. All right. So one of the questions is,
what's the difference between TM and Circle R? Yeah, I think you answered that. Yeah. So I'm
going to dig a little more into this. Do you need to file a trademark application to use a TM,
yes or no? Type in the chat, yes or no. I hope it's no.
Because I'm screwed. I'm not saying anything yet. Just type in the chat, yes or no.
I'm not going to say a word. Okay. So the answer is no.
For John, just so John can survive another day. The answer is no. It doesn't happen to me. It
happens for me, right? That's good. That's right. That's right. So here's the deal, everyone. So
the moment that you start using a trademark in interstate commerce, either a logo, or a slogan,
or a name, slap a TM on it immediately. What are you doing? You're making the public aware
that this is your trademark. This is yours, okay? Now, the very first thing you should be doing is
what's called a trademark search, which we're going to do together tomorrow. We're going to
start out live. We're going to do a trademark search together. I'm going to take you through
the United States Patent and Trademark Office, show you the easiest way to do them, okay?
It's going to be a very top-level search, but it'll get you through day one, okay? You'll kind
of figure out what to do. Now, let's assume that you can actually use the name. Then immediately,
TM, immediately, all right? Don't wait. Why? You're placing the public on notice. Why is
notice important? Can somebody type in, if this is a difficult question, why is placing the public
on notice important? Somebody type it in the chat.
Time you started using.
It's your claim.
So they're forward against using it.
Time documents, intent to trade.
You're saying your intention,
like claiming ground when you're a pioneer.
That's good, John, I like that.
Yeah, no, they're all good points.
All right, let me tell you the real legal reason for this.
You cannot obtain damages for infringement
unless you place somebody on notice, okay?
So let's say that Cindy sued me
for using a name that she's using.
She gets zero damages if she never used a TM or a Circle R.
Why?
There's no way for me to know
that she has a federal registration
or an interest or anything.
How am I supposed to know?
Like, I need, somebody has to notify me.
So you use the TM because you're making the public aware
of the fact that you have certain rights,
either common law rights
where you haven't got a federal registration yet
or federal rights where you filed an application.
Just remember those two things,
common law, federal, common law, federal.
Common law means I didn't file anything yet.
Federal means I filed
with the United States Patent Trademark Office
or there's also state.
Now, if you're using a trademark for a service,
a lot of your coaches, like 90% of you are coaches.
That's highly unusual.
90% of you are coaches.
Bless you all, all right?
It's not gonna be uncommon
for you to see something that's different.
It's SM.
That's called a service mark, okay?
Now, you can provide a service and use a TM.
You don't have to use an SM.
It's just what some people do.
Some people say, well, I'm providing a service.
I wanna use an SM.
You wanna use an SM, use an SM.
But the majority of the world's using a TM, okay?
That's like some lawyers like to put Esquire
at the end of their name.
I don't, like, why do I need to do that?
It's just, if I'm in a legal battle, I might do it,
but otherwise I really don't do it all the time.
So if you use an SM, great.
But just understand, if you see an SM on somebody's logo
or in somebody's name or their slogan,
they're telling you that this is their property, back off.
Okay?
It's the same thing for you.
That's why you wanna use a TM or the SM or the Circle R.
If you don't use it, you're not gonna get damages.
Because as a litigator, there's a phase in litigation
where you walk through damages phase,
determining what the actual monies are
that you're gonna give to the other party
for the infringement.
And the first thing they ask is,
did you ever receive notice?
And I'm gonna say, no.
They had this name.
There was no TM, no Circle R, no nothing.
I had no idea it was a Federal Registered Trademark.
And so that decreases the damages.
So you wanna be careful about that, okay?
All right.
Now there's a thing called willful infringement.
This is the last thing I'm gonna teach you today,
because this is really important
for those of you that are running businesses, all right?
And then Mary, we'll get to your question, okay?
And Jeanette.
All right.
If you receive a cease and desist letter saying,
this here is my product, and this is my trademark,
you need to stop using it.
And you decide to continue using it.
That may be called willful infringement,
if you do infringe.
Why is willful infringement important?
The reason why it's important
is that if you are found guilty of willful infringement,
it goes from, it potentially goes from normal damages
for what the person either lost in sales
or what you may have gained.
It turns into what's called attorney's fees.
That's a whole other ball game, all right?
This is a really big deal, people.
This is really important to understand, okay?
In trademark litigation, you may spend,
let's see, I'm in a litigation matter right now.
They're probably spending
in the order of half a million dollars, all right?
Patent litigation typically is in the order
of 3 million to $10 million, okay?
Now, why is this a big deal?
That half a million dollars in attorney's fees?
Imagine not only losing the case,
but on top of that,
having to pay half a million dollars of attorney's fees.
That's what willful infringement can do to you.
So if you get a cease and desist letter, don't ignore it.
Make sure.
you review it, make sure you believe that you're in the right,
you know, make sure that you're okay before you continue using
it because you're now on notice. Tomorrow in VIP, I'm going to
explain to you how to do a cease and desist letter. You have to
be careful when you send them out. If you send out a cease and
desist letter where somebody honestly believes that they
potentially that you've placed them on notice. And there's an
imminent threat of being sued. They can actually file a lawsuit
against you. We'll talk about this tomorrow. And so don't
worry about that for now. Okay, just understand that if you get
a cease and desist letter, make sure you do the investigation
determine whether or not you truly infringe because you're on
notice. And that can lead to willful infringement and you
don't want that type of situation. Okay, Jeanette, how
are you, my friend?
I'm fantastic, of course. Awesome. My last name is really
Finn. I love that. And thank you so much for all of this. My
couple of quick questions. One, is there anything I should do to
be prepared to be walking through the trademark thing
tomorrow? Like open an account or something?
Well, that's a brilliant question. Nobody's ever asked
that question before. Wow. You're amazing. Awesome. You're
amazing. Hold on one second. I'm going to walk to the USPTO
website. And I'm going to go to trademarks and I'm going to go to
file apply online and log in and set up your Yes. Okay. So the
answer is yes. I was going to walk people through that
tomorrow. But for those who are ambitious, you can do it now. So
I'm going to drop a link for you. Right here.
Is that the same one I just like? And was that link seven?
No, it's it's different. What you dropped was what a
trademark is and the process for filing. I am dropping something
that says trademark application. First step. Control the enter.
Alright, everybody see that? So when you click on that, that's
the login for being able to file a trademark application. And so
you can set up a USPTO account. It's so simple. Like you give
them your email address. It's so easy. It takes literally like a
minute, but you can do it beforehand and be be ahead of
the game. So tomorrow, you can just jump right in. Okay.
Okay. And then the next little question is, so now I can
already go and put the little TM next to my innocent again, where
do I get the TM?
So you mean like on your materials? How do you put it in
there?
Yeah. And where do I Yeah, like on my website, I can go in and
edit my foot is the TM like on my good question. That's a good
question. Do not. That's a very practical question. Alright, so
what I would do, there's a few ways you can do it. You can take
the name, right? Let's say it was like Nike, you can take that
name, you can create an image out of the name, and then go
into paint or go into some other image editing program and then
add text to it and then use a capital T capital M and put it
on the top right equal to the to the to the letter, you can do
that, which is very straightforward to do that. And
then you can take that image and go into your funnel or your
website and use that image instead of typing the words. So
now it's an image. Okay, that's when one way to do it because
when you're creating websites, it's not as easy to create a
really small subscript and move it into the right position. So
the way that most people will do it is they'll take the word
that's associated with their trademark, and they'll turn it
into an image, and then they'll edit the image with the text,
and then they'll copy the image and put the image even though
it's a word, they've created it as an image, and they've pasted
the image there. Personally, I know how to actually create
superscripts and other stuff like that in funnels and
websites, so I can do it. But other people, you know, that'll
be your easiest way to do is to actually turn it into an image.
Then you can manipulate whatever you want. Yes, Larissa.
And like, TM is often in emojis as well. So could they also be
grabbed off an emoji website?
Oh, yeah. So you can actually, you can grab an icon. There's
icons that are available. Like if you go into Canva, I'm sure
everybody here
or most people here know about Canva.
If you go in Canva and you type in TM in a search,
it'll pop up.
You'll see all sorts of images with TMs on them.
You'll see some that are designer ones,
you'll see some that are just the letters,
and you can use that as an image
and add that right next to your trademark as well, okay?
All right, Mary, you are up, my friend, how are you?
I'm good, I'm good.
This is all really awesome,
awesome stuff that you've got here.
I actually was in your one before and I was so busy
that I didn't have time to take advantage of that.
So here I am again.
You're welcome, welcome.
Yes, yes.
I had two questions that are related,
and I know you talked about this in the prior one,
I need to, okay, but if we do this intent to use,
and you said it can't change one of them later,
maybe that was actually after you filed the real one,
but is the intent to use that-
Brilliant, I know where you're going.
About, yeah, because if we're going to do this,
I don't want to slap it out there and then go,
oh my gosh, I should have put-
Okay, so what Mary's talking about,
Mary's a little ahead of the curve.
So some of you are going to see this tomorrow
when we file a trademark application.
You can file an application
in multiple international classes.
What do I mean by that?
Well, the name Apple is used on laptops,
desktops, merchandise.
It's used on, it's also used on cell phones, right?
Yeah, thank you, Cindy.
I'm like looking up in the air
and Cindy is like putting it in my face.
It's right here, it's not up in the air.
So there's all these different things
that you can use the name Apple for, right?
They don't all fall under what's called
the same international classification, all right?
Tomorrow you're going to learn
what an international classification is, okay?
Whatever your service or good is,
when you type in that word under the website
that I'm going to show you,
the associated international classification
is going to pop up.
Okay.
So we're going to make your life much easier, all right?
So now what do you do with that?
Well, let's say that I use the name Apple on cell phones,
but I also use it on t-shirts.
Those are two totally different
international classifications.
So I would file one application on laptops,
the international classification for that,
which is likely like class nine,
and then a separate one for t-shirts, right?
Which off top of my head, I'm not sure what that class is.
And so those are two totally different ones.
Well, what if I'm already using the name for laptops,
but I haven't started using it on t-shirts yet?
That means I have an actual use application for laptops,
but an intent to use application for t-shirts.
Do you see that?
So there's two different, I have two different uses.
One of them I'm not doing yet,
because some of you are going to have coaching
that you're doing,
but then you might have merchandise
associated with your coaching.
So you might have t-shirts or caps or like jerseys
so that the people that enter into your challenges
or into your networks that are within your inner circle,
you're sending them for free a cap
that has your logo on it.
So now they're essentially,
they feel like they're part of something, right?
So not only do you want to have the trademark
for international class 35 or 41,
which is associated with services,
which we'll go into tomorrow,
but you may also want it associated with baseball caps
so that other people can't use that logo on baseball caps
because they see it associated with your services
and say, I want to throw that on a t-shirt
or throw it on a cap,
but you haven't made the caps yet.
That's where you combine.
That's when you can combine.
You file one copyright,
one trademark application for actual use.
And in that same application,
you have a second part, which is the intent to use.
Haven't made the baseball caps yet.
That class is intent to use.
Have used it already for whatever the services are.
That's actual use.
So one's a section 1A and one's a section 1B.
So Mary's question is, well, what if I do that?
What happens?
Like, what if I file,
like, should I file two separate applications,
one for actual use and one for intent to use?
Well, I'll tell you this much.
It's going to cost you the same if you're doing it yourself
because you're paying the same 275 for each class.
So you can file one application for the actual use
and a separate application for the intent to use
if you so choose, that's up to you.
That's kind of a strategy I've used in the past
because I want to get a registration.
as soon as possible.
So if I have an intent to use,
and forgive me if I lose some of you here
because this is going deep,
but you should be able to follow this.
So CAPS, haven't made them yet.
Laptops, I'm already making them.
Actual use for laptops, intent to use for CAPS.
Everybody okay there?
All right, everybody's okay there, all right.
Mary's question is, do I file them in one application?
Or do I file them separate?
My answer, you can do either, it's up to you.
I tend to file them separate.
I'll tell you why, because for the actual use application,
that registration is gonna go through very fast.
I'm already doing it.
I don't have to change it into an actual use.
So now it gets examined, it gets allowed,
boom, I get a registration.
The intent to use gets examined, it gets allowed.
I don't have a registration, why?
I now have to show proof of use.
Once I file proof of use, then I can get a registration.
So why would I slow down the registration
of something that's actually being used
with something that's intentionally being used?
You're like, do I wanna kind of put them together?
Yes or no?
You can, but then if you do, you gotta separate them.
And there's a process to do that, to get the registration.
It's easier to file in actual use alone
and intent to use separate, okay?
Can you do, can you file them together?
Absolutely.
Use a lawyer, they know how to do it.
It just, it makes it a little messier
than just filing two separate applications.
You don't have to, you can do it either way.
Either way will work.
Mary, does that answer your question?
There was a wrinkle to this.
Yeah, go ahead, go ahead.
Okay, I was thinking if I'm filing this intent to use
and I don't have anything else,
and I just thought, let me just get
some kind of protection out here.
Do I have to cover every single possible thing
that I might put that thing on in the intent to use
or else I have to file another one
and put that thing on there?
That's what was my-
Yeah, that's another good question.
So yes, okay.
Well, you're talking about a strategy.
This is strategy, okay?
This is, Mary's thinking like a coach,
like a business owner, all right?
This is a strategy question.
All right, so let's say I have a client.
Well, I do, I'm not just saying I have a client.
I do have a client presently who makes wallets,
makes cell phone cases,
and makes one other thing,
which doesn't come to mind right now.
It's like a fob holder.
Like everybody knows what a fob is.
So you go to a building or something like that,
you swipe the fob,
and now you get access to the building, right?
So he has like these three different things, okay?
Hasn't started making the fobs yet.
All right, so he said,
I wanna file one application now for everything,
but I want everything to be intent to use.
Like, can I just file everything as intent to use?
I said, yeah, by all means,
you can file everything as an intent to use, sure.
But you can't change that intent to use to an actual use
until you've actually used it
on every single thing on that list.
Oh, wow, okay.
So let's say that in your second quarter
for the corporation,
in Q2 for your corporation,
you're gonna be creating caps, t-shirts,
and scarves.
But in Q3, you're going to be,
in Q3, you're gonna add like bags.
And next year, like next year,
you're gonna add laptops.
Don't file one application including laptops.
Why?
Because if you file an intent to use applications
and you're already making the caps and the scarves
and the bags,
you're never gonna get the registration
unless you split the application
for what's actually being used.
So what I would do
is if you wanna get your registration sooner
is I would file one registration
for the things that you're potentially going to use sooner.
Okay.
And then for the things that you're not gonna use
until way down the road potentially,
keep those speculation things into another app.
Is it gonna cost you more money?
Yes, it will cost you more money.
But you're gonna get a registration sooner.
I mean, that's how it's really gonna break down
because can you file them all in one application?
Yeah, by all means, you can file in one application,
make them all intent to use.
And legally, what actually could work,
I'm giving you a really deep dive in this right now, Mary,
just so you know how it works legally,
is if I have five things and three things I start using,
I could file a petition with the trademark office.
And in that petition, I can ask them to split out
the things that are actually being used.
Okay.
And then take the registration for what is being used
and maintain an intent to use
for the things that are not being used.
That's like, I mean, you're talking deep stuff now, but you can do that.
It is possible.
So what I would do is if I know this year, I'm going to be making these seven
products for one application for that.
If three years down the road, I'm going to be adding these other things,
follow a separate intent to use application for those because then you'll get a
registration sooner for what you are using as opposed to filing on petitions
and all this other stuff.
All of it's possible.
It's just messy.
Okay.
And I don't want to honk anything, but there's this thing where you have this
name you're going to do as a trademark, because I know you're going to come up
with this.
I'm just planting the seed here.
And it's like some word you made up, you spelled it a weird way, but you want to
trademark that.
And then, and this is going to be like your brand or whatever.
And then you will use it like that boom, like that with this.
And then you just have this series of things about combining trademarks, like a
class where you're like, that you're going to teach.
And then it'll have that one that you trademarked and then Microsoft office,
Microsoft Excel, Microsoft word.
Yes.
So when you do your thing, do you do all those at one time or what do you?
Yeah.
The way I would do that is I would file from Microsoft separate if you're using
Microsoft alone.
Okay.
And then as you come out with the different apps, you need to determine whether or
not each one of those is, is important to you.
If it is important, then you want to file separate applications on those, but here's
the thing.
You can't follow a trademark application just for Excel.
If you're always using it as Microsoft Excel, see, it comes down to how are you
using it in interstate commerce?
Because you have to provide a specimen to the United States patent and trademark
office.
Like you have to send them a sample.
And if you're never using it the way that you filed the application, you're never
going to get a registration.
Okay.
So if I, if I file an application for Excel, but every time it's, it's used, it's
Microsoft Excel, Microsoft Excel, Microsoft Excel, the examiner might reject it.
They may come back and say, look, you're not using Excel alone.
It's not its own trademark.
Your trademark is actually Microsoft Excel.
You know, they could do that.
Um, can you fight it legally?
Yeah, you can fight it legally.
It's going to be messy.
But the, the big question is what is the most important part to you?
Now, if you're saying the word Excel exists already, the word word already
exists, I don't care about those.
The word Microsoft is what I really care about.
Then you can follow registration for Microsoft.
Nobody will ever be able to use Microsoft with anything because you own Microsoft.
So they can't say Microsoft Excel, Microsoft word, Microsoft, anything, but
they can then use the word Excel alone.
So the question is, are you going to be upset when they use the word Excel alone?
That's the question that you need to ask yourself as a business.
Okay.
And I'm going to stop there.
Cause that's it's two 33 right now.
Uh, so we went over, um, we're going to be doing this every day.
Just everybody knows we're going to be doing this.
You're going to have access to this every day.
Bring your life situations, your real life questions.
Again, none of this is legal advice.
Um, you should be taking this and then speaking to your attorneys
with regard to situations.
But I want to kind of get you on track so you know what you can and you can't do.
And then you can speak to your attorneys with some level of education, as
opposed to going in dry, where you have no clue what they're talking about.
At this point, all we've covered is like day one of trademarks.
There's going to be a whole second day of trademarks.
And then we're going to have a VIP session again on trademarks.
So be sure to go into your lives mentioned, you know, what your
takeaways are, because those are going to be very valuable.