1 00:00:00,000 --> 00:00:02,170 Hey there everybody, my name is Jason 2 00:00:02,170 --> 00:00:04,370 Lott. I'm the Attorney Advisor for 3 00:00:04,370 --> 00:00:06,764 Trademarks Customer Outreach at the United 4 00:00:06,764 --> 00:00:09,009 States Patent and Trademark Office. 5 00:00:09,010 --> 00:00:10,998 Which is really just a long way 6 00:00:10,998 --> 00:00:13,394 of saying that it is my job to 7 00:00:13,394 --> 00:00:14,574 teach you about trademarks: 8 00:00:14,580 --> 00:00:16,338 what they are, why they're important, 9 00:00:16,340 --> 00:00:18,014 and how a federal trademark registration 10 00:00:18,014 --> 00:00:19,850 can help you build your business. 11 00:00:19,850 --> 00:00:21,470 Now today, obviously we're going to 12 00:00:21,470 --> 00:00:23,370 talk about more than just trademarks. 13 00:00:23,370 --> 00:00:25,394 We are going to talk about a whole 14 00:00:25,394 --> 00:00:27,573 lot of other things that you might 15 00:00:27,573 --> 00:00:29,942 want to think about with regard to 16 00:00:29,942 --> 00:00:32,030 your restaurant or your food truck. 17 00:00:32,030 --> 00:00:33,572 Or whatever sort of food service 18 00:00:33,572 --> 00:00:34,790 industry you might be in. 19 00:00:34,790 --> 00:00:36,752 All of our examples today are going to be 20 00:00:36,752 --> 00:00:38,556 really narrowly focused to that industry. 21 00:00:38,560 --> 00:00:40,457 So we're going to start off with 22 00:00:40,457 --> 00:00:41,768 some definitions just to make 23 00:00:41,768 --> 00:00:43,329 sure we're all on the same page. 24 00:00:43,330 --> 00:00:44,734 We all sort of like understand 25 00:00:44,734 --> 00:00:46,529 on a very basic level what these 26 00:00:46,529 --> 00:00:48,143 concepts are and then we're going 27 00:00:48,143 --> 00:00:50,095 to dig in deeper into each of them. 28 00:00:50,100 --> 00:00:52,108 Now I'm going to tell you up front, 29 00:00:52,110 --> 00:00:55,120 I am a trademarks guy. OK, I am not a patents guy. 30 00:00:55,120 --> 00:00:56,380 I'm not a copyrights guy. 31 00:00:56,380 --> 00:00:58,207 I'm not a trade secret guy like 32 00:00:58,207 --> 00:01:00,172 where I focused my career for 33 00:01:00,172 --> 00:01:02,340 the past 20 years has been in trademarks. 34 00:01:02,340 --> 00:01:03,936 So if you have questions today, 35 00:01:03,940 --> 00:01:05,275 there are like really specific 36 00:01:05,275 --> 00:01:06,343 patent questions about "Jason. 37 00:01:06,350 --> 00:01:07,946 What art unit is responsible for?" 38 00:01:07,950 --> 00:01:10,620 I am not going to have an answer for you. 39 00:01:10,620 --> 00:01:10,860 OK, 40 00:01:10,860 --> 00:01:13,382 so so I will not be able to go in 41 00:01:13,382 --> 00:01:15,419 deep on a lot of those things, 42 00:01:15,420 --> 00:01:17,093 but I can give you some great 43 00:01:17,093 --> 00:01:18,471 information about each of these 44 00:01:18,471 --> 00:01:19,695 types of intellectual property. 45 00:01:19,700 --> 00:01:19,951 OK, 46 00:01:19,951 --> 00:01:21,457 so interesting things that you'll want 47 00:01:21,457 --> 00:01:23,698 to know and that will affect your business. 48 00:01:23,700 --> 00:01:25,786 So we're going to talk through all 49 00:01:25,786 --> 00:01:27,415 those different topics and we're going 50 00:01:27,415 --> 00:01:29,570 to close it out with how to find help, 51 00:01:29,570 --> 00:01:31,220 because I know you have the 52 00:01:31,220 --> 00:01:33,070 potential to be very overwhelmed 53 00:01:33,070 --> 00:01:34,486 by some of the information we're 54 00:01:34,486 --> 00:01:35,750 going to go through today, 55 00:01:35,750 --> 00:01:37,927 so there are lots of great resources 56 00:01:37,927 --> 00:01:39,865 available to you and I want to 57 00:01:39,865 --> 00:01:41,630 make sure you are aware of them. 58 00:01:41,630 --> 00:01:43,170 Alright, well, let's get started. 59 00:01:43,170 --> 00:01:44,710 Let's start off with definitions. 60 00:01:44,710 --> 00:01:46,245 Let's make sure we understand 61 00:01:46,245 --> 00:01:47,473 what we're talking about, 62 00:01:47,480 --> 00:01:48,712 especially specifically when we 63 00:01:48,712 --> 00:01:49,944 talk about intellectual property. 64 00:01:49,950 --> 00:01:52,406 I mean, what in the world is that? 65 00:01:52,410 --> 00:01:54,866 Well, if you look at the slide here, 66 00:01:54,870 --> 00:01:56,816 you can sort of see the breakdown 67 00:01:56,816 --> 00:01:58,260 and types of property. 68 00:01:58,260 --> 00:02:00,102 Real property is stuff like land 69 00:02:00,102 --> 00:02:01,023 and buildings OK. 70 00:02:01,030 --> 00:02:03,494 Things that are like affixed to the ground, 71 00:02:03,500 --> 00:02:05,040 if not the ground itself. 72 00:02:05,040 --> 00:02:05,668 You know, 73 00:02:05,668 --> 00:02:08,430 think about the house that you might live in, 74 00:02:08,430 --> 00:02:10,266 or an apartment, or a condo, 75 00:02:10,270 --> 00:02:11,960 or something along those lines. 76 00:02:11,960 --> 00:02:14,233 That's going to be a real property, OK, 77 00:02:14,233 --> 00:02:16,214 and so personal property are things like. 78 00:02:16,220 --> 00:02:18,484 Certainly when it comes to like you know, 79 00:02:18,490 --> 00:02:19,339 restaurants and food 80 00:02:19,339 --> 00:02:20,754 trucks and things like that. 81 00:02:20,760 --> 00:02:22,470 It's going to be the furniture, 82 00:02:22,470 --> 00:02:23,782 the fixtures, the equipment, 83 00:02:23,782 --> 00:02:26,073 probably the food truck itself would be 84 00:02:26,073 --> 00:02:27,942 kind of a personal property since it's 85 00:02:27,942 --> 00:02:29,850 not affixed to the ground and then in, 86 00:02:29,850 --> 00:02:31,901 so that's going to be things so 87 00:02:31,901 --> 00:02:33,260 personal property might be like, 88 00:02:33,260 --> 00:02:34,680 you know things like, oh, 89 00:02:34,680 --> 00:02:36,378 I don't know the silverware, 90 00:02:36,380 --> 00:02:38,368 you know that you use, the plates, 91 00:02:38,370 --> 00:02:39,834 the dishes, the cookware, 92 00:02:39,834 --> 00:02:42,030 you know things of that sort. 93 00:02:42,030 --> 00:02:43,752 Maybe the the maître d’ stand when 94 00:02:43,752 --> 00:02:45,782 you when you walk in there like 95 00:02:45,782 --> 00:02:47,327 that's sort of personal property, 96 00:02:47,330 --> 00:02:49,535 not if it's not affixed OK then it's 97 00:02:49,535 --> 00:02:51,601 going to be sort of what's kind of 98 00:02:51,601 --> 00:02:53,469 referred to as personal property. 99 00:02:53,470 --> 00:02:55,350 But what we're going to focus on today 100 00:02:55,350 --> 00:02:57,098 are types of intellectual property, 101 00:02:57,100 --> 00:02:58,490 which as you can see, 102 00:02:58,490 --> 00:02:59,885 there is sometimes defined as 103 00:02:59,885 --> 00:03:01,552 products of the human mind, right? 104 00:03:01,552 --> 00:03:03,184 So which is really kind of 105 00:03:03,184 --> 00:03:04,908 weird when you think about it. 106 00:03:04,910 --> 00:03:06,584 'cause when you think about real 107 00:03:06,584 --> 00:03:07,700 property and personal property, 108 00:03:07,700 --> 00:03:09,326 those are things that you can 109 00:03:09,326 --> 00:03:11,050 that you can feel and touch. 110 00:03:11,050 --> 00:03:12,900 You can't touch intellectual property. 111 00:03:12,900 --> 00:03:14,778 Right, it's just sort of like 112 00:03:14,778 --> 00:03:16,030 floating out there. Now 113 00:03:16,030 --> 00:03:18,221 there are ways to sort of protect 114 00:03:18,221 --> 00:03:19,160 that intellectual property, 115 00:03:19,160 --> 00:03:19,473 right? 116 00:03:19,473 --> 00:03:22,290 But it's intangible is how we refer to it. 117 00:03:22,290 --> 00:03:24,168 But just because it is intangible, 118 00:03:24,170 --> 00:03:26,834 it does not mean that it's any less valuable 119 00:03:26,834 --> 00:03:29,489 than the restaurant itself or the, you know, 120 00:03:29,490 --> 00:03:32,091 the, you know, all the high end knives that 121 00:03:32,091 --> 00:03:34,493 you might have in your kitchen, right? 122 00:03:34,493 --> 00:03:37,310 Things like that it can be just as valuable, 123 00:03:37,310 --> 00:03:38,880 if not even more valuable. 124 00:03:38,880 --> 00:03:41,141 In fact, there was an executive at 125 00:03:41,141 --> 00:03:43,408 Coca Cola who's once asked what is 126 00:03:43,410 --> 00:03:46,007 The Coca Cola Company's most valuable asset, 127 00:03:46,010 --> 00:03:48,562 and he said without question it is their 128 00:03:48,562 --> 00:03:50,460 trademark, their registered trademark. 129 00:03:50,460 --> 00:03:52,670 They could lose everything and 130 00:03:52,670 --> 00:03:55,390 they could build it all back. 131 00:03:55,390 --> 00:03:57,436 So long as they had that 132 00:03:57,436 --> 00:03:58,118 registered trademark. 133 00:03:58,120 --> 00:04:00,584 And if you look at ever look at 134 00:04:00,584 --> 00:04:02,550 the valuations of some trademarks, 135 00:04:02,550 --> 00:04:05,150 you might find that some are valued in 136 00:04:05,150 --> 00:04:07,328 the hundreds of billions of dollars. 137 00:04:07,330 --> 00:04:08,010 Coca Cola. 138 00:04:08,010 --> 00:04:09,030 Probably Amazon, Google. 139 00:04:09,030 --> 00:04:10,394 You know, Apple. 140 00:04:10,394 --> 00:04:12,099 All those could be worth, 141 00:04:12,100 --> 00:04:14,375 you know, if not tens if not 142 00:04:14,375 --> 00:04:16,189 hundreds of billions of dollars. 143 00:04:16,190 --> 00:04:17,895 And that's just the intellectual 144 00:04:17,895 --> 00:04:18,577 property level. 145 00:04:18,580 --> 00:04:20,620 I'm sorry, let me rephrase that. 146 00:04:20,620 --> 00:04:21,673 Just the brand, OK, 147 00:04:21,673 --> 00:04:23,779 just the trademark alone might be 148 00:04:23,779 --> 00:04:25,378 worth that much money. 149 00:04:25,380 --> 00:04:27,914 So that's why it's so important that 150 00:04:27,914 --> 00:04:29,405 we understand intellectual property 151 00:04:29,405 --> 00:04:31,778 because it can be an incredibly valuable 152 00:04:31,778 --> 00:04:34,017 asset for you and for your business. 153 00:04:34,020 --> 00:04:35,730 So it's just imperative that you 154 00:04:35,730 --> 00:04:37,280 understand all of these things, 155 00:04:37,280 --> 00:04:39,062 and so what we're going to 156 00:04:39,062 --> 00:04:40,530 do is we're going to 157 00:04:40,530 --> 00:04:42,753 I'm just going to give you a real quick 158 00:04:42,753 --> 00:04:44,942 list of things you might want to think 159 00:04:44,942 --> 00:04:46,890 about to think about what intellectual 160 00:04:46,890 --> 00:04:49,403 property or IP as it's sometimes called, 161 00:04:49,410 --> 00:04:51,900 might be valuable at your restaurant. 162 00:04:51,900 --> 00:04:52,191 Right, 163 00:04:52,191 --> 00:04:53,646 so think about these things. 164 00:04:53,650 --> 00:04:55,264 Are these the sorts of things 165 00:04:55,264 --> 00:04:56,982 that you might find value in? 166 00:04:56,982 --> 00:04:58,728 Right? That you might want to 167 00:04:58,728 --> 00:05:00,276 protect because it it brings 168 00:05:00,276 --> 00:05:01,786 something in for your business? 169 00:05:01,790 --> 00:05:03,245 Would you want to protect 170 00:05:03,245 --> 00:05:04,700 the name of your restaurant? 171 00:05:04,700 --> 00:05:06,160 Yeah, probably right. You know? 172 00:05:06,160 --> 00:05:07,610 What about the logo, right? 173 00:05:07,610 --> 00:05:09,647 If you happen to have a logo? 174 00:05:09,650 --> 00:05:12,269 Or what about a slogan if you use one? 175 00:05:12,270 --> 00:05:14,889 What if you use a hashtag for your restaurant, 176 00:05:14,890 --> 00:05:15,763 is that protectable? 177 00:05:15,763 --> 00:05:17,800 It might be, we'll talk about it. 178 00:05:17,800 --> 00:05:20,207 It didn't used to be, but there is 179 00:05:20,207 --> 00:05:22,440 sometimes when you can protect it now. 180 00:05:22,440 --> 00:05:24,176 What about a specific menu item name? 181 00:05:24,180 --> 00:05:24,936 Is that protectable? 182 00:05:24,936 --> 00:05:27,170 Yeah, you're going to see that it is right. 183 00:05:27,170 --> 00:05:29,025 What about the design of the restaurant 184 00:05:29,025 --> 00:05:30,657 or signature food dish or a recipe? 185 00:05:30,660 --> 00:05:31,434 Is that protectable? 186 00:05:31,434 --> 00:05:33,650 Yeah, you're going to get the answer to that. 187 00:05:33,650 --> 00:05:35,036 'cause I know that's one that 188 00:05:35,036 --> 00:05:36,629 a lot of you folks have. 189 00:05:36,630 --> 00:05:37,875 This is the question that 190 00:05:37,875 --> 00:05:39,120 a lot of people ask, 191 00:05:39,120 --> 00:05:40,572 can I protect this recipe for 192 00:05:40,572 --> 00:05:42,110 this thing that I am making? 193 00:05:42,110 --> 00:05:44,078 Well, we're going to talk about that as 194 00:05:44,078 --> 00:05:46,189 we get deeper into the presentation. 195 00:05:46,190 --> 00:05:47,975 What about the plating of the food? 196 00:05:47,980 --> 00:05:49,075 Is that protected? 197 00:05:49,075 --> 00:05:50,535 Right, so these rules, 198 00:05:50,540 --> 00:05:52,382 the sorts of things that can 199 00:05:52,382 --> 00:05:53,610 make your restaurant valuable, 200 00:05:53,610 --> 00:05:55,752 and it can set you apart from 201 00:05:55,752 --> 00:05:56,649 your competitors, right? 202 00:05:56,649 --> 00:05:59,160 So if you were able to protect these things 203 00:05:59,216 --> 00:06:01,280 to protect you from your competitors, 204 00:06:01,280 --> 00:06:03,038 then it might be something worth 205 00:06:03,038 --> 00:06:04,660 investigating or trying to protect. 206 00:06:04,660 --> 00:06:06,040 Now here's some additional things 207 00:06:06,040 --> 00:06:07,812 you might want to think about 208 00:06:07,812 --> 00:06:09,482 that also might be protectable 209 00:06:09,482 --> 00:06:10,484 as intellectual property. 210 00:06:10,490 --> 00:06:12,030 What about collateral products, right? 211 00:06:12,030 --> 00:06:14,179 Like if at your restaurant or wherever, 212 00:06:14,180 --> 00:06:15,356 or your food truck, 213 00:06:15,356 --> 00:06:17,550 whatever you're selling, T-shirts or aprons, 214 00:06:17,550 --> 00:06:19,434 or hot sauce or barbeque sauce 215 00:06:19,434 --> 00:06:20,690 or coffee and jams 216 00:06:20,690 --> 00:06:22,730 and jellies and all that sort of stuff 217 00:06:22,730 --> 00:06:24,650 that you serve in your restaurant. 218 00:06:24,650 --> 00:06:26,918 But you also jar it up and sell it 219 00:06:26,918 --> 00:06:29,182 for people to take home with, right? 220 00:06:29,182 --> 00:06:30,310 Is that collateral products? 221 00:06:30,310 --> 00:06:31,442 Can you protect those? 222 00:06:31,442 --> 00:06:33,140 We're going to talk about that. 223 00:06:33,140 --> 00:06:34,555 What about the overall menu 224 00:06:34,555 --> 00:06:35,970 design or the marketing materials? 225 00:06:35,970 --> 00:06:36,819 Or the website? 226 00:06:36,819 --> 00:06:38,800 What about the lists that you have? 227 00:06:38,800 --> 00:06:40,498 What about the music that you 228 00:06:40,498 --> 00:06:41,630 play in your restaurant? 229 00:06:41,630 --> 00:06:43,718 Are you going to get in trouble for 230 00:06:43,718 --> 00:06:45,308 playing music in your restaurant? 231 00:06:45,310 --> 00:06:46,132 It depends, right? 232 00:06:46,132 --> 00:06:47,776 And we're going to talk about 233 00:06:47,776 --> 00:06:49,559 that because all of those things, 234 00:06:49,560 --> 00:06:51,840 and specifically with regarding music, 235 00:06:51,840 --> 00:06:53,778 that is very much an intellectual 236 00:06:53,778 --> 00:06:54,424 property issue. 237 00:06:54,430 --> 00:06:54,731 OK, 238 00:06:54,731 --> 00:06:56,838 so we are going to talk about 239 00:06:56,838 --> 00:06:58,000 all these things. 240 00:06:58,000 --> 00:06:59,668 We're talking about the things that 241 00:06:59,668 --> 00:07:02,001 you might want to think about for 242 00:07:02,001 --> 00:07:03,553 securing your intellectual property 243 00:07:03,553 --> 00:07:05,366 to potentially protect all of 244 00:07:05,366 --> 00:07:06,836 these different things that might 245 00:07:06,836 --> 00:07:08,338 be happening at your restaurant. 246 00:07:08,338 --> 00:07:10,192 So in order to protect your 247 00:07:10,192 --> 00:07:11,280 valuable intellectual property, 248 00:07:11,280 --> 00:07:13,224 we recommend that you secure your 249 00:07:13,224 --> 00:07:15,216 legal rights and the names that 250 00:07:15,216 --> 00:07:17,106 you see up here for trademarks, 251 00:07:17,110 --> 00:07:18,410 trade dress, copyrights, patents, 252 00:07:18,410 --> 00:07:19,060 trade secrets. 253 00:07:19,060 --> 00:07:21,195 Those are kind of the basic ways 254 00:07:21,195 --> 00:07:23,020 we think about legal rights. 255 00:07:23,020 --> 00:07:24,622 This sort of different sort of 256 00:07:24,622 --> 00:07:26,426 I don't know bubbles or buckets 257 00:07:26,426 --> 00:07:27,786 OK of intellectual property, 258 00:07:27,790 --> 00:07:29,836 and these are all legal mechanisms 259 00:07:29,836 --> 00:07:31,200 that you can use 260 00:07:31,275 --> 00:07:33,417 in order to protect your rights. 261 00:07:33,420 --> 00:07:36,076 So with regard to trademarks and trade dress, 262 00:07:36,080 --> 00:07:38,066 those are protected at our agency, 263 00:07:38,070 --> 00:07:39,725 the United States Patent and 264 00:07:39,725 --> 00:07:40,722 Trademark Office, right? 265 00:07:40,722 --> 00:07:42,714 So if you have those things, 266 00:07:42,720 --> 00:07:45,072 if you have a trademark in it or 267 00:07:45,072 --> 00:07:47,556 trade dress and you want to get 268 00:07:47,556 --> 00:07:49,012 nationwide protection for it, 269 00:07:49,020 --> 00:07:50,348 you register that trademark 270 00:07:50,348 --> 00:07:52,008 or trade dress with us. 271 00:07:52,010 --> 00:07:54,666 If you have a copyright something that is, 272 00:07:54,670 --> 00:07:56,651 I'm sorry if you have some sort 273 00:07:56,651 --> 00:07:58,367 of material that is copyrightable 274 00:07:58,367 --> 00:07:59,979 or has been copyrighted, 275 00:07:59,980 --> 00:08:02,248 then you can protect that through a 276 00:08:02,248 --> 00:08:04,050 federal registration of the copyright. 277 00:08:04,050 --> 00:08:05,690 At the Copyright Office. That 278 00:08:05,690 --> 00:08:07,330 is not through our office, 279 00:08:07,330 --> 00:08:09,292 it is actually through the Library 280 00:08:09,292 --> 00:08:10,934 of Congress. They actually are. 281 00:08:10,934 --> 00:08:13,230 The Copyright Office is associated with them. 282 00:08:13,230 --> 00:08:15,526 If you have something that is patentable, 283 00:08:15,530 --> 00:08:17,581 then you can protect it through us 284 00:08:17,581 --> 00:08:19,289 through the United States Patent 285 00:08:19,289 --> 00:08:20,768 and Trademark Office, right? 286 00:08:20,768 --> 00:08:22,994 And but just keep in mind that 287 00:08:22,994 --> 00:08:25,367 there is nobody that is going to. 288 00:08:25,370 --> 00:08:27,005 There's no agency that protects 289 00:08:27,005 --> 00:08:27,986 your trade secrets. 290 00:08:27,990 --> 00:08:29,958 OK, that is a different thing. 291 00:08:29,960 --> 00:08:32,116 We're going to get into that at 292 00:08:32,116 --> 00:08:34,799 the end of the presentation today. 293 00:08:34,800 --> 00:08:36,795 There is not an agency that there's 294 00:08:36,795 --> 00:08:38,370 no United States Trade Secret 295 00:08:38,370 --> 00:08:40,015 Agency or anything like that, 296 00:08:40,020 --> 00:08:42,169 so it's actually you can protect it. 297 00:08:42,170 --> 00:08:44,165 There is a federal trade secret law 298 00:08:44,165 --> 00:08:46,477 which you can sort of use to help 299 00:08:46,477 --> 00:08:48,305 in a circumstance where your trade 300 00:08:48,305 --> 00:08:50,145 secret might have been violated, 301 00:08:50,150 --> 00:08:52,064 but that's a separate court case 302 00:08:52,064 --> 00:08:54,138 that you would have to bring and 303 00:08:54,140 --> 00:08:55,976 it is not where you like. 304 00:08:55,980 --> 00:08:56,287 "Hey, 305 00:08:56,287 --> 00:08:58,129 I would like to register my 306 00:08:58,129 --> 00:08:59,360 trade secret with you." 307 00:08:59,360 --> 00:09:01,816 That's not that's not a thing, that's 308 00:09:01,816 --> 00:09:02,740 That that's available. 309 00:09:02,740 --> 00:09:05,620 OK, so those are all the basic things. 310 00:09:05,620 --> 00:09:07,738 Let's dig into some definitions before we 311 00:09:07,738 --> 00:09:10,038 get even deeper into each of them. 312 00:09:10,040 --> 00:09:12,080 OK, so what is a trademark? 313 00:09:12,080 --> 00:09:12,393 Well, 314 00:09:12,393 --> 00:09:14,584 we often think I think the easiest 315 00:09:14,584 --> 00:09:17,080 way to really think about it is 316 00:09:17,080 --> 00:09:19,220 legal protection for a brand, right? 317 00:09:19,220 --> 00:09:21,940 So think about brand names and slogos. 318 00:09:21,940 --> 00:09:24,222 I'm sorry, brand names and logos 319 00:09:24,222 --> 00:09:26,360 and slogans and things like that. 320 00:09:26,360 --> 00:09:28,544 OK? That we use everyday as consumers 321 00:09:28,544 --> 00:09:31,112 in order to identify a product, right? 322 00:09:31,112 --> 00:09:33,436 So here's an example that I often 323 00:09:33,436 --> 00:09:36,310 like to give. If I say the word 324 00:09:36,310 --> 00:09:39,200 BMW what do you think of. Cars, right? 325 00:09:39,200 --> 00:09:40,640 If I say McDonald's, 326 00:09:40,640 --> 00:09:42,806 what do you think of? Hamburgers. 327 00:09:42,810 --> 00:09:44,306 Coca Cola? Soft drinks. 328 00:09:44,306 --> 00:09:46,176 You know Wendy's? Frosty, right. 329 00:09:46,176 --> 00:09:48,217 At anytime you see or hear, 330 00:09:48,220 --> 00:09:50,030 which is also a trademark, 331 00:09:50,030 --> 00:09:50,999 by the way. 332 00:09:50,999 --> 00:09:52,937 Anytime you see or hear a 333 00:09:52,937 --> 00:09:54,000 particular trademark, 334 00:09:54,000 --> 00:09:56,202 it automatically calls to mind a 335 00:09:56,202 --> 00:09:58,782 particular set of goods or services. And 336 00:09:58,782 --> 00:10:01,211 that is really what a trademark does. 337 00:10:01,220 --> 00:10:03,980 It is identifying the source of goods and 338 00:10:03,980 --> 00:10:06,397 services and it is distinguishing that 339 00:10:06,400 --> 00:10:08,904 from the goods and services of another party, 340 00:10:08,910 --> 00:10:09,224 right? 341 00:10:09,224 --> 00:10:11,108 So if we think about an 342 00:10:11,108 --> 00:10:12,050 example, like McDonald's, 343 00:10:12,050 --> 00:10:12,314 right? 344 00:10:12,314 --> 00:10:14,162 If we think about that brand name 345 00:10:14,162 --> 00:10:15,877 that that trademark of McDonald's, 346 00:10:15,877 --> 00:10:17,385 anytime we see McDonald's, 347 00:10:17,390 --> 00:10:19,058 we are knowing that we know 348 00:10:19,058 --> 00:10:20,170 it's identifying the source 349 00:10:20,222 --> 00:10:21,790 of those particular hamburgers. 350 00:10:21,790 --> 00:10:23,290 And we also know that 351 00:10:23,290 --> 00:10:25,240 it is not a Burger King. 352 00:10:25,240 --> 00:10:26,810 It is not a Wendy's. 353 00:10:26,810 --> 00:10:28,688 It is not a Chick-fil-A, right. 354 00:10:28,690 --> 00:10:31,830 It is not a KFC. It's not a Pizza Hut. 355 00:10:31,830 --> 00:10:33,400 It's not a Carl's Jr. 356 00:10:33,400 --> 00:10:34,970 It's not a Hardee's, right. 357 00:10:34,970 --> 00:10:36,908 It's none of those other things. 358 00:10:36,910 --> 00:10:38,455 It is distinguishing them from 359 00:10:38,455 --> 00:10:40,000 the goods of another party, 360 00:10:40,000 --> 00:10:42,156 and that is what a trademark does. 361 00:10:42,160 --> 00:10:43,735 It is identifying the source 362 00:10:43,735 --> 00:10:45,694 of your goods and services and 363 00:10:45,694 --> 00:10:47,324 distinguishing it from the goods 364 00:10:47,324 --> 00:10:49,320 and services of your competitor. 365 00:10:49,320 --> 00:10:51,480 Now you'll notice that the word 366 00:10:51,480 --> 00:10:52,920 trademark encompasses both trademarks, 367 00:10:52,920 --> 00:10:54,360 I'm sorry, trademarks encompasses 368 00:10:54,360 --> 00:10:55,800 both goods and services. 369 00:10:55,800 --> 00:10:57,240 Sometimes you'll hear somebody 370 00:10:57,240 --> 00:10:59,040 refer to a service mark, 371 00:10:59,040 --> 00:11:00,540 and that's totally fine. 372 00:11:00,540 --> 00:11:02,415 Typically it refers to a trademark 373 00:11:02,415 --> 00:11:04,536 that is being used to indicate 374 00:11:04,536 --> 00:11:05,876 the source of services, 375 00:11:05,880 --> 00:11:06,594 but, honestly, 376 00:11:06,594 --> 00:11:09,093 you can just use the word trademark 377 00:11:09,093 --> 00:11:10,199 and it's fine. 378 00:11:10,200 --> 00:11:12,727 It's sort of a catchall, right, 379 00:11:12,727 --> 00:11:14,812 for both trademarks and for for 380 00:11:14,812 --> 00:11:16,982 sorry. Trademark is a catchall for 381 00:11:17,059 --> 00:11:19,729 identifying the source of both goods 382 00:11:19,730 --> 00:11:21,180 and services. You could also 383 00:11:21,180 --> 00:11:22,630 just use the word mark. 384 00:11:22,630 --> 00:11:24,950 I'll probably be using that all day today, 385 00:11:24,950 --> 00:11:27,190 so if you hear me refer to something 386 00:11:27,190 --> 00:11:29,010 as that mark, that's totally fine. 387 00:11:29,010 --> 00:11:30,170 You can do that. 388 00:11:30,170 --> 00:11:30,960 That's OK, 389 00:11:30,960 --> 00:11:33,330 it's sort of a shortened version 390 00:11:33,330 --> 00:11:35,609 of trademark and/or service mark. 391 00:11:35,610 --> 00:11:35,874 OK, 392 00:11:35,874 --> 00:11:37,722 so one thing to keep in mind 393 00:11:37,722 --> 00:11:39,448 is that you know for you, 394 00:11:39,450 --> 00:11:39,990 for your, 395 00:11:39,990 --> 00:11:41,340 for your restaurants or your 396 00:11:41,340 --> 00:11:43,293 or your cafe or coffee shop or 397 00:11:43,293 --> 00:11:44,648 your food truck or whatever 398 00:11:44,650 --> 00:11:46,295 it happens to be the that you're 399 00:11:46,295 --> 00:11:48,210 doing in the food service industry. 400 00:11:48,210 --> 00:11:49,758 Keep in mind that oftentimes a 401 00:11:49,758 --> 00:11:51,698 business is going to be using sort 402 00:11:51,698 --> 00:11:53,414 of both trademarks and service marks. 403 00:11:53,420 --> 00:11:53,671 OK, 404 00:11:53,671 --> 00:11:55,177 there might be a trademark that 405 00:11:55,177 --> 00:11:56,835 is being used to indicate the 406 00:11:56,835 --> 00:11:58,527 source of goods and that same 407 00:11:58,527 --> 00:12:00,251 trademark is also being used to 408 00:12:00,251 --> 00:12:01,636 indicate the source of services. 409 00:12:01,640 --> 00:12:02,188 We'll, again, 410 00:12:02,188 --> 00:12:04,380 dive a little deeper into this later on, 411 00:12:04,380 --> 00:12:07,310 but if you think about, for example. 412 00:12:07,310 --> 00:12:08,510 Think about McDonald's, OK. 413 00:12:08,510 --> 00:12:10,010 So McDonald's being used as 414 00:12:10,010 --> 00:12:11,991 a trademark for services for 415 00:12:11,991 --> 00:12:13,209 those restaurant services, 416 00:12:13,210 --> 00:12:14,610 but they also McDonald's also 417 00:12:14,610 --> 00:12:16,540 might be used as a trademark 418 00:12:16,540 --> 00:12:18,408 for the sandwiches themselves. 419 00:12:18,410 --> 00:12:19,451 For example, right? 420 00:12:19,451 --> 00:12:20,839 Because they're providing service. 421 00:12:20,840 --> 00:12:22,928 But maybe it's also a thing. 422 00:12:22,930 --> 00:12:24,660 Or if you think about, 423 00:12:24,660 --> 00:12:27,436 you know some of the companies that have, 424 00:12:27,440 --> 00:12:28,350 you know, 425 00:12:28,350 --> 00:12:30,625 frozen foods that they also 426 00:12:30,625 --> 00:12:32,340 that they also do. 427 00:12:32,340 --> 00:12:35,448 I don't know something like a. 428 00:12:35,450 --> 00:12:36,710 I don't know, Bob Evans. 429 00:12:36,710 --> 00:12:38,216 I think, you know, Bob Evans 430 00:12:38,216 --> 00:12:39,220 restaurant has restaurant services. 431 00:12:39,220 --> 00:12:40,672 I think they also have something 432 00:12:40,672 --> 00:12:41,980 in the frozen food aisle, 433 00:12:41,980 --> 00:12:42,246 right? 434 00:12:42,246 --> 00:12:44,108 So that would be use of a 435 00:12:44,108 --> 00:12:45,885 trademark for both services and 436 00:12:45,885 --> 00:12:47,469 trademark for goods themselves. 437 00:12:47,470 --> 00:12:48,705 Or coffee shop, a coffee 438 00:12:48,705 --> 00:12:50,420 shop would be a great example. 439 00:12:50,420 --> 00:12:52,352 So a coffee shop might have used 440 00:12:52,352 --> 00:12:54,506 the trademark as as a as a brand 441 00:12:54,506 --> 00:12:55,771 for the coffee shop services, 442 00:12:55,780 --> 00:12:57,530 but they also might put that same 443 00:12:57,530 --> 00:12:58,990 trademark on the coffee beans, 444 00:12:58,990 --> 00:13:00,760 the package of the coffee beans 445 00:13:00,760 --> 00:13:01,940 that they sell that 446 00:13:01,998 --> 00:13:03,776 you love their coffee so much that 447 00:13:03,776 --> 00:13:05,811 you buy a pound and take it home 448 00:13:05,811 --> 00:13:07,834 with you so you can make it at home. 449 00:13:07,834 --> 00:13:08,906 So that's a trademark. 450 00:13:08,910 --> 00:13:10,471 OK, it is a brand, legal protection 451 00:13:10,471 --> 00:13:11,993 for a brand that indicates the 452 00:13:11,993 --> 00:13:13,862 source of your goods and services or 453 00:13:13,911 --> 00:13:15,606 somebody else's goods and services. 454 00:13:15,610 --> 00:13:17,866 And that's a little bit different than trade 455 00:13:17,870 --> 00:13:19,420 dress. They're incredibly similar 456 00:13:19,420 --> 00:13:21,520 because they're really doing the same thing. 457 00:13:21,520 --> 00:13:22,668 They're identifying somebody as 458 00:13:22,668 --> 00:13:24,860 the source of a good or product, 459 00:13:24,860 --> 00:13:26,869 and that is based upon the commercial 460 00:13:26,869 --> 00:13:29,060 look and feel of the thing. That 461 00:13:29,060 --> 00:13:30,634 could be product packaging, right? 462 00:13:30,634 --> 00:13:33,066 So it could be every time you know. 463 00:13:33,070 --> 00:13:33,979 I don't know. 464 00:13:33,979 --> 00:13:34,888 There's a company, 465 00:13:34,890 --> 00:13:36,878 let's say that they sell all their 466 00:13:36,878 --> 00:13:39,669 shirts and it comes with a with a very 467 00:13:39,669 --> 00:13:41,580 particular sort of packaging around it. 468 00:13:41,580 --> 00:13:43,100 You know, it's a recyclable cardboard 469 00:13:43,100 --> 00:13:44,955 thing that it comes in, right? 470 00:13:44,955 --> 00:13:45,625 You know, 471 00:13:45,625 --> 00:13:48,390 that could be every time you see that 472 00:13:48,390 --> 00:13:49,260 you automatically know that's 473 00:13:49,260 --> 00:13:50,420 that brand of shirt. 474 00:13:50,420 --> 00:13:52,450 Or it could be the design itself. 475 00:13:52,450 --> 00:13:53,900 Think about a bottle that's 476 00:13:53,900 --> 00:13:55,350 shaped in a particular way. 477 00:13:55,350 --> 00:13:56,510 That's that's trade dress. 478 00:13:56,510 --> 00:13:57,960 It could be color, right? 479 00:13:57,960 --> 00:13:59,410 If we think about colors 480 00:13:59,410 --> 00:14:00,570 that have been protected. 481 00:14:00,570 --> 00:14:02,310 Tiffany blue for boxes, you know, 482 00:14:02,310 --> 00:14:04,340 like boxes that are used with jewelry. 483 00:14:04,340 --> 00:14:06,370 Or it could be a configuration, right? 484 00:14:06,370 --> 00:14:08,400 Which is the way the thing is, 485 00:14:08,400 --> 00:14:10,974 the thing looks. And I'll give you an example 486 00:14:10,974 --> 00:14:13,330 of that here in a couple of minutes. 487 00:14:13,330 --> 00:14:14,780 So that's that's trade dress. 488 00:14:14,780 --> 00:14:16,230 OK, so we have trademarks, 489 00:14:16,230 --> 00:14:17,680 legal protection for a brand, 490 00:14:17,680 --> 00:14:18,416 trade dress, 491 00:14:18,416 --> 00:14:19,152 legal protection 492 00:14:19,152 --> 00:14:21,360 for the commercial look and feel 493 00:14:21,420 --> 00:14:22,528 of good or service. 494 00:14:22,530 --> 00:14:24,330 And what about copyright? Now, 495 00:14:24,330 --> 00:14:26,184 a copyright is legal protection for 496 00:14:26,184 --> 00:14:28,752 as you can see here, an original 497 00:14:28,752 --> 00:14:30,444 artistic or literary creation. 498 00:14:30,450 --> 00:14:32,256 So we're talking about songs and 499 00:14:32,256 --> 00:14:33,985 movies and books and sculptures 500 00:14:33,985 --> 00:14:35,849 and paintings and photographs, 501 00:14:35,850 --> 00:14:37,269 software, choreography, architecture. 502 00:14:37,269 --> 00:14:40,580 There's a whole bunch of things that 503 00:14:40,646 --> 00:14:42,795 that can be protected by a copyright 504 00:14:42,795 --> 00:14:45,564 and and and the way that you do that is, 505 00:14:45,570 --> 00:14:45,910 essentially, 506 00:14:45,910 --> 00:14:47,950 you affix that idea that you 507 00:14:47,950 --> 00:14:50,039 have into a tangible medium. 508 00:14:50,040 --> 00:14:50,291 Right, 509 00:14:50,291 --> 00:14:51,546 that's a really incredibly weird 510 00:14:51,546 --> 00:14:53,359 and legal way of saying something, 511 00:14:53,360 --> 00:14:55,028 but you can't own an idea. 512 00:14:55,030 --> 00:14:56,662 You can only sort of protect 513 00:14:56,662 --> 00:14:58,070 the expression of that idea, 514 00:14:58,070 --> 00:15:00,009 and that is what a copyright does. 515 00:15:00,010 --> 00:15:00,287 OK, 516 00:15:00,287 --> 00:15:02,226 if you express an idea and 517 00:15:02,230 --> 00:15:04,281 affix it into a medium you are 518 00:15:04,281 --> 00:15:05,549 creating copyright rights in it, 519 00:15:05,550 --> 00:15:07,279 and we're going to again talk a 520 00:15:07,279 --> 00:15:09,230 little bit more about that as we get 521 00:15:09,230 --> 00:15:10,782 a little bit deeper and specifically 522 00:15:10,782 --> 00:15:12,487 with regard to how copyrights 523 00:15:12,487 --> 00:15:14,137 work in the restaurant industry. 524 00:15:14,137 --> 00:15:15,799 So another thing to think about, 525 00:15:15,800 --> 00:15:18,149 and the other thing I want to make sure 526 00:15:18,149 --> 00:15:20,337 we're defining here is a patent.Which 527 00:15:20,340 --> 00:15:23,463 is, if we think about it in general terms, 528 00:15:23,470 --> 00:15:25,516 it's really protecting an invention. Or 529 00:15:25,516 --> 00:15:28,000 think about it like the sciencey stuff. 530 00:15:28,000 --> 00:15:28,345 OK, 531 00:15:28,345 --> 00:15:30,070 that's what it's protection for and 532 00:15:30,070 --> 00:15:31,854 what's happening with a patent 533 00:15:31,854 --> 00:15:33,924 is you are being granted a 534 00:15:33,924 --> 00:15:34,959 limited duration property 535 00:15:34,960 --> 00:15:36,700 right related to that invention. 536 00:15:36,700 --> 00:15:39,444 And the USPTO is, you apply and 537 00:15:39,444 --> 00:15:41,919 request this sort of patent from us. 538 00:15:41,920 --> 00:15:45,043 We are our agency would grant you the patent, 539 00:15:45,050 --> 00:15:47,493 and in exchange for you having that 540 00:15:47,493 --> 00:15:48,950 limited duration property right 541 00:15:48,950 --> 00:15:50,670 with regard to that invention, 542 00:15:50,670 --> 00:15:52,735 you have the right to exclude other 543 00:15:52,735 --> 00:15:54,226 people from using that invention 544 00:15:54,226 --> 00:15:56,410 for a certain term of years and in 545 00:15:56,467 --> 00:15:58,405 exchange for that right to exclude 546 00:15:58,405 --> 00:16:00,888 other people from being able to use it. 547 00:16:00,888 --> 00:16:03,029 You must then publicly disclose how the 548 00:16:03,029 --> 00:16:05,115 invention is made or how it operates. 549 00:16:05,120 --> 00:16:07,227 And it's really a policy tradeoff here. 550 00:16:07,230 --> 00:16:08,730 So essentially the federal government 551 00:16:08,730 --> 00:16:11,136 is saying, hey, we want you to invent, 552 00:16:11,140 --> 00:16:13,247 we want you to invent awesome things, 553 00:16:13,250 --> 00:16:15,098 but in exchange and so in exchange 554 00:16:15,098 --> 00:16:16,859 for you inventing something awesome, 555 00:16:16,860 --> 00:16:18,862 we will give you a limited time 556 00:16:18,862 --> 00:16:20,879 to sort of make your money 557 00:16:20,880 --> 00:16:22,440 on that thing, but in exchange 558 00:16:22,440 --> 00:16:24,520 that means that when that time is up, 559 00:16:24,520 --> 00:16:26,360 you then have to make sure that everybody 560 00:16:26,360 --> 00:16:28,158 else can benefit from your knowledge 561 00:16:28,160 --> 00:16:30,036 and from your invention, and that way 562 00:16:30,036 --> 00:16:32,060 the whole world can sort of get better. 563 00:16:32,060 --> 00:16:33,790 'cause we're always building on 564 00:16:33,790 --> 00:16:35,520 the inventions of other people. 565 00:16:35,520 --> 00:16:37,445 Right, so that's that's a patent, right? 566 00:16:37,445 --> 00:16:39,370 And how does that work in the 567 00:16:39,370 --> 00:16:39,920 restaurant industry? 568 00:16:39,920 --> 00:16:40,182 Well, 569 00:16:40,182 --> 00:16:42,278 there's two that are really kind of the 570 00:16:42,278 --> 00:16:44,364 most relevant. One would be a design 571 00:16:44,364 --> 00:16:46,109 patent, which protects the way that 572 00:16:46,109 --> 00:16:47,651 something looks. And the other would 573 00:16:47,651 --> 00:16:49,270 be a utility patent, which protects 574 00:16:49,270 --> 00:16:50,920 the way that something is used, 575 00:16:50,920 --> 00:16:52,570 or the way that something works. 576 00:16:52,570 --> 00:16:54,262 And again, I'll get into specific 577 00:16:54,262 --> 00:16:56,150 examples as we get deeper in, OK. 578 00:16:56,150 --> 00:16:58,184 And so the last thing is a trade secret, 579 00:16:58,184 --> 00:17:00,266 which protects information that has value 580 00:17:00,270 --> 00:17:01,920 because nobody knows what it is. 581 00:17:01,920 --> 00:17:03,250 OK, nobody knows how you're 582 00:17:03,250 --> 00:17:04,950 doing what it is you're doing, 583 00:17:04,950 --> 00:17:06,510 and the reason it has value 584 00:17:06,510 --> 00:17:08,830 is because nobody knows how you're doing. So 585 00:17:08,830 --> 00:17:10,860 famous examples would be Coca Cola, right? 586 00:17:10,860 --> 00:17:12,310 The recipe for Coca Cola? 587 00:17:12,310 --> 00:17:14,340 Nobody knows it except for a couple 588 00:17:14,340 --> 00:17:16,080 probably select people at Coca Cola 589 00:17:16,080 --> 00:17:18,120 and it has value because nobody else 590 00:17:18,120 --> 00:17:20,430 knows how to make a Coca Cola, right? 591 00:17:20,430 --> 00:17:22,170 Other people can make colas, right? 592 00:17:22,170 --> 00:17:22,752 You can, 593 00:17:22,752 --> 00:17:23,334 you know, 594 00:17:23,334 --> 00:17:25,649 Pepsi makes their thing you know you know, 595 00:17:25,650 --> 00:17:27,970 like RC would make their own their thing. 596 00:17:27,970 --> 00:17:29,686 You know there's all sorts of 597 00:17:29,686 --> 00:17:31,160 different versions of a cola, 598 00:17:31,160 --> 00:17:33,330 but there's only one Coca Cola and 599 00:17:33,330 --> 00:17:35,142 that's because Coca Cola has the 600 00:17:35,142 --> 00:17:36,786 recipe for it and nobody else 601 00:17:36,790 --> 00:17:39,406 knows what is. KFC would be another for 602 00:17:39,406 --> 00:17:41,264 their chicken, right, or Mrs. Field's 603 00:17:41,264 --> 00:17:43,490 cookies and those are sorts of things 604 00:17:43,490 --> 00:17:45,614 that are protected by trade secret. 605 00:17:45,620 --> 00:17:47,528 Nobody knows exactly how to make 606 00:17:47,528 --> 00:17:49,540 those because they keep them secret. 607 00:17:49,540 --> 00:17:51,180 Alright, so we've got trademarks, 608 00:17:51,180 --> 00:17:52,161 trade dress, copyrights, 609 00:17:52,161 --> 00:17:53,469 patents, and trade secrets. 610 00:17:53,470 --> 00:17:53,771 Alright, 611 00:17:53,771 --> 00:17:55,878 so those are the five big definitions 612 00:17:55,878 --> 00:17:57,928 and the five different buckets that 613 00:17:57,928 --> 00:18:00,004 we're going to talk through today. 614 00:18:00,010 --> 00:18:01,894 And that you're going to find 615 00:18:01,894 --> 00:18:03,150 hopefully very important with 616 00:18:03,205 --> 00:18:04,589 regard to your restaurant. 617 00:18:04,590 --> 00:18:06,949 So let's talk through these trademark basics. 618 00:18:06,950 --> 00:18:09,454 And how they would apply to a restaurant 619 00:18:09,454 --> 00:18:12,486 or a food truck or a cafe or a micro 620 00:18:12,486 --> 00:18:15,090 brewery or something along those lines. 621 00:18:15,090 --> 00:18:17,082 OK, so the cool thing about 622 00:18:17,082 --> 00:18:19,154 trademarks is that you have options 623 00:18:19,154 --> 00:18:21,527 in terms of how you protect them. 624 00:18:21,530 --> 00:18:24,130 OK, so if we think about McDonald's like 625 00:18:24,130 --> 00:18:26,411 McDonald's has various options of how they 626 00:18:26,411 --> 00:18:28,989 might want to protect the word McDonald's. 627 00:18:28,990 --> 00:18:31,660 OK, so if they wanted to protect that as a 628 00:18:31,727 --> 00:18:34,423 trademark, they could apply, and they have, 629 00:18:34,423 --> 00:18:37,199 they have they have registered McDonald's. 630 00:18:37,200 --> 00:18:40,413 With us in lot in lots of different versions., 631 00:18:40,420 --> 00:18:43,471 One version is what is known as a standard 632 00:18:43,471 --> 00:18:45,686 character format, which means you 633 00:18:45,686 --> 00:18:47,896 are protecting the wording itself. 634 00:18:47,900 --> 00:18:49,610 Not what it looks like, 635 00:18:49,610 --> 00:18:51,138 but the wording itself. 636 00:18:51,138 --> 00:18:53,430 Which is incredibly broad protection because 637 00:18:53,490 --> 00:18:55,738 it means over the life of the trademark, 638 00:18:55,740 --> 00:18:57,104 you can, you know, 639 00:18:57,104 --> 00:18:59,150 change up how you're using that, 640 00:18:59,150 --> 00:19:01,546 the what the trademark looks like, right? 641 00:19:01,546 --> 00:19:03,622 You're not tied into a particular 642 00:19:03,622 --> 00:19:05,957 font style or size or color, right? 643 00:19:05,957 --> 00:19:07,919 So McDonald's, over the course of 644 00:19:07,919 --> 00:19:09,720 their many years of existence, 645 00:19:09,720 --> 00:19:11,960 you know, they might change the way 646 00:19:11,960 --> 00:19:13,820 that the McDonald's wording looks. 647 00:19:13,820 --> 00:19:15,520 And they can do that, 648 00:19:15,520 --> 00:19:17,602 and they would still have protection 649 00:19:17,602 --> 00:19:18,296 for that, 650 00:19:18,300 --> 00:19:19,914 because they have registered McDonald's in 651 00:19:19,914 --> 00:19:22,230 what is known as standard character format. 652 00:19:22,230 --> 00:19:24,036 So you can protect and McDonald's, 653 00:19:24,040 --> 00:19:25,852 as you can see here, has 654 00:19:25,852 --> 00:19:26,758 different things, right? 655 00:19:26,760 --> 00:19:27,663 They protected McDonald's. 656 00:19:27,663 --> 00:19:28,867 They protected Happy Meal. 657 00:19:28,870 --> 00:19:30,370 They protected a slogan such 658 00:19:30,370 --> 00:19:32,190 as "I'm loving it" or "Two 659 00:19:32,190 --> 00:19:33,700 all beef patties, special sauce, 660 00:19:33,700 --> 00:19:34,606 lettuce, cheese, pickles, 661 00:19:34,606 --> 00:19:36,418 onions on a sesame seed bun." 662 00:19:36,420 --> 00:19:38,836 Right? That's protected or who, I don't know, 663 00:19:38,840 --> 00:19:40,646 they still use it or not, 664 00:19:40,650 --> 00:19:43,368 but they used to have that as a trademark, 665 00:19:43,370 --> 00:19:43,635 right? 666 00:19:43,635 --> 00:19:45,225 It protected that as a slogan 667 00:19:45,225 --> 00:19:47,148 to indicate the source of their 668 00:19:47,148 --> 00:19:48,576 hamburgers and their restaurant 669 00:19:48,580 --> 00:19:50,645 services. So as you can see here, 670 00:19:50,650 --> 00:19:53,010 you can protect any number of different word, 671 00:19:53,010 --> 00:19:53,775 word or words, 672 00:19:53,775 --> 00:19:56,556 or a slogan. It's up to you as the as 673 00:19:56,556 --> 00:19:58,712 the trademark owner to decide what it 674 00:19:58,779 --> 00:20:01,243 is you want to protect and sort of 675 00:20:01,243 --> 00:20:03,630 what version of that you want to do. 676 00:20:03,630 --> 00:20:05,406 'cause I'm going to show you 677 00:20:05,406 --> 00:20:06,590 different versions of trademarks 678 00:20:06,642 --> 00:20:07,758 that you could protect. 679 00:20:07,760 --> 00:20:10,406 OK, so and again as you can see here, 680 00:20:10,410 --> 00:20:11,295 sometimes people get 681 00:20:11,295 --> 00:20:13,065 confused or like "Oh can I 682 00:20:13,070 --> 00:20:14,840 can I do a slogan, right? 683 00:20:14,840 --> 00:20:16,092 Can I protect it? 684 00:20:16,092 --> 00:20:18,849 Or if it's a couple words is that OK?" 685 00:20:18,850 --> 00:20:20,955 Yeah, absolutely right. Protection could 686 00:20:20,955 --> 00:20:24,786 be for a word or words or for a slogan. 687 00:20:24,790 --> 00:20:26,770 Think about Chipotle. Subway, right? 688 00:20:26,770 --> 00:20:30,228 That's word. Words would be Baja Fresh. 689 00:20:30,230 --> 00:20:32,428 Pizza Hut, right. Two words. Totally fine. 690 00:20:32,430 --> 00:20:34,684 So if you have a couple words, 691 00:20:34,684 --> 00:20:36,013 doesn't doesn't matter the 692 00:20:36,013 --> 00:20:37,765 number of words in the thing, 693 00:20:37,770 --> 00:20:39,755 you can probably protect it 694 00:20:39,755 --> 00:20:41,343 through a trademark registration. 695 00:20:41,350 --> 00:20:43,121 So slogan is just about the same 696 00:20:43,121 --> 00:20:44,864 way you're going to do is you're 697 00:20:44,864 --> 00:20:46,256 going to build the exact same 698 00:20:46,316 --> 00:20:48,087 application in order to do it, but 699 00:20:48,087 --> 00:20:49,762 just be aware there are couple of 700 00:20:49,762 --> 00:20:51,130 trickier issues when it comes to 701 00:20:51,182 --> 00:20:52,432 slogans because sometimes they're used 702 00:20:52,432 --> 00:20:55,920 kind of not as not as trademarks, but just. 703 00:20:55,920 --> 00:20:58,216 Now they're often used in an ornamental way, 704 00:20:58,220 --> 00:20:59,948 which does not indicate trademark usage, 705 00:20:59,950 --> 00:21:01,390 right? It's not indicating source, 706 00:21:01,390 --> 00:21:03,532 so when you see a trademark being 707 00:21:03,532 --> 00:21:05,710 like across the front of a T shirt, 708 00:21:05,710 --> 00:21:07,150 that's what's considered ornamental use. 709 00:21:07,150 --> 00:21:08,590 It's not considered trademark use, 710 00:21:08,590 --> 00:21:10,522 so if the only place you're using your 711 00:21:10,522 --> 00:21:12,290 slogan is like really big across 712 00:21:12,290 --> 00:21:14,054 some t-shirt that you sell at, 713 00:21:14,060 --> 00:21:16,041 you know, at your restaurant as people 714 00:21:16,041 --> 00:21:18,010 as people you know, pay and leave. 715 00:21:18,010 --> 00:21:19,310 Well, that's probably not going 716 00:21:19,310 --> 00:21:20,690 to be trademark usage. 717 00:21:20,690 --> 00:21:22,895 You might you're going to have to 718 00:21:22,895 --> 00:21:24,429 potentially jump through a couple 719 00:21:24,429 --> 00:21:26,019 of hoops in order to register 720 00:21:26,020 --> 00:21:26,544 that slogan, 721 00:21:26,544 --> 00:21:28,640 if that's the only way or if that's 722 00:21:28,697 --> 00:21:30,497 what you put in your application. 723 00:21:30,500 --> 00:21:32,460 OK, we can talk more about that. 724 00:21:32,460 --> 00:21:34,420 If you have a question about that. 725 00:21:34,420 --> 00:21:35,820 "Jason, that was really confusing. 726 00:21:35,820 --> 00:21:37,220 Please talk more about ornamental. 727 00:21:37,220 --> 00:21:39,180 I'm very confused and it matters to me." 728 00:21:39,180 --> 00:21:41,217 Please by all means shoot an email 729 00:21:41,217 --> 00:21:43,043 to TMfeedback@uspto.gov and 730 00:21:43,043 --> 00:21:44,825 I will answer the question at 731 00:21:44,825 --> 00:21:46,607 the end of the presentation. 732 00:21:46,610 --> 00:21:46,955 OK, 733 00:21:46,955 --> 00:21:50,060 so we know we can protect words and slogans. 734 00:21:50,060 --> 00:21:50,405 Now. 735 00:21:50,405 --> 00:21:52,130 I had mentioned hashtags earlier, 736 00:21:52,130 --> 00:21:53,706 so as I mentioned, 737 00:21:53,706 --> 00:21:55,282 traditionally hashtags were not 738 00:21:55,282 --> 00:21:57,308 registrable because of what a hashtag is. 739 00:21:57,310 --> 00:22:00,110 It is just a way to search for or filter 740 00:22:00,180 --> 00:22:02,438 information on social media, right? 741 00:22:02,438 --> 00:22:03,034 You know, 742 00:22:03,034 --> 00:22:05,968 use a hashtag in order to find something on 743 00:22:05,968 --> 00:22:08,684 Twitter or to find something on Instagram. 744 00:22:08,690 --> 00:22:10,730 Whatever it happens to be. Whatever 745 00:22:10,730 --> 00:22:12,490 your preferred platform is, right? 746 00:22:12,490 --> 00:22:14,420 But but actually things have 747 00:22:14,420 --> 00:22:16,720 changed a little bit now and 748 00:22:16,720 --> 00:22:18,325 you can register something that 749 00:22:18,325 --> 00:22:20,660 is a hashtag as a trademark, 750 00:22:20,660 --> 00:22:24,600 so long as you as you use it as a trademark. 751 00:22:24,600 --> 00:22:26,736 OK, so something like FastFoodie 752 00:22:26,740 --> 00:22:29,604 or SteakWorthy or VivaLaRita, 753 00:22:29,610 --> 00:22:29,985 right? 754 00:22:29,985 --> 00:22:31,860 Those are all registrable as 755 00:22:31,860 --> 00:22:33,754 trademarks because they the company 756 00:22:33,754 --> 00:22:36,050 is using the hashtag as a trademark, 757 00:22:36,050 --> 00:22:36,407 right? 758 00:22:36,407 --> 00:22:38,906 So in terms of the examples, called 759 00:22:38,906 --> 00:22:40,743 specimens, that you submit to 760 00:22:40,743 --> 00:22:42,498 the office, in those specimens, 761 00:22:42,500 --> 00:22:45,125 the office, the USPTO is going 762 00:22:45,125 --> 00:22:48,168 to need to see how you use that. 763 00:22:48,170 --> 00:22:50,778 If you're just using it as a hashtag, 764 00:22:50,780 --> 00:22:51,064 just, 765 00:22:51,064 --> 00:22:53,620 you know as a way to like "Hey for 766 00:22:53,696 --> 00:22:56,314 somebody to find me on social media." 767 00:22:56,320 --> 00:22:58,276 Nope, that's not going to work, 768 00:22:58,280 --> 00:23:00,728 but if you were using the hashtag in 769 00:23:00,728 --> 00:23:03,170 some other way as an actual trademark, 770 00:23:03,170 --> 00:23:05,770 then it could be something that is registrable, 771 00:23:05,770 --> 00:23:07,074 right? So Checkers registered 772 00:23:07,074 --> 00:23:07,726 FastFoodie. 773 00:23:07,730 --> 00:23:09,202 Logan's Roadhouse SteakWorthy. 774 00:23:09,202 --> 00:23:11,042 And the Bahama Breeze Island 775 00:23:11,042 --> 00:23:12,616 Grille was the VivaLaRita. 776 00:23:12,620 --> 00:23:13,595 OK, so yes, 777 00:23:13,595 --> 00:23:15,545 it is possible to register hashtags, 778 00:23:15,550 --> 00:23:18,000 but you have to be very careful. 779 00:23:18,000 --> 00:23:20,198 And make sure you're showing the USPTO 780 00:23:20,198 --> 00:23:22,677 how you were using it as a trademark. 781 00:23:22,680 --> 00:23:26,544 Not necessarily just using it as a hashtag. 782 00:23:26,550 --> 00:23:26,871 Alright, 783 00:23:26,871 --> 00:23:28,797 so so there are the standard 784 00:23:28,797 --> 00:23:29,760 character form, right? 785 00:23:29,760 --> 00:23:32,007 So that's protection for the wording itself. 786 00:23:32,010 --> 00:23:33,768 You could also protect a trademark 787 00:23:33,768 --> 00:23:34,940 in a way that's 788 00:23:35,002 --> 00:23:36,817 going to protect what the trademark 789 00:23:36,820 --> 00:23:39,228 looks like. These are called special form 790 00:23:39,228 --> 00:23:41,702 format trademarks. So it could be a stylized 791 00:23:41,702 --> 00:23:43,880 mark, like bottom left hand corner there, 792 00:23:43,880 --> 00:23:46,022 Ronald McDonald in script form. Composite, 793 00:23:46,022 --> 00:23:48,628 which is a combination of wording and a 794 00:23:48,628 --> 00:23:50,621 design. Or just the design alone, right? 795 00:23:50,621 --> 00:23:52,868 Such as the golden arches by itself. 796 00:23:52,870 --> 00:23:54,835 You can absolutely register these 797 00:23:54,835 --> 00:23:56,800 types of things as trademarks. 798 00:23:56,800 --> 00:23:58,558 Just be aware that in your 799 00:23:58,558 --> 00:23:59,730 examples in your specimens, 800 00:23:59,730 --> 00:24:01,818 we're going to have to see how you're 801 00:24:01,818 --> 00:24:03,542 actually using those trademarks, right? 802 00:24:03,542 --> 00:24:05,586 So we're going to actually have to, 803 00:24:05,590 --> 00:24:07,634 it's going to have to match, right? 804 00:24:07,634 --> 00:24:09,338 How you're actually doing it. The 805 00:24:09,338 --> 00:24:11,414 one way it doesn't exactly have to 806 00:24:11,414 --> 00:24:13,500 match is as you can see here 807 00:24:13,500 --> 00:24:15,544 these are all in black and white. 808 00:24:15,550 --> 00:24:17,308 You have the option as the 809 00:24:17,308 --> 00:24:18,480 trademark owner to decide, 810 00:24:18,480 --> 00:24:19,302 as I said, 811 00:24:19,302 --> 00:24:21,594 what version of your trademark you want to 812 00:24:21,594 --> 00:24:23,785 register. So you could apply to register 813 00:24:23,785 --> 00:24:25,510 your trademark in black and white. 814 00:24:25,510 --> 00:24:27,180 And that means you're saying: 815 00:24:27,180 --> 00:24:29,148 "Hey USPTO, I am not claiming any color 816 00:24:29,148 --> 00:24:30,949 with the use of these trademarks." 817 00:24:30,950 --> 00:24:32,833 And that means that over the life 818 00:24:32,833 --> 00:24:33,640 of the trademark, 819 00:24:33,640 --> 00:24:35,616 if you wanted to swap out the colors 820 00:24:35,616 --> 00:24:37,400 that you're using in your trademark, 821 00:24:37,400 --> 00:24:39,020 you could and would still technically 822 00:24:39,020 --> 00:24:40,360 have legal protection for that. 823 00:24:40,360 --> 00:24:42,236 Because your registration is not in color, 824 00:24:42,240 --> 00:24:44,130 right? It's just in black and white. 825 00:24:44,130 --> 00:24:46,274 But, if for some reason you were like, 826 00:24:46,280 --> 00:24:48,424 hey, these colors are so important to me, 827 00:24:48,430 --> 00:24:49,780 I must, must, must, must, 828 00:24:49,780 --> 00:24:51,388 must have color in my trademark. 829 00:24:51,390 --> 00:24:53,154 I want everybody to know that I'm 830 00:24:53,154 --> 00:24:54,888 always using it with these colors. 831 00:24:54,890 --> 00:24:56,230 Cool, you can do that. 832 00:24:56,230 --> 00:24:58,002 You can submit an 833 00:24:58,002 --> 00:25:00,660 application for your trademark in color. 834 00:25:00,660 --> 00:25:02,142 And that means that when and 835 00:25:02,142 --> 00:25:03,660 so that means your specimen, 836 00:25:03,660 --> 00:25:05,739 your evidence of how you're actually using 837 00:25:05,739 --> 00:25:07,756 your trademark, has to be in those colors. 838 00:25:07,760 --> 00:25:08,033 OK, 839 00:25:08,033 --> 00:25:10,490 you can't say I'm going to submit my thing, 840 00:25:10,490 --> 00:25:12,128 and it's in red and yellow. 841 00:25:12,130 --> 00:25:14,034 And then when you submit your specimen, 842 00:25:14,040 --> 00:25:15,400 it's in purple and brown. 843 00:25:15,400 --> 00:25:15,684 Well, 844 00:25:15,684 --> 00:25:16,536 those don't match. 845 00:25:16,536 --> 00:25:17,956 You could have avoided the whole 846 00:25:17,956 --> 00:25:19,317 situation by just applying for 847 00:25:19,317 --> 00:25:20,853 your trademark in black and white, 848 00:25:20,860 --> 00:25:22,972 and then we as the USPTO when we're 849 00:25:22,972 --> 00:25:24,408 examining your specimen of use, 850 00:25:24,410 --> 00:25:26,597 we won't get all hung up on the fact 851 00:25:26,597 --> 00:25:28,506 that it's in coloring over here, 852 00:25:28,510 --> 00:25:30,830 but it's in a different color over here. 853 00:25:30,830 --> 00:25:31,745 Things like that. 854 00:25:31,745 --> 00:25:33,575 OK, so you have your option. 855 00:25:33,580 --> 00:25:35,110 This is not legal advice. 856 00:25:35,110 --> 00:25:37,259 I'm not telling you what to do. 857 00:25:37,260 --> 00:25:38,988 I'm not telling you to register 858 00:25:38,988 --> 00:25:40,842 your, trying to apply to register 859 00:25:40,842 --> 00:25:42,756 your trademark in black and white. 860 00:25:42,760 --> 00:25:44,800 I'm just saying that it is an option 861 00:25:44,800 --> 00:25:47,085 that is available to you if you 862 00:25:47,085 --> 00:25:48,795 want flexibility for your trademark 863 00:25:48,861 --> 00:25:50,715 over the life of your trademark. 864 00:25:50,720 --> 00:25:51,023 OK, 865 00:25:51,023 --> 00:25:52,841 so let's see how some examples 866 00:25:52,841 --> 00:25:54,090 of this in use. 867 00:25:54,090 --> 00:25:54,362 OK, 868 00:25:54,362 --> 00:25:55,722 so we know McDonald's has 869 00:25:55,722 --> 00:25:57,239 registered McDonald's as a standard 870 00:25:57,239 --> 00:25:58,693 character format mark, right? 871 00:25:58,693 --> 00:26:01,277 Which means they can use it in whatever 872 00:26:01,280 --> 00:26:03,317 font style, size, color they want too. 873 00:26:03,320 --> 00:26:04,484 They've also registered the 874 00:26:04,484 --> 00:26:05,648 golden arches there alone. 875 00:26:05,650 --> 00:26:07,105 They've also registered the golden 876 00:26:07,105 --> 00:26:08,560 arches over the word McDonald's. 877 00:26:08,560 --> 00:26:10,776 Now if we look over there on the 878 00:26:10,776 --> 00:26:12,627 right hand side of the screen, 879 00:26:12,630 --> 00:26:14,085 we can see essentially four 880 00:26:14,085 --> 00:26:15,540 different uses of their trademarks. 881 00:26:15,540 --> 00:26:16,704 Obviously across the top 882 00:26:16,704 --> 00:26:17,577 there McDonald's, right. 883 00:26:17,580 --> 00:26:19,907 As you can see, that doesn't match, right? 884 00:26:19,907 --> 00:26:21,392 You know the standard character 885 00:26:21,392 --> 00:26:23,690 mark is kind of in Times New Roman, 886 00:26:23,690 --> 00:26:25,430 but it doesn't look that way. 887 00:26:25,430 --> 00:26:26,530 And that's totally fine. 888 00:26:26,530 --> 00:26:28,180 Because when you register a trademark 889 00:26:28,224 --> 00:26:29,508 in standard character format, 890 00:26:29,510 --> 00:26:30,606 what does that mean? 891 00:26:30,606 --> 00:26:32,250 It means you can use the 892 00:26:32,317 --> 00:26:34,327 trademark in whatever font style, 893 00:26:34,330 --> 00:26:35,956 size, color you want to, right? 894 00:26:35,960 --> 00:26:37,724 It doesn't have to exactly match what 895 00:26:37,724 --> 00:26:39,480 it looks like in the application. 896 00:26:39,480 --> 00:26:41,106 It doesn't have to be in, 897 00:26:41,106 --> 00:26:42,190 essentially, Times New Roman, 898 00:26:42,190 --> 00:26:43,744 which is kind of like the 899 00:26:43,744 --> 00:26:45,170 default font when you apply. 900 00:26:45,170 --> 00:26:46,796 So, as you can see here, 901 00:26:46,800 --> 00:26:48,155 totally fine to use it 902 00:26:48,155 --> 00:26:49,239 in whatever they're in, 903 00:26:49,240 --> 00:26:50,590 distinctive McDonald's font is, OK? 904 00:26:50,590 --> 00:26:52,662 And so that's how we would see it 905 00:26:52,662 --> 00:26:54,672 used on a specimen to say, hey, 906 00:26:54,672 --> 00:26:56,646 I've got a restaurant and this is 907 00:26:56,646 --> 00:26:58,848 how it appears on my restaurant. 908 00:26:58,850 --> 00:27:00,236 Now, what about with regard to 909 00:27:00,236 --> 00:27:01,530 the bottom left hand corner? 910 00:27:01,530 --> 00:27:02,750 There, the golden arches is, 911 00:27:02,750 --> 00:27:04,946 as you can see, it's in black and white. 912 00:27:04,950 --> 00:27:06,902 Does it appear in black and white in 913 00:27:06,902 --> 00:27:08,366 the photograph? No, of course not. 914 00:27:08,366 --> 00:27:08,610 Why? 915 00:27:08,610 --> 00:27:10,346 Because they can put it in whatever 916 00:27:10,346 --> 00:27:12,084 color they want to because they applied 917 00:27:12,084 --> 00:27:13,714 for it in black and white, right? 918 00:27:13,714 --> 00:27:15,282 And we can see it appearing two, 919 00:27:15,282 --> 00:27:16,311 actually, three times, technically, 920 00:27:16,311 --> 00:27:17,636 on on the picture itself, 921 00:27:17,640 --> 00:27:19,341 on the front of the building there, 922 00:27:19,341 --> 00:27:21,048 on that stacked stone on the front. 923 00:27:21,050 --> 00:27:23,010 On the side there, and more stacked stone, 924 00:27:23,010 --> 00:27:24,578 and also up there on the top, 925 00:27:24,578 --> 00:27:26,598 right, at the top of the sign we 926 00:27:26,598 --> 00:27:27,883 can see those golden arches. 927 00:27:27,890 --> 00:27:29,110 That's also good usage. 928 00:27:29,110 --> 00:27:30,025 And, of course, 929 00:27:30,030 --> 00:27:32,226 the the composite design that the 930 00:27:32,226 --> 00:27:34,917 combination of the golden arches in a 931 00:27:34,917 --> 00:27:37,290 McDonald's appearing on the top of the sign. 932 00:27:37,290 --> 00:27:39,572 So if McDonald's you know potentially they 933 00:27:39,572 --> 00:27:42,240 I forget if they used exactly this one. 934 00:27:42,240 --> 00:27:45,210 I think that uses as one of their specimens. 935 00:27:45,210 --> 00:27:46,860 I don't remember exactly. Then, 936 00:27:46,860 --> 00:27:48,510 yeah, this is great usage. 937 00:27:48,510 --> 00:27:50,490 You can, you can see, oh, 938 00:27:50,490 --> 00:27:53,130 this is being used for a a a restaurant. 939 00:27:53,130 --> 00:27:55,223 OK, so that's use of a trademark 940 00:27:55,223 --> 00:27:57,418 as the name of the restaurant. 941 00:27:57,420 --> 00:27:58,716 Or as the logo. 942 00:27:58,716 --> 00:28:01,477 Now what if you were using a very 943 00:28:01,477 --> 00:28:03,679 specific name for a menu item? 944 00:28:03,680 --> 00:28:05,648 Could you protect that through trademark? 945 00:28:05,650 --> 00:28:06,306 Yes, absolutely. 946 00:28:06,306 --> 00:28:06,962 So here, 947 00:28:06,962 --> 00:28:08,274 as you can see, 948 00:28:08,280 --> 00:28:09,600 McDonald's has registered Big 949 00:28:09,600 --> 00:28:10,590 Mac, Quarter Pounder, 950 00:28:10,590 --> 00:28:12,714 Double Quarter Pounder, and you can 951 00:28:12,714 --> 00:28:15,089 look there on their menu there on 952 00:28:15,089 --> 00:28:17,490 the right hand side and you can see. 953 00:28:17,490 --> 00:28:17,980 Yeah yeah, 954 00:28:17,980 --> 00:28:19,940 I've circled it in red, but Big Mac, 955 00:28:19,994 --> 00:28:22,079 Quarter Pounder, and Double Quarter 956 00:28:22,079 --> 00:28:23,747 Pounder, all registered trademarks. 957 00:28:23,750 --> 00:28:25,592 So if you have specific items 958 00:28:25,592 --> 00:28:27,617 on your menu that you've got 959 00:28:27,617 --> 00:28:29,437 your own catchy little name for, 960 00:28:29,440 --> 00:28:31,600 you know, that no one 961 00:28:31,600 --> 00:28:33,040 else is using that 962 00:28:33,127 --> 00:28:35,863 as the as the name of that dish? 963 00:28:35,870 --> 00:28:37,754 Yeah, you could. You could protect 964 00:28:37,754 --> 00:28:39,790 it through a trademark registration. 965 00:28:39,790 --> 00:28:42,289 Some other examples would be Rooty Tooty 966 00:28:42,290 --> 00:28:44,789 Fresh 'N Fruity for, you know you, 967 00:28:44,790 --> 00:28:47,994 IHOP fans. Moons Over My Hammy for you 968 00:28:48,000 --> 00:28:50,142 Denny's fans. Bloomin' Onion from Outback 969 00:28:50,142 --> 00:28:51,476 Steakhouse. Frappuccino, of course, 970 00:28:51,476 --> 00:28:53,016 from Starbucks. And Cronut. Cronut 971 00:28:53,016 --> 00:28:55,140 is actually a registered trademark. 972 00:28:55,140 --> 00:28:56,925 That was obviously a big 973 00:28:56,925 --> 00:28:58,710 craze not too long ago. 974 00:28:58,710 --> 00:29:01,090 That cream filled doughnut croissant. 975 00:29:01,090 --> 00:29:03,407 Uh, and so that is actually a 976 00:29:03,407 --> 00:29:04,900 registered trademark for Cronut. 977 00:29:04,900 --> 00:29:07,660 Alright, so as we can see menu items, 978 00:29:07,660 --> 00:29:10,412 yes, yes you can register that as a 979 00:29:10,412 --> 00:29:12,785 trademark because when you see Big Mac 980 00:29:12,785 --> 00:29:14,930 you automatically know it's a burger, 981 00:29:14,930 --> 00:29:17,006 and I know who provided it. 982 00:29:17,010 --> 00:29:18,740 It came from McDonald's right? 983 00:29:18,740 --> 00:29:20,924 OK, OK, so other sort of non- 984 00:29:20,924 --> 00:29:22,690 traditional things that you could 985 00:29:22,690 --> 00:29:24,615 register as trademarks. For example, 986 00:29:24,620 --> 00:29:27,385 this sort of configuration, or a shape. 987 00:29:27,385 --> 00:29:28,765 Or in this case, 988 00:29:28,770 --> 00:29:30,500 the three dimensional mascot, right? 989 00:29:30,500 --> 00:29:31,622 They've registered this 990 00:29:31,622 --> 00:29:33,118 Ronald McDonald character here. 991 00:29:33,120 --> 00:29:34,404 This is, I think, 992 00:29:34,404 --> 00:29:36,330 the older version of Ronald McDonald. 993 00:29:36,330 --> 00:29:38,577 They've updated his look since the beginning, 994 00:29:38,580 --> 00:29:40,506 but as you can see here, 995 00:29:40,510 --> 00:29:41,419 they say hey, 996 00:29:41,419 --> 00:29:43,237 every time you see some guy 997 00:29:43,237 --> 00:29:44,998 in a costume like this, 998 00:29:45,000 --> 00:29:46,605 you know it's McDonald's and 999 00:29:46,605 --> 00:29:47,889 it's that's Ronald McDonald. 1000 00:29:47,890 --> 00:29:49,500 Same thing with the shape. 1001 00:29:49,500 --> 00:29:52,060 You could protect the shape in this case, 1002 00:29:52,060 --> 00:29:55,280 the shape of the Happy Meal box. 1003 00:29:55,280 --> 00:29:56,768 You could also use color as 1004 00:29:56,768 --> 00:29:58,360 something that you use to protect. 1005 00:29:58,360 --> 00:29:59,932 So if you're a restaurant or 1006 00:29:59,932 --> 00:30:01,190 whatever it happens to be, 1007 00:30:01,190 --> 00:30:03,038 is is always provides a thing in a 1008 00:30:03,038 --> 00:30:04,789 certain sort of wrapping or packaging, 1009 00:30:04,790 --> 00:30:06,589 and it's always in a particular color. 1010 00:30:06,590 --> 00:30:08,694 You might be able to register the color 1011 00:30:08,694 --> 00:30:10,699 being used in that way as a trademark. 1012 00:30:10,700 --> 00:30:12,500 So as you can see here on the left 1013 00:30:12,500 --> 00:30:14,656 you know back in the day when I first 1014 00:30:14,656 --> 00:30:16,799 started you were not allowed to submit 1015 00:30:16,799 --> 00:30:18,409 an actual color drawing. Applicants 1016 00:30:18,410 --> 00:30:20,012 would have to submit something that 1017 00:30:20,012 --> 00:30:21,857 was in black and white and they 1018 00:30:21,857 --> 00:30:23,544 would have to line it for color. 1019 00:30:23,550 --> 00:30:25,248 So as you can see here 1020 00:30:25,250 --> 00:30:27,450 McDonald's has lined the outside in red 1021 00:30:27,450 --> 00:30:29,766 and the inside, those stripes in yellow, 1022 00:30:29,770 --> 00:30:30,071 right? 1023 00:30:30,071 --> 00:30:32,780 So as you can see there on the right, 1024 00:30:32,780 --> 00:30:34,852 every time you see that french fry 1025 00:30:34,852 --> 00:30:37,250 package that has the red outside and the 1026 00:30:37,250 --> 00:30:39,399 yellow and white stripe on the inside, 1027 00:30:39,400 --> 00:30:40,900 you know it's from McDonald's, 1028 00:30:40,900 --> 00:30:41,187 right? 1029 00:30:41,187 --> 00:30:43,196 So this is another example of some 1030 00:30:43,196 --> 00:30:45,115 of the way that a restaurant can 1031 00:30:45,115 --> 00:30:47,154 use a sort of non-traditional trademark 1032 00:30:47,154 --> 00:30:49,230 to indicate the source of whatever 1033 00:30:49,230 --> 00:30:50,767 goods or services it provides. 1034 00:30:50,767 --> 00:30:52,720 And one last example here of a 1035 00:30:52,780 --> 00:30:54,555 non-traditional type of trademark 1036 00:30:54,555 --> 00:30:56,330 this would be registering color. 1037 00:30:56,330 --> 00:30:57,890 As you can see here, 1038 00:30:57,890 --> 00:30:59,130 they've registered color yellow, 1039 00:30:59,130 --> 00:31:00,060 the yellow awning. 1040 00:31:00,060 --> 00:31:00,359 OK, 1041 00:31:00,359 --> 00:31:02,452 so when you would see the the 1042 00:31:02,452 --> 00:31:04,293 yellow awning on a building like 1043 00:31:04,293 --> 00:31:06,462 this you would say, "Oh that must 1044 00:31:06,462 --> 00:31:07,838 be a a McDonald's." 1045 00:31:07,840 --> 00:31:09,700 OK, so think about your restaurant. 1046 00:31:09,700 --> 00:31:11,255 Is there something about your 1047 00:31:11,255 --> 00:31:12,810 restaurant say on the exterior? 1048 00:31:12,810 --> 00:31:14,651 Something like that? There's like, oh, 1049 00:31:14,651 --> 00:31:16,899 this is every time you see you you 1050 00:31:16,899 --> 00:31:19,318 know exactly that. It's us, right? 1051 00:31:19,318 --> 00:31:22,160 That is something that could be protected 1052 00:31:22,233 --> 00:31:24,870 by a trademark so long as it is what? 1053 00:31:24,870 --> 00:31:27,040 Indicating the source of your 1054 00:31:27,040 --> 00:31:28,776 particular goods and services. 1055 00:31:28,780 --> 00:31:30,550 Alright, so that's sort of the 1056 00:31:30,550 --> 00:31:32,928 basics of what a trademark is, right? 1057 00:31:32,928 --> 00:31:34,836 It's legal protection for a brand, 1058 00:31:34,840 --> 00:31:36,688 which is something that indicates the 1059 00:31:36,688 --> 00:31:38,670 source of your goods and services. 1060 00:31:38,670 --> 00:31:40,488 So let's talk about those trademark 1061 00:31:40,488 --> 00:31:42,180 rights and how they're created, 1062 00:31:42,180 --> 00:31:44,088 because they really can be created 1063 00:31:44,088 --> 00:31:45,042 in two ways. 1064 00:31:45,050 --> 00:31:47,098 One is through common law and one is 1065 00:31:47,098 --> 00:31:49,198 is through federal registration rights. 1066 00:31:49,200 --> 00:31:50,790 So let's go through it. 1067 00:31:50,790 --> 00:31:52,390 OK, so first things first, 1068 00:31:52,390 --> 00:31:54,934 so it can be created through common law, 1069 00:31:54,940 --> 00:31:56,620 which essentially means that is 1070 00:31:56,620 --> 00:31:58,819 as soon as you start to use 1071 00:31:58,820 --> 00:32:00,400 something that has your trademark 1072 00:32:00,400 --> 00:32:02,363 to indicate the source of your 1073 00:32:02,363 --> 00:32:03,329 goods and services, 1074 00:32:03,330 --> 00:32:04,940 you are creating trademark rights. 1075 00:32:04,940 --> 00:32:07,508 Now typically this is done under state law, 1076 00:32:07,510 --> 00:32:09,448 so wherever you happen to be, 1077 00:32:09,450 --> 00:32:12,002 there's probably a law on the books or 1078 00:32:12,002 --> 00:32:14,918 probably a court case that says this is true, 1079 00:32:14,920 --> 00:32:16,208 that you were creating 1080 00:32:16,208 --> 00:32:17,496 rights under common law. 1081 00:32:17,500 --> 00:32:19,804 Now the issue is that your rights are 1082 00:32:19,804 --> 00:32:22,194 limited to the geographic area in which 1083 00:32:22,194 --> 00:32:24,274 that trademark is being used, right? 1084 00:32:24,274 --> 00:32:26,946 So if you have a food truck and 1085 00:32:26,946 --> 00:32:29,510 you only pull it into the park. 1086 00:32:29,510 --> 00:32:31,448 You know somewhere in you know, 1087 00:32:31,450 --> 00:32:32,326 in Austin, TX, 1088 00:32:32,326 --> 00:32:34,078 and that's the only place where 1089 00:32:34,078 --> 00:32:35,649 you're selling your barbeque. 1090 00:32:35,650 --> 00:32:37,666 Well, your rights are really going to 1091 00:32:37,666 --> 00:32:40,171 only be in that geographic area, right? 1092 00:32:40,171 --> 00:32:42,426 In which you're in Austin, for example, 1093 00:32:42,426 --> 00:32:44,364 if you never go anywhere else, 1094 00:32:44,370 --> 00:32:46,308 and you never really advertise anywhere, 1095 00:32:46,310 --> 00:32:48,236 you only are operating in Austin, 1096 00:32:48,240 --> 00:32:49,855 then your rights are really 1097 00:32:49,855 --> 00:32:51,470 going to just be there. 1098 00:32:51,470 --> 00:32:53,736 OK, well, that's that's fine, I guess. 1099 00:32:53,736 --> 00:32:56,320 But what happens when you want to expand, 1100 00:32:56,320 --> 00:32:56,651 right? 1101 00:32:56,651 --> 00:32:58,637 But if you want to start 1102 00:32:58,637 --> 00:32:59,630 operating food trucks 1103 00:32:59,630 --> 00:33:01,662 in other cities or in other states outside 1104 00:33:01,662 --> 00:33:03,636 of Texas or something like that, right? 1105 00:33:03,636 --> 00:33:04,966 What are you gonna do? 1106 00:33:04,970 --> 00:33:06,874 You want to make sure that you have 1107 00:33:06,874 --> 00:33:08,437 protection for your trademarks, right? 1108 00:33:08,437 --> 00:33:10,306 For all of these other trucks nationwide. 1109 00:33:10,310 --> 00:33:11,836 So you've got to find a way 1110 00:33:11,836 --> 00:33:13,510 in order to protect yourself 1111 00:33:13,510 --> 00:33:14,293 nationwide, OK. 1112 00:33:14,293 --> 00:33:15,859 We're going to talk about that 1113 00:33:15,859 --> 00:33:16,990 in just one second, 1114 00:33:16,990 --> 00:33:19,222 but I do want to point out with regards 1115 00:33:19,222 --> 00:33:20,724 to common law trademark rights, 1116 00:33:20,724 --> 00:33:22,860 and I get this question all the time. 1117 00:33:22,860 --> 00:33:24,743 "Jason, what is up with the TM 1118 00:33:24,743 --> 00:33:26,600 and what is up with the SM? 1119 00:33:26,600 --> 00:33:28,469 When am I supposed to use that? 1120 00:33:28,470 --> 00:33:30,066 Do I have to use that? 1121 00:33:30,070 --> 00:33:30,374 What's 1122 00:33:30,374 --> 00:33:31,590 going on with it?" 1123 00:33:31,590 --> 00:33:34,590 OK. So the answer is you can you don't ever, 1124 00:33:34,590 --> 00:33:34,903 ever, 1125 00:33:34,903 --> 00:33:37,407 ever, by the way, have to use a TM 1126 00:33:37,407 --> 00:33:38,459 or an SM, right? 1127 00:33:38,459 --> 00:33:40,611 But what it is is a common law 1128 00:33:40,611 --> 00:33:42,089 indicator of trademark rights. 1129 00:33:42,090 --> 00:33:44,022 So as soon as you start to 1130 00:33:44,022 --> 00:33:45,689 use something as a trademark, 1131 00:33:45,690 --> 00:33:47,790 you can slap that TM on there. 1132 00:33:47,790 --> 00:33:49,290 You can slap the SM 1133 00:33:49,290 --> 00:33:51,090 on there. TM stands for trademark. 1134 00:33:51,090 --> 00:33:52,590 SM stands for service mark. 1135 00:33:52,590 --> 00:33:54,998 You can put that on there and you're 1136 00:33:54,998 --> 00:33:56,787 essentially putting the public on notice, 1137 00:33:56,790 --> 00:33:58,290 "Hey, I am claiming this 1138 00:33:58,290 --> 00:33:59,490 as my trademark." Right? 1139 00:33:59,490 --> 00:34:00,854 I'm using this as, 1140 00:34:00,854 --> 00:34:03,713 you know, Jason's BBQ is the is my is 1141 00:34:03,713 --> 00:34:06,119 my name on my food truck and, you know, 1142 00:34:06,120 --> 00:34:08,484 I'm claiming TM, OK, at the end, right? 1143 00:34:08,484 --> 00:34:09,918 You can do that, right? 1144 00:34:09,918 --> 00:34:11,982 You can put people on notice that you 1145 00:34:11,982 --> 00:34:14,087 are claiming something as a trademark. 1146 00:34:14,090 --> 00:34:14,975 You cannot, however, 1147 00:34:14,975 --> 00:34:17,040 use that "R in the circle" symbol. 1148 00:34:17,040 --> 00:34:19,236 You can only use the "R in the circle" 1149 00:34:19,236 --> 00:34:20,917 symbol after you have registered 1150 00:34:20,917 --> 00:34:22,637 your trademark with our office. 1151 00:34:24,680 --> 00:34:26,318 And what happens when you register 1152 00:34:26,318 --> 00:34:28,019 your trademark with our office? 1153 00:34:28,020 --> 00:34:29,959 Well, it's a good thing you asked. 1154 00:34:29,960 --> 00:34:31,936 It's it's great because you get a whole 1155 00:34:31,936 --> 00:34:33,948 bunch of benefits that you didn't have 1156 00:34:33,948 --> 00:34:36,318 before and these rights are created as soon 1157 00:34:36,318 --> 00:34:38,299 as you register your trademark with us. 1158 00:34:38,300 --> 00:34:39,990 It creates a legal presumption 1159 00:34:39,990 --> 00:34:41,680 that you own the trademark. 1160 00:34:41,680 --> 00:34:43,010 And it's a legal presumption 1161 00:34:43,010 --> 00:34:45,110 you have the right to use that 1162 00:34:45,110 --> 00:34:46,436 trademark throughout the United 1163 00:34:46,436 --> 00:34:47,920 States and its territories. 1164 00:34:47,920 --> 00:34:49,270 You're putting the public on 1165 00:34:49,270 --> 00:34:51,148 notice that it is your trademark, right? 1166 00:34:51,148 --> 00:34:53,030 Just not in Austin, but across the 1167 00:34:53,030 --> 00:34:54,380 country you're putting people on 1168 00:34:54,380 --> 00:34:54,916 notice. "Hey, 1169 00:34:54,916 --> 00:34:56,256 this is my trademark." Right? 1170 00:34:56,260 --> 00:34:57,856 You can bring legal action concerning 1171 00:34:57,856 --> 00:34:59,220 your trademark in federal court, 1172 00:34:59,220 --> 00:35:01,012 so if it turns out that it pops 1173 00:35:01,012 --> 00:35:02,656 up somebody across the country all 1174 00:35:02,656 --> 00:35:04,372 of a sudden starts using Jason's 1175 00:35:04,429 --> 00:35:05,939 BBQ on their food truck. 1176 00:35:05,940 --> 00:35:07,854 But you already have a registration. 1177 00:35:07,854 --> 00:35:10,174 Well, before you would need to go there 1178 00:35:10,174 --> 00:35:12,170 and try and stop them, right, from you 1179 00:35:12,170 --> 00:35:14,278 need to go there and sue them to try 1180 00:35:14,278 --> 00:35:16,422 and get them to stop using that trademark. 1181 00:35:16,430 --> 00:35:17,264 But not true 1182 00:35:17,264 --> 00:35:18,932 if you have a federal trademark 1183 00:35:18,940 --> 00:35:21,538 registration. You can go to your 1184 00:35:21,538 --> 00:35:23,270 nearest local federal courthouse, 1185 00:35:23,337 --> 00:35:25,245 file there, and make whoever that 1186 00:35:25,245 --> 00:35:27,869 is come to you in order to defend. 1187 00:35:27,870 --> 00:35:29,538 You can also record your registration 1188 00:35:29,538 --> 00:35:31,579 with US Customs and Border Protection, 1189 00:35:31,580 --> 00:35:33,393 which is really great if you are 1190 00:35:33,393 --> 00:35:34,974 operating in an industry where 1191 00:35:34,974 --> 00:35:36,829 there's lots of infringing goods. 1192 00:35:36,830 --> 00:35:38,380 Now with regard to restaurants, 1193 00:35:38,380 --> 00:35:39,612 maybe that's not necessarily 1194 00:35:39,612 --> 00:35:41,152 going to be the case. 1195 00:35:41,160 --> 00:35:41,928 Maybe it is, 1196 00:35:41,928 --> 00:35:43,720 but typically it's going to be for 1197 00:35:43,775 --> 00:35:45,790 things like clothing and electronics, 1198 00:35:45,790 --> 00:35:46,714 and you know, 1199 00:35:46,714 --> 00:35:48,254 and things of that sort, 1200 00:35:48,260 --> 00:35:51,319 but maybe you have this amazing hot 1201 00:35:51,319 --> 00:35:54,558 sauce that you, right, and you end up 1202 00:35:54,560 --> 00:35:55,424 that you got and that you sell. Well. 1203 00:35:55,424 --> 00:35:57,980 It turns out somebody finds a way to make 1204 00:35:57,980 --> 00:36:00,524 it cheap and it's not as good as yours and 1205 00:36:00,524 --> 00:36:03,054 yours is so so popular that they want to 1206 00:36:03,054 --> 00:36:04,698 they want to capitalize on that, 1207 00:36:04,700 --> 00:36:04,989 right? 1208 00:36:04,989 --> 00:36:07,301 So they they create this fake hot sauce 1209 00:36:07,301 --> 00:36:09,684 and they try and slap a version of your 1210 00:36:09,684 --> 00:36:11,817 label on it to try and trick people, 1211 00:36:11,820 --> 00:36:12,085 right? 1212 00:36:12,085 --> 00:36:14,205 And then they ship it into the United 1213 00:36:14,205 --> 00:36:16,173 States to try and flood the market 1214 00:36:16,173 --> 00:36:17,850 with their cheap knockoff hot sauce. 1215 00:36:17,850 --> 00:36:18,100 Well, 1216 00:36:18,100 --> 00:36:19,600 if you have recorded your registration 1217 00:36:19,600 --> 00:36:21,140 with Customs and Border Protection, 1218 00:36:21,140 --> 00:36:22,706 they can stop those infringing goods 1219 00:36:22,706 --> 00:36:25,736 from entering into the country. Which is 1220 00:36:25,736 --> 00:36:26,529 pretty great. 1221 00:36:26,530 --> 00:36:28,525 You can also use your registration as 1222 00:36:28,525 --> 00:36:30,950 a basis for filing in another country, 1223 00:36:30,950 --> 00:36:32,530 OK, which is important because 1224 00:36:32,530 --> 00:36:34,110 trademark rights are country based, 1225 00:36:34,110 --> 00:36:34,426 right? 1226 00:36:34,426 --> 00:36:35,690 Just because you register 1227 00:36:35,690 --> 00:36:36,954 in the United States, 1228 00:36:36,960 --> 00:36:39,109 that does not mean that you have 1229 00:36:39,109 --> 00:36:40,430 protection around the world. 1230 00:36:40,430 --> 00:36:40,765 OK, 1231 00:36:40,765 --> 00:36:43,110 it only means you have protection in 1232 00:36:43,110 --> 00:36:45,629 the United States and its territories. 1233 00:36:45,630 --> 00:36:47,734 There is no such thing as a sort 1234 00:36:47,734 --> 00:36:48,850 of international trademark, 1235 00:36:48,850 --> 00:36:50,026 automatic international trademark protection. 1236 00:36:50,026 --> 00:36:50,320 OK, 1237 00:36:50,320 --> 00:36:52,078 if you want protection in Canada, 1238 00:36:52,080 --> 00:36:53,208 you gotta register your 1239 00:36:53,208 --> 00:36:54,900 trademark in Canada. You want in 1240 00:36:54,953 --> 00:36:56,760 Mexico, you gotta register in Mexico. 1241 00:36:56,760 --> 00:36:58,518 You want you want it in Italy. 1242 00:36:58,520 --> 00:37:00,864 You gotta register in Italy. If you 1243 00:37:00,864 --> 00:37:02,920 want it, you get the point, right? 1244 00:37:02,920 --> 00:37:04,964 So anywhere you want to have protection, 1245 00:37:04,970 --> 00:37:07,658 you need to register in that country. 1246 00:37:07,660 --> 00:37:10,252 Now the great thing is that a federal 1247 00:37:10,252 --> 00:37:11,590 trademark application or registration 1248 00:37:11,590 --> 00:37:13,781 can serve as the basis for extending 1249 00:37:13,781 --> 00:37:15,918 your protection into another country. 1250 00:37:15,920 --> 00:37:18,298 It's known as the Madrid Protocol, right? 1251 00:37:18,298 --> 00:37:20,206 And so if you want to 1252 00:37:20,206 --> 00:37:21,760 extend into another country, 1253 00:37:21,760 --> 00:37:24,868 you can file through the Madrid Protocol 1254 00:37:24,868 --> 00:37:28,090 and then it creates sort of this 1255 00:37:28,090 --> 00:37:29,805 international application and then that 1256 00:37:29,805 --> 00:37:31,808 international application can be used to 1257 00:37:31,808 --> 00:37:33,446 file in a bunch of different countries. 1258 00:37:33,450 --> 00:37:34,940 Now I'll tell you, right, 1259 00:37:34,940 --> 00:37:36,682 it's going to be expensive, right? 1260 00:37:36,682 --> 00:37:38,194 'cause you gotta pay fees everywhere 1261 00:37:38,194 --> 00:37:40,048 you go and what's happening is 1262 00:37:40,048 --> 00:37:41,798 essentially through the Madrid Protocol, 1263 00:37:41,800 --> 00:37:43,192 you're creating national applications 1264 00:37:43,192 --> 00:37:45,593 in all of these other countries that 1265 00:37:45,593 --> 00:37:47,392 you've identified. So much in the same 1266 00:37:47,392 --> 00:37:49,347 way that you might have a national 1267 00:37:49,347 --> 00:37:51,038 application here in the United States, 1268 00:37:51,038 --> 00:37:52,528 you're creating a similar one 1269 00:37:52,528 --> 00:37:54,013 in those other countries, right? 1270 00:37:54,013 --> 00:37:56,064 So you've got to go through their 1271 00:37:56,064 --> 00:37:58,097 process in order to register there. 1272 00:37:58,100 --> 00:37:58,940 But, as I said, 1273 00:37:58,940 --> 00:38:00,475 it's a great benefit because you can 1274 00:38:00,475 --> 00:38:02,043 use the Madrid Protocol to try and 1275 00:38:02,043 --> 00:38:03,788 extend your protection around the world. 1276 00:38:03,790 --> 00:38:05,726 And of course the coolest thing of all 1277 00:38:05,726 --> 00:38:08,047 is you get to use the "R in the circle" 1278 00:38:08,050 --> 00:38:08,301 symbol, 1279 00:38:08,301 --> 00:38:08,552 right? 1280 00:38:08,552 --> 00:38:11,138 You no longer have to use that TM or the SM. 1281 00:38:11,140 --> 00:38:12,895 You can slap your "R in a circle" on 1282 00:38:12,895 --> 00:38:14,781 there and people can know that you 1283 00:38:14,781 --> 00:38:16,110 have registered your trademark. Now 1284 00:38:16,110 --> 00:38:17,888 often times people ask and it's the 1285 00:38:17,888 --> 00:38:19,669 same thing for the TM and the SM, 1286 00:38:19,670 --> 00:38:21,329 they'll ask where do I use it? 1287 00:38:21,330 --> 00:38:23,454 Do I have to put it at the end? 1288 00:38:23,460 --> 00:38:25,830 Do I put it above? Do I put it below? 1289 00:38:25,830 --> 00:38:27,489 What font am I supposed to use? 1290 00:38:27,490 --> 00:38:29,380 Hey. It's up to you. 1291 00:38:29,380 --> 00:38:29,642 OK. 1292 00:38:29,642 --> 00:38:31,214 It is really your choice how 1293 00:38:31,214 --> 00:38:32,420 you want to do it. 1294 00:38:32,420 --> 00:38:34,121 Oftentimes, you will see people putting 1295 00:38:34,121 --> 00:38:36,194 it at the right hand side of a trademark. 1296 00:38:36,194 --> 00:38:38,010 They put it in superscript. 1297 00:38:38,010 --> 00:38:39,280 They put it in subscript. 1298 00:38:39,280 --> 00:38:41,530 But then again I've seen it pop up in the 1299 00:38:41,593 --> 00:38:43,849 middle of a trademark down at the bottom. 1300 00:38:43,850 --> 00:38:44,711 Doesn't really matter. 1301 00:38:44,711 --> 00:38:47,239 You can sort of put it wherever so long 1302 00:38:47,239 --> 00:38:49,071 as people are aware that it is your 1303 00:38:49,125 --> 00:38:50,997 that you know that they can see and 1304 00:38:50,997 --> 00:38:53,430 they can see that registration symbol. 1305 00:38:53,430 --> 00:38:53,765 Alright, 1306 00:38:53,765 --> 00:38:56,445 so now we know what a trademark is, 1307 00:38:56,450 --> 00:38:56,750 right? 1308 00:38:56,750 --> 00:38:59,150 And we know why you might want to 1309 00:38:59,150 --> 00:39:01,083 federally register your trademark in 1310 00:39:01,083 --> 00:39:03,429 order to get nationwide protection for 1311 00:39:03,491 --> 00:39:05,591 as your as you expand your restaurant 1312 00:39:05,591 --> 00:39:07,170 and began to franchise everywhere. 1313 00:39:07,170 --> 00:39:08,845 So let's very briefly talk 1314 00:39:08,845 --> 00:39:09,850 through through registration. 1315 00:39:09,850 --> 00:39:11,860 Oops, here we go, wrong way. 1316 00:39:11,860 --> 00:39:13,865 So let's talk through registration, right? 1317 00:39:13,865 --> 00:39:15,205 Because I understand people 1318 00:39:15,205 --> 00:39:16,210 sometimes confuse this. 1319 00:39:16,210 --> 00:39:17,215 They're like, "Hey, 1320 00:39:17,215 --> 00:39:18,220 I gotta go, 1321 00:39:18,220 --> 00:39:19,664 I gotta trademark something. 1322 00:39:19,664 --> 00:39:21,830 I wanted to trademark my 1323 00:39:21,899 --> 00:39:23,777 trademark this or I wanted to 1324 00:39:23,777 --> 00:39:25,976 buy a trademark. I wanted to go 1325 00:39:25,976 --> 00:39:27,860 get a trademark from the USPTO." 1326 00:39:27,860 --> 00:39:29,785 That's not exactly how it works. As 1327 00:39:29,785 --> 00:39:31,629 you might have already intuited, 1328 00:39:31,630 --> 00:39:33,514 what happens is you, as a 1329 00:39:33,514 --> 00:39:34,770 business, have a trademark. 1330 00:39:34,770 --> 00:39:36,340 You have your brand name, 1331 00:39:36,340 --> 00:39:37,532 your slogan, your logo, 1332 00:39:37,532 --> 00:39:40,026 whatever it is that you use to indicate 1333 00:39:40,026 --> 00:39:42,294 the source of your goods and services, 1334 00:39:42,300 --> 00:39:44,612 and what you decide to do is apply 1335 00:39:44,612 --> 00:39:46,698 to register that trademark with us. 1336 00:39:46,700 --> 00:39:47,952 With the United States 1337 00:39:47,952 --> 00:39:49,204 Patent and Trademark Office. 1338 00:39:49,210 --> 00:39:51,714 And that is our job. As the USPTO, 1339 00:39:51,720 --> 00:39:53,056 it is our job. 1340 00:39:53,056 --> 00:39:55,076 Our mission is to register trademarks. 1341 00:39:55,076 --> 00:39:57,498 And we wish we could register every 1342 00:39:57,498 --> 00:40:00,168 single trademark that came in the door, 1343 00:40:00,170 --> 00:40:01,778 but, unfortunately, that's not the case. 1344 00:40:01,780 --> 00:40:03,120 OK, we would love to. 1345 00:40:03,120 --> 00:40:04,200 We would love to, 1346 00:40:04,200 --> 00:40:05,010 but we can't. 1347 00:40:05,010 --> 00:40:06,618 So then the issue is that not every 1348 00:40:06,618 --> 00:40:08,394 trademark is registrable and there might 1349 00:40:08,394 --> 00:40:10,039 be reasons why your registration 1350 00:40:10,039 --> 00:40:11,458 might be refused and 1351 00:40:11,460 --> 00:40:13,105 I'm going to talk about two big 1352 00:40:13,105 --> 00:40:14,910 reasons why it could be refused and 1353 00:40:14,910 --> 00:40:17,157 the other thing to think about is that 1354 00:40:17,157 --> 00:40:18,727 not every trademark is enforceable. 1355 00:40:18,730 --> 00:40:20,074 So once you register your trademark 1356 00:40:20,074 --> 00:40:22,319 and you have in your hot little hands 1357 00:40:22,319 --> 00:40:23,568 that registration certificate, that 1358 00:40:23,568 --> 00:40:25,712 doesn't mean you're out of the woods right? 1359 00:40:25,720 --> 00:40:26,860 Because 1360 00:40:26,860 --> 00:40:28,000 of 1361 00:40:28,000 --> 00:40:28,642 common law 1362 00:40:28,642 --> 00:40:30,247 trademark rights. And common law 1363 00:40:30,247 --> 00:40:31,877 trademark rights are created when 1364 00:40:31,877 --> 00:40:33,713 trademarks first begin to be used 1365 00:40:33,713 --> 00:40:35,343 and trademarks in this country are 1366 00:40:35,343 --> 00:40:37,384 based upon use. So it could be a 1367 00:40:37,384 --> 00:40:39,166 situation where somebody you know has 1368 00:40:39,166 --> 00:40:41,189 been using a trademark for many, 1369 00:40:41,190 --> 00:40:41,774 many years. 1370 00:40:41,774 --> 00:40:43,526 Never got around to registering it, 1371 00:40:43,530 --> 00:40:45,288 but they've been using it nationwide. 1372 00:40:45,290 --> 00:40:47,410 They have super strong rights. 1373 00:40:47,410 --> 00:40:49,450 You go ahead and and register 1374 00:40:49,450 --> 00:40:51,190 that trademark. Well, guess what, 1375 00:40:51,190 --> 00:40:52,910 even though you have that 1376 00:40:52,910 --> 00:40:54,286 registration in your hand, 1377 00:40:54,290 --> 00:40:56,635 it doesn't mean that you have superior 1378 00:40:56,635 --> 00:40:58,420 rights. That other person who had 1379 00:40:58,420 --> 00:40:59,060 common law 1380 00:40:59,060 --> 00:41:00,980 trademark rights might be able to 1381 00:41:00,980 --> 00:41:03,230 stop you from using your trademark, 1382 00:41:03,230 --> 00:41:05,582 and they might be able to cancel 1383 00:41:05,582 --> 00:41:06,998 your registration because they 1384 00:41:06,998 --> 00:41:08,386 have the stronger rights. 1385 00:41:08,390 --> 00:41:10,394 So obviously you want to avoid 1386 00:41:10,394 --> 00:41:12,495 that situation. So you as a 1387 00:41:12,495 --> 00:41:14,240 budding restaurateur 1388 00:41:14,240 --> 00:41:15,960 or food truck operator, right? 1389 00:41:15,960 --> 00:41:18,156 You don't want that to happen. 1390 00:41:18,160 --> 00:41:18,763 You want to. 1391 00:41:18,763 --> 00:41:20,170 You don't want to go through the 1392 00:41:20,221 --> 00:41:21,697 process of like figuring out your 1393 00:41:21,697 --> 00:41:23,508 trademark is going to be and then 1394 00:41:23,508 --> 00:41:24,803 registering the trademark and only 1395 00:41:24,803 --> 00:41:26,310 to discover later on that somebody 1396 00:41:26,310 --> 00:41:27,960 else has stronger rights than you do, 1397 00:41:27,960 --> 00:41:29,864 and you can no longer use that trademark. 1398 00:41:29,870 --> 00:41:30,830 Or if you do, 1399 00:41:30,830 --> 00:41:32,270 you're going to get in trouble 1400 00:41:32,330 --> 00:41:33,975 and get sued for a bunch of 1401 00:41:33,975 --> 00:41:35,607 money. You don't want to do that. 1402 00:41:35,610 --> 00:41:37,276 No. So what you want to do, 1403 00:41:37,280 --> 00:41:38,760 and this is what we would love for 1404 00:41:38,760 --> 00:41:40,542 you to be able to do, is select a 1405 00:41:40,542 --> 00:41:41,948 trademark that is both federally 1406 00:41:41,948 --> 00:41:43,488 registrable and legally protectable. 1407 00:41:43,490 --> 00:41:45,121 And we're going to talk about two 1408 00:41:45,121 --> 00:41:46,803 big things that are going to help 1409 00:41:46,803 --> 00:41:48,201 you get there. Because it's it's 1410 00:41:48,253 --> 00:41:49,918 very important that you understand, 1411 00:41:49,920 --> 00:41:54,974 as well, the misconception that you 1412 00:41:54,974 --> 00:41:57,340 own words. OK, 'cause sometimes people 1413 00:41:57,340 --> 00:41:59,340 say that as well that they want to. 1414 00:41:59,340 --> 00:42:02,120 "Oh yeah, if I if I get a trademark in this, 1415 00:42:02,120 --> 00:42:03,723 that means I own it and no 1416 00:42:03,723 --> 00:42:05,409 one else can use these words." 1417 00:42:05,410 --> 00:42:07,174 No, that is not what that means. 1418 00:42:07,180 --> 00:42:08,692 What it means with a federal 1419 00:42:08,692 --> 00:42:09,196 trademark registration, 1420 00:42:09,200 --> 00:42:11,064 it means that you have the exclusive right 1421 00:42:11,064 --> 00:42:13,092 to use that word or words with regard 1422 00:42:13,092 --> 00:42:14,769 to your specific goods and services. 1423 00:42:14,770 --> 00:42:17,300 It does not mean that you own the words out 1424 00:42:17,300 --> 00:42:18,565 right? OK. Apple has registered 1425 00:42:18,565 --> 00:42:19,830 the word apple for computers. 1426 00:42:19,830 --> 00:42:21,252 Does that mean that no one 1427 00:42:21,252 --> 00:42:22,870 else can say the word apple? 1428 00:42:22,870 --> 00:42:23,986 No, of course not. 1429 00:42:23,986 --> 00:42:25,381 Everybody can say the word 1430 00:42:25,381 --> 00:42:26,587 apple if they want to. 1431 00:42:26,590 --> 00:42:28,618 Right, it only means that other 1432 00:42:28,618 --> 00:42:30,394 tech companies and other people 1433 00:42:30,394 --> 00:42:32,204 providing things similar to Apple 1434 00:42:32,204 --> 00:42:34,498 cannot use apple as a brand name. 1435 00:42:34,500 --> 00:42:36,648 OK, so let's talk about things. 1436 00:42:36,650 --> 00:42:38,918 Let's talk about a trademark that 1437 00:42:38,918 --> 00:42:40,430 is both federally registrable 1438 00:42:40,497 --> 00:42:41,940 and legally protectable. 1439 00:42:41,940 --> 00:42:44,264 And the two reasons why your trademark 1440 00:42:44,264 --> 00:42:46,008 could be refused registration with 1441 00:42:46,008 --> 00:42:48,381 the two main big concepts that we 1442 00:42:48,381 --> 00:42:50,773 want to talk through are likelihood of 1443 00:42:50,773 --> 00:42:52,786 confusion and strength of the trademark. 1444 00:42:52,786 --> 00:42:54,138 So, first things first. 1445 00:42:54,140 --> 00:42:55,145 Likelihood of confusion. 1446 00:42:55,145 --> 00:42:55,480 OK, 1447 00:42:55,480 --> 00:42:57,903 so this is a situation where two 1448 00:42:57,903 --> 00:42:59,291 marks are incredibly similar 1449 00:42:59,291 --> 00:43:01,395 and it confuses the public and 1450 00:43:01,395 --> 00:43:02,619 they're like not sure, 1451 00:43:02,620 --> 00:43:05,042 and they think that the same company 1452 00:43:05,042 --> 00:43:07,370 is providing both of those things OK. 1453 00:43:07,370 --> 00:43:09,398 And this is a statutory refusal. 1454 00:43:09,400 --> 00:43:11,506 And if your trademark is likely 1455 00:43:11,506 --> 00:43:12,559 to cause confusion 1456 00:43:12,560 --> 00:43:14,646 with one that is in our database, 1457 00:43:14,650 --> 00:43:16,318 your trademark will be refused. And 1458 00:43:16,318 --> 00:43:18,739 so what's going to happen is when you 1459 00:43:18,739 --> 00:43:20,623 apply to register, the examining attorney 1460 00:43:20,630 --> 00:43:22,694 in your case is going to look at 1461 00:43:22,694 --> 00:43:24,491 our database and they're going to 1462 00:43:24,491 --> 00:43:26,315 look at all the applications and 1463 00:43:26,380 --> 00:43:28,312 registrations that are in there that 1464 00:43:28,312 --> 00:43:30,134 are still alive and they're going 1465 00:43:30,134 --> 00:43:32,003 to say, "When I compare everything in 1466 00:43:32,003 --> 00:43:33,790 the database to your application, 1467 00:43:33,790 --> 00:43:36,135 are there any in which the trademarks 1468 00:43:36,135 --> 00:43:38,190 are confusingly similar and the goods 1469 00:43:38,190 --> 00:43:39,840 and services provided are related?" 1470 00:43:39,840 --> 00:43:41,450 Right, they're doing this test. 1471 00:43:41,450 --> 00:43:43,697 There are some other elements as well, 1472 00:43:43,700 --> 00:43:46,276 but it really boils down to these two. 1473 00:43:46,280 --> 00:43:47,885 Main prongs. Are the trademarks 1474 00:43:47,885 --> 00:43:48,527 confusingly similar 1475 00:43:48,530 --> 00:43:50,784 and are the goods and services related. 1476 00:43:50,790 --> 00:43:52,554 And if both of those things are 1477 00:43:52,554 --> 00:43:54,270 true, then your application will 1478 00:43:54,270 --> 00:43:55,620 be refused registration. 1479 00:43:55,620 --> 00:43:57,741 Now you'll notice the slide does not 1480 00:43:57,741 --> 00:43:59,973 say that the trademarks have to be 1481 00:43:59,973 --> 00:44:02,265 identical and it does not say that 1482 00:44:02,265 --> 00:44:04,953 the goods and services have to be identical. 1483 00:44:04,960 --> 00:44:06,565 It just says similar and 1484 00:44:06,565 --> 00:44:07,849 related. And similarity means 1485 00:44:07,850 --> 00:44:09,782 that it sounds like, looks 1486 00:44:09,782 --> 00:44:10,748 like, similar impression, 1487 00:44:10,750 --> 00:44:11,694 similar meaning. 1488 00:44:11,694 --> 00:44:13,110 And for relatedness, 1489 00:44:13,110 --> 00:44:14,892 it just means that consumers are 1490 00:44:14,892 --> 00:44:16,838 used to seeing one company provide 1491 00:44:16,838 --> 00:44:19,281 both types of goods. Or one company 1492 00:44:19,281 --> 00:44:21,439 providing both types of services. And 1493 00:44:21,439 --> 00:44:23,184 that's the test that's performed, 1494 00:44:23,190 --> 00:44:23,525 right? 1495 00:44:23,525 --> 00:44:25,535 So oftentimes people will say, "OK, 1496 00:44:25,540 --> 00:44:27,885 but does that mean that I can 1497 00:44:27,890 --> 00:44:29,906 there can't be two identical trademarks 1498 00:44:29,906 --> 00:44:31,250 that are out there?" 1499 00:44:31,250 --> 00:44:33,602 Well, no, it doesn't mean that at 1500 00:44:33,602 --> 00:44:35,556 all actually, because if you think 1501 00:44:35,556 --> 00:44:37,470 about some of the more famous 1502 00:44:37,540 --> 00:44:39,646 trademarks you might be aware of, 1503 00:44:39,650 --> 00:44:42,960 think about the trademark Dove. 1504 00:44:42,960 --> 00:44:45,648 Right? Dove for soap coexists with the 1505 00:44:45,648 --> 00:44:47,900 trademark Dove for ice cream bars. 1506 00:44:47,900 --> 00:44:50,560 Do consumers get confused by these? 1507 00:44:50,560 --> 00:44:52,460 No? And why is that? 1508 00:44:52,460 --> 00:44:54,360 Even though the trademarks are 1509 00:44:54,360 --> 00:44:56,640 exactly identical? Do we get confused? 1510 00:44:56,640 --> 00:44:59,666 No, because a company that makes soap 1511 00:44:59,666 --> 00:45:03,059 typically does not also make ice cream bars. 1512 00:45:03,060 --> 00:45:04,684 Right, think about Delta. 1513 00:45:04,684 --> 00:45:07,120 Delta is registered for airline services. 1514 00:45:07,120 --> 00:45:09,010 Is also registered for, you know, 1515 00:45:09,010 --> 00:45:10,555 faucets and plumbing fixtures. Are 1516 00:45:10,555 --> 00:45:12,490 we confused when we see Delta? 1517 00:45:12,490 --> 00:45:14,499 No, because we know the company that 1518 00:45:14,499 --> 00:45:16,119 does airline services probably also 1519 00:45:16,119 --> 00:45:17,837 doesn't do plumbing fixtures, right? 1520 00:45:17,837 --> 00:45:20,213 So the same thing could be true with 1521 00:45:20,213 --> 00:45:22,079 regard to your restaurant or your 1522 00:45:22,079 --> 00:45:24,340 food truck or your kiosk or whatever 1523 00:45:24,340 --> 00:45:26,386 it is that, your catering business, 1524 00:45:26,390 --> 00:45:28,286 whatever it is that you provide, 1525 00:45:28,290 --> 00:45:30,327 it's quite possible that you could have 1526 00:45:30,327 --> 00:45:32,707 the exact same trademark as somebody else, 1527 00:45:32,710 --> 00:45:34,838 but so long as you were providing 1528 00:45:34,838 --> 00:45:36,330 unrelated goods and services, 1529 00:45:36,330 --> 00:45:38,616 the two of you could coexist 1530 00:45:38,616 --> 00:45:39,759 in the marketplace. 1531 00:45:39,760 --> 00:45:42,000 So let me just give you a couple 1532 00:45:42,000 --> 00:45:44,053 examples that that we had found over 1533 00:45:44,053 --> 00:45:46,399 the years that have been written about. 1534 00:45:46,400 --> 00:45:48,640 One was a company that was a food 1535 00:45:48,640 --> 00:45:49,730 and restaurant company. 1536 00:45:49,730 --> 00:45:51,584 Olympia provisions. And they chose their 1537 00:45:51,584 --> 00:45:53,650 name and they called it The Olympic. 1538 00:45:53,650 --> 00:45:55,462 It was based upon the Olympic 1539 00:45:55,462 --> 00:45:56,066 Cereal Building, 1540 00:45:56,070 --> 00:45:57,813 which is where they were housed, and 1541 00:45:57,813 --> 00:45:59,938 so they had their signage 1542 00:45:59,938 --> 00:46:01,583 and their trademarks and probably 1543 00:46:01,583 --> 00:46:03,617 their menus and everything like that. 1544 00:46:03,620 --> 00:46:05,426 And they were they were doing, 1545 00:46:05,430 --> 00:46:06,935 I think they were doing delivery 1546 00:46:06,935 --> 00:46:08,750 services and and things like that. 1547 00:46:08,750 --> 00:46:10,034 Well, the actual International 1548 00:46:10,034 --> 00:46:11,577 Olympic Committee, is like no, 1549 00:46:11,577 --> 00:46:13,670 you cannot use the word Olympic and 1550 00:46:13,731 --> 00:46:16,034 know for that company had to stop 1551 00:46:16,034 --> 00:46:18,088 using that trademark and so that means 1552 00:46:18,088 --> 00:46:20,216 they had to give up all the things, 1553 00:46:20,216 --> 00:46:22,407 all the branding stuff that they had 1554 00:46:22,407 --> 00:46:24,348 created over over a period of years. 1555 00:46:24,350 --> 00:46:25,835 Another example was Chubby Noodle 1556 00:46:25,835 --> 00:46:27,668 and Fat Noodle, right? Case here 1557 00:46:27,668 --> 00:46:29,396 where Chubby Noodle and Fat Noodle, 1558 00:46:29,400 --> 00:46:31,176 both of them for for restaurants. 1559 00:46:31,180 --> 00:46:32,968 And so it's a situation where 1560 00:46:32,968 --> 00:46:35,034 consumers may like which one, is it? 1561 00:46:35,034 --> 00:46:36,519 Chubby Noodle? Is it Fat Noodle? 1562 00:46:36,520 --> 00:46:39,226 I forget it's Fat Noodle? Chubby Noodle, right? 1563 00:46:39,226 --> 00:46:40,856 So this trademarks are similar. 1564 00:46:40,860 --> 00:46:42,576 And they're being used for related, 1565 00:46:42,580 --> 00:46:43,534 if not identical, 1566 00:46:43,534 --> 00:46:45,442 services that could be a situation 1567 00:46:45,442 --> 00:46:47,482 where even if you put in a bunch of 1568 00:46:47,482 --> 00:46:49,438 time and effort into your trademark, 1569 00:46:49,440 --> 00:46:51,328 you might be in trouble if it turns 1570 00:46:51,328 --> 00:46:53,195 out that somebody else has stronger 1571 00:46:53,195 --> 00:46:55,156 trademark rights than you do, right? 1572 00:46:55,156 --> 00:46:57,158 So you want to avoid that situation. 1573 00:46:57,160 --> 00:46:59,155 All right, you want to avoid that, 1574 00:46:59,160 --> 00:47:01,127 and so the way that you avoid 1575 00:47:01,127 --> 00:47:03,169 that situation is you do what is 1576 00:47:03,169 --> 00:47:04,594 known as a clearance search. 1577 00:47:04,600 --> 00:47:06,441 and that means that you are clearing 1578 00:47:06,441 --> 00:47:08,030 the area around your trademark. 1579 00:47:08,030 --> 00:47:10,318 Now, if you're doing this on your own, 1580 00:47:10,320 --> 00:47:12,427 if you're not represented by an attorney. 1581 00:47:12,430 --> 00:47:13,924 Then there are at least two 1582 00:47:13,924 --> 00:47:15,500 things that we would recommend. 1583 00:47:15,500 --> 00:47:17,446 OK, at a very, very base level. 1584 00:47:17,450 --> 00:47:19,396 These are the two things we'd recommend. 1585 00:47:19,400 --> 00:47:21,425 First of all, you do a search in our 1586 00:47:21,425 --> 00:47:23,365 database and you search using the 1587 00:47:23,365 --> 00:47:24,697 Trademark Electronic Search System. 1588 00:47:24,700 --> 00:47:27,012 You can follow the link there in the 1589 00:47:27,012 --> 00:47:29,661 slides to take you to TESS, as it is known. 1590 00:47:29,661 --> 00:47:32,238 And you can look in our database to see. 1591 00:47:32,240 --> 00:47:34,264 Is there anybody else in here who has 1592 00:47:34,264 --> 00:47:35,942 applied for or registered a trademark 1593 00:47:35,942 --> 00:47:38,267 that is similar to mine and is being 1594 00:47:38,267 --> 00:47:40,043 used for related goods and services? 1595 00:47:40,050 --> 00:47:41,820 And the other thing we'd suggest 1596 00:47:41,820 --> 00:47:44,233 is you look online. Nice and easy, right? 1597 00:47:44,233 --> 00:47:46,657 You pop it into Google and Bing and 1598 00:47:46,657 --> 00:47:48,541 Yahoo and any other search engine 1599 00:47:48,541 --> 00:47:50,878 you can think of and look to see. 1600 00:47:50,880 --> 00:47:52,904 Is anybody else out there using a same 1601 00:47:52,904 --> 00:47:54,496 or similar trademark for restaurant 1602 00:47:54,496 --> 00:47:56,911 services or cafe services or bar services? 1603 00:47:56,920 --> 00:47:58,732 Or you know food delivery services 1604 00:47:58,732 --> 00:47:59,336 or whatever 1605 00:47:59,340 --> 00:48:01,152 it happens to be that that 1606 00:48:01,152 --> 00:48:02,360 is what you're doing. 1607 00:48:02,360 --> 00:48:04,172 Is anybody else out there already 1608 00:48:04,172 --> 00:48:05,380 using a similar trademark? 1609 00:48:05,380 --> 00:48:07,280 If so, 1610 00:48:07,280 --> 00:48:09,430 I might be in trouble I I might want to 1611 00:48:09,491 --> 00:48:11,500 rethink this and have another brand name 1612 00:48:11,500 --> 00:48:14,077 that I want to think of for my restaurant. 1613 00:48:14,080 --> 00:48:16,564 Now that's a very basic that you would do. 1614 00:48:16,570 --> 00:48:17,614 We also recommend always, 1615 00:48:17,614 --> 00:48:19,180 always that you end up working 1616 00:48:19,235 --> 00:48:20,447 with a trademark attorney, 1617 00:48:20,450 --> 00:48:22,020 because an experienced trademark practitioner 1618 00:48:22,020 --> 00:48:24,105 knows what she is doing OK and 1619 00:48:24,105 --> 00:48:25,708 who's done this a bunch of times. 1620 00:48:25,710 --> 00:48:27,822 Has done a lot of these searches and 1621 00:48:27,822 --> 00:48:30,170 so that means that that attorney can do 1622 00:48:30,170 --> 00:48:32,637 the search for you so you don't have to, 1623 00:48:32,640 --> 00:48:32,897 right. 1624 00:48:32,897 --> 00:48:34,439 And so the attorney is going 1625 00:48:34,439 --> 00:48:35,960 to search in our database. 1626 00:48:35,960 --> 00:48:37,628 Also, going to check state trademark 1627 00:48:37,630 --> 00:48:38,730 databases, foreign trademark databases, 1628 00:48:38,730 --> 00:48:39,555 business name registries. 1629 00:48:39,560 --> 00:48:41,228 Also going to be looking online, 1630 00:48:41,230 --> 00:48:43,421 and the great thing is that the 1631 00:48:43,421 --> 00:48:45,765 attorney is going to be able to do the 1632 00:48:45,770 --> 00:48:46,270 analysis. 1633 00:48:46,270 --> 00:48:48,270 So doing that search, 1634 00:48:48,270 --> 00:48:50,076 the attorney is going to be 1635 00:48:50,076 --> 00:48:52,039 able to look through, be like oh, 1636 00:48:52,040 --> 00:48:53,780 even though those trademarks are identical, 1637 00:48:53,780 --> 00:48:55,810 I can see these goods and services 1638 00:48:55,810 --> 00:48:57,532 are unrelated. Poof. Not a problem. 1639 00:48:57,532 --> 00:49:00,125 We can move on to the next one, right? 1640 00:49:00,125 --> 00:49:02,165 So we recommend that you would work with 1641 00:49:02,165 --> 00:49:04,505 a private trademark attorney to help you. 1642 00:49:04,510 --> 00:49:06,540 So because an attorney can help you, 1643 00:49:06,540 --> 00:49:08,486 not just with trademarks but with a 1644 00:49:08,486 --> 00:49:10,598 whole lot of other issues as well. 1645 00:49:10,600 --> 00:49:12,679 You do have the option to hire 1646 00:49:12,679 --> 00:49:14,657 a search firm if you want to, 1647 00:49:14,660 --> 00:49:17,360 but just be aware if you hire a search 1648 00:49:17,360 --> 00:49:19,173 firm that the search firm is not 1649 00:49:19,173 --> 00:49:21,248 going to do the analysis for you. 1650 00:49:21,250 --> 00:49:22,575 Traditionally what happens is if 1651 00:49:22,575 --> 00:49:24,310 you pay a trademark search company, 1652 00:49:24,310 --> 00:49:26,446 "Hey, will you do a search on this 1653 00:49:26,446 --> 00:49:27,370 trademark." Right? They're gonna 1654 00:49:27,370 --> 00:49:28,760 be like, "OK. And then here. 1655 00:49:28,760 --> 00:49:29,555 Here's the results. 1656 00:49:29,555 --> 00:49:32,057 Now it is up to you to go through 1657 00:49:32,057 --> 00:49:32,927 and do that 1658 00:49:32,930 --> 00:49:34,869 likelihood of confusion analysis." 1659 00:49:34,870 --> 00:49:36,330 So the wonderful thing about 1660 00:49:36,330 --> 00:49:37,790 hiring an attorney to help 1661 00:49:37,843 --> 00:49:39,875 you is that an attorney can do that 1662 00:49:39,875 --> 00:49:41,553 analysis for you because it's part 1663 00:49:41,553 --> 00:49:43,494 science and it's part art. OK. It's a 1664 00:49:43,494 --> 00:49:45,433 it's a real mix of those things, 1665 00:49:45,440 --> 00:49:46,945 and it takes somebody with 1666 00:49:46,945 --> 00:49:48,149 experience in order to 1667 00:49:48,150 --> 00:49:49,170 understand the nuance. So but 1668 00:49:49,170 --> 00:49:51,137 and I get it look, I get it. 1669 00:49:51,137 --> 00:49:53,270 You have a lot of expenses up already, 1670 00:49:53,270 --> 00:49:54,550 especially if you're a small 1671 00:49:54,550 --> 00:49:55,830 business owner just starting out. 1672 00:49:55,830 --> 00:49:57,110 I get it, I understand. 1673 00:49:57,110 --> 00:49:58,942 So keep in mind at the end of 1674 00:49:58,942 --> 00:50:00,231 the presentation we have a 1675 00:50:00,231 --> 00:50:01,526 couple of suggestions for free 1676 00:50:01,526 --> 00:50:02,904 and reduced price legal services 1677 00:50:02,904 --> 00:50:04,787 that you might want to look into. 1678 00:50:04,790 --> 00:50:05,558 So please please, 1679 00:50:05,558 --> 00:50:06,838 please don't just say well, 1680 00:50:06,840 --> 00:50:08,604 I can't afford one so I'm not 1681 00:50:08,604 --> 00:50:09,909 even gonna think about it. 1682 00:50:09,910 --> 00:50:11,872 Hold on because we have some 1683 00:50:11,872 --> 00:50:13,842 options that you might be able 1684 00:50:13,842 --> 00:50:15,612 to take advantage of and they 1685 00:50:15,612 --> 00:50:17,428 might be a big help to you. 1686 00:50:17,430 --> 00:50:19,320 Another thing to just keep in mind 1687 00:50:19,320 --> 00:50:21,690 as we move on and move off of 1688 00:50:21,690 --> 00:50:23,514 likelihood of confusion is keep in 1689 00:50:23,514 --> 00:50:25,626 mind if you are hiring a company in 1690 00:50:25,626 --> 00:50:27,576 order to create your logo for you, 1691 00:50:27,580 --> 00:50:29,365 maybe it's an agency or a graphic 1692 00:50:29,365 --> 00:50:31,248 design firm or something like that. 1693 00:50:31,250 --> 00:50:32,986 Keep in mind that they are not 1694 00:50:32,986 --> 00:50:34,629 necessarily doing a clearance search, 1695 00:50:34,630 --> 00:50:36,492 they might just be coming up with 1696 00:50:36,492 --> 00:50:38,303 a bunch of cool ideas, right? 1697 00:50:38,303 --> 00:50:40,284 So they might not have done that 1698 00:50:40,284 --> 00:50:42,247 search to see if anybody else out 1699 00:50:42,247 --> 00:50:43,924 there using you know a cartoon 1700 00:50:43,924 --> 00:50:46,188 character of a guy in a in a 1701 00:50:46,188 --> 00:50:47,365 checkerboard you know, like, 1702 00:50:47,365 --> 00:50:49,770 overalls and holding a hamburger on a tray. 1703 00:50:49,770 --> 00:50:51,247 Maybe they may be like, hey, 1704 00:50:51,247 --> 00:50:53,063 this is a good idea and they don't 1705 00:50:53,063 --> 00:50:54,423 realize that Frisch's Big Boy 1706 00:50:54,423 --> 00:50:55,768 has already been using that, 1707 00:50:55,770 --> 00:50:56,252 you know, 1708 00:50:56,252 --> 00:50:57,457 as their trademark for years 1709 00:50:57,457 --> 00:50:59,020 and years and years, right. Here. 1710 00:50:59,020 --> 00:51:00,270 Here's a cool idea, right? 1711 00:51:00,270 --> 00:51:02,020 They might not have done that search, 1712 00:51:02,020 --> 00:51:02,785 so that's great 1713 00:51:02,785 --> 00:51:04,060 they're creating something for you 1714 00:51:04,060 --> 00:51:05,558 and you're licensing that 1715 00:51:05,558 --> 00:51:06,770 artwork from them, or however, 1716 00:51:06,770 --> 00:51:08,020 that whatever that relationship is. 1717 00:51:08,020 --> 00:51:10,071 But just keep in mind you're also 1718 00:51:10,071 --> 00:51:12,414 going to want to check that to see 1719 00:51:12,414 --> 00:51:14,820 whether you can clear it as a trademark. 1720 00:51:14,820 --> 00:51:16,458 Just something to keep in mind. 1721 00:51:16,460 --> 00:51:16,732 OK, 1722 00:51:16,732 --> 00:51:18,636 so that's likely to confuse and the 1723 00:51:18,636 --> 00:51:20,515 other thing I want to very briefly 1724 00:51:20,515 --> 00:51:22,490 talk about is strength of a trademark, 1725 00:51:22,490 --> 00:51:24,140 'cause this is also incredibly important. 1726 00:51:24,140 --> 00:51:25,814 Likelihood of confusion is about federal 1727 00:51:25,814 --> 00:51:27,699 registrability and then and then really, 1728 00:51:27,700 --> 00:51:28,738 in some ways, 1729 00:51:28,738 --> 00:51:30,814 strength of a trademark is about being able 1730 00:51:30,814 --> 00:51:33,470 to actually protect the trademark. 1731 00:51:33,470 --> 00:51:35,846 So as you can see here this graphic, 1732 00:51:35,850 --> 00:51:37,626 it's it's often referred to as 1733 00:51:37,626 --> 00:51:38,514 the descriptiveness spectrum, 1734 00:51:38,520 --> 00:51:40,784 but I like to think about it as 1735 00:51:40,784 --> 00:51:41,790 a temperature gauge. 1736 00:51:41,790 --> 00:51:42,039 OK, 1737 00:51:42,039 --> 00:51:43,782 it goes from weak to strong or 1738 00:51:43,782 --> 00:51:45,851 cold to hot. Down at the bottom 1739 00:51:45,851 --> 00:51:47,361 are trademarks that aren't 1740 00:51:47,427 --> 00:51:48,907 really trademarks at all 1741 00:51:48,910 --> 00:51:50,702 when we talk about generic. But and 1742 00:51:50,702 --> 00:51:52,874 so you want to avoid weak or cold 1743 00:51:52,874 --> 00:51:55,009 trademarks and you want to focus your 1744 00:51:55,009 --> 00:51:57,223 energy on strong trademarks like fanciful, 1745 00:51:57,230 --> 00:51:58,418 arbitrary, and suggestive trademarks. 1746 00:51:58,418 --> 00:52:00,200 and let me show you what 1747 00:52:00,251 --> 00:52:01,387 I'm talking about here. 1748 00:52:01,390 --> 00:52:02,314 So fanciful and 1749 00:52:02,314 --> 00:52:03,854 arbitrary trademarks are the strongest 1750 00:52:03,860 --> 00:52:04,616 types of trademarks. 1751 00:52:04,616 --> 00:52:05,624 They are inherently distinctive, 1752 00:52:05,630 --> 00:52:07,534 and the great thing about them is that 1753 00:52:07,534 --> 00:52:09,373 pretty much nobody else is going to 1754 00:52:09,373 --> 00:52:10,940 have something similar to you, right? 1755 00:52:10,940 --> 00:52:12,690 So when we're talking about likelihood of 1756 00:52:12,690 --> 00:52:14,235 confusion, if you get something like 1757 00:52:14,235 --> 00:52:16,000 kind of like fanciful or arbitrary mark, 1758 00:52:16,000 --> 00:52:17,265 chances are nobody else is 1759 00:52:17,265 --> 00:52:18,277 going to have that, 1760 00:52:18,280 --> 00:52:19,981 so you're not going to have any 1761 00:52:19,981 --> 00:52:21,819 issues when it comes to doing that 1762 00:52:21,820 --> 00:52:22,828 likelihood of confusion 1763 00:52:22,828 --> 00:52:24,508 analysis and clearing your trademark. 1764 00:52:24,510 --> 00:52:26,778 So when we're talking about fanciful marks, 1765 00:52:26,780 --> 00:52:29,364 what we're talking about are made up words, 1766 00:52:29,370 --> 00:52:31,746 right or or things that have 1767 00:52:31,746 --> 00:52:33,330 no meaning in English. 1768 00:52:33,330 --> 00:52:34,730 Or in a foreign language. 1769 00:52:34,730 --> 00:52:36,374 So in this case here Starbucks 1770 00:52:36,374 --> 00:52:38,368 is kind of a made up word, 1771 00:52:38,370 --> 00:52:41,274 so the story as it goes, this the founders, 1772 00:52:41,274 --> 00:52:44,430 they wanted a brand that started with "ST." 1773 00:52:44,430 --> 00:52:46,486 And then one of them found a small 1774 00:52:46,486 --> 00:52:48,481 town called Starbo on an old mining 1775 00:52:48,481 --> 00:52:50,664 map and another one thought about the 1776 00:52:50,664 --> 00:52:52,419 character Starbuck from Moby Dick. 1777 00:52:52,420 --> 00:52:54,805 And so they've kind of put all of that 1778 00:52:54,805 --> 00:52:56,963 together and they ended up liking the 1779 00:52:56,963 --> 00:52:58,855 name because they thought perhaps it 1780 00:52:58,855 --> 00:53:01,004 evokes the romance of the high seas 1781 00:53:01,010 --> 00:53:02,190 the seafaring tradition of 1782 00:53:02,190 --> 00:53:03,370 the early coffee traders. 1783 00:53:03,370 --> 00:53:05,309 So that's sort of like where the 1784 00:53:05,309 --> 00:53:06,821 founders anyway are saying that 1785 00:53:06,821 --> 00:53:08,699 the name Starbucks came from, right? 1786 00:53:08,700 --> 00:53:10,180 It's a fanciful word, right? 1787 00:53:10,180 --> 00:53:11,956 And that's a little bit different 1788 00:53:11,956 --> 00:53:13,140 than an arbitrary trademark, 1789 00:53:13,140 --> 00:53:15,275 which is a word that has meaning 1790 00:53:15,280 --> 00:53:17,338 in English or in another language, 1791 00:53:17,340 --> 00:53:19,060 but no relationship to the 1792 00:53:19,060 --> 00:53:20,436 underlying goods and services. 1793 00:53:20,440 --> 00:53:22,504 So if you think about something 1794 00:53:22,504 --> 00:53:23,880 like Sonic for restaurants. 1795 00:53:23,880 --> 00:53:25,595 Sonic has nothing to do 1796 00:53:25,595 --> 00:53:26,624 with restaurant services. 1797 00:53:26,630 --> 00:53:28,688 so it's therefore arbitrary. In our 1798 00:53:28,688 --> 00:53:30,412 everyday life, think about Apple. 1799 00:53:30,412 --> 00:53:31,788 That's an arbitrary trademark, 1800 00:53:31,790 --> 00:53:32,777 for, you know, 1801 00:53:32,777 --> 00:53:34,422 phones and computers. Or BlackBerry 1802 00:53:34,422 --> 00:53:35,908 for mobile devices, right? 1803 00:53:35,908 --> 00:53:36,892 It's something we, 1804 00:53:36,892 --> 00:53:39,291 we know what it is like with 1805 00:53:39,291 --> 00:53:41,424 regards to its usual thing, right? 1806 00:53:41,424 --> 00:53:43,832 But has nothing to do with the 1807 00:53:43,832 --> 00:53:45,310 underlying good or service. 1808 00:53:45,310 --> 00:53:46,860 So in this case here, 1809 00:53:46,860 --> 00:53:48,180 fanciful and arbitrary trademarks, 1810 00:53:48,180 --> 00:53:49,830 these are great for restaurants 1811 00:53:49,830 --> 00:53:51,197 and and things like that, 1812 00:53:51,200 --> 00:53:52,376 because it doesn't necessarily 1813 00:53:52,376 --> 00:53:54,140 have anything to do with the 1814 00:53:54,193 --> 00:53:55,537 underlying good or service. 1815 00:53:55,540 --> 00:53:57,795 That means it's going to 1816 00:53:57,795 --> 00:53:59,599 be easier to protect. 1817 00:53:59,600 --> 00:54:01,235 So just below fanciful and 1818 00:54:01,235 --> 00:54:02,542 arbitrary trademarks, still good, 1819 00:54:02,542 --> 00:54:04,824 still good, but maybe not as good, 1820 00:54:04,830 --> 00:54:07,119 maybe not as strong, are suggestive trademarks. 1821 00:54:07,120 --> 00:54:08,424 These trademarks suggest something 1822 00:54:08,424 --> 00:54:10,054 about the goods and services, 1823 00:54:10,060 --> 00:54:12,028 but they don't necessarily describe it. 1824 00:54:12,030 --> 00:54:13,986 OK, there's like a mental step. 1825 00:54:13,990 --> 00:54:15,952 You have to make. The Dough 1826 00:54:15,952 --> 00:54:17,260 Roller for restaurant services. 1827 00:54:17,260 --> 00:54:19,549 OK, well, I can't I get it. 1828 00:54:19,550 --> 00:54:21,180 I guess they do pizzas? 1829 00:54:21,180 --> 00:54:23,796 Yeah yeah I guess pizzas right right. 1830 00:54:23,800 --> 00:54:26,416 So OK, is the a pizza restaurant, right? 1831 00:54:26,416 --> 00:54:28,376 But it's not "pizza restaurant," right, 1832 00:54:28,376 --> 00:54:29,354 for restaurant services. 1833 00:54:29,354 --> 00:54:30,984 For restaurants serving serving pizza, 1834 00:54:30,990 --> 00:54:32,880 No, it's the dough roller right? 1835 00:54:32,880 --> 00:54:34,240 And they're going to serve, 1836 00:54:34,240 --> 00:54:35,860 you know, various baked goods, pizzas, 1837 00:54:35,860 --> 00:54:37,486 and you know and breads and 1838 00:54:37,486 --> 00:54:38,299 pancakes and breakfasty 1839 00:54:38,300 --> 00:54:39,926 types of things you know, 1840 00:54:39,930 --> 00:54:41,280 that sort of stuff, right? 1841 00:54:41,280 --> 00:54:42,364 So in this case, 1842 00:54:42,364 --> 00:54:43,719 it's suggestive of the restaurant, 1843 00:54:43,720 --> 00:54:45,718 but it doesn't actually describe the 1844 00:54:45,718 --> 00:54:47,799 restaurant or what's being served there. 1845 00:54:47,800 --> 00:54:49,420 Now below that are 1846 00:54:49,420 --> 00:54:50,635 descriptive trademarks. Now, 1847 00:54:50,640 --> 00:54:51,614 descriptive trademarks, 1848 00:54:51,614 --> 00:54:54,536 they are going to be refused 1849 00:54:54,536 --> 00:54:56,280 registration when you apply. 1850 00:54:56,280 --> 00:54:58,827 OK, that's that's the long and short of it. 1851 00:54:58,830 --> 00:55:01,574 They're going to be refused registration. Now 1852 00:55:01,580 --> 00:55:03,188 in certain circumstances you are going 1853 00:55:03,188 --> 00:55:05,449 to be able to overcome that refusal 1854 00:55:05,450 --> 00:55:07,226 if you've been using the trademark 1855 00:55:07,226 --> 00:55:09,329 in commerce for more than five years, 1856 00:55:09,330 --> 00:55:10,820 or you can show good 1857 00:55:10,820 --> 00:55:12,310 usage, things of that sort. 1858 00:55:12,310 --> 00:55:14,622 There are a couple of things that you 1859 00:55:14,622 --> 00:55:16,779 could do in order to overcome it. 1860 00:55:16,780 --> 00:55:18,568 Say, for example, by claiming acquired 1861 00:55:18,568 --> 00:55:19,760 distinctiveness under section 2(f). 1862 00:55:19,760 --> 00:55:20,627 That's a possibility. 1863 00:55:20,627 --> 00:55:23,040 But you would have to make that claim, 1864 00:55:23,040 --> 00:55:25,118 but it's going to be refused, right? 1865 00:55:25,118 --> 00:55:26,608 So here, California Pizza Kitchen 1866 00:55:26,608 --> 00:55:27,502 for restaurant services. 1867 00:55:27,510 --> 00:55:29,286 Now that is a registered trademark. 1868 00:55:29,290 --> 00:55:29,588 However, 1869 00:55:29,588 --> 00:55:30,780 it is also descriptive, 1870 00:55:30,780 --> 00:55:32,145 or more specifically, 1871 00:55:32,145 --> 00:55:34,420 geographically descriptive of a pizza 1872 00:55:34,420 --> 00:55:36,490 kitchen located in California, right, 1873 00:55:36,490 --> 00:55:38,674 where the original one was anyway. 1874 00:55:38,680 --> 00:55:41,880 So in that case 1875 00:55:41,880 --> 00:55:43,770 a restaurant name or something like 1876 00:55:43,770 --> 00:55:45,596 that that is descriptive of where 1877 00:55:45,596 --> 00:55:47,360 and what it is you're providing that 1878 00:55:47,360 --> 00:55:49,407 is going to be refused registration. 1879 00:55:49,410 --> 00:55:50,498 But as I said, 1880 00:55:50,498 --> 00:55:53,019 there are ways to kind of overcome it, 1881 00:55:53,020 --> 00:55:56,030 but keep in mind it's going to be sort of 1882 00:55:56,030 --> 00:55:57,830 you're going to have lesser protection, 1883 00:55:57,830 --> 00:55:58,131 right? 1884 00:55:58,131 --> 00:56:00,307 Because it's not a strong mark, right? 1885 00:56:00,307 --> 00:56:02,876 It's not as strong as a fanciful 1886 00:56:02,876 --> 00:56:04,040 or arbitrary mark. 1887 00:56:04,040 --> 00:56:05,966 Right. Below that are generic and 1888 00:56:05,966 --> 00:56:07,910 honestly these aren't even trademarks. 1889 00:56:07,910 --> 00:56:09,670 OK, they're just words, right? 1890 00:56:09,670 --> 00:56:11,430 You can't register cafe for 1891 00:56:11,430 --> 00:56:12,134 restaurant services. 1892 00:56:12,140 --> 00:56:14,660 You're not going to register restaurant for 1893 00:56:14,660 --> 00:56:16,708 restaurant services, bar for bar services. 1894 00:56:16,710 --> 00:56:18,470 Nope, not going to happen. 1895 00:56:18,470 --> 00:56:19,846 And why is that? 1896 00:56:19,846 --> 00:56:21,566 That's because a trademark indicates 1897 00:56:21,566 --> 00:56:23,399 source. When somebody hears "cafe," 1898 00:56:23,400 --> 00:56:25,165 does that automatically call to 1899 00:56:25,165 --> 00:56:26,930 mind a particular provider of 1900 00:56:26,997 --> 00:56:28,677 a particular good or service? 1901 00:56:28,680 --> 00:56:31,848 No, it's just telling you what the thing is, 1902 00:56:31,850 --> 00:56:32,215 right? 1903 00:56:32,215 --> 00:56:34,405 So it is not therefore not 1904 00:56:34,410 --> 00:56:36,082 functioning as a trademark. 1905 00:56:36,082 --> 00:56:39,324 It is just telling you what the thing 1906 00:56:39,324 --> 00:56:42,010 is. That, you know, it's a cafe, right? 1907 00:56:42,010 --> 00:56:43,150 It's a restaurant. 1908 00:56:43,150 --> 00:56:45,810 It's a cafeteria, that sort of thing. 1909 00:56:45,810 --> 00:56:46,570 So please, 1910 00:56:46,570 --> 00:56:48,855 please please avoid generic terms 1911 00:56:48,855 --> 00:56:51,140 in relationship to a restaurant 1912 00:56:51,212 --> 00:56:52,828 or something like that. 1913 00:56:52,830 --> 00:56:53,124 Right, 1914 00:56:53,124 --> 00:56:55,476 so keep in mind you can register common 1915 00:56:55,476 --> 00:56:57,581 words as trademarks, but you know, 1916 00:56:57,581 --> 00:56:59,800 think about our fanciful or or or 1917 00:56:59,800 --> 00:57:01,708 I'm sorry, our arbitrary trademarks right? 1918 00:57:01,710 --> 00:57:03,929 Those are. Sonic is a common word. 1919 00:57:03,930 --> 00:57:05,194 Apple is a common word. 1920 00:57:05,194 --> 00:57:05,510 Blackberry is 1921 00:57:05,510 --> 00:57:07,406 a common word that's registrable, right? 1922 00:57:07,410 --> 00:57:08,028 So here, 1923 00:57:08,028 --> 00:57:10,191 just keep in mind it's a little 1924 00:57:10,191 --> 00:57:12,367 bit different for generic. It's 1925 00:57:12,367 --> 00:57:14,163 not registerable because it 1926 00:57:14,163 --> 00:57:16,400 tells you what the thing is. 1927 00:57:16,400 --> 00:57:19,024 Alright, so just a real quick note here. 1928 00:57:19,030 --> 00:57:20,806 Another thing to be careful of 1929 00:57:20,806 --> 00:57:22,650 with regard to your trademark, 1930 00:57:22,650 --> 00:57:24,636 make sure that the trademark isn't 1931 00:57:24,636 --> 00:57:26,649 going to be misinterpreted as making 1932 00:57:26,649 --> 00:57:28,234 some sort of advertising claim. 1933 00:57:28,240 --> 00:57:30,550 Or if it is making advertising claim, 1934 00:57:30,550 --> 00:57:32,518 make sure that the claim is 1935 00:57:32,518 --> 00:57:33,508 legally substantiated, right? 1936 00:57:33,508 --> 00:57:36,132 So you know on your on your menu, 1937 00:57:36,140 --> 00:57:38,156 OK, you know, don't be calling 1938 00:57:38,156 --> 00:57:40,089 something something that it's not. 1939 00:57:40,090 --> 00:57:42,234 You know like case we came across was 1940 00:57:42,234 --> 00:57:44,390 was for Smashburger. They had something 1941 00:57:44,390 --> 00:57:46,718 that was called the Triple Double 1942 00:57:46,720 --> 00:57:48,806 Double. Sorry, let me say that again. 1943 00:57:48,810 --> 00:57:49,962 The Triple Double burger. 1944 00:57:49,962 --> 00:57:52,445 And the court found that the name Triple 1945 00:57:52,445 --> 00:57:54,195 Double burger was literally false. 1946 00:57:54,200 --> 00:57:55,625 And it constituted false advertising 1947 00:57:55,625 --> 00:57:57,331 because it seemed to advertise the 1948 00:57:57,331 --> 00:57:58,717 sandwich that was double the beef. 1949 00:57:58,720 --> 00:58:00,256 But it actually just doubled the 1950 00:58:00,256 --> 00:58:02,053 layers and each of the patties in 1951 00:58:02,053 --> 00:58:03,740 the layer were each half the weight 1952 00:58:03,795 --> 00:58:05,350 of the classic Smashburger, right? 1953 00:58:05,350 --> 00:58:07,350 So this is a case where they're making 1954 00:58:07,350 --> 00:58:09,360 a claim that it's a triple double 1955 00:58:09,360 --> 00:58:10,824 so you're going to think it's 1956 00:58:10,824 --> 00:58:12,290 even bigger than the original, 1957 00:58:12,290 --> 00:58:13,406 but it's actually not. 1958 00:58:13,406 --> 00:58:16,007 It's the same amount of meat in each of them. 1959 00:58:16,010 --> 00:58:17,739 OK, so just something to keep in 1960 00:58:17,739 --> 00:58:19,470 mind when we're thinking about it. 1961 00:58:19,470 --> 00:58:20,000 You know? 1962 00:58:20,000 --> 00:58:21,855 Look of McDonald's is making a quarter pounder 1963 00:58:21,860 --> 00:58:23,128 you better believe it's 1964 00:58:23,128 --> 00:58:25,357 probably a quarter pound of beef, right? 1965 00:58:25,357 --> 00:58:26,665 Otherwise somebody's going to 1966 00:58:26,665 --> 00:58:28,300 make a claim against it. 1967 00:58:28,300 --> 00:58:28,800 OK, 1968 00:58:28,800 --> 00:58:31,800 so if you want to register 1969 00:58:31,800 --> 00:58:33,710 your trademark with us. 1970 00:58:33,710 --> 00:58:35,312 The way that you do it is by filing 1971 00:58:35,312 --> 00:58:37,158 an application through the Trademark 1972 00:58:37,158 --> 00:58:38,367 Electronic Application System. 1973 00:58:38,370 --> 00:58:39,740 As you can see here, 1974 00:58:39,740 --> 00:58:41,924 first you have to create a uspto.gov account. 1975 00:58:41,930 --> 00:58:43,568 You know it's just like you have 1976 00:58:43,568 --> 00:58:45,559 to do in pretty much every other 1977 00:58:45,559 --> 00:58:47,407 website that you that you use 1978 00:58:47,410 --> 00:58:49,054 these days. You have to create 1979 00:58:49,054 --> 00:58:49,876 an account there, 1980 00:58:49,880 --> 00:58:51,567 but you have to create the account 1981 00:58:51,567 --> 00:58:53,094 before you can file and then 1982 00:58:53,094 --> 00:58:54,600 everything you do with regard to 1983 00:58:54,600 --> 00:58:56,178 your application going forward, 1984 00:58:56,180 --> 00:58:57,746 you're always going to be logging 1985 00:58:57,746 --> 00:58:58,790 into your uspto.gov account and 1986 00:58:58,833 --> 00:59:00,591 essentially what you're creating is an 1987 00:59:00,591 --> 00:59:02,210 intellectual property portfolio at the USPTO. 1988 00:59:02,210 --> 00:59:03,350 So in in that 1989 00:59:03,350 --> 00:59:04,775 account you're going to have 1990 00:59:04,775 --> 00:59:06,666 access to all of your application, 1991 00:59:06,670 --> 00:59:07,830 trademark applications and registrations. 1992 00:59:07,830 --> 00:59:09,570 Any patent applications and patent grants. 1993 00:59:09,570 --> 00:59:11,570 All those things are going to be accessible 1994 00:59:11,570 --> 00:59:13,630 to you through the uspto.gov account. 1995 00:59:13,630 --> 00:59:15,326 So, kind of cool. 1996 00:59:15,326 --> 00:59:15,750 So, 1997 00:59:15,750 --> 00:59:17,580 but when you when you apply, 1998 00:59:17,580 --> 00:59:20,307 you're going to have to apply using TEAS Plus. 1999 00:59:20,310 --> 00:59:21,494 Or using TEAS Standard. 2000 00:59:21,494 --> 00:59:23,270 We always recommend folks use TEAS 2001 00:59:23,332 --> 00:59:25,402 Standard because it is the cheaper 2002 00:59:25,402 --> 00:59:27,099 filing option and essentially the 2003 00:59:27,099 --> 00:59:28,912 reason for that is that what we're 2004 00:59:28,912 --> 00:59:30,706 saying is in exchange for you 2005 00:59:30,706 --> 00:59:32,301 front loading your application with 2006 00:59:32,301 --> 00:59:33,808 things you're going to eventually 2007 00:59:33,808 --> 00:59:35,506 have to put in there anyway, 2008 00:59:35,510 --> 00:59:39,632 you know, we will give you a cheaper rate. 2009 00:59:39,640 --> 00:59:41,030 So in exchange for you, 2010 00:59:41,030 --> 00:59:42,455 including goods and services that 2011 00:59:42,455 --> 00:59:43,880 are listed in our Identification 2012 00:59:43,926 --> 00:59:45,176 of Goods and Services Manual, 2013 00:59:45,180 --> 00:59:46,575 or putting in specific statements 2014 00:59:46,575 --> 00:59:48,560 that have to be in the record 2015 00:59:48,560 --> 00:59:50,168 for paying for all the classes, 2016 00:59:50,170 --> 00:59:51,550 all those sorts of things, 2017 00:59:51,550 --> 00:59:53,980 then then you would you can use TEAS Plus 2018 00:59:53,980 --> 00:59:55,975 right and you get the cheap rate. 2019 00:59:55,980 --> 00:59:57,947 You can save 100 bucks per international 2020 00:59:57,947 --> 00:59:59,642 class. If you're in a situation 2021 00:59:59,642 --> 01:00:01,244 where that doesn't matter to you, 2022 01:00:01,250 --> 01:00:02,909 right, or or you want to do 2023 01:00:02,909 --> 01:00:04,569 things a little bit differently. 2024 01:00:04,570 --> 01:00:05,960 You can use TEAS Standard, 2025 01:00:05,960 --> 01:00:08,466 but just be aware you're going to 2026 01:00:08,466 --> 01:00:11,058 have to pay a little bit more. 2027 01:00:11,060 --> 01:00:13,196 Uh, so with regard to the filing fee. 2028 01:00:13,200 --> 01:00:15,069 'cause people ask this all the time, 2029 01:00:15,070 --> 01:00:17,198 they're like, "Jason, how much does it cost?" 2030 01:00:17,200 --> 01:00:18,540 I'm like, well, it depends. 2031 01:00:18,540 --> 01:00:19,338 "No, seriously, Jason, 2032 01:00:19,338 --> 01:00:20,934 just tell me in simple terms, 2033 01:00:20,940 --> 01:00:22,270 how much does it cost?" 2034 01:00:22,270 --> 01:00:24,070 Well, I can't actually answer that 2035 01:00:24,070 --> 01:00:25,776 question because there are a lot 2036 01:00:25,776 --> 01:00:27,344 of factors that are involved in it. 2037 01:00:27,350 --> 01:00:28,680 And as you can see, 2038 01:00:28,680 --> 01:00:30,190 your international class is really 2039 01:00:30,190 --> 01:00:32,162 one of the reasons because it is 2040 01:00:32,162 --> 01:00:33,604 up to you what goods and services 2041 01:00:33,604 --> 01:00:34,992 you identify in your application 2042 01:00:34,992 --> 01:00:36,690 and the goods and services you 2043 01:00:36,690 --> 01:00:37,854 identify in your application 2044 01:00:37,854 --> 01:00:40,009 are going to be in 1 of 45 2045 01:00:40,010 --> 01:00:41,828 international classes. Now you might remember, 2046 01:00:41,830 --> 01:00:43,654 I said there's no such thing 2047 01:00:43,654 --> 01:00:44,870 as an international trademark, 2048 01:00:44,870 --> 01:00:45,189 right? 2049 01:00:45,189 --> 01:00:46,784 But there are international classes 2050 01:00:46,784 --> 01:00:49,088 and that is because we have agreed 2051 01:00:49,088 --> 01:00:50,384 through treaties with countries 2052 01:00:50,384 --> 01:00:52,185 around the world that goods and 2053 01:00:52,185 --> 01:00:53,727 services are split up into these 2054 01:00:53,727 --> 01:00:54,959 45 different international classes, 2055 01:00:54,959 --> 01:00:55,282 right? 2056 01:00:55,282 --> 01:00:56,897 So that's where the phrase 2057 01:00:56,897 --> 01:00:57,950 international class comes from. 2058 01:00:57,950 --> 01:00:59,360 So your filing fee is going 2059 01:00:59,360 --> 01:01:01,344 to be based upon the number of 2060 01:01:01,344 --> 01:01:02,652 these international classes that 2061 01:01:02,652 --> 01:01:04,330 appear in your application, 2062 01:01:04,330 --> 01:01:06,508 and I'll get into more specifics 2063 01:01:06,508 --> 01:01:08,849 in just a couple of seconds. 2064 01:01:08,850 --> 01:01:10,641 But I just want you to be aware of 2065 01:01:10,641 --> 01:01:12,678 how the formula is kind of calculated. 2066 01:01:12,680 --> 01:01:12,922 OK, 2067 01:01:12,922 --> 01:01:14,858 so when you apply you are going to 2068 01:01:14,858 --> 01:01:17,020 have to make a couple of decisions 2069 01:01:17,020 --> 01:01:18,260 as I already recommended. 2070 01:01:18,260 --> 01:01:19,028 And and noted, 2071 01:01:19,028 --> 01:01:20,564 you're going to have to decide 2072 01:01:20,564 --> 01:01:22,076 what version of your trademark 2073 01:01:22,076 --> 01:01:23,280 you want to register. 2074 01:01:23,280 --> 01:01:25,044 Do you want to register just the 2075 01:01:25,044 --> 01:01:26,452 wording alone right through a 2076 01:01:26,452 --> 01:01:27,652 standard character format drawing? 2077 01:01:27,652 --> 01:01:28,852 Such as Coca Cola, 2078 01:01:28,860 --> 01:01:30,402 which allows you this broad scope 2079 01:01:30,402 --> 01:01:32,374 of how you use the trademark over 2080 01:01:32,374 --> 01:01:34,156 over the life of the trademark? 2081 01:01:34,160 --> 01:01:36,514 Or do you want more sort of 2082 01:01:36,514 --> 01:01:38,104 kind of narrow protection protecting 2083 01:01:38,104 --> 01:01:39,987 the wording of what it looks like, 2084 01:01:39,987 --> 01:01:41,523 the wording and what it looks 2085 01:01:41,523 --> 01:01:42,667 like right through a 2086 01:01:42,670 --> 01:01:44,698 special form format. Could be stylized, 2087 01:01:44,700 --> 01:01:46,384 composite, or design mark. 2088 01:01:46,384 --> 01:01:47,226 And again, 2089 01:01:47,230 --> 01:01:48,994 it's going to be up to you 2090 01:01:48,994 --> 01:01:50,199 what you want to do. 2091 01:01:50,200 --> 01:01:52,184 I am not allowed to give legal advice. 2092 01:01:52,190 --> 01:01:53,430 Craig cannot give legal advice. 2093 01:01:53,430 --> 01:01:55,910 No one at the PTO can give you legal advice. 2094 01:01:55,910 --> 01:01:56,149 However, 2095 01:01:56,149 --> 01:01:57,822 keep in mind this is just through 2096 01:01:57,822 --> 01:01:59,359 my experience over the years of 2097 01:01:59,359 --> 01:02:00,619 working with small business owners. 2098 01:02:00,620 --> 01:02:02,596 Invariably, they would do one of two things, 2099 01:02:02,600 --> 01:02:03,840 specially if they didn't have 2100 01:02:03,840 --> 01:02:05,080 a whole lot of money. 2101 01:02:05,080 --> 01:02:05,574 If they, 2102 01:02:05,574 --> 01:02:07,303 if they wanted to protect the wording, 2103 01:02:07,310 --> 01:02:08,798 they would file for that standard 2104 01:02:08,798 --> 01:02:09,542 character format drawing. 2105 01:02:09,550 --> 01:02:11,032 Or if the design element was 2106 01:02:11,032 --> 01:02:11,773 important to them, 2107 01:02:11,780 --> 01:02:13,509 they would submit a special form drawing, 2108 01:02:13,510 --> 01:02:15,295 but they would do it in black 2109 01:02:15,295 --> 01:02:16,898 and white and not in color. 2110 01:02:16,900 --> 01:02:18,440 So again, not legal advice. 2111 01:02:18,440 --> 01:02:19,664 Totally up to you. 2112 01:02:19,664 --> 01:02:20,888 I'm just telling you, 2113 01:02:20,890 --> 01:02:23,960 sort of like what I have seen over the years, 2114 01:02:23,960 --> 01:02:26,248 OK? Uh, keep in mind as well that 2115 01:02:26,248 --> 01:02:28,227 you cannot add to a trademark once 2116 01:02:28,227 --> 01:02:30,410 you put it in the application. 2117 01:02:30,410 --> 01:02:32,554 But sometimes people do it. "Oh, I forgot, 2118 01:02:32,554 --> 01:02:34,430 I wanted to do this thing right?" 2119 01:02:34,430 --> 01:02:36,566 No, you cannot do that. Once you apply 2120 01:02:36,570 --> 01:02:37,642 that's what your trademark 2121 01:02:37,642 --> 01:02:38,982 application is going to be. 2122 01:02:38,990 --> 01:02:40,058 OK, you're applying for 2123 01:02:40,058 --> 01:02:40,859 this particular trademark. 2124 01:02:40,860 --> 01:02:42,486 If you want to apply for 2125 01:02:42,486 --> 01:02:43,810 a different version of it, 2126 01:02:43,810 --> 01:02:45,532 you are more than welcome to 2127 01:02:45,532 --> 01:02:46,991 submit another application. You can 2128 01:02:46,991 --> 01:02:48,539 have as many applications in our 2129 01:02:48,539 --> 01:02:50,239 offices you want to. Totally up to you. 2130 01:02:50,240 --> 01:02:52,116 But you cannot amend your trademark to like 2131 01:02:52,120 --> 01:02:55,054 sort of like add things and take things out, 2132 01:02:55,060 --> 01:02:58,246 except in very, very specific circumstances. 2133 01:02:58,250 --> 01:02:59,828 Another thing you need to do, 2134 01:02:59,830 --> 01:03:01,594 as I mentioned, is you have to 2135 01:03:01,594 --> 01:03:02,911 identify your goods and services. 2136 01:03:02,911 --> 01:03:04,423 And so really think about what 2137 01:03:04,423 --> 01:03:06,168 is it that you provide right? 2138 01:03:06,170 --> 01:03:07,226 As a restaurant owner. 2139 01:03:07,226 --> 01:03:08,810 What is it that you provide? 2140 01:03:08,810 --> 01:03:11,450 Then you would need to look at our ID manual. 2141 01:03:11,450 --> 01:03:13,004 I mean like oh I'm a restaurant. 2142 01:03:13,004 --> 01:03:14,350 I type in restaurants. 2143 01:03:14,350 --> 01:03:15,610 Oh look, restaurant services. 2144 01:03:15,610 --> 01:03:17,896 Click. OK. So you'll need to identify 2145 01:03:17,896 --> 01:03:19,556 your various goods and services 2146 01:03:19,556 --> 01:03:21,809 that you use your trademark with. 2147 01:03:21,810 --> 01:03:24,085 I'm just very briefly going to run 2148 01:03:24,085 --> 01:03:26,502 through a couple of the common restaurant 2149 01:03:26,502 --> 01:03:29,589 type IDs that you might want to be aware of. 2150 01:03:29,590 --> 01:03:32,830 These are all in what is known as Class 43. 2151 01:03:32,830 --> 01:03:34,118 So think about restaurant 2152 01:03:34,118 --> 01:03:35,084 services, cafe services, 2153 01:03:35,090 --> 01:03:35,738 bar services, 2154 01:03:35,738 --> 01:03:37,358 brew pub services, coffee shops, 2155 01:03:37,358 --> 01:03:38,330 food truck services, 2156 01:03:38,330 --> 01:03:40,295 namely providing of food and 2157 01:03:40,295 --> 01:03:42,260 drink via a mobile truck. 2158 01:03:42,260 --> 01:03:44,960 Restaurants featuring home delivery, 2159 01:03:44,960 --> 01:03:46,985 Takeout restaurant services. 2160 01:03:46,990 --> 01:03:48,784 Providing ghost kitchens for use in 2161 01:03:48,784 --> 01:03:50,401 preparation of meals and beverages 2162 01:03:50,401 --> 01:03:51,885 for consumption off premises 2163 01:03:51,885 --> 01:03:53,369 with food delivery services. 2164 01:03:53,370 --> 01:03:56,394 That's a new one right over the past year. 2165 01:03:56,400 --> 01:03:58,080 So those ghost kitchen services. 2166 01:03:58,080 --> 01:04:00,285 Those are all restaurant type 2167 01:04:00,285 --> 01:04:02,810 services which would be in 43. 2168 01:04:02,810 --> 01:04:04,574 Other services which are kind of 2169 01:04:04,574 --> 01:04:06,539 related that you may or may not 2170 01:04:06,539 --> 01:04:08,247 be doing or or maybe you actually 2171 01:04:08,304 --> 01:04:09,580 don't do them yourself, 2172 01:04:09,580 --> 01:04:11,644 but you hire someone to do them for 2173 01:04:11,644 --> 01:04:13,904 you would be what are known as these 2174 01:04:13,904 --> 01:04:16,060 class 39 services such as food delivery, 2175 01:04:16,060 --> 01:04:17,470 delivery of food by restaurants, 2176 01:04:17,470 --> 01:04:19,168 delivery of food prepared in ghost 2177 01:04:19,170 --> 01:04:20,270 and dark kitchen facilities. 2178 01:04:20,270 --> 01:04:22,579 So those are some of the more common 2179 01:04:22,579 --> 01:04:24,385 sorts of ones for restaurants and 2180 01:04:24,385 --> 01:04:26,496 caterers and and and things of that sort, 2181 01:04:26,500 --> 01:04:28,299 so you should be able to look 2182 01:04:28,299 --> 01:04:29,600 in our ID Manual, 2183 01:04:29,600 --> 01:04:31,165 clicking the link right there 2184 01:04:31,165 --> 01:04:32,730 and you can pull up 2185 01:04:32,730 --> 01:04:34,038 restaurant services, bar services, 2186 01:04:34,038 --> 01:04:35,346 cafe services, catering services, 2187 01:04:35,350 --> 01:04:36,498 things of that sort. 2188 01:04:36,498 --> 01:04:39,621 OK so I want to do a real quick breakdown 2189 01:04:39,621 --> 01:04:42,570 of. Let's say you are a thing right? 2190 01:04:42,570 --> 01:04:45,042 What are the types of goods and services 2191 01:04:45,042 --> 01:04:47,815 that you might be using your trademark on? 2192 01:04:47,820 --> 01:04:49,578 And you might want to protect 2193 01:04:49,578 --> 01:04:51,546 yourself with use of your trademark 2194 01:04:51,546 --> 01:04:53,386 for these goods and services. 2195 01:04:53,390 --> 01:04:57,184 So let's say you are a bakery slash 2196 01:04:57,190 --> 01:04:59,556 cafe, OK? We're going to call it. 2197 01:04:59,560 --> 01:05:01,600 We're going to call it Jason's, 2198 01:05:01,600 --> 01:05:03,310 Jason's Bakery, alright, and so 2199 01:05:03,310 --> 01:05:05,728 let's say in that bakery you have 2200 01:05:05,728 --> 01:05:07,332 you have baked goods, right? 2201 01:05:07,332 --> 01:05:09,828 You know you got you got the danishes 2202 01:05:09,828 --> 01:05:12,055 and muffins and bagels and cupcakes 2203 01:05:12,055 --> 01:05:14,818 and things right and your pastries so so 2204 01:05:14,820 --> 01:05:16,510 baked goods and pastries, right? 2205 01:05:16,510 --> 01:05:18,130 You're providing those things. 2206 01:05:18,130 --> 01:05:20,560 You're also providing a retail bakery 2207 01:05:20,622 --> 01:05:23,304 shop so somebody can walk in and they can 2208 01:05:23,304 --> 01:05:25,329 purchase a dozen doughnuts and walk out. 2209 01:05:25,330 --> 01:05:27,580 And you're also doing delivery 2210 01:05:27,580 --> 01:05:28,354 of your food. 2211 01:05:28,354 --> 01:05:30,789 OK, so if someone calls in and they're like, 2212 01:05:30,789 --> 01:05:33,400 "Hey can I get 10 muffins?" And you're like, 2213 01:05:33,400 --> 01:05:34,780 "Yeah, we'll be right over." 2214 01:05:34,780 --> 01:05:36,436 OK, so you're also providing delivery. 2215 01:05:36,440 --> 01:05:37,548 You're also providing perhaps 2216 01:05:37,548 --> 01:05:38,658 custom baking services, right? 2217 01:05:38,658 --> 01:05:39,770 So bakery services, namely, 2218 01:05:39,770 --> 01:05:41,474 the manufacture of bakery products to 2219 01:05:41,474 --> 01:05:43,089 the order and specification of others. 2220 01:05:43,090 --> 01:05:45,299 So if someone calls in is like, "Hey, 2221 01:05:45,299 --> 01:05:47,182 I want, I want a really special 2222 01:05:47,182 --> 01:05:49,189 cake for my for my son's birthday. 2223 01:05:49,190 --> 01:05:50,294 Can you do that?" 2224 01:05:50,294 --> 01:05:52,230 "Yeah, yeah, sure we can do that." 2225 01:05:52,230 --> 01:05:54,169 OK, that's a separate type of service. 2226 01:05:54,170 --> 01:05:55,555 And then maybe you're also 2227 01:05:55,555 --> 01:05:56,696 providing cafe services, right? 2228 01:05:56,696 --> 01:05:57,920 'cause people come in? 2229 01:05:57,920 --> 01:06:00,174 They order their coffee and they order 2230 01:06:00,174 --> 01:06:02,147 the pastry and they go sit at, 2231 01:06:02,150 --> 01:06:03,980 you know, the various tables and 2232 01:06:03,980 --> 01:06:05,769 and comfy couches that you have, 2233 01:06:05,770 --> 01:06:06,071 right? 2234 01:06:06,071 --> 01:06:07,576 So those are all five 2235 01:06:07,580 --> 01:06:09,065 different things that you might 2236 01:06:09,065 --> 01:06:10,910 be using your trademark on, right? 2237 01:06:10,910 --> 01:06:12,114 The baked goods themselves? 2238 01:06:12,114 --> 01:06:13,619 The retail store services, right? 2239 01:06:13,620 --> 01:06:14,224 The delivery? 2240 01:06:14,224 --> 01:06:16,036 The custom baking and actually the 2241 01:06:16,036 --> 01:06:16,640 cafe services. 2242 01:06:16,640 --> 01:06:18,452 So those would be five different 2243 01:06:18,452 --> 01:06:19,358 international classes altogether, 2244 01:06:19,360 --> 01:06:21,720 and so it would be up to you if you 2245 01:06:21,794 --> 01:06:24,160 want to, say, if you're using your 2246 01:06:24,160 --> 01:06:26,510 trademark for all of those things to 2247 01:06:26,510 --> 01:06:28,944 include all of those in your application. 2248 01:06:28,944 --> 01:06:32,088 Or you could say. "Ooh boy. 2249 01:06:32,090 --> 01:06:33,834 Uh, I got 250 bucks I can throw 2250 01:06:33,834 --> 01:06:35,689 at my trademark registration. 2251 01:06:35,690 --> 01:06:37,615 I'm going to go with the one 2252 01:06:37,615 --> 01:06:39,588 that is most important to me, 2253 01:06:39,590 --> 01:06:39,890 right?" 2254 01:06:39,890 --> 01:06:42,290 And let's say it's for the cafe services, 2255 01:06:42,290 --> 01:06:42,594 right? 2256 01:06:42,594 --> 01:06:43,506 That's totally fine. 2257 01:06:43,506 --> 01:06:45,663 You do not have to include the 2258 01:06:45,663 --> 01:06:47,283 other things in there that you 2259 01:06:47,283 --> 01:06:48,889 also use your trademark on. 2260 01:06:48,890 --> 01:06:50,738 Just because you put your trademark 2261 01:06:50,738 --> 01:06:52,596 onto your packaging for your muffins 2262 01:06:52,596 --> 01:06:54,584 and your doughnuts and stuff like that, 2263 01:06:54,590 --> 01:06:56,641 that doesn't mean you have to register 2264 01:06:56,641 --> 01:06:58,189 your trademark for those goods. 2265 01:06:58,190 --> 01:07:00,094 You could choose to just register it 2266 01:07:00,094 --> 01:07:02,219 for the one that's most important to 2267 01:07:02,220 --> 01:07:04,156 you at this time. I just want to 2268 01:07:04,156 --> 01:07:06,060 register for the cafe and guess what? 2269 01:07:06,060 --> 01:07:07,656 Six months later I got a whole 2270 01:07:07,656 --> 01:07:09,268 bunch of money coming in and I 2271 01:07:09,268 --> 01:07:11,070 want to throw more money at my 2272 01:07:11,070 --> 01:07:11,950 trademark registration. 2273 01:07:11,950 --> 01:07:13,553 So I'm now going to register Jason's 2274 01:07:13,553 --> 01:07:15,019 Bakery for my bakery services. 2275 01:07:15,020 --> 01:07:18,240 And I'm also going to register it 2276 01:07:18,240 --> 01:07:20,499 for, you know, for my for my baked goods, 2277 01:07:20,500 --> 01:07:21,504 for my pastries, right? 2278 01:07:21,504 --> 01:07:23,281 You can do that, if you want, 2279 01:07:23,281 --> 01:07:24,823 you can file a separate application 2280 01:07:24,823 --> 01:07:26,268 later to pick those things up. 2281 01:07:26,270 --> 01:07:28,027 The other thing I'll do very quickly. 2282 01:07:28,030 --> 01:07:29,787 Let's say you have a brew pub, 2283 01:07:29,790 --> 01:07:30,043 right? 2284 01:07:30,043 --> 01:07:32,320 What are the types of things that you might 2285 01:07:32,373 --> 01:07:33,831 have that you might want to 2286 01:07:33,831 --> 01:07:35,310 register if you're a brew pub? 2287 01:07:35,310 --> 01:07:37,067 Well, first of all, brew pub services. 2288 01:07:37,070 --> 01:07:38,576 OK? Or taproom services or 2289 01:07:38,576 --> 01:07:39,580 something along those lines. 2290 01:07:39,580 --> 01:07:40,830 If you're doing custom beer 2291 01:07:40,830 --> 01:07:42,082 brewing for someone else, right? 2292 01:07:42,082 --> 01:07:43,328 You know someone says, hey, 2293 01:07:43,328 --> 01:07:46,100 can you get me a batch of such as you know, 2294 01:07:46,100 --> 01:07:47,360 brew that up for me. 2295 01:07:47,360 --> 01:07:48,912 I want something that has, like, 2296 01:07:48,912 --> 01:07:50,120 really, really orange flavor. 2297 01:07:50,120 --> 01:07:50,951 I don't know. 2298 01:07:50,951 --> 01:07:53,554 Yeah sure or and if you sell your beer 2299 01:07:53,554 --> 01:07:56,262 like on site you know you you sell a six 2300 01:07:56,262 --> 01:07:58,638 pack or a 12 pack or a keg or whatever, 2301 01:07:58,640 --> 01:08:01,187 I don't know. If you sell it on site, 2302 01:08:01,190 --> 01:08:03,381 yeah, that could be a retail store 2303 01:08:03,381 --> 01:08:04,955 service featuring that beer for 2304 01:08:04,955 --> 01:08:06,380 consumption off premises. And if 2305 01:08:06,380 --> 01:08:08,264 and if you use your trademark on 2306 01:08:08,264 --> 01:08:10,460 like let's say on a six pack of beer 2307 01:08:10,460 --> 01:08:12,597 and like put on the label for your 2308 01:08:12,597 --> 01:08:14,535 beer or something like that right? 2309 01:08:14,540 --> 01:08:16,528 So this would be four different things. 2310 01:08:16,530 --> 01:08:19,149 The brew pub itself. If you do custom brewing, 2311 01:08:19,150 --> 01:08:20,818 for example. The retail store where 2312 01:08:20,818 --> 01:08:22,310 you're selling the beer itself, 2313 01:08:22,310 --> 01:08:24,319 and maybe, you know, T-shirts and 2314 01:08:24,319 --> 01:08:25,180 coasters and growlers, 2315 01:08:25,180 --> 01:08:26,896 and you know, and you know, 2316 01:08:26,900 --> 01:08:27,472 sweatshirts, whatever, 2317 01:08:27,472 --> 01:08:29,188 that sort of thing and then 2318 01:08:29,188 --> 01:08:30,968 also for the beer itself, right? 2319 01:08:30,968 --> 01:08:31,644 So again, 2320 01:08:31,644 --> 01:08:34,462 it would be up to you what you 2321 01:08:34,462 --> 01:08:36,676 want to try and protect with 2322 01:08:36,676 --> 01:08:39,128 regard to each of those things. 2323 01:08:39,130 --> 01:08:41,186 So another thing you have to figure out 2324 01:08:41,186 --> 01:08:43,088 before you file is your filing basis. 2325 01:08:43,090 --> 01:08:45,098 Just something to keep in mind in order 2326 01:08:45,098 --> 01:08:46,787 to register your trademark with us, 2327 01:08:46,790 --> 01:08:48,368 you must be using your trademark 2328 01:08:48,368 --> 01:08:49,157 in interstate commerce, 2329 01:08:49,160 --> 01:08:51,056 so you must be using it across state 2330 01:08:51,056 --> 01:08:52,856 lines or between one state and a 2331 01:08:52,856 --> 01:08:54,710 country or one state and territory. 2332 01:08:54,710 --> 01:08:56,390 OK? In order to register you must 2333 01:08:56,390 --> 01:08:58,033 be using it across state lines. 2334 01:08:58,033 --> 01:08:59,185 In order to apply, 2335 01:08:59,190 --> 01:09:01,310 you don't have to be using it yet, 2336 01:09:01,310 --> 01:09:03,677 but yeah, I do have to say, "Hey USPTO, 2337 01:09:03,680 --> 01:09:06,056 I realize that I'm not using it yet, 2338 01:09:06,060 --> 01:09:08,780 but I have a bona fide intent to do so 2339 01:09:08,780 --> 01:09:10,558 within the next three to four years." 2340 01:09:10,560 --> 01:09:11,322 That's totally fine. 2341 01:09:11,322 --> 01:09:11,576 OK, 2342 01:09:11,576 --> 01:09:13,100 so in your application you will 2343 01:09:13,145 --> 01:09:14,370 have to identify, "Hey USPTO, 2344 01:09:14,370 --> 01:09:15,888 I am already using my trademark 2345 01:09:15,888 --> 01:09:16,647 across state lines, 2346 01:09:16,650 --> 01:09:18,174 so I'm going to file under 2347 01:09:18,174 --> 01:09:19,190 the use in commerce basis." 2348 01:09:19,190 --> 01:09:20,460 Or you can say, "Hey, 2349 01:09:20,460 --> 01:09:21,730 I'm not using it yet, 2350 01:09:21,730 --> 01:09:23,298 but I have a bona fide intent 2351 01:09:23,298 --> 01:09:25,419 to do so." And you can file under 2352 01:09:25,419 --> 01:09:26,804 the intent to use basis. 2353 01:09:26,810 --> 01:09:28,476 Just keep in mind if you file 2354 01:09:28,476 --> 01:09:30,036 under intent to use then there's 2355 01:09:30,036 --> 01:09:31,884 more stuff you have to file right, 2356 01:09:31,890 --> 01:09:33,752 there are more more documents you have 2357 01:09:33,752 --> 01:09:35,959 to file, more fees that you have to pay. 2358 01:09:35,960 --> 01:09:37,694 So it's a little bit more 2359 01:09:37,694 --> 01:09:39,160 expensive in the long run. 2360 01:09:39,160 --> 01:09:41,104 But it's up to you if you're if you 2361 01:09:41,104 --> 01:09:42,790 haven't started your restaurant yet, 2362 01:09:42,790 --> 01:09:44,080 you're not up and running 2363 01:09:44,080 --> 01:09:45,378 yet and you're like, hey, 2364 01:09:45,378 --> 01:09:47,184 we're just coming out of the pandemic. 2365 01:09:47,190 --> 01:09:48,738 I'm just getting up and going, 2366 01:09:48,740 --> 01:09:50,560 but I but I have my trademark, 2367 01:09:50,560 --> 01:09:51,850 I want to get protected. 2368 01:09:51,850 --> 01:09:53,626 Hey cool, great go ahead and you can 2369 01:09:53,626 --> 01:09:55,006 submit that application and that's 2370 01:09:55,006 --> 01:09:56,770 totally fine to start early right? 2371 01:09:56,770 --> 01:09:58,372 You can apply to register early 2372 01:09:58,372 --> 01:09:59,620 before you're actually using it. 2373 01:09:59,620 --> 01:10:00,620 That's OK, just make 2374 01:10:00,620 --> 01:10:01,870 just be aware that before 2375 01:10:01,870 --> 01:10:03,247 you actually can use that 2376 01:10:03,250 --> 01:10:04,798 little "R in the circle" symbol 2377 01:10:04,800 --> 01:10:06,592 you're going to have to file more 2378 01:10:06,592 --> 01:10:08,418 paperwork and pay some more fees, OK? 2379 01:10:08,418 --> 01:10:10,154 So these are just a couple of 2380 01:10:10,154 --> 01:10:11,819 other reasons why your trademark 2381 01:10:11,819 --> 01:10:13,299 could be refused registration. 2382 01:10:13,300 --> 01:10:15,155 I'm just going to like point them 2383 01:10:15,155 --> 01:10:17,134 out real quick here and just so you 2384 01:10:17,134 --> 01:10:19,169 have them in the in the slide deck. 2385 01:10:19,170 --> 01:10:20,836 We don't have a whole lot of 2386 01:10:20,836 --> 01:10:22,738 time to dig into each of these. 2387 01:10:22,740 --> 01:10:24,644 This is like a lot of we can 2388 01:10:24,644 --> 01:10:26,307 go really in depth on these, 2389 01:10:26,310 --> 01:10:28,860 but I just want you to be aware of them. 2390 01:10:28,860 --> 01:10:30,386 OK, these are other reasons why your 2391 01:10:30,386 --> 01:10:31,919 trademark could be refused registration. 2392 01:10:31,920 --> 01:10:33,300 Another thing to think about when 2393 01:10:33,300 --> 01:10:34,835 you file is that your application 2394 01:10:34,835 --> 01:10:36,250 data does become public. 2395 01:10:36,250 --> 01:10:37,051 That's the law. 2396 01:10:37,051 --> 01:10:39,440 OK, that's the thing is we have to make 2397 01:10:39,440 --> 01:10:40,169 the information public. 2398 01:10:40,169 --> 01:10:41,870 So what that means is there are 2399 01:10:41,917 --> 01:10:43,262 private companies out there that 2400 01:10:43,262 --> 01:10:44,921 scrape our database and they take 2401 01:10:44,921 --> 01:10:46,487 those names and addresses and they 2402 01:10:46,487 --> 01:10:47,738 start start sending you stuff. 2403 01:10:47,738 --> 01:10:47,972 OK, 2404 01:10:47,972 --> 01:10:49,953 so if you file for an application and 2405 01:10:49,953 --> 01:10:51,705 you're not represented by an attorney, 2406 01:10:51,710 --> 01:10:53,924 you are probably going to get a lot of 2407 01:10:53,924 --> 01:10:55,383 misleading notices and offers in the 2408 01:10:55,383 --> 01:10:57,450 mail and they can be really confusing. 2409 01:10:57,450 --> 01:10:59,340 I was giving a presentation one time 2410 01:10:59,340 --> 01:11:01,650 and a guy came up to me and he's 2411 01:11:01,650 --> 01:11:03,450 like. "Jason, take a look at this. 2412 01:11:03,450 --> 01:11:05,562 Is this coming from you guys?" And I 2413 01:11:05,562 --> 01:11:08,146 said I looked at it and I was like, "No, 2414 01:11:08,150 --> 01:11:09,848 no that's not coming from us." 2415 01:11:09,850 --> 01:11:11,386 It was from some fake company 2416 01:11:11,386 --> 01:11:13,280 pretending to be the USPTO. He's like, 2417 01:11:13,280 --> 01:11:14,864 "Thank you he's like you just 2418 01:11:14,864 --> 01:11:15,920 saved me $1000?" Right? 2419 01:11:15,920 --> 01:11:17,234 'cause he was just about ready 2420 01:11:17,234 --> 01:11:18,805 to pay this and and oftentimes 2421 01:11:18,805 --> 01:11:20,405 these things look like invoices. 2422 01:11:20,410 --> 01:11:22,130 You know it might be for €4000 in 2423 01:11:22,130 --> 01:11:24,149 order to be on some private European 2424 01:11:24,149 --> 01:11:25,684 registry or something like that. 2425 01:11:25,690 --> 01:11:27,895 And I was like oh sorts of weird stuff 2426 01:11:27,895 --> 01:11:30,178 so so just be aware of these things. 2427 01:11:30,180 --> 01:11:30,444 OK, 2428 01:11:30,444 --> 01:11:32,820 that you will get these things in the mail. 2429 01:11:32,820 --> 01:11:34,665 You can use the link there that you see 2430 01:11:34,665 --> 01:11:36,777 on the slide for trademark solicitations. 2431 01:11:36,780 --> 01:11:38,756 You can go to that page and you 2432 01:11:38,756 --> 01:11:40,588 can see all of the examples 2433 01:11:40,590 --> 01:11:42,389 that have popped up over the years 2434 01:11:42,389 --> 01:11:44,159 and you can look and see does 2435 01:11:44,159 --> 01:11:46,239 mine match up with one I see online. 2436 01:11:46,240 --> 01:11:48,312 If it does, boop, right and rip that 2437 01:11:48,312 --> 01:11:50,097 thing apart and you can ignore it. 2438 01:11:50,100 --> 01:11:52,340 The only thing you're going to get from 2439 01:11:52,340 --> 01:11:54,723 us you will have a see a copy of it. 2440 01:11:54,730 --> 01:11:56,515 Sorry, anything that we send to you, 2441 01:11:56,520 --> 01:11:58,212 you will be able to see a copy of 2442 01:11:58,212 --> 01:12:00,411 it in our database, in TSDR, the Trademark 2443 01:12:00,411 --> 01:12:01,711 status and Document Retrieval 2444 01:12:01,765 --> 01:12:03,487 system, which you have access to 24 2445 01:12:03,487 --> 01:12:05,122 hours a day, seven days a week. 2446 01:12:05,122 --> 01:12:06,837 All you have to do is pop 2447 01:12:06,837 --> 01:12:08,089 your serial number into TSDR. 2448 01:12:08,090 --> 01:12:09,686 You can pull up everything in 2449 01:12:09,686 --> 01:12:11,259 your case and you can see, 2450 01:12:11,260 --> 01:12:12,910 "Hey, did the USPTO ask me 2451 01:12:12,910 --> 01:12:14,562 to send €4000? No, they didn't. 2452 01:12:14,562 --> 01:12:16,206 OK, I get rid of it." 2453 01:12:16,210 --> 01:12:18,410 OK, so so that's the basics on trademarks. 2454 01:12:18,410 --> 01:12:19,790 OK, and then, oh wow, 2455 01:12:19,790 --> 01:12:21,638 we're already about an hour and 2456 01:12:21,638 --> 01:12:23,482 15 minutes into this thing and 2457 01:12:23,482 --> 01:12:25,393 I still have some other stuff I 2458 01:12:25,393 --> 01:12:27,342 want to get to and I still want 2459 01:12:27,342 --> 01:12:28,502 to have room for questions. 2460 01:12:28,502 --> 01:12:30,715 So I'm going to move on at this point 2461 01:12:30,715 --> 01:12:32,270 to different types of intellectual 2462 01:12:32,270 --> 01:12:34,116 property that you are going to 2463 01:12:34,116 --> 01:12:36,013 want to know about with regard to 2464 01:12:36,013 --> 01:12:37,088 restaurants and foodservice industry. 2465 01:12:37,088 --> 01:12:38,950 But also I want to just do 2466 01:12:39,011 --> 01:12:40,139 a quick reminder here. 2467 01:12:40,140 --> 01:12:41,740 If you do have questions, 2468 01:12:41,740 --> 01:12:44,575 please send them to TMfeedback@uspto.gov. 2469 01:12:44,580 --> 01:12:46,844 I'm trying my best here to reserve as 2470 01:12:46,844 --> 01:12:49,505 much time as I possibly can to answer 2471 01:12:49,505 --> 01:12:51,220 questions before the session ends. 2472 01:12:51,220 --> 01:12:53,116 OK, but we're going to move 2473 01:12:53,116 --> 01:12:54,700 into trade dress right now, 2474 01:12:54,700 --> 01:12:57,220 which is a sort of version of trademark. 2475 01:12:57,220 --> 01:12:57,874 It's very, 2476 01:12:57,874 --> 01:13:00,163 very similar and you would register to 2477 01:13:00,163 --> 01:13:02,277 protect it through our office as well. 2478 01:13:02,280 --> 01:13:03,540 You know through through 2479 01:13:03,540 --> 01:13:04,485 a trademark application, 2480 01:13:04,490 --> 01:13:06,320 so trade dress is really referring 2481 01:13:06,320 --> 01:13:08,568 to the look and feel of your 2482 01:13:08,568 --> 01:13:09,856 product or your service. 2483 01:13:09,860 --> 01:13:12,220 OK, so it could be, you know, 2484 01:13:12,220 --> 01:13:13,440 as we saw with McDonald's, 2485 01:13:13,440 --> 01:13:15,384 it could be the exterior of the restaurant, 2486 01:13:15,390 --> 01:13:15,617 right? 2487 01:13:15,617 --> 01:13:17,433 Maybe maybe a bit of the yellow awning 2488 01:13:17,433 --> 01:13:19,046 and then the stack stone or whatever 2489 01:13:19,050 --> 01:13:19,710 it happens to be, right? 2490 01:13:19,710 --> 01:13:21,030 So the interior or the exterior 2491 01:13:21,030 --> 01:13:21,979 of your restaurant, 2492 01:13:21,980 --> 01:13:23,646 it could be a sign, every time people 2493 01:13:23,646 --> 01:13:25,150 see a particular sign you're like, 2494 01:13:25,150 --> 01:13:26,620 oh, I know who that is. 2495 01:13:26,620 --> 01:13:28,807 Or maybe it's a layout of the floor plan. 2496 01:13:28,810 --> 01:13:30,274 Or maybe it's the decor, right? 2497 01:13:30,274 --> 01:13:31,738 It's a bunch of stuff you 2498 01:13:31,738 --> 01:13:33,199 have tacked up to the walls. 2499 01:13:33,200 --> 01:13:34,901 You know, those sorts of things. You 2500 01:13:34,901 --> 01:13:36,378 walk into Cracker Barrel, you're like, 2501 01:13:36,380 --> 01:13:38,324 "Yeah, I know I'm in a Cracker Barrel." 2502 01:13:38,330 --> 01:13:38,583 OK? 2503 01:13:38,583 --> 01:13:40,101 I don't know if they register 2504 01:13:40,101 --> 01:13:41,260 that as trademark or not, 2505 01:13:41,260 --> 01:13:43,087 but if you walk into a Cracker Barrel, 2506 01:13:43,090 --> 01:13:45,136 you know you're in a Cracker Barrel, right? 2507 01:13:45,136 --> 01:13:46,928 And that's really what we're talking about 2508 01:13:46,930 --> 01:13:49,135 when we're talking about trade dress and and 2509 01:13:49,135 --> 01:13:51,079 going into something like a restaurant. 2510 01:13:51,080 --> 01:13:52,928 So one thing to think about 2511 01:13:52,928 --> 01:13:55,280 that in order to be registrable, 2512 01:13:55,280 --> 01:13:57,485 it has to be non-functional and 2513 01:13:57,485 --> 01:13:59,829 it also has to be distinctive. 2514 01:13:59,830 --> 01:14:02,280 So what do we mean by non-functional? 2515 01:14:02,280 --> 01:14:04,485 Essentially, it means that you 2516 01:14:04,485 --> 01:14:07,690 don't have to have like it doesn't 2517 01:14:07,690 --> 01:14:08,224 it doesn't 2518 01:14:08,224 --> 01:14:09,826 the product doesn't have to have 2519 01:14:09,826 --> 01:14:11,380 it in order to function. 2520 01:14:11,380 --> 01:14:11,617 OK, 2521 01:14:11,617 --> 01:14:13,513 so if we think about a bottle of 2522 01:14:13,513 --> 01:14:15,521 Coca Cola. Now a bottle is functional 2523 01:14:15,521 --> 01:14:17,685 because it is the function it holds 2524 01:14:17,685 --> 01:14:19,617 is holding the liquid inside it. 2525 01:14:19,620 --> 01:14:21,318 However, the Coca Cola bottle has, 2526 01:14:21,320 --> 01:14:22,740 like, little ribbing all the 2527 01:14:22,740 --> 01:14:24,160 way around the bottom, right. 2528 01:14:24,160 --> 01:14:25,580 It's a it's the shape 2529 01:14:25,580 --> 01:14:27,290 kind of like goes in, right? 2530 01:14:27,290 --> 01:14:28,422 We've all seen a 2531 01:14:28,422 --> 01:14:29,554 Coca Cola bottle before. 2532 01:14:29,560 --> 01:14:31,228 I don't know why I need 2533 01:14:31,228 --> 01:14:32,680 to describe it to you, 2534 01:14:32,680 --> 01:14:35,250 but but if we take a look at that that 2535 01:14:35,325 --> 01:14:37,964 that ribbing sort of around the center. 2536 01:14:37,970 --> 01:14:40,330 It is non-functional and so because it's 2537 01:14:40,330 --> 01:14:42,676 not necessary in order to hold the liquid in. 2538 01:14:42,680 --> 01:14:44,608 So what it is doing is being used 2539 01:14:44,608 --> 01:14:46,616 as an indicator of source. So when 2540 01:14:46,616 --> 01:14:48,707 you walk into a 7Eleven or wherever 2541 01:14:48,707 --> 01:14:50,987 you go and you look across and you 2542 01:14:50,990 --> 01:14:52,915 see that contour bottle in the in 2543 01:14:52,915 --> 01:14:54,870 the fridge like that's a Coca Cola. 2544 01:14:54,870 --> 01:14:57,078 I know it from across the room right? 2545 01:14:57,080 --> 01:14:58,984 So that is the trade dress that is 2546 01:14:58,984 --> 01:15:01,019 being used as a trademark to indicate 2547 01:15:01,019 --> 01:15:02,900 the source of those particular goods. 2548 01:15:02,900 --> 01:15:04,556 So it is non-functional because 2549 01:15:04,556 --> 01:15:05,384 it's not required. 2550 01:15:05,390 --> 01:15:07,118 So think about that with regard 2551 01:15:07,118 --> 01:15:07,982 to your restaurant 2552 01:15:07,990 --> 01:15:09,560 or your food truck, right? 2553 01:15:09,560 --> 01:15:11,758 So, so think about like a seat, 2554 01:15:11,760 --> 01:15:13,954 OK, in your restaurant is functional, right? 2555 01:15:13,954 --> 01:15:16,780 Because people need to be able to sit down, 2556 01:15:16,780 --> 01:15:17,076 right? 2557 01:15:17,076 --> 01:15:19,148 So so the fact that it's functional 2558 01:15:19,148 --> 01:15:20,860 that would not be protectable. 2559 01:15:20,860 --> 01:15:23,686 But what if it is distinctive in some way? 2560 01:15:23,690 --> 01:15:26,194 What if that seat for the, you know, 2561 01:15:26,200 --> 01:15:28,066 the the fuzzy mushroom mushroom pizza 2562 01:15:28,066 --> 01:15:30,934 joint is a is a stool that looks and 2563 01:15:30,934 --> 01:15:33,169 feels exactly like like some sort of 2564 01:15:33,169 --> 01:15:35,624 weird fuzzy mushroom that you sit on, right? 2565 01:15:35,624 --> 01:15:36,880 So in that case, 2566 01:15:36,880 --> 01:15:37,918 the seat itself would 2567 01:15:37,918 --> 01:15:38,610 be functional, 2568 01:15:38,610 --> 01:15:38,882 sure, 2569 01:15:38,882 --> 01:15:40,514 but what's being protected is not 2570 01:15:40,514 --> 01:15:42,067 the fact that the functionality 2571 01:15:42,067 --> 01:15:43,757 of the fuzzy mushroom stool. 2572 01:15:43,760 --> 01:15:45,578 It's got this like really cool 2573 01:15:45,580 --> 01:15:46,828 sort of like cover, 2574 01:15:46,828 --> 01:15:49,048 and it's built to actually look like 2575 01:15:49,048 --> 01:15:51,032 a mushroom that you sit on, right? 2576 01:15:51,032 --> 01:15:52,240 That would be distinctive. 2577 01:15:52,240 --> 01:15:52,537 OK, 2578 01:15:52,537 --> 01:15:54,022 so that distinctiveness is what's 2579 01:15:54,022 --> 01:15:55,834 going to make people think, oh, 2580 01:15:55,834 --> 01:15:57,682 every time I see one of those 2581 01:15:57,682 --> 01:15:59,209 fuzzy fuzzy mushroom stools, 2582 01:15:59,210 --> 01:16:01,636 I know it's the Fuzzy Mushroom, you know, 2583 01:16:01,636 --> 01:16:04,060 Pizza Palace or whatever the heck it is. 2584 01:16:04,060 --> 01:16:05,570 OK, so for trade dress, 2585 01:16:05,570 --> 01:16:08,432 keep in mind it has to be non-functional 2586 01:16:08,440 --> 01:16:10,225 and it also has to be distinctive. 2587 01:16:10,230 --> 01:16:10,523 OK, 2588 01:16:10,523 --> 01:16:12,281 so that means that people the 2589 01:16:12,281 --> 01:16:14,075 consuming public have come to recognize 2590 01:16:14,075 --> 01:16:15,785 every time they see that thing. 2591 01:16:15,790 --> 01:16:17,497 I know exactly who that is, right? 2592 01:16:17,497 --> 01:16:19,393 And so you're going to want to have 2593 01:16:19,393 --> 01:16:21,424 as much evidence of that as you can. 2594 01:16:21,430 --> 01:16:22,900 If somebody starts to copy you, 2595 01:16:22,900 --> 01:16:24,120 you mean like woah, woah, 2596 01:16:24,120 --> 01:16:24,363 woah, 2597 01:16:24,363 --> 01:16:25,821 I have been using the fuzzy 2598 01:16:25,821 --> 01:16:26,820 mushroom stools since 1974. 2599 01:16:26,820 --> 01:16:28,040 Look at all these advertisements 2600 01:16:28,040 --> 01:16:29,016 in which we say, 2601 01:16:29,020 --> 01:16:29,250 "Hey, 2602 01:16:29,250 --> 01:16:30,630 come to the Fuzzy Mushroom, 2603 01:16:30,630 --> 01:16:32,143 sit on our fuzzy mushroom stools 2604 01:16:32,143 --> 01:16:33,679 or or his own like that. 2605 01:16:33,680 --> 01:16:35,157 Or maybe it's a review of the 2606 01:16:35,157 --> 01:16:36,619 restaurant or or something online. 2607 01:16:36,620 --> 01:16:37,540 That said, like, "Hey, 2608 01:16:37,540 --> 01:16:39,219 the great thing about you know the 2609 01:16:39,219 --> 01:16:40,479 Fuzzy Mushroom restaurant is the 2610 01:16:40,479 --> 01:16:42,023 fact that they have these fuzzy 2611 01:16:42,023 --> 01:16:43,475 mushrooms. My kids love it. 2612 01:16:43,480 --> 01:16:45,895 They want to go and sit on." 2613 01:16:45,900 --> 01:16:47,160 That sort of thing, right? 2614 01:16:47,160 --> 01:16:48,594 So you would have that sort 2615 01:16:48,594 --> 01:16:49,550 of evidence to help 2616 01:16:49,605 --> 01:16:51,765 be able to establish a record in case 2617 01:16:51,765 --> 01:16:53,676 somebody starts to copy you in the future. 2618 01:16:53,680 --> 01:16:55,138 So let's take a really quick 2619 01:16:55,138 --> 01:16:56,928 look at some trade dress so you 2620 01:16:56,928 --> 01:16:58,446 can see what I'm talking about. 2621 01:16:58,450 --> 01:16:59,890 This is, I believe, 2622 01:16:59,890 --> 01:17:01,690 the original McDonald's hamburger stand. 2623 01:17:01,690 --> 01:17:04,000 Which is I think still standing, right. 2624 01:17:04,000 --> 01:17:06,128 So as you can see there on the 2625 01:17:06,128 --> 01:17:08,277 left, they have protected this sort 2626 01:17:08,277 --> 01:17:10,593 of outline there of the building. 2627 01:17:10,600 --> 01:17:12,910 The way the building looks. Is that 2628 01:17:12,910 --> 01:17:15,220 functional? Well to some extent, yeah, right. 2629 01:17:15,220 --> 01:17:16,870 The arches are probably functional, 2630 01:17:16,870 --> 01:17:19,180 maybe to some extent, but they're also 2631 01:17:19,180 --> 01:17:21,820 they also have a non-functional aspect to 2632 01:17:21,820 --> 01:17:23,800 them and they're also distinctive, right? 2633 01:17:23,800 --> 01:17:25,888 So it's possible to protect things 2634 01:17:25,888 --> 01:17:27,628 that are partially functional so 2635 01:17:27,628 --> 01:17:29,078 long as they are distinctive. 2636 01:17:29,080 --> 01:17:31,950 They have a distinctive element to it. 2637 01:17:31,950 --> 01:17:33,700 Mendicino Farms. They have registered 2638 01:17:33,700 --> 01:17:35,450 their blue and white splotched 2639 01:17:35,511 --> 01:17:36,836 cow there as trade dress. 2640 01:17:36,840 --> 01:17:39,122 So if you go into any one 2641 01:17:39,122 --> 01:17:40,100 of these restaurants, 2642 01:17:40,100 --> 01:17:42,068 you'll probably see some version of 2643 01:17:42,068 --> 01:17:44,700 the blue and white cow at some place 2644 01:17:44,700 --> 01:17:46,618 in the restaurant. What about this? 2645 01:17:46,618 --> 01:17:48,574 Any of you West Coasters? Automatically, 2646 01:17:48,580 --> 01:17:50,210 you know. Yeah, that's right. 2647 01:17:50,210 --> 01:17:52,160 It's an In 'N Out Burger. 2648 01:17:52,160 --> 01:17:53,790 And so you walk in, 2649 01:17:53,790 --> 01:17:55,420 you immediately know that you're 2650 01:17:55,420 --> 01:17:57,050 in an In 'N Out. 2651 01:17:57,050 --> 01:17:59,658 You can see, just based on it alone. 2652 01:17:59,660 --> 01:18:02,468 Now, as you can see their their stools. 2653 01:18:02,470 --> 01:18:04,595 Uh, and their countertops are white, right? 2654 01:18:04,595 --> 01:18:06,424 Those are those are functional, right? 2655 01:18:06,424 --> 01:18:07,947 But they're also distinctive, right? 2656 01:18:07,947 --> 01:18:08,254 The 2657 01:18:08,254 --> 01:18:10,096 The combination of the red and 2658 01:18:10,096 --> 01:18:11,590 white. Look at the booths. 2659 01:18:11,590 --> 01:18:13,408 OK, as you can see here, 2660 01:18:13,410 --> 01:18:15,850 they're claiming the red back in the booth, 2661 01:18:15,850 --> 01:18:17,066 right? The red chairs. 2662 01:18:17,066 --> 01:18:18,890 Anything that's not a dotted line. 2663 01:18:18,890 --> 01:18:21,314 They are sort of claiming as trade dress, 2664 01:18:21,320 --> 01:18:21,623 right? 2665 01:18:21,623 --> 01:18:23,744 So there's the dotted stuff is functional, 2666 01:18:23,750 --> 01:18:24,054 right? 2667 01:18:24,054 --> 01:18:25,270 The windows are functional. 2668 01:18:25,270 --> 01:18:27,120 They're not claiming those pendant 2669 01:18:27,120 --> 01:18:28,970 lights that are hanging down, 2670 01:18:29,029 --> 01:18:31,318 necessarily as part of the trade dress. 2671 01:18:31,320 --> 01:18:32,296 Like doorways, functional, right? 2672 01:18:32,296 --> 01:18:34,250 But the subway tile in the background? 2673 01:18:34,250 --> 01:18:35,310 The red subway tile, 2674 01:18:35,310 --> 01:18:36,635 the the white subway tile, 2675 01:18:36,640 --> 01:18:37,970 or like around the countertop, 2676 01:18:37,970 --> 01:18:38,753 the silver countertop. 2677 01:18:38,753 --> 01:18:40,580 Those are like the elements of the 2678 01:18:40,627 --> 01:18:42,229 trade dress that they are claiming. 2679 01:18:42,230 --> 01:18:43,931 so you'll walk in even if you 2680 01:18:43,931 --> 01:18:45,682 didn't see signs outside, you know, 2681 01:18:45,682 --> 01:18:47,544 wow, I'm in an In 'N Out 2682 01:18:47,550 --> 01:18:49,810 Burger, great. Same thing here. 2683 01:18:49,810 --> 01:18:51,250 You see any signage here? 2684 01:18:51,250 --> 01:18:53,824 You know exactly what that is. Right? 2685 01:18:53,830 --> 01:18:54,625 It's a Chipotle, 2686 01:18:54,625 --> 01:18:54,890 right? 2687 01:18:54,890 --> 01:18:56,480 You can tell by the distinctive 2688 01:18:56,536 --> 01:18:58,126 chairs that they have registered. 2689 01:18:58,130 --> 01:19:00,338 You can tell by the sort of industrial 2690 01:19:00,338 --> 01:19:02,099 ducting and plywood sort of stuff 2691 01:19:02,099 --> 01:19:04,160 that they have done across the roof. 2692 01:19:04,160 --> 01:19:05,882 Now obviously the picture on the 2693 01:19:05,882 --> 01:19:07,030 right doesn't exactly match. 2694 01:19:07,030 --> 01:19:09,039 I just happen to find this one, 2695 01:19:09,040 --> 01:19:10,738 but when you walk into a Chipotle 2696 01:19:10,738 --> 01:19:12,200 you know your in a Chipotle. 2697 01:19:12,200 --> 01:19:14,209 So think about your restaurant as well, 2698 01:19:14,210 --> 01:19:16,472 like when somebody walks into your 2699 01:19:16,472 --> 01:19:19,308 restaurant or walks up to your food truck. 2700 01:19:19,310 --> 01:19:21,050 Or your walks into your bar. 2701 01:19:21,050 --> 01:19:22,790 What is it about that place 2702 01:19:22,790 --> 01:19:23,950 that makes people think, 2703 01:19:23,950 --> 01:19:26,282 "Oh, I know exactly where I am." Right? 2704 01:19:26,282 --> 01:19:28,698 Because if you walk into one of these 2705 01:19:28,698 --> 01:19:30,615 restaurants anywhere you go in the world, 2706 01:19:30,620 --> 01:19:32,940 you automatically sort of know where you are. 2707 01:19:32,940 --> 01:19:35,260 And that's the power of trade dress, right? 2708 01:19:35,260 --> 01:19:36,710 I remember hearing someone talk 2709 01:19:36,710 --> 01:19:37,870 about The Cheesecake Factory. 2710 01:19:37,870 --> 01:19:39,900 You know, pretty much every single one, 2711 01:19:39,900 --> 01:19:42,116 it doesn't matter where you are in the 2712 01:19:42,116 --> 01:19:43,984 world looks exactly the same, right? 2713 01:19:43,984 --> 01:19:45,868 So your experience is exactly the 2714 01:19:45,868 --> 01:19:47,965 same no matter where you are and 2715 01:19:47,965 --> 01:19:49,840 it's and it's good with regard to 2716 01:19:49,840 --> 01:19:51,330 customers feeling comfortable in your 2717 01:19:51,330 --> 01:19:53,308 place and knowing, "Oh I know I'm 2718 01:19:53,308 --> 01:19:55,060 going to get the exact meal that I'm 2719 01:19:55,117 --> 01:19:56,725 used to no matter where I am." Now, 2720 01:19:56,730 --> 01:19:58,613 look well, that's good or bad when 2721 01:19:58,613 --> 01:20:00,163 you're off travelling and maybe it's 2722 01:20:00,163 --> 01:20:01,773 time to have a new experience and 2723 01:20:01,830 --> 01:20:03,370 maybe not one you have at home. 2724 01:20:03,370 --> 01:20:05,338 Hey, that's that's your own call to make. 2725 01:20:05,340 --> 01:20:07,630 OK, but this is sort of how trade dress works. 2726 01:20:07,682 --> 01:20:09,770 So you know another thing to think about, 2727 01:20:09,770 --> 01:20:11,042 very briefly, is plating. 2728 01:20:11,042 --> 01:20:12,950 So it's possible it could be 2729 01:20:13,016 --> 01:20:14,608 protectable as trade dress. 2730 01:20:14,610 --> 01:20:17,458 There isn't a whole lot of good information 2731 01:20:17,458 --> 01:20:19,528 necessarily on whether it is or not, 2732 01:20:19,530 --> 01:20:21,826 so this is not me saying yes, 2733 01:20:21,830 --> 01:20:24,119 you can protect plating as trade dress. 2734 01:20:24,120 --> 01:20:25,056 I don't know. 2735 01:20:25,056 --> 01:20:27,730 OK, there is no good answer out there. 2736 01:20:27,730 --> 01:20:29,370 No one can really necessarily 2737 01:20:29,370 --> 01:20:31,010 give you a good answer. 2738 01:20:31,010 --> 01:20:33,626 It's possible it could, if the plating has 2739 01:20:33,630 --> 01:20:35,270 as you can see here, 2740 01:20:35,270 --> 01:20:36,905 has earned a sufficient reputation 2741 01:20:36,905 --> 01:20:38,880 that anytime you see that dish, 2742 01:20:38,880 --> 01:20:41,178 I know exactly who that is, right? 2743 01:20:41,178 --> 01:20:42,490 So here's an example. 2744 01:20:42,490 --> 01:20:44,626 This is Grant Achatz at Alinea. 2745 01:20:44,630 --> 01:20:47,577 In Chicago. This is his salad centerpiece, 2746 01:20:47,580 --> 01:20:50,100 in which the salad is growing, 2747 01:20:50,100 --> 01:20:53,490 quote unquote, growing in that garden. 2748 01:20:53,490 --> 01:20:56,343 We have here this egg dish of Andoni 2749 01:20:56,343 --> 01:20:59,026 Aduriz at Mugaritz in Spain. 2750 01:20:59,030 --> 01:21:01,445 That cube there is actually an egg, 2751 01:21:01,450 --> 01:21:03,865 so sort of famous for that. 2752 01:21:03,870 --> 01:21:06,285 And this is the Cuban Missile Crisis 2753 01:21:06,290 --> 01:21:08,020 Cuban pork sandwich by Chef 2754 01:21:08,020 --> 01:21:09,750 Cantu of the restaurant Moto, 2755 01:21:09,750 --> 01:21:12,518 also in Chicago. And so apparently the bread, 2756 01:21:12,520 --> 01:21:14,596 the pork, and the pickles were flattened, 2757 01:21:14,600 --> 01:21:14,971 rolled, 2758 01:21:14,971 --> 01:21:17,568 fried, and then wrapped in a collard 2759 01:21:17,568 --> 01:21:20,480 green. And then the lit end of the cigar 2760 01:21:20,480 --> 01:21:23,248 there is red pepper puree. And the ash is 2761 01:21:23,250 --> 01:21:25,240 toasted sesame seeds and spices, right? 2762 01:21:25,240 --> 01:21:27,040 So if you saw this dish, 2763 01:21:27,040 --> 01:21:28,840 would you automatically sort of like 2764 01:21:28,840 --> 01:21:31,910 I know where I am? 2765 01:21:31,910 --> 01:21:32,759 Maybe right, right? 2766 01:21:32,759 --> 01:21:33,608 You know so 2767 01:21:33,610 --> 01:21:35,549 so you can probably see the argument 2768 01:21:35,549 --> 01:21:37,056 why it's possible that something 2769 01:21:37,056 --> 01:21:38,904 like this could be protectable as 2770 01:21:38,904 --> 01:21:40,708 a trademark every time you see it, 2771 01:21:40,710 --> 01:21:43,060 you know where you are. 2772 01:21:43,060 --> 01:21:45,405 OK, so that's trademarks and trade dress. 2773 01:21:45,410 --> 01:21:47,426 I'm going to jump into copyrights 2774 01:21:47,426 --> 01:21:48,098 very briefly. 2775 01:21:48,100 --> 01:21:50,788 If you have any questions about trade dress, 2776 01:21:50,790 --> 01:21:52,530 by all means email TMfeedback@uspto.gov 2777 01:21:52,530 --> 01:21:54,634 and I'll try and answer those 2778 01:21:54,634 --> 01:21:55,830 questions at the end. 2779 01:21:55,830 --> 01:21:57,510 So let's talk through copyrights. 2780 01:21:57,510 --> 01:21:58,515 OK, so copyrights, 2781 01:21:58,515 --> 01:21:59,855 as you might remember, 2782 01:21:59,860 --> 01:22:00,868 protection for creative, 2783 01:22:00,868 --> 01:22:01,540 artistic works. 2784 01:22:01,540 --> 01:22:03,215 Copyright protection can last for 2785 01:22:03,215 --> 01:22:04,555 a very long time. 2786 01:22:04,560 --> 01:22:06,240 It lasts 70 years after 2787 01:22:06,240 --> 01:22:07,920 the death of the author, 2788 01:22:07,920 --> 01:22:09,936 if it's an individual copyright owner. 2789 01:22:09,940 --> 01:22:12,285 And 120 years if it's a business 2790 01:22:12,290 --> 01:22:15,160 that is the owner of the copyright. 2791 01:22:15,160 --> 01:22:17,743 Now the main question I have and I know 2792 01:22:17,743 --> 01:22:20,606 I teased it at the very beginning and 2793 01:22:20,606 --> 01:22:23,160 it's a question that everybody asks. 2794 01:22:23,160 --> 01:22:24,204 What about recipes? 2795 01:22:24,204 --> 01:22:25,944 Can I copyright my recipe? 2796 01:22:25,950 --> 01:22:28,037 The answer is no. OK, categorically, 2797 01:22:28,037 --> 01:22:30,813 you cannot register a recipe as a copyright. 2798 01:22:30,820 --> 01:22:32,560 And the reason is, honestly, 2799 01:22:32,560 --> 01:22:33,604 it's not artistic. 2800 01:22:33,604 --> 01:22:36,040 It is as you can see here. 2801 01:22:36,040 --> 01:22:38,128 It's a listing of ingredients, right? 2802 01:22:38,128 --> 01:22:40,216 So it's just facts, it's functional, 2803 01:22:40,216 --> 01:22:41,608 and it's the directions. 2804 01:22:41,610 --> 01:22:44,386 Don't have any sort of creativity in them, 2805 01:22:44,390 --> 01:22:45,272 right? It's just a 2806 01:22:45,272 --> 01:22:47,330 process. You combine one cup of this. 2807 01:22:47,330 --> 01:22:49,386 One cup of that. A teaspoon of this. 2808 01:22:49,390 --> 01:22:50,454 A tablespoon of that. 2809 01:22:50,454 --> 01:22:52,345 You mix it all together and you 2810 01:22:52,345 --> 01:22:54,004 bake it at 350 for 20 minutes. 2811 01:22:54,010 --> 01:22:55,034 Whatever, that is, right, right? 2812 01:22:55,034 --> 01:22:56,314 So that's that's a recipe. 2813 01:22:56,320 --> 01:22:57,490 It's not artistic, 2814 01:22:57,490 --> 01:23:00,220 it's just telling you what to do. 2815 01:23:00,220 --> 01:23:03,250 Now. That's what the rule is, 2816 01:23:03,250 --> 01:23:05,590 right, recipes not protectable by copyright. 2817 01:23:05,590 --> 01:23:05,954 However, 2818 01:23:05,954 --> 01:23:08,138 if that recipe is sort of 2819 01:23:08,138 --> 01:23:10,270 presented in a creative way, 2820 01:23:10,270 --> 01:23:12,226 there is a possibility that you 2821 01:23:12,226 --> 01:23:14,409 might be able to register this 2822 01:23:14,409 --> 01:23:16,815 sort of combination of that stuff 2823 01:23:16,815 --> 01:23:18,850 through the copyright system. 2824 01:23:18,850 --> 01:23:21,142 So let's say that you've combined 2825 01:23:21,142 --> 01:23:23,920 all of the recipes into a cookbook, 2826 01:23:23,920 --> 01:23:26,854 and there's some sort of creativity 2827 01:23:26,854 --> 01:23:29,770 in terms of the cookbook. 2828 01:23:29,770 --> 01:23:31,425 So, you know, it's possible, right? 2829 01:23:31,425 --> 01:23:33,625 I'm not saying that you can do that, 2830 01:23:33,630 --> 01:23:35,010 but it must be that, 2831 01:23:35,010 --> 01:23:36,851 but it would depend on the amount 2832 01:23:36,851 --> 01:23:38,484 of creativity that you put into 2833 01:23:38,484 --> 01:23:39,536 the combination and creation 2834 01:23:39,536 --> 01:23:41,089 of that of that cookbook. 2835 01:23:41,090 --> 01:23:42,723 The combination of those things, right? 2836 01:23:42,723 --> 01:23:44,241 So it's not just a bunch 2837 01:23:44,241 --> 01:23:45,500 of listings of recipes, 2838 01:23:45,500 --> 01:23:47,380 but there's this additional creative 2839 01:23:47,380 --> 01:23:49,659 element that has been included in it. 2840 01:23:49,660 --> 01:23:50,988 Maybe there's a personal 2841 01:23:50,988 --> 01:23:52,316 story that you include, 2842 01:23:52,320 --> 01:23:54,476 or maybe the description of how you 2843 01:23:54,476 --> 01:23:57,296 do it is written out in story form. 2844 01:23:57,300 --> 01:24:01,266 If you think, I don't know, 2845 01:24:01,270 --> 01:24:03,448 so, you know, think about Shakespeare's 2846 01:24:03,448 --> 01:24:08,350 Macbeth. Like the the Witches' Chant, you know. 2847 01:24:08,350 --> 01:24:09,310 Boil. Double, double, toil 2848 01:24:09,310 --> 01:24:10,750 and trouble. Cauldron burn. Fire burn 2849 01:24:10,750 --> 01:24:11,710 and cauldron bubble, right? 2850 01:24:11,710 --> 01:24:13,630 Yeah, that that whole thing, that whole list, 2851 01:24:13,630 --> 01:24:15,070 they're essentially it's a it's a, 2852 01:24:15,070 --> 01:24:16,510 uh, what they're doing is, 2853 01:24:16,510 --> 01:24:17,950 you know, creating a spell right? 2854 01:24:17,950 --> 01:24:20,110 That's really a recipe of eye of newt and, 2855 01:24:20,110 --> 01:24:21,310 you know, toe of frog, 2856 01:24:21,310 --> 01:24:23,470 you know, wing of bat and tongue of dog, 2857 01:24:23,470 --> 01:24:23,710 right? 2858 01:24:23,710 --> 01:24:25,390 You know that sort of stuff right? 2859 01:24:25,390 --> 01:24:27,070 All those things that sort of resemble 2860 01:24:27,070 --> 01:24:28,270 it's kind of recipe, right, 2861 01:24:28,270 --> 01:24:29,470 kind of put it together, 2862 01:24:29,470 --> 01:24:30,430 but it's also creative, 2863 01:24:30,430 --> 01:24:30,670 right? 2864 01:24:30,670 --> 01:24:32,110 And so it's put it together 2865 01:24:32,110 --> 01:24:33,070 in a creative way. 2866 01:24:33,070 --> 01:24:34,814 Now I'm not saying that if you were 2867 01:24:34,814 --> 01:24:36,579 to create a recipe that's like the 2868 01:24:36,579 --> 01:24:38,110 Witches' Chant from from from Macbeth, you'd 2869 01:24:38,110 --> 01:24:39,598 be able to register this as a copyright. 2870 01:24:39,600 --> 01:24:40,554 But you might, OK. 2871 01:24:40,554 --> 01:24:42,144 I'm just saying, just think 2872 01:24:42,144 --> 01:24:43,740 about that creativity in terms 2873 01:24:43,740 --> 01:24:45,840 of your your recipe and if you 2874 01:24:45,900 --> 01:24:48,000 want to protect it through a copyright 2875 01:24:48,000 --> 01:24:50,760 and how you might be able to do that, 2876 01:24:50,760 --> 01:24:52,536 because traditionally you cannot. 2877 01:24:52,536 --> 01:24:54,455 Keep in mind, however, 2878 01:24:54,455 --> 01:24:57,380 one one very important important thing. 2879 01:24:57,380 --> 01:24:59,550 If you are trying to protect a 2880 01:24:59,550 --> 01:25:01,179 recipe by copyright because you 2881 01:25:01,179 --> 01:25:03,398 don't want anyone else to make it, 2882 01:25:03,400 --> 01:25:05,444 that is not going to work, OK. 2883 01:25:05,444 --> 01:25:07,065 Because you are then telling 2884 01:25:07,065 --> 01:25:09,105 people how to make the thing. 2885 01:25:09,110 --> 01:25:10,790 If you are thinking that, "If 2886 01:25:10,790 --> 01:25:12,600 I registered as a copyright, 2887 01:25:12,600 --> 01:25:14,785 no one else can make it?" Nope, 2888 01:25:14,785 --> 01:25:16,780 not going to happen, right, because you 2889 01:25:16,780 --> 01:25:18,102 were then essentially advertising 2890 01:25:18,102 --> 01:25:20,196 how to make the thing, right. 2891 01:25:20,200 --> 01:25:22,433 So the only thing that you'd be 2892 01:25:22,433 --> 01:25:24,381 protecting by copyright is your artistic 2893 01:25:24,381 --> 01:25:26,537 expression of how to make the thing, 2894 01:25:26,540 --> 01:25:27,494 not the steps 2895 01:25:27,494 --> 01:25:29,084 for making the thing itself. 2896 01:25:29,090 --> 01:25:31,043 If you want to protect the way 2897 01:25:31,043 --> 01:25:33,195 that you make the the thing itself 2898 01:25:33,195 --> 01:25:35,320 so that nobody else can make it, 2899 01:25:35,320 --> 01:25:37,102 well that's going to be a 2900 01:25:37,102 --> 01:25:37,993 little bit different, 2901 01:25:38,000 --> 01:25:39,862 and we're going to talk about that 2902 01:25:39,862 --> 01:25:41,859 when we talk about trade secrets. 2903 01:25:41,860 --> 01:25:43,044 OK, so recipes, no, 2904 01:25:43,044 --> 01:25:44,524 not traditionally protectable by copyright. 2905 01:25:44,530 --> 01:25:46,306 So with regard to your restaurant, 2906 01:25:46,310 --> 01:25:48,086 what would be protectable through copyright? 2907 01:25:48,090 --> 01:25:48,387 Well, 2908 01:25:48,387 --> 01:25:50,763 maybe the way that you've designed your menu. 2909 01:25:50,770 --> 01:25:52,255 Maybe there's an artistic way 2910 01:25:52,255 --> 01:25:53,740 that you've done it, right. 2911 01:25:53,740 --> 01:25:55,135 You've got these various design 2912 01:25:55,135 --> 01:25:56,530 things that. So we're talking 2913 01:25:56,582 --> 01:25:57,978 about the visual presentation 2914 01:25:57,980 --> 01:25:59,888 itself. Maybe there's leaves and branches, 2915 01:25:59,890 --> 01:26:02,274 or it's this a cupcake and layered cake 2916 01:26:02,274 --> 01:26:04,358 thing that you've that you've made. 2917 01:26:04,360 --> 01:26:04,684 Yeah, 2918 01:26:04,684 --> 01:26:06,952 that sort of stuff that can be 2919 01:26:06,952 --> 01:26:08,919 protectable through a copyright, but but 2920 01:26:08,919 --> 01:26:11,380 keep in mind you're not protecting the menu, 2921 01:26:11,380 --> 01:26:11,707 right? 2922 01:26:11,707 --> 01:26:13,996 You're not protecting the listings of the 2923 01:26:13,996 --> 01:26:16,794 of the foods and drinks that are on there. 2924 01:26:16,800 --> 01:26:17,754 You're protecting the 2925 01:26:17,754 --> 01:26:19,344 overall design of the menu, 2926 01:26:19,350 --> 01:26:21,590 not the specific things on there themselves. 2927 01:26:21,590 --> 01:26:23,536 If you want to protect the specific 2928 01:26:23,536 --> 01:26:25,728 name of a particular food dish, 2929 01:26:25,730 --> 01:26:28,010 how do we do that? 2930 01:26:28,010 --> 01:26:28,874 Through trademark registration, 2931 01:26:28,874 --> 01:26:29,450 that's right. 2932 01:26:29,450 --> 01:26:31,482 So if Big Mac was on your menu 2933 01:26:31,482 --> 01:26:33,460 and you want to protect that, 2934 01:26:33,460 --> 01:26:35,469 it would not be through a copyright, 2935 01:26:35,470 --> 01:26:38,046 you would protect the brand name of the 2936 01:26:38,046 --> 01:26:40,188 sandwich through a trademark registration. 2937 01:26:40,190 --> 01:26:41,750 Websites also protectable through copyright. 2938 01:26:41,750 --> 01:26:42,994 OK, very much so. 2939 01:26:42,994 --> 01:26:45,170 So if you have a website, yeah, 2940 01:26:45,170 --> 01:26:47,340 by all means you can slap that, 2941 01:26:47,340 --> 01:26:49,517 you know, copyright symbol on there, right. 2942 01:26:49,520 --> 01:26:51,386 You might want to register it 2943 01:26:51,386 --> 01:26:52,630 through the Copyright Office, 2944 01:26:52,630 --> 01:26:54,265 and it's incredibly important because 2945 01:26:54,265 --> 01:26:56,525 a lot of people misunderstand and they 2946 01:26:56,525 --> 01:26:58,534 think that just because something is online, 2947 01:26:58,540 --> 01:27:00,717 it means that it's free and open, 2948 01:27:00,720 --> 01:27:01,960 and it's public domain. 2949 01:27:01,960 --> 01:27:03,828 Not true, not true at all. 2950 01:27:03,828 --> 01:27:04,140 OK? 2951 01:27:04,140 --> 01:27:06,508 So if you are the owner of a 2952 01:27:06,508 --> 01:27:08,490 restaurant and you have a website, 2953 01:27:08,490 --> 01:27:10,050 you can protect your ribs, 2954 01:27:10,050 --> 01:27:10,678 restaurants, website 2955 01:27:10,678 --> 01:27:11,934 by copyright and 2956 01:27:11,934 --> 01:27:12,876 that's incredibly important 2957 01:27:12,880 --> 01:27:14,644 if somebody comes along and tries 2958 01:27:14,644 --> 01:27:16,689 to copy yours and like you know, 2959 01:27:16,690 --> 01:27:17,834 it's, uh, also there. 2960 01:27:17,834 --> 01:27:19,910 They've got a similar restaurant to yours, 2961 01:27:19,910 --> 01:27:22,254 and their website is really similar to yours. 2962 01:27:22,260 --> 01:27:24,304 Yeah, well, that could be a problem, 2963 01:27:24,310 --> 01:27:25,478 and they might have 2964 01:27:25,478 --> 01:27:26,646 infringed on your copyright. 2965 01:27:26,650 --> 01:27:28,994 OK, so something to keep in mind. Now, 2966 01:27:29,000 --> 01:27:30,746 as I mentioned with regard to plating. 2967 01:27:30,750 --> 01:27:32,454 Maybe predictable as trade dress, 2968 01:27:32,454 --> 01:27:34,269 maybe protectable as a copyright. 2969 01:27:34,270 --> 01:27:36,028 It's really unclear there haven't been, 2970 01:27:36,030 --> 01:27:37,788 at least to my knowledge anyway, 2971 01:27:37,790 --> 01:27:40,126 if somebody knows one, please let me know, 2972 01:27:40,130 --> 01:27:41,750 there are no court cases 2973 01:27:41,750 --> 01:27:44,130 that say that plated foods are protectable 2974 01:27:44,130 --> 01:27:46,170 through copyright, and the question is, 2975 01:27:46,170 --> 01:27:47,870 are they really fixed, right? 2976 01:27:47,870 --> 01:27:49,570 If we think about oh, 2977 01:27:49,570 --> 01:27:51,950 I sang a song and recorded it. 2978 01:27:51,950 --> 01:27:53,650 That's fixed in a medium. 2979 01:27:53,650 --> 01:27:56,260 I wrote a poem and I and I and 2980 01:27:56,260 --> 01:27:59,090 I typed it up on my computer. 2981 01:27:59,090 --> 01:27:59,770 It's fixed. 2982 01:27:59,770 --> 01:28:01,810 Just putting something on a plate. 2983 01:28:01,810 --> 01:28:03,170 Is that really fixed? 2984 01:28:03,170 --> 01:28:05,210 Because then it then gets eaten. 2985 01:28:05,210 --> 01:28:07,250 Yeah, it's an open question, right? 2986 01:28:07,250 --> 01:28:09,630 So it's something to think about anyway. 2987 01:28:09,630 --> 01:28:11,370 No really good answer here 2988 01:28:11,370 --> 01:28:12,414 about whether plating 2989 01:28:12,420 --> 01:28:14,364 is sufficiently fixed in which you 2990 01:28:14,364 --> 01:28:16,349 could protect it through a copyright. 2991 01:28:16,350 --> 01:28:17,529 Architecture is protectable 2992 01:28:17,529 --> 01:28:19,887 through copyright, but keep in mind 2993 01:28:19,887 --> 01:28:22,166 the rights belong to the original 2994 01:28:22,166 --> 01:28:23,986 designer or the architect, right? 2995 01:28:23,990 --> 01:28:27,077 Even though you hired them to design 2996 01:28:27,077 --> 01:28:29,270 your restaurant for you, those 2997 01:28:29,270 --> 01:28:31,685 designs for the architecture belong 2998 01:28:31,685 --> 01:28:34,840 to the architect, him or herself. 2999 01:28:34,840 --> 01:28:36,048 OK, if you want 3000 01:28:36,048 --> 01:28:37,860 those rights, you need to insist 3001 01:28:37,924 --> 01:28:39,772 on language in the contract that 3002 01:28:39,772 --> 01:28:41,800 says that all of the intellectual 3003 01:28:41,800 --> 01:28:43,990 property with regard to that are 3004 01:28:43,990 --> 01:28:46,376 going to be assigned to you. 3005 01:28:46,376 --> 01:28:46,790 OK, 3006 01:28:46,790 --> 01:28:48,414 so that's going to have to be 3007 01:28:48,414 --> 01:28:49,961 a separate thing that's in the 3008 01:28:49,961 --> 01:28:51,286 contract itself. Is going to 3009 01:28:51,290 --> 01:28:52,977 we're going to write that into the 3010 01:28:52,977 --> 01:28:54,597 contract to make sure that you are 3011 01:28:54,597 --> 01:28:56,540 going to have rights in the architecture. 3012 01:28:56,540 --> 01:28:57,790 And why is that important? 3013 01:28:57,790 --> 01:28:59,645 Because let's say you decide to move 3014 01:28:59,645 --> 01:29:01,454 from the place you're in your place 3015 01:29:01,454 --> 01:29:03,180 got too small because you had too 3016 01:29:03,180 --> 01:29:04,818 many people and you want to use 3017 01:29:04,818 --> 01:29:06,040 that same sort of architectural 3018 01:29:06,040 --> 01:29:07,290 design in the newer place. 3019 01:29:07,290 --> 01:29:09,040 Well, guess what. That architect be like, 3020 01:29:09,040 --> 01:29:09,516 "No, sorry, 3021 01:29:09,516 --> 01:29:11,790 you only had it with regard to this place. 3022 01:29:11,790 --> 01:29:13,540 If you want in a bigger place, 3023 01:29:13,540 --> 01:29:13,793 well, 3024 01:29:13,793 --> 01:29:15,564 you're going to have to pay some 3025 01:29:15,564 --> 01:29:17,158 more money in order to license 3026 01:29:17,160 --> 01:29:18,918 from me." Or something like that. 3027 01:29:18,920 --> 01:29:20,964 Or let's say that you begin to 3028 01:29:20,964 --> 01:29:22,760 franchise right and all of a 3029 01:29:22,760 --> 01:29:23,896 sudden you're opening up, 3030 01:29:23,900 --> 01:29:25,944 you know, Jason's BBQ or Jason's Bakery, 3031 01:29:25,950 --> 01:29:27,708 Whatever our example is. Like in places 3032 01:29:27,708 --> 01:29:29,119 all around the country, right? 3033 01:29:29,119 --> 01:29:31,031 And so you want to have that exact 3034 01:29:31,031 --> 01:29:32,995 same architecture because you want to 3035 01:29:32,995 --> 01:29:35,030 have it protected through trade dress. 3036 01:29:35,030 --> 01:29:36,788 Because every time somebody walks into 3037 01:29:36,788 --> 01:29:38,256 a Jason's BBQ, they're like, "Man. 3038 01:29:38,256 --> 01:29:40,304 I know I'm in a Jason's BBQ." Right? 3039 01:29:40,304 --> 01:29:41,772 And I can tell, right? 3040 01:29:41,772 --> 01:29:43,816 So you want to have the rights 3041 01:29:43,816 --> 01:29:45,578 to that so you can build 3042 01:29:45,580 --> 01:29:47,488 you can have over. Your franchisees 3043 01:29:47,490 --> 01:29:49,919 can build anyway all of these other 3044 01:29:49,919 --> 01:29:50,960 Jason's BBQ restaurants 3045 01:29:51,020 --> 01:29:52,248 all around the country. 3046 01:29:52,250 --> 01:29:54,464 And so having those rights means 3047 01:29:54,464 --> 01:29:56,339 that those franchisees don't have 3048 01:29:56,339 --> 01:29:58,004 to worry about the architect 3049 01:29:58,004 --> 01:30:00,318 coming after them and suing them 3050 01:30:00,318 --> 01:30:01,698 for copyright infringement. 3051 01:30:01,700 --> 01:30:02,996 Right? Oh, and the other thing 3052 01:30:02,996 --> 01:30:04,877 too is that if you own the exclusive 3053 01:30:04,877 --> 01:30:06,165 rights to that architecture, 3054 01:30:06,170 --> 01:30:07,490 it's been assigned to you, 3055 01:30:07,490 --> 01:30:09,812 that means that that designer is not going to 3056 01:30:09,812 --> 01:30:12,220 be, that architect is not going to be like, 3057 01:30:12,220 --> 01:30:14,316 "Hey, I've got an idea for a restaurant, 3058 01:30:14,320 --> 01:30:16,168 you know, competitor." Right? And we're like, 3059 01:30:16,170 --> 01:30:18,095 "Hey, we've got this idea for a 3060 01:30:18,095 --> 01:30:20,107 restaurant that has golden arches in it. 3061 01:30:20,110 --> 01:30:22,206 Would you be interested in?" So 3062 01:30:22,210 --> 01:30:24,352 so that's going to prevent that 3063 01:30:24,352 --> 01:30:25,778 from happening. A big one, 3064 01:30:25,778 --> 01:30:28,183 as we move on, is music in restaurants and 3065 01:30:28,183 --> 01:30:31,639 this is a question that does come up a lot 3066 01:30:31,639 --> 01:30:33,935 and again remember I'm a trademark guy, 3067 01:30:33,940 --> 01:30:36,089 right? I'm not necessarily a copyright guy. 3068 01:30:36,090 --> 01:30:39,150 I know I, I know enough to be dangerous, 3069 01:30:39,150 --> 01:30:41,508 but just keep in mind, so I can't answer 3070 01:30:41,508 --> 01:30:44,036 like really in depth questions about this, 3071 01:30:44,040 --> 01:30:46,479 OK, I just want I just want to put 3072 01:30:46,479 --> 01:30:48,627 that sort of warning out there. 3073 01:30:48,630 --> 01:30:50,846 But with regard to copyright. So when you 3074 01:30:50,846 --> 01:30:52,299 register something through copyright, 3075 01:30:52,300 --> 01:30:53,875 you essentially are being given 3076 01:30:53,875 --> 01:30:55,135 or creating a bundle 3077 01:30:55,140 --> 01:30:57,590 of rights. They often talk about it, 3078 01:30:57,590 --> 01:30:59,564 you know, the the sticks, a bundle 3079 01:30:59,564 --> 01:31:01,790 of sticks of copyright protection. 3080 01:31:01,790 --> 01:31:04,574 And what that includes is, if you create 3081 01:31:04,574 --> 01:31:06,851 something that means that no one else 3082 01:31:06,851 --> 01:31:09,140 can copy it without your permission. 3083 01:31:09,140 --> 01:31:10,890 Nobody else can distribute it 3084 01:31:10,890 --> 01:31:11,940 without your permission. 3085 01:31:11,940 --> 01:31:13,690 And the big thing is, 3086 01:31:13,690 --> 01:31:15,440 no one can publicly perform 3087 01:31:15,440 --> 01:31:16,840 it without your permission. 3088 01:31:16,840 --> 01:31:19,290 So let's say that you're a singer 3089 01:31:19,290 --> 01:31:19,640 songwriter, 3090 01:31:19,640 --> 01:31:19,990 right, 3091 01:31:19,990 --> 01:31:22,440 and you've created some some new music, 3092 01:31:22,440 --> 01:31:24,190 and you've recorded it. Well, 3093 01:31:24,190 --> 01:31:26,356 it becomes a really popular song. 3094 01:31:26,360 --> 01:31:27,968 And everybody wants to play it. 3095 01:31:27,970 --> 01:31:30,510 If you're a restaurant, 3096 01:31:30,510 --> 01:31:32,215 without any without any other 3097 01:31:32,215 --> 01:31:33,920 licensing and things like that, 3098 01:31:33,920 --> 01:31:36,307 you are not allowed to play publicly, 3099 01:31:36,310 --> 01:31:38,662 you know, that that song that this 3100 01:31:38,662 --> 01:31:41,318 singer songwriter has come up with, in your 3101 01:31:41,318 --> 01:31:43,293 restaurant without authorization. That is 3102 01:31:43,293 --> 01:31:45,466 considered a type of public performance. 3103 01:31:45,470 --> 01:31:47,504 So I guess the way to think about it 3104 01:31:47,504 --> 01:31:49,879 is like let's say that there is like 3105 01:31:49,880 --> 01:31:51,455 you put together a playlist and you've 3106 01:31:51,455 --> 01:31:53,309 got your little backyard barbecue going on. 3107 01:31:53,310 --> 01:31:55,070 You've got a couple of friends over to 3108 01:31:55,070 --> 01:31:56,987 hang out and or you're watching the game, 3109 01:31:56,990 --> 01:31:58,210 whatever it happens to be. 3110 01:31:58,210 --> 01:31:59,680 You can play your playlist among 3111 01:31:59,680 --> 01:32:00,660 your among your friends, 3112 01:32:00,660 --> 01:32:01,890 you know, 'cause it's private. 3113 01:32:01,890 --> 01:32:03,500 But if you take that same playlist 3114 01:32:03,500 --> 01:32:05,298 and you take it into your restaurant 3115 01:32:05,298 --> 01:32:07,397 or you taking into your bar or you 3116 01:32:07,397 --> 01:32:09,007 plug it into the speaker that you've 3117 01:32:09,007 --> 01:32:10,892 got hanging on your food truck and you 3118 01:32:10,892 --> 01:32:12,419 start blasting it out to everybody 3119 01:32:12,420 --> 01:32:14,625 that's in the park that you pulled up into. 3120 01:32:14,630 --> 01:32:14,952 Well, 3121 01:32:14,952 --> 01:32:15,596 that's considered 3122 01:32:15,596 --> 01:32:17,206 a type of public performance. 3123 01:32:17,210 --> 01:32:19,286 And so you are publicly performing 3124 01:32:19,286 --> 01:32:20,670 those songs without permission. 3125 01:32:20,670 --> 01:32:23,211 So that is a potential copyright infringement 3126 01:32:23,211 --> 01:32:25,508 that you could get in trouble for 3127 01:32:25,510 --> 01:32:27,586 and it could be incredibly expensive. 3128 01:32:27,590 --> 01:32:29,837 So the way to avoid infringement is 3129 01:32:29,837 --> 01:32:32,779 to is to pay for an annual license. 3130 01:32:32,780 --> 01:32:35,202 Now there are lots of different music 3131 01:32:35,202 --> 01:32:36,240 performing rights organizations. 3132 01:32:36,240 --> 01:32:38,658 They're called PROs. 3133 01:32:38,660 --> 01:32:40,430 The BMI, ASCAP, SESAC, GMR. 3134 01:32:40,430 --> 01:32:42,635 Those are sort of like the four 3135 01:32:42,635 --> 01:32:45,084 main top ones anyway. If you want 3136 01:32:45,084 --> 01:32:47,226 to play music in your restaurant 3137 01:32:47,303 --> 01:32:49,158 then technically you would want 3138 01:32:49,158 --> 01:32:51,526 to make sure you have a license 3139 01:32:51,526 --> 01:32:53,550 from the from one or all of the 3140 01:32:53,619 --> 01:32:55,599 performing rights organizations. 3141 01:32:55,600 --> 01:32:58,777 If if for example with regard to the 3142 01:32:58,780 --> 01:33:01,034 direct license, you could get a direct 3143 01:33:01,034 --> 01:33:03,019 license from the copyright owner 3144 01:33:03,020 --> 01:33:06,282 if you happen to know where they 3145 01:33:06,282 --> 01:33:09,870 are. Right? Like. Or you happen to, say 3146 01:33:09,870 --> 01:33:11,442 let's say that in addition to 3147 01:33:11,442 --> 01:33:12,490 being a restaurant owner, 3148 01:33:12,490 --> 01:33:14,056 you're also like this awesome guitarist, 3149 01:33:14,060 --> 01:33:14,327 right? 3150 01:33:14,327 --> 01:33:16,463 And and singer and and you know that 3151 01:33:16,463 --> 01:33:18,266 you're going to be putting on a 3152 01:33:18,266 --> 01:33:20,088 show and you're going to be playing 3153 01:33:20,088 --> 01:33:21,921 all the songs of Kenny Rogers, right? 3154 01:33:21,921 --> 01:33:23,226 OK, and so you're like 3155 01:33:23,230 --> 01:33:25,273 "Oh, what I'm going to do is I'm going 3156 01:33:25,273 --> 01:33:27,428 to get a license from Kenny Rogers in 3157 01:33:27,428 --> 01:33:29,690 order to do all of my Kenny Rogers 3158 01:33:29,690 --> 01:33:31,328 songs or his Kenny Rogers songs. 3159 01:33:31,328 --> 01:33:32,994 And I'm going to perform." So you 3160 01:33:32,994 --> 01:33:34,239 could do that, publicly 3161 01:33:34,240 --> 01:33:36,956 perform them, if you had a license 3162 01:33:36,956 --> 01:33:38,650 from the copyright owner. 3163 01:33:38,650 --> 01:33:41,070 Or if you were going to hire a band to 3164 01:33:41,138 --> 01:33:43,829 come and play at your bar or at your 3165 01:33:43,829 --> 01:33:46,364 restaurant or in the coffee shop or whatever 3166 01:33:46,370 --> 01:33:48,204 it happens to be. If they're playing 3167 01:33:48,204 --> 01:33:50,089 all of their own original music, 3168 01:33:50,090 --> 01:33:50,945 OK, no covers, 3169 01:33:50,945 --> 01:33:52,655 you know, no "Brown Eyed Girl," 3170 01:33:52,660 --> 01:33:54,376 no "Sweet Caroline," nothing like that, 3171 01:33:54,380 --> 01:33:55,810 they're playing their own stuff. 3172 01:33:55,810 --> 01:33:58,082 Then you could get a license from them 3173 01:33:58,082 --> 01:34:00,388 because they are the owners of those songs. 3174 01:34:00,390 --> 01:34:04,000 So those are some of the main ways to avoid 3175 01:34:04,000 --> 01:34:05,412 a a a copyright infringement. 3176 01:34:05,412 --> 01:34:06,118 Another is, 3177 01:34:06,120 --> 01:34:08,880 if you're if someone is going to be 3178 01:34:08,880 --> 01:34:11,078 playing live music in your venue, 3179 01:34:11,080 --> 01:34:13,204 make sure the live music is 3180 01:34:13,204 --> 01:34:14,620 in the public domain. 3181 01:34:14,620 --> 01:34:14,946 OK, 3182 01:34:14,946 --> 01:34:16,902 so it's stuff that nobody else 3183 01:34:16,902 --> 01:34:18,714 has the copyright to, right? 3184 01:34:18,714 --> 01:34:20,639 Because the copyright has expired. 3185 01:34:20,640 --> 01:34:22,758 You know, maybe it's you know, 3186 01:34:22,760 --> 01:34:25,301 I think 1924 I think is where 3187 01:34:25,301 --> 01:34:27,137 they said anything before 1924 3188 01:34:27,137 --> 01:34:29,489 I think is what it just was. 3189 01:34:29,490 --> 01:34:30,786 It would be available. 3190 01:34:30,786 --> 01:34:32,730 Just keep in mind that sometimes 3191 01:34:32,793 --> 01:34:34,149 arrangements of famous 3192 01:34:34,150 --> 01:34:35,910 songs are protected by copyright, 3193 01:34:35,910 --> 01:34:37,878 so even though Beethoven's "Ode to 3194 01:34:37,878 --> 01:34:40,469 Joy" might be in the public domain, 3195 01:34:40,470 --> 01:34:42,552 you know newer versions of "Ode 3196 01:34:42,552 --> 01:34:44,679 to Joy" might not be, right, 3197 01:34:44,680 --> 01:34:47,839 because somebody has arranged it in a new way, 3198 01:34:47,840 --> 01:34:49,740 so that's that's something 3199 01:34:49,740 --> 01:34:52,115 you have to lookout for. 3200 01:34:52,120 --> 01:34:52,395 Uhm, 3201 01:34:52,395 --> 01:34:53,770 Another thing too is 3202 01:34:53,770 --> 01:34:55,793 maybe if your if your employees come 3203 01:34:55,793 --> 01:34:58,169 up with music as part of your, like, "Hey, 3204 01:34:58,170 --> 01:34:59,892 you know what we're going to have 3205 01:34:59,892 --> 01:35:01,629 a restaurant band and and so 3206 01:35:01,629 --> 01:35:03,045 as employees you're going to be 3207 01:35:03,100 --> 01:35:04,760 like writing music and performing 3208 01:35:04,760 --> 01:35:06,420 and singing and performing music 3209 01:35:06,420 --> 01:35:07,800 for us and stuff right?" 3210 01:35:07,800 --> 01:35:08,924 So that's a possibility right? 3211 01:35:08,924 --> 01:35:10,920 If you make the restaurant the copyright 3212 01:35:10,920 --> 01:35:12,719 owner of the stuff that you create 3213 01:35:12,719 --> 01:35:14,666 with your employees as you create this, 3214 01:35:14,670 --> 01:35:15,995 this band that performs only 3215 01:35:15,995 --> 01:35:17,320 in your restaurant or so 3216 01:35:17,370 --> 01:35:19,345 or something like that. It doesn't have 3217 01:35:19,345 --> 01:35:21,257 to be only in your restaurant, but 3218 01:35:21,257 --> 01:35:24,099 but but that could be a way if the restaurant 3219 01:35:24,099 --> 01:35:26,865 is involved in the copyright creation. 3220 01:35:26,870 --> 01:35:28,790 So, so those are some of the main 3221 01:35:28,790 --> 01:35:31,029 ways to avoid copyright infringement, 3222 01:35:31,030 --> 01:35:32,310 and so really it's 3223 01:35:32,310 --> 01:35:33,590 it's getting a license, 3224 01:35:33,590 --> 01:35:36,470 OK, in order to play the music in your 3225 01:35:36,470 --> 01:35:37,993 restaurant. That's incredibly important. 3226 01:35:37,993 --> 01:35:40,306 So I'm going to hit patents very quickly, right? 3227 01:35:40,306 --> 01:35:42,145 We remember what patents are, right? 3228 01:35:42,145 --> 01:35:43,670 We're talking about design patents. 3229 01:35:43,670 --> 01:35:45,200 We're talking about utility patents. 3230 01:35:45,200 --> 01:35:47,335 So with regard to a design patent, 3231 01:35:47,340 --> 01:35:49,485 this is possible protection for food, right? 3232 01:35:49,485 --> 01:35:51,315 For what the food looks like. 3233 01:35:51,320 --> 01:35:53,528 So we're talking about how the food is 3234 01:35:53,528 --> 01:35:55,608 displayed or the shape or configuration. 3235 01:35:55,610 --> 01:35:57,140 As you can see here, 3236 01:35:57,140 --> 01:35:59,275 the protection is limited to 15 years, 3237 01:35:59,280 --> 01:36:00,984 but the 15 years comes from 3238 01:36:00,984 --> 01:36:02,640 the grant of the patent. 3239 01:36:02,640 --> 01:36:04,789 OK, so if the USPTO says, "Yes, 3240 01:36:04,790 --> 01:36:06,320 here is your design patent." 3241 01:36:06,320 --> 01:36:09,280 Great. 15 years begins from when you get 3242 01:36:09,280 --> 01:36:11,188 went from which from the time 3243 01:36:11,188 --> 01:36:13,010 of which you were issued, 3244 01:36:13,010 --> 01:36:15,020 or granted that patent. Just a 3245 01:36:15,020 --> 01:36:16,740 couple of quick examples here. 3246 01:36:16,740 --> 01:36:19,106 This is protected by a design patent. 3247 01:36:19,110 --> 01:36:22,500 This is kind of a plating, I guess, of shrimp, 3248 01:36:22,500 --> 01:36:25,542 right? So this is a serving tray with shrimp. 3249 01:36:25,550 --> 01:36:27,250 As you can see here, 3250 01:36:27,250 --> 01:36:29,290 the shrimp are sort of like 3251 01:36:29,290 --> 01:36:30,980 layered in that particular way. 3252 01:36:30,980 --> 01:36:34,229 So this is protected through a design, or was 3253 01:36:34,229 --> 01:36:37,078 anyway, protected through a design patent. 3254 01:36:37,080 --> 01:36:38,124 Same thing here. 3255 01:36:38,124 --> 01:36:39,516 This is a pretzel, 3256 01:36:39,520 --> 01:36:42,840 a peace symbol pretzel. 3257 01:36:42,840 --> 01:36:44,863 And so that's also was also protected 3258 01:36:44,863 --> 01:36:46,600 by through a design patent. 3259 01:36:46,600 --> 01:36:48,160 And keep in mind, though, 3260 01:36:48,160 --> 01:36:50,038 we're talking about shapes of things, 3261 01:36:50,040 --> 01:36:51,918 doesn't that kind of sound familiar? 3262 01:36:51,920 --> 01:36:54,280 Doesn't it sort of remind you of trademark 3263 01:36:54,280 --> 01:36:55,989 configurations and trademark trade dress? 3264 01:36:55,990 --> 01:36:58,480 Yeah, and that's because they 3265 01:36:58,480 --> 01:36:59,974 are incredibly similar. 3266 01:36:59,980 --> 01:37:01,891 Ways to think about it, is you're 3267 01:37:01,891 --> 01:37:03,720 protecting the sort of non-functional, 3268 01:37:03,720 --> 01:37:04,872 distinctive things that when 3269 01:37:04,872 --> 01:37:06,312 somebody sees that they're like, 3270 01:37:06,320 --> 01:37:07,760 "I know who that is. 3271 01:37:07,760 --> 01:37:09,488 I know what that is." Right? 3272 01:37:09,488 --> 01:37:10,928 So think about Pepperidge Farms 3273 01:37:10,928 --> 01:37:12,360 goldfish or the Hershey's Kiss 3274 01:37:12,360 --> 01:37:13,800 or a Bugles corn snack. 3275 01:37:13,800 --> 01:37:15,808 Those are all sorts of things that I 3276 01:37:15,808 --> 01:37:17,839 believe are protected by design patent, 3277 01:37:17,840 --> 01:37:18,530 but also, 3278 01:37:18,530 --> 01:37:20,600 or at least are three dimensional 3279 01:37:20,600 --> 01:37:21,700 trademark configurations anyway. 3280 01:37:21,700 --> 01:37:23,394 So I will leave you with this 3281 01:37:23,394 --> 01:37:24,999 with regard to design patents. 3282 01:37:25,000 --> 01:37:26,488 A design patent last 15 years 3283 01:37:26,488 --> 01:37:28,030 from the date of issuance. 3284 01:37:28,030 --> 01:37:30,505 How long does a trademark 3285 01:37:30,505 --> 01:37:31,495 registration last? 3286 01:37:31,500 --> 01:37:32,048 Potentially forever, 3287 01:37:32,048 --> 01:37:33,966 so long as you continue to use 3288 01:37:33,966 --> 01:37:35,443 your trademark in commerce and 3289 01:37:35,443 --> 01:37:37,171 file the documents when they are 3290 01:37:37,180 --> 01:37:38,316 due, your trademark registration 3291 01:37:38,316 --> 01:37:39,168 could last forever. 3292 01:37:39,170 --> 01:37:42,010 So it's going to be up to you to decide. 3293 01:37:42,010 --> 01:37:43,620 Do you want to spend the time 3294 01:37:43,620 --> 01:37:45,365 and effort in order to protect 3295 01:37:45,365 --> 01:37:47,025 yourself through a design patent 3296 01:37:47,025 --> 01:37:48,820 of something that lasts 15 years, 3297 01:37:48,820 --> 01:37:50,782 or do you want to put the time and 3298 01:37:50,782 --> 01:37:52,534 effort into protecting something as 3299 01:37:52,534 --> 01:37:54,374 a trademark which could potentially 3300 01:37:54,374 --> 01:37:55,919 last for a very long time? 3301 01:37:55,920 --> 01:37:57,340 It's up to you, OK, 3302 01:37:57,340 --> 01:37:58,476 I'll leave with that. 3303 01:37:58,476 --> 01:37:59,896 So that's with design patents. 3304 01:37:59,900 --> 01:38:01,320 So what about utility patents? 3305 01:38:01,320 --> 01:38:02,840 Those don't just don't come 3306 01:38:02,840 --> 01:38:05,464 into play as much with regard to food, 3307 01:38:05,470 --> 01:38:07,120 but there's possible protection for 3308 01:38:07,120 --> 01:38:08,776 like food inventions, and techniques. 3309 01:38:08,776 --> 01:38:11,100 So a new way or a unique 3310 01:38:11,173 --> 01:38:12,708 way of preparing a dish. 3311 01:38:12,710 --> 01:38:14,738 So maybe it's using molecular gastronomy 3312 01:38:14,738 --> 01:38:17,011 to combine foods in some way, right? 3313 01:38:17,011 --> 01:38:19,468 Yeah, that that could be something you 3314 01:38:19,468 --> 01:38:21,078 could potentially protect through a 3315 01:38:21,078 --> 01:38:23,570 patent, if it's new, useful, and non-obvious. 3316 01:38:23,570 --> 01:38:25,460 As you can see, your protection 3317 01:38:25,460 --> 01:38:27,190 is limited to 20 years, 3318 01:38:27,190 --> 01:38:29,814 but this is different from a design patent. 3319 01:38:29,820 --> 01:38:31,866 So a utility patent is 20 3320 01:38:31,866 --> 01:38:33,230 years from the effective 3321 01:38:33,230 --> 01:38:34,620 filing date of the patent. 3322 01:38:34,620 --> 01:38:35,760 Not when it's granted, 3323 01:38:35,760 --> 01:38:37,185 but from the effective filing 3324 01:38:37,185 --> 01:38:38,467 date of the patent, right? 3325 01:38:38,467 --> 01:38:40,443 So keep in mind that the the calculation 3326 01:38:40,443 --> 01:38:42,248 is a little bit different, done 3327 01:38:42,248 --> 01:38:43,753 a little bit differently there. 3328 01:38:43,760 --> 01:38:45,350 But you could get protection for 3329 01:38:45,350 --> 01:38:47,079 various things that are food related, 3330 01:38:47,080 --> 01:38:49,420 like, you know, 3331 01:38:49,420 --> 01:38:51,250 here we go. Chef, 3332 01:38:51,250 --> 01:38:53,637 Contu of Moto is famous for for 3333 01:38:53,637 --> 01:38:55,506 being granted patents for edible 3334 01:38:55,506 --> 01:38:57,816 paper that taste like cotton candy. 3335 01:38:57,820 --> 01:38:59,640 A fork and corkscrew combination. 3336 01:38:59,640 --> 01:39:02,265 A utensil size device that turns into a 3337 01:39:02,265 --> 01:39:05,480 plate at the push of a button. A fork, 3338 01:39:05,480 --> 01:39:07,474 spoon, knife combination utensil, right? 3339 01:39:07,474 --> 01:39:11,746 So so there are lots of things where, 3340 01:39:11,750 --> 01:39:13,661 you know, people who are very inventive 3341 01:39:13,661 --> 01:39:16,177 can come up with new ways of doing things, 3342 01:39:16,180 --> 01:39:17,565 and something could be protected 3343 01:39:17,565 --> 01:39:18,673 through a utility patent. 3344 01:39:18,680 --> 01:39:19,810 So obviously you're going to 3345 01:39:19,810 --> 01:39:21,697 want to talk to a patent attorney 3346 01:39:21,697 --> 01:39:23,105 for information about this, 3347 01:39:23,110 --> 01:39:24,490 because before you get into 3348 01:39:24,490 --> 01:39:25,318 the patent process. 3349 01:39:25,320 --> 01:39:27,078 So the patent attorney is going 3350 01:39:27,078 --> 01:39:29,420 to be a really great resource for 3351 01:39:29,420 --> 01:39:31,628 you and helping you through that. 3352 01:39:31,630 --> 01:39:33,070 With regard to recipes, yeah, 3353 01:39:33,070 --> 01:39:35,358 it might be possible to patent a recipe, 3354 01:39:35,360 --> 01:39:37,632 but it might be a little bit difficult 3355 01:39:37,632 --> 01:39:39,679 because in order to be patentable it 3356 01:39:39,679 --> 01:39:41,690 must be new, useful and non-obvious. 3357 01:39:41,690 --> 01:39:43,140 So combining ingredients to create 3358 01:39:43,140 --> 01:39:44,549 something that's new or unexpected, 3359 01:39:44,550 --> 01:39:46,545 it's going to be kind of tough, 3360 01:39:46,550 --> 01:39:46,790 right? 3361 01:39:46,790 --> 01:39:48,950 So if you put in more sugar into something 3362 01:39:48,999 --> 01:39:50,859 that doesn't traditionally have sugar, 3363 01:39:50,860 --> 01:39:52,290 that might be not obvious, 3364 01:39:52,290 --> 01:39:54,720 but but it's also going to get sweeter and 3365 01:39:54,720 --> 01:39:57,459 you sort of know that that's going to happen. 3366 01:39:57,460 --> 01:39:59,176 So is that really non-obvious, 3367 01:39:59,180 --> 01:39:59,482 right? 3368 01:39:59,482 --> 01:40:01,898 So so we sort of an open question 3369 01:40:01,900 --> 01:40:03,788 whether you could protect 3370 01:40:03,788 --> 01:40:05,204 something through patents. 3371 01:40:05,210 --> 01:40:07,100 It typically does not result in 3372 01:40:07,100 --> 01:40:08,045 something that's patentable, 3373 01:40:08,050 --> 01:40:09,940 but something to keep in mind. 3374 01:40:09,940 --> 01:40:11,515 And also remember that protection 3375 01:40:11,515 --> 01:40:13,404 is limited to 20 years, right? 3376 01:40:13,404 --> 01:40:15,288 So and also keep in mind, 3377 01:40:15,290 --> 01:40:17,411 with a patent you are publicly disclosing 3378 01:40:17,411 --> 01:40:19,390 the way that something is made, 3379 01:40:19,390 --> 01:40:19,699 right? 3380 01:40:19,699 --> 01:40:22,171 So would you, if you have a recipe 3381 01:40:22,171 --> 01:40:24,812 that is and you want to be the only 3382 01:40:24,812 --> 01:40:27,576 person who knows how to create this thing? 3383 01:40:27,580 --> 01:40:30,121 Do you really want to publicly disclose 3384 01:40:30,121 --> 01:40:32,676 it in exchange for just having 20 3385 01:40:32,676 --> 01:40:35,250 years of not letting anybody else do it? 3386 01:40:35,250 --> 01:40:37,385 You might not. Instead, what you might want 3387 01:40:37,385 --> 01:40:39,458 to think about is a trade secret. 3388 01:40:39,460 --> 01:40:41,357 So a trade secret, as we know, 3389 01:40:41,357 --> 01:40:42,170 is something that 3390 01:40:42,229 --> 01:40:44,877 has value because nobody else knows about it, 3391 01:40:44,880 --> 01:40:46,608 right? So so it's protection for 3392 01:40:46,608 --> 01:40:48,456 information. Such as a recipe, right? 3393 01:40:48,456 --> 01:40:50,584 This is a great way to protect your 3394 01:40:50,584 --> 01:40:52,410 recipe. Not through copyright, right? 3395 01:40:52,410 --> 01:40:53,610 Not through a patent. 3396 01:40:53,610 --> 01:40:54,814 Not through a trademark. 3397 01:40:54,814 --> 01:40:56,319 But through a trade secret. 3398 01:40:56,320 --> 01:40:58,231 And the way you do that is 3399 01:40:58,231 --> 01:40:59,931 you keep it secret, right? 3400 01:40:59,931 --> 01:41:01,436 So these things, like recipes, 3401 01:41:01,440 --> 01:41:02,788 customer lists, vendor lists, 3402 01:41:02,788 --> 01:41:05,639 or the specific way that you prepare food. 3403 01:41:05,640 --> 01:41:08,136 Those are incredibly important and are 3404 01:41:08,136 --> 01:41:10,178 incredibly valuable because it might 3405 01:41:10,178 --> 01:41:12,369 be that people come to your restaurant 3406 01:41:12,369 --> 01:41:15,086 or come to your food truck or your bar 3407 01:41:15,086 --> 01:41:18,018 because they know "I'm going to get the best, 3408 01:41:18,020 --> 01:41:20,428 you know, honey-dipped whatever, you know, 3409 01:41:20,430 --> 01:41:22,838 I think, and they only do it, 3410 01:41:22,840 --> 01:41:24,560 there's one particular way at 3411 01:41:24,560 --> 01:41:25,612 Jason's BBQ, right?" 3412 01:41:25,612 --> 01:41:28,146 So it might be that that's incredibly 3413 01:41:28,146 --> 01:41:30,750 important and you want to keep that secret. 3414 01:41:30,750 --> 01:41:32,820 So think about McDonald's secret sauce, 3415 01:41:32,820 --> 01:41:35,598 right? We already talked about Coke formula. KFC. 3416 01:41:35,598 --> 01:41:37,866 Twinkies recipe, protected by trade secret. 3417 01:41:37,870 --> 01:41:39,170 Krispy Kreme Donuts. Also 3418 01:41:39,170 --> 01:41:40,795 protected through a trade secret. 3419 01:41:40,800 --> 01:41:42,484 Nobody knows exactly how 3420 01:41:42,484 --> 01:41:44,168 they make those things. 3421 01:41:44,170 --> 01:41:45,856 So how do you do that? 3422 01:41:45,860 --> 01:41:48,116 How do you keep something a trade secret? 3423 01:41:48,120 --> 01:41:51,090 Well, let's talk about, you know, 3424 01:41:51,090 --> 01:41:52,178 the elements of it. 3425 01:41:52,178 --> 01:41:52,450 OK, 3426 01:41:52,450 --> 01:41:56,266 so it has to be information that has value 3427 01:41:56,270 --> 01:41:57,704 because nobody else knows how to 3428 01:41:57,704 --> 01:42:00,122 do it. And it has value because they 3429 01:42:00,122 --> 01:42:01,796 cannot legitimately obtain it, right? 3430 01:42:01,796 --> 01:42:04,190 So there's no way to sort of like reverse 3431 01:42:04,254 --> 01:42:06,198 engineer it or something like that. 3432 01:42:06,200 --> 01:42:08,216 And also you were doing taking reasonable 3433 01:42:08,216 --> 01:42:09,991 efforts to maintain the secrecy, right? 3434 01:42:09,991 --> 01:42:11,446 So it's gotta have those 3435 01:42:11,450 --> 01:42:13,410 those three things in order 3436 01:42:13,410 --> 01:42:16,650 to be held as a trade secret. 3437 01:42:16,650 --> 01:42:18,140 And they can last forever. 3438 01:42:18,140 --> 01:42:18,437 OK, 3439 01:42:18,437 --> 01:42:20,219 so long as you continue to 3440 01:42:20,219 --> 01:42:21,110 keep things secret. 3441 01:42:21,110 --> 01:42:22,490 So sometimes a restaurant might have 3442 01:42:22,490 --> 01:42:24,370 staff sign a non-disclosure agreement. 3443 01:42:24,370 --> 01:42:26,295 So it's going to protect that secret 3444 01:42:26,295 --> 01:42:28,527 when they move on to another restaurant. 3445 01:42:28,530 --> 01:42:30,342 They have signed a contract that 3446 01:42:30,342 --> 01:42:32,180 says that they will not disclose 3447 01:42:32,180 --> 01:42:34,168 how to make, you know, honey dipped, 3448 01:42:34,170 --> 01:42:35,278 you know, barbecue sandwich, 3449 01:42:35,278 --> 01:42:36,663 whatever thing that we serve 3450 01:42:36,663 --> 01:42:37,740 at Jason's BBQ. 3451 01:42:37,740 --> 01:42:41,254 OK, so the ways to protect it. 3452 01:42:41,260 --> 01:42:41,814 These are some of the ways. 3453 01:42:41,814 --> 01:42:43,753 If you have a signature dish that 3454 01:42:43,753 --> 01:42:45,930 you alone are making, chef, and you 3455 01:42:45,930 --> 01:42:47,679 don't want anybody else to know, 3456 01:42:47,680 --> 01:42:50,308 don't show anybody else how to make it, OK. 3457 01:42:50,310 --> 01:42:51,450 Don't write anything down, 3458 01:42:51,450 --> 01:42:53,507 and then you can promote it as 3459 01:42:53,507 --> 01:42:54,981 your own unique creation, right? 3460 01:42:54,981 --> 01:42:56,436 That would be one way, 3461 01:42:56,440 --> 01:42:58,198 Or some ways to think about 3462 01:42:58,200 --> 01:42:58,492 anyway, 3463 01:42:58,492 --> 01:43:00,536 in terms of protecting it through a 3464 01:43:00,536 --> 01:43:02,866 trade secret. And here's an example of one. 3465 01:43:02,870 --> 01:43:05,574 This is a clear pumpkin pie also by 3466 01:43:05,574 --> 01:43:07,740 Chef Achatz at Alinea in Chicago. 3467 01:43:07,740 --> 01:43:08,872 So. Not quite sure, 3468 01:43:08,872 --> 01:43:10,917 I don't think anybody knows how to 3469 01:43:10,917 --> 01:43:12,615 make that thing except for the chef. 3470 01:43:12,620 --> 01:43:13,451 OK, all right. 3471 01:43:13,451 --> 01:43:15,390 So we have now gone through, wow, 3472 01:43:15,452 --> 01:43:17,496 over the last hour and 45 minutes, 3473 01:43:17,500 --> 01:43:18,644 trademarks, trade dress, copyrights, 3474 01:43:18,644 --> 01:43:19,809 patents, and trade secrets. 3475 01:43:19,809 --> 01:43:21,567 I'm very briefly going to hit 3476 01:43:21,567 --> 01:43:22,660 how to find help, 3477 01:43:22,660 --> 01:43:24,972 and then in the remaining time I'm gonna answer 3478 01:43:24,972 --> 01:43:27,537 as many questions as I have, as you have. 3479 01:43:27,540 --> 01:43:28,980 OK, so here we go. 3480 01:43:28,980 --> 01:43:30,989 Let's talk about how to find help. 3481 01:43:30,990 --> 01:43:32,854 If you are new to this and you've 3482 01:43:32,854 --> 01:43:34,446 never heard of trademarks and 3483 01:43:34,446 --> 01:43:35,870 patents and copyrights before, 3484 01:43:35,870 --> 01:43:38,019 what I would encourage you to go 3485 01:43:38,019 --> 01:43:40,120 to our website which is uspto.gov. 3486 01:43:40,120 --> 01:43:41,560 This is it right here:. 3487 01:43:41,560 --> 01:43:43,288 uspto.gov. As you can see here, 3488 01:43:43,290 --> 01:43:44,725 if you're interested in learning 3489 01:43:44,725 --> 01:43:46,400 about patents, you can hover here. 3490 01:43:46,400 --> 01:43:48,406 Go check out the patent basics. If 3491 01:43:48,406 --> 01:43:50,194 you want to learn about trademarks, 3492 01:43:50,200 --> 01:43:51,224 you can hover here. 3493 01:43:51,224 --> 01:43:52,504 I would recommend going to 3494 01:43:52,504 --> 01:43:53,938 the Trademark Basics page. 3495 01:43:53,940 --> 01:43:56,154 We have all kinds of great 3496 01:43:56,154 --> 01:43:57,630 information here about trademarks 3497 01:43:57,695 --> 01:43:59,479 and the registration process. 3498 01:43:59,480 --> 01:44:01,657 So there's all sorts of great 3499 01:44:01,657 --> 01:44:04,049 stuff that you can that you can find. 3500 01:44:04,050 --> 01:44:05,500 I would also recommend if 3501 01:44:05,500 --> 01:44:06,660 you're interested in learning 3502 01:44:06,660 --> 01:44:08,378 more about trademarks to attend 3503 01:44:08,378 --> 01:44:09,754 the Trademark Basics Boot Camp. 3504 01:44:09,760 --> 01:44:11,812 We're just finishing up a cycle 3505 01:44:11,812 --> 01:44:13,519 this week and next week and 3506 01:44:13,519 --> 01:44:15,145 we have a brand new cycle. 3507 01:44:15,150 --> 01:44:17,271 It's eight sessions, once a week on 3508 01:44:17,271 --> 01:44:19,368 Tuesdays at 2:00 PM Eastern, where I'm 3509 01:44:19,368 --> 01:44:22,119 going to be talking to you about trademarks. 3510 01:44:22,120 --> 01:44:24,656 A lot of stuff I talked about today, 3511 01:44:24,660 --> 01:44:26,940 but also we're going to go really in 3512 01:44:26,940 --> 01:44:29,471 depth in terms of how to search and do 3513 01:44:29,471 --> 01:44:31,630 a clearance search in our database. 3514 01:44:31,630 --> 01:44:33,664 How to actually file an application. 3515 01:44:33,664 --> 01:44:35,020 I walk you through 3516 01:44:35,020 --> 01:44:36,292 the actual application itself. 3517 01:44:36,292 --> 01:44:37,882 So if you're interested in 3518 01:44:37,882 --> 01:44:39,319 learning more about trademarks, 3519 01:44:39,320 --> 01:44:41,354 please come to our website and 3520 01:44:41,354 --> 01:44:43,987 you can sign up for the Boot 3521 01:44:43,987 --> 01:44:45,587 Camp through our website. 3522 01:44:45,590 --> 01:44:48,780 So I want to make you aware of all the 3523 01:44:48,869 --> 01:44:52,399 information that's available on uspto.gov. 3524 01:44:52,400 --> 01:44:54,020 There is also a downloadable trademarks 3525 01:44:54,020 --> 01:44:55,788 booklet, if you want to learn more. 3526 01:44:55,790 --> 01:44:57,606 And also we have a bunch of trademark 3527 01:44:57,606 --> 01:44:59,272 videos if you just can't get 3528 01:44:59,272 --> 01:45:01,006 enough of my big shiny forehead, 3529 01:45:01,010 --> 01:45:01,220 well, 3530 01:45:01,220 --> 01:45:03,434 be sure to log on and watch some of our 3531 01:45:03,434 --> 01:45:05,018 videos, because I appear in pretty 3532 01:45:05,018 --> 01:45:07,355 much all of them. So you can learn 3533 01:45:07,355 --> 01:45:08,840 more about trademarks through our 3534 01:45:08,840 --> 01:45:10,618 Basic Facts about Trademarks series or our 3535 01:45:10,618 --> 01:45:11,710 Trademark Information Network series, 3536 01:45:11,710 --> 01:45:13,192 which is a news broadcast-style 3537 01:45:13,192 --> 01:45:14,504 series. And also when you're 3538 01:45:14,504 --> 01:45:15,889 filling out the actual form, 3539 01:45:15,890 --> 01:45:17,556 you can watch the TEAS Nuts and 3540 01:45:17,556 --> 01:45:19,160 Bolts videos. If you're looking for 3541 01:45:19,160 --> 01:45:21,106 legal help and you you're like, "Jason, 3542 01:45:21,110 --> 01:45:22,302 I cannot afford it 3543 01:45:22,302 --> 01:45:23,494 on my own." Well, 3544 01:45:23,500 --> 01:45:25,174 we would recommend you check out 3545 01:45:25,174 --> 01:45:26,760 the law school clinic program. 3546 01:45:26,760 --> 01:45:28,680 The USPTO has partnered with law 3547 01:45:28,680 --> 01:45:30,607 schools around the country and they 3548 01:45:30,607 --> 01:45:32,658 have created various clinics. And so you 3549 01:45:32,658 --> 01:45:34,747 could apply to be part of that clinic. 3550 01:45:34,750 --> 01:45:37,153 And so if you were accepted into the clinic 3551 01:45:37,153 --> 01:45:39,486 with your trademark or your patent issue, 3552 01:45:39,490 --> 01:45:41,898 you will be working with a trademark or 3553 01:45:41,898 --> 01:45:43,930 patent attorney who is a professor there, 3554 01:45:43,930 --> 01:45:45,465 or maybe just loosely affiliated 3555 01:45:45,465 --> 01:45:47,610 with the school, and you will also 3556 01:45:47,610 --> 01:45:49,254 be working with a law student. 3557 01:45:49,260 --> 01:45:51,915 You will be getting all of that for free, 3558 01:45:51,920 --> 01:45:52,176 OK? 3559 01:45:52,176 --> 01:45:53,456 So if you're worried about 3560 01:45:53,456 --> 01:45:54,480 the cost and you're 3561 01:45:54,540 --> 01:45:56,436 like I want to work with an attorney, 3562 01:45:56,440 --> 01:45:57,408 I've got this issue. 3563 01:45:57,408 --> 01:45:58,630 Well, I'll tell you what. 3564 01:45:58,630 --> 01:46:00,367 Check out our law school clinic program 3565 01:46:00,367 --> 01:46:02,311 and see if you can get hooked up with 3566 01:46:02,363 --> 01:46:04,190 one of our clinics around the country. 3567 01:46:04,190 --> 01:46:05,828 There are about 60 of them at 3568 01:46:05,828 --> 01:46:07,329 present and we're in the process, 3569 01:46:07,330 --> 01:46:09,266 I think, of expanding to more law schools. 3570 01:46:09,270 --> 01:46:10,238 So hopefully they'll be 3571 01:46:10,238 --> 01:46:11,206 more opportunities for you. 3572 01:46:11,210 --> 01:46:12,510 I'd also recommend the Trademark 3573 01:46:12,510 --> 01:46:14,066 Assistance Center and they are our customer 3574 01:46:14,066 --> 01:46:15,794 service folks. They love to talk to you. 3575 01:46:15,800 --> 01:46:17,306 They love to give away information. 3576 01:46:17,306 --> 01:46:18,709 You can give them a call 3577 01:46:18,710 --> 01:46:20,638 8:30 AM to 8:00 PM Monday through Friday. 3578 01:46:20,640 --> 01:46:21,384 That's Eastern Time. 3579 01:46:21,384 --> 01:46:22,872 You can also shoot them an 3580 01:46:22,880 --> 01:46:24,052 email at any time. 3581 01:46:24,052 --> 01:46:26,180 They always pick up the phone very 3582 01:46:26,180 --> 01:46:28,315 quickly by within one or two rings, 3583 01:46:28,320 --> 01:46:30,576 but it might take a day or so 3584 01:46:30,576 --> 01:46:32,846 in order to get back via email. 3585 01:46:32,850 --> 01:46:34,656 Now they cannot provide legal advice. 3586 01:46:34,660 --> 01:46:36,170 As I said, I cannot, 3587 01:46:36,170 --> 01:46:37,680 Craig cannot, no one at TAC cannot, 3588 01:46:37,680 --> 01:46:40,398 no one at the USPTO can provide legal advice. 3589 01:46:40,400 --> 01:46:42,392 But they can give you great 3590 01:46:42,392 --> 01:46:44,031 information, direct you to resources on 3591 01:46:44,031 --> 01:46:45,830 the website and things of that sort. 3592 01:46:45,830 --> 01:46:46,691 Keep in mind, 3593 01:46:46,691 --> 01:46:48,126 we also don't enforce legal, 3594 01:46:48,126 --> 01:46:49,150 your legal rights. 3595 01:46:49,150 --> 01:46:50,968 So once you register your trademark, 3596 01:46:50,970 --> 01:46:53,224 it's going to be up to you 3597 01:46:53,230 --> 01:46:54,202 to protect it right. 3598 01:46:54,202 --> 01:46:55,980 Just like it's going to be up 3599 01:46:55,980 --> 01:46:57,828 to you to make sure you've got 3600 01:46:57,828 --> 01:46:59,283 customers walking in the door, right? 3601 01:46:59,283 --> 01:46:59,789 You know, 3602 01:46:59,789 --> 01:47:01,054 and doing your own advertising 3603 01:47:01,054 --> 01:47:02,257 and stuff like that, right? 3604 01:47:02,257 --> 01:47:04,120 It's also going to be up to you and 3605 01:47:04,175 --> 01:47:06,071 or your attorney, if you hire one, to 3606 01:47:06,071 --> 01:47:07,499 protect your your your trademark 3607 01:47:07,499 --> 01:47:09,004 rights and your copyright rights 3608 01:47:09,004 --> 01:47:11,380 and your patent rights and all of 3609 01:47:11,380 --> 01:47:12,796 your intellectual property rights. 3610 01:47:12,800 --> 01:47:13,085 Also, 3611 01:47:13,085 --> 01:47:14,510 we cannot recommend specific private 3612 01:47:14,510 --> 01:47:16,220 attorneys, even though we do recommend 3613 01:47:16,220 --> 01:47:18,215 you might want to work with them. 3614 01:47:18,220 --> 01:47:19,356 We cannot necessarily recommend 3615 01:47:19,356 --> 01:47:20,776 one that you work with. 3616 01:47:20,780 --> 01:47:21,692 We will say, 3617 01:47:21,692 --> 01:47:21,996 however, 3618 01:47:21,996 --> 01:47:23,516 that working with an experienced 3619 01:47:23,516 --> 01:47:25,056 trademark attorney is a great idea. 3620 01:47:25,060 --> 01:47:26,705 You will see, as you go online, 3621 01:47:26,705 --> 01:47:28,830 if you do a search for trademark 3622 01:47:28,830 --> 01:47:30,186 or patent or whatever, 3623 01:47:30,190 --> 01:47:31,425 you're probably going to come 3624 01:47:31,425 --> 01:47:33,062 across a lot of these companies 3625 01:47:33,062 --> 01:47:34,458 with regard to trademarks. 3626 01:47:34,460 --> 01:47:36,020 They are sort of often referred 3627 01:47:36,020 --> 01:47:37,600 to as trademark filing companies. 3628 01:47:37,600 --> 01:47:39,588 You'll see them advertise very cheap rates. 3629 01:47:39,590 --> 01:47:42,934 "Get a trademark for X number of dollars." 3630 01:47:42,940 --> 01:47:47,164 Uhm? So with regard to those companies. 3631 01:47:49,260 --> 01:47:51,066 Just be aware of what you're getting 3632 01:47:51,066 --> 01:47:53,037 for the money that you're paying. OK? 3633 01:47:53,040 --> 01:47:54,979 And in a lot of these situations, what 3634 01:47:54,979 --> 01:47:56,932 you're doing is you're paying them money 3635 01:47:56,932 --> 01:47:59,248 to do what you could do on your own. 3636 01:47:59,250 --> 01:48:01,170 You're paying them X number of dollars for 3637 01:48:01,170 --> 01:48:03,030 them to file your application. However, 3638 01:48:03,030 --> 01:48:04,380 because they're not necessarily attorneys, 3639 01:48:04,380 --> 01:48:06,000 at least in most of them, 3640 01:48:06,000 --> 01:48:07,620 they cannot provide you legal advice. 3641 01:48:07,620 --> 01:48:10,049 So really, what are you getting for 3642 01:48:10,049 --> 01:48:12,388 the money that you're paying? Right, 3643 01:48:12,388 --> 01:48:14,372 you're getting someone to do it for you, 3644 01:48:14,380 --> 01:48:15,372 but you're not necessarily 3645 01:48:15,372 --> 01:48:16,116 buying legal advice. 3646 01:48:16,120 --> 01:48:17,792 So I would say, if you do want 3647 01:48:17,792 --> 01:48:19,608 to use one of these companies, 3648 01:48:19,610 --> 01:48:21,218 please make sure you research the 3649 01:48:21,218 --> 01:48:23,097 company before you jump in and, you know, 3650 01:48:23,100 --> 01:48:24,892 slap down your credit card. And see 3651 01:48:24,892 --> 01:48:26,387 whether you're going to be working 3652 01:48:26,387 --> 01:48:27,731 with an attorney who's going to 3653 01:48:27,731 --> 01:48:29,538 be able to give you legal advice. 3654 01:48:29,538 --> 01:48:31,068 Because a filing company is just 3655 01:48:31,068 --> 01:48:33,060 going to be like. "What are you doing? 3656 01:48:33,060 --> 01:48:34,052 What do you want? 3657 01:48:34,052 --> 01:48:36,284 OK, will fill it out and here you go." 3658 01:48:36,290 --> 01:48:37,788 But an attorney will say, "OK. 3659 01:48:37,788 --> 01:48:39,003 So you're a restaurant, right? 3660 01:48:39,003 --> 01:48:40,341 OK, so what sorts of specimens 3661 01:48:40,341 --> 01:48:41,520 do you have available? 3662 01:48:41,520 --> 01:48:43,480 Have you done a search on your name. 3663 01:48:43,480 --> 01:48:44,870 What exactly are you providing? 3664 01:48:44,870 --> 01:48:46,260 Are you providing any, in addition to 3665 01:48:46,260 --> 01:48:46,816 restaurant services, 3666 01:48:46,820 --> 01:48:48,220 are you providing delivery services? 3667 01:48:48,220 --> 01:48:50,166 Are you also selling your barbecue sauce 3668 01:48:50,166 --> 01:48:52,669 and your hot sauce and your T-shirts and 3669 01:48:52,669 --> 01:48:54,918 your growlers and your kegs and your whatever?" 3670 01:48:54,920 --> 01:48:56,588 Right all those sorts of things? 3671 01:48:56,590 --> 01:48:57,702 All those questions that 3672 01:48:57,702 --> 01:48:58,814 we've talked about today, 3673 01:48:58,820 --> 01:48:59,654 an experienced trademark attorney 3674 01:48:59,654 --> 01:49:01,322 is going to ask those questions. 3675 01:49:01,330 --> 01:49:03,206 They're gonna say, "What version of your 3676 01:49:03,206 --> 01:49:05,239 trademark do you want to register? 3677 01:49:05,240 --> 01:49:06,074 Standard character version? 3678 01:49:06,074 --> 01:49:06,908 Special form format?" 3679 01:49:06,910 --> 01:49:07,194 Right. 3680 01:49:07,194 --> 01:49:08,898 All that sort of stuff the 3681 01:49:08,898 --> 01:49:10,259 attorney is going to know. 3682 01:49:10,260 --> 01:49:12,748 And you're not going to get that necessarily 3683 01:49:12,750 --> 01:49:13,866 with the filing companies. 3684 01:49:13,866 --> 01:49:15,845 So that's why we always recommend you 3685 01:49:15,845 --> 01:49:17,381 work with an attorney because the 3686 01:49:17,381 --> 01:49:18,939 attorney can help give you advice, 3687 01:49:18,940 --> 01:49:20,816 can help you with the clearance search, 3688 01:49:20,820 --> 01:49:22,428 can help you with the application, 3689 01:49:22,430 --> 01:49:24,334 can help you when dealing with the USPTO, 3690 01:49:24,334 --> 01:49:26,469 can help you enforce your trademark rights? 3691 01:49:26,470 --> 01:49:28,374 There is a lot of benefit that you 3692 01:49:28,374 --> 01:49:30,496 can get by working with an attorney. 3693 01:49:30,500 --> 01:49:32,930 So, I know. "Jason, they're expensive, so move on." 3694 01:49:32,930 --> 01:49:34,810 OK, no I get it, I know, 3695 01:49:34,810 --> 01:49:35,350 believe me, 3696 01:49:35,350 --> 01:49:36,970 I know attorneys are expensive. And 3697 01:49:37,020 --> 01:49:38,568 that's why we do recommend you 3698 01:49:38,570 --> 01:49:40,618 check out a couple of options here for 3699 01:49:40,618 --> 01:49:42,828 free and reduced priced legal services. 3700 01:49:42,830 --> 01:49:44,312 There are lots of resources available 3701 01:49:44,312 --> 01:49:45,634 through the American Bar Association 3702 01:49:45,634 --> 01:49:47,089 and also the International Trademark 3703 01:49:47,089 --> 01:49:48,540 Association. INTA. Top top top 3704 01:49:48,540 --> 01:49:49,770 trademark folks around the world. 3705 01:49:49,770 --> 01:49:51,366 They have their pro bono clearinghouse. 3706 01:49:51,370 --> 01:49:53,302 So you might want to check that 3707 01:49:53,302 --> 01:49:55,210 out and see if it's something 3708 01:49:55,210 --> 01:49:56,895 that would work for you. 3709 01:49:56,900 --> 01:49:58,425 The other thing we recommend, 3710 01:49:58,425 --> 01:50:00,430 this again is not legal advice, 3711 01:50:00,430 --> 01:50:02,026 but it's business advice. These 3712 01:50:02,026 --> 01:50:03,508 are the Patent and Trademark 3713 01:50:03,508 --> 01:50:05,323 Resource Centers, the PTRCs. These are 3714 01:50:05,323 --> 01:50:06,775 librarians around the country 3715 01:50:06,833 --> 01:50:09,087 that we have partnered with that have 3716 01:50:09,087 --> 01:50:10,353 specific patent and trademark knowledge. 3717 01:50:10,353 --> 01:50:12,697 You can probably find one at one of 3718 01:50:12,697 --> 01:50:14,552 the larger libraries near you and 3719 01:50:14,552 --> 01:50:17,213 they would be able to help you with 3720 01:50:17,213 --> 01:50:19,048 some patent and trademark questions. 3721 01:50:19,050 --> 01:50:20,976 Again, not legal advice, OK? 3722 01:50:20,980 --> 01:50:22,906 But they should be able to 3723 01:50:22,906 --> 01:50:24,190 give you some information. 3724 01:50:24,190 --> 01:50:25,830 We also recommend SBDCs, which are 3725 01:50:25,830 --> 01:50:27,142 the Small Business 3726 01:50:27,150 --> 01:50:28,555 Development Centers. They're part of 3727 01:50:28,555 --> 01:50:29,679 the Small Business Administration, 3728 01:50:29,680 --> 01:50:31,080 one of our sister agencies. 3729 01:50:31,080 --> 01:50:32,490 And these folks are great. 3730 01:50:32,490 --> 01:50:34,104 We always recommend them for, in 3731 01:50:34,104 --> 01:50:35,580 terms of free business advice. 3732 01:50:35,580 --> 01:50:37,828 They can help you with a business plan. 3733 01:50:37,830 --> 01:50:39,235 Maybe help you with financing, 3734 01:50:39,235 --> 01:50:40,359 help you with permits. 3735 01:50:40,360 --> 01:50:42,889 All that sort of stuff that you might need. 3736 01:50:42,890 --> 01:50:44,850 So we'd recommend checking out the SBDCs. 3737 01:50:44,850 --> 01:50:47,098 OK, wow. We only have 6 minutes left, 3738 01:50:47,100 --> 01:50:49,004 so I'm going to answer as many 3739 01:50:49,004 --> 01:50:51,040 questions as I can in six minutes. 3740 01:50:51,040 --> 01:50:51,314 Craig, 3741 01:50:51,314 --> 01:50:53,232 if you are available to come on 3742 01:50:53,232 --> 01:50:55,129 the line and let's see what we 3743 01:50:55,129 --> 01:50:56,940 can get through in six minutes. 3744 01:51:00,600 --> 01:51:02,625 -Jason, can you repeat when 3745 01:51:02,625 --> 01:51:05,250 you would use the trade dress 3746 01:51:05,250 --> 01:51:07,815 approach versus a design patent? 3747 01:51:07,820 --> 01:51:10,070 What is the advantage or 3748 01:51:10,070 --> 01:51:13,690 disadvantage of each? -Sure so, 3749 01:51:13,690 --> 01:51:15,676 again, I cannot give legal advice. 3750 01:51:15,680 --> 01:51:19,608 OK, but I would say with regard to 3751 01:51:19,610 --> 01:51:21,116 deciding between the two of them, 3752 01:51:21,120 --> 01:51:22,954 I would probably look most at how 3753 01:51:22,954 --> 01:51:24,630 long the protection is going to last, 3754 01:51:24,630 --> 01:51:26,359 and if a design patent is only 3755 01:51:26,359 --> 01:51:27,888 going to last you 15 years. 3756 01:51:30,500 --> 01:51:32,892 I I'm not quite sure what you gain 3757 01:51:32,892 --> 01:51:34,601 through that, as opposed to registering 3758 01:51:34,601 --> 01:51:37,012 it as a sort of a configuration or 3759 01:51:37,012 --> 01:51:39,714 through a trade dress for the trademark. 3760 01:51:39,720 --> 01:51:41,598 Because that's going to give you 3761 01:51:41,598 --> 01:51:43,856 long term protection as your as your 3762 01:51:43,856 --> 01:51:45,752 business continues to expand and grow. 3763 01:51:45,760 --> 01:51:47,506 So it's really probably going to 3764 01:51:47,506 --> 01:51:49,900 be up to you and your attorney. 3765 01:51:49,900 --> 01:51:51,480 Hopefully you're going to be 3766 01:51:51,480 --> 01:51:53,400 working with an attorney on this. 3767 01:51:53,400 --> 01:51:55,619 Certainly before filing for a design patent, 3768 01:51:55,620 --> 01:51:56,913 we'd recommend one, 3769 01:51:56,913 --> 01:51:58,637 obviously for filing for 3770 01:51:58,637 --> 01:51:59,930 a trademark registration. 3771 01:51:59,930 --> 01:52:01,460 But that to me anyway, 3772 01:52:01,460 --> 01:52:04,052 like maybe there's and I know that there are 3773 01:52:04,052 --> 01:52:06,337 several attorneys who have logged in today. 3774 01:52:06,340 --> 01:52:08,532 If one of them has a specific answer 3775 01:52:08,532 --> 01:52:10,799 with why a design patent would be 3776 01:52:10,799 --> 01:52:12,435 better than a trademark registration, 3777 01:52:12,435 --> 01:52:15,180 by all means, shoot an email to TMfeedback. 3778 01:52:15,180 --> 01:52:16,260 Love to hear that. 3779 01:52:16,260 --> 01:52:17,880 But I don't necessarily know why 3780 01:52:17,938 --> 01:52:19,942 you would choose a design patent 3781 01:52:19,942 --> 01:52:21,278 over a trademark registration. 3782 01:52:21,280 --> 01:52:22,850 But obviously maybe somebody knows 3783 01:52:22,850 --> 01:52:24,640 a little bit better than me. 3784 01:52:29,650 --> 01:52:31,895 What's next? -Uh, there isn't 3785 01:52:31,895 --> 01:52:34,700 anything next, Jason, that could be 3786 01:52:34,700 --> 01:52:36,960 easily covered orally. There are 3787 01:52:36,960 --> 01:52:40,650 there's always a few that I need to do, 3788 01:52:40,650 --> 01:52:43,920 an email follow up. -Sure. 3789 01:52:43,920 --> 01:52:45,390 OK, well, I'll tell you what. 3790 01:52:45,390 --> 01:52:47,460 Here's what I'll what I'll do is we as 3791 01:52:47,460 --> 01:52:49,674 we close out over the next say four minutes 3792 01:52:49,674 --> 01:52:51,979 or so. We'll give a little bit of time 3793 01:52:51,979 --> 01:52:54,210 if people want to add like shooting an email, 3794 01:52:54,210 --> 01:52:55,827 maybe hopefully we can get to it 3795 01:52:55,827 --> 01:52:57,637 within the next three to four minutes. 3796 01:52:57,640 --> 01:52:58,870 But what I will do. 3797 01:52:58,870 --> 01:53:00,340 I know I showed you already 3798 01:53:00,340 --> 01:53:01,320 the Trademark Basics Boot Camp. 3799 01:53:01,320 --> 01:53:02,888 But some of you might want to 3800 01:53:02,888 --> 01:53:04,499 know where to find more things. 3801 01:53:04,500 --> 01:53:05,464 More things like this. 3802 01:53:05,464 --> 01:53:07,203 Maybe you came through us through Eventbrite 3803 01:53:07,203 --> 01:53:09,155 You've never heard of the USPTO before. 3804 01:53:09,160 --> 01:53:10,370 You just happened to click 3805 01:53:10,370 --> 01:53:11,850 on a link that you saw. 3806 01:53:11,850 --> 01:53:12,750 That sounds interesting. 3807 01:53:12,750 --> 01:53:13,950 That sounds like me. 3808 01:53:13,950 --> 01:53:15,917 OK, so obviously this is the website. 3809 01:53:15,920 --> 01:53:17,984 What I would recommend you do, if you 3810 01:53:17,984 --> 01:53:20,149 want to find more events like this. 3811 01:53:20,150 --> 01:53:21,848 Let's go to "Learning and resources." 3812 01:53:21,850 --> 01:53:24,349 You hover over that and you come 3813 01:53:24,349 --> 01:53:27,090 over here to the right to "Events." 3814 01:53:27,090 --> 01:53:28,197 Click on "Events." 3815 01:53:28,197 --> 01:53:31,260 And you are going to see all the 3816 01:53:31,260 --> 01:53:34,404 different events that we have going on at 3817 01:53:34,404 --> 01:53:37,938 the USPTO now and heading into the future. 3818 01:53:37,940 --> 01:53:40,028 OK, so if you were somebody 3819 01:53:40,028 --> 01:53:42,080 who is interested in patents, 3820 01:53:42,080 --> 01:53:43,745 they sometimes, the Patent side 3821 01:53:43,745 --> 01:53:45,924 will run a Patent Basics Boot Camp 3822 01:53:45,924 --> 01:53:47,716 similar to Trademark Basics 3823 01:53:47,720 --> 01:53:49,670 Boot Camp. They are currently running 3824 01:53:49,670 --> 01:53:52,229 something called the Path to a Patent. 3825 01:53:52,230 --> 01:53:53,358 They're obviously already 3826 01:53:53,358 --> 01:53:55,238 into Part 3 right now, 3827 01:53:55,240 --> 01:54:00,000 but here's the Path to a Patent series. 3828 01:54:00,000 --> 01:54:01,710 And so if you're interested in 3829 01:54:01,710 --> 01:54:02,850 learning more about patents, 3830 01:54:02,850 --> 01:54:04,560 you can check this out here. 3831 01:54:04,560 --> 01:54:06,680 You can sign up for each of these 3832 01:54:06,680 --> 01:54:07,700 individual, individual sessions. 3833 01:54:07,700 --> 01:54:09,120 So as you can see, 3834 01:54:09,120 --> 01:54:11,685 you know, it started at the beginning of July. 3835 01:54:11,690 --> 01:54:13,298 And hopefully they're going to be 3836 01:54:13,298 --> 01:54:14,820 doing another session again sometime, 3837 01:54:14,820 --> 01:54:16,788 maybe, maybe in in this winter, so. 3838 01:54:16,788 --> 01:54:18,852 So that's another thing you might want to 3839 01:54:18,852 --> 01:54:21,085 think about if you're interested in patents, 3840 01:54:21,090 --> 01:54:22,620 yeah? 3841 01:54:22,620 --> 01:54:24,320 -Uh, if I can interrupt 3842 01:54:24,320 --> 01:54:26,400 because you did a shout out, 3843 01:54:26,400 --> 01:54:28,808 see if any attorneys had any suggestion. 3844 01:54:28,810 --> 01:54:31,906 I'm going to read one that came in. -Great. 3845 01:54:31,910 --> 01:54:33,059 -I would use. 3846 01:54:33,059 --> 01:54:36,358 I'd use the design to get the time 3847 01:54:36,358 --> 01:54:39,484 of exclusive use for the trademark. 3848 01:54:39,490 --> 01:54:40,224 -Ah, interesting. 3849 01:54:40,224 --> 01:54:40,591 OK, 3850 01:54:40,591 --> 01:54:43,750 so it's sort of a combination filing, I guess. 3851 01:54:43,750 --> 01:54:46,935 So trying to get the protection first 3852 01:54:46,935 --> 01:54:50,108 before the trademark registration comes in. 3853 01:54:50,110 --> 01:54:50,380 -Well, 3854 01:54:50,380 --> 01:54:52,000 unfortunately, I only know what was 3855 01:54:52,000 --> 01:54:53,649 written in the in the response. 3856 01:54:53,650 --> 01:54:55,818 I I don't want to expand on that. 3857 01:54:55,820 --> 01:54:57,452 -OK. Cool. Alright, well that sounds 3858 01:54:57,452 --> 01:54:58,268 like, you know, 3859 01:54:58,270 --> 01:55:01,529 kind of a sort of a sort of a 1-2 punch there. 3860 01:55:01,530 --> 01:55:02,594 So yeah, so cool. 3861 01:55:02,594 --> 01:55:04,190 Thank you very much for writing 3862 01:55:04,250 --> 01:55:05,610 it and I appreciate that. 3863 01:55:05,610 --> 01:55:07,549 I'm sure all the folks on the 3864 01:55:07,549 --> 01:55:08,879 call appreciate that as well, 3865 01:55:08,880 --> 01:55:11,172 so thank you very much for 3866 01:55:11,172 --> 01:55:12,700 for sending that in. 3867 01:55:12,700 --> 01:55:13,925 The other thing else I'll 3868 01:55:13,925 --> 01:55:15,150 say is if folks have 3869 01:55:15,209 --> 01:55:16,649 questions about copyrights, 3870 01:55:16,650 --> 01:55:18,190 'cause obviously copyrights is not 3871 01:55:18,190 --> 01:55:20,300 something that we do at the USPTO. 3872 01:55:20,300 --> 01:55:21,820 'cause as you can see, 3873 01:55:21,820 --> 01:55:23,948 here is the Patent and Trademark Office. 3874 01:55:23,950 --> 01:55:25,470 So what I would recommend, 3875 01:55:25,470 --> 01:55:26,990 though, is you go to 3876 01:55:30,620 --> 01:55:32,648 copyright.gov, which is the U.S. Copyright 3877 01:55:32,648 --> 01:55:35,194 Office. And the folks there are really 3878 01:55:35,194 --> 01:55:36,706 great, our colleagues, Craig and I, 3879 01:55:36,710 --> 01:55:38,525 we have colleagues that do 3880 01:55:38,525 --> 01:55:40,640 the exact same thing we do, 3881 01:55:40,640 --> 01:55:43,256 but they do them for copyrights and they have 3882 01:55:43,256 --> 01:55:46,010 lots of great information here as well. 3883 01:55:46,010 --> 01:55:49,330 You can find all sorts of things. I 3884 01:55:49,330 --> 01:55:52,897 happen to really like their circulars. 3885 01:55:52,900 --> 01:55:54,210 And these are all downloadable. 3886 01:55:54,210 --> 01:55:56,146 If you want to learn about say copyright 3887 01:55:56,146 --> 01:55:57,503 basics and registration and notice 3888 01:55:57,503 --> 01:55:59,428 and all sorts of things like that, 3889 01:55:59,430 --> 01:56:00,834 there are all sorts of great 3890 01:56:00,834 --> 01:56:02,110 information here in easily downloadable 3891 01:56:02,110 --> 01:56:03,595 form at the Copyright Office. 3892 01:56:03,600 --> 01:56:05,166 So if you have copyright questions, 3893 01:56:05,170 --> 01:56:07,519 I would say that would be a great place, 3894 01:56:07,520 --> 01:56:09,635 great place to go. But but but check out 3895 01:56:09,635 --> 01:56:11,635 the source of all sorts of different 3896 01:56:11,635 --> 01:56:14,040 events that we have going on at the USPTO. 3897 01:56:14,040 --> 01:56:15,867 You'll find all sorts of you know, 3898 01:56:15,870 --> 01:56:18,540 pretty cool, pretty cool things. 3899 01:56:18,540 --> 01:56:20,346 So, uh, we're just about at time, 3900 01:56:20,350 --> 01:56:22,357 so I will go ahead and start to to 3901 01:56:22,357 --> 01:56:24,147 close this out here and say thank 3902 01:56:24,147 --> 01:56:26,050 you very much for watching today. 3903 01:56:26,050 --> 01:56:28,372 I know it's been an incredibly fast two hours. 3904 01:56:28,380 --> 01:56:30,444 I mean, I know I talked very quickly, 3905 01:56:30,450 --> 01:56:31,750 and I apologize for that. 3906 01:56:31,750 --> 01:56:33,000 But there's so much information 3907 01:56:33,000 --> 01:56:35,287 that I want to get to and so much 3908 01:56:35,287 --> 01:56:36,757 information that it's, I think, it's 3909 01:56:36,813 --> 01:56:38,433 important that you learn and hopefully 3910 01:56:38,433 --> 01:56:40,552 will be able to help you with your 3911 01:56:40,552 --> 01:56:41,842 help you with your business. 3912 01:56:41,850 --> 01:56:43,150 So if you enjoyed today, 3913 01:56:43,150 --> 01:56:45,430 I'd encourage you to sign up for the 3914 01:56:45,430 --> 01:56:46,627 Trademark Basics Boot Camp. You're 3915 01:56:46,627 --> 01:56:48,907 going to be spending a lot more time with me. 3916 01:56:48,910 --> 01:56:51,412 And a lot more time with Craig as well. 3917 01:56:51,420 --> 01:56:53,345 So by all means, please, we would 3918 01:56:53,345 --> 01:56:54,490 love to have you. 3919 01:56:54,490 --> 01:56:56,345 We have another cycle that is beginning, 3920 01:56:56,345 --> 01:56:58,680 boy, at the beginning of August, I guess. 3921 01:56:58,680 --> 01:57:00,864 So feel free to sign up for that 3922 01:57:00,864 --> 01:57:02,300 and hopefully we'll see you 3923 01:57:02,300 --> 01:57:04,064 then. As I mentioned, you will be 3924 01:57:04,064 --> 01:57:05,635 getting an email from Eventbrite 3925 01:57:05,635 --> 01:57:07,399 shortly, if not right now, and it 3926 01:57:07,459 --> 01:57:09,385 will have a downloadable link to 3927 01:57:09,385 --> 01:57:10,948 the downloadable slides from today 3928 01:57:10,948 --> 01:57:12,894 and also a link to the survey. 3929 01:57:12,900 --> 01:57:15,420 So we encourage you to to fill that out. 3930 01:57:15,420 --> 01:57:17,366 We do look at the survey results. 3931 01:57:17,370 --> 01:57:19,519 We are always trying to do better, 3932 01:57:19,520 --> 01:57:21,560 to make sure that you have the information 3933 01:57:21,560 --> 01:57:23,410 that you can need, that you need in 3934 01:57:23,410 --> 01:57:25,268 order to help you with your business. 3935 01:57:25,270 --> 01:57:27,520 So thank you very much for tuning in today. 3936 01:57:27,520 --> 01:57:29,020 Take care and we'll see at 3937 01:57:29,020 --> 01:57:30,020 the next USPTO event. 3938 01:57:30,020 --> 01:57:30,270 Thanks.