WEBVTT 1 00:00:00.000 --> 00:00:13.280 All right. Fantastic. So welcome to day five of VIP. We are going to dig in a little bit 2 00:00:13.280 --> 00:00:18.240 into patent searching. And also I want to kind of touch base a little more on trademark 3 00:00:18.240 --> 00:00:23.960 searching because I had a number of questions on trademarks and trademark searching. And 4 00:00:23.960 --> 00:00:32.200 then I'll take a few questions on that and then we'll close. And I think the search will 5 00:00:32.200 --> 00:00:37.000 probably take about 10 minutes. I want to show all of you what it looks like. Just out 6 00:00:37.000 --> 00:00:40.760 of curiosity, how many people here are dealing with like technology or something that might 7 00:00:40.760 --> 00:00:44.840 be protectable under patent law? Just so I know, because there's not a lot of people 8 00:00:44.840 --> 00:00:48.640 dealing with that, then I don't need to spend a lot of time on this. So it doesn't look 9 00:00:48.640 --> 00:00:49.640 like... 10 00:00:49.640 --> 00:00:53.640 Is your question about are we dealing with patent law or is your question are we dealing 11 00:00:53.640 --> 00:00:56.320 with technology? 12 00:00:56.320 --> 00:01:00.840 If you're dealing with technology, quite often you're dealing with something novel in technology, 13 00:01:00.840 --> 00:01:02.920 which patents would be involved in that. 14 00:01:02.920 --> 00:01:10.520 Right, right. What I mean is I have a non-technology novel creation that I have almost finished 15 00:01:10.520 --> 00:01:12.520 making. So a patent would be... 16 00:01:12.520 --> 00:01:14.160 Are you interested in patent stuff? 17 00:01:14.160 --> 00:01:18.360 Yeah, that would be... I think that would be around the patent stuff, but it's not technology. 18 00:01:18.360 --> 00:01:19.360 That's what my question was. 19 00:01:19.360 --> 00:01:30.800 All right, let me go to USPTO.gov. I'll show all of you how to do a patent search. It's 20 00:01:30.800 --> 00:01:36.080 kind of tricky. They changed the format of everything. So it's not as simple as it used 21 00:01:36.080 --> 00:01:46.080 to be on the USPTO website. So what you do is you go to My USPTO again, log in. You don't 22 00:01:46.160 --> 00:01:52.400 have to do this to use it. I do it because I want to access certain things that I think 23 00:01:52.400 --> 00:01:59.200 are helpful. But under patents, you can do search with patent public search. 24 00:02:00.960 --> 00:02:09.600 Then you can do a basic search. And from here, you can type in what you want in different 25 00:02:09.600 --> 00:02:14.800 fields. So if you know the applicant's name, like let's say as an example, you want to 26 00:02:14.800 --> 00:02:19.920 see all the new patents that are filed by Sony. You can do a search for Sony. And these 27 00:02:19.920 --> 00:02:28.480 are patents that are filed by Sony. So you can actually see if that company has filed 28 00:02:28.480 --> 00:02:35.520 any patents. So let's say you have a competitor and you're concerned that they might be protecting 29 00:02:35.520 --> 00:02:38.800 their technology. So you want to see whether or not you can do something that competes 30 00:02:38.800 --> 00:02:43.360 with that company, either a system or a method that competes with that company. You might 31 00:02:43.360 --> 00:02:50.720 want to search that company's name and see, OK, do they in fact own the process that they're 32 00:02:50.720 --> 00:02:58.800 using? If they do, then you want to be careful about that. You don't want to step into an 33 00:02:58.800 --> 00:03:04.320 area where you are. Ray, I just made you co-host. You don't want to step into an area where 34 00:03:04.320 --> 00:03:10.080 you are utilizing a technology of another company and they have patents on it. It's 35 00:03:10.080 --> 00:03:15.680 better for you to know this way in advance. So you can actually go in here, look up, and 36 00:03:15.680 --> 00:03:22.480 for the company name, it would be the Assignee because the applicant name would be, you can 37 00:03:22.480 --> 00:03:29.600 file in the name of a company as the applicant, but typically what happens is different inventors 38 00:03:29.600 --> 00:03:35.840 assign a right title and interest to a company. So then the Assignee would be the company. 39 00:03:36.800 --> 00:03:40.640 So you search on the Assignee and you'll notice that there's similar results. Like the first 40 00:03:40.640 --> 00:03:46.160 result is semiconductor device, blah, blah, blah. If you look under applicant name, 41 00:03:48.720 --> 00:03:56.160 search, oops, applicant name, Sony, search, 42 00:03:59.040 --> 00:04:04.240 you'll see there it is, semiconductor device and method. So the same patents will show up 43 00:04:04.240 --> 00:04:10.800 for applicant name and for Assignee because in Sony's case, they assign all right title and 44 00:04:10.800 --> 00:04:16.000 interest for the patent over to the company, which begs the question of in general for IP, 45 00:04:16.720 --> 00:04:21.200 should you be assigning all right title and interest for the IP over to your company, 46 00:04:21.200 --> 00:04:25.840 yes or no? So it goes back to that thing that we talked about in the beginning, which is, 47 00:04:26.960 --> 00:04:32.560 do you want the tax write-off? Do you want to make sure that the company has the right 48 00:04:32.640 --> 00:04:36.960 to perform certain actions on behalf of the technology, or do you want to maintain all 49 00:04:36.960 --> 00:04:42.400 rights yourself? These are the questions you want to ask before you go assigning things. 50 00:04:43.120 --> 00:04:47.760 One of the examples I gave earlier was a really, really, really good friend of mine who spent over 51 00:04:47.760 --> 00:04:52.800 10 years building a company that was worth millions upon millions of dollars and the 52 00:04:52.800 --> 00:04:59.520 board of the company voted her out and there was nothing she could do. You never want to be in a 53 00:04:59.520 --> 00:05:00.080 situation. 54 00:05:00.000 --> 00:05:05.360 like that ever. I mean you're putting your heart and soul into your business. You want to make 55 00:05:05.360 --> 00:05:10.320 sure it's successful and other people can't kick you out. And one of the ways you do that is make 56 00:05:10.320 --> 00:05:17.760 sure that your corporate formation documents don't give all rights to the board. Like you don't want 57 00:05:17.760 --> 00:05:22.320 to be in a situation where your board can fire you as the president of the company, which happened 58 00:05:22.320 --> 00:05:27.200 to her. But then separate from that, you want to make sure you maintain certain rights over your 59 00:05:27.200 --> 00:05:34.560 own IP. So for that reason what you could do is create a first entity, assign all right title and 60 00:05:34.560 --> 00:05:40.960 interest to the IP to the first entity, and then have that entity that you wholly own assign rights 61 00:05:40.960 --> 00:05:46.400 or license rights to the company. So you don't actually have to have everything directly assigned 62 00:05:46.400 --> 00:05:51.280 to the company. You can put it into a holding company and then license the rights over to the 63 00:05:51.280 --> 00:05:57.040 company. And then maintain control over the holding company so nobody can kick you out. 64 00:05:57.680 --> 00:06:01.360 If they kick you out of the big company, well good luck using the technology because you need the 65 00:06:01.360 --> 00:06:06.080 rights to use the technology from me or you need the rights to the trademarks or the copyrights 66 00:06:06.080 --> 00:06:12.000 from me because I'm the owner of the holding company. The holding company owns the IP, which 67 00:06:12.000 --> 00:06:16.160 means you can kick me out, but that means you just lost all rights to do anything as a company. 68 00:06:17.120 --> 00:06:22.800 That's how you maintain ownership of things and that's how you get by tax write-offs. Give me one 69 00:06:22.800 --> 00:06:28.400 second, Ray. That's how you get by tax write-offs and that's how you make sure you're not personally 70 00:06:28.400 --> 00:06:35.760 liable for things. Yeah, go ahead, Ray. I actually just met a woman two days ago who was telling me 71 00:06:35.920 --> 00:06:49.120 how she was on a board on a company and one of the board members held their IP. He charged them 72 00:06:49.120 --> 00:06:55.120 millions for it. I was like, it was all in his name, wasn't it? She was like, yep. I was like, 73 00:06:55.120 --> 00:07:02.320 that's exactly what we teach. That's what you do. When you're creating something that's really 74 00:07:02.320 --> 00:07:08.160 important to you and you're building a company based on that and you're the one that received 75 00:07:08.160 --> 00:07:12.880 the revelation on the technology, you're the one that hired the right individuals, 76 00:07:12.880 --> 00:07:19.360 built up the technology, how silly of it is to just give it away. Yeah, he tried to charge them 77 00:07:19.360 --> 00:07:26.880 $50 million for the IP rights back. Yeah, and just to be clear, this is not uncommon. IP 78 00:07:27.680 --> 00:07:33.360 is what gives the company the right to do certain things because whoever owns the IP 79 00:07:33.360 --> 00:07:37.360 gets to stop others from making, using, selling, or importing. If that company doesn't have the 80 00:07:37.360 --> 00:07:43.920 legal rights, they can't make you sell or import that thing in the patent. They can't use that 81 00:07:43.920 --> 00:07:52.400 trademark. They can't use the text in that book or they can't sell that e-course because you're 82 00:07:52.400 --> 00:07:58.240 the creator. There's a lot of brilliant people that are here right now, so don't give away your 83 00:07:58.240 --> 00:08:02.480 stuff. Now, what if you're an employee? This is one thing I wanted to cover. 84 00:08:05.440 --> 00:08:13.840 What if you're an employee at a certain place? There are certain laws that speak towards 85 00:08:15.040 --> 00:08:19.760 if you're creating something in your work environment, you're getting paid to work 86 00:08:20.480 --> 00:08:27.760 on that thing, you're using the work's equipment. There's law that's speaking towards anything 87 00:08:27.760 --> 00:08:33.520 that's created that belongs to the employer. In fact, if you look at your employee agreements, 88 00:08:34.240 --> 00:08:41.360 a lot of employee agreements speak towards this very issue, so be very careful. If you're a think 89 00:08:41.360 --> 00:08:45.840 tank, there are people that are think tanks, people that just get hired because these people 90 00:08:46.640 --> 00:08:51.840 are always creating. They're just brilliant. They're always creating. 91 00:08:53.120 --> 00:08:57.840 If you're one of those kind of people, the last thing you want to be doing is being hired by a 92 00:08:57.840 --> 00:09:01.760 company that says every single thing that you ever create or you ever think about is owned by the 93 00:09:01.760 --> 00:09:09.120 company unless they're paying you a million plus a year. If that's the case, hey, no problem. 94 00:09:09.440 --> 00:09:15.440 You know what? I will be your think tank. I'll come in. I will think about all sorts of stuff. 95 00:09:15.440 --> 00:09:20.240 I'll spit out these great ideas, and I'll go home, and I'll get paid $1.5 million a year. 96 00:09:21.200 --> 00:09:27.840 There are people that do that, but what you don't want to do is you end up being the person who's 97 00:09:27.840 --> 00:09:33.120 the inventor on certain technology. You go over to a second company because that second company sees 98 00:09:33.120 --> 00:09:39.440 just how brilliant you are, and then you disclose something. They take it, and now that they've got 99 00:09:39.440 --> 00:09:49.760 it, they don't know that they really need you. Just be careful. I've had many, many, many calls 100 00:09:49.760 --> 00:09:55.840 over my career where people were in really unfortunate situations where they got hired 101 00:09:55.840 --> 00:09:59.920 by a company. They brought their own technology to the company. The company 102 00:10:00.000 --> 00:10:02.280 The company tapped into it, said it was theirs. 103 00:10:02.280 --> 00:10:05.320 The company filed the patent on the technology, 104 00:10:05.320 --> 00:10:08.320 and then the person is going, hold it, that's mine. 105 00:10:08.320 --> 00:10:10.400 Like, that was my idea. 106 00:10:10.400 --> 00:10:13.200 And then the company says, yeah, that's why we hired you. 107 00:10:14.200 --> 00:10:16.480 And you defer the development on it in our place. 108 00:10:16.480 --> 00:10:18.240 Therefore, we own the IP, 109 00:10:18.240 --> 00:10:21.000 like figured this stuff out beforehand. 110 00:10:21.000 --> 00:10:24.340 And the same thing if you have employees. 111 00:10:24.340 --> 00:10:26.040 If you're an employer, 112 00:10:26.040 --> 00:10:28.020 you wanna make sure that your employees 113 00:10:28.020 --> 00:10:29.400 have to assign it to the company. 114 00:10:29.400 --> 00:10:33.200 You're on the other side of the spectrum, right? 115 00:10:33.200 --> 00:10:35.080 But you might wanna be fair about it. 116 00:10:35.080 --> 00:10:37.160 You might wanna kind of incorporate 117 00:10:37.160 --> 00:10:40.120 some kind of agreement with people that says, 118 00:10:40.120 --> 00:10:42.220 if we file a patent application 119 00:10:42.220 --> 00:10:43.480 for anything that you create, 120 00:10:43.480 --> 00:10:47.520 you get $2,000 upfront for the filing. 121 00:10:47.520 --> 00:10:48.600 And if the patent issues, 122 00:10:48.600 --> 00:10:51.840 we'll give you a $3,000 bonus or whatever it is. 123 00:10:51.840 --> 00:10:54.040 You come up with some kind of compensation plan 124 00:10:54.040 --> 00:10:56.000 so people feel inspired 125 00:10:56.760 --> 00:10:59.880 and led to not only create, 126 00:10:59.880 --> 00:11:03.120 but to disclose to you as they're creating. 127 00:11:03.120 --> 00:11:06.680 Otherwise, what you end up with is a bunch of engineers 128 00:11:06.680 --> 00:11:07.920 who come up with great ideas 129 00:11:07.920 --> 00:11:09.200 and they don't wanna do anything with it 130 00:11:09.200 --> 00:11:11.600 because they're like, well, I'm not getting anything out of 131 00:11:11.600 --> 00:11:15.440 this, I'm getting paid $25 an hour 132 00:11:15.440 --> 00:11:17.600 and I'm sitting behind a desk. 133 00:11:17.600 --> 00:11:20.880 And anytime I come up with something that's worth millions, 134 00:11:20.880 --> 00:11:22.720 I still get $25 an hour. 135 00:11:22.720 --> 00:11:26.160 So no, I'm not gonna disclose these things. 136 00:11:26.160 --> 00:11:27.720 So come up with incentive plans 137 00:11:27.720 --> 00:11:29.680 that make people want to help. 138 00:11:29.680 --> 00:11:32.020 All right, so going back to this form here, 139 00:11:32.900 --> 00:11:36.880 what you've got is you can select your applicant name 140 00:11:36.880 --> 00:11:38.600 or your assignee name. 141 00:11:38.600 --> 00:11:40.280 You're not really gonna use the attorney firm. 142 00:11:40.280 --> 00:11:42.200 I mean, if you wanna look at patents that I filed, 143 00:11:42.200 --> 00:11:43.500 you can look them up here. 144 00:11:44.920 --> 00:11:48.160 Your inventor name is another one you can look up. 145 00:11:48.160 --> 00:11:51.020 So there's a lot of different fields you can look under. 146 00:11:51.020 --> 00:11:53.100 But one of the things I tell people to do 147 00:11:53.100 --> 00:11:55.760 is to look under the technology. 148 00:11:58.300 --> 00:12:00.420 So I would just use everything. 149 00:12:00.420 --> 00:12:05.420 Let's say like bicycle, no, bicycle, right? 150 00:12:05.860 --> 00:12:07.300 Bicycle, bicycle. 151 00:12:09.060 --> 00:12:11.580 All right, and then I do a quick search. 152 00:12:11.580 --> 00:12:12.900 Now I'm getting all these patents 153 00:12:12.900 --> 00:12:14.980 that have to do with bicycles. 154 00:12:14.980 --> 00:12:17.740 Like bicycle drive train, reputation score assignment 155 00:12:17.740 --> 00:12:19.300 for vehicle-based communications, 156 00:12:19.300 --> 00:12:22.260 all these things have the word bicycle in there somewhere. 157 00:12:23.140 --> 00:12:25.900 And you can go in and you can be more specific. 158 00:12:25.900 --> 00:12:26.920 Like you could say, 159 00:12:29.500 --> 00:12:33.300 say like a moped, moped, that's moped. 160 00:12:35.260 --> 00:12:36.340 Now you're looking up. 161 00:12:37.560 --> 00:12:39.660 Did you notice how when I typed in moped, 162 00:12:39.660 --> 00:12:41.420 bicycle came up, see that? 163 00:12:43.620 --> 00:12:44.460 That happens. 164 00:12:44.460 --> 00:12:47.060 That's why searching on the United States 165 00:12:47.060 --> 00:12:50.500 Patent and Trademark Office is not the best. 166 00:12:50.500 --> 00:12:52.420 It's a good way if you're sitting back 167 00:12:52.420 --> 00:12:55.780 and you're thinking I can do some searching on my own 168 00:12:55.780 --> 00:12:56.860 to keep costs down. 169 00:12:56.860 --> 00:12:58.660 It's a great first cut at it. 170 00:12:58.660 --> 00:13:00.860 But once you get to the point where you're looking 171 00:13:00.860 --> 00:13:03.420 at a really important technology of your company 172 00:13:03.420 --> 00:13:06.080 and you wanna pursue it, I would hire a professional. 173 00:13:07.020 --> 00:13:09.600 Just to be clear, I've written patents for 25 years. 174 00:13:09.600 --> 00:13:11.820 I've written over a thousand patents. 175 00:13:11.820 --> 00:13:16.260 I have prosecuted patents for MIT, Harvard, 176 00:13:16.260 --> 00:13:19.140 solo entrepreneurs to like multi-billion dollar 177 00:13:19.140 --> 00:13:19.980 corporations. 178 00:13:19.980 --> 00:13:22.820 And when I came up with my own invention, I hired a lawyer. 179 00:13:25.260 --> 00:13:27.500 I had somebody draft it. 180 00:13:27.500 --> 00:13:31.120 And then I reviewed it and edited it myself afterwards. 181 00:13:31.120 --> 00:13:31.960 Why? 182 00:13:31.960 --> 00:13:33.920 Because I wanted somebody else's view. 183 00:13:35.540 --> 00:13:37.540 I knew how important it was. 184 00:13:37.540 --> 00:13:39.340 And I said, let me get another perspective 185 00:13:39.340 --> 00:13:41.900 on what I'm doing because I'm seeing it this way, 186 00:13:41.900 --> 00:13:43.660 but they'll see it that way. 187 00:13:43.660 --> 00:13:45.580 So I said, let me see them do the draft. 188 00:13:45.580 --> 00:13:48.340 And then I reworked it all and came out with something 189 00:13:48.340 --> 00:13:49.660 that was very powerful. 190 00:13:49.660 --> 00:13:51.980 So for that, that's what I would do is make sure 191 00:13:51.980 --> 00:13:53.540 you hire the right people. 192 00:13:53.540 --> 00:13:57.140 Like if my tooth hurts, I'm not gonna go and do, 193 00:13:57.140 --> 00:13:59.720 you know, give myself some kind of filling. 194 00:13:59.720 --> 00:14:01.460 Like I go to a dentist. 195 00:14:01.460 --> 00:14:04.180 So get somebody who's good at what they do. 196 00:14:04.180 --> 00:14:06.580 It's probably a bad idea to do otherwise. 197 00:14:06.580 --> 00:14:08.180 So this is the site. 198 00:14:08.180 --> 00:14:09.260 This is where you can do it. 199 00:14:09.260 --> 00:14:10.420 If somebody gives you a patent number, 200 00:14:10.420 --> 00:14:12.860 you can type in the patent number there, look for it, 201 00:14:12.860 --> 00:14:15.700 or you can search by subject matter in there, 202 00:14:15.700 --> 00:14:17.940 or you can search for an applicant or an assignee, 203 00:14:17.940 --> 00:14:19.540 all in the same place. 204 00:14:19.540 --> 00:14:20.860 Really simple site. 205 00:14:22.100 --> 00:14:23.380 And I will, let me do this. 206 00:14:23.380 --> 00:14:28.380 I'll just drop in the chat the link for this piece. 207 00:14:31.020 --> 00:14:33.020 That's the link to actually go in there 208 00:14:35.620 --> 00:14:37.300 and do searching yourself, okay? 209 00:14:38.460 --> 00:14:39.300 All right. 210 00:14:41.020 --> 00:14:42.660 Let me stop sharing that. 211 00:14:43.860 --> 00:14:44.900 Okay. 212 00:14:44.900 --> 00:14:46.460 So that was the first thing I wanted to cover. 213 00:14:46.460 --> 00:14:50.340 We just talked about how to do a patent search, all right? 214 00:14:50.340 --> 00:14:52.300 That's on the USPTO website. 215 00:14:52.300 --> 00:14:53.900 It's free. 216 00:14:53.900 --> 00:14:54.740 Free is good. 217 00:14:54.740 --> 00:14:56.420 We like free. 218 00:14:56.420 --> 00:14:57.420 Just keep that in mind. 219 00:14:57.420 --> 00:14:59.060 You can use it yourself. 220 00:14:59.060 --> 00:14:59.900 Now on the. 221 00:15:00.000 --> 00:15:03.920 Trademark searching side, I had a few questions 222 00:15:03.920 --> 00:15:04.760 that I received. 223 00:15:04.760 --> 00:15:06.360 So I wanna see if anybody has any other questions 224 00:15:06.360 --> 00:15:07.600 on the trademark searching side. 225 00:15:07.600 --> 00:15:11.600 One of them was, if you've got two words, 226 00:15:12.560 --> 00:15:14.760 if your trademark is two words 227 00:15:14.760 --> 00:15:17.180 and somebody else uses the words together, 228 00:15:18.520 --> 00:15:20.920 can they get away from trademark infringement? 229 00:15:20.920 --> 00:15:21.880 The answer is no. 230 00:15:21.880 --> 00:15:25.520 If the words are in their trademark, it's a problem. 231 00:15:25.520 --> 00:15:30.520 Now, if what they have, it's five words 232 00:15:32.040 --> 00:15:34.640 and you use one of the five words, 233 00:15:34.640 --> 00:15:37.840 there's a way lower chance of trademark infringement, 234 00:15:37.840 --> 00:15:39.980 like exponentially low. 235 00:15:39.980 --> 00:15:44.680 So if the trademark is like Microsoft Excel 236 00:15:44.680 --> 00:15:48.580 software platform, and you decide to use 237 00:15:48.580 --> 00:15:50.320 like the word Microsoft, 238 00:15:50.320 --> 00:15:53.360 the problem is the word Microsoft is so well known, 239 00:15:53.360 --> 00:15:55.220 you're gonna run into problems. 240 00:15:56.220 --> 00:15:58.300 But if there's a bunch of generic words in there, 241 00:15:58.300 --> 00:16:01.340 like software platform that they're disclaiming, 242 00:16:01.340 --> 00:16:04.300 you can use those, you're not gonna run into problems. 243 00:16:04.300 --> 00:16:06.080 Okay, they're not gonna be issues. 244 00:16:07.020 --> 00:16:09.580 Does anybody have any questions on trademark searches 245 00:16:09.580 --> 00:16:11.940 or patent searches before we go on? 246 00:16:11.940 --> 00:16:13.180 I just wanna make sure of this 247 00:16:13.180 --> 00:16:15.720 because this is an easy tool, it's a simple tool, 248 00:16:15.720 --> 00:16:17.400 you can use it yourself 249 00:16:17.400 --> 00:16:19.900 and you don't wanna walk into infringement issues. 250 00:16:21.640 --> 00:16:22.480 Nobody? 251 00:16:22.480 --> 00:16:23.420 Okay. 252 00:16:23.420 --> 00:16:24.580 All right, so we'll close on that. 253 00:16:25.340 --> 00:16:28.380 Adelaine, you had a question last time when we closed, 254 00:16:28.380 --> 00:16:30.060 do you remember it? 255 00:16:30.060 --> 00:16:32.420 All right, so why don't we start out with you? 256 00:16:32.420 --> 00:16:35.020 Yeah, I actually have three questions, 257 00:16:35.020 --> 00:16:37.420 so I don't know whether I can ask all of them 258 00:16:37.420 --> 00:16:39.800 and if so, do you want them all at once 259 00:16:39.800 --> 00:16:42.180 or do you wanna do them one by one? 260 00:16:43.060 --> 00:16:44.780 Well, start out with one, go ahead. 261 00:16:44.780 --> 00:16:46.260 Okay, all right. 262 00:16:46.260 --> 00:16:50.140 This is kind of like, I'm in Australia, right? 263 00:16:50.140 --> 00:16:53.140 So everything that you've shared with USPTO, 264 00:16:54.700 --> 00:16:57.260 I don't know what's relevant for me, 265 00:16:57.260 --> 00:17:00.620 like, we have our own IP office, 266 00:17:00.620 --> 00:17:02.740 so I'm just wondering if I'm doubling 267 00:17:02.740 --> 00:17:06.420 and it's strange because my whole thing is online. 268 00:17:07.599 --> 00:17:10.220 So what do I do with everything that you've taught 269 00:17:10.220 --> 00:17:15.060 about USPTO, trademark, patents and all of that 270 00:17:15.060 --> 00:17:17.380 because I know that applies to the US 271 00:17:17.380 --> 00:17:18.900 and then from the US international, 272 00:17:18.900 --> 00:17:22.099 but I'm from Australia and then Australia international, 273 00:17:22.099 --> 00:17:25.180 so if you can comment, that'd be great. 274 00:17:25.180 --> 00:17:27.500 Copy, paste. 275 00:17:27.500 --> 00:17:29.600 Well, you are very fortunate 276 00:17:29.600 --> 00:17:32.820 because I deal with prosecution around the world. 277 00:17:32.820 --> 00:17:35.340 I don't think there's a country that I haven't, 278 00:17:36.620 --> 00:17:39.740 well, no, there are some countries that I haven't dealt with 279 00:17:39.740 --> 00:17:41.620 but most countries of the world, 280 00:17:41.620 --> 00:17:44.520 including Australia, I have worked with. 281 00:17:44.520 --> 00:17:49.300 So what I'm gonna share with you are a few things. 282 00:17:49.300 --> 00:17:52.060 Let me see if I can, why can't I see it on my screen yet? 283 00:17:52.900 --> 00:17:54.660 Share screen, there it is. 284 00:17:54.660 --> 00:17:56.000 There you are. 285 00:17:58.060 --> 00:18:00.380 Hello, Australia. 286 00:18:00.380 --> 00:18:01.220 There we go. 287 00:18:02.260 --> 00:18:03.660 All right, this is the Australia. 288 00:18:03.660 --> 00:18:06.380 I know it was bad, I know it was bad. 289 00:18:06.380 --> 00:18:08.420 It was so bad. 290 00:18:08.420 --> 00:18:09.260 It's so stereotypical. 291 00:18:09.260 --> 00:18:10.740 It's not even Australian. 292 00:18:10.740 --> 00:18:12.780 So bad, I know. 293 00:18:12.780 --> 00:18:14.900 Xavier is on the Australian beach. 294 00:18:14.900 --> 00:18:16.900 I like their accent, I'm sorry. 295 00:18:16.900 --> 00:18:19.060 It's like one of my favorite accents. 296 00:18:19.060 --> 00:18:21.380 Xavier has a horrible one too. 297 00:18:21.380 --> 00:18:23.220 British accents and Australian accents 298 00:18:23.220 --> 00:18:25.540 are like two of my absolute favorites. 299 00:18:25.540 --> 00:18:28.140 So I'm a little biased, so I just like them. 300 00:18:28.140 --> 00:18:29.420 All right, so here, 301 00:18:29.420 --> 00:18:32.260 this is the Trademark Office website for Australia. 302 00:18:33.340 --> 00:18:37.180 The Australian Trademark Office works very similar to US. 303 00:18:37.180 --> 00:18:38.380 There's not a lot of differences. 304 00:18:38.380 --> 00:18:40.120 Matter of fact, most countries of the world 305 00:18:40.120 --> 00:18:43.560 work essentially in a very similar manner. 306 00:18:44.580 --> 00:18:47.420 There's this thing called the Paris Convention. 307 00:18:47.420 --> 00:18:48.740 Most countries of the world 308 00:18:48.740 --> 00:18:51.180 are members of the Paris Convention. 309 00:18:51.980 --> 00:18:54.340 And there's this thing called the Madrid Protocol. 310 00:18:54.340 --> 00:18:56.580 A lot of the big countries that we're aware of 311 00:18:56.580 --> 00:18:58.900 are members of the Madrid Protocol. 312 00:18:58.900 --> 00:19:02.500 So you can file a trademark application in the United States 313 00:19:02.500 --> 00:19:04.440 and within six months, 314 00:19:04.440 --> 00:19:07.700 you can file that same trademark in a foreign country 315 00:19:07.700 --> 00:19:09.460 under the Madrid Protocol. 316 00:19:09.460 --> 00:19:12.060 It's actually called a CTM application. 317 00:19:12.060 --> 00:19:15.580 So what I'll do is I'll actually get you 318 00:19:15.580 --> 00:19:16.860 more information on this, 319 00:19:16.860 --> 00:19:20.260 but personally, I can get you more information on this. 320 00:19:20.260 --> 00:19:24.060 But what you're doing is you wanna file within six months. 321 00:19:24.060 --> 00:19:24.900 That's the way it works. 322 00:19:24.900 --> 00:19:26.340 So if you file in the US, 323 00:19:26.340 --> 00:19:28.540 if you wanna maintain that original filing date, 324 00:19:28.540 --> 00:19:30.500 file within six months. 325 00:19:30.500 --> 00:19:32.260 It has to be within six months. 326 00:19:32.260 --> 00:19:33.700 If you file after six months, 327 00:19:33.700 --> 00:19:36.700 you lose your priority date, okay? 328 00:19:36.700 --> 00:19:41.700 So Australia has an awesome trademark system. 329 00:19:43.420 --> 00:19:44.920 There are no problems with it. 330 00:19:44.920 --> 00:19:48.640 I have agents in Australia that I work with personally. 331 00:19:48.640 --> 00:19:50.720 So if you get in a bind, 332 00:19:50.720 --> 00:19:52.000 we can put you with the right lawyer. 333 00:19:52.000 --> 00:19:54.400 We can tell you exactly what to do. 334 00:19:54.400 --> 00:19:57.040 But in general, the rules are the same. 335 00:19:57.040 --> 00:19:59.640 Like it's not like they're completely different rules. 336 00:20:00.000 --> 00:20:05.120 still identifications of a source of goods, you still can file a logo, you still can file a word 337 00:20:05.120 --> 00:20:12.080 mark, you know, there as well. The thing with Canada is different in that Canada spends more 338 00:20:12.080 --> 00:20:16.400 time. Like if you file in the United States trademark application, it takes you about 10 339 00:20:16.400 --> 00:20:21.680 months to get a first office action or allowance. In Canada, it takes about three years. 340 00:20:23.280 --> 00:20:29.520 That's a long time. So if you're going to seek rights in Canada, I usually tell people, okay, 341 00:20:30.240 --> 00:20:35.760 start using your TM immediately. Let the public know about them immediately. 342 00:20:35.760 --> 00:20:42.480 Now, certain countries have certain unique things that they do. Like in the United States, 343 00:20:42.480 --> 00:20:47.600 we use like SM for a service mark. Certain countries like use certain different things. 344 00:20:47.600 --> 00:20:54.640 So the best thing that you can do is I would say in general, most of the rules are similar, 345 00:20:54.640 --> 00:21:00.640 except for in the patent world. In the patent world, foreign countries have an absolute 346 00:21:00.640 --> 00:21:07.520 non-disclosure, non-publication requirement to file a patent, right? Australia is one of them. 347 00:21:08.320 --> 00:21:14.000 So before you go disclosing your invention, be careful because you can lose the right to file 348 00:21:14.000 --> 00:21:20.240 anything in Australia, just by the fact that you have a publication. Now, one thing that is cool 349 00:21:20.240 --> 00:21:26.000 about Australia, which is different from the United States is that in Australia, if you add, 350 00:21:26.000 --> 00:21:33.520 oh, I need to preface this. So this is not legal advice. Seek out your local Aussie and ask them 351 00:21:33.520 --> 00:21:39.280 to help you out like with what to file and what not to file. Okay. Because they will know better 352 00:21:39.280 --> 00:21:48.800 than I will. But the situation is that you can actually use a non-disclosure agreement 353 00:21:49.600 --> 00:21:56.160 and have a meeting with somebody disclosing the invention for countries outside the U.S. 354 00:21:56.160 --> 00:22:02.560 and it's not considered a disclosure because it's under an NDA. That's only in foreign countries. 355 00:22:03.200 --> 00:22:08.560 In the United States, that doesn't work. In the United States, whether you have an NDA in place 356 00:22:08.560 --> 00:22:14.240 or you don't have an NDA in place, it's considered a public disclosure because they give you a full 357 00:22:14.240 --> 00:22:19.680 year to file something. So foreign countries don't have a full year. They have an absolute 358 00:22:19.680 --> 00:22:27.840 non-disclosure, non-public disclosure requirement. The United States says, no, you can disclose it, 359 00:22:27.840 --> 00:22:32.000 but within a year, you need to file something. The United States is a first to file system. 360 00:22:32.800 --> 00:22:39.360 And most countries in the world, including Australia, are first to file system. Okay. So 361 00:22:39.360 --> 00:22:44.320 that means I come up with an idea. If my next door neighbor comes up with the same idea and 362 00:22:44.320 --> 00:22:49.760 they file before me, even though I came up with the idea before them or I create the thing before 363 00:22:49.760 --> 00:22:57.120 them, it doesn't matter. They filed first. That's how almost the entire world is. First to file 364 00:22:57.120 --> 00:23:01.680 system. So for Australia, you just go into the site over here and you go into trademarks and you 365 00:23:01.680 --> 00:23:10.960 go search existing trademarks and you can go and do a search. That's it. Okay. So that means in my 366 00:23:10.960 --> 00:23:22.800 situation, I would just file with the Australian office and then do the U.S. as well, just to get 367 00:23:24.000 --> 00:23:28.720 everything covered. Yeah. I mean, you can do it multiple ways. You can file the U.S. and then 368 00:23:28.720 --> 00:23:35.920 file foreign countries off of it. Can you file in Australia and then do a foreign? Well, you can 369 00:23:35.920 --> 00:23:40.320 file in Australia and then file in foreign countries within six months to maintain your 370 00:23:40.320 --> 00:23:49.840 priority date. The question is, can you file a CTM application after filing in Australia first? 371 00:23:49.840 --> 00:23:56.080 I'd have to look that up to let you know. Okay. So what a CTM application is, is basically 372 00:23:56.080 --> 00:24:02.800 designating a lot of different foreign countries at once. Okay. When that application is allowed, 373 00:24:02.800 --> 00:24:08.640 you go into the individual countries, right? So it's like one application gets examined. 374 00:24:09.440 --> 00:24:15.120 They say, oh yeah, it's allowable. And then you get your trademark in individual countries 375 00:24:15.120 --> 00:24:20.880 after that. Like in the patent world, the way it works is you file a U.S. application within 376 00:24:20.880 --> 00:24:26.000 one year. You have to file any foreign patent applications. You can file what's 377 00:24:26.000 --> 00:24:31.360 called a PCT application, which is called the Patent Cooperation Treaty. All members of the 378 00:24:31.360 --> 00:24:36.000 Paris Convention, countries that are members of the Paris Convention are included in that. 379 00:24:36.000 --> 00:24:43.680 You file one PCT application and within 30 months of the earliest priority date, meaning let's 380 00:24:43.680 --> 00:24:52.640 say you filed in the U.S. on January 1st, 2020, within 30 months of that date, or two and a half 381 00:24:52.640 --> 00:24:59.840 years, you then go into each individual country one by one. But you have to file your PCT application 382 00:25:00.000 --> 00:25:01.160 within one year. 383 00:25:01.160 --> 00:25:04.540 So there's so many nuances to this Adelaide, 384 00:25:04.540 --> 00:25:05.760 make sure you work with somebody 385 00:25:05.760 --> 00:25:07.700 who knows what they're doing, honestly, 386 00:25:07.700 --> 00:25:10.880 because there's so many aspects of IP. 387 00:25:10.880 --> 00:25:13.320 Like what I cover for everybody is, 388 00:25:13.320 --> 00:25:15.680 it is deep, it is in depth, 389 00:25:15.680 --> 00:25:20.500 but it's like a thousandth of what could happen. 390 00:25:20.500 --> 00:25:23.120 And so it's really important to like be in an, 391 00:25:23.120 --> 00:25:24.980 either in an environment or know people 392 00:25:24.980 --> 00:25:26.760 that know what they're doing in this area. 393 00:25:26.800 --> 00:25:29.560 Cause you mess up, like I said before, 394 00:25:29.560 --> 00:25:31.280 with that example, it's gone. 395 00:25:31.280 --> 00:25:32.480 Like you can't recover it. 396 00:25:32.480 --> 00:25:35.920 So in your case, if you need to talk 397 00:25:35.920 --> 00:25:36.960 to an Australian attorney, 398 00:25:36.960 --> 00:25:39.240 I can just get you in touch with an Australian attorney. 399 00:25:39.240 --> 00:25:40.760 That's what we do within the network. 400 00:25:40.760 --> 00:25:43.200 We just, we share our attorneys and everything. 401 00:25:44.240 --> 00:25:47.080 Okay, should I ask you the second question 402 00:25:47.080 --> 00:25:48.640 or wait for, is there, 403 00:25:48.640 --> 00:25:51.520 I don't know if anyone else has their hand up or? 404 00:25:51.520 --> 00:25:54.800 I'll take one more before we go over, sure. 405 00:25:54.800 --> 00:25:58.760 Okay, so that was all very good to know. 406 00:25:58.760 --> 00:26:00.200 At the same time, I'm thinking, 407 00:26:00.200 --> 00:26:05.200 I just want to like stay out of as many potential 408 00:26:06.360 --> 00:26:09.160 legal minefields as possible, 409 00:26:09.160 --> 00:26:11.320 or yeah, even areas where I could. 410 00:26:11.320 --> 00:26:15.120 So I'm already thinking like, maybe I won't do a logo. 411 00:26:17.400 --> 00:26:19.320 And we both follow Pedro. 412 00:26:19.320 --> 00:26:22.280 Pedro started out, you know, with the ClickFunnels logo. 413 00:26:23.240 --> 00:26:27.520 So just, you know, go in an area where you're not, 414 00:26:27.520 --> 00:26:30.120 I guess, just starting out and you're just doing, 415 00:26:30.120 --> 00:26:32.280 I get everything that you've taught, 416 00:26:32.280 --> 00:26:34.880 the importance of protecting what you do 417 00:26:34.880 --> 00:26:38.040 and then you can change things, 418 00:26:38.040 --> 00:26:40.880 but then, you know, there's the branding question as well. 419 00:26:40.880 --> 00:26:42.800 So what is your advice, you know, 420 00:26:42.800 --> 00:26:46.080 for people who are solo and starting 421 00:26:46.080 --> 00:26:51.080 and then you just want to run without having to like, 422 00:26:51.840 --> 00:26:56.840 and you're not too precious about your name, 423 00:26:57.800 --> 00:26:58.800 the name of the company. 424 00:26:58.800 --> 00:27:00.640 You can, you're okay with changing that 425 00:27:00.640 --> 00:27:03.440 because you're not that size yet. 426 00:27:03.440 --> 00:27:05.360 Like, do you have any advice on that? 427 00:27:06.480 --> 00:27:07.480 Yeah, I mean, I can tell you, 428 00:27:07.480 --> 00:27:09.560 as somebody who's done this for a long time, 429 00:27:09.560 --> 00:27:13.000 and I'm not biased because I'm in it to help people out. 430 00:27:13.960 --> 00:27:16.280 I don't believe that your name is not important. 431 00:27:16.280 --> 00:27:18.240 I don't believe that in any way, shape or form. 432 00:27:18.240 --> 00:27:20.880 I know that there's people that will come out and say, 433 00:27:21.640 --> 00:27:23.480 oh, just start making your product and start selling it. 434 00:27:23.480 --> 00:27:24.960 Find out which one actually hits 435 00:27:24.960 --> 00:27:27.480 and then you can actually worry about your name. 436 00:27:27.480 --> 00:27:32.400 Well, the problem with that is that you have a business, 437 00:27:32.400 --> 00:27:35.800 right, and so you're investing time and energy, 438 00:27:35.800 --> 00:27:38.800 a lot of money, a lot of money and time 439 00:27:38.800 --> 00:27:40.560 into building a business. 440 00:27:40.560 --> 00:27:41.760 If you have several products 441 00:27:41.760 --> 00:27:43.480 and you're not sure what to call the products, 442 00:27:43.480 --> 00:27:45.120 you can call them by a series number, 443 00:27:45.120 --> 00:27:49.240 like this is the X5 or this is the X7 or this is the X9. 444 00:27:49.240 --> 00:27:52.680 But you can come up with random names for that, right? 445 00:27:52.680 --> 00:27:55.360 And I've represented companies who have done that, 446 00:27:55.360 --> 00:27:58.200 that have just, instead of coming out with a brand new name 447 00:27:58.200 --> 00:28:00.080 for every single product, 448 00:28:00.080 --> 00:28:01.960 they've just used like a series number, 449 00:28:01.960 --> 00:28:04.960 like this is our X1 series, this is our X2, our X3, 450 00:28:04.960 --> 00:28:08.120 our X4, our X5, they made it very simple, right? 451 00:28:08.120 --> 00:28:10.920 And knowing that they can't protect that name. 452 00:28:10.920 --> 00:28:13.000 And that's fine, if somebody wants to do something like that, 453 00:28:13.000 --> 00:28:16.600 but your business, you better protect your business 454 00:28:16.640 --> 00:28:20.320 because you're investing in building something. 455 00:28:20.320 --> 00:28:24.440 How do you build, like I said today on Pedro's event, right? 456 00:28:24.440 --> 00:28:26.560 I was one of the guest speakers on his event 457 00:28:26.560 --> 00:28:28.400 in Movement Makers. 458 00:28:28.400 --> 00:28:29.960 One of the things I said is, 459 00:28:29.960 --> 00:28:33.000 how do you invite somebody to your house 460 00:28:33.000 --> 00:28:34.560 and not give them your address? 461 00:28:35.840 --> 00:28:37.440 Like, how do you do that? 462 00:28:37.440 --> 00:28:39.480 Like, hey, I'm having a party, 463 00:28:39.480 --> 00:28:44.080 everybody here is invited to my house this weekend, 464 00:28:44.080 --> 00:28:45.120 I'm gonna have a party, 465 00:28:45.120 --> 00:28:47.160 we're gonna have lobster, filet mignon, 466 00:28:47.160 --> 00:28:50.000 we're gonna have boat rides, we have wave runners, 467 00:28:50.000 --> 00:28:52.800 we have everything, I'll see all you guys there, okay? 468 00:28:52.800 --> 00:28:53.640 Bye. 469 00:28:54.880 --> 00:28:58.840 Like, you don't know the address, you don't know, 470 00:28:58.840 --> 00:29:02.400 like you have to, if you believe in what you're doing, 471 00:29:02.400 --> 00:29:05.680 you should at least have a name for your company. 472 00:29:05.680 --> 00:29:07.720 And you can't use a descriptive name, 473 00:29:07.720 --> 00:29:10.840 never use a descriptive name because, 474 00:29:10.840 --> 00:29:12.880 let's say I make my company, 475 00:29:12.880 --> 00:29:16.200 let's say what I do as a company is I'm a florist, right? 476 00:29:16.200 --> 00:29:17.800 It's a florist. 477 00:29:17.800 --> 00:29:20.360 And so I call it like the Bright Rose, 478 00:29:20.360 --> 00:29:22.960 something like that, the Bright Rose, okay? 479 00:29:22.960 --> 00:29:25.360 Bad name, but let's say it's the Bright Rose, 480 00:29:25.360 --> 00:29:26.200 that's the name of it, okay? 481 00:29:26.200 --> 00:29:27.440 I quite like it. 482 00:29:27.440 --> 00:29:28.280 Oh, do you? 483 00:29:28.280 --> 00:29:30.800 All right, because I'm thinking like smart people and rose, 484 00:29:30.800 --> 00:29:31.960 okay, good, there you go. 485 00:29:31.960 --> 00:29:33.280 So the Bright Rose, you know? 486 00:29:33.280 --> 00:29:35.080 I was thinking color, bright, yeah. 487 00:29:35.080 --> 00:29:37.880 Bright, yeah, so the Radiant Rose, Radiant Rose, 488 00:29:37.880 --> 00:29:39.640 that might be even better, Radiant Rose. 489 00:29:39.680 --> 00:29:43.440 All right, so if that's considered to be descriptive, 490 00:29:43.440 --> 00:29:48.440 that means anybody can use that name, like anybody. 491 00:29:48.440 --> 00:29:50.200 So what happens? 492 00:29:50.200 --> 00:29:55.200 So now somebody comes up and we're building a client base, 493 00:29:59.000 --> 00:30:00.200 people wanna work with. 494 00:30:00.000 --> 00:30:02.280 Adelaide because she's reputable, 495 00:30:02.280 --> 00:30:03.880 she cares about her people, and when 496 00:30:03.880 --> 00:30:06.280 she says she's going to do something, she does it. 497 00:30:06.280 --> 00:30:10.240 Even to her own detriment, she'll make sure it's done. 498 00:30:10.240 --> 00:30:12.040 Those are important qualities. 499 00:30:12.040 --> 00:30:16.000 And she works at the Radiant Rose or the Bright Rose. 500 00:30:16.000 --> 00:30:19.440 So along comes Stephen. 501 00:30:19.440 --> 00:30:23.280 Stephen says, I'm going to use the Bright Rose. 502 00:30:23.280 --> 00:30:27.880 So now Stephen opens up his place one town over. 503 00:30:27.960 --> 00:30:30.080 Now somebody hears, man, the Bright Rose 504 00:30:30.080 --> 00:30:34.720 is a great place to get a bouquet to send to somebody. 505 00:30:34.720 --> 00:30:38.120 And they'll do it the same day, and their costs are reasonable, 506 00:30:38.120 --> 00:30:40.840 and the quality is really good. 507 00:30:40.840 --> 00:30:42.680 So now they do a quick search, and they see, 508 00:30:42.680 --> 00:30:44.400 oh, there's the Bright Rose. 509 00:30:44.400 --> 00:30:46.600 And they call up Stephen's company. 510 00:30:46.600 --> 00:30:49.200 And Stephen gets all these sales. 511 00:30:49.200 --> 00:30:49.700 Why? 512 00:30:49.700 --> 00:30:51.520 Because he's using your name. 513 00:30:51.520 --> 00:30:53.880 But then separate from that, it's not just about us. 514 00:30:53.880 --> 00:30:55.420 When we're called to build something, 515 00:30:55.420 --> 00:30:56.460 it's not just about us. 516 00:30:56.460 --> 00:30:59.860 It's about the people and their experience. 517 00:30:59.860 --> 00:31:03.580 So all these people that had this great impression of, 518 00:31:03.580 --> 00:31:05.460 oh, there's going to be this amazing bouquet. 519 00:31:05.460 --> 00:31:06.500 It's going to be on time. 520 00:31:06.500 --> 00:31:08.220 It's going to look great. 521 00:31:08.220 --> 00:31:11.900 I'm going to use them for my wedding anniversary 522 00:31:11.900 --> 00:31:13.780 because I totally forgot about it. 523 00:31:13.780 --> 00:31:16.420 And it's like 11 o'clock in the morning. 524 00:31:16.420 --> 00:31:17.900 I need somebody to deliver now. 525 00:31:17.900 --> 00:31:19.680 And it needs to look good. 526 00:31:19.680 --> 00:31:21.860 And I know that the Bright Rose is the place to go. 527 00:31:21.860 --> 00:31:24.340 So they look up, and they see Stephen. 528 00:31:24.340 --> 00:31:26.100 They call up Stephen. 529 00:31:26.100 --> 00:31:28.620 Stephen couldn't care less. 530 00:31:28.620 --> 00:31:32.380 When you call Stephen, it actually goes to 1-800-Flowers. 531 00:31:32.380 --> 00:31:35.620 1-800-Flowers takes the order and ships them out 532 00:31:35.620 --> 00:31:36.820 in a cardboard box. 533 00:31:36.820 --> 00:31:38.780 It's usually late. 534 00:31:38.780 --> 00:31:43.900 Some of their roses are decrepit and just look horrible. 535 00:31:43.900 --> 00:31:47.780 And so this person, this guy who totally forgot, 536 00:31:47.780 --> 00:31:50.380 it's probably his own fault, but this guy 537 00:31:50.380 --> 00:31:54.140 who forgot about his anniversary, 538 00:31:54.140 --> 00:31:58.340 who hired the Radiant Rose or the Bright Rose, 539 00:31:58.340 --> 00:32:01.580 went to Stephen because the name that you chose 540 00:32:01.580 --> 00:32:05.580 is a descriptive name that anybody can use. 541 00:32:05.580 --> 00:32:07.700 So you can't protect a descriptive name. 542 00:32:07.700 --> 00:32:08.820 Is that what you're saying? 543 00:32:08.820 --> 00:32:10.860 You cannot protect a descriptive name. 544 00:32:10.860 --> 00:32:12.580 You cannot protect a descriptive name. 545 00:32:12.580 --> 00:32:15.980 It has to be, you either want a name that is, 546 00:32:15.980 --> 00:32:18.020 there's a few different things you can look at. 547 00:32:18.020 --> 00:32:20.700 Either something that is suggestive, 548 00:32:20.700 --> 00:32:22.380 like suggestive of an experience 549 00:32:22.380 --> 00:32:26.460 that somebody will have through using your service, 550 00:32:26.460 --> 00:32:31.260 or you could have something that just, quite frankly, 551 00:32:31.260 --> 00:32:33.020 it's just not descriptive. 552 00:32:33.020 --> 00:32:36.620 So if Bright Rose is, when you look at the roses, 553 00:32:36.620 --> 00:32:38.820 they're all bright in color, 554 00:32:38.820 --> 00:32:40.660 and you call it the Bright Rose, 555 00:32:41.660 --> 00:32:43.260 somebody else could use that name. 556 00:32:43.260 --> 00:32:46.100 So now Stephen is getting all these calls, 557 00:32:46.140 --> 00:32:49.380 and all these people, their marriages are crashing, 558 00:32:49.380 --> 00:32:51.660 and it's horrible, and they're ending up divorced 559 00:32:51.660 --> 00:32:53.100 because you didn't file a trademark. 560 00:32:53.100 --> 00:32:54.620 Do you feel bad now yet? 561 00:32:54.620 --> 00:32:55.660 I'm just kidding. 562 00:32:55.660 --> 00:32:56.500 A little. 563 00:32:56.500 --> 00:32:59.220 Can you trademark your name? 564 00:32:59.220 --> 00:33:00.300 Like, should you do that? 565 00:33:00.300 --> 00:33:03.380 Like, if you're using that as a business 566 00:33:03.380 --> 00:33:05.700 and that's a name that they trust, I don't know. 567 00:33:05.700 --> 00:33:07.460 You mean like your personal name? 568 00:33:07.460 --> 00:33:08.460 Personal name, yeah. 569 00:33:08.460 --> 00:33:09.980 Yeah, so the way it works is 570 00:33:09.980 --> 00:33:11.580 if you want to own your own personal name, 571 00:33:11.580 --> 00:33:15.220 you need to be famous, but I've seen people file 572 00:33:15.340 --> 00:33:19.540 for like, as an example, Nieves Law Group, right? 573 00:33:19.540 --> 00:33:21.180 Nieves IP. 574 00:33:21.180 --> 00:33:22.340 My name's Peter Nieves. 575 00:33:22.340 --> 00:33:26.780 Now, arguably, and I say this humbly, 576 00:33:26.780 --> 00:33:28.100 I'm pretty well-known, right? 577 00:33:28.100 --> 00:33:31.060 Like, if you type in my name, it's all over the place. 578 00:33:31.060 --> 00:33:33.700 If you just type in Peter Nieves and patent, 579 00:33:33.700 --> 00:33:35.460 it's all over, right? 580 00:33:35.460 --> 00:33:37.580 So I likely qualify 581 00:33:37.580 --> 00:33:39.980 for filing a trademark application for my name, 582 00:33:40.980 --> 00:33:43.940 but most people don't fall into that category 583 00:33:43.940 --> 00:33:45.820 because they're not quote-unquote famous. 584 00:33:45.820 --> 00:33:49.940 Now, you could use that name with something else though. 585 00:33:50.860 --> 00:33:55.860 So let's say you decide to create like, you know, Adelaine. 586 00:33:56.860 --> 00:33:58.220 Let's say you're doing a florist shop 587 00:33:58.220 --> 00:34:02.020 and you're like, Adelaine's Brilliant Rose 588 00:34:02.020 --> 00:34:03.020 or whatever it is, right? 589 00:34:03.020 --> 00:34:05.420 So you have your first name and then other stuff. 590 00:34:05.420 --> 00:34:07.620 That might be trademarkable 591 00:34:07.620 --> 00:34:09.620 because it's part of something else. 592 00:34:09.620 --> 00:34:10.620 It's not a loan. 593 00:34:11.620 --> 00:34:14.940 So there's a possibility, there's a possibility. 594 00:34:14.940 --> 00:34:16.340 The examiner might come back and say, 595 00:34:16.340 --> 00:34:17.500 hold it, is that your name? 596 00:34:17.500 --> 00:34:18.340 And then, oh yeah, 597 00:34:18.340 --> 00:34:20.139 we're not gonna let you register your name. 598 00:34:20.139 --> 00:34:23.340 So you might run into a rejection there, 599 00:34:23.340 --> 00:34:25.420 but as a general rule, 600 00:34:25.420 --> 00:34:27.820 if you're trying to own your own personal name, 601 00:34:27.820 --> 00:34:30.420 you've gotta be at the caliber of being famous 602 00:34:30.420 --> 00:34:32.460 to own your name, right? 603 00:34:32.460 --> 00:34:36.300 Otherwise, and I think part of the reason for that 604 00:34:36.300 --> 00:34:37.420 is what I think. 605 00:34:37.420 --> 00:34:39.860 I mean, I don't have proof of this, 606 00:34:40.060 --> 00:34:42.260 but I believe the reason for that 607 00:34:42.260 --> 00:34:45.420 is because people's names, 608 00:34:47.219 --> 00:34:50.060 they're not typically the only person that has your name. 609 00:34:51.020 --> 00:34:53.580 So if you end up owning your name, 610 00:34:54.699 --> 00:34:56.780 nobody else can own their own name. 611 00:34:57.700 --> 00:34:58.540 Yeah. 612 00:34:58.540 --> 00:34:59.380 You know what I mean? 613 00:34:59.380 --> 00:35:00.220 So now all of a sudden. 614 00:35:00.000 --> 00:35:02.040 and I own Peter. 615 00:35:03.680 --> 00:35:07.240 Any Peter that tries to do anything with the name Peter 616 00:35:07.240 --> 00:35:10.480 in my area of goods and services 617 00:35:10.480 --> 00:35:13.600 would infringe my trademark when their name is Peter. 618 00:35:13.600 --> 00:35:15.400 That doesn't seem fair. 619 00:35:15.400 --> 00:35:17.800 So I believe that's likely the reason why 620 00:35:17.800 --> 00:35:21.000 they won't let us trademark our own names 621 00:35:21.000 --> 00:35:25.120 unless we're famous like Grant Cardone, like Trump. 622 00:35:25.120 --> 00:35:28.440 You know, Trump, he owns his name in business. 623 00:35:28.440 --> 00:35:31.480 Like I have Trump ties, his ties are amazing. 624 00:35:31.480 --> 00:35:33.840 Like they look, they're high quality, 625 00:35:33.840 --> 00:35:35.880 like the colors are amazing. 626 00:35:35.880 --> 00:35:39.800 You know, I think he wears his tie way too long personally, 627 00:35:39.800 --> 00:35:41.280 but that's a whole other story. 628 00:35:41.280 --> 00:35:44.160 I'm just saying, it looks like he could strangle somebody 629 00:35:44.160 --> 00:35:46.580 across the street with how long his ties are, 630 00:35:46.580 --> 00:35:48.040 but that's his own style. 631 00:35:48.040 --> 00:35:49.760 I can't say anything about that. 632 00:35:49.760 --> 00:35:51.560 He's doing way better than I am financially. 633 00:35:51.560 --> 00:35:55.360 So, but all of that, basically to say, 634 00:35:55.360 --> 00:35:56.600 you know, on the Australian side, 635 00:35:56.600 --> 00:35:58.640 if you need somebody to refer you, 636 00:35:58.640 --> 00:36:00.680 if you're trying to protect your name, 637 00:36:00.680 --> 00:36:03.340 if you try to do that with something else in it, 638 00:36:03.340 --> 00:36:05.440 you might be able to get the registration. 639 00:36:07.080 --> 00:36:09.160 Don't go after something that's descriptive. 640 00:36:09.160 --> 00:36:10.560 It's not gonna get registered. 641 00:36:10.560 --> 00:36:11.760 It's gonna get rejected. 642 00:36:11.760 --> 00:36:15.280 And it'd be a waste of money, quite frankly. 643 00:36:15.280 --> 00:36:17.760 This is why, like when we do this, 644 00:36:17.760 --> 00:36:19.600 when we do this audit thing, 645 00:36:19.600 --> 00:36:21.520 one of the things that I find a lot of people doing 646 00:36:21.520 --> 00:36:24.440 is they ask to do a trademark search live. 647 00:36:24.440 --> 00:36:26.800 That's one of the things that people do a lot. 648 00:36:26.800 --> 00:36:29.840 In fact, Ray and I did one where somebody did something 649 00:36:29.840 --> 00:36:32.520 like 12 different trademark searches. 650 00:36:32.520 --> 00:36:33.640 And I even told him, I said, 651 00:36:33.640 --> 00:36:35.680 you know, we can do other things while we're here. 652 00:36:35.680 --> 00:36:38.320 He's like, no, I want every single search done right. 653 00:36:38.320 --> 00:36:40.120 So, and I was like, all right. 654 00:36:40.120 --> 00:36:45.120 And so we did like literally 12 straight trademark searches. 655 00:36:45.440 --> 00:36:47.000 And we're like, nope, that doesn't work. 656 00:36:47.000 --> 00:36:47.840 Do this one. 657 00:36:47.840 --> 00:36:49.400 Nope, this is definitely, this one. 658 00:36:49.400 --> 00:36:50.280 Nope. 659 00:36:50.280 --> 00:36:51.640 And then there was one that was good. 660 00:36:51.640 --> 00:36:53.440 And we went into the Wayback Machine 661 00:36:53.440 --> 00:36:55.480 and we went into Google and all this other stuff. 662 00:36:55.480 --> 00:36:58.000 And we're like, nope, there's this company there. 663 00:36:58.000 --> 00:37:00.920 So, you know, you can use it any way you want. 664 00:37:00.920 --> 00:37:02.240 You know, these things, it's yours. 665 00:37:02.240 --> 00:37:03.680 You can do whatever you want. 666 00:37:03.680 --> 00:37:08.000 But I would stay away from descriptive. 667 00:37:08.000 --> 00:37:10.320 I would try not to use your own name 668 00:37:10.320 --> 00:37:11.920 because you won't be able to own it 669 00:37:11.920 --> 00:37:14.120 unless there's something unique after it. 670 00:37:14.120 --> 00:37:16.760 And if you can do something suggestive 671 00:37:16.760 --> 00:37:21.240 of what the person's experience is in using your service, 672 00:37:21.240 --> 00:37:24.000 those are usually the absolute best trademarks 673 00:37:24.960 --> 00:37:28.120 because they're called suggestive trademarks. 674 00:37:28.120 --> 00:37:30.800 So when somebody sees your trademark, 675 00:37:30.800 --> 00:37:35.040 they have an expectation of an experience, right? 676 00:37:35.040 --> 00:37:37.960 So let's say the road, the floor shop, 677 00:37:39.760 --> 00:37:42.000 you know, instead you call it something like, 678 00:37:44.840 --> 00:37:48.880 oh gosh, I don't know. 679 00:37:51.800 --> 00:37:55.640 Captivated smile or something just to be suggestive 680 00:37:55.640 --> 00:37:59.200 of what you experience in ordering from their place. 681 00:37:59.200 --> 00:38:01.120 You know, that's suggestive. 682 00:38:01.120 --> 00:38:04.120 Those are the most powerful trademarks in the world. 683 00:38:04.120 --> 00:38:06.240 The ones that suggest like Nike. 684 00:38:07.680 --> 00:38:10.280 Why do you think they came up with the name for Nike 685 00:38:10.280 --> 00:38:11.160 for sneakers? 686 00:38:14.720 --> 00:38:16.200 Easy to remember. 687 00:38:19.200 --> 00:38:20.120 I don't know. 688 00:38:20.520 --> 00:38:25.520 Nike is actually a, it's either a Greek or a Roman God. 689 00:38:25.560 --> 00:38:26.640 It's a messenger. 690 00:38:27.680 --> 00:38:30.960 He's extremely fast, extremely fast. 691 00:38:32.480 --> 00:38:34.000 And so it's not a coincidence 692 00:38:34.000 --> 00:38:37.920 that they use the name Nike as a sneaker line 693 00:38:37.920 --> 00:38:41.880 to be suggestive of this Greek God or Roman God 694 00:38:43.040 --> 00:38:44.000 who's a messenger, 695 00:38:45.000 --> 00:38:46.680 who is able to get to a first, 696 00:38:46.680 --> 00:38:48.680 from a first location to a second location 697 00:38:48.680 --> 00:38:51.600 so fast that no human can actually 698 00:38:51.600 --> 00:38:53.000 be able to keep up with him. 699 00:38:54.200 --> 00:38:55.520 It's a suggestive mark. 700 00:38:56.760 --> 00:38:58.720 So you, when you create your trademarks, 701 00:38:58.720 --> 00:39:01.680 it's nice to come up with something suggestive 702 00:39:01.680 --> 00:39:03.920 of the experience that they're going to have 703 00:39:03.920 --> 00:39:05.960 or something for them to reference. 704 00:39:07.960 --> 00:39:09.040 Make sense? 705 00:39:09.040 --> 00:39:10.600 Yeah, no, fantastic ideas. 706 00:39:10.600 --> 00:39:11.440 Thank you. 707 00:39:11.440 --> 00:39:12.280 Yeah, you're welcome. 708 00:39:12.280 --> 00:39:14.160 I'll raise my hand and get in the back of the queue. 709 00:39:14.160 --> 00:39:15.000 Yeah. 710 00:39:15.000 --> 00:39:15.840 Yeah, sure. 711 00:39:15.840 --> 00:39:16.680 Let me go to Nadine. 712 00:39:17.120 --> 00:39:18.520 How are you? 713 00:39:21.520 --> 00:39:23.080 I'm good, thank you. 714 00:39:23.080 --> 00:39:24.520 Sure, good, good. 715 00:39:24.520 --> 00:39:25.520 What's your question? 716 00:39:25.520 --> 00:39:30.520 My question, one is, you know, 717 00:39:30.560 --> 00:39:33.000 a feedback off of Adeline's question. 718 00:39:33.000 --> 00:39:34.640 And then the first one was, 719 00:39:34.640 --> 00:39:37.320 can you speak a little bit more about things 720 00:39:37.320 --> 00:39:40.440 shared on the website and around implications 721 00:39:40.440 --> 00:39:44.040 regarding going back to create like a copyright 722 00:39:44.040 --> 00:39:49.040 or trademark, going back to copyright or trademark items. 723 00:39:50.200 --> 00:39:55.200 And also along the lines of what Adeline was asking, 724 00:39:57.840 --> 00:40:00.080 what about the name of a company? 725 00:40:00.000 --> 00:40:05.000 that the tagline is the meaning of the name. 726 00:40:07.480 --> 00:40:09.280 All right, so let's start out with your first question 727 00:40:09.280 --> 00:40:10.640 because I didn't quite understand it. 728 00:40:10.640 --> 00:40:12.440 Rephrase your first question. 729 00:40:12.440 --> 00:40:13.360 Okay. 730 00:40:13.360 --> 00:40:16.280 I was asking you if you could speak a little bit more 731 00:40:16.280 --> 00:40:20.320 about, earlier in the session, 732 00:40:20.320 --> 00:40:22.240 you were speaking about being careful 733 00:40:22.240 --> 00:40:23.800 what you share on websites 734 00:40:23.800 --> 00:40:28.400 and things that you write and so forth 735 00:40:28.400 --> 00:40:31.840 that's on your websites or on Facebook 736 00:40:31.840 --> 00:40:35.160 or other social media platforms. 737 00:40:35.160 --> 00:40:36.280 Yes. 738 00:40:36.280 --> 00:40:38.880 So being careful about what you put on your website. 739 00:40:38.880 --> 00:40:40.440 You want me to speak more towards that? 740 00:40:40.440 --> 00:40:44.320 Right, and so, yes, speak more towards that. 741 00:40:44.320 --> 00:40:47.320 And what I want to know is what's the ramifications? 742 00:40:47.320 --> 00:40:49.120 If you know there are things that you've placed 743 00:40:49.120 --> 00:40:51.880 on your website in regards to what you're doing, 744 00:40:51.880 --> 00:40:53.880 like you've spelled out certain things, 745 00:40:54.880 --> 00:40:59.880 what's the ramifications in terms of going back 746 00:41:00.240 --> 00:41:05.240 to protect that stuff using copyrights or trademarks? 747 00:41:07.600 --> 00:41:09.680 Okay, all right, well, let's start at the beginning. 748 00:41:09.680 --> 00:41:14.080 So for patent purposes, 749 00:41:14.080 --> 00:41:16.360 you don't want to disclose your invention on your website 750 00:41:16.360 --> 00:41:17.800 because that's a public disclosure. 751 00:41:17.800 --> 00:41:19.120 So you don't want to do that. 752 00:41:19.120 --> 00:41:20.640 That's very clear. 753 00:41:20.640 --> 00:41:22.000 Just if you have a new invention, 754 00:41:22.120 --> 00:41:24.120 do not disclose it on your website 755 00:41:24.120 --> 00:41:25.240 unless you file something. 756 00:41:25.240 --> 00:41:28.360 If you want to obtain legal rights under patent law. 757 00:41:28.360 --> 00:41:30.040 Otherwise, it's considered a publication. 758 00:41:30.040 --> 00:41:31.520 It's readily available to the public. 759 00:41:31.520 --> 00:41:32.480 It's described in it. 760 00:41:32.480 --> 00:41:35.240 So somebody of ordinary skill in the art can practice it. 761 00:41:35.240 --> 00:41:37.280 Somebody looks at the picture, they can create it. 762 00:41:37.280 --> 00:41:40.680 Whatever it is, you don't want to do that. 763 00:41:40.680 --> 00:41:42.200 That's a big no-no. 764 00:41:43.320 --> 00:41:44.640 Now, what about trademarks? 765 00:41:44.640 --> 00:41:47.560 Can you disclose your trademark on your website? 766 00:41:47.560 --> 00:41:49.400 Yeah, if you put your trademark up 767 00:41:49.400 --> 00:41:50.680 and you put a TM next to it, 768 00:41:50.680 --> 00:41:51.600 you're telling the public 769 00:41:51.600 --> 00:41:53.880 that you believe you have certain legal rights 770 00:41:53.880 --> 00:41:55.280 to your trademark. 771 00:41:55.280 --> 00:41:57.160 Should you file a trademark application 772 00:41:57.160 --> 00:41:59.960 before you actually show the world your trademark? 773 00:42:01.560 --> 00:42:04.760 Yes, it's not always the practical way to do things. 774 00:42:04.760 --> 00:42:07.040 Like sometimes people will do things 775 00:42:07.040 --> 00:42:09.360 before they actually file a trademark application. 776 00:42:09.360 --> 00:42:12.480 But if you have the ability to file 777 00:42:12.480 --> 00:42:14.560 at least an intent to use trademark application, 778 00:42:14.560 --> 00:42:17.000 then I would at least file an intent to use 779 00:42:17.000 --> 00:42:19.320 if you know you're going to use that name. 780 00:42:19.320 --> 00:42:22.320 If you don't know you're going to use the name long-term, 781 00:42:22.320 --> 00:42:24.520 then I would not file a trademark application on it. 782 00:42:24.520 --> 00:42:26.240 I think it's a waste of money. 783 00:42:26.240 --> 00:42:29.200 Like if you've got three potential names 784 00:42:29.200 --> 00:42:30.040 and you're like, 785 00:42:30.040 --> 00:42:31.840 I don't know that I care about any of these names. 786 00:42:31.840 --> 00:42:33.920 If somebody steals them, I don't care. 787 00:42:33.920 --> 00:42:35.920 Then don't file a trademark 788 00:42:35.920 --> 00:42:38.080 because that's a waste of time and money. 789 00:42:38.080 --> 00:42:40.160 Like why would you file to own something 790 00:42:40.160 --> 00:42:41.960 that you don't care about owning, right? 791 00:42:41.960 --> 00:42:44.520 You don't buy a car that you're not going to use. 792 00:42:45.440 --> 00:42:48.520 Unless you're a father and you're trying to get them cars 793 00:42:48.520 --> 00:42:50.480 and they're your daughters and they're crying 794 00:42:50.480 --> 00:42:52.200 because they're about to go to college. 795 00:42:52.200 --> 00:42:53.880 Sorry, I just had an emotional moment. 796 00:42:53.880 --> 00:42:54.880 I'm okay now. 797 00:42:54.880 --> 00:42:55.720 All right. 798 00:42:55.720 --> 00:42:57.080 So with that being the case, 799 00:42:58.400 --> 00:42:59.760 that was a therapy session for me. 800 00:42:59.760 --> 00:43:00.600 I'm better now. 801 00:43:00.600 --> 00:43:01.440 I'm better. 802 00:43:01.440 --> 00:43:02.360 I will be better. 803 00:43:02.360 --> 00:43:04.320 So what you want to be able to do 804 00:43:04.320 --> 00:43:06.360 is make sure that if you have a trademark 805 00:43:06.360 --> 00:43:07.840 that you're interested in, 806 00:43:07.840 --> 00:43:10.240 by all means file at least an intent 807 00:43:10.240 --> 00:43:12.240 to use trademark application. 808 00:43:12.240 --> 00:43:13.800 Now you can put it on your website. 809 00:43:13.800 --> 00:43:14.720 You could do whatever. 810 00:43:14.720 --> 00:43:16.720 Why do you not want to put it on your website 811 00:43:16.720 --> 00:43:17.840 if you haven't filed anything? 812 00:43:17.880 --> 00:43:19.840 Because somebody might see it, 813 00:43:19.840 --> 00:43:21.560 see that nobody's filed for it 814 00:43:21.560 --> 00:43:23.160 and then file for it themselves. 815 00:43:23.160 --> 00:43:24.480 And you can't stop them 816 00:43:24.480 --> 00:43:26.800 because the United States Patent and Trademark Office 817 00:43:26.800 --> 00:43:29.480 is a first to what system? 818 00:43:29.480 --> 00:43:32.280 First to file system. 819 00:43:32.280 --> 00:43:33.400 Exactly. 820 00:43:33.400 --> 00:43:36.320 So that's why you don't want to just disclose 821 00:43:36.320 --> 00:43:38.000 your trademark to the world 822 00:43:38.000 --> 00:43:40.720 because somebody else see it, grab it, 823 00:43:40.720 --> 00:43:42.120 nothing you can do about it. 824 00:43:42.120 --> 00:43:44.600 Now on the copyright side, 825 00:43:44.600 --> 00:43:45.960 your website's created. 826 00:43:45.960 --> 00:43:48.280 Just put your copyright notice on the bottom. 827 00:43:48.280 --> 00:43:49.600 The beauty about copyright 828 00:43:49.600 --> 00:43:52.640 is that you have certain legal rights automatically. 829 00:43:54.920 --> 00:43:57.080 If you want to enforce your legal rights, 830 00:43:57.080 --> 00:44:02.000 then you have to file a copyright application for it. 831 00:44:02.000 --> 00:44:04.720 Like you can't enforce your copyrights 832 00:44:04.720 --> 00:44:06.320 against the third party 833 00:44:06.320 --> 00:44:08.720 without having a federal registration. 834 00:44:08.720 --> 00:44:10.560 Like you can't do that. 835 00:44:10.560 --> 00:44:11.760 It's a requirement. 836 00:44:11.760 --> 00:44:12.800 You have to file something. 837 00:44:12.800 --> 00:44:14.280 You have to spend that 65 bucks. 838 00:44:14.280 --> 00:44:15.640 So if somebody starts, 839 00:44:16.320 --> 00:44:17.160 you have a website, 840 00:44:17.160 --> 00:44:18.000 you have your copyright notice on it. 841 00:44:18.000 --> 00:44:19.480 Somebody starts infringing it. 842 00:44:19.480 --> 00:44:21.120 Then you file for your registration. 843 00:44:21.120 --> 00:44:22.160 You get your registration. 844 00:44:22.160 --> 00:44:24.120 You send your cease and desist letter 845 00:44:24.120 --> 00:44:25.360 over to the other party 846 00:44:25.360 --> 00:44:27.400 or you send your notice over to the other party 847 00:44:27.400 --> 00:44:30.200 using an attorney, please. 848 00:44:30.200 --> 00:44:31.440 I'll explain to you in a minute 849 00:44:31.440 --> 00:44:32.640 why you want to use an attorney 850 00:44:32.640 --> 00:44:34.360 with a cease and desist letter, 851 00:44:34.360 --> 00:44:37.280 but just talk to an attorney before you. 852 00:44:37.280 --> 00:44:39.040 All right, so let me do this now. 853 00:44:39.040 --> 00:44:41.440 If somebody is ever doing something 854 00:44:41.440 --> 00:44:43.600 where they're using your IP, 855 00:44:43.600 --> 00:44:46.040 your patents, your trademarks, your copyrights, 856 00:44:46.040 --> 00:44:48.880 please, please, please, please, please 857 00:44:48.880 --> 00:44:51.400 do not send them a letter saying, 858 00:44:51.400 --> 00:44:53.760 I am going to sue you 859 00:44:53.760 --> 00:44:57.480 unless you remove this material from your site. 860 00:44:58.640 --> 00:45:00.240 The reason why is because they. 861 00:45:00.000 --> 00:45:05.040 can now file what's called a declaratory judgment against you and force you to go to court 862 00:45:06.960 --> 00:45:12.160 because they believe that there is an imminent threat of their being pulled into court. 863 00:45:13.360 --> 00:45:17.840 So now you are you as opposed to being the plaintiff in the case you just became the 864 00:45:17.840 --> 00:45:26.000 defendant in the case. So do not do not because I can't tell you how many times I've seen over 865 00:45:26.000 --> 00:45:32.400 my career people come to me because they got pulled into litigation because they were like 866 00:45:32.400 --> 00:45:38.000 overly eager. And a really good example of this is one of my clients who actually was in New 867 00:45:38.000 --> 00:45:44.480 Hampshire received a cease and desist letter from a Taiwanese corporation saying hey you're infringing 868 00:45:44.480 --> 00:45:50.800 three you're infringing one of our patents we want you to stop immediately there's a cease and 869 00:45:50.800 --> 00:45:56.960 desist you know make sure you stop immediately and we want damages. I called up my client and 870 00:45:56.960 --> 00:46:03.040 said hey isn't this the party that you were really upset with and that you really just wanted to find 871 00:46:03.040 --> 00:46:08.320 some way to go to court with and he said yeah I hate those guys they're knocking off all of my 872 00:46:08.320 --> 00:46:15.200 products. I said really I said let's look at our patent portfolio they were infringing three of 873 00:46:15.200 --> 00:46:22.560 our patents and they claim that we are infringing one of theirs. So I said to my client hey how do 874 00:46:22.560 --> 00:46:27.920 you feel about getting the the owner of a Taiwanese corporation to come to New Hampshire in the middle 875 00:46:27.920 --> 00:46:34.400 of February during a snowstorm. He says that's amazing I love that idea. I said let's file a 876 00:46:34.400 --> 00:46:39.440 lawsuit we'll file a declaratory judgment action against the Taiwanese corporation and against the 877 00:46:39.440 --> 00:46:44.080 president of the corporation who's been knocking off your products every single year and we did. 878 00:46:45.200 --> 00:46:51.040 And we succeeded in pulling them into New Hampshire because they sent a vicious cease and 879 00:46:51.040 --> 00:46:58.640 desist letter and the argument I used was that there is the imminent threat of litigation and 880 00:46:58.640 --> 00:47:05.040 it's unwarranted and so we want to be in litigation in our jurisdiction not their choice we want our 881 00:47:05.040 --> 00:47:10.400 own jurisdiction and we won we ended up being the plaintiffs they were the defendants and we ended 882 00:47:10.400 --> 00:47:15.680 up winning. So don't send nasty cease and desist letters to other people and threaten to sue them. 883 00:47:16.400 --> 00:47:22.560 Talk to a lawyer. It can be a very emotional process but in any case talk to a lawyer. So 884 00:47:22.560 --> 00:47:27.280 for putting things on your website copyrights you can put your materials there just put your 885 00:47:27.280 --> 00:47:30.880 copyright notice on it your trademarks if it's truly important to the company 886 00:47:30.880 --> 00:47:36.240 file something for it. File at least an intent to use application because you might lose it. 887 00:47:37.120 --> 00:47:41.520 And if you don't at least do that at least use the TM next to the trademark so people know that 888 00:47:41.520 --> 00:47:48.080 you believe it's yours under common law. On the patent side don't put anything associated with 889 00:47:48.080 --> 00:47:54.480 your inventions on a website until such time as you've filed at least a provisional patent application 890 00:47:54.480 --> 00:48:00.240 or you could run into a situation where it's considered a publication in which case foreign 891 00:48:00.240 --> 00:48:03.920 countries you couldn't get any rights and in the United States you have one year from that date to 892 00:48:04.000 --> 00:48:10.240 file patent application. That's what websites can do for you. That's why I'm actually contemplating 893 00:48:10.240 --> 00:48:19.920 doing a master class just on what I call the legally sound funnel. So if you create a funnel 894 00:48:19.920 --> 00:48:24.240 there are things you can do and things you can't do and I'll kind of break it all down so 895 00:48:24.240 --> 00:48:32.720 Ray's laughing. Did you see me brace myself? Surprise! We got another one. Peter does this thing 896 00:48:32.800 --> 00:48:38.960 where like on the spotlight he'll just magically create a new innovation and it's like 897 00:48:39.680 --> 00:48:46.400 what am I making next? We've already covered this one. Just a little bit 898 00:48:46.400 --> 00:48:57.520 in regards to the website. What if or what is that called? 899 00:48:57.520 --> 00:49:08.000 Cloud. So what if someone within who was a part of your team and is not is going in 900 00:49:08.000 --> 00:49:13.440 you know they're going in and taking materials that you didn't sign like an 901 00:49:13.440 --> 00:49:19.840 NDA or NCA with them and they're going in and copying stuff. 902 00:49:19.840 --> 00:49:31.520 Nadine, we need to talk. You got some bad stuff going on. 903 00:49:33.280 --> 00:49:40.560 That's not good. She joined us. That's not good. Don't worry. We'll talk 904 00:49:40.560 --> 00:49:45.920 about all that stuff. That's not good. Not good at all. Let me go over to Vicky. 905 00:49:45.920 --> 00:49:53.440 I'm going to take two more and then we're going to close. Vicky Bay. How are you? I'm good. 906 00:49:53.440 --> 00:49:59.760 I put this in the web in the... What's your question? Facebook. 907 00:50:00.000 --> 00:50:01.500 but here it is anyway. 908 00:50:02.420 --> 00:50:04.640 So I've been using my trademark 909 00:50:04.640 --> 00:50:08.680 since late nineties, early 2000s, right? 910 00:50:08.680 --> 00:50:10.640 And I've been doing, I've been working under it. 911 00:50:10.640 --> 00:50:12.040 I've got invoices under it. 912 00:50:12.040 --> 00:50:15.080 I've got, I've got copies of dated invoice. 913 00:50:15.080 --> 00:50:19.000 It's always been on my, every website I've ever made 914 00:50:19.000 --> 00:50:21.120 but I never filed anything. 915 00:50:21.120 --> 00:50:24.120 So I know that because it's time thing, 916 00:50:24.120 --> 00:50:29.120 I could still file it and say, I used it, I used it first. 917 00:50:30.080 --> 00:50:32.240 But it's, it's a logo too. 918 00:50:33.640 --> 00:50:35.440 I don't know what it would, 919 00:50:35.440 --> 00:50:37.520 but since the logo is only $65, 920 00:50:37.520 --> 00:50:40.900 I should probably go ahead and copyright the logo. 921 00:50:43.120 --> 00:50:48.120 But the logo isn't on a time first, first use thing. 922 00:50:50.520 --> 00:50:51.900 Am I, am I correct? 923 00:50:54.800 --> 00:50:57.880 Let me, let me, I'm gonna rephrase just so everybody knows. 924 00:50:57.880 --> 00:51:00.740 I know Vicky personally, I love her, great person. 925 00:51:00.740 --> 00:51:01.880 So I can do this. 926 00:51:01.880 --> 00:51:03.880 So let me rephrase Vicky's question. 927 00:51:05.120 --> 00:51:09.720 If you own a car and you're driving to McDonald's 928 00:51:09.720 --> 00:51:12.160 but while you're in the submarine, 929 00:51:12.160 --> 00:51:14.600 an astronaut lands on your car 930 00:51:14.600 --> 00:51:17.400 and you're changing your tire while fishing, 931 00:51:17.400 --> 00:51:21.300 is it true that you have to pay the taxes? 932 00:51:21.300 --> 00:51:22.840 That's essentially what you just asked. 933 00:51:22.840 --> 00:51:25.840 Okay, I just want to make sure, just so everybody understands 934 00:51:27.920 --> 00:51:29.000 I love Vicky. 935 00:51:29.000 --> 00:51:32.280 So Vicky, actually Vicky's question is very deep. 936 00:51:32.280 --> 00:51:34.280 So I'm gonna break it into a lot of different pieces. 937 00:51:34.280 --> 00:51:37.720 So, cause there's multiple pieces of what she's saying. 938 00:51:37.720 --> 00:51:39.600 All right, so first of all, 939 00:51:39.600 --> 00:51:40.720 I'm gonna ask you a few questions. 940 00:51:40.720 --> 00:51:43.240 So there was, you said a trademark, 941 00:51:43.240 --> 00:51:44.840 is the trademark a logo only 942 00:51:44.840 --> 00:51:47.260 or is there a word associated with it as well? 943 00:51:49.400 --> 00:51:52.120 Is it only design or are there words in design? 944 00:51:52.120 --> 00:51:57.120 I'm going, originally, originally it was the same design 945 00:51:58.200 --> 00:52:01.800 and I had the name as part of it. 946 00:52:01.800 --> 00:52:03.200 Okay, got it. 947 00:52:03.200 --> 00:52:06.440 But it had morphed into design only. 948 00:52:08.740 --> 00:52:11.640 With the words in the design or without words? 949 00:52:11.640 --> 00:52:12.820 Without words. 950 00:52:12.820 --> 00:52:16.000 So for like letterheads, I wouldn't use the, 951 00:52:16.000 --> 00:52:17.240 I wouldn't use the words. 952 00:52:17.240 --> 00:52:18.400 I would only use the- 953 00:52:18.400 --> 00:52:21.280 So do you only, and this is not legal advice, 954 00:52:21.280 --> 00:52:26.280 but do you only want to use the logo 955 00:52:27.240 --> 00:52:29.000 or are you concerned about the words 956 00:52:29.000 --> 00:52:30.360 and the logo at this point? 957 00:52:32.600 --> 00:52:36.000 I'm mostly concerned with the logo. 958 00:52:36.000 --> 00:52:38.760 Okay, so let's talk about logos in general. 959 00:52:38.760 --> 00:52:43.200 So let's say I've been using a logo for like five, 10 years 960 00:52:43.200 --> 00:52:46.600 and I'm thinking around, I'm using my TM, 961 00:52:46.600 --> 00:52:48.520 I don't have a federal registration. 962 00:52:49.800 --> 00:52:53.120 So now I'm gonna ask a few questions. 963 00:52:53.120 --> 00:52:54.560 Number one, can I file later? 964 00:52:54.560 --> 00:52:55.380 Yes. 965 00:52:55.500 --> 00:52:58.100 Number two, if somebody files before me, 966 00:52:58.100 --> 00:52:59.140 can I get in trouble? 967 00:52:59.140 --> 00:53:02.540 If somebody files before I file, 968 00:53:02.540 --> 00:53:04.100 then they get all the United States 969 00:53:04.100 --> 00:53:05.580 except the geographical regions 970 00:53:05.580 --> 00:53:09.180 in which I've already been using that logo 971 00:53:09.180 --> 00:53:10.540 in interstate commerce. 972 00:53:10.540 --> 00:53:13.540 But I can't expand anywhere further. 973 00:53:13.540 --> 00:53:16.620 Like I'm stuck where I was, I can't go any further. 974 00:53:16.620 --> 00:53:17.980 Okay, that's what happens. 975 00:53:17.980 --> 00:53:21.660 Nobody has, as far as I could find. 976 00:53:21.660 --> 00:53:23.740 Yeah, yeah, which is good, which is good. 977 00:53:23.740 --> 00:53:28.060 So you can always file like in the patent world, 978 00:53:28.060 --> 00:53:29.460 you have one year. 979 00:53:29.460 --> 00:53:32.380 In the trademark world, there's no statutory bar. 980 00:53:32.380 --> 00:53:36.940 You can file 20 years later, 30 years, 50 years later, 981 00:53:36.940 --> 00:53:38.200 if you so choose. 982 00:53:38.200 --> 00:53:39.360 You can file whenever you want. 983 00:53:39.360 --> 00:53:41.820 There is no statutory bar to filing, 984 00:53:41.820 --> 00:53:44.180 but it is a first to file system. 985 00:53:44.180 --> 00:53:48.580 So if at some point somebody else does file before I do, 986 00:53:48.580 --> 00:53:50.620 then they will own all the United States 987 00:53:50.620 --> 00:53:52.060 except the geographical regions 988 00:53:52.100 --> 00:53:55.340 in which I have used that trademark 989 00:53:55.340 --> 00:53:56.740 in interstate commerce, okay? 990 00:53:56.740 --> 00:53:59.660 And geographical regions does not mean the state. 991 00:53:59.660 --> 00:54:01.980 It means like a city or a town. 992 00:54:01.980 --> 00:54:03.900 Okay, it's a small region, right? 993 00:54:03.900 --> 00:54:05.060 So that's the first part. 994 00:54:05.060 --> 00:54:08.500 So for all intents and purposes, 995 00:54:08.500 --> 00:54:10.900 you can file now if you want, it's up to you. 996 00:54:10.900 --> 00:54:13.820 Or you can not file now if you want, it's up to you, okay? 997 00:54:15.100 --> 00:54:17.180 But just understand if somebody files before you, 998 00:54:17.180 --> 00:54:19.140 then you would have restriction. 999 00:54:19.140 --> 00:54:20.700 All right, so that's the first part. 1000 00:54:20.700 --> 00:54:23.100 So now what's the second part of your question? 1001 00:54:24.420 --> 00:54:25.820 I can't remember. 1002 00:54:25.820 --> 00:54:27.060 That's okay. 1003 00:54:27.060 --> 00:54:28.940 I was having trouble figuring it out myself. 1004 00:54:28.940 --> 00:54:30.980 The other part of it was the price, 1005 00:54:30.980 --> 00:54:35.980 the $65 of copyrights versus 250 to 350 for trademarks, 1006 00:54:36.060 --> 00:54:37.260 because you were talking logos. 1007 00:54:37.260 --> 00:54:40.340 And he said, yes, you can do copyrights on logos too. 1008 00:54:40.340 --> 00:54:45.340 Okay, so let's say that whoever created the design for you 1009 00:54:47.660 --> 00:54:49.820 would have to assign all rights, title and interests. 1010 00:54:49.860 --> 00:54:51.420 Oh, you created it yourself? 1011 00:54:51.420 --> 00:54:52.740 All right, so if you created it yourself, 1012 00:54:52.740 --> 00:54:54.980 you could file the copyright anytime you want. 1013 00:54:54.980 --> 00:54:55.940 Okay. 1014 00:54:55.940 --> 00:54:58.700 There's no stat story bar to filing. 1015 00:54:58.700 --> 00:55:00.700 The only place where there are stat... 1016 00:55:00.000 --> 00:55:03.060 Statutory bars is a patent world. There is no statutory bar for 1017 00:55:03.060 --> 00:55:07.120 trademarks, no statutory bar for copyrights. Okay, just realize 1018 00:55:07.120 --> 00:55:09.920 that if you're going after damages on their copyrights, 1019 00:55:10.320 --> 00:55:14.160 you're not going to get damages for things that happened prior 1020 00:55:14.160 --> 00:55:17.520 to your federal registration. So if you if somebody has been 1021 00:55:17.520 --> 00:55:19.640 infringing for three years, and you're waiting and you're 1022 00:55:19.640 --> 00:55:22.720 waiting and you're waiting and you're like, more ha ha ha, like 1023 00:55:22.720 --> 00:55:26.400 I'm gonna let them infringe so I can make more damages. It 1024 00:55:26.400 --> 00:55:30.680 doesn't work like that. Okay, at some point, look at Ray 1025 00:55:30.680 --> 00:55:36.280 Kraken. At some point, just realize if you don't file, 1026 00:55:36.320 --> 00:55:39.320 you're not going to have legal rights. So you've got to file 1027 00:55:39.320 --> 00:55:43.000 something. Okay, there's also this other thing I will I'll let 1028 00:55:43.000 --> 00:55:45.640 you guys know about and then I'll take one more question from 1029 00:55:45.640 --> 00:55:49.640 Adelaine and then I'm going to close. There's also one more 1030 00:55:49.640 --> 00:55:54.920 thing to keep in mind. If you sit on your legal sword, 1031 00:55:57.120 --> 00:56:02.520 uh, I, the right term is legal rights, but I was gonna say 1032 00:56:02.520 --> 00:56:05.600 something else. But anyways, if you sit on your legal rights, 1033 00:56:06.560 --> 00:56:12.560 right, for like five to seven years, that's called latches. 1034 00:56:13.080 --> 00:56:17.800 What latches is, I was gonna say illegal laurels. Yes, thank you, 1035 00:56:17.800 --> 00:56:25.080 Jennifer. That's exactly what I was gonna say. Um, yeah, so you 1036 00:56:25.200 --> 00:56:30.880 want to get if you sit on your legal laurels, for a for five 1037 00:56:30.880 --> 00:56:34.280 to seven years, you will not be able to enforce your rights 1038 00:56:34.280 --> 00:56:38.640 because it's called latches. And the government says if you've 1039 00:56:38.640 --> 00:56:41.000 known that there's infringement, if you know nothing about it for 1040 00:56:41.000 --> 00:56:43.760 that long of a period of time, they're not going to allow you 1041 00:56:43.760 --> 00:56:46.840 to do anything. Okay. All right. And with that, I'm going to go 1042 00:56:46.840 --> 00:56:50.320 to Adelaine Woodfast. You're welcome. And Adelaine, there's 1043 00:56:50.320 --> 00:56:53.120 got to be a quick one because we've done we've done a lot of 1044 00:56:53.120 --> 00:56:55.760 questions with you. So you really need to get into the 1045 00:56:56.280 --> 00:56:58.000 into the package. But 1046 00:56:59.280 --> 00:57:02.520 final question, you've talked a lot about guarding your ideas, 1047 00:57:02.520 --> 00:57:05.960 not sharing it. So if you do have an idea and want to see 1048 00:57:05.960 --> 00:57:08.720 what other people think, is there a safe way to share it 1049 00:57:08.720 --> 00:57:11.680 with individuals whose opinions you respect, and perhaps 1050 00:57:11.680 --> 00:57:15.080 potential customers to see if you have a market for it? 1051 00:57:16.240 --> 00:57:20.600 Gosh, that's a big question. That's very big. The reason why 1052 00:57:20.600 --> 00:57:24.600 it's big is different customers, you're going to do 1053 00:57:24.600 --> 00:57:26.760 it in different forums. Are you going to do it in writing? Are 1054 00:57:26.760 --> 00:57:29.320 you going to do in person? If you're going to do it in person? 1055 00:57:29.840 --> 00:57:33.960 Can you use an NDA NCA? If you use an NDA NCA, that should be 1056 00:57:33.960 --> 00:57:37.000 okay. But in foreign in foreign countries, it'll cover foreign 1057 00:57:37.000 --> 00:57:40.840 countries. In the United States, it doesn't cover the United 1058 00:57:40.840 --> 00:57:45.240 States. But does it equate to being a public disclosure? It 1059 00:57:45.240 --> 00:57:48.960 doesn't because it's not readily available to the public. It's 1060 00:57:48.960 --> 00:57:52.640 not a public use. It's not an offer for sale. So it doesn't 1061 00:57:52.640 --> 00:57:56.040 violate any statutory bars. But it might fall into the category 1062 00:57:56.040 --> 00:57:59.200 of public disclosure, if it's considered public disclosure, 1063 00:57:59.480 --> 00:58:02.920 according to the new rules that came out by the United States 1064 00:58:02.920 --> 00:58:05.760 Patent and Trademark Office a number of years ago, then you 1065 00:58:05.760 --> 00:58:10.200 have, then you've, you've got one year from that date to do 1066 00:58:10.200 --> 00:58:13.640 something. So it's, it's a complex question, we'd have to 1067 00:58:14.000 --> 00:58:16.800 analyze that in a lot more detail. So, all right, with 1068 00:58:16.800 --> 00:58:21.600 that, we're close. We've just answered like, I think we've 1069 00:58:21.600 --> 00:58:25.560 probably been like 80 questions. I mean, there's a lot of 1070 00:58:25.560 --> 00:58:28.000 questions we went through. So hopefully all of you have 1071 00:58:28.000 --> 00:58:32.360 enjoyed this. I would encourage you to shift your energy and 1072 00:58:32.360 --> 00:58:36.920 this this ingenuity and this brilliance that you have into 1073 00:58:36.920 --> 00:58:40.320 what we're offering you guys and bring it in there. And then ask 1074 00:58:40.320 --> 00:58:42.680 all your questions in there. There's no limit to questions in 1075 00:58:42.680 --> 00:58:46.760 there. There's no limit to much of anything in there. Because 1076 00:58:46.760 --> 00:58:50.880 it's kind of like what you've been doing here on extreme 1077 00:58:50.880 --> 00:58:55.760 caffeine, without any of the bad effects. So I encourage you all 1078 00:58:55.760 --> 00:58:58.160 Yes, Jennifer, you are and I'm looking forward to seeing you 1079 00:58:58.160 --> 00:59:01.160 there. Definitely looking forward to seeing you there. So 1080 00:59:01.320 --> 00:59:04.480 and I encourage you all to be there. Nadine, you actually we 1081 00:59:04.480 --> 00:59:06.680 sent out the email to you already, you should have that 1082 00:59:06.680 --> 00:59:09.840 already. Okay, so that should be in your inbox. 1083 00:59:09.920 --> 00:59:15.840 Yes, I did. Okay, wonderful. All right. And then Tanja, stay on. 1084 00:59:15.840 --> 00:59:19.240 I know you had a question. I'm going to talk to you. Adelaine, 1085 00:59:19.240 --> 00:59:22.680 if you have any questions on it, let me know. Happy to talk with 1086 00:59:22.680 --> 00:59:28.160 you as well. You're remarkably brilliant. So I'm no surprise 1087 00:59:28.160 --> 00:59:33.240 that you have these questions. So I'm very happy to help you 1088 00:59:33.240 --> 00:59:36.600 out any way I can. But we've got to shift this into there 1089 00:59:36.600 --> 00:59:41.560 because we've gone we've gone really far on this. So Tanja, 1090 00:59:41.560 --> 00:59:45.520 stay on if anybody Oh, Teresa is actually in as well. Teresa is 1091 00:59:45.520 --> 00:59:50.160 already in. So I will see this tends to be the case. Usually 1092 00:59:50.160 --> 00:59:54.720 the people that go into VIP like 90% of them are in there. Oh, 1093 00:59:54.720 --> 00:59:58.840 Nadine needs an NDA as soon as okay. Yeah, we can get her an 1094 00:59:58.840 --> 01:00:00.000 NDA immediately. No problem. 1095 01:00:00.000 --> 01:00:07.280 See, I get these hidden messages from Ray while we're talking, Ray's like pinging me. 1096 01:00:07.280 --> 01:00:08.280 She's like a sniper. 1097 01:00:08.280 --> 01:00:09.280 She finds all the- 1098 01:00:09.280 --> 01:00:10.280 I am. 1099 01:00:10.280 --> 01:00:12.600 You should see me with an op in virtual reality. 1100 01:00:12.600 --> 01:00:16.520 You should see all the messages that I get during the trainings. 1101 01:00:16.520 --> 01:00:20.360 It's like, hey this, hey that, do this, do that. 1102 01:00:20.360 --> 01:00:22.600 People, I gotta be the bridge. 1103 01:00:22.600 --> 01:00:24.800 She's like the coordinator in a football game. 1104 01:00:24.800 --> 01:00:27.520 She's like, okay, this is the play, hut, hut. 1105 01:00:27.520 --> 01:00:29.520 All right, well, bless all of you guys. 1106 01:00:29.520 --> 01:00:34.360 It has been a true honor spending extra time with you because you were in VIP. 1107 01:00:34.360 --> 01:00:37.000 I hope you see the advantage of being in VIP. 1108 01:00:37.000 --> 01:00:41.320 So when you do send people over to the Protect Your Idea Challenge, I would encourage them 1109 01:00:41.320 --> 01:00:44.680 to be in here because they get a lot deeper of an experience. 1110 01:00:44.680 --> 01:00:45.680 And with that- 1111 01:00:45.680 --> 01:00:46.680 Thank you so much, Peter. 1112 01:00:46.680 --> 01:00:47.680 Oh, it's my pleasure. 1113 01:00:47.680 --> 01:00:49.840 It is my true pleasure. 1114 01:00:49.840 --> 01:00:50.840 Bless all of you guys. 1115 01:00:50.840 --> 01:00:53.880 And I am going to stay on with Tanja. 1116 01:00:53.880 --> 01:01:00.960 If anybody else has any question with regard to the offer, the foundations in IP, just 1117 01:01:00.960 --> 01:01:02.920 let me know. 1118 01:01:02.920 --> 01:01:05.000 And I will be happy to answer that now. 1119 01:01:05.000 --> 01:01:12.560 And then afterwards, I'm going to go probably play some games and relax because my family's 1120 01:01:12.560 --> 01:01:13.560 in bed already. 1121 01:01:13.560 --> 01:01:15.560 So, all right, take care, everybody. 1122 01:01:15.560 --> 01:01:16.600 We'll see you.