All right, so welcome everybody to day two of the Protect Your Idea Challenge.
So what we're going to cover today is another level of trademark law, but there's a crossover
between trademark law and copyright law.
So you're going to see some of the crossover happening towards the end of the training
today.
But before we start jumping into that in a lot of detail, I want to take like maybe
one or two shares on something that like really stood out to you on day one, something that
was helpful for you.
Just be, I think it'd be beneficial to share that here since we have the whole group together
right now.
If there's one or two shares on that, just raise your virtual hand or raise your real
hand and you can just share that now and that'll help people out just to see what's jumping
out as more helpful than other things.
Jacob, Jacob jumps right out the gate.
Okay, you're going to hear me through Kalia's so we don't get an echo.
Oh, it's fine.
You're fine.
Go right ahead.
So what jumped out to me is I posted it in my video on the site is that for 20 years,
I did artwork for the CDs.
I designed shirts, murals for chiefs, officers, for other commands, coins, everything.
I designed a lot.
I designed logos for people's businesses.
I did all this and I did not know about the TM on it with my name and somebody took one
of my pieces of artwork and they trademarked it as a CB logo that they designed and everybody
asked me, they're like, wait, Jake, isn't that your design?
And I'm like, yeah.
Wow.
And then the person said, oh, well, I designed it with Jake and I'm like, I'm not going to
fight that battle.
Just you take it.
Wow.
Yeah.
I'm sorry.
I'm sorry to hear that.
I mean, there's I think one of the things I'll touch base on, because just just so people
know your story actually is not uncommon.
Like we've I think pretty much every time we've run this challenge, we've heard a story
along the same lines, which is it's unfortunate.
And so it's one of the motivating factors as to why we're doing this, you know, doing
this training so that we can get some interaction with people and let them know that there's
some other options out there.
In your situation with logos, if you create the logo yourself, you actually have legal
rights under copyright law automatically, which we're going to cover tomorrow in some
detail.
I'll probably start touching base on that at the end of today.
But separate from that, you also should be the only one who can use the trademark, because
when you file a trademark application, which I'll show those of you that are in VIP, you're
going to actually see every single step of a trademark application.
So you could ask questions on all the steps.
And this will also help you in in working with an attorney because you'll know exactly
what they need.
So to streamline the process and decrease your costs, which is really helpful, because
one of the areas that people spend a lot of time on is trying to figure out a specimen
or an international class or describing the goods or services.
And so if you can decrease that time, you'll save a lot of money.
And so we're going to explain that for you in a lot of detail.
But one of the things that you have to sign when you file a trademark application, Jacob,
is a declaration to the federal government stating that you're not aware of anybody else
having legal rights to that trademark or having used that trademark.
And so if another party takes your logo and files a trademark application for your logo,
that's actually a federal offense, which is not wise.
That's a big deal, you know.
So with that being said, sorry to hear about that.
I'm glad you're here, though.
I mean, I'm glad to know you personally, but separately, I'm glad you're here so we can
actually go through this kind of stuff and make sure we get some answers to a lot of
different questions so we don't have any problems going forward.
Yeah, that's awesome.
I am.
I'm really excited about this class.
I am.
Yeah.
Oh, that's awesome.
I mean, it's been a pleasure to hear.
I mean, there's a number of big issues that have been going on in this specific area,
especially as we come to Christmas time, people are taking other people's images, their designs,
their logos, their slogans, their trademarks, they're throwing them on T-shirts and then
they're selling them online, right, as an extra stream of income.
In fact, there's a number of.
influencers that are right now telling people exactly how to do that, like what's the company
that you hire to make the t-shirts, how you actually make the orders available so that second
that they're ordered that company makes them and then fulfills the order so you spend almost no
time and energy having to create anything except all you do is build the relationships and the
links between the companies. It's all copyright and trademark infringement and they don't realize
it and then I get these calls from people saying can you save me because such and such corporation
just sued us in federal district court. Now they've got to spend like thousands of dollars
getting out of trouble you know if the company wants to let them out and so it's it's better if
you can figure this stuff out early. So yeah we'll make sure you don't run into that stuff again.
It's good and let me go to your lovely wife who's literally right next to you which is kind of
hilarious. Oh yeah. Two incredibly smart people right next to each other. So how are you my friend?
I'm so good. I'm so good. I'm so happy to be here. It took me way too long but I'm just happy to be here.
I'm glad you are here. So what did you what kind of jumped out at you?
What jumped out at me is because I have a unique name I have people using my name.
For different things. Wow. And even I went to the hospital you remember I had the face pain
and they said oh well you're very attractive. I love the flower. You should represent people that
have this disease. On the internet there's an image outlining looks exactly like me on a t-shirt for
that disease. Are you serious? If you see it you'll be like oh that's Kalia. The hair, the swoop, the hole,
the flower, the whole thing. Oh my gosh. And so I messaged them and I said this is copyright. This is
trademark infringement. This is my name image and likeness. I'm a plus model. You will be sued.
Take it down. I think they blocked me. I haven't seen it anymore but you know who knows maybe they
just blocked me. Well you're if they removed it that's good. So I got you know Stephen Diaz is?
Yeah. All right so Stephen's a very successful individual. Trains mothers in in building a
second stream of income. Has an incredible program called Rainmaker Family. Just incredible program
and he and his wife Chelsea are amazing people. You know they literally do this to help people
right. That's their intent. And so they train people in building a second stream of income
through Amazon and stuff like that. He has sent me multiple people who have had another company
come along, grab their product, grab their name, grab their likeness, whatever and sell it on eBay,
on Alibaba, on Amazon. And so they come out you know they they reach out to me and they say well
how do we stop them? And this is actually a really good segue into the first thing I'm going to teach
all of you which is when you file your trademark application or your copyright application
you get a serial number like right off the bat. And after you get your serial number when you
get your registration you'll get what's called a registration number right. That registration
number is exactly what you want to use to file a complaint with eBay or Amazon or Alibaba. There's
a there's a form section that they have where you can file a complaint for violation of intellectual
property law. Okay it's specific to IP and one of the first things they ask you for is the
registration for your copyright or your trademark right off the bat. Now let me explain to you why.
Okay when you obtain legal rights under trademark law or under copyright law you're the only one
who's allowed to use that trademark or that protected image or whatever is protected by
copyright or trademark. You're supposed to be the only one who's allowed to use that. Now if another
party is using that that can be considered to be trademark infringement or copyright infringement.
Well here's the thing is one of the legal rights is to sell a product that has the trademark on it
or the logo on it right or has the copyright on it. It actually has the copyrighted material. Only
you could sell the copyrighted material. Nobody else can. Well it just so happens that if they're
using Amazon's website then who's actually selling? Amazon. You see? So Amazon actually has a vested
interest in making sure that nothing that is sold on
there on their platform actually infringes on trademarks or copyrights because they personally
would be liable. So it's not that all of a sudden they have this warm soft spot in their hearts
going, oh my gosh, this is horrible. We don't want these bad things to happen. It's that they're
saving their own butts because they realize, oh my gosh, we're committing IP infringement by
providing a platform for the sale. It's almost like the accessory to murder. They're the ones
that are providing the gun, so to speak. And so for that reason, they can be personally liable.
So what you want to be able to do, though, is provide your registration number. This is what's
so vital. So if you have, let's say, your likeness, your image, or a silhouette of yourself,
you can file copyright on that. And then when you get the federal registration, if you see anything
advertised with that silhouette, you file the complaint with your registration number
and say, I have a federal registration under copyright law to this exact image. This needs
to stop now because they're in violation. And since they're selling on your platform,
you, therefore, are in violation as well. Boom. Gone. That's how you make them disappear real fast.
Could I do that? I had someone in Hollywood, I won't say who they are, but they represented
someone who kind of looks like me. And they called and told me they're going to make her
look exactly like me. And they did. Yeah. So the way that it works in that area is there's a body
of law called likeness, which is a crossover with IP. It really crosses over into copyright law.
And so there's, it's an entire body of law that I don't really cover a lot in here.
But suffice to say, what you want to look at is copyright law. All right. And so if you can,
if you can own your own silhouette, and another person is modified to be similar to your silhouette,
the level of similarity between the two will result in whether or not there's a violation.
Right. So if I right now took a picture and then made it black and white, and just filled in,
you know, the facial features, so it's just the silhouette. If I file a copyright on that,
and another person has something that looks, you know, very similar to that, substantially the same,
then you've got a copyright infringement issue. So what I would do is, I would file something on
the silhouette of yourself. You know, if you're fine that other people are doing that. One thing
to keep in mind, though, is that if somebody is committing copyright infringement already,
and you now go and file a copyright application today, then they won't be liable for past
damages, because there needs to be something on file. Like you can't, you can only collect
as of the point of registration going forward, not registration going back. Okay. So this is why we
always tell people, if there's something that's really important, cost 65 bucks, tomorrow, we'll
talk a lot about copyrights, because 65 bucks file copyright application, it's so cheap. You know,
if it's something that's important to you, then protect it. But in in your case, just keep in
mind that if you own a trademark registration, or copyright registration, you see something on
Amazon, or eBay, or Alibaba, especially, you find where it says file complaint. And when you file
the complaint, use your registration number. That's the key. That's the key to working with
them. I have taken down countless things on behalf of clients throughout the world. Right. And the
main key that is that works extremely well, is if you can give them a registration number, they won't
argue with you. Like they just because they don't want the legal battle. They just want out. And so
for that reason, now, what you might find is that that same party that was infringing, then, you
know, it was ABC company, all of a sudden, it's XYZ company selling the same thing. Right. And so what
you want to do is something that's kind of tricky, but you can look and see, if it truly is a company,
you can look at where it actually was filed and see who is listed as the agent for the filing.
And then do a search for that agent. You can see any other entities that that agent is affiliated
with. And you can shut them all down. It's a sneaky way of stopping the competition. So I don't want
to confuse people, but it's a legal strategy that I use is look to see who the agent is for the
company and then backtrack. Because as an example, we used to bring legal actions against
organizations in China. Right now, people would say, oh, it doesn't matter if you have
legal rights in China.
And I disagree because going back 10 years ago,
actually more like 12 years ago,
it was difficult to enforce your legal rights in China.
Then all of a sudden China realized,
hold it, all these big corporations
don't wanna do business in China
because they can't enforce their IP in China and win.
So all of a sudden China switched
and they literally did a 180
and they made it so it was very easy
for these organizations to enforce
their legal rights in China, right?
However, the decisions that were granted
were predominantly what are called injunctions.
So that means we shut you down,
but we don't give you money.
That's what a lot of decisions were.
And so XYZ companies shut down.
Now all of a sudden, like ABC company pops up
and then you find out that the person
who's the head of ABC company is the wife
of who was the head of XYZ company.
You're like, what's going on?
It's the same family.
They're just bringing up new companies.
So you have to learn new strategies.
So if you're doing business in other countries,
it's important to understand what are the customs there.
But in general, what I would say
is if you're going to do business on the internet,
get a serial number, get a registration number
and use that in filing any complaint, okay?
Okay, thanks so much.
Now that's why their agency called me
and let me know that they're going to make
that movie star look like me.
Yeah, well, the good part is
you must be doing something right
if people want to copy you.
Jacob apparently is the blessed one, so.
All right, let me jump into some trademark training
over here for you guys.
Yesterday, we touched base on a good number of things.
And so what I wanted to start out with
is I just want to touch base on domain names really quick.
We touched base a little bit on domain names.
Almost everybody ends up buying a domain name.
One of the questions I got is,
if there's a trademark and it includes two words,
can you buy the domain name with the hyphen between it?
Will you still have a legal problem?
The answer is yes.
Whether you got a hyphen between it or not,
it doesn't matter.
So if the trademark is Microsoft Word,
and you say, oh, I got a brilliant idea.
I'm going to buy microsoft-word.com.
Bad idea, don't do that.
You're going to be surrendering that thing.
And you'll spend upwards of $4,000
plus just trying to get through a domain name dispute.
It's not worth it.
So I wouldn't bother doing that.
So do your trademark search first.
If it's clear, buy a domain name,
then go back and file your trademark application.
Does that make sense?
Is that pretty clear?
Okay, the other question I got was,
if your trademark,
if the trademark that another person has multiple words,
can you take one of the words and add another word to it?
That's a more difficult question.
That's really an analysis of what each of the words are.
So as an example, if the trademark is Microsoft Word again,
and you say, well, can I just take Microsoft
and one other word?
No, because obviously they own Microsoft alone,
but Microsoft is such a substantial portion
of the trademark that copying that portion
would absolutely result in you running into problems.
So the test for, I'm going to give you guys a handout,
first of all.
Let me, Rae, we dropped the link yesterday
for the handout, right?
We didn't-
No, you wouldn't let me.
Okay, that's okay.
Why don't you drop the link in the chat
and I'll share my screen so everybody can see this.
I created this for you guys.
I use this in the trainings.
It helps to make things a lot more simple for you.
Can everybody see the screen right now and the image?
Okay, great.
Whatever you create should fall on this somewhere.
Okay, so if you're a photographer,
there's the word photographs.
You look at photographs and then you go straight up.
Boom, that's protectable under copyright law.
See that?
So if you're doing, let's say,
you're doing blogs.
Oh, there he is.
Well, I'm surprised I actually put it in there.
I was trying to come up with a word that wasn't here.
I was going to say, well, blog is really a writing
which falls into a book category,
but apparently I wrote blogs.
So it's right there, yep.
Blogs, boom, copyright.
That's protectable under copyright law.
Websites, same idea.
Oh, there it is.
Websites, protectable under copyright law.
So, and all these different things
are protectable under trademarks.
And then these are what are protectable on the patents.
This is what's protectable under trade secrets.
This is what's protectable under trade dress.
Keep in mind that this is my creation,
meaning that this format, this image here is my creation.
I have a copyright on it.
So don't go handing it out to other people.
This is for you.
This is just a gift that I'm giving for you
to use for your own benefit.
If you wanna create some other version of this
for your people, then obviously you can do that,
but don't take this one
because that would be copyright violation.
I think what I would like to do now,
let me pull up one other thing here.
There we go.
Okay.
I wanna talk a little bit about
how do you determine whether or not
there is trademark infringement?
So there are multiple factors that you look at
to determine if there's trademark infringement.
Okay, so with that being said,
let me share this with you.
Let's see.
Ray, do you have the form that I kind of summarizes
the seven to nine elements?
We turned it into a-
Likelihood of confusion?
Yeah, likelihood of confusion.
Yeah, of course.
Can you give us a handout?
I mean, I usually just show it to people,
but I want people to have it as a handout this time.
So this way, this one you can use for yourself.
You can give the other people.
I don't care.
I don't have a copyright on this.
This is a gift for you guys.
I usually just go over it,
but I feel like I should just hand it to you guys to use.
So the, let me open it up so everybody can see it.
There it is.
Good.
Dropped it in the chat there too.
Thank you.
Okay.
And just so you guys know,
I'm going to be dropping all of these links as well
inside the Facebook group.
So if you need to reference them again, head over there.
There we go.
Okay.
I'm going to go over them with you here together.
So this is a form that we created to make it easy
for you to determine whether or not
there's trademark infringement.
Why is this important?
It's important because when you're doing a trademark search
and you're trying to figure out, can I use this name?
Can I not use this name?
Can I use this logo?
Can I not?
This is what tells you if you can use it or not.
These are the factors.
As opposed to forcing you guys
to memorize these things on your own,
I decided to put this in a visual, like a visual way
so it's a lot easier to look at.
Technically there's nine to 12 factors.
I broke it down into seven because I combined a few of them
because I believe it's easier to understand that way.
As an example, the first factor includes appearance,
sound and commercial impression.
They all kind of work together.
So I listed as the first factor,
seemingly the most important factor, just so you guys know.
But the point of this is that this factor number one
is like the, this is the one that if you lose on this one,
you're toast.
Like it's a non-starter, okay?
Somebody has Microsoft and you say,
oh, I'm going from Microsoft too.
But it's, the goods are just slightly different.
It's like, yeah, if it looks exactly the same
and it sounds exactly the same
and has a similar commercial impression,
you're dead in the water.
Okay, so let me explain what these factors mean.
So on the first factor, appearance.
So that's like, does the logo look like the logo?
Is it a swoosh and a swoosh?
It does look similar, great.
So in the Nike swoosh,
since it goes like thin to fat to thin,
what if it was like all thin?
Does that look similar?
That's the kind of analysis that you're doing.
And then you're looking at the words.
Do the words look exactly the same
when you look at them visually?
And do they sound the same when you say it out loud?
Those are the first things that you're checking.
Commercial impression is like,
what's the feeling that you get
when you see that trademark?
So if I said to you something like,
brilliant is gonna be the name of a new online course, okay?
That has a certain like commercial impression, brilliant.
Versus if I said the name of it was Reaper, right?
Join the Reaper online training course.
Like that has a very different commercial impression, okay?
So for that reason,
that feeling that you get associated with it,
that's your commercial impression.
If it's similar,
there's a higher likelihood of confusion.
The second factor is looking at
the goods or the services themselves.
or are you using a, if Nike has a trademark
for athletic wear and sneakers,
and you decide to create a shoe line,
like Florsheim or like, you know,
Bostonian or whatever other brand of shoes,
you decide, Johnson and Murphy,
you decide to create a shoe line called Nike,
which are for business shoes,
then you're gonna look at the shoes versus the sneakers,
and you're gonna say,
when somebody goes to buy these shoes,
is there a chance that since sneakers
are covered by the name Nike,
and now shoes are covered by the name Nike,
is there a higher chance that people are gonna think,
wow, you know what, it's the same company, Nike.
There's a higher chance that people
are gonna believe that,
then there's a higher chance of confusion.
So you're looking at the goods of the services
that are covered by the trademark.
If they're very similar, higher chance of confusion.
The third factor is looking at
where things are sold, essentially,
the similarity or dissimilarity
of established likely to continue trade channels.
You're looking at where's this thing sold.
So if I tell you that,
there was a company I represented,
it was called Snell Acoustics.
This company sold $50,000 audio speakers, okay, $50,000.
They had some speakers that were $75,000
for audio speakers, okay?
Now, those audio speakers,
how many of you guys realize that those audio speakers
were not sold at Target?
All right, and for those of you that are culturally diverse,
it wasn't sold at Target either, okay?
Like they were not sold like in any Target anywhere.
These, the only way you can get these things
was if you call these guys
and order them directly from them.
You couldn't get your hands on them otherwise.
For that reason, since the only way to access
the speaker was to call them directly,
there's a lower chance of a likelihood of confusion
if somebody uses a similar name
because the only way somebody can get their product
is by calling them directly.
So it's a different channel.
It's a different place of sale.
So if one person's product has a similar name to another's,
but one you buy at Target and the other one
you buy at, Ray's shaking her head,
and the other one you can only buy by calling someone,
well then, you know, you're,
there's a lower chance of a likelihood of confusion
because you can only get Snell Acoustics speakers
from Snell Acoustics themselves.
All right, degree of care.
You know, when you guys go shopping at a grocery store
and you're ready to check out
and you look to the right-hand side,
there's all that stuff that you're not supposed to buy
that's right in your face, screaming out to you,
say, buy me.
You know all that stuff, like the candy, the gum,
the chocolates, the chips,
the magazine that's gonna pollute your mind forever.
You know all that stuff?
Yeah, all of that,
that is basically a low degree of care for purchase,
meaning it's low cost, it's just instinct,
like I just want this, I'm gonna grab some Tic Tacs,
I'm gonna grab some Lifesavers, I'm gonna grab a Kit Kat.
It's not a $500 Kit Kat, right?
Like the chances are you're not gonna find,
although now it's actually changed,
like you can get Godiva chocolates right next to,
in a grocery store now.
Back in the day, you couldn't, right?
You end up spending hundreds of dollars
on Godiva chocolates.
Now it's so cheap, you can get them in a grocery store.
But the difference in price
between like high-end Godiva chocolates
and like a Kit Kat bar is so significant
that you don't typically just buy Godiva chocolates
off the top of your mind.
Like you're spending a good amount,
you're spending more money,
so you're gonna think about it before you buy it.
Same thing with a Snell Acoustic Speaker,
you're gonna think about it before you buy it.
So if there's a high degree of care
before you're gonna buy that thing,
there's a lower level of potential infringement,
meaning the consumer is going to be thinking
before they buy.
They're gonna use a high level of scrutiny.
If they're gonna use a higher level of scrutiny
to buy the thing because the price is higher
or whatever the reason may be,
then there's a lower chance of there being confusion, okay?
Quantity of the mark.
What this means is that
are there a lot of other trademarks out there like it?
And I'm gonna tell you why,
how this all relates to you in like two minutes, okay?
So are there a lot of other trademarks
that have the same word?
So let's say you're trying to use the name Smarty, right?
So you're using Smarty for candy
and you see there's a registration for Smarty for food.
items, but there's a smarty fruit line,
there's a smarty dishwasher soap,
there's a smarty pots, smarty pans, smarty cutlery.
There's so many things that are named smarty
that the strength of the trademark decreases
because there's a lot of other things
that are named the same thing in similar areas,
like for similar goods.
If that's the case,
there's a lower chance of likelihood of confusion.
All right, these last two things I listed,
let's go to the last one first.
Actual confusion means somebody reached out to you
and say, hey, you're selling smarty candies.
Is that from the company smarty?
I mean, that's proof that they're confused.
That's actual confusion.
So if somebody else,
one of your customers reaches out to you and says,
hey, that product with the logo that you're selling,
I actually saw something on eBay with that same logo,
and I bought it thinking it was your product.
You want a copy of that communication.
That is proof of actual confusion.
That is the highest form of confusion proof
that you can use in a court of law.
So don't lose that email.
That is the best thing you can use in a court of law, okay?
And then finally, agreement status is,
let's say you want to file a trademark application
on a certain name and somebody else,
like let's say you're going after like smarty cheese, right?
For people that eat cheese,
but they only eat certain type of cheese
because they use the cheese that are good
for certain flora within your belly.
And so you call it smarty cheese, right?
It's like probiotic rich cheese made from yogurt, right?
I'm just making this up as I go along.
And so if that's the case,
you call it smarty cheese, right?
Because only smart people are going to buy this thing.
But then when you look,
you see there's a registration for smarty bread.
And so when you see that,
you're a little concerned that that's a food item.
So when you go to file a trademark application,
you can reach out to that company and say,
hey, I see that you have a registration for smarty bread.
And so I'm going to be filing a trademark application
for smarty cheese.
And this is what it is.
It's probiotic rich cheese.
It's made from goat's milk, blah, blah, blah.
You know, and so for that reason,
I want to minimize the chances
of my trademark application getting rejected.
So can you sign this document saying that you are okay
as the trademark owner of smarty for a bread line,
you are okay with my filing a trademark for cheese
so that I can file this agreement with the trademark office
so that if they think of rejecting my trademark application
because they believe there's a likelihood of confusion,
I can say, look,
the trademark owners themselves were okay with this.
That's called getting an agreement beforehand.
All right, that's very powerful.
So if you have a certain name and you're going to,
you want to seek legal protection for that name.
But somebody else has a registration for that name.
Okay, I'm going to talk about this now for a moment.
Number one, talk to a lawyer, please talk to a lawyer.
What I want you to do is like call somebody up
and then become a target for a lawsuit.
Like I do not want that.
Okay, I spend most of my time trying to help people
not get in trouble.
All right, and the rest of my time
is getting them out of trouble.
Okay, although I do represent a bunch of people
on the plaintiff side as well.
But the point is that if you are going to,
let's say you're going to go for,
let me think of one example.
Let's say you're going to seek legal rights for,
let's go with a shoe line again.
Yeah, let's say you go for a shoe line
and it's a name that's very similar to somebody else
who has sneakers and you get the permission from them.
When you file the application with the trademark office,
you can attach the agreement to the application
and your registration, there's a higher chance
that your registration will just fly right through.
Meaning you'll boom, get your registration, okay?
It increases your chances of success.
All right, so I want to minimize the chances
that you guys get rejections.
And that's one of the ways you can do it
is actually getting that agreement in place.
Does that make sense to you guys?
That's pretty detailed.
What I just gave you right now
is like unknown legal strategy.
Like the public does not know about.
the strategy.
But here's what I wanna give you as a preface for that.
What I don't want you doing is just calling up
another party saying, hey, I'm using a trademark
that's similar to yours.
Is it okay if I use that?
Are you all right with that?
Do not do that.
Okay, well, you didn't, Nick is laughing.
That like, don't do that.
Let me tell you why.
You literally just told somebody
that you're committing trademark infringement.
You just like, and I know it sounds logical
that you wouldn't do this, but I'll tell you
kind of a crazy story.
I've been the head of the IP department
at a major New England law firm for like a very long time.
I built the patent law practice there for 14 years.
I was leading the IP group.
For 10 of those years,
we were the number one IP group in our state.
I mean, we were doing really well.
Along comes this summer intern, okay?
This summer intern does a project for me.
And so I figured I'd let the summer intern
do something that I thought was pretty simple.
I said, here's a trademark that my client wants to use.
Here is a company that I found that has a trademark
and that they're using it on.
What I want you to do is I want you to determine
whether or not they're currently using it.
Meaning like, you know, do online research,
see everything that you can find
to see if they stopped using it in the last like four years.
If they did, let me know.
Okay.
About a week and a half goes by.
I get a phone call from somebody.
And the phone call was interesting.
It was his mentor at the law firm.
And the mentor said, Mr. Nieves,
I'm not sure how to tell you this,
but I've got some bad news.
I said, okay, well, what's the bad news?
They said, well, you know that project
you gave to the summer intern?
I said, yes.
And they said, well, we haven't been able to figure out
why he did this, but he called up the company
that you mentioned and said that your client
was using their trademark and that your client
wanted to know whether or not
they could continue using the trademark.
I mean, needless to say,
the summer intern did not get a job offer,
but it was a really good example of what not to do.
And so in our case, it was very simple.
The client just said, yeah, we're not gonna use it anyway.
And the other party just said,
oh, we wouldn't mind if they did,
but it just made more sense
to come up with another trademark.
But the whole point is the second that you call
the other party and tell them that you're committing
trademark infringement, which is what you're doing
if you're asking for permission to use the trademark,
you now become a target.
So now they're gonna be investigating you
and they could actually claim that you committed
willful infringement, which can triple the damages
for any infringement that you're committing.
So just do yourself a favor.
If you see yourself doing a trademark,
using a trademark that another party is using
and you're concerned, reach out to an attorney.
They should be able to do a pretty fast analysis
and let you know if it's trouble or not.
And if they determine that there is trouble,
look, this is not legal advice.
This is the first time I think,
this is the first time I think I've done this in this one.
It's not legal advice.
Oh, okay, all right, so this is what happened.
So apparently it was about nine months ago, 10 months ago,
I was running a Protector Idea Challenge
and people were like,
a lot of them were running into nasty legal issues,
like bad legal issues.
So they were asking all these questions.
Like you see in the chat, oh my gosh, I got sued for this.
I got in trouble for that.
This is really bad because of this.
This is bad because of that.
So I felt really obligated to try to help them
because that's just who I am.
So I started saying over and over,
well, this isn't legal advice,
but this is what happens in this scenario.
This isn't legal advice,
but that's what happens in that scenario.
This isn't illegal advice because of this.
And then all of a sudden,
every time I said, this is not legal advice,
everybody would be drinking.
And I said, what?
And everybody started laughing.
Like, and I didn't know what was going on.
The chat was like lit.
There were like a hundred things going on in chat.
And I'm like, what is going on?
And then Larissa, who was on, she's like,
apparently you've been saying this is not legal advice
so much that it's turned into a drinking game.
So every time that you say this is not legal advice
to people in the audience, the drinking,
we just don't know what they're drinking
and they're getting more silly as the game's going on.
So we kind of have an idea of what they're drinking
is probably not water.
So in any case, I just drink.
water, but that's why every time I say
this is not legal advice,
that's why people start drinking.
So now they know the story, right?
All right, so in your case,
if you see that there is a potential issue,
a trademark infringement,
I'm gonna show you a tool that you can use
that a lot of people don't know about.
This is one of my favorite tools.
It's called the Wayback Machine.
Link is in the chat for you.
Okay, so here's the thing.
I didn't make this up.
This isn't like from back from the future like this
or back to the future.
This is an actual thing.
It was created by MIT.
It's called the Wayback Machine.
I'm gonna show you what it is.
And you guys can use this at any time.
Let me just open this thing over here and share it.
You can use this to determine
what your customers are doing
or what your opposition is doing.
It's pretty handy stuff.
So here is, where is it?
There it is, Wayback Machine.
Okay, here we go.
Okay, this is the Wayback Machine.
It was created by MIT.
It basically is a massive catalog
of all the websites that are out there, okay?
So you can put it in the URL of a website
and look at their websites going back multiple years.
So if I wanted to look at like Domino's,
I'd say I wanna do dominoes.com, dominoes.com.
Okay, so here's dominoes.com.
Do you see how the screen is showing you
all of these different years?
These are all the different years of their website.
So if you're looking at using a certain name
and you know that another party has used that name,
you wanna determine if they're still using it.
One of the things you can do is if you know
they're using 2017, then you can look at them in 2018.
And then just grab one of these dates here.
And when you do, if you notice that where the website
was listed before, the website's no longer listed,
then that increases the, oh, what happened?
Redirecting to your account.
It says it's loading.
Oh, okay, it's loading.
Let's get rid of this donation thing here.
I feel like I should be paying them now
because I show off their stuff all the time.
It's still loading.
They should be paying you.
Yeah, I know for marketing them at this point.
But basically you can look at the website
of any of your customers, your opposition,
even your own prior versions of your website.
They're all stored here.
I'm not sure why it's taking so long though.
Might be your screen share.
Maybe turn it off, turn it back on.
It could be, let's see.
Yeah, I can do that.
Let me see.
Stop the screen share.
Just wanted to show you one example of it
so you could see what this looks like.
It's pretty neat.
I'm not sure why I can't grab it right now.
It's not showing it.
It's kind of funny.
It's the first time it's ever done that.
I'll try another site instead of Domino's.
Let's go to, let's do it here.
This site is such a fantastic resource too
because we actually just got to use this
when we were helping one of our clients the other day,
one of our members.
Yeah, they actually determined that the party
that they were concerned about
actually was no longer using the trademark.
Here we go.
Now it works.
All right, let me share.
I had to change the browser so people could see it.
It looks like it works better in Chrome.
So here you can see, this is the website for Domino's
in 2015, July 9th, 2015.
July 9th, 2015.
You see that?
So now you can actually see exactly what they had
on their site, which is, that's pretty incredible
that you can do that.
And then you can even check the links and see what's there.
It looks like it's loading up again.
But the link has been dropped for you.
You can use it as a resource so you can check
into what other people are doing on their sites.
Like here's the coupon stuff right there.
Any delivery charge is not to pay.
Please reward your, blah, blah, blah.
Drivers carry less than $20, blah, blah, blah.
But anyways, this is the page that was associated
with coupons back then.
So it's still loading.
So it's a resource that you can use
if you're trying to learn more information.
about a certain party, okay?
So it's called the Wayback Machine.
The reason why it's important is that
if you do a trademark search
and you see another party is using that trademark
and you wanna determine if you can use it,
like if they have a registration,
they need to renew their registration every five years,
right?
But if you don't know if they're using it currently,
use the Wayback Machine and now look to see,
okay, they had it on their website six years ago,
but then four years ago, it stopped being on their website.
There's a higher chance that they're not using it.
And so those are things you can do in your analysis
to determine whether or not
there's potentially a legal issue.
But please, please, please, please speak to your lawyers,
like let them know what's going on.
Let them know that you're concerned
about whatever the situation is
before you start actually using a trademark
that you know potentially infringes
somebody else's trademarks, okay?
And with that, let me do this.
I'm gonna do something that I don't usually do,
but I'm gonna take two questions.
I want you guys to get an idea
of what actually happens in VIP.
So I'm gonna take two questions.
If anybody has a question on anything
that I've covered today or yesterday,
you can raise your virtual hand now
and I'll answer your question.
So you guys can see what happens in VIP.
This way, if you guys are interested in VIP,
you guys can jump in there.
So let's see.
If you need to raise your virtual hand,
you go to the reactions bar
down in the bottom of the navigation menu
and it'll allow you,
it'll give you the option to raise your hand.
I get nervous when Peter says that
because it usually means he's creating more things for you.
But he's like, I'm doing something I've never done before.
All right, so let me do, Jacob, go right ahead.
You gotta unmute my friend.
Okay, so my question is,
is you were saying that you can't use a descriptive
within your yesterday about in your name.
And I asked in the chat,
but then they said, hey, this is VIP question.
It's like coffee bean,
how they use coffee bean and loose leaf tea.
And it's a description of their product,
but it's also their name.
Yeah, so it comes down to,
in your trademark,
there needs to be something that's distinctive
and not descriptive, right?
So in your trademark,
you could have something
that is considered to be descriptive,
but that's not gonna result in you getting a registration.
So you can have descriptive portion as an example,
ABC Corporation, right?
Or ABC Industries.
Like ABC is a creative part.
Industries is descriptive.
Or if you say,
let's say as an example,
frosty produce, right?
So frosty would be the distinctive word
that can be utilized as part of the trademark.
But if you always use it as frosty produce,
frosty produce, you never use frosty alone,
then your registration is gonna be for frosty produce
because you're never using frosty alone.
So for that reason,
your trademark becomes frosty produce,
but the word produce is really descriptive, right?
So that part of the word you can't own alone.
You can't own a merely descriptive trademark,
but there could be a descriptive word in your trademark.
Does that make sense?
So frosty produce,
obviously, if you're using it for a produce company,
produce is descriptive,
but frosty clearly is not unless you're like,
in like a winter thaw or a winter situation,
and you have some kind of produce company,
but predominantly it's not gonna be a descriptive term.
So if you say frosty produce, that's fine,
even though one of the words
in the description is descriptive.
It just can't be,
your whole trademark cannot be descriptive.
There needs to be at least one part of it
that's distinctive, either suggestive
or distinctive in another way.
Your entire trademark can't be descriptive.
Otherwise you're dead.
Like that won't work.
Thanks, because the reason I asked this
was when I did my homework
and how you said if you're trying to do a company name
with multiple words, search each word first,
then search the group together.
And like each word had individually had
so many people had it within their name.
Right, that's one of the reasons why I said
when you do the search,
and this is why I wanted you guys to,
just so everybody understands,
this was the first time ever
I had people do a search on day one as homework.
And the reason why is because of this.
I wanted people to try it out
and now you got all week to keep trying it
and keep asking.
questions and I can keep answering, right? So here's the situation is that one of the things I
said when you do the search is realize that if you search certain words that are just descriptive
you're going to get a million results, right? So if you search for the word like bean, coffee, the,
you know, like there's trademarks to have like the word the end is actually like a trademark.
Somebody owns the end, right? And I think it's a moving company, right? So, you know, if you search
for the word the, you're going to get a ridiculous number of results. So when it's a very descriptive
term, it doesn't even make a lot of sense to search that term alone because you're just going
to get a ton of results which aren't going to be very productive. So that's why you've got to put
what I always say when I do a search is I look for the part that is not descriptive,
that's distinctive, and I search for that part alone. So if there's three words, let's say it's
called the end moving. Let's say that's it, right? If I search for moving, I know I'm going
to get a ton of stuff. If I search for the, I know I'm going to get a ton of stuff. I might search
for the word end because end is not descriptive of moving, right? Like that's just not a
descriptive term of a moving company. So I'll search for the word end associated with moving
companies. And if I see that there's nothing like that, or if I see there's a lot like that,
then I might search for like, well, actually, if I get that alone, then I know I'm in trouble.
So let me do a sample for you guys. I'll go on the USPTO website now.
While you're doing that, like, do you want me to say what I searched or no?
As long as it's not your personal one, because I don't want you disclosing your own personal stuff.
Okay. I don't know everyone and I don't want, I saw something horrible happen once
in somebody else's live where somebody grabbed what they said. And I'm not saying anybody here
would do this, but it was a horrible situation. And I don't want that happening in one of my lives.
So rather you guys don't get in trouble. So let's see end. And then if I look up, I'll say moving.
Okay, so I'm going to do a sample search for everybody. And VIP, again, we go into this way
more detail. And actually, this communication that I'm doing right now with Jacob is an example of
what we do in VIP. That's why I wanted you guys to see this is what we actually do there. We take
the situation, we analyze it. So I take the word end, I'm going to put it on their non punctuated
I'm going to put it on their non punctuated word mark. I'm going to say and, and then it's
for moving. Let's say that's the services. Let's see if anything comes up. Oh, there's five.
So there's something called this end up. Loose ends. I don't see the end. There's one that's
called the end. Unless they don't have a federal registration on anymore. Let me just see.
I'm going to just get rid of this year.
See what comes up the end.
393 records. So let's look for the end as the only trademark, full mark.
No registrations for the end. So that means that moving company is using the end without having a
federal registration on it, which is interesting. So they have certain legal rights under common law,
but they don't, but they don't have a federal registration. So let's just look under non
punctuated word mark. Let's just look at this, the end. Okay. So the end of humanity. Oh, that's
comforting. Okay. Let's, let's move down on this. Let's look at some of these other ones, the end
all let's look at when that's a registration. The end starts with you, the end. Okay. Let's use this
one. The end of 2,448 miles. That's very, very descriptive, but I wouldn't search for the,
I wouldn't search for of, I probably wouldn't search for depending on the group, the international
class. Let's see, this is for shirts. Okay. So since it's for shirts, I probably would look for
the word miles. I probably would look for the word end. And the way I would do the search
in that case is I would go back here. I'm giving you guys a live example of what I would do
personally. And you guys get the video. So you'll, you'll be able to watch it. I would do international
class 25. And I would look for the word end. And I would say and as the operator
and submit query, I got 437 results.
now. Now I can look and see if I'm creating a t-shirt company,
you know, with the word end, like the end or something else
and I would look through these results and see is there
anything similar to what I've got there. So that's kind of how
I break it down. All right, let me go over to Joyce. I'll take
your question. And then I'm going to jump back into the
training for like five more minutes. And then we'll end here
and tomorrow we're going to jump into the copyrights.
Um, hold on one second.
I would do you want me because I just got an example from my
homework. And it was really interesting. Can you hear me?
Yeah, you're fading in and out. But go ahead.
All right. Let me see. Can you hear me now?
Yeah, go ahead.
Okay. Um, and I so say my search was on blankety blank. Like
blankety blank, right? So I came up with 1226 records
found. And then I went through all of them. And I didn't find
but one, it's not the same goods and services as mine. And it had
other words like blankety blank, show your skin grace with this
example. Like their their trademark is blankety blank,
show your skin grace. You know, because I'm not saying my
product name.
You follow me?
Yes. What's your question?
Well, I was just giving an example because now you're
saying what I and there was not anywhere. Just blankety blank.
My two words were not linked in all of the in the hundred, you
know, the 1226 records. So then is it safe to say that that my
blankety blank application or, you know, getting a, you know,
filing it with you?
I'm not following your question. But alright, so if I have a
trademark, and the trademark is, let's say two words, and when I
do a search, those two words are part of somebody else's federal
registration, that has more than two words, then that's a
concern, I can't get a federal registration for part of
somebody else's registration. Somebody owns like Microsoft
Word, I can't file a trademark application for Microsoft, for
similar goods, that's not going to be allowed, that will get a
likelihood of confusion rejection.
It means that it's not anywhere near the same goods and
services.
Well, if that's the case, that's like the Apple Apple example
that I gave. So if, if I'm going for Apple, for cell phones,
right, then I can get a registration for Apple. But
let's say I have a I have a moving company, right, since we
talked about moving company, and I want to own the name Apple, I
can own the name Apple for a moving company has nothing to do
with cell phones. Like they're not even related. Okay, so like
example,
yeah, right, exactly. Like you have to look, look at that those
factors, there's all those factors that determine
likelihood of confusion. Does it look the same? Does it sound the
same? Are they similar goods and services? Would the people buy
those services or goods in a similar place? Like you look at
every one of those one by one by one to see, am I concerned about
this? If I'm making like ice cube trays, and they're making
microchip fabrication, you know, they're doing microchip
fabrication. They've got nothing to do with each other.
Now, the the area where that changes is if the trademarks
famous, if the trend I'm telling you guys, stay away from famous
trademarks. I've had people come through this training before,
and believe that they've gotten so smart that they're gonna beat
the system. And they go out there and they're like, I've got
Burger King t shirts. Like, yeah, no, or I've got like, this
is McDonald's toilet paper. It's like, yeah, no, you're
gonna run into problem because it's a famous trademark. Like
that's a poopy idea. Don't go after McDonald's toilet paper,
right? It's this is a bad idea. Stay away from that stuff. Okay,
so the point being, if it's famous, stay away. You got even
if you got a good lawyer like myself, it's not worth the legal
battle. Just you're gonna spend a lot of time and money for
nothing. Okay. Now, the area where you can make a lot of
money is when you look for things that have expired.
Tomorrow, we're going to be talking about copyrights. If you
want to look at something where you can make a ridiculous amount
of money, find the copyrights that expired, and just sell
those like crazy. Like just look for the things that have
expired. And then like the Mona Lisa, that thing's expired. You
can put it on anything you want. And and there's no issues, like
find things where the copyright is old.
for like Winnie the Pooh, like the original Popeye, like other
things like that. Don't go out there and use Shazam. Don't use
Spider Man. Don't use Superman. Don't don't use any of those
you'll run into big problems. Find the ones that have expired
and then you can open up an entire market place. So just be
careful about that. All right. Ray, I think I hate to do this,
but I think I'm going to push it to tomorrow. Oh, okay. Is it
going to be going up?
I'm not sure if you saw this. Sorry, what was that? I can fix
it. It's tomorrow.
All right, I'll tell you what, let me do a preview for you
guys. I'll do the preview for you guys anyway. All right. In
case you guys haven't figured it out, what we've talked about so
far is a fraction of the number of IP issues that exist in this
world. There's a remarkable number of different things. My
intent is to make you guys familiar with this enough so
that you know that there's an issue. You may not understand
what the issue is, but something inside of you goes, you know
what, I'm going to a trade show and we're talking about our new
invention and Peter mentioned something about statutory bars.
Before you guys leave for this trade show, we need to consult
an attorney or we need to talk a little bit about what you're
going to disclose because we don't want to lose our invention
or, you know, we're going to hire somebody from GoDaddy to
create a new logo for us. Hey, make sure you assign all right
title and interest over to my entity. Otherwise, they're going
to make me pay a royalty forever. Right? Like these are
the things that I want you to think of. Even if you don't
understand them fully, you'll know in this scenario,
something's up. Well, how many of you realize that there's
like 1000s of potential situations like there's a lot
of them. So after you're done with this week, I don't
typically tell people about this stuff early enough. But usually
I let people know like on day four, I'm gonna let you guys
know about this now. Because what I find is that the people
that come into this challenge are real people implementing
things for real. Like, this is a make believe. I mean, how many
people here signed up just because you had nothing better
to do in your life. And so you just wanted to be here to hear
somebody talk about the law. Anybody? Rose, I love you.
Thank you. You're an exception to the rule.
You know, that's a joke, right?
There's like, there's nobody would be here unless, you know,
they're serious, like something's going on. Something's
important to them. So what I did was, as you know, I made this
week available, I took off from my own law firm, and I'm focused
on this, my paralegals are essentially running the show,
and pinging me when things happen, right? That's
essentially what's happening. And my other great, wonderful
people, you know, I don't but I'm a litigation paralegal. So I
don't know how we do we function without you. Let's just put it
this way. I love all of you. You're amazing. Because I could
not function without you. Honestly. They're my right and
left leg. Okay, so. So I'd be rolling on the ground without
them. So but here's the point is that once we're done with
with Friday, this is what happens. People go, Oh, my gosh,
there's this issue. Oh, my gosh, is that issue? Like, how do I
get in touch with them? What do I do? So I created something for
you guys, that is extremely helpful. I created this for
people that are serious about what they're doing. Like they're
they're becoming familiar with IP, they want to implement these
things. They're going to continue to run into situations.
So I created this for you. I'm going to explain it to you now.
And then during the week, if you guys have questions, you can let
me know. But I figure if I tell you early enough, it's being
respectful for you. You're not waiting for the offer. I want to
be respectful of all of you and your time. Okay. And I know how
these things work. Somebody like does the training, and then
they're trying to make people buy things. That's not me. Like
I'm making this resource available for you guys to help
you guys long term. So let me read you want to share? Why
don't you share? Okay.
Yeah, I got it.
All right. Thanks. So this is what I did. I created a package
for you guys. That will allow you to do multiple things.
Number one is it allow your company to grow over an
elongated period of time. And during that growth period, as
you have continued questions, you can ask me directly without
getting basically without being billed by an attorney because
you can, you're not going to get legal advice. Again, you're not
getting legal advice. But I'm going to tell you what the law
says in different situations. So you can kind of format what
you're doing. And you'll know when you need an attorney when
you don't need an attorney. So that's why I created what's
called the foundations and IP package. And for those of you
that don't know why I have been an IP attorney for 25 years.
I left a major New England law firm
literally one year ago on November 21st.
And the reason why I did this
was because I wanted to be able to educate people,
not have billable hour structure,
do more diversity, equity and inclusion work as well
in the community and run things the way I want
with flat fees and stuff.
So this is kind of like a one year anniversary for us
because I stepped out on November 21st.
So on November 21st is a one year anniversary
of Nieves IP Law Group.
Thank you so much, Joyce.
So with that being the case,
this is my offer for all of you, all right?
So why don't you go ahead and go into the next slide.
This is what we're gonna do.
For those of you that have got a company,
there's a number of you guys that have a company, okay?
What we're gonna do is we're gonna first perform
a top level trademark search for you.
So you don't have to wonder
whether or not the trademark's available.
We're gonna do a search for you.
My law firm is gonna do a search for you.
With people that do this for a living,
with the paralegals that are extremely gifted
and the attorneys that are gifted,
including myself, we'll be working on this directly
and determine whether or not the name
that you're particularly interested in
actually is available and we'll let you know, okay?
And so that's the first part.
Trademark clearance search is included,
a top level search.
I'll go right to the next slide.
Now, on top of that,
we're gonna file a trademark application for you.
Like, it's included.
That means the USPTO filing fee is included.
And for those of you that are in VIP,
you're gonna see in about 10 minutes,
we're gonna go through the live filing
of a trademark application online
so you can see all the parts of an application, okay?
So you can understand it in some detail.
But we are gonna file an application for you.
That means we're gonna give you
a trademark application form.
We're gonna determine your international class,
your recitation of goods and services,
your date to first use.
We're gonna help you figure out your specimen.
We're gonna file the whole thing together.
Includes your trademark application filing fee
from the USPTO.
Everything's done, all in this package, okay?
So you got a search and you got an application filing.
Next slide, please.
That alone is around a $2,400 value.
So let's go to the next part, please.
Now, the next thing you're gonna get
is something that's very unique.
Ray and I have worked out on my schedule
one-on-one time with individuals.
And what that means is you get a two to three hour window
alone with me on Zoom,
and I go through everything that you're doing as a business.
We give you a list.
Yeah, I know, this is a pretty big deal
because actually people don't get to do this with me.
I've actually made this available
to people that go through the program
because they're already familiar with IP
before they actually meet with me, which is helpful.
Otherwise, it doesn't work very well
if you don't know anything about IP.
That's why I only offer it
to people who have been through the training.
So what this IP audit is is you sit down with me one-on-one
and I give you a list of like seven or eight things
to get together beforehand, like your legal agreements,
like your potential trademarks, your domain names,
your copy, your books, any relationships
that you're building, any licenses.
Get all that stuff together.
And then we sit down for two to three hours.
I analyze all the stuff that you're doing.
I tell you which things could potentially be protected,
which things don't bother with.
It's a waste of time and money.
What shortcuts you can use
to actually become successful using those things,
what things you should never use at all.
Like I break it all down for you and you get the recording.
That's included as well.
So two to three hours on that.
I remember specifically,
actually I'll see if she can stop by
one of the next two days to speak to all of you.
She said, Eileen said,
I only have like a half hour worth of stuff.
She took three hours and change.
Like she wouldn't stop.
As we started talking, she realized,
oh, but there's this too.
And there's this too.
Can we talk about my other company too?
Then we went through like three different companies for her.
I don't care.
We can cover anything you want during that period.
I'm exclusively yours during that time
to cover anything on IP.
Next slide, please.
So thus far where you've got is at least,
at least $17,000 worth of value.
Cause I charged for an IP audit alone, 15 grand.
So let's go to the next slide.
But wait, there's more.
I love that.
It's like.
You're supposed to wait for my bonus slide.
Remember that?
But wait.
That cracks me up, I love that.
Okay, so here's the situation.
As you're going to implement the things
that I've talked to you about,
and as you're growing your company,
you're gonna continue to have questions.
It just happens.
Like you're starting to become very successful
at certain things.
You're starting to run into big problems.
You don't know what to do.
You don't wanna call a lawyer at 600 bucks an hour.
You'd rather kind of just say,
hey, in this kind of scenario,
in that kind of scenario,
what are the general things you have to think about?
I'm gonna meet with a software developer.
What are the things I need to think about?
You know, the inventor within my company
is leaving to go to my arch nemesis.
What are the things I need to think about?
And like I can lay those things out for you in the meeting.
Okay, all of that happens
in what's called the protection portal.
Once a month, we meet for an hour and a half
every single month.
You can email me questions in between.
During that session, I go through all the questions,
answer all the questions like we do in VIP.
And then on top of that,
there's a private Facebook group
where there's a ridiculously talented number of individuals
in the network.
These people run their own companies.
They've grown through this process as well.
Some of them have been in it for almost two years now.
And they all help each other as well.
They share resources.
And so this is called the protection portal.
It's a year membership.
That's included as well.
Why don't you go ahead to the next slide?
And with that, just so you know, that...
I love this picture with Joshua.
This is Joshua and I at a Pedro Odeo event in Las Vegas.
Joshua is one of my best friends.
And so I just had to throw this picture on here
because I thought it was hilarious.
So for you guys, this entire package you get for 59.95.
Okay.
This is available all week long
until Friday night, midnight.
All right.
Now, Ray, is that right?
Are we going to Friday night, midnight?
Or I saw you shaking your head.
I think so.
No, I was shaking, yeah, because I was thinking too.
I was like, yeah, it's Friday.
Okay, yeah.
So we're going to Friday at midnight.
So if you have any questions, you can email us.
But just so you guys are clear,
this is first come first serve.
So what I mean by that is when you guys register,
that's when you can book the time for the one-on-one.
So like, obviously the people that register later
are going to be on the calendar later, right?
Because we have specific times that are available each week.
We take, what is it?
Three a week, I think we do?
I think we do like three a week.
Two right now because things are so busy.
Yeah.
Yeah, so we do, right.
So we do about two audits a week.
And so, especially coming into the holidays,
if you want to do this,
I would take advantage of it as soon as possible.
Sign up, register.
Ray will drop the link for this.
There's more stuff that's actually added to this,
which we'll talk about in a second.
But this includes, again, the trademark application,
the trademark search, the IP audit, all of that,
and a year portal membership
so that as you're implementing the things
that we talked about, you can ask questions,
you can continue to grow,
and you don't have to worry about getting legal bills
every single time you're thinking,
oh my gosh, is this a trademark issue?
Is it a copyright issue?
Like, should I be concerned about a trade secret thing here?
Can I protect my website?
Can I protect my image?
Like, what do I do in this situation?
You can bring all those questions in
and you're not getting billed extra for that.
It's all included in this portal.
This was my heart in building my own firm.
This is what I wanted to create.
I wanted to create a place where the public
can get together, obtain high-level guidance
and education that is not available to the public.
You can't find this.
I guarantee you, look anywhere.
This doesn't exist.
There are no lawyers creating networks
where they don't charge people per hour.
Doesn't exist.
So this is intended to help you grow,
to allow you to ask questions, interact,
and continue to grow as an entity,
and take advantage of other resources
Go ahead, Ray.
But wait, there's more.
Okay, this cracks me up.
All right, and here's the final part, okay?
I just have too much fun with this.
I always get mad because you go so fast
and you miss my whole little light thing
over here going on.
The light thing looks awesome.
It looks incredible.
I like the light thing.
You're very talented.
Okay, so these are some of the perks that we add.
When you sign up for this package,
you can join the Protector Idea Challenge
at no cost for the entire year.
So that means every time that we run this,
you go in, there's no extra cost, okay?
For actually joining that challenge.
Go ahead, go to the next one.
And I have IP attorneys around the world.
I don't care what country it is.
If you have a legal issue,
I can guide you into working with different people.
I don't get perks for doing this, just so you understand.
I just have relationships with IP attorneys
in literally every country of the world.
So if you're selling product into Canada,
I might introduce you to Jeevers, right?
If you're selling product into Korea,
let's say you're going into like South Korea, right?
I can introduce you to specific law firms there.
I have law firms all over the world
that I've worked with over the last 25 years.
And then go to the next slide.
I think this is where we talk about the database.
Oh, the affiliate program's important as well.
So the way the affiliate program works
is that if you join in this package,
anyone that you refer into this, you receive 10% back.
So just so we're clear what that means.
If you refer one person who takes the challenge,
VIP, and the offer, you receive a check for $630.
For one person.
Okay, that's how our referral system works.
That's how our-
Minus transaction fees.
Minus transaction fees, right?
Minus the stripe fees.
Thank you.
All right, and then go to the last slide.
That should be it.
Okay, so this is the actual total cost.
So 59.95 is the cost for this.
And we actually have a backend database.
So all of your videos that you have from the challenge
and from VIP, you can stop the share,
from VIP and from the challenge
are all available to you for the full year.
And as we do the Protection Portal meetings,
those videos become available to you
for a full year as well.
So all of those things together are available to you
for 59.95.
If you have any questions, let me know.
And that's available until Friday at midnight.
Not that I'm gonna be watching the clock, but anyways.
That's the time that it ends.
So that's the package that I created for you guys
to try to help you, your businesses,
your loved ones in succeeding and going forward, okay?
All right, does that help?
Is this covering things that you guys think you'll need?
All right, awesome, good.
All right, if you have any questions, let me know.
And like I said, this is a first come first serve basis
so that if you did, I see somebody already registered, okay.
All right, well, so then you can actually
immediately ask for your time slot for the IP audit, okay?
And we'll also work with you before the IP audit
to let you know what to get.
And if we have that meeting and we feel like,
you know, there's additional material you should get,
I'm just gonna let you know,
because if you guys haven't figured this out yet,
I'm doing this to try to help you guys.
This really isn't about me, so.
All right, with that, I think we're gonna stop now.
Oh, yeah, right, go ahead.
And just a brief mention on there as well.
I believe we have the three pay on there for everyone.
Yeah, yeah, there's a three pay as well, right?
Yeah, so if you guys need it broken up into three payments,
we do have that option as well,
but we can't do the audit until that final payment
is actually completed because legal services are involved.
Gotcha, gotcha, yeah.
Yeah, and Natalie asked a really good question.
She says, what if I referred somebody
to join this week already?
So good question.
So if you referred somebody over
and they should be using your affiliate link, right?
They click on your affiliate link,
and they join through your affiliate link,
then that's in Lead Dino.
Everything's in the system.
So every affiliate actually has their own affiliate link.
Patty's nodding her head and others do that.
So what you do is you send your,
we have advertising material, all sorts of stuff,
and you have them click on your affiliate link,
then the second that they come into our system,
your name is attached to them immediately.
So if they purchase the offer or whatever,
I mean, we've sent tens of thousands of dollars
in affiliate fees out already.
It's a fun perk.
I just decided to do it because honestly,
if you guys are blessing others
and guiding them into here to get assistance,
you should be blessed too.
So that's why I created it.
Let me see, I didn't have an affiliate link.
Oh, okay, you didn't have an affiliate link.
Yeah, so did you take the protect?
Well, actually, let me talk to you after.
Does anybody have any questions with regard to the package
before I talk with Natalie?
I'll talk with Natalie separate.
Okay, so there's no questions there.
So what we'll do is we're gonna start in VIP at 8.35.
We're gonna be going over an actual trade.
trademark application filing, beginning to end.
Okay, so this is a pretty big deal.
We're gonna talk to you about how do you figure out
the recitation of goods, services,
the international class, all those things.
And what I'll drop in the Facebook group
is I'll actually drop for all of you,
there's a website that lists
all the international classes for you,
where you can literally just look
for whatever you're selling.
And do you have it already, Ray?
All right, why don't you drop it in the chat
and then we'll drop it in Facebook.
We actually have all these links available
for you guys already.
So these are all resources that we have
in the Protection Portal already.
But I just want you to have some of these things
on your own.
So there it is.
So this link here, thanks, Ray.
All right, so I'll show you what this looks like real fast.
Share screen.
Here we go.
All right, so this is a list
of all of the international classes.
See, class number one, class number two.
So when you're filing a trademark application,
what you have falls into an international class.
So if you're doing something like software,
you go right over here and you'll see class nine,
electrical and scientific apparatus.
Class nine covers software as well.
If you're not sure where it fits,
one of the things I tell people to do
is just type over here what the word is,
like software, and do a search.
And when you do a search, you can see the different places
that that word pops up.
And that should help you to kind of nail down
where here it is.
See, programs and computer software
are classified in class nine.
See that?
So you can type in the word itself
to figure out what international class it is.
If you're doing online classes,
training others through e-courses, anything like that,
that's international class 41.
So you go all the way down here.
41, here it is, education and entertainment.
So that's international class 41.
This link you can use to actually figure out
where your goods and services fall
in the international classes.
Now, why am I showing you this?
Imagine you hire a lawyer.
When you hire the lawyer, you say,
hey, and like Chandra calls up her lawyer and she says,
hey, I want to file a trademark application.
It's for Flexer, right?
F-L-E-X-I-R, okay?
It's for educational courses
associated with physical training
and it's an international class 41.
My date of first use is January 1st, 2023.
And here's a copy of my specimen and here's my website.
It shows the trademark right here.
Here are my services and there's the button for purchasing.
The lawyer is going to go, what the heck just happened?
Like how did you know,
like this is exactly what I need for filing?
We actually had a member do that.
She said that her lawyer said,
I have never had a client so prepared and so organized.
That was a Joe Wolf.
Yeah.
Brilliant, brilliant powerhouse.
Yeah, she's brilliant.
She's brilliant in and of itself,
but it decreased her costs.
I mean, honestly, if you're coming to the door
with everything done, it decreases the cost, right?
I mean, if you come to your auto mechanic and say,
here are the spark plugs.
I just need you to attach this thing and reconnect them.
You're not going to pay for the spark plugs.
Okay.
So that's what I'm trying to train you guys
and being able to do in this case.
So with that, let me close here in,
let's give it 10 minutes.
So at 840, we'll jump into doing
the trademark application and VIP.
So I'll see you guys there.
If anybody has questions about the offer, stay on now.
And I'm more than happy to answer any questions you have
in any way, shape or form.
This is something that's really important
and dear to our heart.
So just want to make sure this is available for you guys.
All right.
Have a good night guys.
Take care.
See you guys.
Question?
Peter?
Thank you.
Yes.
How are you, Kalia?
I have one quick question.
Yeah, of course.
If I'm going to be operating as a doctor,
would I keep Dr. Kalia or register that or just my name?
Why are you saying it out loud?
You can't register a name anyway.
For trademark purposes,
you can't register your name unless you're famous.
So.
big thing, Peter.
I had a joke, I had a joke, but it's not, it's not, it doesn't work for you.
I was going to say famous, not infamous, but then I know you, so I can't use that terminology
for you because you're so nice.
I was like, it doesn't even work for you, like, you're just, you're just the nicest
person out there.
So it doesn't even work.
But yeah, so in general, you can't, you can't register names.
Yeah.
Let's see.
All right.
Does any, so the people that are here right now, do you have questions in particular?
Are you guys just hanging out because you like me?
Is that it?
I love you guys.
You guys are amazing.