1 00:00:11,849 --> 00:00:18,160 thank you thank you thank you very much 2 00:00:16,170 --> 00:00:19,930 thank you very much ladies and gentlemen 3 00:00:18,160 --> 00:00:22,239 I am Marc Shaiman from the trademark 4 00:00:19,930 --> 00:00:23,320 information network big thank you to the 5 00:00:22,239 --> 00:00:25,210 United States Patent and Trademark 6 00:00:23,320 --> 00:00:26,859 Office for inviting us here today it's 7 00:00:25,210 --> 00:00:28,719 always great to come visit the campus 8 00:00:26,859 --> 00:00:31,930 and get a chance to talk to people about 9 00:00:28,719 --> 00:00:33,879 trademarks now uh with me today is of 10 00:00:31,930 --> 00:00:35,469 course our star investigative reporter 11 00:00:33,879 --> 00:00:37,780 Sandhya Mahajan 12 00:00:35,469 --> 00:00:42,280 that's right feel free to applaud good 13 00:00:37,780 --> 00:00:43,329 good okay oh so I'm just going to be 14 00:00:42,280 --> 00:00:45,790 gathering questions throughout the 15 00:00:43,329 --> 00:00:47,230 presentation today so if you have a 16 00:00:45,790 --> 00:00:48,670 question jot it down on one of the note 17 00:00:47,230 --> 00:00:50,739 cards that you'll see you in your seats 18 00:00:48,670 --> 00:00:52,239 and you can hand it in and if you want 19 00:00:50,739 --> 00:00:52,540 to include your name feel free to jot it 20 00:00:52,239 --> 00:00:54,730 down 21 00:00:52,540 --> 00:00:55,480 we'll probably answer a couple of those 22 00:00:54,730 --> 00:00:57,940 questions throughout the presentation 23 00:00:55,480 --> 00:01:00,760 and then we'll try and answer all the 24 00:00:57,940 --> 00:01:05,770 rest of them at the end so get your pens 25 00:01:00,760 --> 00:01:07,180 ready okay now before we get started I 26 00:01:05,770 --> 00:01:08,799 have a quick question for you 27 00:01:07,180 --> 00:01:10,990 now I understand most of you are 28 00:01:08,799 --> 00:01:13,719 entrepreneurs and small business owners 29 00:01:10,990 --> 00:01:17,619 how many of you have a business plan in 30 00:01:13,719 --> 00:01:20,560 place go ahead raise them up good now 31 00:01:17,619 --> 00:01:22,840 how many of you have a trademark 32 00:01:20,560 --> 00:01:29,109 component as part of your business plan 33 00:01:22,840 --> 00:01:31,569 okay I was afraid of that trademarks are 34 00:01:29,109 --> 00:01:34,749 an essential part of your business they 35 00:01:31,569 --> 00:01:36,399 represent your goodwill your reputation 36 00:01:34,749 --> 00:01:38,289 and their how people can tell the 37 00:01:36,399 --> 00:01:40,090 difference between the products and 38 00:01:38,289 --> 00:01:42,609 services that your business offers and 39 00:01:40,090 --> 00:01:44,380 what other businesses offer but here's 40 00:01:42,609 --> 00:01:45,999 the good news you here today 41 00:01:44,380 --> 00:01:48,189 you're going to learn about trademarks 42 00:01:45,999 --> 00:01:50,049 and you can go back to your office or to 43 00:01:48,189 --> 00:01:51,670 your kitchen table or the coffee shop 44 00:01:50,049 --> 00:01:55,539 around the corner and start working 45 00:01:51,670 --> 00:01:57,310 trademarks into your business plan what 46 00:01:55,539 --> 00:02:01,689 we're going to do today is break down 47 00:01:57,310 --> 00:02:03,700 the basic facts about trademarks first 48 00:02:01,689 --> 00:02:06,759 we want you to understand what a 49 00:02:03,700 --> 00:02:10,840 trademark is and how it differs from a 50 00:02:06,759 --> 00:02:12,220 patent or copyright second we're going 51 00:02:10,840 --> 00:02:14,770 to discuss the benefits of federal 52 00:02:12,220 --> 00:02:16,630 registration now you're all business 53 00:02:14,770 --> 00:02:18,880 people right you wouldn't want to spend 54 00:02:16,630 --> 00:02:20,020 money to apply for a trademark without 55 00:02:18,880 --> 00:02:23,110 knowing what you could get in return 56 00:02:20,020 --> 00:02:24,490 right so we'll talk about what a federal 57 00:02:23,110 --> 00:02:27,310 registration can do for 58 00:02:24,490 --> 00:02:30,520 your business third we want you to 59 00:02:27,310 --> 00:02:33,010 understand how to select or choose or or 60 00:02:30,520 --> 00:02:36,580 create your own trademark and believe me 61 00:02:33,010 --> 00:02:38,350 folks this part is key the same concepts 62 00:02:36,580 --> 00:02:40,150 apply if you don't have a trademark yet 63 00:02:38,350 --> 00:02:42,220 or if you have one already and you think 64 00:02:40,150 --> 00:02:43,630 it's pretty great okay seriously if you 65 00:02:42,220 --> 00:02:45,100 were part of that latter group and you 66 00:02:43,630 --> 00:02:47,320 think you have a fantastic trademark 67 00:02:45,100 --> 00:02:49,180 stay with me here okay you want to make 68 00:02:47,320 --> 00:02:52,120 sure that your trademark is federally 69 00:02:49,180 --> 00:02:54,010 registered and legally protected if it's 70 00:02:52,120 --> 00:02:56,140 not you could be wasting valuable time 71 00:02:54,010 --> 00:03:00,190 and money and you might even be opening 72 00:02:56,140 --> 00:03:01,780 up your business to a lawsuit fourth we 73 00:03:00,190 --> 00:03:03,700 want you to understand what resources 74 00:03:01,780 --> 00:03:06,100 are available to you if you need help 75 00:03:03,700 --> 00:03:07,690 during the application process now lots 76 00:03:06,100 --> 00:03:09,700 of people ask whether they need to hire 77 00:03:07,690 --> 00:03:11,350 an attorney or whether they can do it on 78 00:03:09,700 --> 00:03:13,210 their own we're going to talk about that 79 00:03:11,350 --> 00:03:15,190 as well as give you some suggestions on 80 00:03:13,210 --> 00:03:17,110 where you can turn for help by the end 81 00:03:15,190 --> 00:03:19,840 you should know how to select and apply 82 00:03:17,110 --> 00:03:21,550 for a trademark registration so that 83 00:03:19,840 --> 00:03:23,440 trademark will be federally registered 84 00:03:21,550 --> 00:03:24,790 and legally protected and that's an 85 00:03:23,440 --> 00:03:25,870 asset that's going to help your business 86 00:03:24,790 --> 00:03:29,950 grow over time 87 00:03:25,870 --> 00:03:31,390 and speaking of valuable assets 88 00:03:29,950 --> 00:03:34,120 I thought we'd use some examples that 89 00:03:31,390 --> 00:03:36,100 you might recognize okay no favoritism 90 00:03:34,120 --> 00:03:38,590 here of course these are all marks 91 00:03:36,100 --> 00:03:40,960 appearing on a recent Interbrand list of 92 00:03:38,590 --> 00:03:42,730 top 100 global brands now we're only 93 00:03:40,960 --> 00:03:44,950 using them here because trademark 94 00:03:42,730 --> 00:03:47,320 concepts can sometimes be complex and 95 00:03:44,950 --> 00:03:50,920 real-world examples often make the 96 00:03:47,320 --> 00:03:52,690 concepts easier to understand so with 97 00:03:50,920 --> 00:03:54,940 all that out of the way sit back and 98 00:03:52,690 --> 00:03:59,380 find something to take notes on we have 99 00:03:54,940 --> 00:04:04,090 a lot to discuss first things first what 100 00:03:59,380 --> 00:04:07,720 is a trademark well the legal definition 101 00:04:04,090 --> 00:04:10,090 of a trademark is any word slogan symbol 102 00:04:07,720 --> 00:04:12,190 design or combination of these things 103 00:04:10,090 --> 00:04:14,440 that identifies the source of your goods 104 00:04:12,190 --> 00:04:15,960 and services and distinguishes them from 105 00:04:14,440 --> 00:04:18,370 the goods and services of another party 106 00:04:15,960 --> 00:04:21,910 but the easiest way to think about it is 107 00:04:18,370 --> 00:04:24,250 this a trademark is a brand for goods 108 00:04:21,910 --> 00:04:27,970 and services let's look at a couple of 109 00:04:24,250 --> 00:04:30,400 examples now you probably recognize 110 00:04:27,970 --> 00:04:33,700 these as brands for soft drinks right we 111 00:04:30,400 --> 00:04:36,490 have Coca Cola and Pepsi now when you 112 00:04:33,700 --> 00:04:38,230 see each mark on a can or a bottle you 113 00:04:36,490 --> 00:04:40,720 immediately know the source 114 00:04:38,230 --> 00:04:43,240 of the beverage now you also know that 115 00:04:40,720 --> 00:04:45,730 it's not the competitors beverage see it 116 00:04:43,240 --> 00:04:47,560 distinguishes them that way you don't 117 00:04:45,730 --> 00:04:49,980 drink a Coke when you want a Pepsi and 118 00:04:47,560 --> 00:04:54,310 vice versa 119 00:04:49,980 --> 00:04:57,430 now coca-cola is a trademark in itself 120 00:04:54,310 --> 00:04:59,520 but as you can see here it is also 121 00:04:57,430 --> 00:05:01,960 displayed in a distinctive script and 122 00:04:59,520 --> 00:05:06,070 the display of the wording in that 123 00:05:01,960 --> 00:05:08,950 stylized form is also a mark Pepsi is 124 00:05:06,070 --> 00:05:11,170 also a word mark but as you can see here 125 00:05:08,950 --> 00:05:13,060 it is also shown in a particular format 126 00:05:11,170 --> 00:05:16,900 and the combination of the wording and 127 00:05:13,060 --> 00:05:18,580 the design well that's also a mark now 128 00:05:16,900 --> 00:05:22,330 as you remember I said that a trademark 129 00:05:18,580 --> 00:05:24,820 can be a word slogan symbol design or 130 00:05:22,330 --> 00:05:25,180 combination of these things that's not 131 00:05:24,820 --> 00:05:27,610 all 132 00:05:25,180 --> 00:05:31,690 a trademark isn't limited to just words 133 00:05:27,610 --> 00:05:34,480 and designs it could be a sound or a 134 00:05:31,690 --> 00:05:36,400 color or even a smell pretty much 135 00:05:34,480 --> 00:05:38,830 anything can be a trademark or service 136 00:05:36,400 --> 00:05:41,020 mark so long as it identifies the source 137 00:05:38,830 --> 00:05:42,340 of goods and services and distinguishes 138 00:05:41,020 --> 00:05:45,880 them from the goods and services of 139 00:05:42,340 --> 00:05:49,300 others yes Sandia looks like we have our 140 00:05:45,880 --> 00:05:51,070 first question yes we do Steve asks if 141 00:05:49,300 --> 00:05:53,920 there's a difference between a trademark 142 00:05:51,070 --> 00:05:57,220 and a service mark great question 143 00:05:53,920 --> 00:05:59,560 yes there is technically a trademark 144 00:05:57,220 --> 00:06:02,770 identifies the source of goods like 145 00:05:59,560 --> 00:06:06,090 shoes or laptops a service mark 146 00:06:02,770 --> 00:06:09,430 identifies the source of services like 147 00:06:06,090 --> 00:06:12,160 landscaping or accounting but here's the 148 00:06:09,430 --> 00:06:14,470 thing in everyday language people often 149 00:06:12,160 --> 00:06:16,840 refer to a service mark as a trademark 150 00:06:14,470 --> 00:06:18,520 ok so throughout the talk today we'll 151 00:06:16,840 --> 00:06:20,290 just use the words trademark and mark 152 00:06:18,520 --> 00:06:23,710 for shorthand and if people call me mark 153 00:06:20,290 --> 00:06:26,110 I'll try not to get too confused alright 154 00:06:23,710 --> 00:06:28,690 so now that we know what a trademark is 155 00:06:26,110 --> 00:06:31,630 how is it different from a patent or 156 00:06:28,690 --> 00:06:34,420 from a copyright ok what breaks down 157 00:06:31,630 --> 00:06:36,700 this way as we've already learned a 158 00:06:34,420 --> 00:06:39,340 trademark is a brand for goods and 159 00:06:36,700 --> 00:06:42,610 services and a patent on the other hand 160 00:06:39,340 --> 00:06:45,460 protects inventions like new engines or 161 00:06:42,610 --> 00:06:47,020 solar panels and the copyright well it 162 00:06:45,460 --> 00:06:50,170 protects original artistic and literary 163 00:06:47,020 --> 00:06:51,670 works like songs and movies and books 164 00:06:50,170 --> 00:06:53,500 so although 165 00:06:51,670 --> 00:06:56,670 three of these here can be used together 166 00:06:53,500 --> 00:06:59,710 they don't protect the exact same things 167 00:06:56,670 --> 00:07:02,260 so for example let's say that Samsung 168 00:06:59,710 --> 00:07:04,300 has invented a new type of vacuum 169 00:07:02,260 --> 00:07:07,480 cleaner right well it might apply for a 170 00:07:04,300 --> 00:07:09,970 patent right for the invention itself it 171 00:07:07,480 --> 00:07:11,650 could also apply for a trademark right 172 00:07:09,970 --> 00:07:14,230 for the brand name that's used on the 173 00:07:11,650 --> 00:07:16,870 vacuum and it might want to register a 174 00:07:14,230 --> 00:07:20,920 copyright for the TV commercial that it 175 00:07:16,870 --> 00:07:23,920 uses to market the product so those are 176 00:07:20,920 --> 00:07:26,620 three different types of protection for 177 00:07:23,920 --> 00:07:29,500 what are known as intellectual property 178 00:07:26,620 --> 00:07:31,240 we've got brands inventions and original 179 00:07:29,500 --> 00:07:32,830 artistic works now they're all equally 180 00:07:31,240 --> 00:07:33,880 important and they all protect different 181 00:07:32,830 --> 00:07:35,920 parts of your intellectual property 182 00:07:33,880 --> 00:07:38,020 portfolio yes 183 00:07:35,920 --> 00:07:40,330 Sonya looks at another question go ahead 184 00:07:38,020 --> 00:07:42,430 Roger says he already has an Internet 185 00:07:40,330 --> 00:07:44,560 domain name as well as a business name 186 00:07:42,430 --> 00:07:45,910 he's wondering if that means he doesn't 187 00:07:44,560 --> 00:07:48,400 need to worry about registering a 188 00:07:45,910 --> 00:07:49,660 trademark great question Roger now I was 189 00:07:48,400 --> 00:07:51,010 just going to get to those differences 190 00:07:49,660 --> 00:07:55,780 perfect timing 191 00:07:51,010 --> 00:07:57,880 thanks Sonya okay so I get this question 192 00:07:55,780 --> 00:07:59,520 a lot and there's a lot of confusion 193 00:07:57,880 --> 00:08:01,930 about it maybe because the word 194 00:07:59,520 --> 00:08:05,050 registration is involved I don't know 195 00:08:01,930 --> 00:08:07,810 but let me ask you this what is a domain 196 00:08:05,050 --> 00:08:10,300 name anybody shout it out no need for 197 00:08:07,810 --> 00:08:14,350 mic good great that's right that's right 198 00:08:10,300 --> 00:08:16,510 it's a web address it's the wording that 199 00:08:14,350 --> 00:08:19,090 people type into the address bar of a 200 00:08:16,510 --> 00:08:20,740 web browser to go to your site or it 201 00:08:19,090 --> 00:08:24,630 could be the hyperlink that people click 202 00:08:20,740 --> 00:08:30,310 on to get to your site like USPTO gov or 203 00:08:24,630 --> 00:08:32,770 copyright gov or one of my favorites tea 204 00:08:30,310 --> 00:08:35,170 Marquis com tea marquee of course being 205 00:08:32,770 --> 00:08:37,750 the official mascot of the trademark 206 00:08:35,170 --> 00:08:40,479 office now most of you here are 207 00:08:37,750 --> 00:08:44,710 businesspeople how many of you have a 208 00:08:40,479 --> 00:08:46,330 website for your business good good good 209 00:08:44,710 --> 00:08:48,850 good good that's great to see now now 210 00:08:46,330 --> 00:08:51,250 when you register that domain name did 211 00:08:48,850 --> 00:08:54,910 you use the USPTO to secure that web 212 00:08:51,250 --> 00:08:56,710 address no right you registered it 213 00:08:54,910 --> 00:08:58,540 through one of the domain name registrar 214 00:08:56,710 --> 00:09:00,460 companies right where they advertise a 215 00:08:58,540 --> 00:09:02,950 domain name for like eight bucks a year 216 00:09:00,460 --> 00:09:05,470 or something like that right now that 217 00:09:02,950 --> 00:09:06,970 means that you've secured a web address 218 00:09:05,470 --> 00:09:09,880 it does not mean you have trademark 219 00:09:06,970 --> 00:09:12,130 rights in that wording in fact if you 220 00:09:09,880 --> 00:09:14,410 register a domain name that includes the 221 00:09:12,130 --> 00:09:17,320 trademark of another party you may have 222 00:09:14,410 --> 00:09:20,170 to surrender that domain name so a 223 00:09:17,320 --> 00:09:24,010 domain name registration does not equal 224 00:09:20,170 --> 00:09:25,300 a trademark registration but hang on you 225 00:09:24,010 --> 00:09:27,160 might be thinking what about all those 226 00:09:25,300 --> 00:09:29,770 companies out there that have dot-com in 227 00:09:27,160 --> 00:09:32,650 their name like amazon.com aren't those 228 00:09:29,770 --> 00:09:36,010 both trademarks and domain names yes 229 00:09:32,650 --> 00:09:39,010 they sometimes are a domain name can 230 00:09:36,010 --> 00:09:41,260 function as a trademark so long as it is 231 00:09:39,010 --> 00:09:44,280 used in a way that it identifies the 232 00:09:41,260 --> 00:09:48,310 source of particular goods and services 233 00:09:44,280 --> 00:09:50,950 let's take a look at amazon.com now you 234 00:09:48,310 --> 00:09:54,940 can see that amazon.com is used as a web 235 00:09:50,950 --> 00:09:57,790 address here and it is also registered 236 00:09:54,940 --> 00:10:00,940 as a mark for an online retail store see 237 00:09:57,790 --> 00:10:04,240 right up here and down here 238 00:10:00,940 --> 00:10:07,420 it is used as a source identifier does 239 00:10:04,240 --> 00:10:09,490 that make sense okay good there is also 240 00:10:07,420 --> 00:10:12,220 a difference between a trademark and a 241 00:10:09,490 --> 00:10:14,380 business name a business name is just 242 00:10:12,220 --> 00:10:16,510 that it is simply the name under which 243 00:10:14,380 --> 00:10:19,540 you do business in a particular state or 244 00:10:16,510 --> 00:10:20,830 jurisdiction if your state requires that 245 00:10:19,540 --> 00:10:22,870 your business name is registered with 246 00:10:20,830 --> 00:10:25,750 your specific state I'm sure most of you 247 00:10:22,870 --> 00:10:28,270 have done so already however a business 248 00:10:25,750 --> 00:10:30,880 name registration with your state does 249 00:10:28,270 --> 00:10:33,370 not grant you trademark rights it merely 250 00:10:30,880 --> 00:10:36,970 means that a particular state allows you 251 00:10:33,370 --> 00:10:38,740 to do business under that name now can a 252 00:10:36,970 --> 00:10:41,980 business name also be a trademark of 253 00:10:38,740 --> 00:10:43,570 course just like a domain name it all 254 00:10:41,980 --> 00:10:46,330 depends on how you use it 255 00:10:43,570 --> 00:10:48,190 so if you use your business name to 256 00:10:46,330 --> 00:10:50,680 identify the source of your goods and 257 00:10:48,190 --> 00:10:52,630 services and distinguish them from the 258 00:10:50,680 --> 00:10:55,480 goods and services of another that's 259 00:10:52,630 --> 00:10:57,070 trademark use to enjoy the nationwide 260 00:10:55,480 --> 00:10:59,440 rights offered by a federal trademark 261 00:10:57,070 --> 00:11:01,360 registration you must file an 262 00:10:59,440 --> 00:11:05,080 application and receive a registration 263 00:11:01,360 --> 00:11:07,690 from the USPTO individual states also 264 00:11:05,080 --> 00:11:09,700 offer to register trademarks but any 265 00:11:07,690 --> 00:11:13,900 protection granted is limited to that 266 00:11:09,700 --> 00:11:16,630 state so Roger 267 00:11:13,900 --> 00:11:18,220 there you are to recap just because you 268 00:11:16,630 --> 00:11:19,209 have a domain name and a business name 269 00:11:18,220 --> 00:11:21,429 it does not mean 270 00:11:19,209 --> 00:11:23,050 you have a trademark registration okay 271 00:11:21,429 --> 00:11:25,329 you have to use those names as 272 00:11:23,050 --> 00:11:28,449 trademarks in order for them to become 273 00:11:25,329 --> 00:11:29,920 trademarks and to obtain the benefits of 274 00:11:28,449 --> 00:11:31,269 a federal trademark registration you 275 00:11:29,920 --> 00:11:32,920 have to make sure that you apply for and 276 00:11:31,269 --> 00:11:34,480 get a registration through the United 277 00:11:32,920 --> 00:11:35,709 States Patent and Trademark Office okay 278 00:11:34,480 --> 00:11:37,329 great 279 00:11:35,709 --> 00:11:39,220 now just to make sure that everything is 280 00:11:37,329 --> 00:11:42,300 clear this is how it all breaks down 281 00:11:39,220 --> 00:11:45,160 okay well you have trademarks are brands 282 00:11:42,300 --> 00:11:47,559 patents are going to protect inventions 283 00:11:45,160 --> 00:11:50,199 copyrights protect original artistic 284 00:11:47,559 --> 00:11:52,809 works domain names are web addresses and 285 00:11:50,199 --> 00:11:54,490 business names are just the entity name 286 00:11:52,809 --> 00:11:57,069 under which you have permission to do 287 00:11:54,490 --> 00:11:59,740 business in a particular state now 288 00:11:57,069 --> 00:12:01,720 patents and trademarks are both handled 289 00:11:59,740 --> 00:12:05,230 by the USPTO for more information check 290 00:12:01,720 --> 00:12:06,879 out uspto.gov for copyrights you're 291 00:12:05,230 --> 00:12:09,329 going to want to go to the Copyright 292 00:12:06,879 --> 00:12:12,699 Office website which is copyright gov 293 00:12:09,329 --> 00:12:15,369 domain names are handled by domain name 294 00:12:12,699 --> 00:12:17,139 registrars check internet net for a list 295 00:12:15,369 --> 00:12:19,149 of all those different domain name 296 00:12:17,139 --> 00:12:20,379 registrars and business names you want 297 00:12:19,149 --> 00:12:23,459 to check with your Secretary of State's 298 00:12:20,379 --> 00:12:27,369 website and get more information there 299 00:12:23,459 --> 00:12:30,069 okay so now that we know what trademarks 300 00:12:27,369 --> 00:12:31,569 are we need to know why it's important 301 00:12:30,069 --> 00:12:33,790 to register them with the United States 302 00:12:31,569 --> 00:12:36,309 Patent and Trademark Office now a lot of 303 00:12:33,790 --> 00:12:38,319 people ask me is federal registration on 304 00:12:36,309 --> 00:12:42,519 my trademark required and the quick 305 00:12:38,319 --> 00:12:45,639 answer is no but it will enhance your 306 00:12:42,519 --> 00:12:47,980 rights so in the United States trademark 307 00:12:45,639 --> 00:12:50,410 rights are created through use of your 308 00:12:47,980 --> 00:12:52,689 mark in commerce right and not through 309 00:12:50,410 --> 00:12:55,389 registration and these use based rights 310 00:12:52,689 --> 00:12:57,339 are known as common law rights the 311 00:12:55,389 --> 00:13:00,549 rights however are limited often to a 312 00:12:57,339 --> 00:13:01,839 particular geographic area now in me and 313 00:13:00,549 --> 00:13:04,329 that means it might be hard for you to 314 00:13:01,839 --> 00:13:05,980 enforce those rights outside of that 315 00:13:04,329 --> 00:13:08,730 limited scope and it might be hard for 316 00:13:05,980 --> 00:13:12,670 other people to know about your rights 317 00:13:08,730 --> 00:13:15,040 so federal registration is going to 318 00:13:12,670 --> 00:13:16,540 greatly enhance your rights specifically 319 00:13:15,040 --> 00:13:18,670 registering your mark is going to give 320 00:13:16,540 --> 00:13:20,410 you the following benefits first it 321 00:13:18,670 --> 00:13:22,600 creates a legal presumption that you are 322 00:13:20,410 --> 00:13:23,799 the owner of the mark otherwise that's 323 00:13:22,600 --> 00:13:25,269 something that you are going to have to 324 00:13:23,799 --> 00:13:27,309 prove if you wanted to enforce your 325 00:13:25,269 --> 00:13:31,269 registration in either in or out of 326 00:13:27,309 --> 00:13:32,980 court - it gives you a legal presumption 327 00:13:31,269 --> 00:13:34,870 of the exclusive right to 328 00:13:32,980 --> 00:13:36,670 use your mark nationwide with the goods 329 00:13:34,870 --> 00:13:39,399 and services that are identified in your 330 00:13:36,670 --> 00:13:41,889 registration now that's in contrast to a 331 00:13:39,399 --> 00:13:43,329 state trademark registration which only 332 00:13:41,889 --> 00:13:45,850 gives you rights within the borders of a 333 00:13:43,329 --> 00:13:47,380 particular state so federal registration 334 00:13:45,850 --> 00:13:49,149 is going to give you a presumption of 335 00:13:47,380 --> 00:13:52,360 rights throughout the entire United 336 00:13:49,149 --> 00:13:54,100 States and its territories it puts the 337 00:13:52,360 --> 00:13:56,170 public on notice that you are the owner 338 00:13:54,100 --> 00:13:58,120 of the mark if there's a question as to 339 00:13:56,170 --> 00:14:01,389 who owns the mark it can be looked up in 340 00:13:58,120 --> 00:14:04,240 the USPTO s online database and that's 341 00:14:01,389 --> 00:14:06,820 the fourth benefit being listed and the 342 00:14:04,240 --> 00:14:09,250 USPTO s database means that others 343 00:14:06,820 --> 00:14:10,899 considering potential marks can find 344 00:14:09,250 --> 00:14:13,389 your marks when they search the database 345 00:14:10,899 --> 00:14:15,519 to see if thier mark is available the 346 00:14:13,389 --> 00:14:17,589 existence of your mark in the database 347 00:14:15,519 --> 00:14:20,920 can help others avoid selecting a mark 348 00:14:17,589 --> 00:14:23,620 that is too similar to yours in addition 349 00:14:20,920 --> 00:14:26,199 the USPTO relies on the same database 350 00:14:23,620 --> 00:14:27,730 for its own search and it will find your 351 00:14:26,199 --> 00:14:30,490 mark when examining someone else's 352 00:14:27,730 --> 00:14:32,829 application the USPTO will then cite 353 00:14:30,490 --> 00:14:34,540 your registration against a confusingly 354 00:14:32,829 --> 00:14:36,940 similar mark in a later filed 355 00:14:34,540 --> 00:14:41,889 application preventing a potentially 356 00:14:36,940 --> 00:14:44,019 conflicting mark from registering 5 a 357 00:14:41,889 --> 00:14:46,389 federal trademark registration gives you 358 00:14:44,019 --> 00:14:48,430 the ability to record your trademark 359 00:14:46,389 --> 00:14:50,410 with US Customs and Border Protection's 360 00:14:48,430 --> 00:14:53,019 that agency will use your trademark 361 00:14:50,410 --> 00:14:56,310 registration to prevent importation of 362 00:14:53,019 --> 00:14:59,440 infringing or counterfeit foreign goods 363 00:14:56,310 --> 00:15:01,870 6 you have the right to bring legal 364 00:14:59,440 --> 00:15:06,730 action concerning the registered mark in 365 00:15:01,870 --> 00:15:08,860 federal court 7 you have the ability to 366 00:15:06,730 --> 00:15:10,839 use your u.s. trademark registration as 367 00:15:08,860 --> 00:15:12,329 a basis for applying for a trademark 368 00:15:10,839 --> 00:15:14,800 registration in many foreign countries 369 00:15:12,329 --> 00:15:16,449 it's a great benefit when your business 370 00:15:14,800 --> 00:15:21,069 takes off and you become a global 371 00:15:16,449 --> 00:15:22,510 phenomenon right ok and 8 a federal 372 00:15:21,069 --> 00:15:24,519 trademark registration means that you 373 00:15:22,510 --> 00:15:26,500 have the right to use the coveted are in 374 00:15:24,519 --> 00:15:28,510 the circles symbol with your mark and 375 00:15:26,500 --> 00:15:30,610 that's something you cannot do unless 376 00:15:28,510 --> 00:15:32,680 your mark is federally registered that 377 00:15:30,610 --> 00:15:34,449 symbol indicates that you have federally 378 00:15:32,680 --> 00:15:35,589 registered your trademark with the 379 00:15:34,449 --> 00:15:38,380 United States Patent and Trademark 380 00:15:35,589 --> 00:15:40,510 Office it puts the public on notice that 381 00:15:38,380 --> 00:15:43,180 your mark is registered and that you 382 00:15:40,510 --> 00:15:45,279 have nationwide rights in it now it can 383 00:15:43,180 --> 00:15:46,390 also serve to cut off the rights of 384 00:15:45,279 --> 00:15:48,730 others who might 385 00:15:46,390 --> 00:15:52,180 started using the same mark after you 386 00:15:48,730 --> 00:15:55,540 applied to register your mark so as you 387 00:15:52,180 --> 00:15:57,730 can see registration provides a lot of 388 00:15:55,540 --> 00:16:00,490 benefits and it probably explains why 389 00:15:57,730 --> 00:16:05,920 the USPTO has registered millions of 390 00:16:00,490 --> 00:16:08,350 trademarks over the years okay so let's 391 00:16:05,920 --> 00:16:11,160 see where we are you've decided that 392 00:16:08,350 --> 00:16:13,360 your business needs to protect its brand 393 00:16:11,160 --> 00:16:15,340 so you've determined that what you need 394 00:16:13,360 --> 00:16:18,220 is a trademark registration and not a 395 00:16:15,340 --> 00:16:20,560 patent or copyright and you've 396 00:16:18,220 --> 00:16:22,450 determined that pursuing the benefits of 397 00:16:20,560 --> 00:16:25,090 a federal trademark registration is the 398 00:16:22,450 --> 00:16:27,610 right investment for your business the 399 00:16:25,090 --> 00:16:30,550 question then becomes what's your 400 00:16:27,610 --> 00:16:32,770 trademark do you have one already one 401 00:16:30,550 --> 00:16:34,510 that you'd like to use or no idea at all 402 00:16:32,770 --> 00:16:38,410 and you're open to any good ideas that 403 00:16:34,510 --> 00:16:40,690 come along well before you apply for 404 00:16:38,410 --> 00:16:42,670 federal registration it's important to 405 00:16:40,690 --> 00:16:45,250 understand that not everything that you 406 00:16:42,670 --> 00:16:48,880 want to register as a trademark can be 407 00:16:45,250 --> 00:16:50,920 registered the USPTO examines every 408 00:16:48,880 --> 00:16:53,950 application for compliance with federal 409 00:16:50,920 --> 00:16:55,930 laws and rules and if the application 410 00:16:53,950 --> 00:16:58,780 doesn't comply the office will send a 411 00:16:55,930 --> 00:17:01,090 refusal letter known as an office action 412 00:16:58,780 --> 00:17:04,199 now in some cases it's possible to 413 00:17:01,090 --> 00:17:07,750 overcome the refusal but not always in 414 00:17:04,199 --> 00:17:09,730 addition even if the USPTO registers 415 00:17:07,750 --> 00:17:13,000 your mark it doesn't mean it won't be 416 00:17:09,730 --> 00:17:15,310 challenged later on by another party so 417 00:17:13,000 --> 00:17:16,510 to help you avoid those situations we 418 00:17:15,310 --> 00:17:18,880 need to talk about what some of the 419 00:17:16,510 --> 00:17:22,270 common pitfalls are and how to avoid 420 00:17:18,880 --> 00:17:24,850 them the most common reason for refusal 421 00:17:22,270 --> 00:17:28,120 and the most common pitfall is what is 422 00:17:24,850 --> 00:17:30,160 known as likelihood of confusion that's 423 00:17:28,120 --> 00:17:32,500 a likelihood of confusion between the 424 00:17:30,160 --> 00:17:34,330 mark and your application and a mark 425 00:17:32,500 --> 00:17:37,630 that is federally registered to another 426 00:17:34,330 --> 00:17:41,710 party now typically the refusal arises 427 00:17:37,630 --> 00:17:44,710 when two key elements are present one 428 00:17:41,710 --> 00:17:47,250 the marks are similar and two the goods 429 00:17:44,710 --> 00:17:51,820 and services of the parties are related 430 00:17:47,250 --> 00:17:54,220 that is the marks look alike sound alike 431 00:17:51,820 --> 00:17:57,670 have similar meanings or create similar 432 00:17:54,220 --> 00:18:00,160 commercial impressions and in addition 433 00:17:57,670 --> 00:18:02,530 the goods and services of the parties 434 00:18:00,160 --> 00:18:04,840 are related in such a way that consumers 435 00:18:02,530 --> 00:18:07,150 would mistakenly believe that the goods 436 00:18:04,840 --> 00:18:08,770 and services coming from your company 437 00:18:07,150 --> 00:18:10,270 and the goods and services coming from 438 00:18:08,770 --> 00:18:12,010 the other company are all coming from 439 00:18:10,270 --> 00:18:15,730 one source okay 440 00:18:12,010 --> 00:18:18,490 so note that the marks and the goods do 441 00:18:15,730 --> 00:18:22,090 not need to be identical okay they only 442 00:18:18,490 --> 00:18:24,970 need to be similar and related all right 443 00:18:22,090 --> 00:18:27,960 let's take a look at an example so what 444 00:18:24,970 --> 00:18:30,550 if the mark X seed is registered for 445 00:18:27,960 --> 00:18:33,460 agricultural seeds now you want to 446 00:18:30,550 --> 00:18:37,090 register the mark X seed for live plants 447 00:18:33,460 --> 00:18:39,460 at first glance the marks are not 448 00:18:37,090 --> 00:18:42,250 identical and the goods are not 449 00:18:39,460 --> 00:18:47,650 identical they are however similar and 450 00:18:42,250 --> 00:18:51,550 related in particular when spoken the 451 00:18:47,650 --> 00:18:53,250 marks sound similar see exede right the 452 00:18:51,550 --> 00:18:55,690 USPTO considers all possible 453 00:18:53,250 --> 00:18:57,940 pronunciations of a mark so both marks 454 00:18:55,690 --> 00:18:59,950 may be pronounced the same way even if 455 00:18:57,940 --> 00:19:02,170 one party may have intended the mark to 456 00:18:59,950 --> 00:19:06,370 be pronounced differently in addition 457 00:19:02,170 --> 00:19:08,110 the the goods here are related see that 458 00:19:06,370 --> 00:19:11,130 is the same companies that sell live 459 00:19:08,110 --> 00:19:13,900 plants also sell agricultural seeds as 460 00:19:11,130 --> 00:19:15,520 such consumers are likely to believe 461 00:19:13,900 --> 00:19:17,470 that both the live plants and the 462 00:19:15,520 --> 00:19:21,280 agricultural seeds come from the same 463 00:19:17,470 --> 00:19:23,350 company right the exede company now here 464 00:19:21,280 --> 00:19:24,640 your mark will be refused and you will 465 00:19:23,350 --> 00:19:25,540 not be allowed to register it with the 466 00:19:24,640 --> 00:19:27,430 USPTO 467 00:19:25,540 --> 00:19:28,960 you would have wasted valuable time and 468 00:19:27,430 --> 00:19:31,060 money that you could have otherwise 469 00:19:28,960 --> 00:19:34,720 spent on selecting a mark that is 470 00:19:31,060 --> 00:19:37,240 actually registrable sonya looks like we 471 00:19:34,720 --> 00:19:38,800 have a question yes we do Linda would 472 00:19:37,240 --> 00:19:40,750 like to know if there are any situations 473 00:19:38,800 --> 00:19:43,410 where identical marks can coexist 474 00:19:40,750 --> 00:19:46,360 great question yes yes yes there are 475 00:19:43,410 --> 00:19:48,190 generally two identical marks can 476 00:19:46,360 --> 00:19:50,950 coexist so long as the goods and 477 00:19:48,190 --> 00:19:53,740 services are unrelated okay so let's say 478 00:19:50,950 --> 00:19:57,280 for example that the mark 479 00:19:53,740 --> 00:19:59,350 Linda is registered for gardening gloves 480 00:19:57,280 --> 00:20:02,110 but you would like to register the mark 481 00:19:59,350 --> 00:20:04,360 Linda for photography services right and 482 00:20:02,110 --> 00:20:06,610 let's also assume that that no court has 483 00:20:04,360 --> 00:20:08,620 held that the mark the Linda mark is 484 00:20:06,610 --> 00:20:10,870 actually a famous mark okay now 485 00:20:08,620 --> 00:20:12,880 customers aren't accustomed to seeing 486 00:20:10,870 --> 00:20:13,970 gardening gloves and photography 487 00:20:12,880 --> 00:20:16,190 services coming from the 488 00:20:13,970 --> 00:20:18,110 company so those goods and services are 489 00:20:16,190 --> 00:20:20,300 considered to be unrelated and there is 490 00:20:18,110 --> 00:20:22,790 no likelihood of confusion so yes in 491 00:20:20,300 --> 00:20:25,160 some cases two identical marks can 492 00:20:22,790 --> 00:20:25,580 register thanks for jumping in with that 493 00:20:25,160 --> 00:20:27,290 question 494 00:20:25,580 --> 00:20:31,340 that's Gopal thank you it's important 495 00:20:27,290 --> 00:20:33,100 thing to keep in mind all right now to 496 00:20:31,340 --> 00:20:35,120 help you avoid a likelihood of confusion 497 00:20:33,100 --> 00:20:37,910 you should do what is known as a 498 00:20:35,120 --> 00:20:39,650 trademark clearance search that involves 499 00:20:37,910 --> 00:20:41,240 searching in a few places for use of 500 00:20:39,650 --> 00:20:43,340 marks that are similar to yours and 501 00:20:41,240 --> 00:20:45,650 remember you are typically looking for 502 00:20:43,340 --> 00:20:49,310 use with goods and services that are 503 00:20:45,650 --> 00:20:51,890 related to yours the first place to look 504 00:20:49,310 --> 00:20:54,350 is in the USPTO database of federally 505 00:20:51,890 --> 00:20:56,960 registered and applied form marks the 506 00:20:54,350 --> 00:20:59,720 database is available on uspto.gov and 507 00:20:56,960 --> 00:21:02,330 you can search for it for free using the 508 00:20:59,720 --> 00:21:04,400 trademark electronic search system which 509 00:21:02,330 --> 00:21:06,050 is known as tes now that's the same 510 00:21:04,400 --> 00:21:08,570 database that the trademark examining 511 00:21:06,050 --> 00:21:10,760 attorney zat the USPTO use when they're 512 00:21:08,570 --> 00:21:14,120 examining an application searching for 513 00:21:10,760 --> 00:21:16,640 conflicting marks now because tes only 514 00:21:14,120 --> 00:21:18,190 covers federally registered marks and as 515 00:21:16,640 --> 00:21:21,110 we discussed earlier there are 516 00:21:18,190 --> 00:21:22,220 unregistered marks it's not the only 517 00:21:21,110 --> 00:21:24,560 place you're going to need to search 518 00:21:22,220 --> 00:21:27,020 other resources you should check include 519 00:21:24,560 --> 00:21:29,180 state trademark databases and also 520 00:21:27,020 --> 00:21:30,710 business name databases and you're also 521 00:21:29,180 --> 00:21:32,570 going to want to look on the internet 522 00:21:30,710 --> 00:21:36,170 when you're searching on the Internet 523 00:21:32,570 --> 00:21:38,450 you want to do a search for websites and 524 00:21:36,170 --> 00:21:40,120 articles that have similar marks that 525 00:21:38,450 --> 00:21:42,980 are related to your goods and services 526 00:21:40,120 --> 00:21:44,930 right now that's a lot of searching but 527 00:21:42,980 --> 00:21:46,130 you should do it to avoid inadvertently 528 00:21:44,930 --> 00:21:49,280 stepping on someone else's trademark 529 00:21:46,130 --> 00:21:51,320 rights if you do they might engage you 530 00:21:49,280 --> 00:21:53,960 in a legal battle claiming you have 531 00:21:51,320 --> 00:21:56,180 infringed their trademark and if you 532 00:21:53,960 --> 00:21:58,490 lose you might have to destroy your 533 00:21:56,180 --> 00:22:00,020 inventory and all of your marketing 534 00:21:58,490 --> 00:22:02,630 materials you might even be forced to 535 00:22:00,020 --> 00:22:04,400 pay monetary damages as the small 536 00:22:02,630 --> 00:22:06,130 business I'm guessing that all those 537 00:22:04,400 --> 00:22:08,090 things are not included in your budget 538 00:22:06,130 --> 00:22:10,960 okay so doing a pre-application 539 00:22:08,090 --> 00:22:13,160 clearance search it's very important 540 00:22:10,960 --> 00:22:15,170 there are trademark lawyers and 541 00:22:13,160 --> 00:22:18,080 companies not affiliated with the USPTO 542 00:22:15,170 --> 00:22:19,100 that you can hire to do your search for 543 00:22:18,080 --> 00:22:21,470 you 544 00:22:19,100 --> 00:22:23,510 trademark lawyer can also evaluate the 545 00:22:21,470 --> 00:22:25,820 search results and give you a legal 546 00:22:23,510 --> 00:22:27,600 opinion letting you know if your mark 547 00:22:25,820 --> 00:22:31,650 should be available for you to 548 00:22:27,600 --> 00:22:33,390 use and to register for more information 549 00:22:31,650 --> 00:22:35,580 about searching and about likelihood of 550 00:22:33,390 --> 00:22:37,860 confusion be sure to watch the trademark 551 00:22:35,580 --> 00:22:41,160 information network broadcast called 552 00:22:37,860 --> 00:22:42,780 searching Oh shameless plug and consider 553 00:22:41,160 --> 00:22:44,370 hiring a trademark attorney for 554 00:22:42,780 --> 00:22:48,419 assistance well we'll talk more about 555 00:22:44,370 --> 00:22:51,480 hiring an attorney in a little bit so 556 00:22:48,419 --> 00:22:54,480 that's one aspect of selecting a mark 557 00:22:51,480 --> 00:22:56,340 you want to choose or create one that 558 00:22:54,480 --> 00:22:59,190 isn't likely to cause confusion with 559 00:22:56,340 --> 00:23:01,140 another mark another important 560 00:22:59,190 --> 00:23:03,809 consideration is choosing a mark that is 561 00:23:01,140 --> 00:23:05,760 legally protected from the start you 562 00:23:03,809 --> 00:23:07,740 want a mark that you can defend against 563 00:23:05,760 --> 00:23:10,110 others who might try to use a same or 564 00:23:07,740 --> 00:23:12,270 similar mark now marks that are 565 00:23:10,110 --> 00:23:15,360 immediately protectable are considered 566 00:23:12,270 --> 00:23:18,240 inherently strong now weak marks on the 567 00:23:15,360 --> 00:23:20,970 other hand are terms that describe some 568 00:23:18,240 --> 00:23:22,799 aspect of your goods and services week 569 00:23:20,970 --> 00:23:24,960 Mark's often are more difficult and 570 00:23:22,799 --> 00:23:28,020 costly to protect and enforce than 571 00:23:24,960 --> 00:23:29,730 strong marks the simplest way to think 572 00:23:28,020 --> 00:23:31,980 about weak and strong marks is to 573 00:23:29,730 --> 00:23:35,400 picture them on a spectrum or or on a 574 00:23:31,980 --> 00:23:37,830 gauge weak marks are cold strong marks 575 00:23:35,400 --> 00:23:41,159 are hot now the higher you move up the 576 00:23:37,830 --> 00:23:43,350 gauge the easier mark is to protect now 577 00:23:41,159 --> 00:23:46,470 as you can see there are generic marks 578 00:23:43,350 --> 00:23:48,450 descriptive suggestive fanciful marks 579 00:23:46,470 --> 00:23:50,090 and arbitrary marks and we'll go through 580 00:23:48,450 --> 00:23:53,789 them one by one 581 00:23:50,090 --> 00:23:55,740 the coldest or weakest marks aren't even 582 00:23:53,789 --> 00:23:58,110 really marks at all they are generic 583 00:23:55,740 --> 00:24:01,590 words that are incapable of identifying 584 00:23:58,110 --> 00:24:05,039 source think bicycle for bicycles or 585 00:24:01,590 --> 00:24:07,200 milk for a dairy based beverage these 586 00:24:05,039 --> 00:24:09,390 are common everyday names for goods and 587 00:24:07,200 --> 00:24:12,659 services and they are not registered all 588 00:24:09,390 --> 00:24:14,580 by themselves descriptive terms are 589 00:24:12,659 --> 00:24:17,130 warmer than generic terms but they are 590 00:24:14,580 --> 00:24:18,990 still very hard to protect they directly 591 00:24:17,130 --> 00:24:21,840 tell you something about the goods and 592 00:24:18,990 --> 00:24:24,720 services think creamy for yogurt or the 593 00:24:21,840 --> 00:24:27,450 ultimate bike rack for a bicycle rack 594 00:24:24,720 --> 00:24:29,669 okay descriptive terms generally are not 595 00:24:27,450 --> 00:24:31,919 registrable without showing that the 596 00:24:29,669 --> 00:24:35,039 mark has through long use become a 597 00:24:31,919 --> 00:24:36,690 source identifier now things certainly 598 00:24:35,039 --> 00:24:39,480 get a little bit warmer when we get to 599 00:24:36,690 --> 00:24:40,840 suggestive marks as the name implies 600 00:24:39,480 --> 00:24:42,970 they suggest 601 00:24:40,840 --> 00:24:44,860 something about the goods and services 602 00:24:42,970 --> 00:24:48,220 some characteristic of the goods and 603 00:24:44,860 --> 00:24:51,360 services think quick and neat for pie 604 00:24:48,220 --> 00:24:54,070 crust or glance a day for calendars 605 00:24:51,360 --> 00:24:56,169 these types of marks are registerable 606 00:24:54,070 --> 00:24:58,710 and are the next best thing to the 607 00:24:56,169 --> 00:25:01,860 hottest and strongest types of marks 608 00:24:58,710 --> 00:25:04,210 fanciful marks and arbitrary marks 609 00:25:01,860 --> 00:25:05,830 fanciful and arbitrary marks are the 610 00:25:04,210 --> 00:25:07,750 easiest types of marks to protect 611 00:25:05,830 --> 00:25:09,909 because they are inherently distinctive 612 00:25:07,750 --> 00:25:12,190 and they immediately function as source 613 00:25:09,909 --> 00:25:15,340 identifiers now because they are 614 00:25:12,190 --> 00:25:17,409 typically creative or unusual it's less 615 00:25:15,340 --> 00:25:20,470 likely that other parties are using them 616 00:25:17,409 --> 00:25:23,230 for related goods and services right so 617 00:25:20,470 --> 00:25:25,090 fanciful marks are invented words with 618 00:25:23,230 --> 00:25:30,419 no dictionary or other known meaning 619 00:25:25,090 --> 00:25:33,909 right think Xerox or Cisco or Microsoft 620 00:25:30,419 --> 00:25:36,130 arbitrary marks are actual words with an 621 00:25:33,909 --> 00:25:38,620 own meaning but the words have no 622 00:25:36,130 --> 00:25:40,029 association or relationship with the 623 00:25:38,620 --> 00:25:43,929 identified goods and services right 624 00:25:40,029 --> 00:25:48,600 think Apple for computers blackberry for 625 00:25:43,929 --> 00:25:51,299 smartphones or or gap for clothing now I 626 00:25:48,600 --> 00:25:53,770 understand that marketing folks often 627 00:25:51,299 --> 00:25:55,899 recommend adopting a trademark that is 628 00:25:53,770 --> 00:25:57,940 descriptive because it immediately tells 629 00:25:55,899 --> 00:26:00,159 the consumer something about your 630 00:25:57,940 --> 00:26:02,770 product or service and from that point 631 00:26:00,159 --> 00:26:04,390 of view sure it makes sense you don't 632 00:26:02,770 --> 00:26:05,890 have to educate the consumers as much 633 00:26:04,390 --> 00:26:08,590 because the mark already tells the 634 00:26:05,890 --> 00:26:10,720 consumers about the goods but from a 635 00:26:08,590 --> 00:26:12,580 legal perspective adoption of a 636 00:26:10,720 --> 00:26:15,130 descriptive mark may end up costing you 637 00:26:12,580 --> 00:26:17,529 more money in the long run see it isn't 638 00:26:15,130 --> 00:26:19,299 immediately protectable and you cannot 639 00:26:17,529 --> 00:26:20,559 register it without showing that 640 00:26:19,299 --> 00:26:22,480 consumers have come to understand that 641 00:26:20,559 --> 00:26:24,070 it does not just describe the goods but 642 00:26:22,480 --> 00:26:25,539 instead it's become what consumers will 643 00:26:24,070 --> 00:26:27,279 rely upon when they're looking to 644 00:26:25,539 --> 00:26:28,840 identify or distinguish your goods and 645 00:26:27,279 --> 00:26:31,870 services from the goods and services of 646 00:26:28,840 --> 00:26:34,059 others think about how costly it might 647 00:26:31,870 --> 00:26:36,820 be to develop rights in a descriptive 648 00:26:34,059 --> 00:26:38,140 mark and to enforce those rights you 649 00:26:36,820 --> 00:26:39,909 might need to give up the mark 650 00:26:38,140 --> 00:26:42,820 altogether and start over with a 651 00:26:39,909 --> 00:26:45,539 completely new mark now that could be a 652 00:26:42,820 --> 00:26:48,730 very expensive road to go down 653 00:26:45,539 --> 00:26:50,950 choosing a fanciful mark or an arbitrary 654 00:26:48,730 --> 00:26:52,809 mark then is a great way to help 655 00:26:50,950 --> 00:26:54,340 consumers identify the source of your 656 00:26:52,809 --> 00:26:55,690 goods and services and just 657 00:26:54,340 --> 00:26:57,850 English them from the goods and services 658 00:26:55,690 --> 00:27:00,789 of others these kinds of marks are 659 00:26:57,850 --> 00:27:04,240 immediately protectable they're not 660 00:27:00,789 --> 00:27:06,460 always protectable however if you fail 661 00:27:04,240 --> 00:27:10,299 to police use of your mark by others in 662 00:27:06,460 --> 00:27:13,539 fact hot marks can cool over time and 663 00:27:10,299 --> 00:27:17,500 may even become generic the words 664 00:27:13,539 --> 00:27:19,179 escalator zipper and yoyo these were all 665 00:27:17,500 --> 00:27:21,970 once inherently strong trademarks 666 00:27:19,179 --> 00:27:24,400 because the owners failed to police the 667 00:27:21,970 --> 00:27:26,500 marks or may have even misused the marks 668 00:27:24,400 --> 00:27:28,899 themselves the marks lost their source 669 00:27:26,500 --> 00:27:29,890 indicating power and became generic in 670 00:27:28,899 --> 00:27:32,980 the United States 671 00:27:29,890 --> 00:27:35,380 see once non escalator brand moving 672 00:27:32,980 --> 00:27:38,080 staircases became known as escalators 673 00:27:35,380 --> 00:27:40,630 instead of moving staircases the 674 00:27:38,080 --> 00:27:42,850 escalator brand no longer had trademark 675 00:27:40,630 --> 00:27:46,659 meaning it became the common everyday 676 00:27:42,850 --> 00:27:48,549 name of the goods themselves it's 677 00:27:46,659 --> 00:27:50,950 important that you select a strong mark 678 00:27:48,549 --> 00:27:52,870 and continue to police it that's why 679 00:27:50,950 --> 00:27:55,600 trademark owners continue to remind you 680 00:27:52,870 --> 00:27:58,360 for example that you are photocopying a 681 00:27:55,600 --> 00:28:01,149 document not xeroxing it and you're not 682 00:27:58,360 --> 00:28:03,909 grabbing a Kleenex but a Kleenex brand 683 00:28:01,149 --> 00:28:05,919 tissue and Google reminds you that you 684 00:28:03,909 --> 00:28:10,600 can only Google on the Google brand 685 00:28:05,919 --> 00:28:12,940 search engine make sense ok so those are 686 00:28:10,600 --> 00:28:16,179 the two big considerations when choosing 687 00:28:12,940 --> 00:28:18,789 a mark choose a protectable mark one 688 00:28:16,179 --> 00:28:20,890 that is suggestive or arbitrary or 689 00:28:18,789 --> 00:28:24,640 fanciful and be sure to conduct a 690 00:28:20,890 --> 00:28:26,440 clearance search to avoid filing a mark 691 00:28:24,640 --> 00:28:30,630 that is likely to cause confusion with a 692 00:28:26,440 --> 00:28:32,860 previously used or registered mark and 693 00:28:30,630 --> 00:28:35,020 there are other factors to consider 694 00:28:32,860 --> 00:28:36,850 though some of these may also prevent 695 00:28:35,020 --> 00:28:39,100 your mark from registering some of the 696 00:28:36,850 --> 00:28:41,440 situations to be aware of include where 697 00:28:39,100 --> 00:28:43,899 the mark is a surname where it is 698 00:28:41,440 --> 00:28:46,809 geographically descriptive deceptive 699 00:28:43,899 --> 00:28:50,440 disparaging or offensive a misspelling 700 00:28:46,809 --> 00:28:52,419 of descriptive or generic wording or an 701 00:28:50,440 --> 00:28:54,250 individual's name or likeness that is 702 00:28:52,419 --> 00:28:57,370 being registered without that person's 703 00:28:54,250 --> 00:28:59,529 consent a title of a single book or a 704 00:28:57,370 --> 00:29:02,590 movie and matter that is purely 705 00:28:59,529 --> 00:29:05,950 decorative or ornamental there are a lot 706 00:29:02,590 --> 00:29:07,900 of things to think about yes mark we 707 00:29:05,950 --> 00:29:09,460 have a question here from Conrad 708 00:29:07,900 --> 00:29:11,500 he says he's looking to expand his 709 00:29:09,460 --> 00:29:12,730 business overseas and are there any 710 00:29:11,500 --> 00:29:16,120 additional things he should consider 711 00:29:12,730 --> 00:29:18,400 when selecting his mark yes definitely 712 00:29:16,120 --> 00:29:20,320 in addition to conducting a clearance 713 00:29:18,400 --> 00:29:22,270 search in the country in which you think 714 00:29:20,320 --> 00:29:23,770 you might be expanding into think about 715 00:29:22,270 --> 00:29:26,050 how your mark is going to translate into 716 00:29:23,770 --> 00:29:28,680 that country's language will it 717 00:29:26,050 --> 00:29:31,720 translate into something generic or 718 00:29:28,680 --> 00:29:33,550 offensive or strange you might have 719 00:29:31,720 --> 00:29:35,920 heard the story about how Kentucky Fried 720 00:29:33,550 --> 00:29:37,920 Chicken when it was expanding into China 721 00:29:35,920 --> 00:29:39,160 it wanted to use its classic phrase 722 00:29:37,920 --> 00:29:42,070 finger-licking good 723 00:29:39,160 --> 00:29:44,650 well that apparently translates into eat 724 00:29:42,070 --> 00:29:47,470 your fingers off so maybe not the best 725 00:29:44,650 --> 00:29:49,810 marketing frames and keep in mind that 726 00:29:47,470 --> 00:29:51,430 there are other possible considerations 727 00:29:49,810 --> 00:29:53,680 when dealing with foreign languages if 728 00:29:51,430 --> 00:29:54,100 your mark includes a foreign word of 729 00:29:53,680 --> 00:29:57,130 phrase 730 00:29:54,100 --> 00:30:00,040 how will it translate into English will 731 00:29:57,130 --> 00:30:03,430 it translate into a generic word vino 732 00:30:00,040 --> 00:30:05,500 for wine or is the English translation 733 00:30:03,430 --> 00:30:08,860 likely to cause confusion with a 734 00:30:05,500 --> 00:30:10,840 registered mark like Lupo for wolf dope 735 00:30:08,860 --> 00:30:11,110 those are all things you want to keep in 736 00:30:10,840 --> 00:30:13,780 mind 737 00:30:11,110 --> 00:30:15,790 great question Conrad thank you that's a 738 00:30:13,780 --> 00:30:17,590 lot to think about right now I'm not 739 00:30:15,790 --> 00:30:19,780 trying to overwhelm you here but the 740 00:30:17,590 --> 00:30:22,630 trademark registration process is pretty 741 00:30:19,780 --> 00:30:24,280 complex it is technically a legal 742 00:30:22,630 --> 00:30:26,490 proceeding and you have to comply with 743 00:30:24,280 --> 00:30:29,950 all the USPTO requirements and rules 744 00:30:26,490 --> 00:30:32,050 remember you're not buying a trademark 745 00:30:29,950 --> 00:30:35,590 registration you're applying for one 746 00:30:32,050 --> 00:30:37,450 that means if the USPTO refuses your 747 00:30:35,590 --> 00:30:39,850 application your mark will not proceed 748 00:30:37,450 --> 00:30:42,250 to registration and in addition you will 749 00:30:39,850 --> 00:30:45,130 not receive a refund of your filing fee 750 00:30:42,250 --> 00:30:47,590 the filing fee covers the USPTO s 751 00:30:45,130 --> 00:30:52,000 processing costs it is not a guarantee 752 00:30:47,590 --> 00:30:54,370 of registration right so keep in mind 753 00:30:52,000 --> 00:30:57,790 though that the offices mission is to 754 00:30:54,370 --> 00:31:00,010 register trademarks it wants you to file 755 00:30:57,790 --> 00:31:03,490 an application that is perfect and ready 756 00:31:00,010 --> 00:31:05,560 to go okay no requirements to fix no 757 00:31:03,490 --> 00:31:07,060 refusals to be made the office wants you 758 00:31:05,560 --> 00:31:08,560 to get it right the first time and 759 00:31:07,060 --> 00:31:12,940 that's one of the reasons why they've 760 00:31:08,560 --> 00:31:15,250 invited us here today so in order to 761 00:31:12,940 --> 00:31:16,840 help you get it right the first time the 762 00:31:15,250 --> 00:31:19,330 USPTO makes a lot of information 763 00:31:16,840 --> 00:31:21,670 available to you on the USPTO website 764 00:31:19,330 --> 00:31:24,340 it's in the trademarks section of 765 00:31:21,670 --> 00:31:26,650 uspto.gov now you can download the basic 766 00:31:24,340 --> 00:31:30,580 facts about trademarks booklet you can 767 00:31:26,650 --> 00:31:31,990 see application timelines fa Q's manuals 768 00:31:30,580 --> 00:31:33,580 is pretty much anything you want to know 769 00:31:31,990 --> 00:31:35,770 about trademarks you can find it there 770 00:31:33,580 --> 00:31:37,720 on the website it also has something 771 00:31:35,770 --> 00:31:39,700 that I'm quite proud of a complete 772 00:31:37,720 --> 00:31:42,250 series of the trademark information 773 00:31:39,700 --> 00:31:44,590 network news broadcast videos starting a 774 00:31:42,250 --> 00:31:46,750 particular Nabi headed newscaster as 775 00:31:44,590 --> 00:31:49,060 well as a fantastic investigative 776 00:31:46,750 --> 00:31:51,100 reporter and that series explains the 777 00:31:49,060 --> 00:31:53,140 whole trademark application process from 778 00:31:51,100 --> 00:31:55,770 beginning to end and links to that 779 00:31:53,140 --> 00:31:58,540 series are right there on the website if 780 00:31:55,770 --> 00:32:00,520 you have general questions you can call 781 00:31:58,540 --> 00:32:02,860 or email the trademark assistance center 782 00:32:00,520 --> 00:32:04,630 at the USPTO they're happy to provide 783 00:32:02,860 --> 00:32:06,970 you with as much information as they can 784 00:32:04,630 --> 00:32:08,380 and maybe they can point you to some of 785 00:32:06,970 --> 00:32:11,910 the relevant materials that are on the 786 00:32:08,380 --> 00:32:11,910 website the phone number is 787 00:33:29,250 --> 00:33:32,250 1-877-443-6276 788 00:33:35,450 --> 00:33:39,460 jurnee can obtain or conduct a trademark 789 00:33:37,519 --> 00:33:42,289 clearance search for you 790 00:33:39,460 --> 00:33:44,480 now you can conduct this type of search 791 00:33:42,289 --> 00:33:46,669 on your own but an attorney who 792 00:33:44,480 --> 00:33:48,860 specializes in trademark law can provide 793 00:33:46,669 --> 00:33:51,860 you with a legal opinion regarding the 794 00:33:48,860 --> 00:33:54,500 availability of your mark for use and 795 00:33:51,860 --> 00:33:56,419 also for registration and it can help 796 00:33:54,500 --> 00:33:59,120 you interpret the results to avoid 797 00:33:56,419 --> 00:34:00,500 potential conflicts an attorney can also 798 00:33:59,120 --> 00:34:03,260 help you navigate the application 799 00:34:00,500 --> 00:34:04,850 process by advising you on what what 800 00:34:03,260 --> 00:34:07,490 types of marks receive the most 801 00:34:04,850 --> 00:34:09,579 protection they can help you draft in 802 00:34:07,490 --> 00:34:12,349 identification of goods and services or 803 00:34:09,579 --> 00:34:13,700 select the appropriate specimens to turn 804 00:34:12,349 --> 00:34:16,190 in they can also help you in preparing 805 00:34:13,700 --> 00:34:18,609 responses to any refusals or 806 00:34:16,190 --> 00:34:21,500 requirements that the office may issue 807 00:34:18,609 --> 00:34:22,909 basically a private attorney can help 808 00:34:21,500 --> 00:34:24,859 you understand the scope of your 809 00:34:22,909 --> 00:34:27,200 trademark rights and advise you on the 810 00:34:24,859 --> 00:34:29,450 best way to maintain and enforce those 811 00:34:27,200 --> 00:34:31,520 rights after registration from filing 812 00:34:29,450 --> 00:34:33,909 the proper registration maintenance 813 00:34:31,520 --> 00:34:37,790 documents to watching for infringing use 814 00:34:33,909 --> 00:34:39,470 yes sonya jacqueline here says that she 815 00:34:37,790 --> 00:34:41,210 would love to hire an attorney but she's 816 00:34:39,470 --> 00:34:43,129 a small business and doesn't really have 817 00:34:41,210 --> 00:34:44,480 the budget to afford it she wants to 818 00:34:43,129 --> 00:34:46,790 know if any other options are out there 819 00:34:44,480 --> 00:34:48,319 for her yes jacqueline you are reading 820 00:34:46,790 --> 00:34:50,240 my mind thank you very much I was just 821 00:34:48,319 --> 00:34:53,899 going to get to that so there are other 822 00:34:50,240 --> 00:34:56,240 options most attorneys do charge a fee 823 00:34:53,899 --> 00:34:59,030 for their services but there are however 824 00:34:56,240 --> 00:35:01,040 free and reduced-priced options that 825 00:34:59,030 --> 00:35:03,200 might be available if you meet financial 826 00:35:01,040 --> 00:35:05,630 eligibility requirements for example 827 00:35:03,200 --> 00:35:08,210 attorney Bar Association's often have 828 00:35:05,630 --> 00:35:09,859 pro bono divisions where they provide 829 00:35:08,210 --> 00:35:11,660 legal services to those who couldn't 830 00:35:09,859 --> 00:35:14,150 otherwise afford them and sometimes 831 00:35:11,660 --> 00:35:17,329 those services will include trademark 832 00:35:14,150 --> 00:35:19,520 services in addition the USPTO supports 833 00:35:17,329 --> 00:35:21,170 a law school clinic program through 834 00:35:19,520 --> 00:35:23,420 which law students work in under the 835 00:35:21,170 --> 00:35:24,760 guidance of a qualified faculty member 836 00:35:23,420 --> 00:35:28,220 can assist you with your application 837 00:35:24,760 --> 00:35:30,589 just go to uspto.gov and search for the 838 00:35:28,220 --> 00:35:32,240 term law school clinic you'll find 839 00:35:30,589 --> 00:35:35,630 information about the program along with 840 00:35:32,240 --> 00:35:37,970 a list of participating schools there is 841 00:35:35,630 --> 00:35:40,280 also free and low-cost business advice 842 00:35:37,970 --> 00:35:41,960 through the score program run by the 843 00:35:40,280 --> 00:35:44,930 Small Business Administration 844 00:35:41,960 --> 00:35:46,940 check out score org and a score 845 00:35:44,930 --> 00:35:49,050 volunteer may be able to assist you with 846 00:35:46,940 --> 00:35:51,780 your trademark questions 847 00:35:49,050 --> 00:35:54,510 another great program is the patent and 848 00:35:51,780 --> 00:35:55,830 trademark Resource Center program or PT 849 00:35:54,510 --> 00:36:03,060 RC program 850 00:35:55,830 --> 00:36:05,250 now PT our CSV to house copies of patent 851 00:36:03,060 --> 00:36:07,080 and trademark materials and to make 852 00:36:05,250 --> 00:36:10,350 patent and trademark information 853 00:36:07,080 --> 00:36:13,200 available to the public use the PTR see 854 00:36:10,350 --> 00:36:16,620 page which is on USPTO gov and you can 855 00:36:13,200 --> 00:36:18,990 find the location nearest you and all of 856 00:36:16,620 --> 00:36:21,090 that is in addition to the USPTO website 857 00:36:18,990 --> 00:36:23,250 resources I mentioned a few minutes ago 858 00:36:21,090 --> 00:36:27,660 you can review all the materials on the 859 00:36:23,250 --> 00:36:29,670 website for free 24/7 so Jacqueline if 860 00:36:27,660 --> 00:36:31,650 you cannot afford an attorney 861 00:36:29,670 --> 00:36:33,900 be sure to check for low cost and free 862 00:36:31,650 --> 00:36:36,360 options and be sure to use all the 863 00:36:33,900 --> 00:36:37,590 available resources and materials to 864 00:36:36,360 --> 00:36:42,870 educate yourself as much as possible 865 00:36:37,590 --> 00:36:44,700 about the trademark process for those of 866 00:36:42,870 --> 00:36:47,940 you who are planning to hire an attorney 867 00:36:44,700 --> 00:36:50,370 I can't recommend one and the USPTO 868 00:36:47,940 --> 00:36:52,260 can't either but you can check your 869 00:36:50,370 --> 00:36:54,300 local telephone listings you can do a 870 00:36:52,260 --> 00:36:55,530 search online or check with your local 871 00:36:54,300 --> 00:36:57,630 Bar Association 872 00:36:55,530 --> 00:36:59,640 whatever you do make sure to hire one 873 00:36:57,630 --> 00:37:02,940 that is licensed in the United States 874 00:36:59,640 --> 00:37:04,950 and is experienced in trademark law this 875 00:37:02,940 --> 00:37:06,480 is an investment in your business and 876 00:37:04,950 --> 00:37:09,300 you don't want to waste your money on 877 00:37:06,480 --> 00:37:13,140 someone who can't really help you yes 878 00:37:09,300 --> 00:37:14,700 Sonya along those same lines Paula wants 879 00:37:13,140 --> 00:37:16,260 to know about these trademark filing 880 00:37:14,700 --> 00:37:18,600 companies that advertise online 881 00:37:16,260 --> 00:37:21,150 she says they sound tempting but are 882 00:37:18,600 --> 00:37:23,850 they worth it well you need to be 883 00:37:21,150 --> 00:37:26,100 careful and read the fine print because 884 00:37:23,850 --> 00:37:29,100 some of the companies out there charge 885 00:37:26,100 --> 00:37:31,860 for unnecessary services or for services 886 00:37:29,100 --> 00:37:34,320 that they do not actually provide now 887 00:37:31,860 --> 00:37:36,720 companies may offer to help you with 888 00:37:34,320 --> 00:37:38,700 your application and that's okay but 889 00:37:36,720 --> 00:37:41,460 make sure that an attorney is on staff 890 00:37:38,700 --> 00:37:42,780 and handling your case only a licensed 891 00:37:41,460 --> 00:37:44,460 attorney should assist in the 892 00:37:42,780 --> 00:37:46,680 preparation and filing of your 893 00:37:44,460 --> 00:37:48,540 application now you also want to make 894 00:37:46,680 --> 00:37:51,000 sure that an attorney from the company 895 00:37:48,540 --> 00:37:53,070 will be on hand to handle any issues 896 00:37:51,000 --> 00:37:56,730 that might arise during the application 897 00:37:53,070 --> 00:37:58,440 process most applicants receive a letter 898 00:37:56,730 --> 00:38:01,080 from the USPTO called 899 00:37:58,440 --> 00:38:02,850 an office action that outlines any 900 00:38:01,080 --> 00:38:05,370 issues with the application 901 00:38:02,850 --> 00:38:06,780 and it requires a legal response now 902 00:38:05,370 --> 00:38:08,610 because some of these trademark filing 903 00:38:06,780 --> 00:38:10,200 companies do not include responses to 904 00:38:08,610 --> 00:38:12,240 office actions in their initial coverage 905 00:38:10,200 --> 00:38:13,890 and pricing you may find yourself 906 00:38:12,240 --> 00:38:16,140 needing to pay more money to the company 907 00:38:13,890 --> 00:38:18,270 or you may find out that the company 908 00:38:16,140 --> 00:38:19,680 doesn't handle responses and you'll 909 00:38:18,270 --> 00:38:21,780 either need to file the response 910 00:38:19,680 --> 00:38:24,150 yourself or hire an attorney to do it 911 00:38:21,780 --> 00:38:25,350 for you now be very careful when 912 00:38:24,150 --> 00:38:27,600 engaging in business with these 913 00:38:25,350 --> 00:38:29,520 companies make sure you understand what 914 00:38:27,600 --> 00:38:31,620 the filing company lawyer will and will 915 00:38:29,520 --> 00:38:35,720 not handle and what fees they will 916 00:38:31,620 --> 00:38:39,840 charge you and by the way after you file 917 00:38:35,720 --> 00:38:42,540 you may receive solicitations from other 918 00:38:39,840 --> 00:38:44,070 companies the solicitations are often 919 00:38:42,540 --> 00:38:47,130 made to look like they come from the 920 00:38:44,070 --> 00:38:50,130 USPTO but they're really not avoid those 921 00:38:47,130 --> 00:38:51,450 okay unless the correspondence comes 922 00:38:50,130 --> 00:38:53,010 from the United States Patent and 923 00:38:51,450 --> 00:38:57,330 Trademark Office in Alexandria Virginia 924 00:38:53,010 --> 00:38:59,970 or from the domain at USPTO gov it's a 925 00:38:57,330 --> 00:39:02,460 solicitation now the USPTO website has 926 00:38:59,970 --> 00:39:04,230 information about these other types of 927 00:39:02,460 --> 00:39:06,380 companies so be sure to check it out and 928 00:39:04,230 --> 00:39:11,640 take a look at their provided examples 929 00:39:06,380 --> 00:39:13,560 Thank You Paula alright folks well 930 00:39:11,640 --> 00:39:15,450 that's the end of my presentation but 931 00:39:13,560 --> 00:39:17,880 before I conclude and open up the floor 932 00:39:15,450 --> 00:39:19,470 to more questions I want to review the 933 00:39:17,880 --> 00:39:23,880 high points of what we've talked about 934 00:39:19,470 --> 00:39:25,740 today a trademark is a brand it 935 00:39:23,880 --> 00:39:27,690 indicates the source of your goods and 936 00:39:25,740 --> 00:39:30,990 services and distinguishes them from the 937 00:39:27,690 --> 00:39:32,910 goods and services of others federally 938 00:39:30,990 --> 00:39:34,770 registering your trademark is important 939 00:39:32,910 --> 00:39:37,020 because it provides additional benefits 940 00:39:34,770 --> 00:39:41,280 and protection free mark including 941 00:39:37,020 --> 00:39:43,710 nationwide protection selecting a mark 942 00:39:41,280 --> 00:39:45,390 is incredibly important as you want to 943 00:39:43,710 --> 00:39:48,510 select a mark that is inherently strong 944 00:39:45,390 --> 00:39:50,370 so it's suggestive fanciful or arbitrary 945 00:39:48,510 --> 00:39:52,760 and one that isn't likely to cause 946 00:39:50,370 --> 00:39:55,020 confusion with someone else's mark 947 00:39:52,760 --> 00:39:57,150 hiring an attorney to help you with your 948 00:39:55,020 --> 00:39:59,490 application isn't required but it is 949 00:39:57,150 --> 00:40:01,290 highly recommended if you can't afford 950 00:39:59,490 --> 00:40:02,550 an attorney be sure to use all the 951 00:40:01,290 --> 00:40:04,710 resources that are available on the 952 00:40:02,550 --> 00:40:06,840 USPTO website and you can search for 953 00:40:04,710 --> 00:40:08,460 free and reduced cost legal services 954 00:40:06,840 --> 00:40:11,670 that may be available through various 955 00:40:08,460 --> 00:40:15,150 organizations and most importantly 956 00:40:11,670 --> 00:40:16,410 remember that your trademark is the face 957 00:40:15,150 --> 00:40:19,859 of your business 958 00:40:16,410 --> 00:40:22,140 when an executive at coca-cola was asked 959 00:40:19,859 --> 00:40:23,250 what its most valuable asset is he said 960 00:40:22,140 --> 00:40:26,069 that without question 961 00:40:23,250 --> 00:40:28,200 it's the coca-cola trademark the company 962 00:40:26,069 --> 00:40:30,299 could lose everything and be able to 963 00:40:28,200 --> 00:40:33,890 rebuild itself based on the strength of 964 00:40:30,299 --> 00:40:36,829 that trademark name alone see look at it 965 00:40:33,890 --> 00:40:39,450 it's one of the top brands in the world 966 00:40:36,829 --> 00:40:41,160 think about your trademark being that 967 00:40:39,450 --> 00:40:43,890 important it makes you realize how 968 00:40:41,160 --> 00:40:45,540 powerful a trademark can be now a 969 00:40:43,890 --> 00:40:47,970 registered trademark is also something 970 00:40:45,540 --> 00:40:50,339 that investors and lenders and 971 00:40:47,970 --> 00:40:54,329 franchisees look for it is tangible 972 00:40:50,339 --> 00:40:55,859 evidence of an intangible asset and it 973 00:40:54,329 --> 00:40:58,710 shows that you're serious about your 974 00:40:55,859 --> 00:41:01,920 brand now might it be hard work to 975 00:40:58,710 --> 00:41:04,859 select and apply for a trademark that is 976 00:41:01,920 --> 00:41:07,440 protectable and usable sure but if you 977 00:41:04,859 --> 00:41:09,630 ask any single one of the companies that 978 00:41:07,440 --> 00:41:11,099 is up here and the top 100 global brands 979 00:41:09,630 --> 00:41:13,230 each and every one of them is going to 980 00:41:11,099 --> 00:41:15,569 tell you that it is absolutely worth it 981 00:41:13,230 --> 00:41:17,099 and who knows maybe we'll see one of 982 00:41:15,569 --> 00:41:21,089 your trademarks up here on this list one 983 00:41:17,099 --> 00:41:23,309 day okay so thank you everyone thanks to 984 00:41:21,089 --> 00:41:25,410 the USPTO for hosting us on behalf of 985 00:41:23,309 --> 00:41:27,299 Sonia and me thanks for coming and if 986 00:41:25,410 --> 00:41:30,260 you have any questions feel free to step 987 00:41:27,299 --> 00:41:30,260 on up Thanks 988 00:41:45,890 --> 00:41:47,950 you