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All right, all right, guys, well, welcome to VIP.

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So there are a number of people that are not here right now, they'll be jumping in shortly.

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But then some of them also will be jumping in tomorrow.

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So I have a question or two from them that I'll go through.

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But all of you will have the advantage to be able to ask your own questions directly

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because usually we have, oh, I don't think you actually know this.

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So we ran the law for AI masterclass.

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Right after we ran the law for AI masterclass, there were a number of people asking questions

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about IP that really didn't understand a lot of IP.

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So I decided to do usually I run the the protector idea challenge like once every three months.

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But I started to I decided to do a short run one for the people that came right out

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of the law for AI masterclass because they had a lot of questions about IP.

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And so I decided to do one before we do our next major one, which is predominantly focused

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on the people who are in AI as well.

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So that's where you guys get the advantage of being on to this one.

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So with that, I think what I'm going to do is start out with seeing if any of you have

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any specific questions, and then I'm going to jump right into trademark searching, logo

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searching so you can get more exposure and experience with actually doing it on your

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own.

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So with that, let me see if any of you if any of you do have a question, you can actually

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raise your normal hand and just unmute yourself.

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VIP is very different from the other group, VIP, you can just chime in as I'm going through

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different things.

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So I can give you a lot more guidance.

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So see, does anybody have a specific question yet?

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Or I can just jump right into searching.

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Jennifer, you have a question or you do?

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Yes.

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Okay, guys.

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All right.

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Well, let me jump into searching because this is something that can be really tricky.

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So let me share my screen.

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While you're doing that, Peter or Ray, I'm getting hit up.

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Do members of ALUN actually get also get access to VIP as part of that package or was it just

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to the main session?

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It's just the challenge itself.

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Yeah, they have to.

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Yeah, because if they want to upgrade into ALUN, it's a separate, it's a separate thing

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because I wanted to give this opportunity for one on one time, which you typically don't

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get in challenges like the way we run this, this specifically, is going to be extremely

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different.

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I mean, to actually be in imagine like being in, in a legal meeting in a conference room

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with your attorneys and being able to ask questions as everything's going on.

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That's how we run this.

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So it's very different from a challenge environment.

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And for that reason, it's a different cost.

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All right.

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So here we go.

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All right.

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So this right here, this is the United States Patent and Trademark Office website.

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I feel like I should close all these other things.

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I have a lot of things.

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Close that.

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Close that.

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Close that.

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I don't want anything interfering with us.

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That.

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Close that.

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There we go.

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Can everybody see the page?

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All right.

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So it's at USPTO.gov, USPTO.gov.

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And can one of you drop the link for them just so they have it?

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Okay.

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So if you go right over to trademarks here, if you hover on it, then right underneath

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that you see it says searching trademarks.

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So if you click on searching trademarks, they just did some weird thing recently.

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They've got this new beta version for doing trademark searches.

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I'm going to show you the traditional way.

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And for those of you that are in the protection portal, you'll be able to see how to do it

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otherwise later.

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But for now, you should be able to use this version.

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Okay.

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So right here, you'll see underneath it says search trademark database.

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You have two options.

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You can click on this link here, this purple link here, or you can click on the box.

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Either one goes to the same place.

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You just click on that.

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Now you get this screen.

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So there's three options to do a trademark search.

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I tend to tell people to use the second one.

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I don't use the first one because if you go into the first one, this is what you get.

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Under the first link, you get this drop down that only gives you three options.

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Use these.

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the word itself, the serial number,

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the registration number,

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which almost nobody's gonna have,

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or you can use the owner name and address.

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A lot of people aren't gonna be searching

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for an owner name or address.

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If you have a brand new name,

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chances are extremely high that you're gonna wanna type

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in the name itself, which means you're gonna go

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into combined wordmark and type in,

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let's say, what was the name?

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One of the names I gave before, let's say Jost.

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Let's say that was one of the names.

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I just do submit query, says nothing's available, right?

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But no, I don't wanna give you feedback, thanks.

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So, don't you like how the USPTO gives you a commercial

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in the middle of a demonstration?

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And now for this television intermission.

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So what I tend to tell people to do instead

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is go to this second link here.

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I see a few people just joined us.

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So, basically you're going to,

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since we haven't gone too far yet,

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I'll show you real quick where we are.

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We're at USPTO.gov.

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We click on trademarks, go down to searching,

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scroll down to the button,

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press the button and you're here, okay?

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So now at this point,

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your second link is word and or design mark search.

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That's the one I would suggest that you use.

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Once you click on that, this is where you are.

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So the first thing to keep in mind

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is if you're gonna use this field and this field,

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you've got to change this operator over here to say, and.

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If you don't do that, which I have done countless times,

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like if you type in Nike and then on the bottom,

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you type in footwear, is it where?

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Is it like that or is it?

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Yeah, it's Ari, there we go.

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E-A-R, I think.

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Is it E-A-R?

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E-A-R, right?

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Yeah.

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E-A-R.

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W.

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Yeah, that's right, yeah.

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So footwear like that.

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So then if I type Nike and footwear,

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but I say or, look at how many results I get.

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How many people have enough time

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to look at 319,000 results?

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Anybody want to volunteer for that?

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Yeah, probably not.

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So what you want to do instead

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is go and change the operator to and,

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and then when you do a search,

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now you only have 465 records, big difference, okay?

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But now you can actually make it more specific

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because if you notice, I use Nike as any field

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and I use footwear as any field.

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As long as Nike appears somewhere

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and footwear appears somewhere, it popped up.

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But if I look at the results here,

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let's say I go down to CryptoKicks.

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When I go to CryptoKicks,

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it has the word footwear

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and then it's owned by Nike, right?

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So it is owned by Nike Corporation

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and it does have something in footwear,

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somewhere right there in footwear.

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So CryptoKicks apparently is a brand new trademark of,

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oh, well, you guys actually noticed before anybody else.

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So apparently Nike literally just came out

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with a brand new line called CryptoKicks

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that nobody knows about except you.

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So there you go.

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All right, so I didn't even know that was the case.

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So, and then what's Gotem?

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That's a brand new filing too.

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Nike apparently just filed on August 10th,

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a trademark application for Gotem

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as online retail store services, including footwear.

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All right, so apparently Gotem is gonna be their new store.

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I didn't even know that.

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So they just filed on it,

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but it says that they've been using it since 2015.

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So it shouldn't be that new.

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So, all right, so let me show you

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how you do a trademark search.

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You put in whatever the word is that you're looking for,

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let's say Nike.

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And again, this, I always preface this,

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especially since it's recorded.

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This is not legal advice.

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Get your lawyers to back up your searching.

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I'm showing you this so as to help you.

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The way you should use this tool, honestly,

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is let's say you have five or six different names

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you're thinking of using.

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You can do your own search for the five or six,

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find like two of them that look like they're available.

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And then at that point,

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you present those two to your lawyer

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instead of like the six.

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That's gonna bring your costs way down, right?

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I mean, even so, like let's say you have a marketing team,

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you came out with 10 potential names.

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Get one of your people to do some top level searching here,

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knock out like eight of them.

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You got two left, talk to the lawyer about the two.

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If you go talking to the lawyer about the 10,

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You can spend a lot of time and money on something

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that you could have done on your own very easily, okay?

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So I look up Nike, but now I want to look in the field box.

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You see all these options under field?

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I'm gonna tell you what these things are, okay?

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And you're gonna have the recording.

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So don't worry if you're not keeping up with all this,

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but abandonment date, you're not gonna use.

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That's like when the trademark application went abandoned.

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Affidavits, you're not gonna use.

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That's if one has to be filed on behalf of an individual

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with the filing of a trademark application

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or after filing.

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The assignment recorded,

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chances are you're not gonna use that.

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If I own a corporation, I may take my trademarks

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and assign them to my corporation.

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Before I go any further,

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let me cover that topic in detail.

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So this is why VIP is so important

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because this is really practical, real business use.

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Why would you assign your IP to your corporation?

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Okay, that's the question.

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So let's think about that.

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Jennifer, do you have something?

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I was gonna ask if it's like when you register

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and assume business name under your corporation.

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Right, so if you register your business,

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let's say your name is ABC Corporation

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and you're gonna file a trademark application for ABC.

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Let's say ABC is the name of your company.

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So you wanna own ABC so nobody else can use ABC.

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Just like Nike Corporation, they own Nike, same idea.

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The reason why you assign all right title and interest

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for the IP into your corporation

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is so you can get number one, the tax write-offs

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because then any expenses associated

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with filing a trademark is basically a business expense.

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The trademark also becomes owned by your entity,

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which is called an intangible asset.

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So when you assess the value of the company,

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the value of the IP is considered.

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So let's say you're looking for obtaining angel investment.

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So you're looking to obtain VC investments in your company

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or another person of value to actually evaluate

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whether or not they wanna donate money to your company

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to do something or even a bank.

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You're going to a bank,

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which is probably the most expensive money in the world.

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But let's say you go to a bank

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to obtain funds for your entity.

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You list your IP as an asset

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that increases the value of your company,

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which allows you to get more money into your company

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at a lower rate because it has a higher value.

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That's why IP becomes valuable.

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So those are some of the reasons why you might do it

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to get the write-off, which you can't do as an individual

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unless you have an entity of some sort

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to increase the value of your company.

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00:12:55.160 --> 00:12:57.180
And by increasing the value,

258
00:12:57.180 --> 00:13:00.320
you'll be able to obtain funds more easily.

259
00:13:00.320 --> 00:13:01.640
Or sell the company.

260
00:13:01.640 --> 00:13:04.760
Or that was the other part, is exactly that.

261
00:13:04.760 --> 00:13:07.460
When you're going to sell the company,

262
00:13:07.460 --> 00:13:11.280
one of the things that is actually always looked at is IP.

263
00:13:12.240 --> 00:13:16.160
A lot of times when VC corporations are going to,

264
00:13:16.160 --> 00:13:19.880
as an example, Magma Ventures is one of them,

265
00:13:19.880 --> 00:13:23.280
Carmel Ventures in Israel, they're my clients.

266
00:13:23.280 --> 00:13:26.760
So whenever they go to invest in a company, they hire me.

267
00:13:26.760 --> 00:13:30.580
And the first thing they say is destroy their IP portfolio.

268
00:13:30.580 --> 00:13:32.580
That's literally the first thing they say.

269
00:13:32.580 --> 00:13:36.280
It's such an awkward first meeting.

270
00:13:36.280 --> 00:13:37.680
Like I have the head of their company,

271
00:13:37.680 --> 00:13:39.520
the president, the CEO here.

272
00:13:39.520 --> 00:13:42.200
I have my client, the investment firm here.

273
00:13:42.200 --> 00:13:44.440
They're about to invest, you know,

274
00:13:44.440 --> 00:13:47.680
maybe 15 million, 25 million into their company.

275
00:13:47.680 --> 00:13:50.660
They say, we'd like you to meet Mr. Nieves.

276
00:13:50.660 --> 00:13:54.560
Mr. Nieves has been doing in all areas IP for 25 years.

277
00:13:54.560 --> 00:13:56.600
We've hired him to look at your portfolio

278
00:13:56.600 --> 00:13:58.760
and to see if he can destroy it.

279
00:13:58.760 --> 00:13:59.840
And they go, what?

280
00:13:59.840 --> 00:14:03.800
And so, it's a really awkward first meeting.

281
00:14:03.800 --> 00:14:05.800
But the whole point of it is that

282
00:14:05.800 --> 00:14:09.500
now all of those assets are being assessed

283
00:14:09.500 --> 00:14:13.640
by the VC firm to see how much money they're going to put in.

284
00:14:13.640 --> 00:14:16.080
And if they find out that your patents are not good,

285
00:14:16.080 --> 00:14:19.340
your trademarks are not good, your copyrights are not good,

286
00:14:19.340 --> 00:14:21.240
now they have to determine, all right,

287
00:14:21.240 --> 00:14:22.800
am I going to invest in a company

288
00:14:22.800 --> 00:14:25.800
that essentially doesn't have anything they can protect?

289
00:14:25.800 --> 00:14:27.320
That means the competition can come in

290
00:14:27.320 --> 00:14:28.480
and do the exact same thing

291
00:14:28.480 --> 00:14:31.080
and there's nothing they can do about it.

292
00:14:31.080 --> 00:14:34.480
It's just a battle of who can do it cheaper, right?

293
00:14:34.480 --> 00:14:36.840
And that's a hard battle to be in,

294
00:14:36.840 --> 00:14:40.120
especially when you have like Malaysia, Indonesia, China,

295
00:14:40.120 --> 00:14:44.280
lots of places where you can get very inexpensive labor.

296
00:14:44.280 --> 00:14:48.160
So, one of the reasons why you have the IP

297
00:14:48.160 --> 00:14:50.040
in the name of the company is

298
00:14:50.040 --> 00:14:51.720
so that you can have all the benefits

299
00:14:51.720 --> 00:14:53.400
that Jennifer just highlighted, right?

300
00:14:53.400 --> 00:14:56.140
But here's another thing to keep in mind.

301
00:14:56.140 --> 00:14:58.800
If you assign all right title and interest to the entity,

302
00:14:58.800 --> 00:15:00.200
you may lose.

303
00:15:00.000 --> 00:15:05.000
the right to make decisions with regard to your IP.

304
00:15:06.260 --> 00:15:07.300
What do I mean by that?

305
00:15:07.300 --> 00:15:12.300
Let's say that your company has a board of three individuals

306
00:15:13.340 --> 00:15:16.200
and the board has the rights to make decisions

307
00:15:16.200 --> 00:15:18.380
regarding the IP, meaning the trademarks,

308
00:15:18.380 --> 00:15:20.320
the copyrights, the patents.

309
00:15:20.320 --> 00:15:23.340
The board could sell the IP without your permission.

310
00:15:23.340 --> 00:15:24.660
So you've got to be careful.

311
00:15:24.660 --> 00:15:27.380
I had a friend of mine who created a company

312
00:15:27.380 --> 00:15:28.900
worth about $58 million.

313
00:15:30.300 --> 00:15:34.740
Her board voted her out of her own company.

314
00:15:36.020 --> 00:15:39.080
I mean, that was a horrible phone call.

315
00:15:39.080 --> 00:15:40.340
She was on the phone crying,

316
00:15:40.340 --> 00:15:43.200
literally grown woman in her 50s crying

317
00:15:43.200 --> 00:15:45.940
because they essentially stole her baby from her.

318
00:15:45.940 --> 00:15:48.480
So you got to be careful if you create a board

319
00:15:48.480 --> 00:15:51.300
within your company and you assign all right,

320
00:15:51.300 --> 00:15:55.640
title and interests for your IP over to the company.

321
00:15:55.960 --> 00:15:58.320
If it's important for you to maintain ownership rights

322
00:15:58.320 --> 00:16:02.240
to the IP, you might want to license the IP to the company

323
00:16:02.240 --> 00:16:06.080
instead of assigning all right, title and interests over

324
00:16:06.080 --> 00:16:08.840
or come up with some other way to control

325
00:16:08.840 --> 00:16:10.080
what happens with the IP.

326
00:16:10.080 --> 00:16:13.060
Otherwise it's gone and there's nothing you can do.

327
00:16:13.060 --> 00:16:14.160
It's literally gone.

328
00:16:15.380 --> 00:16:19.900
Okay, so with that, let me share my screen again

329
00:16:19.900 --> 00:16:22.760
and I'm going to show you how to do the search.

330
00:16:22.760 --> 00:16:24.300
So here we are back.

331
00:16:25.760 --> 00:16:27.360
At the USPTO website,

332
00:16:27.360 --> 00:16:30.080
there's the United States Patent Trademark Office website.

333
00:16:30.080 --> 00:16:34.040
We've talked about, can all of you see the dropdown

334
00:16:34.040 --> 00:16:34.880
thing here?

335
00:16:34.880 --> 00:16:37.240
Okay, I just want to make sure so I don't lose anybody.

336
00:16:37.240 --> 00:16:39.400
All right, so attorney of record,

337
00:16:39.400 --> 00:16:42.440
if you're trying to see all the trademarks that I've filed,

338
00:16:42.440 --> 00:16:44.200
you can just look up my name.

339
00:16:44.200 --> 00:16:46.640
You can see tons and tons of trademarks.

340
00:16:47.680 --> 00:16:50.740
And sometimes I have them filed in the name of the law firm

341
00:16:50.740 --> 00:16:51.800
instead of my name,

342
00:16:51.800 --> 00:16:53.440
in which case they wouldn't be under my name,

343
00:16:53.440 --> 00:16:57.360
but it just depends on what the circumstances.

344
00:16:57.360 --> 00:16:59.280
So basic index, you're never going to use.

345
00:16:59.280 --> 00:17:01.260
Coordinated class, you're not going to use.

346
00:17:01.260 --> 00:17:03.200
Cancellation date, you're not going to use.

347
00:17:03.200 --> 00:17:04.960
Change of registration, you're not going to use.

348
00:17:04.960 --> 00:17:06.319
Current basis.

349
00:17:06.319 --> 00:17:09.099
Current basis is in an actual use trademark

350
00:17:09.099 --> 00:17:11.200
or an intent to use application.

351
00:17:11.200 --> 00:17:13.180
You're not going to be searching under that.

352
00:17:13.180 --> 00:17:14.940
So I wouldn't worry about that.

353
00:17:14.940 --> 00:17:17.359
Decimal mark, you're not going to use.

354
00:17:17.359 --> 00:17:20.599
Now we started getting into things that you're going to use.

355
00:17:20.599 --> 00:17:22.160
Description of the mark.

356
00:17:23.119 --> 00:17:27.200
So let's say that it's a logo, like the swoosh.

357
00:17:27.200 --> 00:17:29.360
You can search under description of the mark.

358
00:17:29.360 --> 00:17:31.720
You could just type in swoosh

359
00:17:32.800 --> 00:17:34.860
and you'll actually get results

360
00:17:34.860 --> 00:17:37.780
that actually include the Nike swoosh, okay?

361
00:17:38.920 --> 00:17:41.440
So description of the mark is really good

362
00:17:41.440 --> 00:17:44.320
when you have logos, meaning designs.

363
00:17:44.320 --> 00:17:47.960
And you want to describe different parts of those designs,

364
00:17:47.960 --> 00:17:49.200
use description of the mark.

365
00:17:49.200 --> 00:17:50.640
That's really helpful.

366
00:17:50.640 --> 00:17:53.600
Design code, you're not going to know the code.

367
00:17:53.600 --> 00:17:55.180
I know some codes.

368
00:17:55.180 --> 00:17:57.040
I don't even search under code names.

369
00:17:58.000 --> 00:18:00.000
Design description is very similar

370
00:18:00.000 --> 00:18:01.520
to description of the mark.

371
00:18:02.480 --> 00:18:05.360
I find that some of it is redundant personally,

372
00:18:05.360 --> 00:18:08.040
but you can use a lot of the same information

373
00:18:08.040 --> 00:18:09.000
like the Nike swoosh.

374
00:18:09.000 --> 00:18:12.340
You can put a swoosh under design description

375
00:18:12.340 --> 00:18:15.500
if you're looking for trademarks that include a swoosh.

376
00:18:15.500 --> 00:18:17.480
Disclaimer statement, you're never going to use.

377
00:18:17.480 --> 00:18:20.840
Distinctiveness limitation, you're not going to use.

378
00:18:20.840 --> 00:18:23.120
Filing date, if you know the actual filing date

379
00:18:23.120 --> 00:18:26.400
of a trademark, if you want to do something really cool,

380
00:18:26.400 --> 00:18:29.360
actually I should, okay.

381
00:18:29.360 --> 00:18:32.600
I'm going to tell you about something that you should not do

382
00:18:32.600 --> 00:18:36.520
that some people got caught wind of because they're smart,

383
00:18:38.540 --> 00:18:40.400
but you should never do because it's actually,

384
00:18:40.400 --> 00:18:42.740
personally, I think it's unethical.

385
00:18:42.740 --> 00:18:44.880
I said, it's really cool because when I thought

386
00:18:44.880 --> 00:18:47.240
of the business plan of these people,

387
00:18:48.000 --> 00:18:51.360
it was clever, but what they did was they just type in

388
00:18:51.360 --> 00:18:55.200
for filing date, let's say I type in for a filing date

389
00:18:55.200 --> 00:18:59.800
like 9-18-2023, I could see trademarks

390
00:18:59.800 --> 00:19:03.240
that are filed today, right?

391
00:19:03.240 --> 00:19:06.640
So what some of them actually did was they look

392
00:19:06.640 --> 00:19:09.760
for the trademarks that are filed today,

393
00:19:09.760 --> 00:19:12.320
then they buy domain names for the same trademarks.

394
00:19:13.320 --> 00:19:15.160
And then they reach out to the people

395
00:19:15.160 --> 00:19:18.080
that own the trademarks and they say,

396
00:19:18.080 --> 00:19:20.800
hey, do you want to buy the domain name?

397
00:19:20.800 --> 00:19:23.280
Don't do that, all right?

398
00:19:23.280 --> 00:19:27.600
It's a brilliant corrupt scheme, let's put it that way.

399
00:19:27.600 --> 00:19:30.640
It is a brilliant corrupt way of doing business.

400
00:19:30.640 --> 00:19:31.640
Why do I say that?

401
00:19:31.640 --> 00:19:34.920
Because they could file a claim against you

402
00:19:34.920 --> 00:19:39.920
under what's called the domain name dispute policy,

403
00:19:40.120 --> 00:19:45.120
and they can force you to surrender the domain name to them.

404
00:19:45.160 --> 00:19:47.160
They could force you to do it,

405
00:19:47.160 --> 00:19:48.920
but you're gonna get some people out there

406
00:19:48.920 --> 00:19:51.760
that have no idea that they have any legal rights,

407
00:19:51.760 --> 00:19:54.440
who have never taken the Protect Your Idea Challenge

408
00:19:54.440 --> 00:19:57.880
and have no idea that they actually could stop you

409
00:19:57.880 --> 00:19:59.600
from taking their domain name.

410
00:20:00.000 --> 00:20:08.720
because you own the trademark so let me take that let me make that slower let me explain something

411
00:20:08.720 --> 00:20:14.480
to you real quickly if you own a trademark let's say rachel owns a trademark and all of a sudden

412
00:20:14.480 --> 00:20:21.920
somebody buys a domain name for the exact same trademark right so she owns um claremont for

413
00:20:21.920 --> 00:20:29.200
computers right and somebody else buys claremont as a domain name and they're using it for selling

414
00:20:29.200 --> 00:20:36.480
computers rachel if she has the trademark can file under the domain name dispute policy a claim

415
00:20:36.480 --> 00:20:42.560
against them and get them to surrender their trademark to her because she owns the federal

416
00:20:42.560 --> 00:20:48.720
registration so when people start blackmailing you because you've got a really cool name and

417
00:20:48.720 --> 00:20:54.080
somebody buys a domain name and they try to blackmail you look up the domain name dispute

418
00:20:54.080 --> 00:21:01.760
policy called the domain name dispute policy and that can be used to stop them now if they're using

419
00:21:01.760 --> 00:21:08.080
that domain for like something that's not related in any way shape or form they may have some kind

420
00:21:08.080 --> 00:21:15.120
of grounds to argue against you but i had a client of mine who owned king's loot the company's name

421
00:21:15.120 --> 00:21:21.840
is king's loot somebody bought king's loot and started marketing wallets my client sells wallets

422
00:21:22.400 --> 00:21:28.640
i filed a complaint against them under the ican which is i c a n n it's called the domain name

423
00:21:28.640 --> 00:21:36.080
dispute policy and immediately they lost like it was they once they saw us file they said we

424
00:21:36.080 --> 00:21:42.720
won out because they knew they were going to lose so they immediately oh thanks ray yeah drop it

425
00:21:42.720 --> 00:21:47.280
yeah i just want to make sure it was the right one yeah yeah no that'll help them out drop it

426
00:21:47.280 --> 00:21:52.320
yeah she's always thinking of different links that we have that will help you guys out so it's

427
00:21:52.320 --> 00:21:59.040
good so if somebody does that if somebody takes your trademark and they file a domain name for it

428
00:21:59.680 --> 00:22:04.240
ask your lawyer about the domain name dispute policy and they'll kind of be shocked actually

429
00:22:04.240 --> 00:22:09.760
they may not even know about it so make sure you get a an ip attorney so all right so does it matter

430
00:22:09.760 --> 00:22:17.520
how long they've had the the name do you mean a domain name yeah yeah that's a good question so

431
00:22:17.520 --> 00:22:21.120
somebody's had the domain name for an elongated period of time and then you get the federal

432
00:22:21.120 --> 00:22:26.960
registration they predate you you can run into problems it can be difficult to enforce

433
00:22:27.520 --> 00:22:35.360
um i have been able to win in those circumstances but it's more difficult it's because they had it

434
00:22:35.360 --> 00:22:42.320
beforehand um i've actually seen some people argue that they have common law rights like let's

435
00:22:42.320 --> 00:22:48.480
say that they have a name let's say the name is uh again like claremont and so they have claremont.com

436
00:22:48.480 --> 00:22:53.680
and then you file for federal registration uh when they've been using it for 10 years you can't

437
00:22:53.680 --> 00:22:58.960
you can't really stop them because they've been using it for 10 years you just filed for and in

438
00:22:58.960 --> 00:23:03.520
fact if they've been using claremont at all associated with their goods or services they

439
00:23:03.520 --> 00:23:09.680
have preemptive rights under common law trademark rights if they've been using that name for any

440
00:23:09.680 --> 00:23:15.360
goods or services so you might run into a problem where they could stop you from using a federal

441
00:23:15.360 --> 00:23:21.040
trademark so it's it's it gets really messy make sure you talk to a lawyer basically because it

442
00:23:21.040 --> 00:23:28.720
that's a very very messy area um jennifer says what about the trend for broken up words using

443
00:23:28.720 --> 00:23:33.520
hold on good jennifer you can ask your question good and then we'll go to vicky

444
00:23:33.520 --> 00:23:39.120
but i didn't want to interrupt no good that's fine good but i i would have just i forgot i

445
00:23:39.120 --> 00:23:49.120
would forget so so i looked up um brandest like brand branding the brandest a person

446
00:23:49.920 --> 00:24:01.200
oh and um the brandists plural is trademarked but i'd already bought brand d dot st

447
00:24:01.760 --> 00:24:03.840
and i was like oh i did it backwards

448
00:24:07.040 --> 00:24:13.360
yeah yeah so um when it comes to trademarks uh tomorrow we're going to go through what's

449
00:24:13.360 --> 00:24:18.240
called likelihood of confusion which is so likelihood of confusion which is the test

450
00:24:18.240 --> 00:24:23.520
that's used to determine if there's trademark infringement so what you'd have to do is look

451
00:24:23.520 --> 00:24:30.560
at every element one by one does it look the same does it sound the same is it sold like other

452
00:24:30.560 --> 00:24:38.240
products or services sold in the same area um is it a is it a sophisticated purchaser that typically

453
00:24:38.240 --> 00:24:47.120
buys meaning you know this is not a 25 thing this is a 250 or 2500 thing that people are purchasing

454
00:24:47.120 --> 00:24:53.520
with this the higher the level of sophistication of the consumer or the higher the cost for the

455
00:24:53.520 --> 00:24:59.840
consumer the less of a chance there is of confusion because people don't just you know go on a

456
00:25:00.000 --> 00:25:03.440
grocery line to buy a $2,500 thing.

457
00:25:03.440 --> 00:25:05.160
That's why the things that are on the grocery line

458
00:25:05.160 --> 00:25:07.320
are like a buck, two buck, three bucks.

459
00:25:08.360 --> 00:25:11.480
So you have to look at each one of those elements

460
00:25:11.480 --> 00:25:13.120
one by one and do a balancing test

461
00:25:13.120 --> 00:25:15.200
to see whether or not it's an issue.

462
00:25:15.200 --> 00:25:17.240
But one of the things I'm gonna talk about

463
00:25:17.240 --> 00:25:19.240
in a lot of detail tomorrow is

464
00:25:20.080 --> 00:25:22.320
in the trademark infringement side,

465
00:25:22.320 --> 00:25:24.080
can you use part of a word?

466
00:25:24.080 --> 00:25:25.600
Can you not use part of a word?

467
00:25:25.600 --> 00:25:29.180
As an example, Microsoft, right?

468
00:25:29.180 --> 00:25:32.020
So let's say there's Microsoft Excel

469
00:25:32.020 --> 00:25:34.660
and let's say somebody owns Microsoft Excel.

470
00:25:34.660 --> 00:25:39.020
Can you just take Microsoft and use that with another word

471
00:25:39.020 --> 00:25:40.720
or is that trademark infringement?

472
00:25:41.700 --> 00:25:44.440
And so there's an analysis that's done in there.

473
00:25:45.980 --> 00:25:49.340
See Microsoft was smart, they own Microsoft alone.

474
00:25:49.340 --> 00:25:51.500
So what I tend to tell people is

475
00:25:51.500 --> 00:25:55.700
if you have a multiple word trademark

476
00:25:55.700 --> 00:25:58.940
and you know that one of those words you use a lot alone,

477
00:25:59.680 --> 00:26:01.300
I would file for that word alone.

478
00:26:01.300 --> 00:26:03.660
So like Microsoft did, they own Microsoft alone.

479
00:26:03.660 --> 00:26:05.700
So if anybody used Microsoft with anything

480
00:26:05.700 --> 00:26:08.100
associated with software or computers,

481
00:26:08.100 --> 00:26:11.380
they're dead in the water, there's no way to win, it's over.

482
00:26:11.380 --> 00:26:15.880
But what if somebody instead has Microsofts with an S?

483
00:26:16.740 --> 00:26:17.900
Is that an issue?

484
00:26:18.820 --> 00:26:20.100
I need pillows.

485
00:26:20.100 --> 00:26:23.860
Right, so then for trademark purposes,

486
00:26:23.860 --> 00:26:27.220
it sounds the same, it looks similar,

487
00:26:27.220 --> 00:26:28.940
and you look at all the other factors

488
00:26:28.940 --> 00:26:30.980
to see whether or not there's trademark infringement.

489
00:26:30.980 --> 00:26:35.980
Or what if they have micro dot soft, right?

490
00:26:35.980 --> 00:26:38.900
And you're using Microsoft without the dot.

491
00:26:38.900 --> 00:26:42.020
The dot, it may look slightly different

492
00:26:42.020 --> 00:26:45.960
but it sounds the same, it looks extremely similar.

493
00:26:45.960 --> 00:26:48.460
Like again, it comes down to are they similar products,

494
00:26:48.460 --> 00:26:50.860
similar goods, similar services?

495
00:26:52.840 --> 00:26:55.260
So let me go to Vicky, go right ahead.

496
00:26:55.260 --> 00:26:56.620
Let me answer your question.

497
00:26:56.620 --> 00:26:57.460
You gotta unmute.

498
00:27:01.900 --> 00:27:05.260
You might wanna put me off, and if you do, I understand.

499
00:27:05.260 --> 00:27:10.260
So I've had my domain name for at least 20 X years.

500
00:27:11.660 --> 00:27:15.300
Like I've had it as soon as I got into web development,

501
00:27:15.300 --> 00:27:18.140
I got this blah, blah, blah, but I couldn't get dot com.

502
00:27:19.360 --> 00:27:23.740
So I've used dot US because I like us

503
00:27:23.740 --> 00:27:25.620
and I like being in the US.

504
00:27:26.140 --> 00:27:29.460
And it works and it was cheap and blah, blah, blah.

505
00:27:29.460 --> 00:27:32.780
So I've kept an eye on the dot com

506
00:27:32.780 --> 00:27:37.140
and it's not in use, but it is owned.

507
00:27:37.140 --> 00:27:38.880
Oh yeah, that happens a lot.

508
00:27:38.880 --> 00:27:43.060
And so I can use a lot of other extensions.

509
00:27:43.060 --> 00:27:45.980
So I could use my main thing dot US,

510
00:27:45.980 --> 00:27:50.100
I could also use dot marketing, dot design, dot whatever.

511
00:27:50.100 --> 00:27:50.940
Right.

512
00:27:50.940 --> 00:27:55.940
So is it the, does the suffix count as part of it

513
00:27:56.580 --> 00:28:01.020
or is it only the primary body of the thing?

514
00:28:01.860 --> 00:28:02.940
So if you're looking at,

515
00:28:02.940 --> 00:28:04.900
in a trademark infringement analysis,

516
00:28:04.900 --> 00:28:06.500
what they tend to look at is everything

517
00:28:06.500 --> 00:28:08.720
without the domain extension, right?

518
00:28:08.720 --> 00:28:13.300
So if it's like sony.com, they look at Sony,

519
00:28:13.300 --> 00:28:15.000
they don't look at dot com.

520
00:28:15.000 --> 00:28:16.020
You know, if they're looking at-

521
00:28:16.020 --> 00:28:18.340
Well, that's interesting.

522
00:28:18.340 --> 00:28:20.100
Even though that I've used it

523
00:28:20.100 --> 00:28:23.340
in different ways all this time.

524
00:28:23.340 --> 00:28:25.180
Well, you have to be clear.

525
00:28:25.180 --> 00:28:28.820
So what I mean by that is like, you said dot US, right?

526
00:28:28.820 --> 00:28:31.340
So whatever the name is, dot US.

527
00:28:31.340 --> 00:28:33.660
The dot US is a domain name extension

528
00:28:33.660 --> 00:28:35.460
that's being utilized at the end.

529
00:28:35.460 --> 00:28:38.980
Most people aren't using the extension

530
00:28:38.980 --> 00:28:40.860
as part of their trademark.

531
00:28:40.860 --> 00:28:43.500
They're using, that's just their domain name.

532
00:28:43.500 --> 00:28:44.340
Right, right, right.

533
00:28:44.340 --> 00:28:47.300
So Microsoft isn't using microsoft.com,

534
00:28:47.300 --> 00:28:48.860
they're using Microsoft.

535
00:28:48.860 --> 00:28:52.100
Right, so could I get around this whole thing

536
00:28:52.100 --> 00:28:54.400
by using that extension?

537
00:28:55.260 --> 00:28:57.940
No, adding something to a trademark

538
00:28:57.940 --> 00:28:59.940
that somebody else has does not avoid-

539
00:28:59.940 --> 00:29:01.280
No, no, I don't know that they have it.

540
00:29:01.280 --> 00:29:03.060
I know that they have the domain name.

541
00:29:03.060 --> 00:29:05.020
So what's your question?

542
00:29:05.020 --> 00:29:09.460
So if I want to trademark that name dot US,

543
00:29:09.460 --> 00:29:12.300
could I use the dot US even though it's a suffix,

544
00:29:12.300 --> 00:29:14.800
could I use that as part of the name itself?

545
00:29:15.800 --> 00:29:16.640
So you're saying that there is a name-

546
00:29:16.640 --> 00:29:19.840
And in which case, would I also have to trademark

547
00:29:19.840 --> 00:29:23.240
name dot marketing and name dot design?

548
00:29:23.240 --> 00:29:24.720
Vicki, hold on one second.

549
00:29:24.720 --> 00:29:29.720
So there's a name that somebody else is using, right?

550
00:29:30.880 --> 00:29:31.720
Is that your question?

551
00:29:31.720 --> 00:29:33.520
Well, somebody else owns.

552
00:29:33.520 --> 00:29:36.160
They're not using it, they just have it, yes.

553
00:29:36.160 --> 00:29:37.960
But it hasn't been used-

554
00:29:37.960 --> 00:29:39.680
You're not saying used in interstate commerce.

555
00:29:39.680 --> 00:29:41.840
You're saying as a domain name.

556
00:29:41.840 --> 00:29:44.000
The domain name is owned.

557
00:29:44.040 --> 00:29:45.920
It hasn't been implemented.

558
00:29:47.960 --> 00:29:49.440
So somebody has a domain name

559
00:29:49.440 --> 00:29:50.640
and you're asking whether you could file

560
00:29:50.640 --> 00:29:53.160
a federal trademark application for the domain name?

561
00:29:53.160 --> 00:29:54.000
Or a very-

562
00:29:54.000 --> 00:29:55.840
Domain name including the suffix.

563
00:29:56.720 --> 00:30:00.160
Yeah, so the other party may-

564
00:30:00.000 --> 00:30:02.720
may or may not necessarily have trademark rights.

565
00:30:02.720 --> 00:30:03.920
You have to determine whether or not

566
00:30:03.920 --> 00:30:05.160
they have trademark rights.

567
00:30:05.160 --> 00:30:06.920
Just because somebody has a domain name

568
00:30:06.920 --> 00:30:08.800
does not mean that they have trademark rights.

569
00:30:08.800 --> 00:30:09.800
No, no, I know that.

570
00:30:09.800 --> 00:30:10.640
That's another-

571
00:30:10.640 --> 00:30:13.420
Well, that's the whole equation.

572
00:30:13.420 --> 00:30:14.600
That's the whole analysis.

573
00:30:14.600 --> 00:30:15.800
If they don't have trademark rights,

574
00:30:15.800 --> 00:30:17.540
then you don't even have a question.

575
00:30:17.540 --> 00:30:19.760
Like, this isn't even an issue.

576
00:30:19.760 --> 00:30:21.160
If they have no trademark rights,

577
00:30:21.160 --> 00:30:22.400
then you can file whatever you want.

578
00:30:22.400 --> 00:30:23.280
You can do whatever you want.

579
00:30:23.280 --> 00:30:24.720
That's the main question.

580
00:30:24.720 --> 00:30:27.180
Do they have trademark rights, yes or no?

581
00:30:27.180 --> 00:30:28.580
And based on what you said,

582
00:30:28.580 --> 00:30:32.820
if it's a domain name that is not being used,

583
00:30:32.820 --> 00:30:34.180
whether it's used or not,

584
00:30:34.180 --> 00:30:36.020
the question is, do they have trademark rights?

585
00:30:36.020 --> 00:30:37.900
That's your first question.

586
00:30:37.900 --> 00:30:40.720
Before you file a trademark application

587
00:30:40.720 --> 00:30:43.140
or not file a trademark application or use a trademark,

588
00:30:43.140 --> 00:30:45.740
the first question is, do they have trademark rights?

589
00:30:45.740 --> 00:30:46.980
Yes or no?

590
00:30:46.980 --> 00:30:48.600
And in that analysis of whether or not

591
00:30:48.600 --> 00:30:51.540
they have trademark rights, yes or no,

592
00:30:51.540 --> 00:30:53.620
if they just have a domain name that they own

593
00:30:53.620 --> 00:30:55.000
and they're not using the domain name

594
00:30:55.000 --> 00:30:56.400
and they're not using the trademark

595
00:30:56.400 --> 00:30:59.160
in interstate commerce, they've got nothing.

596
00:30:59.160 --> 00:31:00.920
Like, I can't say whether or not they are.

597
00:31:00.920 --> 00:31:02.160
That's your job to figure out.

598
00:31:02.160 --> 00:31:03.480
Right, that's my job to find out.

599
00:31:03.480 --> 00:31:06.300
But the first question, question number one,

600
00:31:06.300 --> 00:31:08.000
before you do anything else,

601
00:31:08.000 --> 00:31:11.000
question number one is, do they have a trademark?

602
00:31:11.000 --> 00:31:12.840
And if somebody just owns a domain name

603
00:31:12.840 --> 00:31:14.920
that does not mean that they own a trademark,

604
00:31:14.920 --> 00:31:17.760
just by owning a domain name does not mean that, okay?

605
00:31:17.760 --> 00:31:18.600
No, I understand.

606
00:31:18.600 --> 00:31:21.460
Let me go to you, Maritza, for one sec.

607
00:31:23.720 --> 00:31:24.560
Hello?

608
00:31:25.080 --> 00:31:26.080
How are you?

609
00:31:26.080 --> 00:31:27.280
Good, how are you?

610
00:31:27.280 --> 00:31:28.400
Good, good.

611
00:31:28.400 --> 00:31:29.480
What's your question?

612
00:31:29.480 --> 00:31:34.480
So my question is, so I have a T-shirt business

613
00:31:36.060 --> 00:31:38.600
and it's called Royalty.

614
00:31:38.600 --> 00:31:42.160
So I'm gonna put it in the chat, the spelling.

615
00:31:42.160 --> 00:31:46.000
So, and then I also have a travel agency

616
00:31:46.000 --> 00:31:49.320
called Royalty Vacation, same spelling.

617
00:31:49.320 --> 00:31:52.240
So I looked up the trademark

618
00:31:52.280 --> 00:31:56.440
and some of them say live, dead.

619
00:31:56.440 --> 00:31:58.160
Oh, that's a great question.

620
00:31:58.160 --> 00:32:00.000
Yeah, let's go into that.

621
00:32:00.000 --> 00:32:01.080
That's a great question.

622
00:32:01.080 --> 00:32:05.000
All right, let me show, let me give people an example

623
00:32:05.000 --> 00:32:07.560
of what Maritza's talking about.

624
00:32:09.000 --> 00:32:11.300
Let me look up one real quick with all of you.

625
00:32:15.960 --> 00:32:17.200
All right, I'm gonna share my screen

626
00:32:17.200 --> 00:32:19.600
so everybody could see what she's talking about.

627
00:32:20.600 --> 00:32:25.600
Okay, so let's go for Nike as the owner

628
00:32:27.760 --> 00:32:31.400
and then footwear as say goods or services.

629
00:32:31.400 --> 00:32:33.160
And it says, and submit.

630
00:32:34.840 --> 00:32:35.680
Oh, that's right.

631
00:32:35.680 --> 00:32:38.640
So if you don't use them for like a good five minutes,

632
00:32:38.640 --> 00:32:39.480
they kick you out

633
00:32:39.480 --> 00:32:41.080
because a lot of people are in there all the time.

634
00:32:41.080 --> 00:32:42.520
So let's do that again.

635
00:32:42.520 --> 00:32:47.520
So Nike as the owner and use and,

636
00:32:48.360 --> 00:32:52.280
and then we'll say footwear as the goods.

637
00:32:52.280 --> 00:32:53.120
There we go.

638
00:32:53.120 --> 00:32:54.560
All right, submit query.

639
00:32:54.560 --> 00:32:57.880
Okay, 454 items.

640
00:32:57.880 --> 00:32:59.840
Now you see how some of these say dead?

641
00:33:01.860 --> 00:33:02.700
See that?

642
00:33:02.700 --> 00:33:05.300
So here's an example, dead right there.

643
00:33:06.160 --> 00:33:08.800
Okay, as you scroll down,

644
00:33:08.800 --> 00:33:11.260
the ones that are dead tends to be towards the bottom.

645
00:33:11.260 --> 00:33:14.700
So just think of like water or the ocean, the dead things.

646
00:33:14.700 --> 00:33:16.040
Well, no, it's actually not true.

647
00:33:16.040 --> 00:33:16.880
Dead things float.

648
00:33:17.200 --> 00:33:19.000
So anyways, don't worry about that.

649
00:33:21.120 --> 00:33:23.000
But in any case, the dead things get buried.

650
00:33:23.000 --> 00:33:23.840
There you go.

651
00:33:23.840 --> 00:33:25.520
So the dead things tend to be towards the bottom.

652
00:33:25.520 --> 00:33:27.080
There's more dead things on the bottom.

653
00:33:27.080 --> 00:33:29.680
So here's one, Nike Connect.

654
00:33:29.680 --> 00:33:31.160
So if you click on that,

655
00:33:31.160 --> 00:33:33.440
the question is, well, what does dead mean?

656
00:33:33.440 --> 00:33:35.840
Dead can mean that they abandoned the trademark.

657
00:33:35.840 --> 00:33:40.840
Dead can mean that they canceled the trademark.

658
00:33:43.040 --> 00:33:46.180
Dead does not mean in and of itself

659
00:33:46.220 --> 00:33:48.460
that you don't have anything to worry about.

660
00:33:49.660 --> 00:33:51.580
So just to be clear,

661
00:33:51.580 --> 00:33:54.280
the fact that a trademark shows up and it says dead

662
00:33:54.280 --> 00:33:56.540
does not mean there's nothing to worry about.

663
00:33:56.540 --> 00:33:59.980
What you might wanna do after you see that

664
00:33:59.980 --> 00:34:02.920
is something I'm gonna talk about tomorrow

665
00:34:02.920 --> 00:34:05.440
is use a Wayback Machine by MIT.

666
00:34:06.740 --> 00:34:08.560
I'll show you guys how to do this tomorrow.

667
00:34:08.560 --> 00:34:11.940
But what you wanna do is like look over here

668
00:34:11.940 --> 00:34:13.219
at the corporation.

669
00:34:13.219 --> 00:34:15.060
There's Nike Corporation right there.

670
00:34:15.060 --> 00:34:17.260
So I would do a Google search on the company

671
00:34:17.260 --> 00:34:20.219
and search on the trademark itself

672
00:34:20.219 --> 00:34:24.060
to see whether or not it really is the case

673
00:34:24.060 --> 00:34:26.340
that the name is not being used.

674
00:34:26.340 --> 00:34:29.420
Now, there's a really cool tool out there

675
00:34:29.420 --> 00:34:30.600
called the Wayback Machine,

676
00:34:30.600 --> 00:34:31.880
which I'm gonna introduce tomorrow.

677
00:34:31.880 --> 00:34:32.900
I don't wanna do that today

678
00:34:32.900 --> 00:34:36.780
because I don't wanna give you guys so much stuff

679
00:34:36.780 --> 00:34:38.980
that you leave today and you get a headache.

680
00:34:39.900 --> 00:34:42.900
But one of the things that the Wayback Machine

681
00:34:42.900 --> 00:34:47.540
allows you to do is look at websites from the past.

682
00:34:47.540 --> 00:34:52.540
So if I find Nike Connect on let's say Nike's website

683
00:34:55.139 --> 00:34:58.020
like five months ago, but it's not there three months ago,

684
00:34:58.020 --> 00:35:00.420
not there two months ago, not there a month ago.

685
00:35:00.000 --> 00:35:01.600
Oh, there's a higher chance

686
00:35:01.600 --> 00:35:04.200
that they're not using the name anymore.

687
00:35:04.200 --> 00:35:06.480
Then I might be more comfortable using that name.

688
00:35:06.480 --> 00:35:08.320
I've had clients who have actually watched

689
00:35:08.320 --> 00:35:10.720
certain trademarks and the second that they go dead,

690
00:35:10.720 --> 00:35:11.640
they'll start using it.

691
00:35:11.640 --> 00:35:14.320
Just be careful to double check

692
00:35:14.320 --> 00:35:17.200
whether or not it's truly being used.

693
00:35:17.200 --> 00:35:20.360
Dead means dead at the United States

694
00:35:20.360 --> 00:35:21.560
Patent Trademark Office.

695
00:35:21.560 --> 00:35:25.000
It doesn't mean that it's not used at all.

696
00:35:25.000 --> 00:35:29.120
It just means it's not being used there, okay?

697
00:35:29.600 --> 00:35:31.600
Did you have a followup on that, Marita?

698
00:35:32.960 --> 00:35:34.920
No, that was my question

699
00:35:34.920 --> 00:35:37.640
because I wanted to trademark my name,

700
00:35:37.640 --> 00:35:41.720
but it's on here, but it says dead

701
00:35:41.720 --> 00:35:46.120
and it says abandonment date, March 10, 2014.

702
00:35:48.520 --> 00:35:53.520
Yeah, so it's a trademark that somebody else has?

703
00:35:53.520 --> 00:35:54.840
Yes.

704
00:35:54.840 --> 00:35:55.680
Let me see.

705
00:35:55.680 --> 00:35:56.520
Let me look it up real fast.

706
00:35:56.760 --> 00:35:59.320
This is just, look, not legal advice.

707
00:35:59.320 --> 00:36:01.040
I'm just looking it up real quick.

708
00:36:02.560 --> 00:36:04.040
What's the name?

709
00:36:04.040 --> 00:36:08.240
Royalty, so it's R-O-Y-A-L-T-Y.

710
00:36:08.240 --> 00:36:09.240
So two E's?

711
00:36:09.240 --> 00:36:10.760
Mm-hmm.

712
00:36:10.760 --> 00:36:11.880
All right, so if I went down

713
00:36:11.880 --> 00:36:14.280
to look at non-punctuated wordmark,

714
00:36:14.280 --> 00:36:17.640
that's what I would use is non-punctuated wordmark

715
00:36:17.640 --> 00:36:19.400
for the search and then,

716
00:36:22.560 --> 00:36:25.600
let me just keep that as or and delete this here.

717
00:36:25.640 --> 00:36:26.520
Nothing's there.

718
00:36:28.720 --> 00:36:31.000
12 records that are listed.

719
00:36:31.000 --> 00:36:33.080
So there's a bunch of dead ones here.

720
00:36:34.920 --> 00:36:36.240
One of them look familiar?

721
00:36:41.240 --> 00:36:43.760
This one's dead, that one's dead, that one's dead.

722
00:36:48.080 --> 00:36:50.320
Marita, does any of this look familiar?

723
00:36:51.960 --> 00:36:53.720
Sorry, I thought I was unmuted.

724
00:36:53.720 --> 00:36:55.240
Yes, those are it.

725
00:36:56.440 --> 00:36:58.440
So let's say I look at the bottom one here

726
00:36:58.440 --> 00:37:00.160
and I click on that.

727
00:37:00.160 --> 00:37:04.520
This is a logo and under it,

728
00:37:04.520 --> 00:37:08.640
this is focusing on balls, balls, balls, and balls.

729
00:37:09.760 --> 00:37:11.160
Balls, balls, and balls.

730
00:37:11.160 --> 00:37:14.120
So if you're not doing anything to do with balls,

731
00:37:14.120 --> 00:37:17.640
you have a higher chance of it not being an issue, right?

732
00:37:17.640 --> 00:37:19.400
Stay away from those balls and you'll be fine.

733
00:37:19.400 --> 00:37:21.880
All right, so then you move up to the next one

734
00:37:21.880 --> 00:37:24.040
and you look at royalty here.

735
00:37:24.040 --> 00:37:25.000
There's another royalty one.

736
00:37:25.640 --> 00:37:28.280
But this one says royalty t-shirts for men.

737
00:37:29.880 --> 00:37:33.840
Yeah, see this one, and again, this is not legal advice.

738
00:37:33.840 --> 00:37:36.560
I mean, this is what you wanna bring to your lawyer.

739
00:37:36.560 --> 00:37:38.160
So as opposed to having your lawyer

740
00:37:38.160 --> 00:37:39.480
just searching your whole car

741
00:37:39.480 --> 00:37:40.480
and trying to figure out what's wrong,

742
00:37:40.480 --> 00:37:44.240
you're like, look, I did a quick trademark search on my own.

743
00:37:44.240 --> 00:37:46.480
I found this other one, it says t-shirts right there.

744
00:37:46.480 --> 00:37:50.480
It says royalty, that's a concern of mine.

745
00:37:50.480 --> 00:37:54.000
Looks like the owner was,

746
00:37:54.000 --> 00:37:56.040
there's a lot of applicants on this.

747
00:37:56.040 --> 00:37:57.160
Like just one year.

748
00:37:58.240 --> 00:37:59.080
Yeah.

749
00:38:01.040 --> 00:38:06.040
Yeah, doing business as royalty, royalty, royalty.

750
00:38:08.520 --> 00:38:10.960
And it was a 1B filing too.

751
00:38:10.960 --> 00:38:13.280
Yeah, so it was an intent to use application, right?

752
00:38:13.280 --> 00:38:14.640
That's very good, Larissa.

753
00:38:14.640 --> 00:38:16.520
So it was an intent to use application.

754
00:38:16.520 --> 00:38:18.080
And actually, if you click over here,

755
00:38:18.080 --> 00:38:19.840
see this TSDR right here?

756
00:38:21.040 --> 00:38:22.400
Click on that.

757
00:38:22.400 --> 00:38:24.840
You can see what actually happened to their case.

758
00:38:26.360 --> 00:38:29.520
Abandoned because the applicant failed to respond

759
00:38:29.520 --> 00:38:32.160
or filed a late response to an office action.

760
00:38:32.160 --> 00:38:33.440
So that means they,

761
00:38:33.440 --> 00:38:36.080
let's take a look at the actual documents they had.

762
00:38:36.080 --> 00:38:37.560
Here we go.

763
00:38:37.560 --> 00:38:40.240
They filed their application in 2013.

764
00:38:40.240 --> 00:38:42.600
They got an office action.

765
00:38:42.600 --> 00:38:44.360
Here's what the office action said.

766
00:38:46.040 --> 00:38:48.320
Ah, likelihood of confusion, look at that.

767
00:38:49.280 --> 00:38:52.880
So they got a rejection based on another registration,

768
00:38:52.880 --> 00:38:54.280
two other registrations.

769
00:38:57.320 --> 00:39:00.520
So they got rejected based on two other registrations

770
00:39:00.520 --> 00:39:01.960
for likelihood of confusion.

771
00:39:01.960 --> 00:39:04.040
So if I were to trademark,

772
00:39:04.040 --> 00:39:06.480
if I were gonna use royalty myself,

773
00:39:06.480 --> 00:39:10.720
I'd wanna do, I wanna check out these two others as well.

774
00:39:10.720 --> 00:39:13.080
Like who are these guys that-

775
00:39:13.080 --> 00:39:17.360
Would I be able to use royalty with like another name

776
00:39:17.400 --> 00:39:19.080
or because they-

777
00:39:19.080 --> 00:39:24.080
No, adding a word to a trademark

778
00:39:24.080 --> 00:39:26.600
does not avoid trademark infringement.

779
00:39:26.600 --> 00:39:27.800
Always remember that.

780
00:39:27.800 --> 00:39:29.480
If there's trademark infringement,

781
00:39:29.480 --> 00:39:32.160
you add a word, does not avoid trademark infringement.

782
00:39:32.160 --> 00:39:34.000
There's still trademark infringement.

783
00:39:34.000 --> 00:39:36.520
So just be really careful.

784
00:39:36.520 --> 00:39:40.000
Like Microsoft, let's say I wanna use Microsoft Flash.

785
00:39:40.880 --> 00:39:43.560
Still has Microsoft in it, trademark infringement.

786
00:39:44.560 --> 00:39:47.440
So in this case, let's say you wanted to add

787
00:39:47.440 --> 00:39:51.240
like another word to it, still trademark infringement.

788
00:39:51.240 --> 00:39:52.520
If it were trademark infringement,

789
00:39:52.520 --> 00:39:53.800
I'm not saying it is or it isn't.

790
00:39:53.800 --> 00:39:56.000
I'm just saying that if it were,

791
00:39:56.000 --> 00:39:59.080
adding a word unfortunately does not help.

792
00:40:00.000 --> 00:40:06.360
It's like in copyright, how you've got a copyright on like a photograph and somebody puts it in AI. And there's a

793
00:40:07.760 --> 00:40:12.040
AI produced image based off the original that you can't own, but

794
00:40:13.120 --> 00:40:14.760
What is that the derivative or

795
00:40:15.280 --> 00:40:28.800
Right, what you're referring to is copyrights, which is very different from trademarks. See trademarks work from likelihood of confusion copyrights, which we're going to be covering on Wednesday, we're going to go in a lot of detail on that because that's a really big deal.

796
00:40:30.200 --> 00:40:34.360
Especially with mid journey. Oh my gosh, like that's a really big deal.

797
00:40:35.720 --> 00:40:37.560
But with copyrights, you're looking at

798
00:40:38.600 --> 00:40:47.800
Is it is it copying the essence of the work. Right. So if I'm looking at the Mona Lisa, assuming that the Mona Lisa was still alive that that not alive.

799
00:40:48.400 --> 00:40:56.400
But was still the life of that copyright was still around today. If you copy her face that's copyright infringement.

800
00:40:56.880 --> 00:41:09.240
If you copyright. If you copy the background. Most people don't even care about the background. So there's less of a chance of copyright infringement by copying things that are and I don't suggest anybody copy anything but

801
00:41:10.160 --> 00:41:21.400
If you have a little bit of stuff for things that are not even related to the essence. There's less of a chance of copyright infringement, then if you take what's considered the essence of the copyright.

802
00:41:23.520 --> 00:41:32.480
As an example, like in music you take like a certain a certain song and you can say a single word and everybody knows

803
00:41:33.040 --> 00:41:40.440
What the song is right. I mean, you took it. Was it Bohemian Rhapsody. If you just start out by saying, Mama, that's it.

804
00:41:41.640 --> 00:41:52.680
It done like that's it. You add that one line to any song copyright infringement. And that's one word right like out of thousands, if not 10s of thousands of words.

805
00:41:53.160 --> 00:41:59.080
You said one word in a similar, you know, tone. It's over copyright infringement.

806
00:41:59.600 --> 00:42:15.800
Because that's part of the essence of the work. So I love copyrights. It does one of the most fun areas and unfortunately now because of AI. One of the most dangerous areas which makes it more fun for me, but I'm trying to guide you guys so you guys don't get in trouble.

807
00:42:17.120 --> 00:42:19.880
Vicki, you had a question on the trademark thing good

808
00:42:20.240 --> 00:42:21.920
It's a separate question. Don't worry.

809
00:42:22.720 --> 00:42:22.960
Okay.

810
00:42:24.440 --> 00:42:31.280
So I was doing an initial trademark after your, I don't know, I took this once before and

811
00:42:32.800 --> 00:42:40.280
And it's like it. There's a color and a word and and and now in my in my, my trademark.

812
00:42:40.320 --> 00:42:57.920
And so I did either. And I did and and some of them that came up in the list had nothing to do with color or the noun. Right. But they still were listed in the list. And I didn't understand that.

813
00:42:57.920 --> 00:43:07.240
Yeah, let me show you why. Let me show you. So let me just make sure that I'm mighty sad that at this point. Do you understand like what your options are on there.

814
00:43:07.720 --> 00:43:17.120
Yes. Okay. Wonderful. I just want to thank you. Oh, absolutely. Absolutely. All right. So let me close that. Yeah. So all of you know, you can now look at

815
00:43:17.120 --> 00:43:30.440
What happened at the trademark office. It's all public public record so you can see everything for others, unless they try to steal it, which happens sometimes. Okay, so let me, let me go to Vicki's scenario.

816
00:43:31.800 --> 00:43:35.120
See if I can see if I could create a similar

817
00:43:35.160 --> 00:43:36.160
Purple Panda.

818
00:43:37.680 --> 00:43:40.880
Purple Panda. Alright, so if you do if you do quotes.

819
00:43:40.880 --> 00:43:45.440
If you do quotes Purple Panda. Get out. Somebody owns purple panda.

820
00:43:46.880 --> 00:43:59.600
Way trademark infringement. And we're all right. So here's purple panda. Apparently, really. This is interesting for microphones for microphones. Really?

821
00:43:59.920 --> 00:44:01.840
It's really Larissa's son.

822
00:44:04.480 --> 00:44:10.920
What that has like nothing to do with anything has to do with microphones. Purple Panda. Okay, whatever.

823
00:44:11.960 --> 00:44:14.040
So that was off the top of my head, too.

824
00:44:14.040 --> 00:44:32.040
It works. It works. It's not descriptive. Now, if you you yeah, I know it's not descriptive. We'll talk about descriptive this tomorrow. So, um, show off Ray. Alright, so if you use the quotes, the quotes are gonna make it so it's exactly the same.

825
00:44:32.040 --> 00:44:49.440
What I would suggest is what you do what Vicky said was like, you know, look for purple alone. But see, here's the problem if you search for purple alone. Look how many records you get like 2500 records.

826
00:44:50.000 --> 00:44:50.240
Hm.

827
00:44:50.780 --> 00:44:52.640
Look at they're all all missing.

828
00:44:53.880 --> 00:44:55.320
Yeah, yeah.

829
00:44:58.120 --> 00:44:59.020
Needs to be images.

830
00:45:00.000 --> 00:45:06.000
So you want to kind of refine the results by adding something else.

831
00:45:02.080 --> 00:45:03.240
Okay, yeah, yeah.

832
00:45:06.000 --> 00:45:13.480
So if you know it has to do with education, you can put in international class 41 for

833
00:45:13.480 --> 00:45:15.880
education associated with purple.

834
00:45:15.880 --> 00:45:23.560
And now I looked for the name purple as part of a non-punctuated word mark.

835
00:45:23.560 --> 00:45:25.100
But what did I do wrong?

836
00:45:25.100 --> 00:45:28.520
Somebody tell me what I did wrong there.

837
00:45:28.520 --> 00:45:30.960
I've got international class.

838
00:45:30.960 --> 00:45:37.280
I've got a million, 1,161,685 records to read.

839
00:45:37.280 --> 00:45:40.440
Ray, no, we're not going to pick you, Ray.

840
00:45:40.440 --> 00:45:45.000
So what did we do wrong?

841
00:45:45.000 --> 00:45:47.520
You left your operators or.

842
00:45:47.520 --> 00:45:49.460
Yes, exactly.

843
00:45:49.460 --> 00:45:54.320
The majority of the time when I hear from people, I can't review all these results.

844
00:45:54.320 --> 00:45:55.320
This is crazy.

845
00:45:55.320 --> 00:45:56.700
There's so much stuff here.

846
00:45:56.700 --> 00:46:00.820
I asked them that one thing and they go, oh, yeah, you're right.

847
00:46:00.820 --> 00:46:01.820
There's like 20 results.

848
00:46:01.820 --> 00:46:03.980
So, OK, that's much more manageable.

849
00:46:03.980 --> 00:46:07.660
So now if I do and now I've got 299.

850
00:46:07.660 --> 00:46:17.660
So apparently there's 299 trademark applications or registrations where somebody filed for

851
00:46:17.660 --> 00:46:22.980
purple associated with education in one way, shape or form.

852
00:46:22.980 --> 00:46:23.980
Purple girls.

853
00:46:23.980 --> 00:46:24.980
OK.

854
00:46:24.980 --> 00:46:25.980
OK.

855
00:46:26.260 --> 00:46:27.260
I don't know.

856
00:46:27.260 --> 00:46:28.260
Some people.

857
00:46:28.260 --> 00:46:29.260
Yes.

858
00:46:29.260 --> 00:46:31.300
The only thing I think of when I hear purple is purple rain.

859
00:46:31.300 --> 00:46:32.300
So that's about it.

860
00:46:32.300 --> 00:46:36.060
So I think ladies, there's purple girls.

861
00:46:36.060 --> 00:46:37.060
Pink ladies.

862
00:46:37.060 --> 00:46:38.060
That's right.

863
00:46:38.060 --> 00:46:39.060
From Greece.

864
00:46:39.060 --> 00:46:40.060
Yeah.

865
00:46:40.060 --> 00:46:41.060
Purple, purple girls.

866
00:46:41.060 --> 00:46:42.060
Sure.

867
00:46:42.060 --> 00:46:43.060
But if I wanted Barney.

868
00:46:43.060 --> 00:46:54.180
But if I had like a purple panda as as a logo, wouldn't I want purple and panda?

869
00:46:54.180 --> 00:46:55.620
Yes.

870
00:46:56.260 --> 00:46:59.940
And then you have to be looking at the pictures.

871
00:46:59.940 --> 00:47:00.940
Yeah.

872
00:47:00.940 --> 00:47:01.940
Let me answer your question.

873
00:47:01.940 --> 00:47:08.140
So when you do a search, I would search both words first, because if I search both words

874
00:47:08.140 --> 00:47:10.820
first and it comes up, I'm done.

875
00:47:10.820 --> 00:47:11.820
Like it's over.

876
00:47:11.820 --> 00:47:12.820
My game over.

877
00:47:12.820 --> 00:47:13.820
Move on.

878
00:47:13.820 --> 00:47:18.540
Like, you know, why look at hundreds of results on the purple and hundreds of results or thousands

879
00:47:18.540 --> 00:47:22.180
in a panda if I could just look up purple panda and I'm done?

880
00:47:22.180 --> 00:47:23.180
All right.

881
00:47:23.180 --> 00:47:24.860
So I search purple panda.

882
00:47:25.100 --> 00:47:26.100
I look in 41.

883
00:47:26.100 --> 00:47:27.100
Nothing there.

884
00:47:27.100 --> 00:47:28.100
OK, now.

885
00:47:28.100 --> 00:47:33.540
Now I can go into purple alone and look for purple in 41.

886
00:47:33.540 --> 00:47:38.980
And now I get all this stuff here and now I can go and look and see, you know, what

887
00:47:38.980 --> 00:47:39.980
what exactly is there?

888
00:47:39.980 --> 00:47:40.980
Oh, purple rain.

889
00:47:40.980 --> 00:47:41.980
Oh, it's gone.

890
00:47:41.980 --> 00:47:42.980
MPG records.

891
00:47:42.980 --> 00:47:43.980
Yes.

892
00:47:43.980 --> 00:47:56.140
But aren't you only done if it's in the same classification?

893
00:47:56.140 --> 00:48:03.860
Like if one is in one is in socks and the other is in speakers, there's no.

894
00:48:03.860 --> 00:48:04.860
Not necessarily.

895
00:48:04.860 --> 00:48:05.860
No.

896
00:48:05.860 --> 00:48:11.260
So if you if you search in class 41, class 36 has a number of things that are similar

897
00:48:11.260 --> 00:48:12.600
to 41.

898
00:48:12.600 --> 00:48:16.520
So you can't just assume because you search in one international class and look clear,

899
00:48:16.520 --> 00:48:18.760
you can't assume that it's clear.

900
00:48:18.760 --> 00:48:22.920
There's some classes that have some crossover, so you have to be careful.

901
00:48:22.920 --> 00:48:26.680
So remember, what you're doing here is a knockout search.

902
00:48:26.680 --> 00:48:35.280
This is a search to make sure that you can minimize the chances or minimize the number

903
00:48:35.280 --> 00:48:37.560
of things you have to bring to an attorney.

904
00:48:37.560 --> 00:48:38.560
Right.

905
00:48:38.560 --> 00:48:40.920
So you you're searching for seven things.

906
00:48:40.920 --> 00:48:41.920
You knock out three.

907
00:48:42.240 --> 00:48:43.240
You've got four.

908
00:48:43.240 --> 00:48:46.280
Whatever it is, you're trying to make less, less, less.

909
00:48:46.280 --> 00:48:47.880
That's what your focus is.

910
00:48:47.880 --> 00:48:55.720
So with that being the case, if I do a search, let's say I've got let's say I've got a situation

911
00:48:55.720 --> 00:48:58.160
where there's two words or three words.

912
00:48:58.160 --> 00:49:00.600
I search for the two words or three words together.

913
00:49:00.600 --> 00:49:04.280
Then I search for two of the three words, two to three words.

914
00:49:04.280 --> 00:49:11.000
If it's dead, then what I do next is I search for one word or if it's dead already, then

915
00:49:11.080 --> 00:49:12.600
I don't need to do anything more.

916
00:49:12.600 --> 00:49:17.320
If it's not dead now, I search for one word, one word, one word.

917
00:49:17.320 --> 00:49:21.640
But when you search for a single word, you're going to get so many results that I would

918
00:49:21.640 --> 00:49:27.520
strongly, strongly suggest that you.

919
00:49:27.520 --> 00:49:36.600
That you add a good or a service to your search, because if you search for the word Panda.

920
00:49:36.600 --> 00:49:37.600
It's too much.

921
00:49:38.000 --> 00:49:42.720
Now, if you search for Panda and Sushi, it might be different, right?

922
00:49:42.720 --> 00:49:47.040
But now that you search for Panda and Sushi, you might want to search for Panda and food

923
00:49:47.040 --> 00:49:49.320
or Panda and store, right?

924
00:49:49.320 --> 00:49:53.240
Because you want to start narrow and then go broader, broader, broader.

925
00:49:53.240 --> 00:49:56.440
If you if you start broad, you're never going to get through all the results.

926
00:49:56.440 --> 00:50:00.000
Start narrow, then broad, because if you kill it when it's narrow, you're done.

927
00:50:00.000 --> 00:50:03.020
So that's the way I typically tell people

928
00:50:03.020 --> 00:50:06.700
is the best way to do your own trademark searches, okay?

929
00:50:06.700 --> 00:50:08.900
All right, let me go through some.

930
00:50:08.900 --> 00:50:10.420
Oh, I was gonna ask.

931
00:50:10.420 --> 00:50:15.240
So if you do your search and you find a company

932
00:50:15.240 --> 00:50:20.240
that shares a similarity in that they have two words

933
00:50:20.380 --> 00:50:22.660
and one of them is the same as one of the words

934
00:50:22.660 --> 00:50:24.260
that you wanna use in your name.

935
00:50:24.260 --> 00:50:29.260
So in those situations,

936
00:50:29.620 --> 00:50:31.500
there's a lot of different things that could happen.

937
00:50:31.500 --> 00:50:35.320
If one of the words is really just a descriptive word,

938
00:50:35.320 --> 00:50:37.120
then that's not as much of a problem

939
00:50:37.120 --> 00:50:39.140
if it's a unique word.

940
00:50:39.140 --> 00:50:44.140
As an example, let's say there was Microsoft Flame, right?

941
00:50:46.120 --> 00:50:49.060
And so I wanna use Flame.

942
00:50:49.060 --> 00:50:52.060
There's a ton of people that use the word Flame.

943
00:50:52.060 --> 00:50:56.960
But let's say it's like Microsoft Logi-K

944
00:50:56.960 --> 00:50:59.720
and nobody has ever used that word ever.

945
00:50:59.720 --> 00:51:01.880
That's such a unique word.

946
00:51:01.880 --> 00:51:04.520
If I use Logi-K alone, I might run into trouble

947
00:51:04.520 --> 00:51:07.640
because it's such a distinguished, distinct word.

948
00:51:07.640 --> 00:51:10.960
So it always depends on the circumstances.

949
00:51:10.960 --> 00:51:15.960
If one of the descriptive terms is part of the two words

950
00:51:17.360 --> 00:51:19.200
and I'm using a descriptive term,

951
00:51:19.460 --> 00:51:23.460
I can, you can't get a registration for a descriptive term

952
00:51:23.460 --> 00:51:25.420
which we're gonna talk about tomorrow.

953
00:51:25.420 --> 00:51:29.060
So because of that, I could use a descriptive word.

954
00:51:29.060 --> 00:51:31.660
And in fact, in the trademark application,

955
00:51:31.660 --> 00:51:33.980
what you wanna do, Carolina,

956
00:51:33.980 --> 00:51:37.980
is look to see whether they disclaimed one of the words.

957
00:51:37.980 --> 00:51:40.580
If they disclaimed one of the words,

958
00:51:40.580 --> 00:51:43.660
what that means is that that word is descriptive

959
00:51:43.660 --> 00:51:45.300
and they can't own it.

960
00:51:45.300 --> 00:51:47.900
And so they'll file what's called a disclaimer.

961
00:51:47.900 --> 00:51:51.640
If the word disclaimer is next to one of their words,

962
00:51:51.640 --> 00:51:55.120
that means that word is available for anybody, okay?

963
00:51:55.120 --> 00:51:57.360
So when you do a search

964
00:51:57.360 --> 00:51:59.480
and you see a certain trademark pop up

965
00:51:59.480 --> 00:52:00.560
and there's two words there,

966
00:52:00.560 --> 00:52:02.120
look to see if there's a disclaimer there.

967
00:52:02.120 --> 00:52:05.080
If there is, that means they're specifically saying,

968
00:52:05.080 --> 00:52:07.600
we do not own this word.

969
00:52:07.600 --> 00:52:10.080
The trademark office came out to them and said,

970
00:52:10.080 --> 00:52:10.900
you can't own it.

971
00:52:10.900 --> 00:52:12.480
So they had to file a disclaimer saying,

972
00:52:12.480 --> 00:52:14.080
we don't own this word.

973
00:52:14.080 --> 00:52:16.520
If that's the case, then they can't own the word

974
00:52:16.520 --> 00:52:18.420
and you can do whatever you want with that word.

975
00:52:18.420 --> 00:52:21.660
So it's very specific.

976
00:52:21.660 --> 00:52:23.780
It becomes very specific.

977
00:52:23.780 --> 00:52:26.580
Now, if I'm looking at Microsoft Excel

978
00:52:26.580 --> 00:52:29.820
in international class nine, which is software,

979
00:52:29.820 --> 00:52:32.460
Microsoft owns Microsoft alone and they own Excel alone.

980
00:52:32.460 --> 00:52:35.300
So I can't use Excel or Microsoft.

981
00:52:36.140 --> 00:52:39.300
So it comes down to exactly what are those words

982
00:52:39.300 --> 00:52:40.700
and are those words unique

983
00:52:40.700 --> 00:52:44.780
and are they actually owned like individually or not?

984
00:52:44.780 --> 00:52:46.480
If I try to copy one word,

985
00:52:46.480 --> 00:52:49.120
there could be a chance of a likelihood of confusion

986
00:52:49.120 --> 00:52:51.520
because I've got at least one of their terms.

987
00:52:51.520 --> 00:52:54.400
So, but if that term is something

988
00:52:54.400 --> 00:52:55.840
that other people use as well,

989
00:52:55.840 --> 00:52:58.440
there's less of a chance of there being

990
00:52:58.440 --> 00:53:00.360
a likelihood of confusion.

991
00:53:00.360 --> 00:53:01.260
Okay.

992
00:53:01.260 --> 00:53:02.760
Which can be really confusing.

993
00:53:03.640 --> 00:53:06.520
The reason I ask is I'm just about to open

994
00:53:06.520 --> 00:53:08.600
and I want my name to be liminal aesthetics.

995
00:53:08.600 --> 00:53:11.880
I'm a licensed esthetician.

996
00:53:11.880 --> 00:53:14.280
Yeah, so aesthetics, you can do whatever you want with that.

997
00:53:14.780 --> 00:53:16.140
Nobody can own the word aesthetics alone

998
00:53:16.140 --> 00:53:17.660
because that's descriptive.

999
00:53:17.660 --> 00:53:20.660
Well, I'm concerned about the word liminal.

1000
00:53:20.660 --> 00:53:21.500
So if you look at liminal-

1001
00:53:21.500 --> 00:53:23.680
It's descriptive, but it's unusual.

1002
00:53:24.660 --> 00:53:27.260
You're saying liminal, liminal?

1003
00:53:27.260 --> 00:53:28.580
Yeah.

1004
00:53:28.580 --> 00:53:31.500
Yeah, it's the word for a transition space.

1005
00:53:33.740 --> 00:53:36.900
And there's a company in Georgia, Solon,

1006
00:53:36.900 --> 00:53:40.760
that they've named, there's liminal rituals.

1007
00:53:41.780 --> 00:53:42.900
Ah, yeah.

1008
00:53:42.900 --> 00:53:45.680
So the question is, if somebody owns a trademark

1009
00:53:45.680 --> 00:53:49.240
and one of the words is a word that I want to use

1010
00:53:49.240 --> 00:53:51.400
in my own trademark, is that a problem?

1011
00:53:51.400 --> 00:53:52.380
That's the question.

1012
00:53:52.380 --> 00:53:54.080
That's really what it breaks down to.

1013
00:53:54.080 --> 00:53:57.120
And so it becomes a likelihood of confusion analysis.

1014
00:53:57.120 --> 00:53:58.000
Does it look the same?

1015
00:53:58.000 --> 00:53:59.880
Does it sound the same?

1016
00:53:59.880 --> 00:54:02.720
Is it for a similar product, similar service?

1017
00:54:02.720 --> 00:54:05.080
You analyze each part one by one by one

1018
00:54:05.080 --> 00:54:06.560
to see if there's trademark infringement.

1019
00:54:06.560 --> 00:54:08.540
So I can't tell you, obviously,

1020
00:54:08.540 --> 00:54:10.760
because if I told you that it was or was not,

1021
00:54:10.760 --> 00:54:11.780
that would be legal advice.

1022
00:54:11.780 --> 00:54:12.620
I can't do that.

1023
00:54:13.040 --> 00:54:16.520
But in the analysis, that's what you're looking at.

1024
00:54:19.160 --> 00:54:21.280
Well, I can tell you one technique that I've used

1025
00:54:21.280 --> 00:54:22.840
that might be helpful.

1026
00:54:22.840 --> 00:54:25.380
I'll look to see whether or not that one word

1027
00:54:25.380 --> 00:54:27.920
is used by multiple other parties also.

1028
00:54:27.920 --> 00:54:31.600
Meaning, let's say that the trademark

1029
00:54:31.600 --> 00:54:33.080
is the one you mentioned,

1030
00:54:33.080 --> 00:54:34.760
and that first word, liminal,

1031
00:54:34.760 --> 00:54:38.400
is part of like 10 other trademarks.

1032
00:54:38.400 --> 00:54:40.240
People have like, liminal this, liminal that, or-

1033
00:54:40.240 --> 00:54:41.880
Part of 45.

1034
00:54:41.900 --> 00:54:42.820
I'm sorry?

1035
00:54:42.820 --> 00:54:46.260
It's part of 45 other trademarks, give or take.

1036
00:54:47.260 --> 00:54:48.100
There you go.

1037
00:54:48.100 --> 00:54:50.140
So like, that's what I do in my analysis.

1038
00:54:50.140 --> 00:54:52.780
I see, oh, it's part of multiple ones.

1039
00:54:52.780 --> 00:54:54.420
Okay, then the next thing I look at is,

1040
00:54:54.420 --> 00:54:57.780
are they for similar services to my services?

1041
00:54:57.780 --> 00:55:00.060
Are they like for bicycles or for like,

1042
00:55:00.000 --> 00:55:07.800
interior design versus work that an esthetician would do.

1043
00:55:07.800 --> 00:55:11.680
That's the analysis is you look at each word individually.

1044
00:55:11.680 --> 00:55:14.120
Then you look to see what other people are doing.

1045
00:55:14.120 --> 00:55:16.520
If there are federal registrations

1046
00:55:16.520 --> 00:55:19.740
by a lot of other people using that single word alone,

1047
00:55:19.740 --> 00:55:23.320
the next thing I do as a specialist in this area

1048
00:55:23.320 --> 00:55:25.440
or as an IP attorney of 25 years,

1049
00:55:25.440 --> 00:55:27.480
the next thing I would be doing is saying,

1050
00:55:27.520 --> 00:55:30.520
okay, do any of these other people that are listed there

1051
00:55:30.520 --> 00:55:32.200
who have a federal registration

1052
00:55:32.200 --> 00:55:33.760
have it for similar services?

1053
00:55:33.760 --> 00:55:37.160
If they do, my argument is going to be more that

1054
00:55:37.160 --> 00:55:38.960
they actually don't have a very strong trademark

1055
00:55:38.960 --> 00:55:41.360
because there's like five other entities

1056
00:55:41.360 --> 00:55:43.360
having the exact same name,

1057
00:55:43.360 --> 00:55:48.060
the same first word as this one,

1058
00:55:48.060 --> 00:55:50.720
and each one was able to get a federal registration.

1059
00:55:50.720 --> 00:55:52.880
I'd also look at their federal registration

1060
00:55:52.880 --> 00:55:53.960
and see whether or not

1061
00:55:53.960 --> 00:55:56.680
they had to disclaim any of the terms.

1062
00:55:57.320 --> 00:55:59.200
There's a number of different factors that I would look at,

1063
00:55:59.200 --> 00:56:01.600
but you definitely need to talk to a lawyer.

1064
00:56:01.600 --> 00:56:03.440
In your situation, I don't care.

1065
00:56:03.440 --> 00:56:05.160
Make sure it's an IP attorney,

1066
00:56:05.160 --> 00:56:06.280
but make sure you talk to one

1067
00:56:06.280 --> 00:56:08.660
because if you've got one word

1068
00:56:08.660 --> 00:56:10.520
that's similar to another party

1069
00:56:10.520 --> 00:56:11.920
and you see the word that's being used

1070
00:56:11.920 --> 00:56:14.240
by multiple other parties,

1071
00:56:14.240 --> 00:56:16.880
now you've got to look and see are they similar services.

1072
00:56:16.880 --> 00:56:19.480
If they are and they're also used by multiple parties,

1073
00:56:19.480 --> 00:56:22.160
that decreases the strength of their trademark.

1074
00:56:22.160 --> 00:56:23.800
That means the United States Patent and Trademark Office

1075
00:56:23.800 --> 00:56:25.800
doesn't believe their trademark is very strong,

1076
00:56:25.800 --> 00:56:27.760
but you need to make sure

1077
00:56:27.760 --> 00:56:29.720
you got a legal mind analyzing this.

1078
00:56:29.720 --> 00:56:32.120
Don't do that analysis yourself

1079
00:56:33.320 --> 00:56:35.520
because that can be dangerous.

1080
00:56:35.520 --> 00:56:36.360
Okay, great.

1081
00:56:36.360 --> 00:56:37.680
Thank you.

1082
00:56:37.680 --> 00:56:38.520
Ray.

1083
00:56:38.520 --> 00:56:40.320
Hey, so our whole,

1084
00:56:40.320 --> 00:56:42.000
just wanted to make a quick mention here.

1085
00:56:42.000 --> 00:56:44.460
Our whole goal is to be here to help you guys,

1086
00:56:44.460 --> 00:56:47.320
teach you guys how to protect yourselves.

1087
00:56:47.320 --> 00:56:48.480
So when you are sharing,

1088
00:56:48.480 --> 00:56:51.020
try to keep your questions general.

1089
00:56:51.020 --> 00:56:54.040
So don't give up, especially like with the name.

1090
00:56:54.040 --> 00:56:55.880
If you don't have it protected yet,

1091
00:56:55.880 --> 00:56:56.880
don't put it out there

1092
00:56:56.880 --> 00:56:59.520
because this will become public to others.

1093
00:56:59.520 --> 00:57:01.440
And now you don't have the rights to it,

1094
00:57:01.440 --> 00:57:02.960
but now you're giving your name up.

1095
00:57:02.960 --> 00:57:06.000
And so we want you to be able to protect that

1096
00:57:06.000 --> 00:57:06.920
the best that you can.

1097
00:57:06.920 --> 00:57:08.200
And by not sharing it,

1098
00:57:08.200 --> 00:57:10.640
that definitely becomes more,

1099
00:57:10.640 --> 00:57:12.680
a greater chance of not being vulnerable.

1100
00:57:12.680 --> 00:57:14.680
Yeah, good point, Ray.

1101
00:57:14.680 --> 00:57:16.160
Ray's so good at the homework.

1102
00:57:16.160 --> 00:57:17.000
Good job, Ray.

1103
00:57:17.000 --> 00:57:18.420
Catch you back.

1104
00:57:18.420 --> 00:57:19.260
All right, so-

1105
00:57:19.260 --> 00:57:20.560
But we care about you guys.

1106
00:57:20.560 --> 00:57:22.440
We want you to succeed.

1107
00:57:22.440 --> 00:57:24.740
I mean, honestly, that's why we're doing this.

1108
00:57:25.960 --> 00:57:28.160
Lawyers don't sit back and answer questions like this.

1109
00:57:28.160 --> 00:57:30.280
They just, they don't do this.

1110
00:57:30.280 --> 00:57:31.160
Find one.

1111
00:57:31.160 --> 00:57:33.280
I know, I've been doing this a long time.

1112
00:57:33.280 --> 00:57:34.280
They don't do this.

1113
00:57:35.280 --> 00:57:37.320
So with that, let me go back.

1114
00:57:37.320 --> 00:57:40.120
I'm gonna take five more minutes and then we'll close.

1115
00:57:40.120 --> 00:57:44.220
Let me go back to sharing my screen.

1116
00:57:47.400 --> 00:57:48.800
There we go, okay.

1117
00:57:48.800 --> 00:57:51.160
And obviously for the people that take the offer,

1118
00:57:51.160 --> 00:57:52.880
we're gonna be doing this directly with you.

1119
00:57:52.880 --> 00:57:54.600
And you're not gonna get this theoretical,

1120
00:57:54.600 --> 00:57:57.520
oh, I don't know what I would do.

1121
00:57:57.520 --> 00:57:58.920
No, you're gonna get legal advice

1122
00:57:58.920 --> 00:58:01.400
because that's what the offer is about.

1123
00:58:01.400 --> 00:58:04.640
The offer is not only to do the audit with you,

1124
00:58:04.640 --> 00:58:06.520
but to answer your questions directly

1125
00:58:06.520 --> 00:58:07.600
and give you legal advice.

1126
00:58:07.600 --> 00:58:10.280
That's why you actually get an engagement agreement.

1127
00:58:10.280 --> 00:58:11.660
It's not speculative.

1128
00:58:11.660 --> 00:58:13.600
It's not, I don't know, I'll have to get back to you.

1129
00:58:13.600 --> 00:58:16.680
It's like, in your situation, you do this

1130
00:58:16.680 --> 00:58:18.920
because of this, this, and this.

1131
00:58:18.920 --> 00:58:20.580
It's actually a real breakdown.

1132
00:58:20.980 --> 00:58:23.740
Plus the trademark application, plus the trademark search,

1133
00:58:23.740 --> 00:58:27.700
plus all the other things that we added to that as well.

1134
00:58:27.700 --> 00:58:30.820
All right, so let me show you under the field.

1135
00:58:32.920 --> 00:58:34.420
We went through description of the mark.

1136
00:58:34.420 --> 00:58:36.980
We went through design description,

1137
00:58:36.980 --> 00:58:39.840
filing date, you're not gonna use, full mark.

1138
00:58:39.840 --> 00:58:42.580
Full mark, I don't use full mark.

1139
00:58:42.580 --> 00:58:45.020
Full mark is basically the full mark.

1140
00:58:45.020 --> 00:58:47.540
So you're searching like the entire mark.

1141
00:58:47.540 --> 00:58:50.180
The results you're gonna get are trademarks

1142
00:58:50.820 --> 00:58:53.500
where what you type in is the exact same thing.

1143
00:58:53.500 --> 00:58:57.260
Okay, so I don't think that's extremely productive.

1144
00:58:57.260 --> 00:59:01.480
I would rather use this non-punctuated word mark.

1145
00:59:01.480 --> 00:59:06.400
And then I'll get trademarks that have not only that,

1146
00:59:06.400 --> 00:59:08.060
but at least have part of it.

1147
00:59:09.140 --> 00:59:13.740
So if I wanna get results that include what I type in

1148
00:59:13.740 --> 00:59:17.540
plus other things, I'm gonna use non-punctuated word mark.

1149
00:59:17.540 --> 00:59:19.500
If I want the exact same thing,

1150
00:59:19.500 --> 00:59:20.900
I'm gonna type in full mark.

1151
00:59:21.860 --> 00:59:24.480
Okay, so full mark is for the exact same mark.

1152
00:59:24.480 --> 00:59:26.220
Goods and services,

1153
00:59:26.220 --> 00:59:29.300
that's whatever your trademark's being used on.

1154
00:59:29.300 --> 00:59:32.620
If your trademark's being used on footwear,

1155
00:59:32.620 --> 00:59:34.100
that would be your goods and services.

1156
00:59:34.100 --> 00:59:35.980
If it's for doors or perfume,

1157
00:59:35.980 --> 00:59:37.900
those would be your goods or services.

1158
00:59:37.900 --> 00:59:41.180
International class we're gonna talk about tomorrow.

1159
00:59:41.180 --> 00:59:43.020
You'll see a list of each one of them

1160
00:59:43.020 --> 00:59:45.060
and what each one stands for.

1161
00:59:45.060 --> 00:59:47.100
You're not gonna know the registration number,

1162
00:59:47.100 --> 00:59:48.340
live or dead.

1163
00:59:50.060 --> 00:59:51.860
I don't think you're gonna waste the time

1164
00:59:51.860 --> 00:59:54.020
to kind of like specify which one you want.

1165
00:59:54.020 --> 00:59:56.260
Just get all the results and look at them all.

1166
00:59:57.380 --> 00:59:58.700
Drawing code, you're not gonna know.

1167
00:59:58.700 --> 01:00:00.460
Market next, you're not gonna know.

1168
01:00:00.000 --> 01:00:09.000
Mark punctuated, this is if the trademark has like a hyphen or an exclamation point or something like that.

1169
01:00:09.000 --> 01:00:16.000
I tend to use again non-punctuated wordmark. If yours has punctuation, you can use the punctuated version.

1170
01:00:16.000 --> 01:00:23.000
Originally following basis is section 1A is for actual use, 1B is intent to use.

1171
01:00:23.000 --> 01:00:27.000
So let's say you only want to find intent to use trademark applications.

1172
01:00:27.000 --> 01:00:32.000
You can select original following basis and then type in 1B as your search term.

1173
01:00:32.000 --> 01:00:37.000
Other data, you don't care. Owner, if you're trying to find out what your competition owns,

1174
01:00:37.000 --> 01:00:43.000
you can type in their name by selecting owner name and just type their name and you can see every trademark they have.

1175
01:00:43.000 --> 01:00:48.000
Address, that's if you know it. Priority, you don't care. Physical following date, you don't care.

1176
01:00:48.000 --> 01:00:52.000
Pseudomark, you don't care. Pseudomark, you don't care.

1177
01:00:52.000 --> 01:00:57.000
Opposition date, you don't care. Prior registration, you don't care. Registration date, you don't care.

1178
01:00:57.000 --> 01:01:01.000
Renewals, registration, registration number, you don't care.

1179
01:01:01.000 --> 01:01:09.000
Section 44, serial number, serial number, single design code, standard characters claimed, you don't care.

1180
01:01:09.000 --> 01:01:16.000
Date amended, nope. Total designs, nope. Trademark search facility classification code, nope.

1181
01:01:16.000 --> 01:01:19.000
Translation, translation, you don't care about any of those.

1182
01:01:19.000 --> 01:01:27.000
Now type of mark. So if it's a word mark or design mark, you can specify which one you want.

1183
01:01:27.000 --> 01:01:33.000
And then update, you don't care. U.S. class, I don't think you're going to be using U.S. class.

1184
01:01:33.000 --> 01:01:40.000
I think you're going to be using international class. So those are the different fields there.

1185
01:01:41.000 --> 01:01:49.000
What I would do if I were you is if you have a company as homework, play with this thing. It's free.

1186
01:01:49.000 --> 01:01:55.000
Like type in the name of your company. If you never did a trademark search, you might be shocked to see that,

1187
01:01:55.000 --> 01:02:02.000
you know, hopefully this is not the case, but inevitably every single time we run this.

1188
01:02:03.000 --> 01:02:10.000
Yes, logo needs a different trademark than the name. Yes, correct. That's right. It does.

1189
01:02:10.000 --> 01:02:18.000
So I would take whatever the name is of your company and do a trademark search for it and see whether or not there's an issue with it.

1190
01:02:18.000 --> 01:02:26.000
It's much better to know early and then make modifications accordingly than find out down the road, which could be really, really painful.

1191
01:02:27.000 --> 01:02:32.000
All right. Any questions that would be closed? I think that is more than enough for day one.

1192
01:02:32.000 --> 01:02:38.000
My gosh, that was day one. Day one is usually heavy lifting. So, yeah, right back at you, Vicky.

1193
01:02:38.000 --> 01:02:46.000
So day one is it's usually a lot. Day two is a little more manageable.

1194
01:02:46.000 --> 01:02:51.000
Day three, I think, is a lot of fun. I love copyrights. It's a lot of fun to go through that.

1195
01:02:51.000 --> 01:03:06.000
And we'll do some overlap of copyright into day four and then we'll hit patents and then we're going to summarize it all and give you real life scenarios and have you guys give me answers to different situations and you'll see how it all plays out.

1196
01:03:06.000 --> 01:03:12.000
OK. Is this helping you guys? Just curious. It is. OK, good.

1197
01:03:12.000 --> 01:03:17.000
Yeah, a lot. All right. Wonderful. I'm glad. I'm glad this is helping you.

1198
01:03:17.000 --> 01:03:29.000
All right. So for all of you, you're all in VIP. If you honestly believe that VIP is helpful, make sure you go in the Facebook group and let people know because they don't know that they can ask these kind of questions and get feedback like this.

1199
01:03:29.000 --> 01:03:35.000
And so we could probably take another five. I think it's typically what I'll take total.

1200
01:03:35.000 --> 01:03:45.000
I don't like taking a massive number of people in VIP, but since we did this one off schedule, we just did it right after the law for AI masterclass.

1201
01:03:45.000 --> 01:03:50.000
It's not on our normal schedule. Usually our normal schedule is like really packed this.

1202
01:03:50.000 --> 01:03:55.000
I just threw in because I want to make sure I take care of all you AI people, make sure you're not vulnerable out there.

1203
01:03:55.000 --> 01:04:03.000
All right. Well, with that, I'm going to close. I'm going to leave. Larissa, Ray, I don't think we need to do a summary meeting.

1204
01:04:03.000 --> 01:04:08.000
We usually do a summary meeting, but I don't think we need it tonight. All right.

1205
01:04:08.000 --> 01:04:15.000
Yeah. So I'll let you both go. Ray, I'll ping you separate on some other stuff that I get to you.

1206
01:04:15.000 --> 01:04:21.000
I'm working on making sure everyone has access to the AI Success Blueprint discount for the credit.

1207
01:04:22.000 --> 01:04:26.000
That that's brilliant. Yeah. And everyone's replace.

1208
01:04:26.000 --> 01:04:31.000
There are a lot of people who are actually who are in the AI masterclass.

1209
01:04:31.000 --> 01:04:41.000
So. What I did, I just want to honor all of you because a lot of you actually took the blueprint package.

1210
01:04:41.000 --> 01:04:45.000
So for that, take care, take care.

1211
01:04:45.000 --> 01:04:53.000
For that, I decided to take the full price of what you put in and just take that full price off of what we have.

1212
01:04:53.000 --> 01:04:59.000
So that way you're not paying extra to gain anything. It's already it's already covered.

1213
01:05:00.000 --> 01:05:03.240
Does the offer cover trademark or more?

1214
01:05:03.240 --> 01:05:05.520
Hold on, let me go into my comments.

1215
01:05:05.520 --> 01:05:07.320
Yeah, you guys can ask any questions you want.

1216
01:05:07.320 --> 01:05:11.120
I'll take a few questions on the offer, it's fine.

1217
01:05:12.800 --> 01:05:16.040
Does the offer cover trademark for a wordmark or logo?

1218
01:05:16.040 --> 01:05:17.040
And logo.

1219
01:05:17.040 --> 01:05:18.040
No, it's just one.

1220
01:05:18.040 --> 01:05:21.200
So it's one trademark in one international class.

1221
01:05:21.200 --> 01:05:23.080
So let's say that you have to file your trademark

1222
01:05:23.080 --> 01:05:27.000
in two international classes.

1223
01:05:27.000 --> 01:05:30.440
Then you're gonna receive a fee of the USPTO fee,

1224
01:05:30.440 --> 01:05:32.320
which I believe is 250,

1225
01:05:32.320 --> 01:05:36.160
plus our fee is somewhere around 250 to 400.

1226
01:05:36.160 --> 01:05:39.600
So you'll get a separate invoice for like 650 bucks,

1227
01:05:39.600 --> 01:05:40.520
something like that,

1228
01:05:40.520 --> 01:05:42.480
if you're in another international class.

1229
01:05:42.480 --> 01:05:44.040
If you have another trademark

1230
01:05:44.040 --> 01:05:45.680
on top of this trademark filing,

1231
01:05:45.680 --> 01:05:48.800
that's actually charged at a discounted rate

1232
01:05:48.800 --> 01:05:50.080
that I provide for the people

1233
01:05:50.080 --> 01:05:51.920
that have been through my training.

1234
01:05:51.920 --> 01:05:54.080
So it's a flat fee of $1,200,

1235
01:05:54.080 --> 01:05:56.720
which includes the United States Patent and Trademark

1236
01:05:56.720 --> 01:05:58.920
Office fee already in it,

1237
01:05:58.920 --> 01:06:01.200
with no separate bills, no separate anything.

1238
01:06:01.200 --> 01:06:03.080
It's all inclusive,

1239
01:06:03.080 --> 01:06:05.000
because I didn't want my paralegals

1240
01:06:05.000 --> 01:06:07.280
like charging 0.1, 0.3, 0.2.

1241
01:06:07.280 --> 01:06:09.960
It's like a flat fee, done.

1242
01:06:09.960 --> 01:06:12.920
So we don't have to deal with any of the billing.

1243
01:06:12.920 --> 01:06:15.200
And you don't have to deal with any of the billing.

1244
01:06:15.200 --> 01:06:16.360
Let's see.

1245
01:06:16.360 --> 01:06:19.720
Yeah, they are super, Larissa and Ray are super.

1246
01:06:19.720 --> 01:06:22.600
Does anybody have any questions on the offer?

1247
01:06:22.640 --> 01:06:24.680
If you do, just feel free to let me know.

1248
01:06:25.680 --> 01:06:26.840
And then obviously, otherwise,

1249
01:06:26.840 --> 01:06:28.160
as you're thinking about it,

1250
01:06:28.160 --> 01:06:31.000
if you do come up with questions, just let me know.

1251
01:06:31.000 --> 01:06:32.680
I'm here for you guys all week.

1252
01:06:33.560 --> 01:06:34.840
Let's see.

1253
01:06:34.840 --> 01:06:36.080
I don't see.

1254
01:06:36.080 --> 01:06:38.880
Hey, I actually have a little more complicated question

1255
01:06:38.880 --> 01:06:39.720
is about the offer.

1256
01:06:39.720 --> 01:06:40.560
Is that okay?

1257
01:06:40.560 --> 01:06:42.440
Yeah, go ahead Takenya, yeah.

1258
01:06:42.440 --> 01:06:45.880
So I guess I'm trying to just clarify.

1259
01:06:45.880 --> 01:06:47.640
So the offer covers the one,

1260
01:06:47.640 --> 01:06:48.680
but if we have others,

1261
01:06:48.680 --> 01:06:51.560
you will just bill us in addition to the,

1262
01:06:51.600 --> 01:06:53.640
but we can work through all of that

1263
01:06:53.640 --> 01:06:55.040
in our three hour session.

1264
01:06:55.040 --> 01:06:55.880
Is that?

1265
01:06:55.880 --> 01:06:56.720
Oh, absolutely.

1266
01:06:56.720 --> 01:06:57.920
That's a brilliant question.

1267
01:06:57.920 --> 01:06:58.760
All right.

1268
01:06:58.760 --> 01:06:59.880
If we need to file for more things

1269
01:06:59.880 --> 01:07:01.400
and you would just add those on.

1270
01:07:01.400 --> 01:07:04.000
Yeah, that's a brilliant question.

1271
01:07:04.000 --> 01:07:06.880
I'll make sure I specify that tomorrow, Ray, okay?

1272
01:07:06.880 --> 01:07:07.720
So-

1273
01:07:07.720 --> 01:07:10.440
Yeah, we need to add that into our explanation.

1274
01:07:10.440 --> 01:07:13.000
Yeah, so in the three hours,

1275
01:07:13.000 --> 01:07:15.400
we can cover anything you want.

1276
01:07:15.400 --> 01:07:17.080
We can talk about 20 trademarks.

1277
01:07:17.080 --> 01:07:19.560
I had a gentleman who actually runs

1278
01:07:19.560 --> 01:07:22.840
eight different entities, which is ridiculous.

1279
01:07:22.840 --> 01:07:25.240
And so he pinged me and he said,

1280
01:07:25.240 --> 01:07:27.560
hey, I found out about your package.

1281
01:07:27.560 --> 01:07:30.320
Can I take your package and cover all eight companies?

1282
01:07:31.200 --> 01:07:33.840
I was like, sure, why not?

1283
01:07:33.840 --> 01:07:35.640
I mean, it's the same three hours.

1284
01:07:35.640 --> 01:07:37.040
I don't care if we're talking about one company

1285
01:07:37.040 --> 01:07:38.560
or eight companies, it doesn't matter to me.

1286
01:07:38.560 --> 01:07:41.120
I think it came out to 12 that day.

1287
01:07:41.120 --> 01:07:41.960
Oh, that's right.

1288
01:07:41.960 --> 01:07:42.800
I know what you're talking about.

1289
01:07:42.800 --> 01:07:44.680
It came out to like 12.

1290
01:07:44.680 --> 01:07:46.880
It's ridiculous, but he's really smart.

1291
01:07:46.880 --> 01:07:49.200
I mean, he's very, very, very smart.

1292
01:07:50.120 --> 01:07:53.760
So yeah, we literally covered 12 different entities

1293
01:07:53.760 --> 01:07:56.040
and things, it's ridiculous.

1294
01:07:56.040 --> 01:07:58.800
But we can cover as many trademarks as you want.

1295
01:07:58.800 --> 01:08:00.600
We can do live trademark searching.

1296
01:08:01.680 --> 01:08:03.840
If you're trying to figure out,

1297
01:08:03.840 --> 01:08:05.400
like I can't come up with a certain name,

1298
01:08:05.400 --> 01:08:06.960
we can talk about different characteristics

1299
01:08:06.960 --> 01:08:09.520
and see if like a name's released.

1300
01:08:09.520 --> 01:08:12.800
We've had multiple times that names have been released.

1301
01:08:12.800 --> 01:08:15.200
It's kind of blows our mind.

1302
01:08:15.200 --> 01:08:16.040
Yeah, it was pretty sad.

1303
01:08:16.040 --> 01:08:18.760
There's been about 85% of people are trying to use names

1304
01:08:19.319 --> 01:08:21.359
that they could not without being vulnerable

1305
01:08:21.359 --> 01:08:22.960
to infringement and damage claims.

1306
01:08:22.960 --> 01:08:25.160
So it was really great that they took it.

1307
01:08:25.160 --> 01:08:28.319
And then the other 15% hadn't even really

1308
01:08:28.319 --> 01:08:30.640
established anything and were like a blank canvas,

1309
01:08:30.640 --> 01:08:32.560
but they had an amazing launching point

1310
01:08:32.560 --> 01:08:34.600
because now they had Peter in their pocket

1311
01:08:34.600 --> 01:08:36.359
showing them how to set up everything

1312
01:08:36.359 --> 01:08:37.760
the right way from the beginning.

1313
01:08:37.760 --> 01:08:39.359
They didn't lose years of things.

1314
01:08:39.359 --> 01:08:42.200
They had to go now back track and fix.

1315
01:08:42.200 --> 01:08:43.720
So it worked out really great for them.

1316
01:08:43.720 --> 01:08:47.160
What happens is for those who take that offer,

1317
01:08:47.160 --> 01:08:51.080
they get a list of like eight or nine questions

1318
01:08:51.080 --> 01:08:53.640
that essentially guides you on things

1319
01:08:53.640 --> 01:08:55.000
that would be helpful for you

1320
01:08:55.000 --> 01:08:57.399
if you gather them before the meeting.

1321
01:08:57.399 --> 01:08:58.800
And so it'll go through everything

1322
01:08:58.800 --> 01:09:00.720
from like domain names to trademarks

1323
01:09:00.720 --> 01:09:04.040
to agreements with other parties

1324
01:09:04.040 --> 01:09:06.920
to like I break down the things that are strategically

1325
01:09:06.920 --> 01:09:11.680
over the years of my providing IP audits

1326
01:09:11.680 --> 01:09:16.000
to many, many, many corporations over tons of time.

1327
01:09:16.000 --> 01:09:19.319
I found these things to be the most helpful.

1328
01:09:19.319 --> 01:09:21.200
And so I have you go and gather them.

1329
01:09:21.200 --> 01:09:22.680
Now you can gather them or not gather them.

1330
01:09:22.680 --> 01:09:25.200
You can come in not prepared, doesn't matter.

1331
01:09:25.200 --> 01:09:27.800
I'm praying and fasting before I actually do them anyway

1332
01:09:27.800 --> 01:09:30.720
to make sure that I'm as effective as possible for you guys.

1333
01:09:30.720 --> 01:09:33.160
And then when I go into this thing,

1334
01:09:33.160 --> 01:09:35.840
you're getting a trademark attorney, patent attorney,

1335
01:09:35.840 --> 01:09:38.399
copyright attorney, litigator, prosecutor,

1336
01:09:38.399 --> 01:09:41.479
global IP portfolio manager, a teacher,

1337
01:09:41.479 --> 01:09:44.080
like an electrical engineer, a software engineer,

1338
01:09:44.080 --> 01:09:45.920
like I'm all those things.

1339
01:09:46.760 --> 01:09:50.040
So in that moment, we can hit anything.

1340
01:09:50.040 --> 01:09:55.040
And my object, my goal is for you to minimize legal costs

1341
01:09:55.160 --> 01:09:57.880
but have maximum strength in your company.

1342
01:09:57.880 --> 01:09:59.000
That's my goal.

1343
01:09:59.000 --> 01:09:59.840
So there's.

1344
01:10:00.000 --> 01:10:05.840
a single person in all the audits that I've done that'll come out and say that I'm like trying to

1345
01:10:05.840 --> 01:10:12.880
promote, you know, hire me for a service. Not the case. Like not a single person of all the people

1346
01:10:12.880 --> 01:10:17.200
would ever say that because that's that's not the goal. The goal is if I can get people to

1347
01:10:17.200 --> 01:10:23.280
go through my program and have phenomenal strong companies that cannot get struck down when we

1348
01:10:23.280 --> 01:10:28.640
have the next huge dip in the economy because of another garbage thing that happens, you know,

1349
01:10:28.640 --> 01:10:35.920
and affects everybody, if I can get all of you that prepared, I succeeded. I'm good. And so

1350
01:10:35.920 --> 01:10:41.040
that's my goal. And so, yeah, you can bring three trademarks, eight, I don't care. Doesn't matter.

1351
01:10:42.480 --> 01:10:47.520
And then, and yeah, absolutely. And then what we do is if there's something that you need,

1352
01:10:48.080 --> 01:10:51.680
as an example, let's say you need a non-disclosure non-compete agreement.

1353
01:10:51.680 --> 01:10:55.840
Let's say that's the case. A lot of people have NDAs, but they don't have NCAs in the NDAs.

1354
01:10:56.800 --> 01:11:05.440
FYI, they don't have NCAs in the NDAs. That's bad. Anyways, it's getting late for me, so I'm

1355
01:11:05.440 --> 01:11:11.760
starting to get kind of kooky here. So but the point is that if you need one of those, then

1356
01:11:11.760 --> 01:11:16.320
obviously I have those things and I provide them to all of you at a way discounted rate that you

1357
01:11:16.320 --> 01:11:21.920
would never pay for any lawyer. But the intent is to make sure you have access to things that

1358
01:11:21.920 --> 01:11:26.800
are going to help you take off and do well. Peter, I don't think you mentioned to them.

1359
01:11:26.800 --> 01:11:32.960
And just so you guys know, obviously once Peter gets his eyes and his expertise in on

1360
01:11:32.960 --> 01:11:40.320
what you're creating in your business and as a creator, he also provides a discounted rate for

1361
01:11:40.320 --> 01:11:45.680
any future services you might need. And trust me, everyone wants them. They want Peter to make sure

1362
01:11:45.680 --> 01:11:50.880
he's their go-to man anytime they have these situations. They need an AI employee policy.

1363
01:11:50.880 --> 01:11:55.520
If they need certain agreements that they can operate within their company, like for

1364
01:11:55.520 --> 01:11:59.920
independent contractors and how they can protect anything anybody else creates for the business,

1365
01:12:00.960 --> 01:12:06.640
they know that they can trust and rely on his expertise. And he discounts that for all the

1366
01:12:06.640 --> 01:12:15.120
members as well. Ray talks about this stuff. I don't try to promote myself. We have all sorts

1367
01:12:15.120 --> 01:12:20.640
of things available all to you. I mean, anything that's an IP, we can do. Peter's very generous.

1368
01:12:20.640 --> 01:12:25.200
He won't tell you, but he gives, gives, gives, and makes my job full, full, full, but

1369
01:12:28.640 --> 01:12:33.280
really adores taking care of you guys, mentor you, helping you, and then seeing you guys succeed.

1370
01:12:34.320 --> 01:12:38.880
It brings him to tears, but he loves really- You're going to make me get off the line.

1371
01:12:43.280 --> 01:12:48.480
But in all seriousness, yes, you guys, if you do end up in a situation where you need support,

1372
01:12:49.280 --> 01:12:55.040
my normal rate is 600. It's discounted to 500. There are certain documents that are flat feed

1373
01:12:55.040 --> 01:12:59.280
at a huge discount, so you can just have them, quite frankly, because I know what all of you

1374
01:12:59.280 --> 01:13:03.440
need. And if it's a situation where you need a corporate law attorney, I have corporate law

1375
01:13:03.440 --> 01:13:08.560
attorneys that can help you out at a discounted rate as well. So my intent is to make sure you

1376
01:13:08.560 --> 01:13:17.040
have access to the highest premium level of support at a rate that you can actually do.

1377
01:13:17.120 --> 01:13:23.360
And then separately, maybe you don't need any of it. Some people have come to me in these IP audits

1378
01:13:23.360 --> 01:13:28.000
saying, hey, I met with my lawyer. I've got to do this, this, this, and this. And I'm like,

1379
01:13:28.960 --> 01:13:33.280
hold it. Why are you following a patent on technology that's going to be obsolete in

1380
01:13:33.280 --> 01:13:36.400
three years? It's going to take you two and a half years to get out of patent office. That's

1381
01:13:36.400 --> 01:13:44.800
a waste of money. That makes no sense. So I give honest assessment of what your strategic plan is,

1382
01:13:44.800 --> 01:13:51.840
what you truly need, and what you don't need with no personal interest in the process. So

1383
01:13:51.840 --> 01:13:56.800
you'll learn over the week. You'll see. You'll see how I work. And with that, I'm going to jump

1384
01:13:56.800 --> 01:14:05.280
off. I'm going to eat dinner at 9.47 PM. But going forward, it'll be shorter. The plan is to be

1385
01:14:05.280 --> 01:14:12.880
shorter. So Ray, so the plan is to be shorter. It depends on you. I mean, if all of you in a really

1386
01:14:12.960 --> 01:14:18.960
tight bond, I'd end up staying just to help you guys. That's just what I do. So now I'm really

1387
01:14:18.960 --> 01:14:24.000
leaving. It's like the end of a sermon. And the last point, and the last point, the last point.

1388
01:14:24.000 --> 01:14:27.920
And with that, I'm truly leaving. Everybody have a blessed evening. I'll leave you with

1389
01:14:27.920 --> 01:14:30.960
Larissa and Ray. Take care. Good night.