VI peers, so good to see all of you.
So good seeing everyone here.
I got to tell you some of the emails that you guys are sending me are like emails that
I would be getting from like second year law students, honestly, like it's not these are
not beginner things.
I don't think anybody here has ever emailed me something saying I don't understand what
a copyright is or like what's a trademark like.
You guys are going really deep.
And so I just want to continue honoring that and giving you that the forum to be able to
ask really deep questions.
And I know a lot of you are implementing because your follow up questions are really questions
of implementation, which is good, which is good.
It's better to have is better to have the person who can guide you right there next
to you and take advantage of that in that time period.
So, so let's jump into a number of questions first, and then I'm going to do something
and then we'll jump into more questions.
Okay, so let's Susan, are you there?
Yes, I just look really gross today, so I don't want to be.
You know, we have bad hair day is all you know, so anyway, okay.
I talked with you during the Saturday class that Todd and Tamara had the workshop.
Oh, I love that.
Yeah, they're amazing.
They are.
But okay, you know how we're talking about like the the patent trolls, how their dirt
bags and scums of the earth, that sort of thing.
So here, I think in some respects, corporations are the same way.
But here's, here's my ethical dilemma, okay, being a kingdom minded individual who my husband
is going to start his own business, and I'm starting mine, okay, so but they're separate.
But he currently is working, you know, he put in a two weeks notice, which turns into
eight months notice, you know.
But anyway, because of the code of conduct, and all of this on their website that they
have to sign every year, how is it ethically moral for them to take ideas, even though,
like you said, he was working on at their time, his computer, their computer, that sort
of thing.
How is that really ethical to take away a patent idea, and file a patent on that?
That to me is a huge philosophical moral dilemma.
Yeah.
Can you explain that to me?
You know what the problem is, Susan, sometimes the ethical, moral, philosophical issues don't
overlap properly with the law.
And that's when you have a situation, see, the law is supposed to provide empowerment
for individuals who can't speak for themselves, it's supposed to bring things into justice.
And unfortunately, you see a lot in the legal system, that ethical moral standard just doesn't
resonate the way it's supposed to.
And that's, that's actually part of what I believe the Lord's calling is in my life is
literally to transform the legal profession to bring it back to what it's supposed to
be because our Heavenly Father is not only a king, but he's a judge.
You know, like, it's no joke, like the law was created, it's perfect.
And so, you know, you spiritually are saying this doesn't make sense.
It's not right.
This shouldn't happen.
It's not ethical.
It's not.
And you're right.
It's not.
But let me let me explain to you what the law says.
I'm going to explain to you the law.
And then you can figure out how to make things work.
I've had situations where individuals were working on specific technologies, joined a
corporation with their own technology, something that they did internally, and then did further
development in that company, and the company filed the patent for it and gave no credit
to the inventor.
Zero, zero.
All right.
What what people need to realize is that there are employee documents when you hire people,
their employee documents that you have to review and see whether or not you're assigning
all right title and interest to literally everything that you're doing over to the company.
But separate from that, there's case law that focuses on the area of the development of
inventions.
And so if your husband, you know, is coming out with new technology, I mean, now you know
this because you've been through this challenge.
You know, I'm going to teach you ways to get around this, which is part of why I'm doing
this challenge.
But unfortunately, if he did the I can't give you legal advice.
So I'll just say the way the law speaks is it looks at a number of different factors.
One is any employee agreements, but separate from that, there is some consideration for
is a development on developed during corporate time.
time? Is it being done using corporate devices, software,
technology, there's an analysis that's done to determine who
actually owns this thing, right? This is why engineers, inventors,
serial entrepreneurs, these people, they have to understand
that whenever they get hired by a company, you have to make sure
that any technology that you create, you file your own
patents on. Okay, separate, because the second I'm telling
you the second that you involve the company, the company looks
at it as an asset of the company. And they immediately
want to procure the rights to it so that they can either license
it or make products associated with it, or sell it or whatever
the case may be. That's what the company wants. So to answer
your question with regard to you know, the ethical thing to do
here. Yeah, sometimes they just don't match up properly. They
really don't. I mean, I've been in a court of law, arguing
against opposing counsel who has just been like was lying was
like not saying things accurately. And literally, I
will in the middle of a court session, start praying. I'll
start praying Lord, let's literally let your will be done
here, Lord, let I bind this I bind that like any lies are
coming out, let them be revealed. And what happens, it
happens like the courtroom changes in those moments. So
you're you're not, you're not in a situation where you are. You
are, you can't do anything, right? You can pray about it,
you can by all means pray about it. But the legal system itself
is built so that inventors have rights unless they assign all
right title and interest to another party. And so you've
got to check your employee agreements to see if you've done
that. And separate from that, you have to make if he's doing
development, don't use the company's equipment, don't do it
during work time, because they're going to come out and
say, well, what did I pay you for? Like, hold it, I'm paying
you. And while I'm paying you, you're working on such and such
then I own that. That's what they do. Right? So yeah, so it's
an unfortunate situation. But it is a real situation. I run into
it all the time. Okay. Thanks. Yeah, you're so welcome. Susan,
if I can help in any way, obviously, I'm happy to talk you
through it. But um, but your analysis, the way your analysis
is gonna have to break down is, you know, did he did he really?
Or did this theoretical individual because this is not
legal advice? Did this individual really use, you know,
company equipment? Did they do it during company time? Did they
do that? Yes or no? And was it an employee agreement? Yes or
no, like, you want to dig into these things, and then go speak
to an attorney and tell me if this is a technology that is
incredibly important, where he wants to be able to leave the
company and bring it to another company or start his own
company, you're gonna want to speak to an attorney to make
sure that they can do this analysis of the exact scenario,
what exactly that would be within the patent claims,
literally the ending the claims of the patent, what is in there
as being owned? Who owns that? That's what you want to figure
out. It's the important parts like in the Oreo cookie, you
know, have any Oreo cookie without the white stuff in the
middle? What's the point? You know, I'm just saying don't get
mad at me, Mr. Cookie Monster. I'm just saying I don't need
that stuff anymore. I'm gluten free. All right, with that,
we're moving on. So Patricia, you're so welcome, Susan,
Patricia.
Good day. I'm well, Peter. Okay. I have emailed you about this.
And this hasn't come up. But I think it's important about my
NFT. And my story that I was
did you see my email last night?
Yes, I did. Okay, good. Yeah. Yes. You said it was
congratulations. That was awesome. Thank you. Thank you.
Okay, so my NFT, you know, the the contest rules were that you
take a anonymous NFT. Mine was number 177 of the Genesis
collection. Yeah, that's a nice one, too. I saw it. Yeah. Thank
you. And so, um, you know, give that that character a name, and
an origin story. Yes. Well, I did. And that's how I won the
contest. Yeah. And so and I'm, I'm grateful and thrilled. So
anyway, I own her image, right? I mean, they don't have like
Kingdom Warriors does not have any claim on that because I
don't know how they're setting up their system. Yeah, that's
between you and Eric, you got to cooperate.
Well, Eric wants me to turn her into a comic. Oh, very cool.
Yeah. So he actually put that in the when he read my story, he
said he wanted to hear more good, you know, he said,
I think she would make an amazing comic.
Yeah, Eric's an amazing person.
He's in a hundred acts, you know.
He is, yeah.
He's my friend. He's good people.
Yeah, I've been his intercessor for about three years.
Well, like when he goes and does stuff,
I'm on the prayer team for Kingdom Warriors.
Yes, come on.
That is awesome.
Thank you.
That's true.
That's your victory as well.
Yeah, so what I would say,
there's a few things to think about, right?
So the image itself, when you're looking at NFTs,
that's, you know, those are images, right?
Images are protectable by what?
Somebody tell me in the chat.
How do you protect images?
Copyright, exactly.
Not trademark, but copyright.
That's right, yeah.
So you would actually own that specific image by copyright.
So then the, you could always file a copyright application.
The only thing that I don't know,
and what you need to figure out, Patricia,
I'm 99% sure, but you need to talk,
you should probably confirm it with Eric.
I believe all the people that receive the NFTs
actually receive the NFTs, like it's theirs.
Yeah, it is.
It's not like you're getting a license.
I'm pretty sure of that.
You need to just double check, you know, the documentation.
My understanding of it,
because I actually have 10 of them myself, like-
Oh, so that's why you're Kingdom General.
Yeah, well, yeah.
I mean, he asked me before if I would help them out
and understanding some of the legal issues.
And I was like, look, brother,
you're building something, I'll back you up.
So I invested some money into their company,
you know, just to help them out.
Oh, good.
Yeah, so they're good people.
So my understanding, and I might be wrong
because I haven't dug into this.
I haven't spent a lot of time with it.
I just wanted to support him.
So, but my understanding is that we own the NFTs.
If we own the NFTs flat out,
that means that we can file copyrights
on things all day long.
They're ours.
Like you can't do anything about it.
Now, hold it.
I want to go back to something.
Braylon said trademark.
Okay, so I want to go back for a second
because Braylon's very smart.
And so she just raised something
and I just thought about something
and there may be a way to actually do this.
So if you wanted to turn the NFT into a logo,
you could actually file a trademark application for that.
So Braylon, I take that back.
I think there is a way on that.
It wouldn't be a typical logo.
It wouldn't be like, I mean, you can.
You can turn your NFT character into a logo if you so choose
and then put it on all of your products.
So your NFT essentially,
your image for your NFT essentially
would be an identification as to the source of goods.
It wouldn't be an identification as to the good itself.
You can do that if you want to be really creative.
So I think Braylon, you're right.
I think you could do that if you so chose.
So.
So can I, should I do both or either, or what?
Well, I think your first step, honestly, Patricia,
is to make sure that you own the stuff flat out.
Okay.
I'm pretty sure, but just double check with Eric.
Just say, hey, I received this price
because you confirmed that I am the full owner.
I have, you've assigned all right,
title and interest over to me, right?
And he's going to know, who'd you talk to, Peter?
That's the first thing he's going to say.
And so, which is good.
At that point, you'll know it's yours.
And then I would start out with the copyright.
I mean, honestly, I mean, if you're,
if you file a trademark for the logo,
that means you're going to be slapping that logo
on your products or your services
to identify you as the source of goods.
You're not really doing that.
You're not, you're not really utilizing it on,
on a, like on a cup to see that when everybody sees a cup,
they think of, you know, Patricia.
That's not really what you're doing.
You're, it's more copyright,
which is protecting the work itself, the image itself.
And then with regard to the book that you've done,
same idea, that's all copyright.
Books fall into the copyright realm, right?
Okay, now, okay, that, that,
this is one of the things I wanted to ask you.
Okay, I need to change the details
or, or Kingdom Warriors needs to hire me for their,
their team or their writing team.
One of the two, because.
I have no idea.
Because, okay, I put, to qualify for the contest,
I had to put in that the enemy was the obsidian shade.
You know, that's, that's the enemy and their thing.
And then I also had to put that we were defending,
and my character is actually, as you know,
a secret agent undercover.
She's actually the, the daughter of the dead King,
but has not been revealed.
What, what I would say,
just because we have a lot of questions here,
I want to make sure I'm honoring everybody.
So it's a story.
Stories fall on the copyright.
Okay.
So basically you're, you're looking at stories,
stories or copyright?
Any modifications to stories or copyright?
Well, all I have to do is change the details
to have it be my own
and not be affiliated with the Kingdom Warriors.
I do not.
I can't answer that, Patricia.
Okay.
That's between you and Kingdom Warriors.
You need to know what kind of.
agreement you entered into, you have to determine do they own the work that you submitted or not,
or do you own it? If you own it, if you own it, then you can make derivative works. That means
you can modify it. I don't know what your specific circumstances are. Okay. I put a
copyright on it when I submitted it. Okay. Yeah. I mean, I, I don't know. There's certain companies,
there's certain companies, and, and actually this is helpful for everybody here.
There's certain illustrations, certain journals, certain books, certain other things that when
you send them a copy of your story, it says that you assign all right title and interest to your
story to the company. You need to know that when you submit an article for publication within a
magazine, 99% of the time, you're assigning all right title and interest to that actual
article to the journal that allows them to use it any way they so choose. They don't want you
to come back at them later and sue them for having their material inside, you know, or having
your material inside their journal. So Patricia, I'm going to move on. Okay. Okay. Thank you,
Peter. You're so welcome. Bless you. Braylon. I received it out with a really good question.
And then we had to stop because I want to make sure it was recorded to go right ahead.
Thank you. Yeah. This, this is number one of two questions. So John was using your image
and I have a podcast where I interview people such as yourself, hint, hint. And I would,
I use the image in the promotional materials of that person without necessarily their express
written permission. However, I do in the agreement, when I invite them to be on the show,
I do have a clause in there that says, we agree that my company owns the right to use their voice,
their likeness for the podcast in perpetuity. Is that good enough? Or do I need them to literally
a brilliant question? Yeah, that's a brilliant question. So the second you said that I saw a
timeline, all right. So there's a timeline here. Okay. The agreement that you're talking about,
this is not legal advice. I'm just saying, I'm going to break it down to you the way I would
analyze things on a timeline. There is what I do before the person works with me. And then what I
do after the person works with me, that's how I would look at it. Okay. Any legal agreement I have
needs to address both parts. All right. So I'm going to keep it at that level. So now if, if my
agreement says I have all right title and interest to anything that you say on my show, anything you
do on my show, all the recordings, which is brilliant. Love that. That's smart. Right? That's
really covering after they're on my show, like they're on my show. That's everything I can do
from there on. That has not addressed in any way, shape or form, taking a picture of them, marketing
them, throwing them as a bonus, you know, making it has not addressed any of that. Because I've
talked about you're on my show. Everything associated with my show from that point on is
mine, which brilliant. Love that. You need to do that. But we, but what you haven't addressed is,
or what theoretically has not been addressed is what about beforehand where I'm marketing a
picture, you know, you got a picture of this guy or this gal on your website, which is drawing
people's attention and making them come to you. You may even be running ads that has a picture
of them and say such and such is going to be there. You know? So what I tend to do to be on
the safe side is I tend to get permission beforehand and say, Hey, you're going to be a
guest like with Paula, Paula Clancy. Hey, Paula, you're going to be a guest. I know your billing
rate. I know what you do. I know you always provide a discounted billing rate for all the
people I send to you. I appreciate that. Are you okay with me? Kind of, I want to put a picture
of you on my Facebook group and your bio information. And she's like, Pete, I've known
you forever. Of course, you don't even need to ask that. But I'm asking anyway, in writing,
because who does she work for? Gowling. So what if Gowling tomorrow reaches out and says, Hey,
why do you have one of my partners on your website and you're advertising my law firm?
It's like, well, she told me I could, I've got it in writing.
And when you say in writing, just to clarify, is an email back and forth good enough?
I mean, for me, for what you're talking about, like, you know, just something in writing, I
wouldn't get crazy legal about it. The best way to do it is to have like a legal document. But
sometimes, if I could be honest as an attorney, it's kind of funny, I said that if I could be
honest as an attorney, but actually, it was pretty funny. I didn't actually mean the way that sounded.
But that is hilarious. If I could be honest, comma, as an attorney, see, it wasn't supposed
to be in the same sentence. As an attorney, what I would do is I would be careful being
really too aggressive when you're inviting somebody, you know, you're scared that you're
fish away when you're trying to get a big fish in your boat,
you know, like you'll be splashing around and people go,
I don't want to work with that person. They had me sign a 20
page legal document just to come on their podcast. Like why in
the world would I do that? They own my children now? Why would I
do that? You know, so yeah, so to answer that question, I see I
see two timelines. The point it sounds like from the point of
them meeting going forward sounds like, you know, the
general stuff for that is I would say anything that you do
with me, I own our rights, I know an interest to blah, blah,
but that beginning part of marketing. That's also
important. So I would just try to get something in writing. You
don't have to get crazy, but get something says, Hey, are you
okay with me taking a picture of you putting it on the Facebook
page or pubs and just get them to Yeah, no problem. That at
least at least it's better than nothing.
Okay, very good. Thank you so much. And then the second part
of my question had to do with what you were teaching today
because you said methods and I don't know that I would get a
patent but I'm wondering about trademark. I help people set up
the establishing documents so that they're establishing their
doc, their business in heaven. And there's different things
that Father God had me do and you know, work on to do this
properly so that it's protected and resourced and you engage
your assistants and all of those things. So is that
process?
I mean, first of all, that process is priceless. That's
the first part. I mean, wow, that's just like, that's
amazing. And it's, it's making it very clear to me why there's
so much significance to taking care of this group of people
because some of the stuff that you ladies and gentlemen are
doing is this is not a joke. Like this is kingdom serious
kingdom work. And so yeah, it's very humbling. So to answer your
question, if it's a lot of like, theoretical stuff that comes
into specific application, if there is no computer involved,
there's no mechanism involved, no apparatus involved, it makes
it a much lower chance that you're going to be able to get a
patent on it. All right. Because, because it becomes
very difficult to monitor. Like you have to think about in the
patent realm, what you're trying to do is stop others
from making using selling or offering for sale, or using that
method, how are you going to monitor all the steps of your
method?
I'll put an angel on it.
If you got an angel on it, you don't even need the patent. I'm
just kidding. But the I mean, but the point is that it's there
it needs to be concrete, like you have to be able to what I
this is what I would do, Braylon. I would, when we write
when we create software, we start out with a flowchart. Okay,
I would create a flowchart that breaks down each one of your
steps, one by one by one. All right. And then if you're in the
portal, right, then we can we can break it down step by step.
But the whole point is now that you've got it in a flowchart,
you can look at each step and see if each step in and of
itself, warrants something that's patentable. And then if
it does, that are the combinations of the steps
unique, so that one of ordinary skill in the art will
understand the invention when they look at the patent. What
that basically means is, when somebody looks at your drafted
patent, can they practice the invention? I don't I have no
doubt that you'll be able to explain that. My only question
is, is anything concrete enough that there's some kind of device
associated or some kind of mechanism associated, where I
can take it from the, the soft, the soft area that's unpatentable
subject matter and make it patentable subject matter.
That's what I'm trying to figure out. And I think a flowchart is
going to help you get halfway there. Because you're going to
see the steps. And then an attorney will be able to look at
the steps and say, Oh, these three steps here. Yep. That's
something that's protectable. So get a flowchart. Everybody knows
how to use a flowchart, write down the steps sequentially in
there. And that's going to help you in multiple ways. Okay.
Thank you. I was actually thinking more about a
trademark, just on that, because I teach it.
You mean for this, the name of it?
For me out for the name? Well, I guess it would be copyright if
it's a course material, right? It's a whole course.
Course material would be copyright. Yeah. If you're
looking for the if you look if you have a name for the course,
that's trademark.
I do. Yeah. Okay. Thank you so much. I appreciate it.
So welcome, Braylon. Absolutely. Jeanette. So is it true? Am I a
member of the family now? Like you said that what I did was
like, like, fantastic. Come on. That's so cool.
You're part of the family. Hey, can I I'm thinking of
trademarking fantastic.
You know, you could you can make it associated with specific
services, you know, like if let's say you're doing
coaching, right? So you can make it associated the word fantastic
associated with coaching, you could own that nobody else
could use that name.
Cool. Well, let's start with my question. So I created a
nonprofit called innocent again. Yeah, help ladies have joy
restored after childhood sexual abuse. Right now, my resources
like these books are free. So my first question, innocent again,
that's something I should trademark. Correct? Yeah, right.
Well, you said that's the title of your book, right? And the
title of my nonprofit. Okay, if it's the title, your nonprofit,
by all means, you can absolutely do that. If it's the title of
your book, remember, when we talked about books, it comes
down to is there a series if it's a single volume, the courts
are totally against that if it's a series, the courts are more
for that.
But I can trademark it as because it's a registered 508
nonprofit. Yeah, so you're you're doing your registered
508 or a registered 508 is doing business in a specific area. So
whatever the service is being provided by that specific
business, you could that entity could file a trademark for that
service, right? Whatever, you just have to figure out what's
the international classification associated with the service
you're providing. And then once you know that, then your next
step is to, you know, file a trademark application for that
service.
Okay. And then the, I learned through all these classes now,
I'm like my website, I should go copyright every page, or
no, no, no, no, no, no, no.
As a total.
Right, right. Okay. Let's break that down here. Just wanna make
sure everybody understands this year. I'm not saying that people
should file separate copyright applications for literally every
single page you, you would go crazy. There's just there's so
much there. And it would cost a lot to do that. So let's say you
have like a 20 page website, you could file one copyright
application for the whole website. Or let's say there's
one page in that copyright application. That is incredibly
important. All right. Meaning like, you know, everybody's
going to copy that. These are the links. Okay, I got your
message, Larissa. I think we're all set. Let me just double
check. Yeah, we're I think we're all set. Okay.
Thank you. So. So if you file a copyright application for the
entire website, all 20 pages, that's great. But one page in
particular, somebody copied it, you have to figure out if it
it's the essence of the copyright, right? So you're
trying to figure out, well, is this really important? Is it
not? Well, if you want to be guaranteed that it's going to be
covered, follow separate copyright application for that
one page. Because now, you're 100% covered, there's no doubt.
So if there's one page on your entire website, that you know,
people are going to want so that's the date, that's the page
where you're describing your process. And nobody describes
your process better than you, you can file a separate
copyright application for that page, as opposed to like the 30
other pages or the 20 other pages and just have it as one
page in there. So that's how you increase the strength of
your protection.
So if my process is three keys to joy restored, renew, reclaim,
restore, is that something like renew, reclaim, restore, I want
to trademark or copyright or
it depends on if you're using renew, retrain, restore, to
identify a source of goods or services. So what I mean by that
is, let's say in your coaching programs, it's called renew,
replace, restore. Let's say that that's what it's called,
right. And that's on your marketing material. And that's
on your, you know, that's your, there you go. Thank you,
Braylon. Yes, he says spirit centered business. So that's
an, let's say spirit centered was like the name of her
company, right? Then by all means, she could file a
trademark application for spirit centered. Okay, specific
to the services that she's providing. So she could file
one trademark application for that. So for the three words
that you just mentioned, if those three words are placed on
your material, that's utilized in providing your services to
others, then you could file a trademark application on that.
That's, that's something that you can own as well. It's not
just a name.
the company, but also the name of the service that you're providing. Okay, so there's there's
different tiers of protection within a company. There's always the corporate name, people always
look at the corporate name, but you got to make sure that you're using the name in interstate
commerce. So if that name is going on your products, or it's going on your services,
file trademark application, like, you know, you know, most of the steps to put it together,
get everything together, get it to an attorney, let the attorney review it, make sure it's done
right, so that nothing's missed. And then they can file. And then you're fine. Like you're done,
like, then you kind of wait, then you can get an office action. If it's rejected,
you're definitely going to need a lawyer when you come into the office actions to argue the
legal points. But in the beginning, it's a little less right. But if it's a name of your service,
trademark application, okay. Thank you. You're so welcome. Carol. How are you?
Carol, are you going to conference? Yeah. Awesome. I'll see you there. That's awesome. Yeah.
Okay, so I have, I was trying to use the search that you dropped in the chat for the trademark
thing. And I don't know if I'm not doing it right. Or I don't, I just don't know how to read it.
Search for which one patents or trademarks, trademarks, trademarks. All right, let's do it now.
Okay. So my, my, the name, you know, that I've been using is rise up victorious woman.
And I have several different things that I use in my program rise up victoriously framework,
you know, a couple of different things like that. When I searched it, it just came up with a bunch
it looked like gobbledygook, there was nothing. So I used the original name that I had first
thought of, which was I was told, Oh, no, you can't do that. Because that would be a big
trademark infringement, which was kingdom Wonder Woman. And so they said, No, you can't use kingdom,
you can't use Wonder Woman, I searched it, and it still came up with just words, but not even
Wonder Woman together. So I think I'm just not knowing how to search right. That's all right.
Well, can everybody see my screen right now? All right, awesome. We'll just do a we'll do a quick
search together. So what's the name? Rise up victorious woman. All right. First of all,
are you training women to rise up and be victorious? Yes. So it's really descriptive
of what you're doing. Yes. So you can't get a trademark on something that's descriptive.
Oh, then other people wouldn't be able to describe what you're doing.
Right. So just something to keep in mind. Okay, so just as the name, I can't get a trademark
of it being my name, trademark, you cannot obtain trademarks for things that are descriptive of the
goods or the services that you're providing. Right. So let's say that. Let me give you an
example, just to be sure. So, like, let's say I decide to file a trademark for empowering,
empowering legal minds, like I wanted to file a trademark for empowering legal minds. Right.
And what I'm doing is I'm sitting with them and I'm training them on a specific thing.
What I'm essentially doing is I'm empowering legal minds because I mean, that's their legal
minds, their lawyers, and I'm empowering them. So that's descriptive of the service that I'm doing.
So I can't get a trademark on something that's descriptive of what I'm doing. I'm not saying
your specific words are. I mean, to me, it kind of sounds like it, but it's up to you to figure
out what a lawyer. But the point is that for the trademark world, you cannot own a trademark on
something that's merely descriptive of the goods or the service that you're providing.
So you said rise up, was it rise up, victorious, victorious woman is one and then rise up
victoriously framework. There, I don't I don't like it. I don't like it. Something's up.
Let me do this. There we go. See, I see. I've been doing this so long,
so I know a lot of the tricks of the trade. So when here's a problem.
Your trademark was this rise up victorious women. Right. Right. Well.
Your trademark includes multiple words. Right. OK, so let me I'll give you a more concrete example.
Victorious. Victorious ventures. With. Microsoft.
Excel. See, if I search for Victorious Ventures with Microsoft Excel, nothing comes up. It looks
like it's clear. Do you see that? But if I searched Microsoft, sure. 216 registrations.
So the fact is, because I wasn't familiar of how to do a really good search,
I ended up using the trademark of another party and committed trademark infringement.
Right. This is why using a good searcher is important, you know, because you may,
in fact, think something's clear when it's not. So in your case,
Rise of Victorious Women, if I look up Victorious Women.
The singular woman is what I've been using, but still a showing actual.
The Victorious Woman. Okay. The Victorious Woman right there. This trademark application
is presently pending, and these are all the goods that are covered. So what I'm trying to
show you is that take pieces of your trademark or your proposed trademark and search them individually.
That's what I would do. So I would search each word one by one. And if you get a lot of hits,
then you can do different combinations. But at the end of the day, the one who's going to have
to make the call on this, I would make sure you run it by an attorney before you go forward.
But go ahead. So can I ask you, because right there it has Victorious Woman of the King. It has
totally Victorious Woman of Virtue. It has multiple different things that uses Victorious
Woman in it. Are they all infringing the trademark of the first one? Great question.
That's a great question, Carol. Somebody unmute themselves and tell me why it is that multiple
people were able to get a registration using Victorious Woman in it. Different goods and
services category. Different, yeah, different fields. That's it. That's it. So I can own Red
Door associated with perfume. I can own Red Door associated with computer software,
because they're different goods or services. Okay, so just with an attorney, then I would
have to determine if or in the search, look at what their goods and services are and see if it's
the same. That's what I would do. And teaching a class, you know, it's a, it's a class, but it's
also learning and coaching. I think you've got a few things to look at, Carol. I think one is you
have to determine whether or not it's just descriptive of your services. Because if it's
just descriptive of your services, that's a non-starter. Like you, whether it's clear or not
doesn't matter. So the question is, is it descriptive of what you're doing? Like, are you
making women, are you making these women victorious? You know, so it's just kind of figure
that out. Because when you describe your service in your application, the way they determine whether
or not something is merely descriptive is they look inside the recitation of services. I'll show
you. Victorious Women of the King. When I click on that, that is class 45. There you go. It's class 45,
right? The recitation of services is Christian ministry services, right? So that, that
description is different enough from the name Victorious Women of the King.
But if it, if, if the description of the services was
coaching to help women,
to help women become entrepreneurs, let's say that was it. Coaching to help women become
entrepreneurs. And the trademark was empowering women entrepreneurs or female entrepreneurs.
Then that's really, it's the recitation of services is descriptive of the trademark. And for that
reason, it's going to get rejected. So what I would say is you, first of all, you should speak
to an attorney because you have multiple issues here. You have, you want to determine whether or
not it's descriptive, and then you want to determine whether or not these different parts
are owned. And the fact of the matter is we just took like five minutes online and we saw
multiple registrations that use the word Victorious Women. And so what I would do as an attorney is
I would look to say, okay, well, here's a registration, Victorious Women. That's class
45 Christian ministry services. That's owned by Kelly, Kelly Marie Lyons. Okay. That's one.
Kelly Marie Lyons. Okay, that's one. Then I look for another one that has Victorious Women.
And I click on that one. Let me look at the next one right there.
That's class 45 religious and spiritual services. And they were able
to get a registration which is curious they have women and they have victorious in it
and it's also religious services which is related class 45 the other one was class 45 too right
let's see uh victorious one oh this is a pending application that's the one for goods and then
this is the one victorious women yeah ministry services so here's a curious situation carol look
victorious women totally victorious women of virtue that's a registration for christian
ministry services now look at this that's this one here there's a registration and if you go down
to the very next one it's a different party again class 45 religious and spiritual services
associated with it so the question becomes just how much strength is is owned for the word
victorious and women for the words of victorious and women i'm getting really deep right now so
i'm just going to do this for one more second i want to take other questions as an attorney the
first thing i look at is right here in the disc in the disclaimer it says no claim is made to the
exclusive right to the word women that means this person who owns this trademark does not own the
word women that means i can use it okay so that's there's a whole area of law you don't know yet
which has to do with disclaimers and other things like that i see karen and others nodding their
heads so um that that's a that's going to be considered to determine what words can you
definitely use in class 45 and not worry about people coming after you so your first step really
carol you should talk to an attorney because yours is not very clear it's kind of amorphous and
whenever you're in a in a mushy area that's when you need to get support make sure you do it right
right from the start so i would talk to an attorney on that so the challenge names that
pedro always talks about he kind of encourages us to use a descriptive name so that people can see
what the challenge is about so that means we can't use a trademark on the names because they're
descriptive if it's merely descriptive merely descriptive terms are not trademarkable so that
that's how it breaks down okay yeah krista how are you
you're saying elizabeth had her hand up first yeah i was gonna say elizabeth was before me
yeah whoever's next because it's just one list here and i see krista destiny elizabeth miguel
jennifer cindy so good thank you and and thank you again peter this is oh you're so welcome
incredible incredible week just uh yeah and i i mean i just want to say too that um the email that
i had sent you this is what i've been looking for a bunch of a bunch a bunch of um you know god
centered people um because my question um is around a a community or i call it an academy of
god-centered um teachers from literally um all over the world and the prerequisite for these
people is that uh the courses they teach are god-centered or spirit-centered and i came up
with a title called the living empowered academy empowering you to empower the world yeah and um
so how it's going to be set up is um i guess like a website where each instructor would be doing a
a webinar that's going to be you know pre-recorded so that people can access that recording or that
course um you know any time of the day or night the instructor would get paid by people who are
enrolling in their course and the academy would take a a certain percentage basically just to keep
the expenses of the of the academy going so from everything that we've talked about i'm like oh my
gosh i need a trademark i need a copyright i need a patent and i'm like i have i have an llc for it
in connecticut but that's good at least you're protected that's good yeah yeah it sounds like
you got a bunch of copyright issues there uh just to kind of take care of but um yeah there's what
you what you want to do in your situation is figure out when you have complex environments
where other people are contributing into your into your platform you got to figure out the
agreements beforehand you know like anybody who's contributing here's the agreement that you're
you're signing or on or you're you're you're you're in agreement with this before you come
into our platform now that you're in here all this stuff belongs to me or you know whatever
the situation is you got to figure it out beforehand like as an example with the protection
portal i'm i'm creating
something that's very unique. In Kajabi, what I'm doing is based on when a person joins
into the protection portal, they have access to certain files, right? But what people continue
to ask me is, can I get a lifetime membership? Like I want to get a lifetime membership and I
want everything because what I'm building in Kajabi, you guys actually are just hearing a
preview of this. I haven't, nobody knows this except me and the people that are putting it
together right now. I'm building a backend system where literally every video is word searchable.
So you can go in there and you can say, I need to file a trademark in China. And the video that's
associated with filing trademarks in China will pop up and you can watch that one video. That
will only be accessible to the lifetime membership people. That's it. But when you go into that room,
literally it's like any subject matter, whatever it is, it's at your fingertips. Like law firms
would go crazy for that. Like literally they would spend a hundred thousand dollars on that
in a second because that means they can just tell their associates, go in there and learn about
patent filing, go in there and learn about trademarks. And then they just post a video and
they're done and make their lives a lot easier. So in any case, for you, the reason why I'm raising
that is the videos that are going into your platform. The question is, who owns them?
Are you making it clear who owns them? Are you telling the people before they contribute,
hey, whatever you provide to me, I own all right title and interest to this. Like figure out
your licensing agreements with them beforehand. Make sure they sign something beforehand because
I don't know what your intent is going forward, but you may want to do, you may want to kind of
create a package for people based on different things that are being provided and you cannot
touch those unless you own them. So you have to figure all that stuff out beforehand and make
sure it's in your agreements before they contribute into your platform. Otherwise it can get really
messy, especially if money's being exchanged. Once money's being exchanged, people are not as
friendly. Let's just say it that way. So that's what I would do. I would look at the copyright
issues. Okay. Thank you. Because that was what I was wondering too, is that I honestly don't have
clear in my head is should the money that the students pay to take these courses, should it
come into the academy account and then the academy pays the instructors or should it be
more like a direct PayPal? I don't know the answer to that. I don't know the answer to that, but that
really what you should be figuring out is on the accounting side and on the corporate formation
side, where the assets are going. Like I can't guide you in that area, but what I mean for me,
anything that people are contributing to are going into my corporate account.
It doesn't touch my assets. It doesn't. Why? For liability purposes, for being able to bless
different individuals. Like I do certain contributions to different ministries, things
like that. I want to be able to control those assets, but I don't want any liability associated
with it. So it all goes into the entity. So I'll leave you with that though. That's how I would
look at that in my front. Okay. Thank you. Larissa, what's up?
Later question right there. Just a side note in the protection portal, should they sign up?
Will they get extended access to these VIP recordings? Yes. Oh, I didn't mention that.
That's right. Okay. Anybody goes into the protection portal for that whole year for
the protection portal, you have access to all the challenge videos and all the VIP videos,
all of them. Now here's the issue though. If a party did not sign up for VIP and I haven't figured
this one out, I'm still thinking about it. You can tell me what you want. If a person, I mean,
obviously you're all in VIP, so you'll have access to it. But if somebody was in a challenge,
didn't sign up for VIP and then goes into the portal, I don't think they should have access
to the VIP stuff because they weren't part of VIP. So they'll have access to the portal and
they'll be able to get videos as they go forward and the challenge videos, but they won't have
access to the VIP. Obvious, all of you are the VIP. So you're going to have access to the challenges.
You'll have access to the VIP stuff. You'll have access to me. You'll have the one and a half hours
every single month. You'll be able to email me directly. And just to be clear, I'm not going
to be emailing you back. I'm going to be going through this stuff in that meeting because for
me to email the time associated with putting together this challenge and figuring out your
questions, it's a lot. There's a lot that goes on in the background. And then on top of that,
all the materials that you receive, you'll actually have access to additional materials
that are all copyrighted by me, but you'll have access to that.
And there's other things that I'm going to be providing as well.
The people that are in there will see them.
There'll be guests from different locations
that'll give you additional feedback into things.
I'm gonna be covering some stuff in NFTs.
You'll have access to certain masterclasses
that other people won't even know about, things like that.
Yeah.
All right, so who technically is next on the list?
Cause I see Krista on the top left.
You have to let me know if somebody else was there.
Yes?
Are you okay with that?
Okay, good.
I think it's me.
It's me.
All right, go ahead my friend.
Hi.
First off, I just want to honor,
you're so encouraging to all of us.
Like it's such a gift.
You just have this amazing gift encouragement.
I know that everybody can feel it that is in here.
Just so thank you for making us not feel stupid.
Would be the best way of putting it.
You're all brilliant in your own ways, honestly.
I'm just bringing a different gift set.
You all have gift sets I don't have.
So that's why it's called the body of Christ.
It's pretty powerful when it comes together.
Yeah, I love it.
What do you got for me?
All right, so a couple of quick things.
So with the trademark searching, a specific logo.
So for instance, like a symbol,
like my symbol for my company.
And then, so I'm gonna throw just the questions
out really quick and then you can shoot through them
cause I really want to honor everybody's time.
So, and then the other thing would be
when you're hiring-
What was your first question?
You said there was a logo for your company.
What's your question?
Oh, how do you search just a symbol logo?
That's an awesome question.
Cause I'm like, I don't, I've gone back
and I'm like, I don't even know.
That's the million dollar question right there.
All right, I'm gonna show you guys like in a minute.
Actually, you know what?
I want to honor your time.
You know what I'm gonna do?
I'm gonna go live on Facebook tonight
and I'll do a video on it.
Okay.
Sweet, thanks brother.
That's amazing.
Yeah, so-
Absolutely.
It's very unique.
There's a way to do it.
Yeah.
Wonderful.
Okay.
And then with a patent attorney, so-
Larissa, can you just, thank you.
She's already on it.
Cool.
All right, go ahead.
Awesome.
So like with a specific patent attorney,
you were talking about something that's patentable.
I have my patent attorney and the things that
my specific thing that I'm launching or that is actually,
is in process, it's already patent pending
and whatever, you know the words.
Yeah.
Should he have searched to make sure
that what I was applying for
wasn't technically in the system?
Like, I'm like, cause I'm, when I'm meeting with a dude,
I was like, so is this even patentable?
He's like, I mean, probably isn't.
And I'm like, but the Lord told me to patent it.
So I'm going to do it even if it doesn't go through,
but you would assume.
So that was my question then.
Second-
All right, so let me address that quickly
before you get to the next one.
So a patent attorney will not do a search
unless you ask them to,
but there's multiple reasons for that.
Any prior art that you become aware of,
you now become responsible for it.
That means if in a patent search,
a patent comes up that you potentially infringe,
you're now placed on willful infringement notice
because you know about the patent
when you didn't know about it before.
So some people won't do a patent search at all
because they don't want to know.
They want to go in blind, basically.
They want, I'm blind.
I can't see anything.
I don't know that there's anything dangerous here,
so therefore it can't touch me.
Well, technically it can touch you.
It just can't touch you as badly, all right?
Now, if you do a search though,
it'll let you know beforehand
so you know whether or not you want to go forward
because there are different types of searches.
There are things called patentability searches,
and then there are things called clearance searches.
Clearance searches are to determine whether or not
you actually infringe anybody's patent.
A patentability search is to determine whether or not
what you're filing for is protectable.
Two different things,
although they're kind of done in a similar way.
Like the search that's done by the searching company
is kind of related.
This is additional stuff that we go into,
like how do you do a patent search?
How do you do a patentability or an invalidity
or a clearance?
Those are all different types of searches.
There's different kind of words that are used.
We go into all this in the portal.
This is, that's, you know,
so people know what to deal with in what situation.
So for you, what I would say
is if you're trying to determine if something's patentable,
that's called a patentability search, right?
Okay.
So that's, you can determine if it's patentable,
but you really didn't care if it was patentable or not
because the Lord said to file it, right?
So, you know, I mean, as far as I recall,
there was a specific scripture that talks about
not counting certain things.
You know, when the Lord tells you to do something,
you just do it.
So if he told you to do it,
you just do it and you move on, right?
Yeah.
But if you're not, you know, you're not,
if you're trying to,
if what you're trying to do is determine the ground
before you, so you do it in an effective manner,
that's okay.
You know, that's between you and the Lord.
You gotta figure that out, right?
Hey, right. But if you're cool with doing a search, then what
you would be doing is called a clearance search to see if you
infringe anybody else's technology. Because because if
the Lord already told you to go forward, you don't care if it's
patentable or not. You just you're just trying to determine
well, do I potentially infringe and if I do, what can I modify
to make sure I don't infringe? Right? So you can actually go
forward but doing in a wise manner. Right? You can know I
can know that I'm going from here to California. In three
and a half weeks, I can know that. Right? That was like,
perhaps this wasn't the case. But let's say the Lord said, I
want you to go. That's great. But now it's my job to figure
out how I'm getting there. Do I want to go by train by bus? Do
I want to go by plane? Do I want to start walking? I better start
today. Right? So that's up to me. That's how he's allowing us
to have our own agency, right? So me, he may have called you
forward to protect, but it may be up to you to figure out how
to protect. So that's the way I would look at that. But that's
called a clearance search.
Yep. Gotcha. You talked about that today, which makes a ton of
sense. And then last but not least, with obviously, I have a
lawyer and where we're at. Is there a case for you? I'm like,
I really don't want Dan to be my lawyer anymore. I want Peter to
be my lawyer now. And it's already filed. Does that make
sense? Like, how does that work? When you get to a place? I can?
I don't know.
That's another great question. The question is, and I'm not
saying this, because I'm trying to go work. I'm just trying to
explain it. It didn't have to be me. It could be anybody. Right?
So let's say you're working with a first attorney. The question
is, after you file something, can you change attorneys? The
answer is yes, you need to do what's called a change of power
of attorney. Okay, that has to be filed with the United States
Patent and Trademark Office. All right. All right. If it's not
filed, then the new attorney will not be able to touch
anything. And the person who has to actually sign the change
of power of attorney is the client themselves. The new
attorney cannot do it. And they tell you all follow it on my
own. Just say, Are you sure you're gonna follow it on your
own? Don't you need my permission? Then they should
probably say, All right, how'd you know that? And then realize
you talked to a lawyer. And so you have to sign off on it so
that you can you can now represent them.
Gotcha. So I would file
that at any point, you could do that early stages, late stages,
you can do whatever you want. Yeah, don't lock you into an
attorney. Well, that's wonderful. Yeah. All right.
That's all I got, brother. All right. Bless you. You take
care. Can I go to amber joy now?
Yeah. Okay. Thank you so much. So quick one, Peter. I've entered
the world of speaking. And when I'm on stage, I share my code
and code framework. And so I wondered what kind of
protection that I may have not from corporate entities now, but
from anyone in that audience, possibly, and I'm in the
coaching space, possibly taking snippets of that, maybe making
a we have five speakers, let's say, and they may, you know,
take a piece from me and a piece from Peter and a piece from
Karen and, you know, make their own framework kind of thing. Is
there any special type of protection, except probably
maybe a patent, I would have thought for the process that I
specifically share. But I'm asking because I kind of share
this. What kind of coaching is it again? motivational speaking.
So I basically do heart healing and deliverance. Okay, sugar.
I love deliverance. So good. Yes. Yes, it's give them what
they want to give them what they need. So my big hook is
single to soulmate. That's a big one and redeem your destiny.
Those are the two beautiful. Okay. All right. And so you've
actually basically dropped in the VIP, a final exam question
for a law, law school, right, just so you know, that that
that's essentially what you just dropped. Right. So I'm gonna
break, I'm gonna break it down for you right now. Here we go.
Here we go. We're gonna break it down. This is the way it works.
Whatever you named the the program, right, whatever the
program is, the names potentially protectable by
trademark, right depends upon what the services that you're
providing, the logo for it associated with that's
potentially protectable by trademark. The if you've got all
these guests that are coming on somebody's show, you should have
agreements in place before they come on to the show. So they
have an expectation of what's going to happen with the videos.
Because when you get those videos, you want to have all
right title and interest to the videos. So you can put them on
your website, or you can put them on your show, or you can
use clips of them for ads. Or you can do whatever you want
with them. You want to make sure that you have all right title and
interest to them. Now, since you're doing the recording,
since it's your show, technically, it's your
recording. So therefore,
should be a copyright that you own. However, if it's a presentation where they're all there on
stage with you, that's a very mushy area. It's changing the scope. It now becomes, this is my
forum. I'm doing some recording, but they might be doing some recording. Some people in the
audience might be doing some recording. Who owns what? Technically, the people who are recording
actually own their own recording. That's why you can walk down the street and I can take out my
cell phone, film you, and all of a sudden, I got something that I own because it's in the public
forum. There's no expectation of privacy. I'm going really deep on you because you asked a
really deep question. I'm digging in deep with you. Since there's no expectation of privacy,
now I have a work that's protectable by copyright. Now, as far as the patent world goes,
I don't know that you have anything that's protectable in the patent world because
you're coaching them on specific things. It falls back into that category of what we talked
about earlier, which is, are you coaching on ways of doing something where there is no device
that's associated with no mechanism? It's like an implementation. What I would do is what I
mentioned to the individual earlier, which is create a flow chart and write down each step
in your process and then present that flow chart to an attorney and say, here's my process.
Is the entire process together patentable or are any individual blocks within this patentable?
They should be able to sit down with you and go, first of all, thank you so much for giving me a
flow chart. I don't know how you knew to do that because they'll be amazed because most people go
to them and they drop a final exam question at a law school. Instead, you're going to go to them
with a flow chart and they're going to go, wow, this is organized. Now, when they look at it,
they're going to say, all right, steps number two and three, do you involve any software with this
or is there an extra entity that's involved or whatever? When they do that analysis, they'll
be able to determine whether or not you have something that's patentable. The one thing I
will add that you should be careful of is if you're inviting guests, figure out the relationship.
I'm invited by many other people, so I'm the invitee. You're the guest.
Yeah. You fall into the scenario, which I did with Todd and Tamara recently,
where they called me up and they said, would you please speak to my people? I said, oh my gosh,
absolutely. I'd be happy to do that. I've heard of what you've been doing for them.
I went on, we were scheduled for a half hour. It ended up being an hour and a half,
which is awesome. I love you too, Patricia. Love you too. She was one of the people that
was there. Yeah. Jeanette too. I love you too. I just volunteered my time, but then Todd called
me up and said, hey, I want to turn that into a bonus. That hour and a half session that you had,
I want to turn that into a bonus and let other people have the opportunity to own that.
Absolutely. Copyrighted. Absolutely. The question is, he called me up and he says,
are you okay with that? Now, technically he recorded it. If he recorded it, it's his
copyrightable work, but he knows he doesn't want to just kind of do something like that without
calling me first. I mean, you just don't, you know, it's not really the right thing to do.
And so what I would do is if you're going to be a guest on somebody's show,
I would get something in writing beforehand and say, hey, I would love to be a guest on your show.
I just want to make sure that I have the right to make copies. You're going to give me a copy.
And I have the right to make copies of my section, if not more and figure that out beforehand.
And most honestly, most organized corporations already have the paperwork lined up.
That part is, yeah, that part is clear. What I'm asking about is, so I share the four pillars
to doing these specific things. That's not copyrightable or patentable.
Well, that's why I said make the flow chart. That's what the flow charts for.
You're going to take your four pillars.
I do have some of those elements already. Okay. So take that to my patent attorney.
I would take the four pillars, describe the functionality associated with the four pillars,
like describe them in a flow chart. Then take that and go to your patent attorney and say,
here's, these are the four pillars of my program. This is what I do.
Okay.
Can you take a look at this and determine if it is patentable?
So when I make my appointment with Peter Navis, who is my patent attorney,
though he doesn't know, I would have this discussion with him.
I'm sorry. Say that last part again, Amber?
When I make my appointment with Peter Navis, who is my patent attorney, he doesn't know yet,
but when I make that appointment, I'll make sure that he has all of this. Thank you.
Yes, ma'am. Yes, ma'am. That's, that's what you do. Whoever your patent attorney is,
you would take it to them. Bless you. You take care. All right. I believe Miguel's next,
unless somebody told me otherwise.
Miguel, how are you, my brother?
Good to see you, man. Lots of fire here on this session. Love joining. So I have a request and then I have a question. Which one do you want first?
So the request. I'll go with the request. So I watched some of the recordings and one of the things you shared a few days ago was that we can use your language to file a trademark, right?
You have like a paragraph somewhere. Oh yeah. And you hooked me into this channel when you sent me out. Rather than throwing money away, which I have thousands of trademarks that I'm never even going to use.
What I need in my stage is agility. I need to throw away 20 because I flow quickly and throw them away if I don't use them, that's fine.
So I need agility. So I can't be using my lawyer for every single idea and that holds me back. Then I'm not in action. Makes sense?
Because I'm waiting to choose the right one and then you're not in motion. So for me, that's one of the critical things. So here's my request to you.
Maybe you've already thought it through, but it'd be amazing. You've created two amazing worksheets already, right? On documents.
So like some standard classes for us coaches, right? You're saying you're not going to do that?
Nope. That would be legal advice. Can't do that.
That's why you said it in that session that day.
You got it.
Otherwise you would have done it already.
Yeah, because literally what I'd be doing is I'd be giving you legal advice for what to use in your coaching situations.
And if something was wrong, I could potentially be liable.
Oh, gotcha.
You guys know that I own the trademark Challenge Whisperer. You can look it up online. I'm giving you permission.
I don't even actually need to give you permission. You can use it. I'm just showing you that that's mine and that works very well for my situation.
You need to determine if it works properly for you.
That's good Pete. So you're saying like legally we can just, when we see that description, we can use that legal jargon and not get into issues.
Even if you don't send us an email saying you guys are good to use that.
Yeah. So, I mean, that would be legal advice. So what I would say to you is that if you have a specific scenario, right?
A trademark that you're looking at that's similar to yours, or let's say that what they're doing is similar to you.
Yeah.
What you should do is take that recitation of goods and services and make sure it accurately describes what you're doing.
And that's not, you're not going to get into issues with a lawyer.
Yeah. I mean, if it literally does describe in intricate detail exactly what you're doing, then why do you have to reword it?
That's awesome.
This is not legal advice. I'm just telling you.
Thank you for your candid. Yeah. And I appreciate it. That answers my question. And then the request.
And then the question is, the other thing that holds me back is like, if I change the company name or location, then what happens to a trademark that I've already...
That's a good question.
Like applied, what is the process on that as well? Because I'm about to change my company name and all that.
That's held me back from then filing.
So, yeah.
So is the new name similar to the old name or is it very different?
Different.
Whole new application.
Yep.
Really?
That's easy.
Okay.
If it's different, I mean, if it's different, it's a new application.
If I change my company, what I mean is I have a trademark that I already got, right? For Challenge Whisperer, like yours, right?
And then you change your company name that you filed the trademark for. You change your company name.
Do you need to file another application for that trademark?
No, no. You're talking about something different.
What you're saying is that you file, I am company X and I filed for Challenge Whisperer.
Now, company X, the name of company X changed to company Y.
Yes.
Own Challenge Whisperer.
That's what you're saying.
That's different from a new trademark.
That's totally different.
That's a new owner's name.
So what you want to do is you want to file a change of name within the trademark office.
There's actually a form.
We go into this in detail in the portal, actually.
So you actually can file a change of name, a change of ownership document.
Now, it's different if you…
That's so awesome.
I love that.
It's different if you…
Oh, my gosh, she's gorgeous.
Hi.
All right.
Say hi, Sofía to everyone.
Hi.
Bless you, sweetheart.
Rock the show.
All right.
I'll let everybody go.
That answered my question.
You're saying that it's okay.
I'm still owning.
I can just file a change of name and they take care of it.
Yeah.
You need…
Right, right.
And it's a little different.
It's a little different if instead what's happening is you're acquired by another entity.
That's different.
That would be an assignment of all right title and interest.
So then you would have to file an assignment document with the United States Patent and Trademark Office to transfer.
Again, we go through that stuff in the portal, which is actually the ownership rights.
So there are certain things you need to do if ownership changes.
And there's a whole sequence of stuff to do with the patent office.
All right.
I believe…
I'm not going to guess who's next.
Somebody's going to tell me who's next.
Jen Flannery.
We'll get Jen Flannery on Spotlight.
Thank you, Miguel.
Awesome.
Hello.
Hi.
I love Miguel's questions.
Miguel is always just like, I need efficiency.
Let's go, go, go, go, go.
I'm all about it.
So good.
I got to go more faster.
My question is about advertising.
For example, video view ads, Facebook ads, things like that.
Is that because some of those,
you know, when we talk about challenge strategy, right?
We're talking of course about doing some things
that are value add.
Yeah.
And to put just free content out there, right?
People get to know who we are.
Lots of reasons for doing it, right?
Do, would we want to copyright that beforehand?
Are you saying the ads themselves you're talking about?
Well, I guess I'm asking,
can you even copyright an ad
or these videos that you're doing?
And would you even want to?
Like the point is to put it out in the public domain.
So people begin to find me and see my stuff.
Yeah.
Would you have a problem if somebody used
your exact same ad for them?
For one of my ads?
Yeah, I suppose, because it would be,
I guess it would be the,
I would need to then have filed copyright on my challenge,
the name and everything in the funnel,
like all of that, right?
Yeah.
So that basically breaks down your answer.
I mean, what I typically tell people is,
are you going to be upset if somebody else uses
exactly what you have?
So sometimes when you're creating an ad,
it takes a lot of time and effort to figure out
the perfect ad for the perfect who, right?
And for the perfect micro niche.
And so all of a sudden you're doing all this work,
you figure out what's the right graphic,
what are the exact right words,
where's the right placement of the dollar amount
or where's the right placement of the phrase,
what's the right expression.
I mean, a lot can go into an ad.
There are people that just kind of run ads
and there's people that will spend tons of time
creating a single ad that becomes like a powerful,
powerful vessel.
And so if that's the case,
then you want to own that, obviously.
Now keep in mind, one of the things I taught you all,
you actually own it, you have a copyright on it already,
even if you don't file.
But the big thing is if you want to enforce it,
you've got to file something.
So for those reasons, what I tend to do,
the ads that I'm running right now are not,
they're not potent.
They're just, I'm trying out a new agency.
I'm letting them run some ads.
I change their copy, I change their images.
There's a lot of things that I'm going to change
because there's a certain way I like to do things
as an attorney.
And there's a certain thing I want to see.
I haven't seen it yet from them.
But when I see that, when I have that,
I guarantee you I'm going to protect it
because nobody else will be able to use that.
So for you, if you're running like eight different ads
and two of them are like really important,
you might want to file copyright on those
so nobody else can use them.
Because they're images, that's what they are.
They're images, they're text.
Yeah, okay.
I didn't know if, because for example,
they're on the Facebook platform, right?
When we were talking about who has license to do what,
simply because I'm paying for an ad
and it goes into a magazine, onto Facebook, wherever,
that then do I?
You raise an incredible question
that I actually hadn't thought about,
which is since Facebook has rights,
has a non-exclusive license to all this stuff,
if I run an ad on Facebook,
does Facebook now have rights to the ad?
And then can Facebook now market my ad
to another person to purchase from Facebook
for running their own material?
I don't know the answer to that.
I haven't seen Facebook marketing.
I may be completely wrong, I don't know.
But I haven't seen yet Facebook marketing to me
a specific ad that I can use that's theirs.
I haven't seen that yet.
I don't know that it exists.
I wouldn't doubt if it does exist
because Facebook will do anything for money.
So, I mean, their ad cost is ridiculous.
So you really have to know how to niche down
in the right way to do things properly.
So there's ways around it all
and like Liz and Pedro will teach you all that stuff.
But the fact of the matter is I don't know the answer
as to whether or not Facebook is taking the ads
that you and I are running,
then taking them, putting them in another platform
so people can go in there,
find ads they wanna run and then purchase them.
I don't know.
I honestly don't know the answer to that.
But since we're running things on Facebook,
they have a non-exclusive license
to use the material, period.
Well, and they do use it in the sense
that there's the Facebook ads library.
So that's all public and you can go in and look and see.
You can search by name, location, title of thing
and you can see all kinds of ads.
Is that specific to the party
or does it allow you to purchase the ad to run yourself?
No, you can't purchase the ad,
but they've collected it, right?
And they're just storing it.
So it's a great way to go look
and see what other people are doing.
If you're looking for design examples or wording examples.
I mean, it all becomes,
honestly, Jennifer, it becomes a balancing test.
Like what's the advantage of marketing?
on Facebook, it's pretty good. You know, so am I willing to lose potentially the rights to a
specific ad that I'm running? Yeah, because I want to take advantage of that market, you know,
it's it always comes down to a balance. And that's typically how the law is, you know, the law says
this. Now you have to figure out in the corporate structure, do I want to do I want to do something
that that clearly is in compliance with that? Or do I want to do something that may hurt me?
But I know that there's a benefit associated with it. So you never want to violate the law. But at
the same time, if the law is going to hurt you, it's still a business decision, you may decide,
I don't care. Look, I'm getting 1000s of dollars on my challenges because of I'm running this
specific ad. If somebody else gets it, oh, well, that might be your business decision. I, you know,
so I but again, I wouldn't doubt that. I wasn't surprised when you said essentially, there's one
place where you can look at all the ads. I wasn't surprised. I didn't know that happened. But I
wasn't surprised. And so the next step, honestly, is they could market at all. So Wow, yeah, it's
just it's just part of the you know, it's part of the environment. Larissa, what are you gonna ask?
Good. Let's check on to that. Like, so you have a bunch of copy and yet for an ad there on
specifically on Facebook, can we put copyright at the bottom and kind of keep other people from
using it other platforms to get away? That's what I would do. I would put the copyright notice on
your Facebook pages, I would put it on other stuff. You know, I use it on my websites. It's
on my funnel. You know, people are copying materials off my funnel. You know, it's all I
use it as much as I can. And I know you said like, we couldn't put a trademark, like, let's take the
name of my challenge, right? You find one, it's really working, you're right. And you would,
I would want to trademark the name of the challenge, right? But then the whole funnel,
all of that content is what gets falls under the copyright. Correct. Right? Can I? Yeah. And
because like, I think even in my TNCs on the bottom of my funnel, I'm pretty sure there's a
copyright, I'd have to go back and look, I think I already put that on there, because it's my material.
But I think it says at the bottom of my funnel, copyright mine. Yeah. And I do that in that case,
if I haven't actually there's certain things that would be yours and certain things that would not
be yours. So just slapping the statement on there doesn't make everything yours. Like that's the
ideal situation. You got to figure out which things are copyrightable and which things are
not copyrightable. Again, that that stuff we go into in the portal, we break it down in more detail,
because there's, there's certain generic descriptions that you could never own,
you can't own a generic description. Because if you owned it, then nobody else could describe it
that way. And then nobody's going to allow you to do that. So let me take Cindy's question,
because we're, we're, we're pretty far over at this point. My quick question was just Peter,
can you use the the copyright symbol, even if I haven't filed the official copyright? I think
you Oh, yeah. Right. Okay. Yeah. copyright, you can do that trademark is a no, no. Well,
what do you do in trademark? Well, I thought you said that you can't put a TM on something unless
you have filed a trademark. No, no, no. Okay. So the TM is identifying to the public that you
believe you have rights to that trademark. You don't have to have filed anything. Okay. I mean,
if that were the case, there would be no such thing as common law rights, right? Because common
law rights are where somebody's never filed a trademark at all. Okay, then I'll go back and
look at my notes because there was something that we were talking about made me think that I'll go
find that later. Yes. The general rule, the general rule, Jennifer is T the second you believe
that the name, the logo, the slogan is yours. slap a TM on it immediately. If coach there she is
coach Karen, coach Karen second she heard it. She's like, TM, TM, TM, TM, TM. It's like all over
the place. So put your TMS out there. You don't need to file anything. The one warning though,
never use a circle R unless you have a federal registration for a trademark. That's where you
got to be careful. Because if you use a circle R, you're telling the world that you have a federal
registration, which is misleading. That can result in you being liable, you know, in a court of law.
So you got to be careful with that. Does that make sense? Yeah, I kind of think maybe that's
where I got confused then. Awesome. Thank you for that. Yeah, just I just want to make sure it's
clear before I move on because that that's that's a so in the copyright world, you can slap a
copyright symbol and you know, notice on everything like you're not gonna have an issue
with with potential liability, nothing, nothing. In the in the trademark world, you slap the TM on
the second that you believe that you this is a trademark that I want to own. Or this is important
to me. It's a corporate name. It's the name of my products, the name of my services. Boom, TM
immediately. Boom, TM. Now I've
File a trademark application.
I don't do anything.
The TM's still there.
I get the allowance.
I don't do anything.
The TM's still there.
I get the registration for the trademark.
Now I change it to a Circle R,
because now it's registered.
So now the whole world knows
that I have a federal registration on this.
I own it throughout all of the United States.
Okay, the Circle R replaces the TM
once the registration is issued.
Yes, you got it.
That's it.
You got it.
Come on.
That's it.
You got it.
Well done.
Thank you.
You're so welcome.
All right, and our last but not least, Cindy.
Go right ahead.
Hey, thank you so much for all this great information.
Really appreciate it.
Oh, absolutely, Cindy.
Absolutely.
So you've gone over this several times.
I just wanna make sure I'm hearing it correctly.
So if there is like, say you were gonna,
I don't know, start a water bottle company
and you could call it Apple Water Bottle Company
and Apple computers can't come after you
because it's not computers, it's water bottles, right?
Well, you're talking about a famous mark.
So your specific scenario is gonna be awkward.
Like the way I would do it is I would do an analysis
for normal trademarks as opposed to a famous mark
because a famous mark has more strength
than anybody else's mark.
So McDonald's, if somebody had a water bottle
with McDonald's on it,
I guarantee you McDonald's will sue them.
Why?
It's a famous mark and they sell beverages.
And so they're gonna say, well,
it's not the same thing as what we're doing,
but it's kind of related.
And so, I mean, even if somebody did a McDonald's computer,
honestly, I think McDonald's would go after them
because they have Mc on everything.
They have McDonald's everywhere.
And so their mark is so powerful, so strong,
because they have like hundreds and hundreds of them,
if not thousands throughout the world
that they're gonna go after you.
Now, in a typical situation, not McDonald's, not Apple,
Challenge Whisperer.
Somebody says, I wanna create
a Challenge Whisperer computer line.
I can't do anything about it.
It's like, they're not providing coaching services,
mentoring services.
They're not doing anything that's associated
with running challenges or running seminars
or any of those things.
It's a computer, like it's not even close.
In those kinds of situations, it's more distant.
That's why what I would do is touch base with an attorney
and say, look, here's a trademark, here's my trademark.
I don't believe they're related.
These are shoes, these are restaurants.
Like, I don't believe they're related.
What do you think about this?
And then let them do the analysis
of looking at the recitation of goods and services
and seeing if they honestly believe
there's a likelihood of confusion at all.
Those, remember those nine steps
that I gave all of you in that handout?
Those are the steps that a lawyer
is gonna go through one by one.
Does it look the same?
Does it sound the same?
Similarity to the source of goods and services.
All those things, they're gonna consider them one by one.
So the short answer is,
and I don't like these answers, but it depends.
And so you wanna, if it's clear, they're not even related,
chances are very high, you're gonna be fine.
But it's always best to touch base with an attorney
just to be careful.
So if it's somewhere in the middle,
like, is it famous enough to not use it?
You basically need to rely on an attorney to determine.
Honestly, in my opinion, Cindy,
if it's a famous mark, stay away from it.
Just don't even play games.
There's no reason for you to use a famous mark, zero.
If you're trying to use a famous mark
because you know people know it
and it's gonna draw people over to you
even though you have a very different good of service,
then what you're doing is you're taking advantage
of the goodwill of the other company.
That in and of itself is a non-starter.
Okay, well-
Don't even bother, yeah.
It's a descriptive word.
And that's the reason I'm drawn to it.
I don't really care about-
If it's a descriptive word,
people can't get trademarks for descriptive things.
So you can't own red door in construction.
It's not gonna work.
Okay.
Because if you own red door in construction,
anybody building a building and says that's a red door,
they would infringe on the trademark.
So you can't get a registration
on something that's descriptive, okay?
Awesome, thank you very much.
All right, my friends.
This was the second to last,
our second to last VIP session.
Tomorrow's our last one.
If you have any questions on the portal,
the portal, like I said, we have more time there.
We sit down, we massage the-
You know, we go through all the different things.