1 00:00:01,920 --> 00:00:05,960 Hello, everyone, and welcome to our federal trademark searching webinar. 2 00:00:06,160 --> 00:00:10,560 This is the first of two webinars that we're doing one today on October 2nd, 3 00:00:10,800 --> 00:00:13,800 and the other is going to be on October 16th. 4 00:00:14,040 --> 00:00:18,080 So both of these webinars are going to cover federal trademark searching. 5 00:00:18,080 --> 00:00:20,480 But as you can see on the screen right now, 6 00:00:20,480 --> 00:00:24,240 today is all about the basics. And we're talking very, very basic stuff. 7 00:00:24,600 --> 00:00:27,720 I'm Jason Lott, the managing attorney for Trademarks Customer Outreach. 8 00:00:27,880 --> 00:00:31,080 Along with me today is Mariessa Terrell, who's an attorney 9 00:00:31,080 --> 00:00:34,080 on the team with me, along with three of our experts 10 00:00:34,320 --> 00:00:38,600 whom you might have met in the past if you attended any of our previous demos 11 00:00:38,600 --> 00:00:40,480 and other searching webinars. 12 00:00:40,480 --> 00:00:43,800 We have Chris Doninger, Brett Golden, and Timothy Schimpf. 13 00:00:44,120 --> 00:00:47,480 And so Mariessa and the guys are going to be in the Q&A box today 14 00:00:47,480 --> 00:00:51,240 answering your questions as they come in while I'm handling the main presentation. 15 00:00:51,480 --> 00:00:54,360 And then when we get to the end of the presentation, 16 00:00:54,360 --> 00:00:56,160 we're going to be answering more questions. And who knows? 17 00:00:56,160 --> 00:01:00,240 The guys might pop on screen and answer them there as well. 18 00:01:00,720 --> 00:01:04,720 So very much wanted to welcome you to today's presentation. 19 00:01:04,720 --> 00:01:07,960 Before we get going, just a couple of things to keep in mind. 20 00:01:08,440 --> 00:01:11,160 There are a lot of you who are going to be joining us today. 21 00:01:11,160 --> 00:01:13,320 So, you know, 22 00:01:13,320 --> 00:01:14,360 there are over a thousand of you 23 00:01:14,360 --> 00:01:17,440 who registered, so we might see some people coming in late 24 00:01:17,440 --> 00:01:19,760 and so we might see repeat questions and things like that. 25 00:01:19,760 --> 00:01:20,800 So please bear 26 00:01:20,800 --> 00:01:24,040 with us as we handle questions that are coming in a little bit later. 27 00:01:24,680 --> 00:01:28,680 So for those of you who are new to Webex, a couple of things to keep in mind. 28 00:01:29,760 --> 00:01:32,680 So we're going to do a little bit of housekeeping right here. 29 00:01:32,680 --> 00:01:35,920 So the main thing to know this is not Webex related, 30 00:01:35,920 --> 00:01:38,920 but the main thing to know is that today's session is being recorded. 31 00:01:39,160 --> 00:01:42,240 Those of you who attended some of the demos were asking. The answer for 32 00:01:42,240 --> 00:01:45,880 the demos is no, but today's presentation is being recorded. 33 00:01:46,000 --> 00:01:50,640 We'll post a recording in about three weeks to YouTube and to our site. 34 00:01:50,640 --> 00:01:55,160 So if you haven't already subscribed to our YouTube channel (USPTO video), 35 00:01:55,280 --> 00:01:56,040 please do so. 36 00:01:56,040 --> 00:02:01,160 That'll notify you any time a USPTO video gets posted on YouTube. 37 00:02:01,680 --> 00:02:03,480 So if you want a recording of today, 38 00:02:03,480 --> 00:02:05,360 unfortunately you have to wait about three weeks, 39 00:02:05,360 --> 00:02:07,080 but there will be one. 40 00:02:07,080 --> 00:02:09,240 If you want a copy of the slides. 41 00:02:09,240 --> 00:02:12,960 Well, those have been available and so you can also grab them now. 42 00:02:13,200 --> 00:02:16,800 Our fantastic technician, Jay, is going to be posting those 43 00:02:16,800 --> 00:02:21,040 into the chat here in Webex, so you can download them now if you didn't 44 00:02:21,040 --> 00:02:25,120 grab them out of the emails that went out over the past couple of days. 45 00:02:25,480 --> 00:02:29,320 They'll also be available to download after today's presentation. 46 00:02:29,320 --> 00:02:32,800 So for those of you wondering about recordings, wondering about slides, 47 00:02:32,920 --> 00:02:37,200 all of that is available to you, it'll just be at different time periods. 48 00:02:37,920 --> 00:02:41,320 So for those of you who are new to Webex, you haven't used it before. 49 00:02:41,920 --> 00:02:45,120 It's kind of similar to most virtual event platforms. 50 00:02:45,760 --> 00:02:48,800 The main thing to keep in mind is that there are a couple of buttons you're going 51 00:02:48,800 --> 00:02:51,800 to want to take a look at down to the bottom right-hand of your screen. 52 00:02:52,120 --> 00:02:54,240 One of them is the chat bubble. 53 00:02:54,240 --> 00:02:55,960 If you open up the chat bubble, 54 00:02:55,960 --> 00:02:59,760 you will see that's where Jay is going to be posting links today, for example, 55 00:02:59,760 --> 00:03:04,720 links to the slides and any other links that we wanted to distribute today. 56 00:03:04,920 --> 00:03:08,040 That's also where you'll get the live captioning link. 57 00:03:08,040 --> 00:03:10,880 If you're someone who wants live captioning, 58 00:03:10,880 --> 00:03:12,640 just open that up and you can click the link 59 00:03:12,640 --> 00:03:14,200 and that'll take you to the captioning. 60 00:03:14,200 --> 00:03:16,800 For those of you who don't need live captioning, you're okay with a robot, 61 00:03:16,800 --> 00:03:19,800 you can use the CC button that you see on your screen. 62 00:03:20,160 --> 00:03:24,600 Keep in mind that the chat box is not how you communicate with us today. 63 00:03:24,640 --> 00:03:27,480 Please, please, please don't put your questions into the chat. 64 00:03:27,480 --> 00:03:28,120 Okay? 65 00:03:28,120 --> 00:03:30,960 If you're going to ask us questions, please do so in the Q&A 66 00:03:30,960 --> 00:03:34,080 box. To open up that look to the right of the chat box. 67 00:03:34,080 --> 00:03:36,600 You'll see three little dots. Hit those dots. 68 00:03:36,600 --> 00:03:39,000 It'll open up a thing that says Q&A. 69 00:03:39,000 --> 00:03:43,520 You can hit that Q&A, open that up, and then you can ask your questions 70 00:03:43,800 --> 00:03:47,480 to our experts in the Q&A box. 71 00:03:48,000 --> 00:03:51,000 A couple of things to keep in mind with regard to Q&A. 72 00:03:51,360 --> 00:03:54,440 There are a lot of you. We have four experts 73 00:03:54,440 --> 00:03:56,360 who are going to be answering questions, 74 00:03:56,360 --> 00:03:59,280 but please keep in mind as they continue to come in, 75 00:03:59,280 --> 00:04:03,600 keep your questions short, as as short as you can so we can provide 76 00:04:03,600 --> 00:04:06,600 quick answers, so we can answer as many questions as possible. 77 00:04:07,080 --> 00:04:10,280 If you submit a question, there is no need to resubmit it. 78 00:04:10,520 --> 00:04:11,520 Okay. 79 00:04:11,520 --> 00:04:13,080 So it's not like it got lost somewhere. 80 00:04:13,080 --> 00:04:15,240 We might not be able to answer all questions, 81 00:04:15,240 --> 00:04:18,240 but resubmitting it doesn't necessarily help you. 82 00:04:18,760 --> 00:04:21,000 So the guys and Mariessa 83 00:04:21,000 --> 00:04:24,000 are going to be answering the questions today as quickly as they can. 84 00:04:24,600 --> 00:04:27,120 Mariessa is also going to be keeping an eye on some questions 85 00:04:27,120 --> 00:04:30,120 to ask me at the end, as well as the experts. 86 00:04:30,200 --> 00:04:32,880 And it's not because they're not answered in the Q&A, but maybe 87 00:04:32,880 --> 00:04:35,880 because we want to have a larger discussion about them. 88 00:04:36,120 --> 00:04:38,560 So please feel free to ask your questions there. 89 00:04:38,560 --> 00:04:42,000 And if you could please try and keep them relevant to today's topic, 90 00:04:42,000 --> 00:04:46,360 which is about basics of federal trademark searching. 91 00:04:47,160 --> 00:04:52,080 And I also wanted to let you know that a link to the slides and a link to a 92 00:04:52,080 --> 00:04:56,160 survey are going to be ending up in your inbox in about 90 minutes. 93 00:04:56,400 --> 00:05:00,120 Look for that. It's coming from Eventbrite and we want to know how today went. 94 00:05:00,120 --> 00:05:04,280 If you have any feedback that you would like to give us, any advice 95 00:05:04,280 --> 00:05:08,200 on ways we can do better or if you really enjoyed it, hey, let us know that too. 96 00:05:08,400 --> 00:05:11,520 So you're going to be getting a link to a very quick five-minute survey 97 00:05:12,000 --> 00:05:14,640 when today's presentation is over. 98 00:05:14,640 --> 00:05:15,520 So that's it 99 00:05:15,520 --> 00:05:17,320 with regard to the housekeeping. 100 00:05:17,320 --> 00:05:21,360 So let's go ahead and move into a look at today's topics. 101 00:05:21,720 --> 00:05:24,760 So I want to say this right now, we're about 5 minutes into it. 102 00:05:24,760 --> 00:05:27,160 I know people do tend to come in a little bit later. 103 00:05:27,160 --> 00:05:28,880 You're coming from meetings, you're coming from lunch, 104 00:05:28,880 --> 00:05:30,600 you got all sorts of things going on. 105 00:05:30,600 --> 00:05:32,520 I just want to make this very clear off the top. 106 00:05:32,520 --> 00:05:35,520 Today's session is basics. Okay. 107 00:05:35,960 --> 00:05:38,240 So if you are one of those experienced practitioners, 108 00:05:38,240 --> 00:05:41,880 one of those experienced paralegals, you probably already know 109 00:05:41,880 --> 00:05:44,320 a lot of the stuff we're going to be talking about today. 110 00:05:44,320 --> 00:05:47,880 If you came to one of the demos a couple of weeks ago or the 111 00:05:48,400 --> 00:05:52,200 "Transitioning from TESS to new search" webinar on September 19th, 112 00:05:52,440 --> 00:05:55,800 you probably already know a lot of the things we're going to talk about today. 113 00:05:56,120 --> 00:05:57,960 I want to be respectful of your time, 114 00:05:57,960 --> 00:06:01,360 so if you're already good on the basics, you can go ahead 115 00:06:01,360 --> 00:06:04,360 and feel free to clear out and then join us on October 16th. 116 00:06:04,400 --> 00:06:06,600 You, of course, are welcome to stay. 117 00:06:06,600 --> 00:06:08,800 But I also want to set expectations. 118 00:06:08,800 --> 00:06:11,280 We're going to be talking through basics today. 119 00:06:11,280 --> 00:06:11,880 As you can see, 120 00:06:11,880 --> 00:06:14,880 we're going to talk about what a trademark is very, very briefly. 121 00:06:14,920 --> 00:06:15,440 Okay. 122 00:06:15,440 --> 00:06:18,720 We're going to talk about what likelihood of confusion is and the importance 123 00:06:18,960 --> 00:06:21,960 of understanding likelihood of confusion. 124 00:06:21,960 --> 00:06:24,520 We're going to talk through some of the basics of federal trademark 125 00:06:24,520 --> 00:06:28,440 searching in terms of the basics of how to use the search system. 126 00:06:29,040 --> 00:06:31,760 So if you feel like you're good on all of these things or you've read 127 00:06:31,760 --> 00:06:36,920 through the basics tab in the search, the search system, you're probably okay. 128 00:06:37,120 --> 00:06:40,720 So I don't want you to spend time when you could be doing other things. 129 00:06:40,840 --> 00:06:44,840 But as always, you're welcome to come and hang out with us and ask your questions. 130 00:06:45,200 --> 00:06:48,720 So before we dive in, just a couple of quick disclaimers, 131 00:06:49,240 --> 00:06:52,040 as you know, we do not give legal advice. 132 00:06:52,040 --> 00:06:54,240 And so today is all about information. 133 00:06:54,240 --> 00:06:57,080 We want you to understand the mechanics of searching, 134 00:06:57,080 --> 00:06:59,520 but we're not going to tell you how to do conduct 135 00:06:59,520 --> 00:07:02,520 a complete, full, comprehensive, clearance search. 136 00:07:02,640 --> 00:07:05,600 And so what we're going to talk about today does not include everything you need 137 00:07:05,600 --> 00:07:08,720 to know about both federal and common law trademark rights. 138 00:07:09,000 --> 00:07:09,480 All right. 139 00:07:09,480 --> 00:07:13,520 So today is going to be very narrowly focused on what in the world 140 00:07:14,000 --> 00:07:16,880 federal trademark searching actually is and the basics 141 00:07:16,880 --> 00:07:19,880 of how you would start on that process. 142 00:07:19,960 --> 00:07:22,040 Okay, so let's hit those trademark basics. 143 00:07:22,040 --> 00:07:23,040 And the reason is 144 00:07:23,040 --> 00:07:27,040 because sometimes there are those of you who are new to the practice area, right? 145 00:07:27,040 --> 00:07:28,560 Maybe you're an attorney or paralegal. 146 00:07:28,560 --> 00:07:30,560 You're just getting into the trademark game, 147 00:07:30,560 --> 00:07:33,800 or maybe you're a business owner who's just starting out or, shoot, 148 00:07:33,960 --> 00:07:37,240 maybe you're a business owner who's been in the business for 20 years 149 00:07:37,240 --> 00:07:39,760 and you're like, "Yeah, I should look into this trademark thing." 150 00:07:39,760 --> 00:07:43,520 Well, let's talk it through and make sure we're all clear on what a trademark 151 00:07:43,560 --> 00:07:45,000 actually is. 152 00:07:45,000 --> 00:07:48,000 So as you can see on the screen, what do we talk about 153 00:07:48,000 --> 00:07:51,000 when we think about a trademark, legally, what we're thinking about is 154 00:07:51,080 --> 00:07:55,400 is it something that identifies the source of goods and services. 155 00:07:56,240 --> 00:07:56,640 Right. 156 00:07:56,640 --> 00:08:00,600 That key is the is the connection between the trademark 157 00:08:00,600 --> 00:08:04,080 itself, that brand name, the slogan, the logo, 158 00:08:04,360 --> 00:08:08,560 and it identifying the source of very specific goods and services 159 00:08:08,760 --> 00:08:12,200 and distinguishing them from the goods and services of another party. 160 00:08:12,600 --> 00:08:15,640 The easiest example really is to think about the last time 161 00:08:15,640 --> 00:08:18,880 you went to a restaurant, the waiter said," Hey, would you like something to drink?" 162 00:08:18,880 --> 00:08:20,760 And you said, "Yes, I would love a Coke." 163 00:08:20,760 --> 00:08:23,000 And he said, "Is a Pepsi okay?" 164 00:08:23,000 --> 00:08:26,000 That is a trademark in action. 165 00:08:26,160 --> 00:08:29,680 You are using the Coca-Cola trademark to indicate the source of the goods that 166 00:08:29,680 --> 00:08:30,960 you want. 167 00:08:30,960 --> 00:08:33,360 The waiter is using the Pepsi Cola trademark 168 00:08:33,360 --> 00:08:35,800 to indicate the source of the goods they actually provide. 169 00:08:35,800 --> 00:08:38,920 And both of those companies are using their trademarks 170 00:08:39,120 --> 00:08:42,560 to distinguish their products from their competitors. 171 00:08:43,200 --> 00:08:45,600 We see this every day in the marketplace, 172 00:08:45,600 --> 00:08:50,640 whether it's shoes or jeans or coffee or cars 173 00:08:50,640 --> 00:08:55,520 or tax accounting services or tax filing services, whatever it is. 174 00:08:55,680 --> 00:08:59,120 We're all using these trademarks, these brand names, 175 00:08:59,160 --> 00:09:03,880 these slogans, these logos to help us as consumers 176 00:09:04,080 --> 00:09:07,520 identify who it is that we want to work with in the marketplace, 177 00:09:07,840 --> 00:09:11,800 to identify which products it is that we want to buy in the marketplace. 178 00:09:12,320 --> 00:09:15,920 So for you as the business owner or you as the attorney 179 00:09:16,240 --> 00:09:20,760 who's representing that business owner, understanding that what a trademark is 180 00:09:20,760 --> 00:09:26,080 and that it indicates the source of very specific goods and services is key. 181 00:09:26,720 --> 00:09:30,040 Because in the end, one of the greatest driver of value 182 00:09:30,040 --> 00:09:33,080 for a business is going to be a trademark. 183 00:09:33,320 --> 00:09:38,280 You can create incredible value for your brand, for your business, 184 00:09:38,480 --> 00:09:40,000 through your trademark. 185 00:09:40,000 --> 00:09:40,840 And of course, 186 00:09:40,840 --> 00:09:44,560 that means that you want to make sure you're protecting your trademark. 187 00:09:44,720 --> 00:09:46,800 And one of the main ways that you protect 188 00:09:46,800 --> 00:09:50,360 your trademark is through federal trademark registration. 189 00:09:51,120 --> 00:09:54,360 So sometimes people get confused about it and they think, "Oh, 190 00:09:54,360 --> 00:09:58,680 I got to go to the USPTO to get a trademark or to buy a trademark 191 00:09:58,680 --> 00:10:01,920 or to find a trademark or to see which trademarks are available." 192 00:10:02,280 --> 00:10:04,920 Nope, that's actually not how it works. 193 00:10:04,920 --> 00:10:09,840 How it works is you have a trademark or your client has a trademark 194 00:10:10,040 --> 00:10:13,600 and your client or you as the business owner decide, "You know what? 195 00:10:13,760 --> 00:10:18,080 I have this thing that I use to indicate the source of my goods and services. 196 00:10:18,320 --> 00:10:22,040 I want to register it with the USPTO." 197 00:10:22,320 --> 00:10:26,520 And so you apply to register your trademark with us. 198 00:10:27,360 --> 00:10:29,600 The thing to keep in mind, however, is 199 00:10:29,600 --> 00:10:32,880 that not every trademark is registrable. 200 00:10:33,920 --> 00:10:35,800 There are reasons why a 201 00:10:35,800 --> 00:10:39,400 trademark can be refused registration. 202 00:10:40,080 --> 00:10:43,120 There is this application process that you go through, 203 00:10:43,360 --> 00:10:47,800 an examination process that your trademark goes through. 204 00:10:47,880 --> 00:10:51,360 It gets assigned to a trademark examining attorney who's going to be looking 205 00:10:51,600 --> 00:10:54,960 to see whether or not the trademark can move on to registration. 206 00:10:55,240 --> 00:10:55,960 And I'll tell you right 207 00:10:55,960 --> 00:10:59,960 now, as an examining attorney, because I was one for about ten years 208 00:10:59,960 --> 00:11:04,240 when I first started here at the agency, you want that trademark to move forward. 209 00:11:04,240 --> 00:11:09,400 You're not looking for reasons to reject it, but sometimes the situation 210 00:11:09,400 --> 00:11:13,360 is that you do have to refuse registration of that trademark. 211 00:11:14,120 --> 00:11:17,160 So that's something for you to keep in mind as that business owner 212 00:11:17,440 --> 00:11:21,800 or as that attorney or that paralegal helping out on the case. 213 00:11:22,000 --> 00:11:23,440 You want to keep that in mind. 214 00:11:23,440 --> 00:11:26,600 "Hey, I want to make sure that this application is 215 00:11:26,600 --> 00:11:30,920 in the prime shape of its life so we can move on to registration 216 00:11:31,040 --> 00:11:32,440 and not be refused." 217 00:11:32,440 --> 00:11:35,560 Because, remember, filing fees are not refundable. 218 00:11:35,840 --> 00:11:38,840 They pay for the examination process. 219 00:11:39,480 --> 00:11:40,080 Okay. 220 00:11:40,080 --> 00:11:43,560 So it's important to understand that it isn't a thing where you say, "Hey, 221 00:11:43,560 --> 00:11:46,920 I have my brand name, I now want it registered, here's my money. 222 00:11:46,920 --> 00:11:48,680 Good to go, right?" 223 00:11:48,680 --> 00:11:51,120 No, that's not how it works. 224 00:11:51,120 --> 00:11:54,640 And instead what happens is this examination process. 225 00:11:55,200 --> 00:11:58,920 And so what we're going to talk about right now is one of the main components 226 00:11:58,920 --> 00:12:02,920 of that examination process, and that is this 227 00:12:02,920 --> 00:12:06,240 concept of likelihood of confusion. 228 00:12:06,800 --> 00:12:09,440 And there might be some of you who are like, "Likelihood of confusion. 229 00:12:09,440 --> 00:12:11,520 Jason, what in the world are you talking about? 230 00:12:11,520 --> 00:12:13,920 I thought you're going to be talking about searching. 231 00:12:13,920 --> 00:12:16,800 I logged in for your webinar because I want to learn 232 00:12:16,800 --> 00:12:19,640 how to use your search system." 233 00:12:19,640 --> 00:12:20,680 Well, I'll tell you what. 234 00:12:22,080 --> 00:12:24,640 You have to understand likelihood of confusion 235 00:12:24,640 --> 00:12:27,360 in order to understand searching. 236 00:12:27,360 --> 00:12:28,840 And I'll tell you right now, 237 00:12:28,840 --> 00:12:31,600 in one of the webinars that we've done over the past couple of years, 238 00:12:31,600 --> 00:12:34,880 I was doing a webinar on searching and somebody wrote in in the feedback 239 00:12:34,880 --> 00:12:35,880 afterwards, "Oh, 240 00:12:35,880 --> 00:12:39,720 I wish Jason hadn't spent so much time talking about likelihood of confusion. 241 00:12:39,920 --> 00:12:42,920 I wish he'd talked about searching." 242 00:12:42,960 --> 00:12:46,680 Well, that points out to me I didn't do a good enough job of helping 243 00:12:46,680 --> 00:12:52,040 explain how likelihood of confusion is key in terms of searching. 244 00:12:52,320 --> 00:12:56,920 You cannot search unless you understand likelihood of confusion. 245 00:12:57,360 --> 00:13:00,160 And that's why we're going to spend the next couple of minutes 246 00:13:00,160 --> 00:13:03,760 talking about this concept, because it's going to come into play 247 00:13:03,800 --> 00:13:05,480 when you're doing your search 248 00:13:05,480 --> 00:13:07,360 in our system. So 249 00:13:08,600 --> 00:13:09,480 the concept of 250 00:13:09,480 --> 00:13:13,520 likelihood of confusion is really about making sure that consumers 251 00:13:13,520 --> 00:13:17,600 are not confused when they encounter two different things in the marketplace. 252 00:13:17,760 --> 00:13:20,160 They're not confused about the source 253 00:13:20,160 --> 00:13:23,000 of those goods or the source of those services 254 00:13:23,000 --> 00:13:25,800 when you're out and about in the marketplace. Right? 255 00:13:25,800 --> 00:13:27,080 So let's think about this, right? 256 00:13:27,080 --> 00:13:30,760 I think we've all heard of something called, I don't know, Coca-Cola, right. 257 00:13:30,760 --> 00:13:32,920 As a brand name for soft drinks. 258 00:13:32,920 --> 00:13:37,400 So let's say that you decided, you know what, I'm going to brew up my own version 259 00:13:37,400 --> 00:13:40,400 of a soft drink and I'm going to call mine Coca-Cola. 260 00:13:40,440 --> 00:13:43,480 But instead of C-O-C-A-hyphen- 261 00:13:43,480 --> 00:13:47,120 C-O-L-A, I'm going to spell mine with K's and Q's. 262 00:13:47,120 --> 00:13:48,000 Right? 263 00:13:48,000 --> 00:13:51,480 And let's say you do that, right, You get your stuff canned up 264 00:13:51,480 --> 00:13:54,960 and bottled up and you put it in packaging and somehow you get it into the store. 265 00:13:55,080 --> 00:13:58,120 It's sitting on the shelf right next to actual Coca-Cola. 266 00:13:58,960 --> 00:14:03,160 A consumer comes along and like, "Well, there's the Coca-Cola that I usually get it over here. 267 00:14:03,160 --> 00:14:05,800 There's this QOKA-QOLA. 268 00:14:05,800 --> 00:14:07,080 It's cheaper. 269 00:14:07,080 --> 00:14:09,000 Maybe I'm going to get that instead. 270 00:14:09,000 --> 00:14:11,560 I guess they're doing some sort of promotion, right?" 271 00:14:11,560 --> 00:14:13,200 We want to avoid that situation. 272 00:14:13,200 --> 00:14:16,560 Well, certainly the Coca-Cola Bottling company wants to avoid that situation, 273 00:14:17,040 --> 00:14:20,400 and you would want to avoid that too, if that happened to be your brand 274 00:14:20,640 --> 00:14:25,040 that somebody was sort of playing upon and confusing customers 275 00:14:25,040 --> 00:14:28,200 into thinking they're the same and then buying this other product. 276 00:14:28,920 --> 00:14:32,360 That's what we're looking to avoid: confusing consumers 277 00:14:32,480 --> 00:14:35,480 when they're encountering things in the marketplace. 278 00:14:36,160 --> 00:14:40,840 And the way that we do that, that we try and help avoid this confusion 279 00:14:41,040 --> 00:14:44,880 is when you apply to register your trademark with us. 280 00:14:45,120 --> 00:14:47,640 We're going to conduct a test. 281 00:14:47,640 --> 00:14:51,920 Now, it can be a pretty complex test with multiple factors, right? 282 00:14:52,440 --> 00:14:56,240 But in many ways, a boils down to two main factors 283 00:14:56,240 --> 00:14:57,720 that we're going to talk about today. 284 00:14:57,720 --> 00:15:01,120 The first is we're going to ask the question, "Are these two trademarks 285 00:15:01,120 --> 00:15:04,120 when we see them, confusingly similar?" 286 00:15:04,440 --> 00:15:04,680 Right. 287 00:15:04,680 --> 00:15:08,160 Think about COCA-COLA versus QOKA-QOLA, right? 288 00:15:08,280 --> 00:15:10,080 Are they confusingly similar? 289 00:15:10,080 --> 00:15:11,240 Do they look alike? 290 00:15:12,320 --> 00:15:14,880 Or do they sound alike? 291 00:15:14,880 --> 00:15:17,480 Or do they have a similar meaning? 292 00:15:17,480 --> 00:15:20,480 Or maybe a similar commercial impression? 293 00:15:20,760 --> 00:15:23,280 It doesn't have to be all of those. 294 00:15:23,280 --> 00:15:25,680 It can just be one of those. 295 00:15:25,680 --> 00:15:26,760 Okay. 296 00:15:26,760 --> 00:15:29,120 So if you're looking at two different trademarks, 297 00:15:29,120 --> 00:15:31,400 or you hear two different trademarks, 298 00:15:31,400 --> 00:15:32,720 is it causing confusion? 299 00:15:32,720 --> 00:15:35,000 Do they look alike? Sound alike? Have similar meaning? 300 00:15:35,000 --> 00:15:38,800 If so, we're going to move on to the second part of the test and ask, 301 00:15:38,800 --> 00:15:43,080 "Are these goods and services related?" Right. 302 00:15:43,080 --> 00:15:46,400 Because remember that relationship between the trademark itself 303 00:15:46,560 --> 00:15:49,640 and the underlying good and service is key. 304 00:15:49,800 --> 00:15:52,800 Without that relationship, without it indicating the source 305 00:15:52,800 --> 00:15:56,680 of specific goods and services, it's not a trademark. 306 00:15:56,840 --> 00:15:57,480 All right. 307 00:15:57,480 --> 00:16:01,320 We think Coca-Cola: soft drinks. McDonald's: hamburgers. 308 00:16:01,320 --> 00:16:05,160 Nike: shoes. Ford: trucks. Apple: phones. 309 00:16:05,280 --> 00:16:05,760 Right. 310 00:16:05,760 --> 00:16:07,320 So we always have in our head 311 00:16:07,320 --> 00:16:10,320 the connection between the trademark and the underlying good and service. 312 00:16:10,560 --> 00:16:15,240 So here we're comparing trademarks and we're saying, "Uh oh. Boy, these sure 313 00:16:15,240 --> 00:16:16,000 look alike. 314 00:16:16,000 --> 00:16:19,080 Well, let me take a look at these goods and services and determine 315 00:16:19,080 --> 00:16:20,160 if they're related." 316 00:16:21,480 --> 00:16:24,360 Now, related does not mean different. 317 00:16:24,360 --> 00:16:27,160 It does not mean identical. Right. 318 00:16:27,160 --> 00:16:28,400 That's not the test. 319 00:16:28,400 --> 00:16:30,800 That's not what we're looking for. Are these goods different? 320 00:16:30,800 --> 00:16:32,600 Nope. That's not what we're asking. 321 00:16:32,600 --> 00:16:35,280 All right. We're asking, are they related? 322 00:16:35,280 --> 00:16:38,400 And what that really means is, from the customer's point of view, 323 00:16:38,640 --> 00:16:42,240 are we as a consumer used to one company providing 324 00:16:42,240 --> 00:16:45,840 both of these goods under the same brand name? 325 00:16:46,640 --> 00:16:49,520 Are we used to one company or multiple companies 326 00:16:49,520 --> 00:16:53,960 using a single brand to deliver both of these types of services? 327 00:16:54,600 --> 00:16:58,960 Are these goods complementary or are they used together? 328 00:16:59,200 --> 00:17:02,040 These are the sorts of things we're going to be thinking about when 329 00:17:02,040 --> 00:17:05,040 we're trying to define what we mean by related. 330 00:17:05,680 --> 00:17:07,920 Remember, there's no bright line rule here. 331 00:17:07,920 --> 00:17:12,120 It's not always "if this, than this." We're going to always be looking at the evidence 332 00:17:12,480 --> 00:17:17,440 to determine whether particular goods or services happen to be related. 333 00:17:18,400 --> 00:17:18,800 All right. 334 00:17:18,800 --> 00:17:23,280 So some of you sharp folks who are on today, you're probably thinking, "Huh. 335 00:17:23,520 --> 00:17:24,480 Okay. 336 00:17:24,480 --> 00:17:30,320 So, Jason, what I'm hearing here is you have to have a yes to the confusingly 337 00:17:30,320 --> 00:17:33,640 similar trademarks and a and also to the related goods and services. 338 00:17:33,760 --> 00:17:36,640 So that means if one of those is a no, it's no problem, 339 00:17:36,640 --> 00:17:37,480 right?" 340 00:17:37,480 --> 00:17:41,280 And the answer is, yeah, you're absolutely right. 341 00:17:41,800 --> 00:17:42,160 Right. 342 00:17:42,160 --> 00:17:45,080 If one of these is a no, there's probably not going to be 343 00:17:45,080 --> 00:17:48,080 a likelihood of confusion, probably no refusal. 344 00:17:48,120 --> 00:17:50,320 Let me give you an example. 345 00:17:50,320 --> 00:17:55,240 If I said the trademark DOVE, what do you think of? Some of you 346 00:17:55,240 --> 00:18:00,000 probably immediately thought chocolate, Some of you immediately thought soap and 347 00:18:00,000 --> 00:18:00,760 that's right. 348 00:18:00,760 --> 00:18:03,560 Both of the trademarks, DOVE 349 00:18:03,560 --> 00:18:06,480 co-exists in the marketplace with another DOVE 350 00:18:06,480 --> 00:18:10,600 because the goods that they come with or are used with are unrelated. 351 00:18:11,080 --> 00:18:14,360 We're not used to one company using a singular trademark 352 00:18:14,360 --> 00:18:17,760 for both chocolate and soap. Right. 353 00:18:17,920 --> 00:18:21,960 Or DOVE for ice cream bars and DOVE for soap. 354 00:18:22,720 --> 00:18:23,160 Right. 355 00:18:23,160 --> 00:18:25,840 So they can co-exist in the marketplace. 356 00:18:25,840 --> 00:18:27,800 Think about DELTA, right? 357 00:18:27,800 --> 00:18:30,840 We know multiple trademarks that are DELTA trademarks 358 00:18:30,960 --> 00:18:32,880 and they all co-exist because they're used 359 00:18:32,880 --> 00:18:35,400 with goods and services that are unrelated. 360 00:18:35,400 --> 00:18:39,920 DELTA for airline services, DELTA for plumbing fixtures, DELTA 361 00:18:39,920 --> 00:18:43,800 for a moving company, DELTA for dental services. 362 00:18:44,480 --> 00:18:44,760 Right. 363 00:18:44,760 --> 00:18:45,760 They all coexist. 364 00:18:45,760 --> 00:18:49,000 And that's okay because as consumers, we're not used to a company 365 00:18:49,000 --> 00:18:50,560 providing airline services, 366 00:18:50,560 --> 00:18:54,840 also providing the plumbing fixtures that we buy at our local hardware store. 367 00:18:55,440 --> 00:18:56,320 Okay. 368 00:18:56,320 --> 00:19:00,120 So this concept of likelihood of confusion is key because this enters 369 00:19:00,120 --> 00:19:04,120 into the analysis that we do when we're using the search system. 370 00:19:04,720 --> 00:19:07,840 And the reason that this is important is because 371 00:19:08,280 --> 00:19:11,280 when you apply to register your trademark with us, 372 00:19:11,400 --> 00:19:15,120 as I noted, the examining attorney is going to examine your application. 373 00:19:15,320 --> 00:19:18,480 She is going to look in our database and she's going to look to see 374 00:19:18,600 --> 00:19:21,960 is there a trademark in there that is confusingly similar? 375 00:19:22,560 --> 00:19:22,920 Right. 376 00:19:22,920 --> 00:19:26,440 And in addition, is that is that similar looking trademark 377 00:19:26,560 --> 00:19:30,160 also used with goods and services that are related to yours? 378 00:19:30,280 --> 00:19:33,280 And if so, she's going to have to issue a refusal. 379 00:19:33,720 --> 00:19:37,240 If one of these bullets is a no, hey, no problem there. 380 00:19:37,640 --> 00:19:39,440 There could be other issues, but no problem here 381 00:19:39,440 --> 00:19:41,400 were likelihood of confusion. 382 00:19:41,400 --> 00:19:45,960 So it's important that you understand and know what's in our database. 383 00:19:46,400 --> 00:19:48,880 That's what searching in our database is all about. 384 00:19:48,880 --> 00:19:49,720 Right? 385 00:19:49,720 --> 00:19:52,680 Trying to look in advance to see if the examining attorney 386 00:19:52,680 --> 00:19:55,680 might have a reason that she has to refuse registration. 387 00:19:56,400 --> 00:19:58,840 So sometimes it's helpful to do a little bit 388 00:19:58,840 --> 00:20:02,040 of a little hypothetical 389 00:20:02,640 --> 00:20:05,040 to try and see, make sure we understand the concept. 390 00:20:05,040 --> 00:20:05,960 So I'm going to run 391 00:20:05,960 --> 00:20:09,720 through a couple of hypotheticals and then I'm going to ask you a knowledge check. 392 00:20:09,720 --> 00:20:12,560 Okay. So for those of you who like polling, get ready. 393 00:20:12,560 --> 00:20:13,880 There's one coming up here in a little bit. 394 00:20:13,880 --> 00:20:15,480 Okay, get your fingers ready. Okay. 395 00:20:15,480 --> 00:20:19,080 So let's say that we as an as a group right here, 396 00:20:19,080 --> 00:20:22,840 all of us together, we decided, "Hey, we're going to form our own company 397 00:20:23,080 --> 00:20:27,880 and we're going to register T.MARKEY as a brand name for shirts." 398 00:20:28,680 --> 00:20:32,760 And so we apply to register T.MARKEY as a brand name for shirts. 399 00:20:32,960 --> 00:20:36,040 Examining attorney looks in the database, and she discovers 400 00:20:36,240 --> 00:20:40,320 there's something already registered that's T.MARKEY brand for pants. 401 00:20:41,280 --> 00:20:43,000 Is that going to be a problem? 402 00:20:43,000 --> 00:20:44,520 Well, we do the analysis. 403 00:20:44,520 --> 00:20:46,200 Is T.MARKEY similar to T.MARKEY? 404 00:20:47,240 --> 00:20:49,160 Yes, they're identical. 405 00:20:49,160 --> 00:20:51,400 It doesn't have to be, but they are. 406 00:20:51,400 --> 00:20:55,440 And so then we ask the question, are shirts related to pants? 407 00:20:56,400 --> 00:20:59,280 Well, I think we all know the answer to that is yes. 408 00:20:59,280 --> 00:21:01,040 And there's going to be plenty of evidence 409 00:21:01,040 --> 00:21:05,560 that companies that do, you know, shirts also do pants. 410 00:21:05,560 --> 00:21:07,480 Right. And they're going to sell them under the same brand name. 411 00:21:07,480 --> 00:21:09,280 Think your Lee's and your Levi's 412 00:21:09,280 --> 00:21:12,680 and your Nike's and your Reeboks and your Adidas and whatever. 413 00:21:13,560 --> 00:21:17,760 Clothing companies are using the same brand on shirts that they are on pants. 414 00:21:18,120 --> 00:21:20,400 So here shirts and pants are going to be considered related. 415 00:21:20,400 --> 00:21:24,240 So in this case, the examining attorney would refuse registration 416 00:21:24,560 --> 00:21:26,720 of our trademark. 417 00:21:26,720 --> 00:21:29,800 Let's tweak that hypothetical a little bit. 418 00:21:30,080 --> 00:21:31,680 Let's say we apply to register 419 00:21:31,680 --> 00:21:35,120 T.MARKEY as a brand name for shirts the examining attorney discovers 420 00:21:35,120 --> 00:21:38,560 in the database TEE MARQEE has been registered for pants. 421 00:21:39,160 --> 00:21:40,560 Is this a problem? 422 00:21:40,560 --> 00:21:41,520 Well, again, we do 423 00:21:41,520 --> 00:21:44,400 the analysis. Is T.MARKEY similar to 424 00:21:44,400 --> 00:21:47,080 TEE MARQEE? Yes, right. 425 00:21:47,080 --> 00:21:50,600 They might not look alike, but they sound alike. 426 00:21:51,000 --> 00:21:52,720 And so these are similar. 427 00:21:52,720 --> 00:21:54,640 And we already know that shirts and pants are related. 428 00:21:54,640 --> 00:21:57,720 So again, there would be a likelihood of confusion. 429 00:21:58,480 --> 00:22:01,320 Let's change up that analysis one more time. 430 00:22:01,320 --> 00:22:03,000 So we apply to register 431 00:22:03,000 --> 00:22:04,720 T.MARKEY as a brand name for shirts. 432 00:22:04,720 --> 00:22:09,840 Examining attorney discovers TEE MARQEE has been registered for golf flags. 433 00:22:10,480 --> 00:22:11,960 Is this going to be a problem? 434 00:22:12,920 --> 00:22:14,400 Yeah, that's a good question. 435 00:22:14,400 --> 00:22:14,840 Right. 436 00:22:14,840 --> 00:22:19,200 So we're going to do the analysis. T.MARKEY similar to TEE MARQEE? Yes, 437 00:22:19,440 --> 00:22:22,920 but are shirts related to golf flags? 438 00:22:24,600 --> 00:22:26,720 I got to be honest with you, I don't know. 439 00:22:26,720 --> 00:22:27,120 All right. 440 00:22:27,120 --> 00:22:31,240 If I was the examining attorney, I would absolutely be doing research 441 00:22:31,240 --> 00:22:35,240 to determine whether there are companies out there using the same brand name 442 00:22:35,240 --> 00:22:39,600 for shirts as they are for their golf flags or in reverse. 443 00:22:39,760 --> 00:22:42,920 There's a golf flag company that is also using their same 444 00:22:42,920 --> 00:22:45,920 brand for a for a line of shirts. 445 00:22:45,960 --> 00:22:49,760 Okay, now, look, I don't know the answer to the question, right? 446 00:22:49,760 --> 00:22:51,640 So we'd have to figure that out. 447 00:22:51,640 --> 00:22:52,440 Probably 448 00:22:52,440 --> 00:22:55,480 there are not a lot of golf flag companies out there 449 00:22:55,480 --> 00:22:59,160 that also have a brand of shirts that they're doing. 450 00:22:59,880 --> 00:23:03,240 Probably not, but we would just need to do some research to find out. 451 00:23:04,160 --> 00:23:07,320 And that's because, the reason I raise that, is because 452 00:23:07,320 --> 00:23:11,280 that's also research that you can do before you file. 453 00:23:11,760 --> 00:23:15,120 All of this stuff is stuff that you can do before 454 00:23:15,120 --> 00:23:18,600 you file, because remember, there's no refund of your filing fee. 455 00:23:18,840 --> 00:23:23,040 So if you want to save yourself 250 bucks at a minimum, 456 00:23:23,480 --> 00:23:27,360 you can do all of this work before you actually file. 457 00:23:27,840 --> 00:23:29,840 Okay. So now it's time for the knowledge check. 458 00:23:29,840 --> 00:23:34,560 So, Jay, if you could. If you could throw that first poll out there, we'll see. 459 00:23:35,080 --> 00:23:37,800 So the folks you know, I should maybe I should mention 460 00:23:37,800 --> 00:23:40,800 this off the top sometimes there's some issues if you're on mobile, 461 00:23:40,880 --> 00:23:42,280 okay, with doing a poll, 462 00:23:42,280 --> 00:23:45,280 you might run into some problems. Most of you on desktop should be okay. 463 00:23:45,440 --> 00:23:48,000 But here in this case, look, there's some people answering already. 464 00:23:48,000 --> 00:23:49,520 I love it. Okay. 465 00:23:49,520 --> 00:23:52,800 So let's say that we as a group decided we were going to register 466 00:23:52,800 --> 00:23:55,800 TRAQ as a brand name for racquetball rackets. 467 00:23:55,800 --> 00:23:58,640 But we remembered, oh, I went to the searching webinar. 468 00:23:58,640 --> 00:24:01,240 Let's look into the database first. 469 00:24:01,240 --> 00:24:03,000 And we look in the database and we discover 470 00:24:03,000 --> 00:24:06,000 there's already a registration for TRAK for snow skis. 471 00:24:06,480 --> 00:24:09,840 And so we're doing this analysis that a ton of you are already doing. 472 00:24:09,840 --> 00:24:10,720 Oh, that's amazing. 473 00:24:10,720 --> 00:24:11,600 Love it. 474 00:24:11,600 --> 00:24:14,600 And so we're going to do: is TRAQ similar to TRAK? 475 00:24:14,760 --> 00:24:16,040 Yeah, right. 476 00:24:16,040 --> 00:24:19,560 They they don't they kind of look alike, but they certainly sound alike. 477 00:24:19,840 --> 00:24:24,840 And so the trickier bit is are racquetball rackets related to snow skis? 478 00:24:25,280 --> 00:24:27,440 And I see some of you are answering "no." 479 00:24:27,440 --> 00:24:30,440 Hey, you know, I get it right. 480 00:24:31,080 --> 00:24:34,320 The question is, are there sporting good companies that are out there 481 00:24:34,480 --> 00:24:37,560 that are making racquetball rackets and also making snow skis? 482 00:24:37,800 --> 00:24:40,080 And again, this would be research based. 483 00:24:40,080 --> 00:24:42,520 It's going to be evidence based. 484 00:24:42,520 --> 00:24:46,320 And I'll tell you in this case, those of you who are answering "yes" right 485 00:24:46,320 --> 00:24:50,320 now, you would be in agreement with the Trademark Trial and Appeal Board 486 00:24:50,800 --> 00:24:54,000 who determined "yes." At that time, in 1981, 487 00:24:54,480 --> 00:24:55,280 there was evidence 488 00:24:55,280 --> 00:24:59,000 that manufacturers of racquetball rackets are also the manufacturers of snow skis, 489 00:24:59,280 --> 00:25:03,960 or that the consuming public is going to assume that these are related. 490 00:25:04,600 --> 00:25:08,680 So in this case, this would be a refusal. 491 00:25:08,720 --> 00:25:12,920 So if we were TRAQ, T-R-A-Q, we might decide, oh, 492 00:25:13,000 --> 00:25:16,040 maybe we should think about a different trademark 493 00:25:16,200 --> 00:25:16,720 because we're 494 00:25:16,720 --> 00:25:17,760 not going to be able to register it 495 00:25:17,760 --> 00:25:21,280 because there's already TRAK registered for these snow skis. 496 00:25:21,720 --> 00:25:23,960 So great job on this poll. 497 00:25:23,960 --> 00:25:25,920 Thank you, Jay. You can close that out. 498 00:25:25,920 --> 00:25:29,720 But you know, for those of you who said "no," hey, I'm with you, 499 00:25:29,760 --> 00:25:32,760 this really underscores the difficulty 500 00:25:32,840 --> 00:25:36,480 that we sometimes encounter when we're doing this searching. 501 00:25:37,000 --> 00:25:40,000 As I said, it is not a bright line rule. 502 00:25:40,160 --> 00:25:42,800 There is no "if this, then this," right. 503 00:25:42,800 --> 00:25:46,520 If racquetball rackets, therefore, it must be related to snow skis. 504 00:25:47,880 --> 00:25:51,040 In this case, it turns out there was evidence that it was, right. 505 00:25:51,160 --> 00:25:51,720 But it might be 506 00:25:51,720 --> 00:25:55,200 the evidence is not there, in which case the two of them could coexist. 507 00:25:55,960 --> 00:25:58,200 So really, it depends on you 508 00:25:58,200 --> 00:26:01,760 figuring out that similarity and you figuring out that relatedness. 509 00:26:02,360 --> 00:26:04,920 Now, I want to say one thing real quick with regard to relatedness 510 00:26:04,920 --> 00:26:07,920 before we move on to different parts of searching. 511 00:26:08,120 --> 00:26:12,360 One thing that you will see right here is there is nowhere listed on this slide 512 00:26:12,880 --> 00:26:16,720 or in any of the examples, a classification number 513 00:26:17,400 --> 00:26:20,400 for where those goods or those services happen to appear. 514 00:26:20,400 --> 00:26:23,880 And the reason I raise this right here is because sometimes people say, "Huh, 515 00:26:24,120 --> 00:26:28,720 okay, so if I can. I register TRAQ like in this one class, 516 00:26:28,720 --> 00:26:31,840 sometimes people call them categories, and somebody can else register 517 00:26:32,400 --> 00:26:35,520 the same trademark in this other class or category over here." 518 00:26:36,040 --> 00:26:38,160 That's not the analysis. Okay? 519 00:26:38,160 --> 00:26:41,160 That is not how likelihood of confusion is figured out. 520 00:26:41,160 --> 00:26:45,240 It's not based on, "Hey, your goods are in this class, your goods are in this class. 521 00:26:45,240 --> 00:26:48,240 You're okay." That is not how it works. 522 00:26:48,320 --> 00:26:51,680 It is always based upon the relatedness of the specific 523 00:26:51,680 --> 00:26:54,680 goods and specific services. 524 00:26:54,960 --> 00:26:55,600 Okay. 525 00:26:55,600 --> 00:26:57,560 So we can talk about that a little bit later 526 00:26:57,560 --> 00:27:00,560 on when we're talking about filtering down and things like that. 527 00:27:00,600 --> 00:27:03,480 But I just want to make sure I'm highlighting that here, because sometimes 528 00:27:03,480 --> 00:27:06,960 there is that misconception that out of the 45 international classes, 529 00:27:07,080 --> 00:27:10,080 somebody could have, like you could have 45 different folks, 530 00:27:10,200 --> 00:27:12,600 each kind of like owning it in different classes. 531 00:27:12,600 --> 00:27:14,400 Nope, that is not how it works. 532 00:27:14,400 --> 00:27:16,040 And that's because you will find that 533 00:27:16,040 --> 00:27:19,040 goods and services are related across classes. 534 00:27:19,360 --> 00:27:21,160 It's not a numbers game, okay? 535 00:27:21,160 --> 00:27:24,880 It's all based upon the specific language in your application and in 536 00:27:24,880 --> 00:27:25,720 the registration. 537 00:27:26,680 --> 00:27:27,280 All right. 538 00:27:27,280 --> 00:27:28,440 So very briefly, 539 00:27:28,440 --> 00:27:32,200 let's let's talk about what in the world comprehensive clearance searching is. 540 00:27:32,760 --> 00:27:36,000 So we want to look at it big picture most of the time 541 00:27:36,000 --> 00:27:39,000 to do a full on comprehensive clearance search 542 00:27:39,240 --> 00:27:42,840 you're going to hire an experienced trademark attorney to do it for you. 543 00:27:43,120 --> 00:27:43,440 Right. 544 00:27:43,440 --> 00:27:46,800 And that's because your search is going to include not just our database, 545 00:27:47,040 --> 00:27:48,720 but you're also going to want to look in state 546 00:27:48,720 --> 00:27:52,800 databases, business name registries, foreign trademark databases, the Internet. 547 00:27:52,960 --> 00:27:53,960 You're also going to want to probably 548 00:27:53,960 --> 00:27:57,960 look at domain name registries and things like that, a whole bunch of other sources 549 00:27:57,960 --> 00:28:00,960 that are out there that I can't even think of in the moment. 550 00:28:01,120 --> 00:28:04,280 And that's because you want to have a big picture idea 551 00:28:04,920 --> 00:28:08,560 of what trademarks are already being used out there 552 00:28:08,880 --> 00:28:12,960 and the goods and services that they're being used with. 553 00:28:13,440 --> 00:28:17,960 Okay, you want to have this awareness, the situational awareness 554 00:28:18,200 --> 00:28:21,200 of all of these other things that are going on to make sure 555 00:28:21,200 --> 00:28:24,200 that you're not going to cause confusion with those. 556 00:28:25,000 --> 00:28:26,640 Is that easy? 557 00:28:26,640 --> 00:28:28,960 No, not necessary, really. Right. 558 00:28:28,960 --> 00:28:32,520 And that's why hiring an experienced trademark attorney is sometimes 559 00:28:32,520 --> 00:28:36,720 a really great idea, because that attorney has been doing it for a while. 560 00:28:36,800 --> 00:28:39,840 They can probably go through the search much more quickly than you can. 561 00:28:40,040 --> 00:28:43,040 They inherently now understand likelihood of confusion. 562 00:28:43,240 --> 00:28:43,520 Right? 563 00:28:43,520 --> 00:28:46,880 So we often recommend working with an experienced trademark attorney 564 00:28:46,880 --> 00:28:51,680 because they can bring those years of experience to the project, right. 565 00:28:51,680 --> 00:28:54,480 To that problem. Right. That's why you hire them. 566 00:28:54,480 --> 00:28:58,240 But I get it. For some of you are like, "Hey, Jason, I don't want to do that. 567 00:28:58,440 --> 00:29:00,240 I want to do it on my own." 568 00:29:00,240 --> 00:29:02,080 Hey, cool. That's fine. 569 00:29:02,080 --> 00:29:04,560 If you're domiciled here in the United States, that's not a problem. 570 00:29:04,560 --> 00:29:07,200 You can do it yourself. You can represent yourself before the office. 571 00:29:08,520 --> 00:29:09,720 So just be aware. 572 00:29:09,720 --> 00:29:12,720 It can be a pretty big thing to do. 573 00:29:13,040 --> 00:29:15,320 At a very least, though, if you want to do it on your own, 574 00:29:15,320 --> 00:29:17,400 there are two things that we do recommend. 575 00:29:17,400 --> 00:29:19,960 One would be looking in our database 576 00:29:19,960 --> 00:29:22,920 because that's where your federal refusal would come from, 577 00:29:22,920 --> 00:29:24,840 from something inside our database. 578 00:29:24,840 --> 00:29:27,120 And we also recommend that you look online. 579 00:29:27,120 --> 00:29:30,480 You want to look for those common law trademark rights that are out there, 580 00:29:30,480 --> 00:29:30,880 right? 581 00:29:30,880 --> 00:29:33,880 Somebody who hasn't registered their trademark with our office, 582 00:29:34,080 --> 00:29:36,360 which means there's nothing in the database. Right. 583 00:29:36,360 --> 00:29:38,760 But they still have strong trademark rights. 584 00:29:38,760 --> 00:29:42,280 And that's because trademark rights in the United States are based on use. 585 00:29:42,800 --> 00:29:45,520 And there's no requirement that you register with us. 586 00:29:45,520 --> 00:29:49,800 So it's quite possible somebody is out there, never registered their trademark 587 00:29:49,800 --> 00:29:53,240 with us, but have very strong common law trademark rights, 588 00:29:53,440 --> 00:29:56,840 and they could pop up and potentially file an opposition 589 00:29:56,840 --> 00:30:00,880 or eventually a cancellation against you if you were to move on to registration. 590 00:30:01,280 --> 00:30:04,200 So at a very least, folks, if you're out there, 591 00:30:04,200 --> 00:30:07,200 if you want to do this on your own, okay, cool. 592 00:30:07,560 --> 00:30:09,200 Go for it. Right. 593 00:30:09,200 --> 00:30:13,200 But please make sure you're at least checking these two things, our database 594 00:30:13,440 --> 00:30:16,440 and also looking online for those common law trademark rights. 595 00:30:17,000 --> 00:30:20,400 Okay, so let's say that you say, "Okay, Jason, 596 00:30:20,400 --> 00:30:23,400 I do want to do this on my own. 597 00:30:23,480 --> 00:30:26,280 I want to look in your database." Okay, cool. 598 00:30:26,280 --> 00:30:27,200 So I want to show 599 00:30:27,200 --> 00:30:30,120 you real quick demonstration of how you could go about that. 600 00:30:30,120 --> 00:30:30,960 All right. 601 00:30:30,960 --> 00:30:33,800 So let's say that you wanted to register 602 00:30:33,800 --> 00:30:37,240 RABBIT as a brand name for your racquetball rackets. 603 00:30:37,240 --> 00:30:41,640 So you decided TRAK no good because of those snow skis. 604 00:30:41,640 --> 00:30:45,840 So therefore, I'm going to register RABBIT as a brand name for racquetball rackets. 605 00:30:46,080 --> 00:30:48,480 So here is what you would do. 606 00:30:49,600 --> 00:30:51,720 I am going to show you my screen here. 607 00:30:51,720 --> 00:30:53,800 Hey, let me bump this up one more time. 608 00:30:53,800 --> 00:30:55,320 Just make it a little bit bigger. Okay? 609 00:30:55,320 --> 00:30:57,080 This is our homepage. 610 00:30:57,080 --> 00:30:59,920 This is USPTO.gov. 611 00:30:59,920 --> 00:31:03,000 And so there are multiple ways you could kind of get to searching. 612 00:31:03,760 --> 00:31:06,960 Typically, we always use "Find it fast" up here on the right-hand side. 613 00:31:07,440 --> 00:31:09,840 TESS over here is going to be going away very soon. 614 00:31:09,840 --> 00:31:11,400 Let's see what happens if we click it. 615 00:31:11,400 --> 00:31:12,680 I'm not sure what it goes to. 616 00:31:12,680 --> 00:31:14,320 Okay. Yeah. We don't want to do that. 617 00:31:14,320 --> 00:31:15,680 I should have checked that beforehand. 618 00:31:15,680 --> 00:31:19,520 So what I'm going to recommend right now anyway is you hover over "Trademarks" up 619 00:31:19,520 --> 00:31:23,520 here on the megamenu at the top and in the second column is this thing 620 00:31:23,720 --> 00:31:26,720 "Searching trademarks" under "Application process." 621 00:31:27,240 --> 00:31:28,720 Go ahead and click that link. 622 00:31:28,720 --> 00:31:31,120 It's going to bring you to the searching page. 623 00:31:31,120 --> 00:31:33,600 As you can see right now, we're kind of still in a beta phase 624 00:31:33,600 --> 00:31:36,920 with this new version of our searching system. 625 00:31:38,240 --> 00:31:39,840 I don't know if it's officially a beta or not. 626 00:31:39,840 --> 00:31:41,520 It's out there right now. 627 00:31:41,520 --> 00:31:43,560 So here, let me 628 00:31:43,560 --> 00:31:44,760 reload that thing. 629 00:31:44,760 --> 00:31:48,120 Okay, so this is what our search system 630 00:31:48,120 --> 00:31:51,120 looks like, the newer version of our search system. 631 00:31:51,200 --> 00:31:53,320 So let's say you wanted to search for RABBIT. 632 00:31:53,320 --> 00:31:57,120 What you would do is you would type of the word in, pretty self-explanatory. 633 00:31:57,600 --> 00:32:00,640 But before you search, here's what I would recommend. 634 00:32:01,360 --> 00:32:05,160 Instead of searching by all, you would instead select "wordmark" 635 00:32:05,480 --> 00:32:08,000 because you're going to look for a trademark. 636 00:32:08,000 --> 00:32:09,920 Let me just define this a little bit more. 637 00:32:09,920 --> 00:32:13,000 If you do "search by all" this means this is looking in 638 00:32:13,000 --> 00:32:16,600 every single little corner of our database. 639 00:32:17,520 --> 00:32:20,880 Do you need to do that if you're doing a search for a trademark? 640 00:32:21,480 --> 00:32:26,640 No, because what that will pull otherwise is if it's in someone's name 641 00:32:27,000 --> 00:32:29,720 or that like the owner name or maybe they live at 123 642 00:32:29,720 --> 00:32:33,560 Rabbit Drive, is that going to be a problem in your trademark search? 643 00:32:33,600 --> 00:32:36,680 No, it doesn't matter what street they happen to be on. 644 00:32:36,760 --> 00:32:38,600 What matters is the trademarks. 645 00:32:38,600 --> 00:32:41,440 Okay? So if you're going to do a trademark search, 646 00:32:41,440 --> 00:32:44,720 what you'd want to do is move over here to the wordmark search, 647 00:32:45,120 --> 00:32:48,120 and then you'd hit the button, or you probably just hit 648 00:32:48,120 --> 00:32:51,120 enter and it's going to get you your results. 649 00:32:51,360 --> 00:32:53,680 Now, this is what it kind of looks like, right? 650 00:32:53,680 --> 00:32:57,360 You can see right now we have oh, wow, almost 2000 results for RABBIT. 651 00:32:57,880 --> 00:32:59,160 So here's the deal, folks. 652 00:32:59,160 --> 00:33:03,320 As you can see, our first two tiles up here, they say "dead" and "cancelled." 653 00:33:03,960 --> 00:33:08,640 If something is dead in our database, it is not going to be cited against you 654 00:33:09,280 --> 00:33:12,720 because the application or registration is no longer moving forward. 655 00:33:12,720 --> 00:33:14,960 It's no longer active in our database. 656 00:33:14,960 --> 00:33:16,560 It would not be a cite. 657 00:33:16,560 --> 00:33:19,840 So what you could do is go over here on the left-hand side, 658 00:33:20,280 --> 00:33:24,480 deselect where it says "dead," and all of those will go away. 659 00:33:24,840 --> 00:33:27,400 And so now you're down to 781. 660 00:33:27,400 --> 00:33:30,080 Hey, that's a lot of trademarks to look through. 661 00:33:30,080 --> 00:33:30,760 Okay. 662 00:33:30,760 --> 00:33:32,280 So when we get a little 663 00:33:32,280 --> 00:33:35,400 deeper into searching, we'll talk about how to filter things down. 664 00:33:36,040 --> 00:33:39,040 But that's a quick and easy way to make sure you're only looking at live 665 00:33:39,040 --> 00:33:42,040 marks is to go ahead and turn off the dead. 666 00:33:42,120 --> 00:33:44,800 So once you get your, you get this down to the stuff 667 00:33:44,800 --> 00:33:47,040 you want to look at, here's what you would do. 668 00:33:47,040 --> 00:33:50,880 Remember our "looking at trademarks, looking at goods and services." 669 00:33:51,160 --> 00:33:53,640 Same thing here. You're going to register RABBIT, 670 00:33:53,640 --> 00:33:54,840 you would look at this, huh, 671 00:33:54,840 --> 00:33:57,280 this one right here says RABBIT RABBIT. 672 00:33:57,280 --> 00:33:58,160 Could that be a problem? 673 00:33:58,160 --> 00:34:00,880 RABBIT RABBIT versus RABBIT. 674 00:34:00,880 --> 00:34:02,400 Yeah, that's potentially a problem. 675 00:34:02,400 --> 00:34:04,720 So maybe there's similarity in the trademarks. 676 00:34:04,720 --> 00:34:06,960 Let's think about what the goods and services are. 677 00:34:06,960 --> 00:34:09,280 We want to register for racquetball rackets. 678 00:34:09,280 --> 00:34:11,440 We can see right here for barber services. 679 00:34:11,440 --> 00:34:13,160 Hair care services. 680 00:34:13,160 --> 00:34:16,080 ANd we can expand this a little bit to look more what they have: 681 00:34:17,360 --> 00:34:19,920 hair care, haircutting, hair styling. 682 00:34:19,920 --> 00:34:20,480 Right. 683 00:34:20,480 --> 00:34:23,480 Do people who who manufacture 684 00:34:23,760 --> 00:34:26,880 racquetball rackets also do barbering and hair care services? 685 00:34:27,160 --> 00:34:28,720 Typically not. Right. 686 00:34:28,720 --> 00:34:32,400 So we might assume, hey, this one's not going to be a problem for me. 687 00:34:32,400 --> 00:34:33,840 Let's move on to the next one. 688 00:34:33,840 --> 00:34:37,040 We look at this one RABBIT RABBIT over here for bubble 689 00:34:37,040 --> 00:34:40,160 tea and coffee shops and probably coffee and tea bars. 690 00:34:40,160 --> 00:34:40,920 There you go. Yeah. 691 00:34:40,920 --> 00:34:45,080 Mobile cafe. Is that going to be a problem for us, you know, probably not. 692 00:34:45,080 --> 00:34:45,280 Right. 693 00:34:45,280 --> 00:34:46,760 Those are probably unrelated. 694 00:34:46,760 --> 00:34:49,240 We move down here. RABBIT RABBIT. 695 00:34:49,240 --> 00:34:49,640 Okay. 696 00:34:49,640 --> 00:34:52,640 Still, that could be a problem for leggings, shirts, tank tops, and t-shirts. 697 00:34:53,360 --> 00:34:54,920 Could that be a problem for us? 698 00:34:54,920 --> 00:34:56,280 Hey, maybe. We would want 699 00:34:56,280 --> 00:35:00,440 to do some research to find out if sporting goods manufacturers also do 700 00:35:00,840 --> 00:35:05,280 a brand name of shirts, leggings, tank tops. 701 00:35:05,680 --> 00:35:08,040 Could that be a problem? Maybe. Right. 702 00:35:08,040 --> 00:35:10,160 We look over here, there's MILKI RABBIT. 703 00:35:10,160 --> 00:35:13,440 Also for appears to be more clothing, different things. 704 00:35:14,320 --> 00:35:16,080 That'd be a problem potentially. Right. 705 00:35:16,080 --> 00:35:18,120 So we kind of would move through. Hey, 706 00:35:19,400 --> 00:35:19,680 somebody who 707 00:35:19,680 --> 00:35:22,680 does racquetball rackets, also do table syrups and molasses? 708 00:35:22,760 --> 00:35:25,320 Probably not. Rabbit feed, probably not. 709 00:35:25,320 --> 00:35:25,600 Right. 710 00:35:25,600 --> 00:35:28,280 So we would go through and do that analysis for all of these 711 00:35:28,280 --> 00:35:32,040 because remember, we're comparing our trademark to what we see in the database. 712 00:35:32,280 --> 00:35:35,520 And we're also looking to see are these goods and services related. 713 00:35:36,040 --> 00:35:39,560 So that's the basics of how we implement likelihood 714 00:35:39,560 --> 00:35:43,280 of confusion analysis into our search of the database. 715 00:35:43,600 --> 00:35:44,480 All right. 716 00:35:44,480 --> 00:35:46,960 So I'm going to jump back here into the PowerPoint. 717 00:35:46,960 --> 00:35:50,120 So what I've included in here for you are just screenshots 718 00:35:50,120 --> 00:35:53,120 of the things that we just did. 719 00:35:53,560 --> 00:35:54,400 Oh, yeah. 720 00:35:54,400 --> 00:35:55,880 Here, let me show you this real quick. 721 00:35:55,880 --> 00:35:57,280 So you're not just limited to this. 722 00:35:57,280 --> 00:36:00,480 So if you wanted to look a little bit deeper into one of these cases, 723 00:36:00,680 --> 00:36:02,400 you could go ahead and click on the link there. 724 00:36:02,400 --> 00:36:05,000 Click on the actual mark itself. 725 00:36:05,000 --> 00:36:08,280 And that's going to open up the Trademark Status and Document Retrieval system. 726 00:36:08,520 --> 00:36:11,680 And so you can see more things about the trademark itself. 727 00:36:11,760 --> 00:36:14,880 Let me bump the size of this up a little bit so it's not so small. 728 00:36:15,360 --> 00:36:16,640 You can see. Oh, yeah. Uh huh. 729 00:36:16,640 --> 00:36:18,640 That was the trademark: RABBIT RABBIT. 730 00:36:18,640 --> 00:36:20,920 We can look over here at the goods and services. 731 00:36:20,920 --> 00:36:22,160 Yeah, I can see right here. 732 00:36:22,160 --> 00:36:24,880 That's for barber, hair care, things like that. 733 00:36:24,880 --> 00:36:28,920 So TSDR is the place you want to go to find out all sorts of information 734 00:36:28,920 --> 00:36:32,000 about the status of the application or registration. 735 00:36:32,840 --> 00:36:35,560 You know, there's more information about the mark itself. 736 00:36:35,560 --> 00:36:38,120 If you want to look up design codes and things like that. 737 00:36:38,120 --> 00:36:42,120 So this is a great resource for you to learn more about a potential 738 00:36:42,120 --> 00:36:43,440 cite that might be out there. 739 00:36:44,720 --> 00:36:46,320 Okay. 740 00:36:46,320 --> 00:36:48,720 So, so you learn more about the potential conflict. 741 00:36:48,720 --> 00:36:51,240 Okay, so I've just put these screenshots in here. 742 00:36:51,240 --> 00:36:55,160 So later on down the line, when you're, when you've got the PDF of these slides, 743 00:36:55,320 --> 00:36:57,160 and you're like, "Oh, what was Jason talking about? 744 00:36:57,160 --> 00:36:58,160 What did you do next?" 745 00:36:58,160 --> 00:37:00,000 Instead, you can kind of just flip to the slides 746 00:37:00,000 --> 00:37:02,440 and you can kind of see the screenshot of how that would happen. 747 00:37:02,440 --> 00:37:05,760 All right, so Jay let's launch that second poll here. 748 00:37:06,960 --> 00:37:08,520 And so here's a question for you folks. 749 00:37:08,520 --> 00:37:12,480 Does a search of the database guarantee that your trademark 750 00:37:12,480 --> 00:37:15,720 is federally registrable? All right. 751 00:37:15,920 --> 00:37:18,560 So there are some things we haven't necessarily talked about here. 752 00:37:18,560 --> 00:37:19,200 Oh, my goodness. 753 00:37:19,200 --> 00:37:22,200 You guys are rushing it right now with all of your "no"s. 754 00:37:22,360 --> 00:37:24,480 Yeah, that is exactly right. 755 00:37:24,480 --> 00:37:28,120 A search of the USPTO database does not guarantee 756 00:37:28,120 --> 00:37:30,160 that your trademark is federally registrable. 757 00:37:30,160 --> 00:37:33,800 But it might be that there's no likelihood of confusion, cool, 758 00:37:33,960 --> 00:37:37,200 but it might be that there are other issues which would mean 759 00:37:37,320 --> 00:37:39,800 your trademark would be refused registration. 760 00:37:39,800 --> 00:37:43,160 It also could be maybe your search was incomplete. 761 00:37:43,520 --> 00:37:44,920 Maybe you didn't do everything 762 00:37:44,920 --> 00:37:45,840 that you needed to do 763 00:37:45,840 --> 00:37:48,160 and something was still in the database and you didn't find it. 764 00:37:48,160 --> 00:37:50,440 So just because you did a search you thought was okay, 765 00:37:50,440 --> 00:37:52,080 it doesn't mean it actually is. 766 00:37:52,080 --> 00:37:55,920 And there might still be something that causes your application to be refused. 767 00:37:56,400 --> 00:37:57,560 Or it could be 768 00:37:57,560 --> 00:38:02,680 this too. Is that you do your search and then in the next 10 to 15 minutes, 769 00:38:02,680 --> 00:38:04,680 however long it takes you to go from search 770 00:38:04,680 --> 00:38:07,240 to actually filling out the application and actually submitting it, 771 00:38:08,200 --> 00:38:11,160 somebody else slips in front of you, right? Now, 772 00:38:11,160 --> 00:38:12,400 does that happen very often? 773 00:38:12,400 --> 00:38:15,760 No, probably not. Probably not. Right. 774 00:38:15,760 --> 00:38:18,480 But it is something to think about. You're like, "Hey, I just did a search. 775 00:38:18,480 --> 00:38:22,800 15 minutes later I apply and someone came in in between." 776 00:38:23,040 --> 00:38:26,560 I will tell you early on in my career, I've, so it's only happened once 777 00:38:26,560 --> 00:38:27,680 in my entire career 778 00:38:27,680 --> 00:38:29,200 where two people had registered 779 00:38:29,200 --> 00:38:32,200 confusingly similar trademarks on the exact same day. 780 00:38:32,400 --> 00:38:35,520 And so we eventually had to go down and look and see what time 781 00:38:36,160 --> 00:38:40,360 they came in to determine who was actually first in the door. 782 00:38:40,480 --> 00:38:42,160 It's pretty rare that that's going to happen 783 00:38:42,160 --> 00:38:45,840 where you're going to have applications being submitted on the exact same day, 784 00:38:46,320 --> 00:38:47,960 but it can happen. 785 00:38:47,960 --> 00:38:50,800 So those of you who answered no, boom, nailed it. 786 00:38:50,800 --> 00:38:53,040 Thank you very much. Jay. Go ahead and close that one out. 787 00:38:53,040 --> 00:38:53,880 You're absolutely right. 788 00:38:53,880 --> 00:38:56,880 A search of a database does not guarantee it's registrable, 789 00:38:57,280 --> 00:39:00,960 but it is highly encouraged because likelihood of confusion 790 00:39:00,960 --> 00:39:04,000 is one of the main ways or main reasons why 791 00:39:04,080 --> 00:39:07,080 trademarks are refused registration at our office. 792 00:39:07,320 --> 00:39:10,800 All right, so let's move on and let's dig a little bit deeper in what we mean 793 00:39:10,800 --> 00:39:12,600 by word mark searching. Okay. 794 00:39:12,600 --> 00:39:16,160 So I was just kind of first gave you kind of an overview of how the system works. 795 00:39:16,320 --> 00:39:19,360 So let's talk a little bit more about like how this would work. 796 00:39:19,600 --> 00:39:24,880 So let's say that you wanted to register ZEBRA as a brand name for T-shirts, okay? 797 00:39:25,240 --> 00:39:30,000 And so you decide, okay, I am going to do a search of the database. 798 00:39:30,000 --> 00:39:33,360 Jason said that I should, so I'm going to do okay. 799 00:39:33,360 --> 00:39:35,200 So what would that look like? 800 00:39:35,200 --> 00:39:38,200 Well, there are multiple ways to approach searching. 801 00:39:38,280 --> 00:39:39,000 So what 802 00:39:39,000 --> 00:39:42,040 we're going to talk through right now is just one of many ways to approach it. 803 00:39:42,280 --> 00:39:47,400 This is sometimes referred to as like a pyramid, um, approach to searching 804 00:39:47,520 --> 00:39:52,200 where you start very, very narrow and then you widen out as you go. 805 00:39:52,200 --> 00:39:55,320 You could think about it as a reverse funnel, for example. 806 00:39:55,320 --> 00:39:56,080 Okay? 807 00:39:56,080 --> 00:39:59,600 And the reason that we often recommend starting off with a dead-on search 808 00:39:59,920 --> 00:40:00,880 is because, look, 809 00:40:01,880 --> 00:40:03,240 if there's one thing 810 00:40:03,240 --> 00:40:06,240 that's out there that's going to cause a problem 811 00:40:07,200 --> 00:40:10,240 and you want to find it quick, a dead-on search is the way to do it. 812 00:40:10,480 --> 00:40:11,040 Okay? 813 00:40:11,040 --> 00:40:13,320 Because you might discover, hey, I'm going to look and see. 814 00:40:13,320 --> 00:40:15,040 "Oh, man, there's one registration. 815 00:40:15,040 --> 00:40:18,040 It's also ZEBRA for t-shirts." 816 00:40:18,080 --> 00:40:18,600 Okay. 817 00:40:18,600 --> 00:40:20,440 I don't have any reason to go any deeper. 818 00:40:20,440 --> 00:40:23,440 I don't have any reason to do any more searching for this trademark. 819 00:40:23,480 --> 00:40:25,480 I'm going to move on to something else because that one's 820 00:40:25,480 --> 00:40:26,840 never going to register. 821 00:40:26,840 --> 00:40:28,200 So doing that dead-on search 822 00:40:28,200 --> 00:40:32,160 sometimes called a knock out search is a great way to start. 823 00:40:32,800 --> 00:40:35,280 So one way that you could do it 824 00:40:35,280 --> 00:40:39,480 is let's see, we'll go back to a we'll go back to the home here. 825 00:40:39,520 --> 00:40:40,000 Okay. 826 00:40:40,000 --> 00:40:45,280 So one thing that you could do is just type in ZEBRA, right, as a word mark, 827 00:40:47,360 --> 00:40:50,280 and see what you get. 828 00:40:50,280 --> 00:40:50,520 All right. 829 00:40:50,520 --> 00:40:52,000 That's pretty well dead-on, right? 830 00:40:52,000 --> 00:40:53,640 We can get rid of the dead and 831 00:40:53,640 --> 00:40:56,040 so you got, what, 256, actually. 832 00:40:56,040 --> 00:40:58,520 You know what? That's not too bad. I know that seems high. 833 00:40:58,520 --> 00:40:59,680 I know it does. 834 00:40:59,680 --> 00:41:04,120 But as an examination attorney, you're absolutely looking through 200 plus, 835 00:41:04,400 --> 00:41:04,920 right? 836 00:41:04,920 --> 00:41:07,440 If there's two to 300 on one search strategy, 837 00:41:07,440 --> 00:41:09,120 you're probably going to look through them and then you're going 838 00:41:09,120 --> 00:41:12,320 to have other search strategies that might also have 200, 300, whatever. 839 00:41:12,720 --> 00:41:14,440 You're going to look through a whole lot of trademarks. 840 00:41:14,440 --> 00:41:16,680 So this is actually not bad. 841 00:41:16,680 --> 00:41:20,480 And you would kind of go through and you look to see ZEBRA versus 842 00:41:20,480 --> 00:41:25,080 ZEBRA REFLEXIS, t-shirts versus downloadable computer software. 843 00:41:25,720 --> 00:41:30,000 ZEBRA versus ROCKIN' ZEBRA, one for t-shirts, one for toy vehicles. 844 00:41:30,000 --> 00:41:30,320 Right. 845 00:41:30,320 --> 00:41:34,160 So you would kind of again, go through that analysis to do this 846 00:41:34,160 --> 00:41:38,120 sort of dead-on type of search, this dead-on searching. 847 00:41:38,400 --> 00:41:38,760 Okay. 848 00:41:38,760 --> 00:41:41,840 That's one way to go about it. Some of you might say, "Hey, you know what? 849 00:41:41,840 --> 00:41:44,840 Actually, I want to look for ZEBRA or ZEBRAS, 850 00:41:44,880 --> 00:41:46,800 because maybe there's more than one zebra. 851 00:41:46,800 --> 00:41:48,000 I'll show you real quick here. 852 00:41:48,000 --> 00:41:52,560 One thing that you could do is just add a little asterisk at the end, all right? 853 00:41:52,560 --> 00:41:55,560 And that's going to tell the search to say, "Don't just bring me ZEBRA, 854 00:41:55,640 --> 00:42:00,000 but bring me infinite characters that are attached to the end of ZEBRA." 855 00:42:00,120 --> 00:42:01,840 And you could do that. 856 00:42:01,840 --> 00:42:03,640 Let's see what happens. 857 00:42:03,640 --> 00:42:05,080 Oh, we're still getting 256. 858 00:42:05,080 --> 00:42:07,800 Okay. So not a whole lot of extra zebras in here, I guess. 859 00:42:07,800 --> 00:42:10,920 Or maybe it was already pulling them as it is sometimes wont to do. 860 00:42:11,480 --> 00:42:12,000 Okay. 861 00:42:12,000 --> 00:42:15,160 So that's one thing that you could do with regard to your dead-on search. 862 00:42:15,600 --> 00:42:16,800 All right. 863 00:42:16,800 --> 00:42:19,280 So that's the quick and easy way to go about it. 864 00:42:19,280 --> 00:42:23,080 What I'm going to show you right now is a way for you to do, 865 00:42:23,280 --> 00:42:26,320 start to creep towards some more advanced level searching. 866 00:42:26,320 --> 00:42:26,680 Okay. 867 00:42:26,680 --> 00:42:30,960 I know today is all about basics, but what I want to do is introduce you 868 00:42:31,960 --> 00:42:32,280 in the 869 00:42:32,280 --> 00:42:35,520 foundational building blocks of ways to create more complex 870 00:42:35,520 --> 00:42:38,560 searches so it's not just "type in word and hit enter." 871 00:42:38,720 --> 00:42:42,440 Okay, so here's what one way you could go about 872 00:42:42,440 --> 00:42:44,400 your dead-on search. 873 00:42:44,400 --> 00:42:45,880 You could do something 874 00:42:45,880 --> 00:42:49,400 which is going to introduce you to this more advanced searching. 875 00:42:49,480 --> 00:42:52,200 So you're not just using the blue box that you see there. 876 00:42:52,200 --> 00:42:55,080 You're typing in some programming language. 877 00:42:55,080 --> 00:42:57,080 All right. To go a little deeper. 878 00:42:57,080 --> 00:43:00,480 So as you can see here, what I have on the screen is CM, colon, ZEBRA. 879 00:43:00,480 --> 00:43:03,360 And as you can see, CM is in all caps. 880 00:43:03,360 --> 00:43:06,560 So the CM is a field code for combined 881 00:43:06,800 --> 00:43:11,400 mark. So what this is doing is it is telling the search system, "Hey, 882 00:43:11,920 --> 00:43:14,560 search system, I want you to look in 883 00:43:14,560 --> 00:43:17,560 very specific buckets in the database. 884 00:43:17,680 --> 00:43:20,080 I want you to look in the trademark bucket. 885 00:43:20,080 --> 00:43:23,280 I want you to look in the what's called pseudo mark bucket. 886 00:43:23,480 --> 00:43:26,640 So it's kind of like some of the misspellings 887 00:43:26,640 --> 00:43:29,760 and stuff that are out there, you know, alternate ways of searching. 888 00:43:29,760 --> 00:43:31,240 I want you to look in that bucket 889 00:43:31,240 --> 00:43:33,920 and I want to look have you look in the translation bucket. 890 00:43:33,920 --> 00:43:36,640 So things that have been previously translated 891 00:43:36,640 --> 00:43:40,440 and put into the into the database, I want you to look in there, too." 892 00:43:40,440 --> 00:43:43,440 So that's the combined mark field. 893 00:43:43,600 --> 00:43:45,840 "Hey, search. Go look at all those buckets. 894 00:43:45,840 --> 00:43:48,960 And I want you to look for the word ZEBRA in all of those buckets." 895 00:43:49,080 --> 00:43:49,680 Okay. 896 00:43:49,680 --> 00:43:53,200 So as you can see, that field tag goes in all caps. 897 00:43:53,560 --> 00:43:56,240 Your search term goes next to it in lowercase. 898 00:43:56,240 --> 00:43:56,560 All right. 899 00:43:56,560 --> 00:43:59,160 So let's take a look at what that looks like. 900 00:43:59,160 --> 00:44:02,240 And again, we're going to be ignoring what we see in the blue over here. 901 00:44:02,240 --> 00:44:06,000 And instead we're just going to say CM, colon, ZEBRA. 902 00:44:06,600 --> 00:44:09,880 What I'm also going to do is turn on the expert mode down here. 903 00:44:09,880 --> 00:44:13,440 And you can tell you're an expert mode because you'll see "expert mode" 904 00:44:13,720 --> 00:44:15,120 right up here. Okay. 905 00:44:15,120 --> 00:44:17,800 So we did that same search. We're still getting our same results. 906 00:44:17,800 --> 00:44:20,280 All right. So there's no real difference here. 907 00:44:20,280 --> 00:44:21,640 It might be 908 00:44:21,640 --> 00:44:23,400 you might see a little difference in how they return, 909 00:44:23,400 --> 00:44:25,800 but you're going to get essentially get the same ones. 910 00:44:25,800 --> 00:44:27,400 All right. So that's going to be your dead-on search. 911 00:44:27,400 --> 00:44:31,400 You would go through ZEBRA versus ZEBRA REFLEXIS. ZEBRA versus 912 00:44:31,400 --> 00:44:35,160 ROCKIN' ZEBRA. ZEBRA versus HOME ZEBRA. ZEBRA versus HOPPIN' ZEBRA. 913 00:44:35,160 --> 00:44:36,520 And so forth. 914 00:44:36,520 --> 00:44:36,840 All right. 915 00:44:36,840 --> 00:44:37,840 So that's one way to go. 916 00:44:37,840 --> 00:44:39,920 And you go through and you're like, "Cool, I got it. 917 00:44:39,920 --> 00:44:43,320 None of these are a problem for me, but I'm not done yet. 918 00:44:43,320 --> 00:44:44,760 I want to keep on looking." 919 00:44:44,760 --> 00:44:47,760 So you might execute what's called an expanded search. 920 00:44:48,120 --> 00:44:50,560 So here you're not just looking for the word ZEBRA, 921 00:44:50,560 --> 00:44:54,080 you're looking for stuff on either side of ZEBRA. 922 00:44:54,600 --> 00:44:59,000 And the way that you would do that is you would put forward slashes 923 00:44:59,800 --> 00:45:02,360 around the word ZEBRA, because this is 924 00:45:02,360 --> 00:45:06,200 what's telling the search system, "Hey, search system. 925 00:45:06,520 --> 00:45:09,720 I want to do some funky stuff with my trademark search." 926 00:45:09,920 --> 00:45:14,360 And so the way you do it is you put it in between two forward slashes. 927 00:45:15,000 --> 00:45:18,760 Now, you can see next to it is something that we call a "dot star." 928 00:45:19,080 --> 00:45:22,560 And we see the dot star on either side of the word ZEBRA. 929 00:45:22,840 --> 00:45:25,600 And what that is doing is it is telling the system, 930 00:45:25,600 --> 00:45:30,600 look for infinite characters to the left and right of the word ZEBRA. 931 00:45:31,320 --> 00:45:32,520 All right. 932 00:45:32,520 --> 00:45:34,200 So we have ZEBRA right here. 933 00:45:34,200 --> 00:45:35,640 We're going to put it inside 934 00:45:36,760 --> 00:45:37,920 its little basket. 935 00:45:37,920 --> 00:45:40,240 Okay. It's a little forward slash basket. 936 00:45:40,240 --> 00:45:41,640 See we've got it right here. 937 00:45:41,640 --> 00:45:44,480 And so what we're going to do now is we're going to put in a period 938 00:45:44,480 --> 00:45:47,480 and an asterisk on either side. Period. 939 00:45:47,760 --> 00:45:48,640 Asterisk. 940 00:45:48,640 --> 00:45:52,080 And this is going to tell the search system to look in infinite 941 00:45:52,080 --> 00:45:55,800 direction to the left and to the right of the word ZEBRA. 942 00:45:55,960 --> 00:45:58,080 And we hit that and we're going to see what we have. 943 00:45:58,080 --> 00:45:59,240 256 before. 944 00:45:59,240 --> 00:46:01,920 Look at this. We now have 300. 945 00:46:01,920 --> 00:46:02,640 Okay. 946 00:46:02,640 --> 00:46:06,680 And so, again, we might want to look through and see what's in here. 947 00:46:06,840 --> 00:46:08,400 Now, I'll tell you this right now, I'm going to I'm 948 00:46:08,400 --> 00:46:10,800 going to jump ahead with one of my little pro tips right here. 949 00:46:10,800 --> 00:46:15,800 Let's say you looked through all 256 before. This is getting these 300. 950 00:46:16,360 --> 00:46:18,880 Do you want to look through the 40? 951 00:46:18,880 --> 00:46:21,480 Would you rather look at 300? Or just through 44 952 00:46:21,480 --> 00:46:23,840 since you've already looked through 256? 953 00:46:23,840 --> 00:46:24,080 Right. 954 00:46:24,080 --> 00:46:28,400 It's probably going to be easier for you if you've already looked through 256 955 00:46:28,720 --> 00:46:32,000 to only look through 44 more instead of looking at stuff you already looked at. 956 00:46:32,320 --> 00:46:34,600 So what you might do, because you are in 957 00:46:36,040 --> 00:46:37,280 expert mode, 958 00:46:37,280 --> 00:46:40,280 is you could click on the box right here 959 00:46:40,440 --> 00:46:44,200 and you can see this previous one was number four, search number four. 960 00:46:44,640 --> 00:46:47,640 What you could do is you could say, "I want search four 961 00:46:48,160 --> 00:46:51,160 and not search string three." 962 00:46:51,560 --> 00:46:54,560 And if I'm doing this correctly. 963 00:46:55,560 --> 00:46:57,280 Oh, okay. 964 00:46:57,280 --> 00:46:58,880 Interesting. 965 00:46:58,880 --> 00:47:01,000 Maybe. I'm not sure why that happened. 966 00:47:01,000 --> 00:47:03,680 Maybe it's because I did it. A different thing here. 967 00:47:03,680 --> 00:47:06,680 But anyway, so I would have thought it would have brought 44, but it didn't. 968 00:47:07,280 --> 00:47:10,280 I'm sure Tim or Chris or Brett will tell me what I did wrong, 969 00:47:10,320 --> 00:47:13,800 but essentially it's notted out the things that you've already looked at. 970 00:47:13,800 --> 00:47:16,800 And so you can go through and look at what you see here. 971 00:47:17,120 --> 00:47:19,920 FLAGZEBRA. MINIZEBRA. VLIONZEBRA. 972 00:47:19,920 --> 00:47:23,840 DAZEBRA. ECOZEBRA. and things like that. 973 00:47:24,240 --> 00:47:24,800 Okay. 974 00:47:24,800 --> 00:47:27,840 So once you do that expanded search, 975 00:47:28,560 --> 00:47:31,560 you can you can not-out things you've already looked at 976 00:47:32,160 --> 00:47:33,840 because after you do the expanded, 977 00:47:33,840 --> 00:47:36,960 you might want to think about an alternate spelling search as well. 978 00:47:37,360 --> 00:47:38,360 So that would be something 979 00:47:38,360 --> 00:47:41,760 like what are the different ways that we might spell ZEBRA. 980 00:47:42,120 --> 00:47:44,800 So what you can see right here on the screen 981 00:47:44,800 --> 00:47:49,000 is we're using an "or" operator to tell the search system, 982 00:47:49,200 --> 00:47:52,960 give me stuff that is spelled ZEBRA with a Z, and also stuff that's spelled 983 00:47:52,960 --> 00:47:58,320 ZEBRA with an S for SEE-BRA or SEH-BRA, however you want to pronounce it. 984 00:47:58,640 --> 00:47:59,200 Okay. 985 00:47:59,200 --> 00:48:02,720 So what you could do up here is let's ex that out. 986 00:48:05,520 --> 00:48:08,560 And let's say we would do CM 987 00:48:09,360 --> 00:48:12,720 here and we would do our dot star, 988 00:48:13,160 --> 00:48:16,320 zebra, dot star, and then close out 989 00:48:16,320 --> 00:48:19,320 the little basket. "OR." 990 00:48:19,680 --> 00:48:22,560 And then we put in our little basket dot star 991 00:48:22,560 --> 00:48:24,960 SEBR- oops 992 00:48:24,960 --> 00:48:28,680 dot star, close out the basket, put it all inside a parens. 993 00:48:29,040 --> 00:48:29,760 Okay. 994 00:48:29,760 --> 00:48:32,760 And so this is going to find us anything that's spelled ZEBRA with a Z 995 00:48:32,760 --> 00:48:35,760 and SEBRA with an S. 996 00:48:36,720 --> 00:48:39,200 Then we hit that and we get some 309. 997 00:48:39,200 --> 00:48:39,480 Okay, 998 00:48:39,480 --> 00:48:43,040 So we're going to see what we had like 300 before without the spelling of the S. 999 00:48:43,320 --> 00:48:43,800 All right. 1000 00:48:43,800 --> 00:48:46,360 So we can see there's probably nine different marks in here. 1001 00:48:46,360 --> 00:48:49,360 They're probably spelled with an S instead of a Z. 1002 00:48:49,880 --> 00:48:52,600 And if you wanted not things out, you could. 1003 00:48:52,600 --> 00:48:53,920 That's an easier way to do it. 1004 00:48:53,920 --> 00:48:57,640 But as you can see here, we have a SEBRA spelled with an S instead of a Z. 1005 00:48:58,000 --> 00:49:00,040 And so we would again do that analysis. 1006 00:49:00,040 --> 00:49:03,040 ZEBRA versus ZEBRA or SEBRA. 1007 00:49:03,360 --> 00:49:05,360 Right. Probably pretty similar. 1008 00:49:05,360 --> 00:49:08,640 And then we have t-shirts versus foam mats for use 1009 00:49:08,640 --> 00:49:11,800 on play areas, carpets, rugs, things of this. 1010 00:49:11,800 --> 00:49:12,240 Oh, wow. 1011 00:49:12,240 --> 00:49:14,360 They've got all kinds of different things in here, right? 1012 00:49:14,360 --> 00:49:19,600 So not just mats, but furniture, lunchboxes, bed linens, games and toys. 1013 00:49:19,600 --> 00:49:22,880 So this might be something we'd want to think about as a potential problem for us. 1014 00:49:24,720 --> 00:49:25,440 Okay. 1015 00:49:25,440 --> 00:49:27,320 So that's how that would work. 1016 00:49:27,320 --> 00:49:30,200 Now, some of you might say, "Jason, 1017 00:49:30,200 --> 00:49:34,800 that's fine and everything, but that seems like it's going to take a very long time 1018 00:49:34,960 --> 00:49:39,960 to type out every single possible alternate spelling of the word ZEBRA." 1019 00:49:40,160 --> 00:49:44,280 What if it's, you know, S- or, I'm sorry, Z-E-E-B-R-A 1020 00:49:44,360 --> 00:49:48,640 or S-Z-E-B-R-A or something like that? 1021 00:49:48,640 --> 00:49:50,760 Yeah, that could take you a very long time. 1022 00:49:50,760 --> 00:49:52,800 So here's one thing I want to introduce you 1023 00:49:52,800 --> 00:49:56,160 to for those of you who used TESS in a previous life 1024 00:49:56,880 --> 00:49:59,280 than you are already aware of some of these things called pattern 1025 00:49:59,280 --> 00:50:02,200 matching and truncation and wild cards and stuff like that. 1026 00:50:02,200 --> 00:50:05,640 So this is a way that you can use that same sort of pattern matching 1027 00:50:05,840 --> 00:50:08,640 to help make things a little bit easier for you. 1028 00:50:08,640 --> 00:50:12,240 So as you can see, we're still using that CM for our combined mark bucket 1029 00:50:12,600 --> 00:50:15,720 with a colon, and then we put it inside the forward slash basket. 1030 00:50:16,400 --> 00:50:18,920 But instead of spelling ZEBRA different ways, 1031 00:50:18,920 --> 00:50:22,160 instead what we're doing is we're using this pattern matching 1032 00:50:22,440 --> 00:50:27,480 to tell the system, "Find me one instance of an s or one instance of a z." 1033 00:50:27,960 --> 00:50:30,600 So instead of spelling out all these alternate spellings 1034 00:50:30,600 --> 00:50:33,480 dah dah dah or dah dah dah or dah dah dah or dah dah dah 1035 00:50:33,480 --> 00:50:36,760 or, we're going to take care of it right here in one search string. 1036 00:50:37,080 --> 00:50:42,360 And as you can see, it's put inside the square little brackets there: S or Z. 1037 00:50:42,360 --> 00:50:45,360 So it's telling the search system, bring me an S or bring me a Z. 1038 00:50:45,520 --> 00:50:47,640 And after that you can see an E, 1039 00:50:48,880 --> 00:50:49,840 and after that are the 1040 00:50:49,840 --> 00:50:52,840 curly braces with one comma three. 1041 00:50:53,040 --> 00:50:55,440 What that's doing, it's a quantifier. 1042 00:50:55,440 --> 00:50:58,440 So it is telling the search system, bring me one, 1043 00:50:58,640 --> 00:51:01,520 two, or three Es right here. 1044 00:51:01,520 --> 00:51:03,000 I don't care. You can bring me one. 1045 00:51:03,000 --> 00:51:05,320 You can bring me two. You can bring me three. 1046 00:51:05,320 --> 00:51:05,760 All right. 1047 00:51:05,760 --> 00:51:08,760 So this is going to get us an alternate spelling with Z-E-B-R-A, 1048 00:51:09,320 --> 00:51:14,760 S-E-B-R-A, S-E-E-B-R-A, S-E-E-B-R-A. 1049 00:51:14,760 --> 00:51:15,960 Right. You get it, right. 1050 00:51:15,960 --> 00:51:18,600 So it's it's quantifying what comes right before it. 1051 00:51:18,600 --> 00:51:20,640 So the curly brackets are saying, 1052 00:51:20,640 --> 00:51:23,840 "Bring me one, two, or three of the character that comes right before it." 1053 00:51:24,600 --> 00:51:27,240 And the last thing I'll say here is if you look at this, you'll notice 1054 00:51:27,240 --> 00:51:31,880 I chopped off the A, and the reason I did that is because we have our dot star. 1055 00:51:32,320 --> 00:51:34,280 What do we know about a dot star? 1056 00:51:34,280 --> 00:51:37,000 It's looking infinite in that direction. 1057 00:51:37,000 --> 00:51:39,040 So that means we don't need to put the A on there 1058 00:51:40,760 --> 00:51:42,760 because the dot star is going to bring us an A. 1059 00:51:42,760 --> 00:51:45,960 It also might bring us another R or another letter. 1060 00:51:46,440 --> 00:51:50,080 We don't know what's going to bring us, but this is a great way to sort of like 1061 00:51:50,640 --> 00:51:53,520 chop off a little bit of the end so you're not stuck 1062 00:51:53,520 --> 00:51:56,520 and you're missing things that might still be a problem 1063 00:51:57,240 --> 00:52:00,600 and you missed it because you still have that A in there at the very end. 1064 00:52:00,680 --> 00:52:01,120 Okay. 1065 00:52:01,120 --> 00:52:03,600 So let me type that in for you. See what we get. 1066 00:52:03,600 --> 00:52:04,000 All right. 1067 00:52:04,000 --> 00:52:07,000 I'm going to erase this right here 1068 00:52:07,240 --> 00:52:09,160 and we are going to do something 1069 00:52:09,160 --> 00:52:14,560 like dot star and we're going to do an S or a Z, right, for that ZEE. 1070 00:52:14,560 --> 00:52:17,160 Oops. Hold on. 1071 00:52:17,160 --> 00:52:20,560 And then we're going to say an E and then give me one, two, or three 1072 00:52:21,480 --> 00:52:24,480 of the E, B, R, and then we hit a dot star 1073 00:52:24,720 --> 00:52:27,080 and then we close out our little basket there. 1074 00:52:27,080 --> 00:52:28,080 Oops, that's not what I want. 1075 00:52:28,080 --> 00:52:30,960 I want this guy. Okay, here we go. And that's going to spell us, 1076 00:52:30,960 --> 00:52:33,960 bring us all these alternate spellings of the word ZEBRA. 1077 00:52:33,960 --> 00:52:36,360 So we had 309 this other way. Let's see what we get here. 1078 00:52:36,360 --> 00:52:37,240 Bet it's going to be more. 1079 00:52:38,280 --> 00:52:40,080 Yeah, 406, right? 1080 00:52:40,080 --> 00:52:42,840 So you're probably going to see some stuff that doesn't apply to you, right? 1081 00:52:42,840 --> 00:52:43,880 BRICK HOUSE BREWERY. 1082 00:52:43,880 --> 00:52:46,000 What in the world? Right. 1083 00:52:46,000 --> 00:52:47,720 So how did that come about? 1084 00:52:47,720 --> 00:52:52,520 So probably because we have the S, the E, the B, the R, right. 1085 00:52:52,560 --> 00:52:57,240 So for the, the S-E-B in BRICKHOUSEBREWERY, that's why we're seeing it. 1086 00:52:57,400 --> 00:53:00,960 But we're also seeing our DUKE ZEBRA and other zebras and things like that. 1087 00:53:01,240 --> 00:53:05,120 So again, this would be a situation where we might want to do 1088 00:53:05,720 --> 00:53:09,480 "7 AND NOT 6" 1089 00:53:09,720 --> 00:53:12,720 if we had looked at search string six already 1090 00:53:12,960 --> 00:53:15,400 and we're going to come down to 97. Hey, that's going to be a little bit 1091 00:53:15,400 --> 00:53:16,840 easier to go through. 1092 00:53:16,840 --> 00:53:18,680 And so we can look through ZEBRUX. 1093 00:53:18,680 --> 00:53:20,240 Ooh, that could be a problem. 1094 00:53:20,240 --> 00:53:22,040 You know, these are not a problem, stuff like that. 1095 00:53:22,040 --> 00:53:24,840 So you can probably scroll a little bit easier through those. 1096 00:53:25,840 --> 00:53:26,520 Okay. 1097 00:53:26,520 --> 00:53:30,600 That's the basics of how you kind of do this pyramid-type search. 1098 00:53:31,760 --> 00:53:34,280 So knowledge check for you. 1099 00:53:34,280 --> 00:53:36,960 Okay. So, Jay, you can go ahead and launch poll number three there. 1100 00:53:36,960 --> 00:53:39,920 So let's say that we decided we wanted to register 1101 00:53:39,920 --> 00:53:42,920 PEPZI for soft drinks. 1102 00:53:43,000 --> 00:53:46,360 Which of these strategies do you think would find you more potential cites 1103 00:53:46,360 --> 00:53:50,920 if you just did "combined mark PEPZI" or the one down there at the bottom? 1104 00:53:51,400 --> 00:53:55,240 Now my guess is probably all of you are like, "Jason, that's super easy." 1105 00:53:55,480 --> 00:53:58,240 Yeah, it is pretty straightforward. 1106 00:53:58,240 --> 00:54:01,720 And the reason that I'm pointing this out is because I don't want you 1107 00:54:01,720 --> 00:54:05,400 to get caught in the trap of just like typing a very specific word, 1108 00:54:05,560 --> 00:54:09,480 hitting enter, and seeing what pops up. Because it is quite possible, 1109 00:54:09,480 --> 00:54:11,280 let's see what happens here 1110 00:54:11,280 --> 00:54:15,360 if we were to just do CM:PEPZI. 1111 00:54:17,080 --> 00:54:19,120 No results found, right? 1112 00:54:19,120 --> 00:54:22,560 So if you're like, "Sweet, I want to register PEPZI 1113 00:54:22,560 --> 00:54:25,120 as a brand name for soft drinks. I just did a quick search. 1114 00:54:25,120 --> 00:54:26,040 There's nothing in there. 1115 00:54:26,040 --> 00:54:28,200 I'm good to go, right?" 1116 00:54:28,200 --> 00:54:29,880 No, not at all. 1117 00:54:29,880 --> 00:54:32,960 Pepsi Cola is going to want to have something to say about that. 1118 00:54:32,960 --> 00:54:33,360 Right? 1119 00:54:33,360 --> 00:54:36,680 The examining attorney assigned to your case is going to do 1120 00:54:36,680 --> 00:54:40,560 some sort of search that is probably going to find. 1121 00:54:41,600 --> 00:54:44,000 Right. Something like that. 1122 00:54:44,000 --> 00:54:46,680 And guess what? You even did you a little tiny change like that. 1123 00:54:46,680 --> 00:54:48,600 You're going to find all these potential cites 1124 00:54:48,600 --> 00:54:51,720 of PEPSI, PEPSI PRODUCTIONS, PEPSI MUSIC LAB, all that sort of stuff. 1125 00:54:52,000 --> 00:54:52,640 Okay. 1126 00:54:52,640 --> 00:54:56,600 So that is why when you're doing this sort of search, it's so important 1127 00:54:56,760 --> 00:55:01,320 that you think beyond just a quick little knock-out of just that exact wording 1128 00:55:01,440 --> 00:55:03,560 and you look into what is this pattern matching 1129 00:55:03,560 --> 00:55:06,960 sort of stuff that I can do to look for alternate spellings of my trademark. 1130 00:55:07,440 --> 00:55:08,680 Okay, good stuff, everybody. 1131 00:55:08,680 --> 00:55:11,240 Wow. It looks like a lot of you nailed nailed that one. 1132 00:55:11,240 --> 00:55:12,480 So good good job. 1133 00:55:13,840 --> 00:55:14,120 All right. 1134 00:55:14,120 --> 00:55:15,720 So real quick here, let's I'm going to run 1135 00:55:15,720 --> 00:55:18,360 pretty quickly through these so we can get to your questions. 1136 00:55:18,360 --> 00:55:20,800 But let's say it's not just one word, 1137 00:55:20,800 --> 00:55:24,440 but you want to register something like two words, right? 1138 00:55:24,960 --> 00:55:27,360 You've got a two-word mark, something like ZEBRASTAR. 1139 00:55:27,360 --> 00:55:28,920 You want to register for t-shirts, 1140 00:55:28,920 --> 00:55:31,280 You would do all those things we've already talked about, you know, a 1141 00:55:31,280 --> 00:55:35,480 dead-on search, you know, ZEBRASTAR inside quotes, right. 1142 00:55:35,520 --> 00:55:38,520 You would do you could do something like 1143 00:55:41,720 --> 00:55:42,960 something like that. 1144 00:55:42,960 --> 00:55:44,440 Right. Okay. 1145 00:55:44,440 --> 00:55:46,520 So you'd do that sort of thing. 1146 00:55:46,520 --> 00:55:50,200 You might try all the different spellings, the expanded search, things like that. 1147 00:55:50,640 --> 00:55:56,280 So, you know, as we see here ZEBRASTAR and put it inside the basket. 1148 00:55:56,280 --> 00:55:58,320 Right. With little dot stars on either side. 1149 00:55:58,320 --> 00:56:01,800 So it's looking an infinite ways on either side of ZEBRASTAR. 1150 00:56:02,400 --> 00:56:04,720 You could spell it like this, like we did. 1151 00:56:04,720 --> 00:56:06,840 We've the longer way of doing it. 1152 00:56:06,840 --> 00:56:08,920 One line is ZEBRA spelled that way. 1153 00:56:08,920 --> 00:56:11,920 One line is STAR spelled that way. 1154 00:56:12,480 --> 00:56:15,280 Or here's the super fancy way to do it. 1155 00:56:15,280 --> 00:56:18,720 You could do like our pattern matched version of ZEBRA. 1156 00:56:19,240 --> 00:56:23,320 You could also do a combined of STAR, right. 1157 00:56:23,760 --> 00:56:25,120 Or like this sort of thing. 1158 00:56:25,120 --> 00:56:27,000 So instead you did something like, 1159 00:56:33,360 --> 00:56:35,640 oops, 1160 00:56:35,640 --> 00:56:37,480 like, I did did that wrong. 1161 00:56:37,480 --> 00:56:40,680 Here we go, something like that, you know, So that's going to find you 1162 00:56:40,680 --> 00:56:44,280 all the different spellings of STAR with an S or with a Z. 1163 00:56:44,880 --> 00:56:46,880 Okay. So that's that's a possibility. 1164 00:56:46,880 --> 00:56:51,480 And what what you could do is, you know, look through all the ZEBRA marks 1165 00:56:51,800 --> 00:56:53,760 and then look through all the STAR marks 1166 00:56:53,760 --> 00:56:57,120 and then what we would recommend is you might want to try combining two of them. 1167 00:56:57,360 --> 00:57:00,360 So one would be to do something like this where you're pattern matching 1168 00:57:00,920 --> 00:57:03,320 ZEBRA and STAR all together in one. 1169 00:57:03,320 --> 00:57:06,320 So you could do something like 1170 00:57:13,160 --> 00:57:13,640 this. 1171 00:57:13,640 --> 00:57:14,040 Sorry. 1172 00:57:14,040 --> 00:57:17,040 Let's see here. 1173 00:57:21,200 --> 00:57:23,360 Okay. 1174 00:57:23,360 --> 00:57:26,200 Well, that's not right. 1175 00:57:26,200 --> 00:57:27,000 Yeah, here we go. 1176 00:57:27,000 --> 00:57:30,960 So this is going to look for the word ZEBRA spelled all sorts of different ways. 1177 00:57:31,280 --> 00:57:33,920 It's going to look for the word STAR spelled all sorts of different ways. 1178 00:57:33,920 --> 00:57:37,640 So it's going to find anything that has the word ZEBRA and the word STAR in it. 1179 00:57:38,520 --> 00:57:38,880 Okay. 1180 00:57:38,880 --> 00:57:40,960 We got one here, SELLING FLORIDA WORLDWIDE. 1181 00:57:40,960 --> 00:57:41,520 Okay. 1182 00:57:41,520 --> 00:57:44,560 So these sort of like different spellings of ZEBRA and the word STAR. 1183 00:57:44,880 --> 00:57:47,280 So that's one way you could go about it if you wanted to. 1184 00:57:47,280 --> 00:57:50,680 The other option would be to do your fancy searches like this. 1185 00:57:51,040 --> 00:57:51,320 Right. 1186 00:57:51,320 --> 00:57:54,400 Pattern matching here on one line, pattern matching there on the next line, 1187 00:57:54,600 --> 00:57:56,320 and then you do one and two. 1188 00:57:56,320 --> 00:57:56,680 So much 1189 00:57:56,680 --> 00:58:00,840 in the same way that we were doing an "AND NOT" to not-out things from before, 1190 00:58:01,040 --> 00:58:04,440 you can do the same thing here by executing different searches. 1191 00:58:04,440 --> 00:58:05,480 Right. So if we did 1192 00:58:09,320 --> 00:58:11,520 this on one line, okay, 1193 00:58:11,520 --> 00:58:15,120 and then we get our results and then we also do 1194 00:58:16,200 --> 00:58:19,200 this on the next line, 1195 00:58:19,920 --> 00:58:22,920 we can say, "Okay, I want to put together." 1196 00:58:23,240 --> 00:58:24,200 That's weird. 1197 00:58:24,200 --> 00:58:27,200 I think it was 14 and 15, 1198 00:58:28,760 --> 00:58:29,040 right. 1199 00:58:29,040 --> 00:58:30,360 And we get the same result. 1200 00:58:30,360 --> 00:58:30,600 All right. 1201 00:58:30,600 --> 00:58:32,400 So it's going to execute those things. 1202 00:58:32,400 --> 00:58:33,840 You can just tell it, 1203 00:58:33,840 --> 00:58:37,200 "Do this search string again and this search string again and put them together." 1204 00:58:38,040 --> 00:58:39,560 So that's a possibility. 1205 00:58:39,560 --> 00:58:43,440 So so you can start to see once, you know, the sort of basic blocks 1206 00:58:43,440 --> 00:58:46,120 of how to use this, you can just use very simple things 1207 00:58:46,120 --> 00:58:49,600 like a little logical operator like that to combine two things together. 1208 00:58:50,680 --> 00:58:53,360 Very briefly, I want to touch on design mark searching, because there are 1209 00:58:53,360 --> 00:58:56,200 those of you who are out there who are like, "Hey, I have a logo. 1210 00:58:56,200 --> 00:58:57,960 Jason, I have a design. 1211 00:58:57,960 --> 00:58:59,280 What do I do here?" 1212 00:58:59,280 --> 00:59:01,280 Okay, so let's say that this was you. 1213 00:59:01,280 --> 00:59:03,840 You had this ZEBRA STAR logo 1214 00:59:03,840 --> 00:59:06,840 you wanted to register as your logo for a t-shirt. 1215 00:59:07,000 --> 00:59:09,080 How would you go about doing that? 1216 00:59:09,080 --> 00:59:11,880 Now, some of you had said, and I, because I've seen it in the feedback 1217 00:59:11,880 --> 00:59:13,920 and in suggestions for the new search system, 1218 00:59:13,920 --> 00:59:17,520 you want the ability to sort of like drag and drop your logo 1219 00:59:17,520 --> 00:59:21,800 into our system and say, "Go search. Find me things that are similar." 1220 00:59:22,080 --> 00:59:22,600 And those of you 1221 00:59:22,600 --> 00:59:25,880 who have used a reverse image search on Google or other sorts of things 1222 00:59:26,640 --> 00:59:29,640 are like, "Hey, I would love to have that as an option here." 1223 00:59:29,720 --> 00:59:30,880 Hey, we're with you. 1224 00:59:30,880 --> 00:59:32,840 That would be pretty awesome. 1225 00:59:32,840 --> 00:59:35,400 We don't have that capability at the moment. 1226 00:59:35,400 --> 00:59:38,960 Certainly open to it, it's certainly something that I'm sure the developers 1227 00:59:38,960 --> 00:59:42,480 are probably working on in the background, but we don't have it yet. 1228 00:59:43,120 --> 00:59:43,560 Okay. 1229 00:59:43,560 --> 00:59:45,000 If that's something that you want, 1230 00:59:45,000 --> 00:59:47,640 you wanted the ability to sort of upload and search like that. 1231 00:59:47,640 --> 00:59:48,800 Please, please, please, let us know. 1232 00:59:48,800 --> 00:59:51,600 I'm going to show you the feedback button before we get out of here today. 1233 00:59:51,600 --> 00:59:53,800 Please include that in the feedback. Okay. 1234 00:59:53,800 --> 00:59:57,320 So the more data we get in the feedback, the better we can improve our system. 1235 00:59:57,320 --> 00:59:59,600 If you want the ability to reverse image search, 1236 00:59:59,600 --> 01:00:02,480 things like that, please, please, please, let us know. 1237 01:00:02,480 --> 01:00:03,200 All right. 1238 01:00:03,200 --> 01:00:06,280 So at the moment, we've got an old school way of doing it 1239 01:00:06,640 --> 01:00:09,960 right, which involves looking up a design code. 1240 01:00:10,440 --> 01:00:13,560 So for those of you unfamiliar with design codes, 1241 01:00:14,160 --> 01:00:16,720 every single logo 1242 01:00:16,720 --> 01:00:20,160 or sort of trademark that you see in our database 1243 01:00:20,160 --> 01:00:22,520 that has some sort of design element to it, 1244 01:00:22,520 --> 01:00:25,440 every little thing is going to get its own six-digit code. 1245 01:00:26,400 --> 01:00:26,800 Okay. 1246 01:00:26,800 --> 01:00:29,440 So what we see on the screen right now, we see a five-point start. 1247 01:00:29,440 --> 01:00:31,040 We also see a zebra. 1248 01:00:31,040 --> 01:00:34,760 Each of those elements in the logo are going to have their own particular 1249 01:00:35,280 --> 01:00:36,240 design code. 1250 01:00:36,240 --> 01:00:38,640 So what you can do is once you know that design code, 1251 01:00:38,640 --> 01:00:41,240 you can search for that particular six-digit number 1252 01:00:41,240 --> 01:00:44,440 and you can look for all of the times that that six-digit code 1253 01:00:44,440 --> 01:00:46,960 appears in our database and pull up all the trademarks. 1254 01:00:46,960 --> 01:00:48,720 So therefore, if you're going to look up 1255 01:00:48,720 --> 01:00:51,840 if you looked up the six-digit code for a zebra, you type that in, you're 1256 01:00:51,840 --> 01:00:55,200 going to get all of the trademarks that are coded with a zebra. 1257 01:00:55,600 --> 01:00:55,960 All right. 1258 01:00:55,960 --> 01:00:58,160 So how do you do that? Well, don't worry. 1259 01:00:58,160 --> 01:01:00,800 You do not have to have them memorized. I'll tell you right now, 1260 01:01:00,800 --> 01:01:03,600 I do not have them memorized and I've been working here for over 20 years. 1261 01:01:03,600 --> 01:01:04,640 Okay? 1262 01:01:04,640 --> 01:01:08,200 The folks in our pre-exam unit, they might have them memorized. 1263 01:01:08,200 --> 01:01:12,280 They very well might, but most of us mortals do not. 1264 01:01:12,560 --> 01:01:17,520 And so what you do is you look up the code in our Design Search Code Manual. 1265 01:01:17,800 --> 01:01:18,720 All right? 1266 01:01:18,720 --> 01:01:20,560 And I'll show you where to find that as well. 1267 01:01:20,560 --> 01:01:21,400 You can just look it up. 1268 01:01:21,400 --> 01:01:23,920 You can use the keyword search and say "zebra," 1269 01:01:23,920 --> 01:01:26,640 and it'll tell you what the six-digit code is. 1270 01:01:26,640 --> 01:01:29,360 So I've done the work for you here, and I already looked it up. 1271 01:01:29,360 --> 01:01:34,120 So zebras are coded as 030503 and single point stars. 1272 01:01:34,240 --> 01:01:37,240 Single stars with five points are 010103. 1273 01:01:37,240 --> 01:01:39,560 Right. So once you have those codes, maybe, you know, 1274 01:01:40,680 --> 01:01:43,080 jot them down so you have them handy and 1275 01:01:43,080 --> 01:01:44,400 then you're going to input those 1276 01:01:44,400 --> 01:01:48,520 into the search system by executing a design code search. 1277 01:01:48,920 --> 01:01:52,080 As you can see here, this field tag is DC. 1278 01:01:52,800 --> 01:01:55,960 All right, that's design code, right? 1279 01:01:56,000 --> 01:01:58,040 So it's going to look in the bucket 1280 01:01:58,040 --> 01:02:00,280 in our database that are just these design codes. 1281 01:02:00,280 --> 01:02:01,320 It's going to look in the bucket for 1282 01:02:01,320 --> 01:02:03,880 030503 to get our zebras. 1283 01:02:03,880 --> 01:02:06,360 And also you could execute a search to look 1284 01:02:06,360 --> 01:02:09,360 for 010102 to look for those five-point stars. 1285 01:02:09,760 --> 01:02:11,080 So we could do that if we wanted to 1286 01:02:11,080 --> 01:02:14,280 right here. Again we're ignoring what we see here in the blue 1287 01:02:16,200 --> 01:02:18,360 there is I think one of the dropdowns is for design code. 1288 01:02:18,360 --> 01:02:21,200 But I want you to start thinking advanced already. 1289 01:02:21,200 --> 01:02:21,840 Okay. 1290 01:02:21,840 --> 01:02:24,120 030503, right. 1291 01:02:24,120 --> 01:02:26,600 Let's see. That should give us our zebras. 1292 01:02:26,600 --> 01:02:27,240 Yeah. Look at this. 1293 01:02:27,240 --> 01:02:31,680 We get 161 zebras. And the other was 010105, I think. 1294 01:02:35,440 --> 01:02:36,040 Right. 1295 01:02:36,040 --> 01:02:40,240 So we see, as we can see here, there's some things with five-point. 1296 01:02:40,240 --> 01:02:43,240 Did I do that, right? 1297 01:02:46,840 --> 01:02:47,600 010103. 1298 01:02:47,600 --> 01:02:49,680 That's what I wanted. Sorry. Sorry about that, folks. 1299 01:02:49,680 --> 01:02:50,280 010103. 1300 01:02:50,280 --> 01:02:53,240 That's our five-point star. Okay. 1301 01:02:53,240 --> 01:02:56,200 So we can see if we were if we wanted to, we could, 1302 01:02:56,200 --> 01:02:59,200 we could if we wanted to look through all the five-point stars, we could do that 1303 01:02:59,840 --> 01:03:03,600 if we wanted to look through all of the zebras 1304 01:03:04,920 --> 01:03:07,840 here, we could do this, 1305 01:03:07,840 --> 01:03:09,600 you know, looking through to see if it's 1306 01:03:09,600 --> 01:03:12,600 similar to ours for our t-shirts. 1307 01:03:12,960 --> 01:03:14,640 And if you wanted to combine them all, 1308 01:03:14,640 --> 01:03:18,000 you could. Right. So we could say 17 1309 01:03:18,480 --> 01:03:20,040 and what was it, 19. 1310 01:03:21,600 --> 01:03:22,440 Yeah. 1311 01:03:22,440 --> 01:03:23,640 So we're going to get this one here 1312 01:03:23,640 --> 01:03:26,720 for that has five-point stars and a zebra in it. 1313 01:03:27,240 --> 01:03:29,480 That is our combined term search. Oops. 1314 01:03:29,480 --> 01:03:30,040 Here we go. 1315 01:03:30,040 --> 01:03:30,720 You could do this. 1316 01:03:30,720 --> 01:03:31,240 DC:030503 1317 01:03:31,240 --> 01:03:33,880 DC: 030503 AND 010103. 1318 01:03:33,880 --> 01:03:36,880 Or like we saw before, you could do one and two. 1319 01:03:37,280 --> 01:03:39,120 All right, so that's kind of how it works. 1320 01:03:39,120 --> 01:03:42,480 Look, folks, you know the basics, okay, CM: 1321 01:03:42,720 --> 01:03:46,200 put in your word. Or if you want to pull a design code, you could do DC: 1322 01:03:46,760 --> 01:03:52,000 with your five, with your six-digit code in it and pull up stuff that way. 1323 01:03:52,320 --> 01:03:55,560 For those of you wondering, "Huh, what do I do if I have both words 1324 01:03:55,560 --> 01:03:58,560 and a design, Jason?" Well, guess what? 1325 01:03:58,600 --> 01:04:03,720 You could combine them all into a search on one single line using "AND," right. 1326 01:04:03,840 --> 01:04:07,800 So let's say our trademark was ZEBRA STAR ORGANIC. 1327 01:04:07,920 --> 01:04:11,720 You could do something like this where you're saying 1328 01:04:13,160 --> 01:04:14,400 CM:organic, okay? 1329 01:04:14,400 --> 01:04:16,880 And you could do search that way. 1330 01:04:16,880 --> 01:04:19,160 And it's going to find stuff that has organic 1331 01:04:19,160 --> 01:04:22,160 and a zebra and a five-point star in it. 1332 01:04:22,680 --> 01:04:23,440 All right. 1333 01:04:23,440 --> 01:04:26,440 So real quick knowledge check here. 1334 01:04:26,680 --> 01:04:28,760 Before we talk very quickly about narrowing your results. 1335 01:04:28,760 --> 01:04:30,600 So Jay, go ahead and launch that poll there. 1336 01:04:30,600 --> 01:04:32,160 So before you start answering. 1337 01:04:32,160 --> 01:04:32,520 All right. 1338 01:04:32,520 --> 01:04:36,840 What I'm asking for is how would you conduct a very narrow knock-out search? 1339 01:04:37,600 --> 01:04:41,480 Okay, what would you do to get the most narrow results possible? 1340 01:04:41,760 --> 01:04:47,160 Would you look for five-point stars or zebras or ORGANIC? Or would you look 1341 01:04:47,160 --> 01:04:50,880 for a combination of the word ORGANIC with a five-point star or a zebra? 1342 01:04:51,120 --> 01:04:55,080 Or would you do like we just did and you would say, bring me everything 1343 01:04:55,240 --> 01:05:00,080 that has the word ORGANIC and a zebra and a five-point star in it? 1344 01:05:00,720 --> 01:05:02,520 Well, it looks like a lot of you are piling on. 1345 01:05:02,520 --> 01:05:05,880 Answer the third bullet there for option C. 1346 01:05:05,880 --> 01:05:08,760 See, you happen to be correct, 1347 01:05:08,760 --> 01:05:09,720 my friends. 1348 01:05:09,720 --> 01:05:13,040 That is how you would do a very narrow knock-out search. 1349 01:05:13,640 --> 01:05:17,400 You're saying, "Okay, I want to register ZEBRA STAR ORGANIC. 1350 01:05:17,560 --> 01:05:21,160 Let me just hope and pray that there's no other ZEBRA STAR ORGANICS out there 1351 01:05:21,320 --> 01:05:24,320 and I'll do that search." And you start off that way. 1352 01:05:24,360 --> 01:05:25,920 Is that the end of your searching? 1353 01:05:25,920 --> 01:05:28,000 No, absolutely not. 1354 01:05:28,000 --> 01:05:30,120 You're going to look at zebras, you're going to look at stars, 1355 01:05:30,120 --> 01:05:31,880 you're going to look at the word ORGANIC, right? 1356 01:05:31,880 --> 01:05:33,640 You're going to look at a whole bunch of other things. 1357 01:05:33,640 --> 01:05:37,560 But this is how you would begin with that very narrow knock-out search. 1358 01:05:37,920 --> 01:05:41,280 Excellent job, well done. For those of you answering the other two, 1359 01:05:41,320 --> 01:05:42,760 hey, I get it. Okay. 1360 01:05:42,760 --> 01:05:45,840 I can see how this could potentially be a little bit confusing, right? 1361 01:05:46,240 --> 01:05:46,600 Because 1362 01:05:47,560 --> 01:05:49,040 when you're thinking about what's the best 1363 01:05:49,040 --> 01:05:52,680 search, hey, a narrow knock-out search, not always the best search. 1364 01:05:52,920 --> 01:05:55,080 You want to look to find other things. 1365 01:05:55,080 --> 01:05:57,720 That second one there, that's a great one, right? 1366 01:05:57,720 --> 01:05:58,800 You're going to look for any time 1367 01:05:58,800 --> 01:06:01,680 the word ORGANIC appears with one of your design elements. 1368 01:06:01,680 --> 01:06:03,240 That's a great way of searching. 1369 01:06:03,240 --> 01:06:06,240 You're probably going to use that at some point in your strategy 1370 01:06:06,600 --> 01:06:09,600 and because you're going to do multiple search strings. 1371 01:06:09,600 --> 01:06:10,440 Okay. 1372 01:06:10,440 --> 01:06:13,320 So let's very quickly talk through how to narrow your results, 1373 01:06:13,320 --> 01:06:16,600 because I'm sure some of you were saying, "Jason, I'm not going to look through 1374 01:06:16,600 --> 01:06:19,720 789 different trademarks. 1375 01:06:19,720 --> 01:06:21,840 I don't have time for that. I've got a business to run." 1376 01:06:21,840 --> 01:06:23,160 Yeah, okay. I got you. 1377 01:06:23,160 --> 01:06:24,040 I got you. 1378 01:06:24,040 --> 01:06:27,000 Okay, so one more thing that you want to do is 1379 01:06:27,000 --> 01:06:31,560 to limit your results by what's called a coordinated class. 1380 01:06:32,160 --> 01:06:35,760 So to understand coordinated class, let's take a real quick step back. 1381 01:06:36,200 --> 01:06:36,720 Okay? 1382 01:06:36,720 --> 01:06:42,000 So every single good or service that's that you that's that's out 1383 01:06:42,000 --> 01:06:47,640 there is classified into one of 45 different international classes. 1384 01:06:48,000 --> 01:06:50,880 These are classes that we, the United States, have agreements 1385 01:06:50,880 --> 01:06:52,120 with countries around the world. 1386 01:06:52,120 --> 01:06:55,000 Everyone has decided chemicals go in this class, 1387 01:06:55,960 --> 01:06:56,320 you know, 1388 01:06:56,320 --> 01:06:59,600 pharmaceuticals go in this class, beauty products 1389 01:06:59,600 --> 01:07:03,840 go in this class, clothing goes in this class, software goes in this class. 1390 01:07:03,840 --> 01:07:05,880 sporting goods in this class, and so on. Okay. 1391 01:07:05,880 --> 01:07:08,720 Those are called international classes. 1392 01:07:08,720 --> 01:07:11,880 So they're kind of divided up that way. 1393 01:07:12,080 --> 01:07:14,040 Here's the interesting thing. 1394 01:07:14,040 --> 01:07:18,720 We have created something that we call coordinated classes, 1395 01:07:19,480 --> 01:07:21,840 so you could think about it as a bit of an 1396 01:07:21,840 --> 01:07:25,360 unofficial hack for relatedness, right? 1397 01:07:25,360 --> 01:07:27,040 We're not saying that they're related. 1398 01:07:27,040 --> 01:07:30,480 However, what we have found is the things that appear in this class 1399 01:07:30,480 --> 01:07:33,600 are often related to things that are in this class. 1400 01:07:34,440 --> 01:07:37,240 So if you're just starting off your searching, 1401 01:07:37,240 --> 01:07:41,600 you know, you could if you wanted to kind of use these coordinated classes 1402 01:07:41,800 --> 01:07:45,720 as a way to have a kind of fudge about what relatedness 1403 01:07:45,840 --> 01:07:48,920 might be. Again, not a guarantee, 1404 01:07:49,160 --> 01:07:53,720 but it's a way to conceptually approach the search that you could think about, 1405 01:07:53,720 --> 01:07:55,360 huh, these sorts of things. 1406 01:07:55,360 --> 01:07:58,680 Clothing is often related to bags, right? 1407 01:07:58,680 --> 01:08:02,880 So we have coordinated things that are in 25 and class 18. 1408 01:08:03,120 --> 01:08:06,120 So when you do your search, you can narrow it down that way. 1409 01:08:06,480 --> 01:08:09,480 So here's how you would go about doing it. 1410 01:08:09,600 --> 01:08:11,400 You could, this is the way you type it, okay? 1411 01:08:11,400 --> 01:08:13,440 There's also way you can do it graphically as well. 1412 01:08:13,440 --> 01:08:14,880 Show you that in a second. 1413 01:08:14,880 --> 01:08:16,520 But this is one way you could go about it. 1414 01:08:16,520 --> 01:08:20,200 As you can see, we have our ZEBRA pattern match search 1415 01:08:20,520 --> 01:08:25,240 and we've added this thing here that has the coordinated class field code. 1416 01:08:26,280 --> 01:08:27,640 So it is going to find things. 1417 01:08:27,640 --> 01:08:30,240 So t-shirts are in class 25. 1418 01:08:30,240 --> 01:08:32,920 So it's going to find things that are coordinated, coordinated in a class. 1419 01:08:32,920 --> 01:08:35,440 It's coordinated to class 25. 1420 01:08:35,440 --> 01:08:37,720 Let's take a peek at what that looks like. Okay. 1421 01:08:37,720 --> 01:08:39,440 So let's get rid of this real quick. 1422 01:08:39,440 --> 01:08:39,800 Let's see. 1423 01:08:39,800 --> 01:08:42,080 I can bring up ZEBRA 1424 01:08:42,080 --> 01:08:44,400 AND 1425 01:08:44,400 --> 01:08:46,840 AND CC:025, all right. 1426 01:08:46,840 --> 01:08:49,960 So this is going to find me ZEBRAS 1427 01:08:50,200 --> 01:08:53,360 in the trademark bucket and in addition 1428 01:08:53,520 --> 01:08:57,240 it's going to only bring me back stuff that is in a coordinated 1429 01:08:57,240 --> 01:09:00,240 class with 25, which is where t-shirts happen to be. 1430 01:09:00,520 --> 01:09:03,000 We execute that search and what were we 1431 01:09:03,000 --> 01:09:06,000 before. It's 2-3 or 700 some? Whatever it was. 1432 01:09:06,000 --> 01:09:07,920 No, no, no. 200-some for ZEBRAS. I forget. 1433 01:09:09,040 --> 01:09:10,600 This is going to bring it down to 143. 1434 01:09:10,600 --> 01:09:13,600 Hey, that's super manageable. Okay. 1435 01:09:13,800 --> 01:09:17,040 And so you could go through and you could say, I've got ZEBRA 1436 01:09:17,960 --> 01:09:21,000 for my t-shirts and I see, uh oh, HEAD OF ZEBRAS. 1437 01:09:21,640 --> 01:09:23,960 This is for luggage. In class 18. 1438 01:09:23,960 --> 01:09:27,160 Yeah, class 18 is often related to stuff that's in 25. 1439 01:09:27,280 --> 01:09:28,680 Hey, actually, we see that right here. 1440 01:09:28,680 --> 01:09:30,400 You can see there's a lot of stuff that's in class 18. 1441 01:09:30,400 --> 01:09:32,120 Our bags. 1442 01:09:32,120 --> 01:09:33,280 Also guess what? 1443 01:09:33,280 --> 01:09:36,280 Class 25 where all of our clothing is. 1444 01:09:36,440 --> 01:09:38,520 Right. So that's a potential problem. 1445 01:09:38,520 --> 01:09:39,960 We have another HERD OF ZEBRAS over here. 1446 01:09:39,960 --> 01:09:43,920 We have ZEBRAOASIS also for stuff here in class 18. 1447 01:09:44,400 --> 01:09:44,720 Right. 1448 01:09:44,720 --> 01:09:45,960 That could be a problem. 1449 01:09:45,960 --> 01:09:48,920 Golf umbrellas. Interesting. 1450 01:09:48,920 --> 01:09:49,320 All right. 1451 01:09:49,320 --> 01:09:52,320 We have a lot of stuff that's herem happens to be an 18. 1452 01:09:52,480 --> 01:09:56,360 We also have stuff over here for "apparatus for timing sports events." 1453 01:09:56,560 --> 01:09:59,640 That's because it's in class 14 where jewelry and watches 1454 01:09:59,920 --> 01:10:01,200 and things happen to be. 1455 01:10:01,200 --> 01:10:02,960 So that's sometimes going to be a problem. 1456 01:10:04,640 --> 01:10:04,800 Right? 1457 01:10:04,800 --> 01:10:08,160 So you can see you could go through and looking at the coordinated classes. 1458 01:10:08,520 --> 01:10:12,720 So that's if you want to type it in up here, here's another thing I'll show you. 1459 01:10:12,720 --> 01:10:14,640 This is another thing that we've tried to give you. 1460 01:10:14,640 --> 01:10:17,640 If you look on the left-hand side here, if you're an expert mode, 1461 01:10:17,840 --> 01:10:20,560 you can see there's this coordinated class toggle. 1462 01:10:20,560 --> 01:10:23,840 So I've just turned it off, but I can turn it back on here. 1463 01:10:25,160 --> 01:10:25,800 Actually, you know what? 1464 01:10:25,800 --> 01:10:28,600 Let me get rid of this up here. 1465 01:10:28,600 --> 01:10:30,720 Let me execute ZEBRA one more time. 1466 01:10:30,720 --> 01:10:31,800 Okay? 1467 01:10:31,800 --> 01:10:37,280 But if we turn up, we have this coordinated 1468 01:10:37,280 --> 01:10:41,160 class toggle turned on, and we know our t-shirts are in class 25, 1469 01:10:41,440 --> 01:10:43,760 we just select class 25. 1470 01:10:43,760 --> 01:10:48,960 It's going to automatically do that little narrowing down for us 1471 01:10:49,200 --> 01:10:53,160 by narrowing down to things that are in the coordinated classes with 25, 1472 01:10:53,400 --> 01:10:57,720 which are going to be stuff jewelry in 14, our bags and leather goods 1473 01:10:57,720 --> 01:11:00,880 in 18, fabrics in 24, our retail 1474 01:11:00,880 --> 01:11:03,880 in 35 and 42 and also A, B and 200, 1475 01:11:04,080 --> 01:11:07,280 which are collective and certification mark sorts of sorts of things. 1476 01:11:07,520 --> 01:11:08,640 So this is a quick and easy 1477 01:11:08,640 --> 01:11:12,320 way to do it for you folks out there who know your classes. 1478 01:11:12,920 --> 01:11:16,080 You can just turn on expert mode you see down here 1479 01:11:16,760 --> 01:11:20,040 and then just use the coordinated class toggle in order to do this. 1480 01:11:20,480 --> 01:11:22,680 Okay. So that's one way to go about it. 1481 01:11:22,680 --> 01:11:25,400 But let's say coordinated classes is still too many. 1482 01:11:25,400 --> 01:11:26,560 "It's too many to look through. 1483 01:11:26,560 --> 01:11:28,400 Jason, I can't do it." Well, guess what? 1484 01:11:28,400 --> 01:11:30,320 You can narrow a little bit more, 1485 01:11:30,320 --> 01:11:30,720 okay, 1486 01:11:30,720 --> 01:11:34,480 as we funnel down by using just the international class. 1487 01:11:34,800 --> 01:11:38,240 And as you can see here, you could do it by using the IC field tag 1488 01:11:38,240 --> 01:11:40,280 instead of the CC field tag. 1489 01:11:40,280 --> 01:11:43,320 Now I've added some other stuff here in addition to class 1490 01:11:43,320 --> 01:11:46,400 25, you see 35, 42, A, B and 200. 1491 01:11:46,600 --> 01:11:51,000 And the reason that I've added those on there is because oftentimes the retail 1492 01:11:51,000 --> 01:11:56,000 store services and online retail services are related to goods, right? 1493 01:11:56,040 --> 01:11:57,240 Think about Nike. 1494 01:11:57,240 --> 01:12:00,360 They've got clothes, clothing, shoes in class 25. 1495 01:12:00,520 --> 01:12:03,240 They also have retail store in 35. 1496 01:12:03,240 --> 01:12:05,360 Back in the day, it used to be in class 42. 1497 01:12:05,360 --> 01:12:07,240 So there's still some old registrations out there 1498 01:12:07,240 --> 01:12:10,240 with retail stuff in 42 that's why we include that here. 1499 01:12:10,440 --> 01:12:13,440 So you could tag that on as well, 1500 01:12:13,560 --> 01:12:16,560 so you could type it in just like this. 1501 01:12:17,000 --> 01:12:20,000 Okay, I'm going to turn off the coordinated class. 1502 01:12:20,240 --> 01:12:20,640 Okay. 1503 01:12:20,640 --> 01:12:24,680 So we would have our ZEBRA up here and we would say,and I see 1504 01:12:25,400 --> 01:12:30,000 AND IC:(025 035 042 A B 200). 1505 01:12:30,680 --> 01:12:32,360 Then we hit return. Oops. 1506 01:12:34,000 --> 01:12:36,800 Oh, I messed it up somehow. 1507 01:12:36,800 --> 01:12:39,800 I'm sure that one of the guys will come on and tell me what I did wrong. 1508 01:12:40,680 --> 01:12:43,680 History must be between 1 and 24. 1509 01:12:45,680 --> 01:12:46,120 Okay. 1510 01:12:46,120 --> 01:12:49,680 I'll ask Chris or Brett or Tim to come on and tell me what to do. 1511 01:12:49,680 --> 01:12:51,120 We'll catch it in a second. Okay? 1512 01:12:51,120 --> 01:12:53,800 But I clearly put something in wrong, so that's one way to go about it, 1513 01:12:53,800 --> 01:12:56,280 if you do it right. 1514 01:12:56,280 --> 01:12:57,440 That's funny. 1515 01:12:57,440 --> 01:12:59,480 Okay, let me get rid of that 1516 01:12:59,480 --> 01:13:01,280 and we'll come over here and we'll use this coordinated 1517 01:13:01,280 --> 01:13:02,760 class button one more time. 1518 01:13:02,760 --> 01:13:03,800 And what we could do is 1519 01:13:03,800 --> 01:13:07,560 that we could turn off the coordinated class and instead just look in class 25. 1520 01:13:08,160 --> 01:13:11,280 Okay, so instead of typing it in, you can use the little toggle over here 1521 01:13:11,280 --> 01:13:14,440 on the left-hand side to just look for stuff that's in class 25. 1522 01:13:14,680 --> 01:13:17,320 That's another great way to really narrow down quickly. 1523 01:13:18,440 --> 01:13:19,240 We can see there's a lot of 1524 01:13:19,240 --> 01:13:22,440 ZEBRA marks in here for various items of clothing, 1525 01:13:23,840 --> 01:13:26,040 and let's say that is still too many. Okay. 1526 01:13:26,040 --> 01:13:31,040 Some of you might say, J"ason, why don't I just narrow down to goods and services? 1527 01:13:31,280 --> 01:13:33,120 I want to register ZEBRA for t-shirts. 1528 01:13:33,120 --> 01:13:36,120 So why don't I just look for ZEBRA for t shirts?" 1529 01:13:36,720 --> 01:13:41,440 Well, you could, you could do that, but it is not recommended. 1530 01:13:41,760 --> 01:13:44,760 And the reason that we don't, it is the fact that 1531 01:13:45,040 --> 01:13:48,040 there's more than one way to say t-shirts 1532 01:13:48,080 --> 01:13:51,080 and there's more than one thing that's related to t-shirts. 1533 01:13:51,240 --> 01:13:53,480 Shirts are related to t-shirts. 1534 01:13:53,480 --> 01:13:56,400 Clothing of various varieties are related related to t -hirts. 1535 01:13:56,400 --> 01:14:01,080 So if you're only looking for ZEBRA for t-shirts, you might miss potential cites. 1536 01:14:02,080 --> 01:14:03,080 And that refusal's 1537 01:14:03,080 --> 01:14:06,120 going to come and you'll now be out 250 bucks. 1538 01:14:06,960 --> 01:14:07,200 Right. 1539 01:14:07,200 --> 01:14:10,080 And your time and your effort. 1540 01:14:10,080 --> 01:14:13,080 So it's possible to sort of write it that way, 1541 01:14:17,920 --> 01:14:20,600 right? 1542 01:14:20,600 --> 01:14:23,200 You could do that if you wanted to. 1543 01:14:23,200 --> 01:14:26,200 You could also probably just use the 1544 01:14:26,320 --> 01:14:28,360 refining over here if you wanted to. 1545 01:14:28,360 --> 01:14:31,680 But this, as I'm telling, is not necessarily recommended. 1546 01:14:32,360 --> 01:14:35,360 You're going to miss a lot of stuff if you do it this way. 1547 01:14:35,760 --> 01:14:37,280 And we don't want that to happen to you. 1548 01:14:37,280 --> 01:14:38,600 We don't want you missing stuff. 1549 01:14:38,600 --> 01:14:41,760 We want you to see everything so you can potentially avoid 1550 01:14:42,040 --> 01:14:45,040 that likelihood of confusion refusal. 1551 01:14:45,120 --> 01:14:45,840 Okay. 1552 01:14:45,840 --> 01:14:49,160 So real quick common search strategy. We've already talked through these things. 1553 01:14:49,160 --> 01:14:51,000 I just want to solidify it in your mind. 1554 01:14:51,000 --> 01:14:53,000 One thing you might want to do is start off an ownership 1555 01:14:53,000 --> 01:14:56,400 search for your name, "ON" with your name in there. 1556 01:14:56,560 --> 01:14:59,560 And the reason for that is to make sure that business partner 1557 01:15:00,200 --> 01:15:02,720 didn't get a wild idea over the weekend and submit something 1558 01:15:02,720 --> 01:15:03,720 without you knowing it. 1559 01:15:03,720 --> 01:15:04,200 Okay. 1560 01:15:04,200 --> 01:15:05,720 Or maybe there's a scammer out there 1561 01:15:05,720 --> 01:15:07,800 who's like, tried to submit something in your name. 1562 01:15:07,800 --> 01:15:09,680 You to find out about that stuff. 1563 01:15:09,680 --> 01:15:13,320 So we often recommend checking your own name in there to see 1564 01:15:14,560 --> 01:15:16,160 what's actually in the database. 1565 01:15:16,160 --> 01:15:19,200 And then you go through, you conduct that dead-on search, right? 1566 01:15:19,200 --> 01:15:22,440 If we think about our pyramid and then alternate spellings, right. 1567 01:15:22,440 --> 01:15:23,120 Notting out. 1568 01:15:23,120 --> 01:15:26,120 So you're not looking at everything over and over again and you continue 1569 01:15:26,120 --> 01:15:30,120 to expand with those additional searches, looking for those alternate versions, words 1570 01:15:30,120 --> 01:15:34,440 and designs, similar meanings, acronyms, pictorial equivalents. 1571 01:15:34,680 --> 01:15:34,920 Right. 1572 01:15:34,920 --> 01:15:37,640 So if the trademark was the word ZEBRA, you might also want 1573 01:15:37,640 --> 01:15:38,640 pull that design code 1574 01:15:38,640 --> 01:15:42,600 for a zebra and look, because if it's just a picture of a zebra 1575 01:15:42,600 --> 01:15:45,800 or a drawing of a zebra versus your word ZEBRA, and you're both using 1576 01:15:45,800 --> 01:15:49,240 that as a brand name for t-shirts, hey, that could still be a problem, right? 1577 01:15:49,240 --> 01:15:51,120 So you're going to want to find that. 1578 01:15:51,120 --> 01:15:54,640 And if you're narrowing, you could start with CC, go down to IC, 1579 01:15:55,080 --> 01:15:58,080 using that that formula that we talked about. 1580 01:15:58,720 --> 01:16:02,040 And then also you could potentially go down to goods and services. 1581 01:16:02,400 --> 01:16:05,320 But it is, that's that's dicey. 1582 01:16:05,320 --> 01:16:07,480 Not recommended, not recommended. 1583 01:16:07,480 --> 01:16:08,040 Okay. 1584 01:16:08,040 --> 01:16:11,040 So real quick, we'll get to like 15 minutes of questions. 1585 01:16:11,120 --> 01:16:14,480 Just be aware that they're, with regard to help and things like that. 1586 01:16:14,760 --> 01:16:18,360 There are folks out there that are trying to separate you from your cash. 1587 01:16:18,440 --> 01:16:20,520 Okay. And we want you to be aware of that. 1588 01:16:20,520 --> 01:16:23,080 There are scams that are happening in the trademark industry. 1589 01:16:23,080 --> 01:16:25,160 It's no different than any other industry. 1590 01:16:25,160 --> 01:16:26,880 In fact, sometimes it might be worse. 1591 01:16:26,880 --> 01:16:31,400 And there are folks out there that are trying to come between you and our office. 1592 01:16:31,600 --> 01:16:36,160 They're trying to trick you into thinking that they are us and they are not. 1593 01:16:36,720 --> 01:16:40,200 And so we've seen it happen where folks have been taken for thousands of dollars. 1594 01:16:40,360 --> 01:16:42,880 They've wasted months and months of time. 1595 01:16:42,880 --> 01:16:45,240 They've gotten caught up in this thing. 1596 01:16:45,240 --> 01:16:48,480 Sometimes these are criminal enterprises and they sort of suck 1597 01:16:48,480 --> 01:16:51,600 you into a relationship that you don't want to be in. 1598 01:16:51,600 --> 01:16:54,040 So please, please, please be very, very careful. 1599 01:16:54,040 --> 01:16:56,840 Educate yourself about all the scams that are out there. 1600 01:16:56,840 --> 01:17:00,240 These happen before you file sometimes with these filing firms, 1601 01:17:00,960 --> 01:17:03,840 they say, "Oh yeah, we can design a logo for you. 1602 01:17:03,840 --> 01:17:05,640 And oh, also, by the way, you'd want to register that as a 1603 01:17:05,640 --> 01:17:08,640 trademark, right? There all kind of connected together." 1604 01:17:08,720 --> 01:17:11,280 Now are there legit companies? Yes. Okay. 1605 01:17:11,280 --> 01:17:14,360 But there are also folks out there that are not legit and they are fraudsters 1606 01:17:14,360 --> 01:17:17,160 and they're scammers and we want you to be aware of them. 1607 01:17:17,160 --> 01:17:19,520 So there's stuff that can happen before, there's stuff that can happen 1608 01:17:19,520 --> 01:17:22,680 after you file where they're sending these solicitations, trying to trick you 1609 01:17:22,760 --> 01:17:26,680 into thinking that they are us and they're not. Trying to trick you 1610 01:17:26,680 --> 01:17:30,280 into paying an invoice, which we will never, ever send you, okay? 1611 01:17:30,280 --> 01:17:31,920 We will never send you an invoice. 1612 01:17:31,920 --> 01:17:35,600 We will never try to pressure you into paying for something. We will never ask 1613 01:17:35,600 --> 01:17:37,480 for your credit card number over the phone. 1614 01:17:37,480 --> 01:17:40,480 We will never ask for your Social Security number over the phone. 1615 01:17:40,480 --> 01:17:42,120 None of those things are true. 1616 01:17:42,120 --> 01:17:43,960 Please don't fall into that trap. 1617 01:17:43,960 --> 01:17:47,920 And there's also scams happen after you register where they will 1618 01:17:47,920 --> 01:17:52,080 try and slip in and say, "Oh, you got to file this form." Before it's due. 1619 01:17:53,040 --> 01:17:54,000 You think you filed it. 1620 01:17:54,000 --> 01:17:54,960 You actually haven't. 1621 01:17:54,960 --> 01:17:57,240 And then your registration goes, 1622 01:17:57,240 --> 01:17:59,640 it gets canceled because you didn't actually file with us. 1623 01:17:59,640 --> 01:18:01,840 You filed with the scammer instead. 1624 01:18:01,840 --> 01:18:03,960 So there's all sorts of scams that are happening out there. 1625 01:18:03,960 --> 01:18:06,200 Hey, practitioners, this is for you. 1626 01:18:06,200 --> 01:18:09,200 If you if you're not already aware, please be aware. 1627 01:18:09,240 --> 01:18:13,040 Check your name in our database in the search system. 1628 01:18:13,040 --> 01:18:15,480 Okay. Use AT, colon, your name. 1629 01:18:15,480 --> 01:18:18,600 Pull up and make sure that you recognize all those files that are in there. 1630 01:18:18,840 --> 01:18:21,840 We've seen it where scammers are stealing people's 1631 01:18:22,840 --> 01:18:25,640 name and bar information and using that, or 1632 01:18:25,640 --> 01:18:29,080 in some cases they're soliciting attorneys to rent their information. 1633 01:18:29,520 --> 01:18:30,600 Also, not good. 1634 01:18:30,600 --> 01:18:33,600 Please, please, please do not do that. Okay. 1635 01:18:33,680 --> 01:18:36,000 So you might want to check and make sure if you're a practitioner as well, 1636 01:18:36,000 --> 01:18:39,000 that you're not also being scammed by the scammers. 1637 01:18:39,000 --> 01:18:41,320 We have lots of great information on the website. 1638 01:18:41,320 --> 01:18:44,040 All sorts of things that you can learn about trademarks if you're new to 1639 01:18:44,040 --> 01:18:47,920 the practice area. If you want to download the toolkit, go ahead and scan 1640 01:18:47,920 --> 01:18:49,960 the QR code that you see right there on the screen 1641 01:18:49,960 --> 01:18:52,840 that will download a toolkit to your phone or your mobile device. 1642 01:18:52,840 --> 01:18:55,840 You can keep it for yourself, share it with your friends. 1643 01:18:55,920 --> 01:18:58,240 And this sort of takes you through the registration process. 1644 01:18:58,240 --> 01:19:02,240 If you're new to intellectual property, you're not sure what you have. 1645 01:19:02,360 --> 01:19:04,200 Well, scan that QR code right there. 1646 01:19:04,200 --> 01:19:05,760 That'll take you to the IP identifier. 1647 01:19:05,760 --> 01:19:09,480 You can take a little quiz and determine if you have a copyright or trademark 1648 01:19:09,480 --> 01:19:10,520 a patent. 1649 01:19:10,520 --> 01:19:12,240 Maybe it's a trade secret. 1650 01:19:12,240 --> 01:19:16,320 You can take a look at that and answer those questions and get more information. 1651 01:19:16,320 --> 01:19:18,000 And of course, there's lots of other cool 1652 01:19:18,000 --> 01:19:20,200 things that we have, free services available. 1653 01:19:20,200 --> 01:19:21,440 If you want to check out the beta of 1654 01:19:21,440 --> 01:19:24,800 our chat bot slash virtual assistant slash whatever you want to call it, 1655 01:19:25,240 --> 01:19:25,880 check that out. 1656 01:19:25,880 --> 01:19:28,200 We're working on improving that thing as well. 1657 01:19:28,200 --> 01:19:31,440 If you have questions at any time, you can always contact our Trademark 1658 01:19:31,440 --> 01:19:32,560 Assistance Center. 1659 01:19:32,560 --> 01:19:35,560 It is our main support center for for trademarks. 1660 01:19:35,640 --> 01:19:36,840 They love to talk to you. 1661 01:19:36,840 --> 01:19:38,640 They're open 8:30 p.m. to 8 p.m. 1662 01:19:38,640 --> 01:19:40,440 Eastern, Monday through Friday. 1663 01:19:40,440 --> 01:19:44,280 Give them a call, shoot them an email, they typically pick up within 20 seconds. 1664 01:19:44,280 --> 01:19:47,280 So if you want to talk to a human, that's the way to go. 1665 01:19:47,520 --> 01:19:50,520 Also keep in mind that we do not provide legal advice 1666 01:19:50,720 --> 01:19:54,240 and we cannot help you enforce legal rights, which is why we always recommend 1667 01:19:54,240 --> 01:19:57,320 you work with a private attorney, especially when it comes to searching, 1668 01:19:57,720 --> 01:19:59,240 because these folks 1669 01:19:59,240 --> 01:20:02,480 are going to be your best resource because they're experienced in it. 1670 01:20:03,200 --> 01:20:05,960 They understand likelihood of confusion, they understand searching 1671 01:20:05,960 --> 01:20:07,960 because they've been doing it for a very long time. 1672 01:20:07,960 --> 01:20:10,920 Look, I'll tell you, I've been working for the office for over 20 years. 1673 01:20:10,920 --> 01:20:14,440 I clearly still have a little bit of trouble now and then executing a search. 1674 01:20:14,440 --> 01:20:17,440 So don't be surprised if you also have trouble 1675 01:20:17,680 --> 01:20:20,880 and don't be frustrated with yourself if it takes you a little bit of time 1676 01:20:20,880 --> 01:20:24,440 to learn how to do this stuff. If you're busy, you don't have time to do it, 1677 01:20:24,440 --> 01:20:26,920 you want to offload that to an experienced practitioner, 1678 01:20:26,920 --> 01:20:28,560 hey, highly recommended. 1679 01:20:28,560 --> 01:20:29,320 But then again, 1680 01:20:29,320 --> 01:20:31,760 if you want to take the time to educate yourself, do it on your own. 1681 01:20:31,760 --> 01:20:33,360 That's cool too. 1682 01:20:33,360 --> 01:20:35,240 No problem. You can do that. 1683 01:20:35,240 --> 01:20:37,000 If you do want to hire an attorney, check out the link 1684 01:20:37,000 --> 01:20:38,800 you see at the bottom of your screen. 1685 01:20:38,800 --> 01:20:40,440 There's more information about circumstances 1686 01:20:40,440 --> 01:20:44,600 in which you must hire an attorney. For our foreign-domiciled friends, 1687 01:20:44,600 --> 01:20:45,920 that would be you. 1688 01:20:45,920 --> 01:20:48,920 And if you're looking for free and reduced price services, 1689 01:20:49,160 --> 01:20:51,720 legal services, check out the link at the bottom of the screen. 1690 01:20:51,720 --> 01:20:53,120 There's a whole section right there 1691 01:20:53,120 --> 01:20:56,560 on on some pro bono services that are also out there. 1692 01:20:57,000 --> 01:21:00,280 And the other thing I would say is please be careful of these filing companies. 1693 01:21:00,280 --> 01:21:03,000 I know that I mentioned before, but 1694 01:21:04,320 --> 01:21:07,200 some of these companies provide unauthorized practice of law. 1695 01:21:07,200 --> 01:21:09,920 You do not want to be involved in those situations. 1696 01:21:09,920 --> 01:21:12,200 So if you're going to be working with somebody that you find 1697 01:21:12,200 --> 01:21:15,200 just by doing a search on the Internet, please make sure 1698 01:21:15,280 --> 01:21:17,480 that they have an attorney on staff that you'll be working with. 1699 01:21:17,480 --> 01:21:21,240 The only people who can represent you in your trademark application 1700 01:21:21,360 --> 01:21:25,080 are you as the trademark owner or the U.S.- 1701 01:21:25,080 --> 01:21:28,080 licensed attorney that you hire. That is it. 1702 01:21:28,400 --> 01:21:29,560 Okay? That's it. 1703 01:21:29,560 --> 01:21:31,520 You or your attorney. 1704 01:21:31,520 --> 01:21:32,360 That's it. 1705 01:21:32,360 --> 01:21:36,120 So please be very careful when you are filing your stuff with us. 1706 01:21:37,080 --> 01:21:37,680 Okay. 1707 01:21:37,680 --> 01:21:38,880 We're going to get to some questions. 1708 01:21:38,880 --> 01:21:40,560 Wow. We only have about 8 minutes left. 1709 01:21:40,560 --> 01:21:43,560 Sorry about that, folks, but hopefully Chris and Brett and Tim 1710 01:21:43,560 --> 01:21:47,120 and Mariessa have been answering things throughout the day today. 1711 01:21:47,880 --> 01:21:50,640 So you're not going to be too stranded. 1712 01:21:50,640 --> 01:21:53,520 So before we get in those questions, Mariessa, let me just 1713 01:21:53,520 --> 01:21:56,520 show folks where the feedback button is real quick here. 1714 01:21:56,520 --> 01:21:57,600 So you're probably going that's 1715 01:21:57,600 --> 01:22:00,600 why the first thing you're going to say, "Jason, show them the feedback." 1716 01:22:00,720 --> 01:22:02,040 So let me go ahead right here. 1717 01:22:02,040 --> 01:22:03,640 All right, folks, over here on the right-hand side, 1718 01:22:03,640 --> 01:22:07,160 you can see this feedback button right here. 1719 01:22:07,480 --> 01:22:10,480 I don't have a little thing to circle it, but oh, oh, maybe I do. 1720 01:22:10,760 --> 01:22:15,560 So if you see the feedback button right over there on the right-hand side, boom. 1721 01:22:15,760 --> 01:22:17,000 There we go. 1722 01:22:17,000 --> 01:22:19,800 Please, please, please use the feedback button. 1723 01:22:19,800 --> 01:22:20,120 Okay. 1724 01:22:20,120 --> 01:22:23,320 This is how we are going to be able to upgrade the system. 1725 01:22:23,520 --> 01:22:27,080 What you see in front of you right now is the minimally viable product 1726 01:22:27,080 --> 01:22:28,240 to get this out there. 1727 01:22:29,200 --> 01:22:30,360 And we want to hear from you. 1728 01:22:30,360 --> 01:22:32,040 We want to hear what changes 1729 01:22:32,040 --> 01:22:35,720 you would like to see in the system so we can have it better serve you. 1730 01:22:36,440 --> 01:22:39,440 And the feedback button is the way that you let us know what those things are. 1731 01:22:39,480 --> 01:22:42,080 Also, if you see a bug, let us know that too. 1732 01:22:42,080 --> 01:22:45,200 The one thing I will note, however, is that we do have a lot of feedback 1733 01:22:45,200 --> 01:22:47,920 that's coming in, so we will not be responding 1734 01:22:47,920 --> 01:22:50,920 to every bit of feedback or suggestion that comes in. 1735 01:22:51,000 --> 01:22:54,360 But please understand, if you send it in, we're seeing it, and it's getting sent 1736 01:22:54,360 --> 01:22:55,720 along to the developers. 1737 01:22:55,720 --> 01:22:58,680 Okay, so you're not going to get a response to your feedback, 1738 01:22:58,680 --> 01:23:01,720 but we want you to know we are getting it and we want it. 1739 01:23:02,120 --> 01:23:03,080 Okay, cool. 1740 01:23:03,080 --> 01:23:04,440 So what do we have, 1741 01:23:04,440 --> 01:23:06,560 Mariessa? I'm sure we have a lot of questions that came in. 1742 01:23:06,560 --> 01:23:08,520 -We've got a lot of questions. 1743 01:23:08,520 --> 01:23:09,720 We have like 1744 01:23:09,720 --> 01:23:13,160 of actually a good number of questions, talking about likelihood of confusion, 1745 01:23:13,680 --> 01:23:17,640 maybe because this is like a search discussion, basic search. 1746 01:23:17,640 --> 01:23:19,720 Let's start with some of those first. Okay. 1747 01:23:19,720 --> 01:23:23,880 So the first one, the first question, is there a manual? 1748 01:23:24,120 --> 01:23:25,880 Where can we go for help? 1749 01:23:25,880 --> 01:23:30,040 I know that you've got us right here on the page so you can navigate to it. 1750 01:23:30,240 --> 01:23:31,800 Yes, there is a manual. 1751 01:23:31,800 --> 01:23:36,120 This is a question from R, don't have the full name, but we have a letter. 1752 01:23:36,720 --> 01:23:37,920 -Okay. All right. 1753 01:23:37,920 --> 01:23:40,920 -If you show us real quick where we can go, where's our manual? 1754 01:23:41,880 --> 01:23:43,000 -All right, you want the TMEP? 1755 01:23:43,000 --> 01:23:43,960 You want the help here? 1756 01:23:43,960 --> 01:23:45,360 -I think we want the help here. 1757 01:23:45,360 --> 01:23:47,520 -The help here. Okay, R. 1758 01:23:47,520 --> 01:23:48,200 Hey, look, you know what? 1759 01:23:48,200 --> 01:23:51,080 Some people are so amazing, they can only go by one initial. 1760 01:23:51,080 --> 01:23:52,600 That's pretty awesome. 1761 01:23:52,600 --> 01:23:53,800 So, R, here you go. 1762 01:23:53,800 --> 01:23:56,680 You can see right here on the main page for search. 1763 01:23:56,680 --> 01:23:59,840 Oh, I should get my little annotator up right here. 1764 01:24:00,040 --> 01:24:01,720 You see this right here? 1765 01:24:01,720 --> 01:24:04,280 This is your help right here. 1766 01:24:04,280 --> 01:24:06,240 That's where you want to go. 1767 01:24:06,240 --> 01:24:08,640 There are, as you can see up here, there are three tabs. 1768 01:24:08,640 --> 01:24:10,920 We've got the basic, the advanced, and the glossary. 1769 01:24:10,920 --> 01:24:12,880 For everything that you need to know, 1770 01:24:12,880 --> 01:24:14,640 just read through the basic right here. 1771 01:24:14,640 --> 01:24:17,400 Probably within five minutes between what we've talked about today, 1772 01:24:17,400 --> 01:24:20,400 you spending a little bit of time with the system right here. 1773 01:24:20,520 --> 01:24:24,120 You can you can see a lot of the basic stuff that you need to do, 1774 01:24:25,800 --> 01:24:28,040 which I didn't really show it off, 1775 01:24:28,040 --> 01:24:31,640 but if you look right here on the little dropdown, 1776 01:24:31,840 --> 01:24:35,760 if you want to look for, "Hey, I want to see all the trademark 1777 01:24:36,000 --> 01:24:38,920 applications or registrations that have these particular goods 1778 01:24:38,920 --> 01:24:40,040 and services in there." 1779 01:24:40,040 --> 01:24:44,200 You could do that if you wanted to by using that little dropdown right there. 1780 01:24:44,760 --> 01:24:48,720 If you wanted to look for every trademark that's filed by PepsiCo, 1781 01:24:49,200 --> 01:24:52,360 you could do that by searching the owner field, things like that. 1782 01:24:52,360 --> 01:24:55,680 So there's ways to kind of, oh, I want to see all trademarks that have 1783 01:24:56,400 --> 01:24:59,240 a zebra by looking in the mark description. 1784 01:24:59,240 --> 01:25:02,040 You know, you could you could do that too, if you wanted to. 1785 01:25:02,040 --> 01:25:05,400 So there's various dropdowns that are available here, right here. 1786 01:25:05,960 --> 01:25:08,560 So just keep in mind, you don't have to like type them in. 1787 01:25:09,600 --> 01:25:12,600 So as you can see, that's noted here in these bullets. 1788 01:25:12,640 --> 01:25:14,320 For those, we got a little bit into the 1789 01:25:14,320 --> 01:25:17,320 some of the advanced stuff right here, folks, just because I wanted to 1790 01:25:17,760 --> 01:25:20,080 I wanted to give you some more information. 1791 01:25:20,080 --> 01:25:20,440 So there's 1792 01:25:20,440 --> 01:25:24,400 lots of things that are available here. If you want to find search fields, 1793 01:25:24,600 --> 01:25:27,600 like what are those tags that Jason was talking about, 1794 01:25:27,840 --> 01:25:30,080 you can open up the "Search fields" dropdown right here. 1795 01:25:30,080 --> 01:25:33,080 You can see all the different things that you can search. 1796 01:25:33,360 --> 01:25:35,960 Okay, that's getting a little bit too advanced for today. 1797 01:25:35,960 --> 01:25:38,920 We're going to talk about this more on October 16th. 1798 01:25:38,920 --> 01:25:41,520 But for those of you wondering about coordinated classes 1799 01:25:41,520 --> 01:25:43,680 and where you can find information about that, check this out. 1800 01:25:43,680 --> 01:25:46,240 The link is right here in the coordinated class thing. 1801 01:25:46,240 --> 01:25:47,760 You can just select that link. 1802 01:25:47,760 --> 01:25:52,200 It's going to open up all this information here about coordinated classes. 1803 01:25:52,600 --> 01:25:55,960 You can even look at these right here like, what did we have? We had 1804 01:25:56,560 --> 01:25:59,000 racquetball rackets, which would be sporting goods. 1805 01:25:59,000 --> 01:26:02,360 We can scroll down here to 28 and we can see 1806 01:26:02,560 --> 01:26:05,520 okay, toys and sporting goods we see right here in 28. 1807 01:26:05,520 --> 01:26:07,640 And what are the classes that are coordinated with that? 1808 01:26:07,640 --> 01:26:11,880 That's going to be your 9s and 16, 20, 25s, and some of your services. 1809 01:26:12,200 --> 01:26:12,840 Okay, So. 1810 01:26:12,840 --> 01:26:15,720 So that's one great place to get a whole lot of information 1811 01:26:15,720 --> 01:26:18,720 is right here in the help tab. 1812 01:26:18,840 --> 01:26:22,320 We talked some about these sort of regular expressions that's putting stuff inside 1813 01:26:22,920 --> 01:26:24,480 the little forward slashes. 1814 01:26:24,480 --> 01:26:26,680 Here's a great one here for common searches. 1815 01:26:26,680 --> 01:26:29,960 So for a lot of you folks, this might be all you need, okay? 1816 01:26:30,320 --> 01:26:33,320 This might be all you need right here with some of these more common searches 1817 01:26:33,600 --> 01:26:34,560 that are available. 1818 01:26:34,560 --> 01:26:36,080 So this is the help right here. 1819 01:26:36,080 --> 01:26:39,320 There's a glossary. It's not huge, right? 1820 01:26:39,360 --> 01:26:42,120 But it's got some of the some of the information you might find helpful. 1821 01:26:42,120 --> 01:26:44,960 But basic and advance, that's where you going to find a lot of great help. 1822 01:26:44,960 --> 01:26:46,200 So there you go, R. 1823 01:26:46,200 --> 01:26:49,080 -Okay, Jason. Look at you hitting all these different. 1824 01:26:49,080 --> 01:26:51,680 You have answered about three or four different questions 1825 01:26:52,800 --> 01:26:53,920 with that show and tell. 1826 01:26:53,920 --> 01:26:56,160 Thank you so much. Okay. -You got it. 1827 01:26:56,160 --> 01:26:57,360 -We are zipping through here. 1828 01:26:57,360 --> 01:26:59,560 So hopefully all the folks who are interested in 1829 01:26:59,560 --> 01:27:01,320 that heard it loud and clear. 1830 01:27:01,320 --> 01:27:03,000 Here's a question from Meredith. 1831 01:27:03,000 --> 01:27:04,600 So she just wants you to kind of slowly 1832 01:27:04,600 --> 01:27:08,360 walk her through refining by class as opposed to goods and services. 1833 01:27:08,360 --> 01:27:10,080 I know that you did that, 1834 01:27:10,080 --> 01:27:14,800 but maybe walking it through will help all of us kind of remember that 1835 01:27:14,800 --> 01:27:18,600 that's sort of kind of easy to do with our new system. 1836 01:27:18,760 --> 01:27:20,760 -Yeah, yeah, yeah. 1837 01:27:20,760 --> 01:27:22,960 So let's see. Let's go here. 1838 01:27:22,960 --> 01:27:25,320 I don't know, Meredith. We're going to. 1839 01:27:25,320 --> 01:27:28,320 Okay, what we're going to do, Meredith, is we're going to search 1840 01:27:30,000 --> 01:27:30,600 MEREDITH. 1841 01:27:30,600 --> 01:27:33,280 Okay, so there's 84. Okay, of course, 1842 01:27:33,280 --> 01:27:33,840 Meredith Gray. 1843 01:27:34,800 --> 01:27:35,880 So we're going to look at all the live 1844 01:27:35,880 --> 01:27:38,880 MEREDITH marks. "Ooo, 35. Jason, that's too many." 1845 01:27:39,000 --> 01:27:42,280 So we wanted to, we wanted to narrow by class, right? 1846 01:27:42,280 --> 01:27:43,080 That's what we said. 1847 01:27:43,080 --> 01:27:46,720 So did Meredith indicate any particular type of good or service 1848 01:27:46,720 --> 01:27:49,600 or should we just guess at it? -No, no, no, she did not. 1849 01:27:49,600 --> 01:27:51,360 Oh. Meredith, okay, 1850 01:27:51,360 --> 01:27:51,800 Meredith. 1851 01:27:51,800 --> 01:27:52,200 Okay, 1852 01:27:52,200 --> 01:27:56,120 so the good news is searching for this, like, 35 is nothing to look through. 1853 01:27:56,760 --> 01:27:58,280 But as always, it depends, 1854 01:27:58,280 --> 01:27:59,280 your trademark always depends 1855 01:27:59,280 --> 01:28:03,800 on the specific goods and services that you're using with your trademark. 1856 01:28:04,080 --> 01:28:07,800 So let's say, for example, 1857 01:28:08,520 --> 01:28:12,960 that you have an Etsy shop, right, where you are 1858 01:28:12,960 --> 01:28:18,000 selling your, I don't know, artisanal candles that you make. 1859 01:28:18,000 --> 01:28:18,240 I don't know, 1860 01:28:18,240 --> 01:28:21,520 Meredith, why I'm thinking you do that, but let's say that that is the case. 1861 01:28:21,520 --> 01:28:22,040 Okay? 1862 01:28:22,040 --> 01:28:26,440 So I'll tell you right now, those sorts of things are online 1863 01:28:26,440 --> 01:28:29,440 retail store services are in class 35. 1864 01:28:29,560 --> 01:28:32,800 So all you have to do is type "AND," right. 1865 01:28:32,800 --> 01:28:34,160 Because it's always got to be in uppercase. 1866 01:28:34,160 --> 01:28:35,840 Sorry if I just split your ears. 1867 01:28:35,840 --> 01:28:40,440 But "AND" in all uppercase and then you say coordinated class 1868 01:28:41,920 --> 01:28:45,200 35. Okay, so this is going to find us anything 1869 01:28:45,200 --> 01:28:46,000 that's the trademark 1870 01:28:46,000 --> 01:28:50,920 MEREDITH. And, oh wait, I want to make sure I've got expert mode turned on just in case. 1871 01:28:51,840 --> 01:28:54,880 So we've got the word MEREDITH and something 1872 01:28:54,880 --> 01:28:57,880 that's in class, coordinated class 35. 1873 01:28:57,960 --> 01:29:00,960 We hit the little magnifying glass and we're going, 1874 01:29:01,320 --> 01:29:02,560 Oh, man, what did I do? 1875 01:29:02,560 --> 01:29:03,160 -What did you do? 1876 01:29:03,160 --> 01:29:06,160 Meredith. -Oh, I know what I did. 1877 01:29:06,160 --> 01:29:08,160 You forgot to do the CM. 1878 01:29:08,160 --> 01:29:08,400 -Yeah. 1879 01:29:08,400 --> 01:29:11,160 -See, folks, new system. 1880 01:29:11,160 --> 01:29:13,160 -We're all learning it. 1881 01:29:13,160 --> 01:29:14,760 -We're all learning. Okay, cool. 1882 01:29:14,760 --> 01:29:16,120 So those mistakes are going happen. 1883 01:29:16,120 --> 01:29:18,280 So please, if they happen to you too, don't get frustrated. 1884 01:29:18,280 --> 01:29:20,680 All right. So we see MEREDITH 1885 01:29:20,680 --> 01:29:24,520 in the, in the trademark bucket and we find the 35 coordinated class. 1886 01:29:24,520 --> 01:29:25,960 So, Meredith, that's how you do it. 1887 01:29:25,960 --> 01:29:28,960 You just you figure out what your class is, right? 1888 01:29:29,000 --> 01:29:31,880 And if you want to type it in that way, you can do that. 1889 01:29:31,880 --> 01:29:33,480 And as I showed you, 1890 01:29:33,480 --> 01:29:37,800 one way you can go about it is by going through the help and looking through 1891 01:29:38,280 --> 01:29:41,280 all these classes right here, you can find your coordinated class. 1892 01:29:41,280 --> 01:29:43,560 So for here we would be scrolling down. 1893 01:29:43,560 --> 01:29:46,160 It would take you might take you a second to find what you're looking for. 1894 01:29:46,160 --> 01:29:47,760 I happen to know. 1895 01:29:47,760 --> 01:29:51,200 So this is going to be it's actually in the advertising and business services 1896 01:29:51,200 --> 01:29:52,200 in class 35. 1897 01:29:53,640 --> 01:29:53,960 Okay. 1898 01:29:53,960 --> 01:29:55,680 So that's how we get to our class 35. 1899 01:29:55,680 --> 01:29:57,080 So that's one way to go about it, 1900 01:29:57,080 --> 01:30:00,520 Meredith. And the other would be to if you wanted to, 1901 01:30:02,280 --> 01:30:04,920 just use this over here, this filter over here, 1902 01:30:04,920 --> 01:30:07,760 that's available in the expert mode. 1903 01:30:07,760 --> 01:30:09,480 You select 35. 1904 01:30:09,480 --> 01:30:11,440 It's going to do the same thing for you and you're still 1905 01:30:11,440 --> 01:30:13,440 going to get those 14 results. 1906 01:30:13,440 --> 01:30:15,200 So that's for coordinated class. 1907 01:30:15,200 --> 01:30:18,280 If you wanted to narrow down to just the class itself 1908 01:30:18,360 --> 01:30:21,480 through the international class, we just turn off the coordinated toggle 1909 01:30:21,960 --> 01:30:25,800 right here and you can see it's only class 35. 1910 01:30:26,160 --> 01:30:28,720 And you see at this point we're down to seven. 1911 01:30:28,720 --> 01:30:30,440 And so that's how you would narrow down 1912 01:30:30,440 --> 01:30:32,760 by coordinated class and then international class. 1913 01:30:34,240 --> 01:30:35,040 -Okay. 1914 01:30:35,040 --> 01:30:38,960 So if you were right here, though, and this is Jenna, let's say we wanted 1915 01:30:38,960 --> 01:30:42,960 to modify this search a little bit so we would just see registered marks. 1916 01:30:43,320 --> 01:30:43,880 Like 1917 01:30:43,880 --> 01:30:44,760 marks that are registered. 1918 01:30:44,760 --> 01:30:48,000 Now, Tim was kind enough to answer that question in our Q&A. 1919 01:30:48,240 --> 01:30:51,320 He was saying just add, you know, and registered colon 1920 01:30:51,320 --> 01:30:51,720 true. 1921 01:30:51,720 --> 01:30:54,720 We could add that to the search line and maybe that would help too. 1922 01:30:55,520 --> 01:30:56,760 -Here's what I would do. 1923 01:30:56,760 --> 01:30:58,840 Okay, here's what I would do. 1924 01:30:58,840 --> 01:31:01,560 Okay. And watch. This is going to blow up the system. 1925 01:31:01,560 --> 01:31:06,600 But here's a super cool thing you can do, folks, because the asterisk is like 1926 01:31:07,280 --> 01:31:10,120 can it can kind of bring you infinite stuff in cases. 1927 01:31:10,120 --> 01:31:14,040 So what this is going to do, it's going to find us every registration 1928 01:31:14,040 --> 01:31:18,080 because RN means registration number, that asterisk is going to bring us. -Every one. 1929 01:31:18,080 --> 01:31:20,960 -Anything you want. Anything. Okay, so this is going to find us 1930 01:31:20,960 --> 01:31:23,960 MEREDITH trademarks that are registered. 1931 01:31:24,480 --> 01:31:28,080 By using RN:* And we can see right here 1932 01:31:30,160 --> 01:31:30,840 we have these 1933 01:31:30,840 --> 01:31:34,240 six that are registrations with the word MEREDITH in them. 1934 01:31:34,600 --> 01:31:39,120 And for those of you like, "Okay, Jason, what if I want not registered trademarks, 1935 01:31:39,120 --> 01:31:43,080 you could let's see what happens if you do "AND NOT" registration number. 1936 01:31:44,680 --> 01:31:46,400 That can't be right. 1937 01:31:46,400 --> 01:31:49,200 Well I might have broken the system 1938 01:31:49,200 --> 01:31:52,200 and Tim is going to come on and be like, "Jason. No. 1939 01:31:52,960 --> 01:31:55,080 But what you could do is actually. 1940 01:31:55,080 --> 01:31:55,720 -You want us to get Tim. 1941 01:31:55,720 --> 01:31:56,160 1942 01:31:56,160 --> 01:31:57,000 He's right here. 1943 01:31:57,000 --> 01:31:59,640 -Yeah. Tim. What do we want to do. 1944 01:31:59,640 --> 01:32:00,880 What's happening here. What? What do we. Do? 1945 01:32:00,880 --> 01:32:02,160 What did I do wrong? 1946 01:32:02,160 --> 01:32:03,160 -It was correct, actually. 1947 01:32:03,160 --> 01:32:06,960 You had seven results and six of them are registered, and one of them was not. 1948 01:32:07,320 --> 01:32:10,360 -Oh, so it involves math. Okay. Thank you. 1949 01:32:12,880 --> 01:32:14,280 Oh, great. 1950 01:32:14,280 --> 01:32:15,840 Pass. Hey, I got it right. 1951 01:32:15,840 --> 01:32:16,440 Okay, cool. 1952 01:32:16,440 --> 01:32:20,120 So just say, folks, Tim is probably the foremost expert 1953 01:32:20,120 --> 01:32:23,600 on our new search system anywhere. 1954 01:32:24,360 --> 01:32:26,560 Okay? So he probably knows it better than anybody. 1955 01:32:26,560 --> 01:32:30,720 So if you got an answer from Tim, you got the gold standard. -That's right. 1956 01:32:31,080 --> 01:32:32,280 -All right, what else we have? Hope that helped you there, Jenna. 1957 01:32:32,280 --> 01:32:36,120 -Okay, so, yeah, I think it helped me, too. 1958 01:32:36,120 --> 01:32:37,120 Okay, so how about this? 1959 01:32:37,120 --> 01:32:41,160 This is just a refresher. When we're doing CM: search, 1960 01:32:41,600 --> 01:32:46,000 what are we actually looking at? Is that the word mark and what else? 1961 01:32:46,480 --> 01:32:48,400 -Oh, yeah, that's a great question. 1962 01:32:48,400 --> 01:32:50,320 Let me show you real quick here, folks. 1963 01:32:50,320 --> 01:32:53,320 So if we go back into the help, we can see a little definition 1964 01:32:53,760 --> 01:32:55,360 of what that CM stands for. 1965 01:32:55,360 --> 01:32:59,280 So we're going to look here in our search fields and scroll down here to combined mark. 1966 01:32:59,280 --> 01:33:01,800 This is our CM right here, okay? 1967 01:33:01,800 --> 01:33:02,440 You can see right 1968 01:33:02,440 --> 01:33:06,000 here, it's going to have the word mark, the pseudo mark, and the translation field. 1969 01:33:06,360 --> 01:33:10,280 So that's going to be that bucket, any bucket, any trademark bucket. 1970 01:33:10,720 --> 01:33:15,120 And also pseudo mark would be, let's say, remember our COCA-COLA 1971 01:33:15,360 --> 01:33:18,920 example from earlier today where someone was trying to register 1972 01:33:18,960 --> 01:33:23,160 K-O-Q-A-hyphen, you know, K-O-L-A whatever, right? 1973 01:33:23,320 --> 01:33:26,400 That might pop up in the pseudo mark field spelled correctly. 1974 01:33:27,000 --> 01:33:27,800 Okay. 1975 01:33:27,800 --> 01:33:29,760 And so what this is, this is a great way to go. 1976 01:33:29,760 --> 01:33:33,960 The CM is a great way to go, because it's going to it's it's kind of a again, 1977 01:33:33,960 --> 01:33:39,240 an unofficial hack, right, for searching alternate spellings of words. 1978 01:33:39,840 --> 01:33:40,920 And now it's going to be dependent 1979 01:33:40,920 --> 01:33:44,280 on somebody having already submitted that at some point. 1980 01:33:44,680 --> 01:33:45,840 But that's one way to kind of go about it 1981 01:33:45,840 --> 01:33:48,200 because we're not putting alternate spellings in the pseudo mark field. 1982 01:33:48,200 --> 01:33:50,160 It's just if somebody had done that already. 1983 01:33:50,160 --> 01:33:54,200 So if you going to search COCA-COLA spelled with Cs and Ks and things 1984 01:33:54,200 --> 01:33:55,240 like that, 1985 01:33:55,240 --> 01:33:58,200 yeah, it might pop in the pseudo mark field. And a translation field 1986 01:33:58,200 --> 01:34:01,200 is going to be if somebody had already submitted translation for that wording. 1987 01:34:01,600 --> 01:34:05,960 So let's say the trademark was FIESTA and somebody put in the translation, 1988 01:34:05,960 --> 01:34:09,200 you know, FIESTA means, in thea mark, means PARTY. 1989 01:34:09,680 --> 01:34:13,200 So PARTY would pop up and if you were doing a search on FIESTA 1990 01:34:13,200 --> 01:34:17,120 or PARTY, it should it should pop in terms of the combined mark field. 1991 01:34:17,280 --> 01:34:20,160 So that is a really great way to sort of 1992 01:34:20,160 --> 01:34:23,160 like give you an easy way in 1993 01:34:23,440 --> 01:34:26,160 to finding some alternate spellings and different 1994 01:34:27,240 --> 01:34:28,080 foreign translations. 1995 01:34:28,080 --> 01:34:29,800 One thing I'll point out, okay, I'll give you this. 1996 01:34:29,800 --> 01:34:31,680 I know we're already 5 minutes over, 1997 01:34:31,680 --> 01:34:34,000 but let me just show you this real quick here, folks. 1998 01:34:34,000 --> 01:34:35,880 You see the CM2. 1999 01:34:35,880 --> 01:34:38,880 Here's another kind of like easy way to go about it. 2000 01:34:39,280 --> 01:34:42,040 So let's go back here. 2001 01:34:42,040 --> 01:34:45,040 If we were going to do CM, 2002 01:34:45,320 --> 01:34:47,640 this is right. 2003 01:34:47,640 --> 01:34:49,240 We were going to do CM:zebra. 2004 01:34:49,240 --> 01:34:50,520 Now, I don't know if this is going to work or not. 2005 01:34:50,520 --> 01:34:53,160 We get 691. 2006 01:34:53,160 --> 01:34:56,360 If we did see CM2, it's going to find us 2007 01:34:56,360 --> 01:35:00,680 plurals and stems of ZEBRA: 729. 2008 01:35:00,680 --> 01:35:04,320 So this should be finding us ZEBRAS and stuff that has ZEBRA 2009 01:35:04,920 --> 01:35:07,520 stuff coming off the end of the ZEBRA. 2010 01:35:07,520 --> 01:35:08,720 The word ZEBRA. 2011 01:35:08,720 --> 01:35:10,720 -I think you just blew my mind with that one. 2012 01:35:10,720 --> 01:35:12,080 -Mm hmm. Hmm. 2013 01:35:12,080 --> 01:35:14,040 Okay, so keep that in mind, folks. 2014 01:35:14,040 --> 01:35:16,800 You can just add a little "2" next to this. And it's a quick and 2015 01:35:16,800 --> 01:35:20,280 easy way to quickly expand your search to check out some plurals. 2016 01:35:20,640 --> 01:35:22,680 Okay. Okay. 2017 01:35:22,680 --> 01:35:24,000 -We're getting into the nitty gritty. 2018 01:35:24,000 --> 01:35:25,640 So here's a question about those 2019 01:35:25,640 --> 01:35:27,240 those pesky little slash marks. 2020 01:35:27,240 --> 01:35:28,600 We got these slash marks. 2021 01:35:28,600 --> 01:35:31,120 When do, are we supposed to use those? Exactly? 2022 01:35:32,400 --> 01:35:35,080 -That is a great question. 2023 01:35:35,080 --> 01:35:37,520 I don't know who asked it, but it's a great question. 2024 01:35:37,520 --> 01:35:40,520 So here's here's how I think about it. Okay? 2025 01:35:40,680 --> 01:35:43,080 If you just want to do a dead-on search, 2026 01:35:43,080 --> 01:35:46,080 okay, you just want to search for ZEBRA. 2027 01:35:46,600 --> 01:35:49,600 Cool, no little slash is necessary. 2028 01:35:50,120 --> 01:35:54,120 But if you want to do some cool kind of like pattern matching 2029 01:35:54,280 --> 01:35:57,200 and you wanted to look for, "Is it spelled with an S? 2030 01:35:57,200 --> 01:36:03,040 Is it spelled with a Z?" There you would have to put it inside the slashes. 2031 01:36:03,480 --> 01:36:03,920 Right. 2032 01:36:03,920 --> 01:36:06,720 Those slashes essentially create a little box. 2033 01:36:06,720 --> 01:36:08,240 They create a little basket. 2034 01:36:08,240 --> 01:36:11,880 They tell the system, "Hey, we're going to do some funky stuff inside here, 2035 01:36:11,880 --> 01:36:13,680 okay, so pay attention." 2036 01:36:13,680 --> 01:36:15,160 And so the system will then know, 2037 01:36:15,160 --> 01:36:18,240 "Okay, things are going to operate a little bit different, right? 2038 01:36:18,240 --> 01:36:22,600 We've entered a different universe in our little slashes over here." 2039 01:36:22,840 --> 01:36:25,160 So it's only if you're going to essentially be doing a lot of pattern 2040 01:36:25,160 --> 01:36:28,160 matching and things like that when you need to use the slashes. 2041 01:36:28,440 --> 01:36:31,560 I'll tell you this, right, If we think about, "Hey, 2042 01:36:31,600 --> 01:36:34,440 I'm learning the new system or I'm new to the system 2043 01:36:34,440 --> 01:36:37,560 or I'm new to trademark searching." One thing you might want to think about 2044 01:36:37,560 --> 01:36:41,480 is like pretty much always kind of using the slashes. 2045 01:36:42,760 --> 01:36:44,040 I don't know if that's, I don't know. 2046 01:36:44,040 --> 01:36:45,080 Tim will come on and tell me, 2047 01:36:45,080 --> 01:36:46,960 "Jason, that's a terrible idea 2048 01:36:46,960 --> 01:36:49,960 because using the slashes will take away some of your options." 2049 01:36:50,640 --> 01:36:52,920 But you're going to be doing 2050 01:36:52,920 --> 01:36:55,920 some pattern matching searching probably at some point anyway. 2051 01:36:56,200 --> 01:36:58,720 So you can kind of get used to the idea that stuff is going 2052 01:36:58,720 --> 01:37:01,720 to go inside of the slashes. 2053 01:37:02,360 --> 01:37:05,400 So if you're just doing a dead-on search, don't worry about the slashes. 2054 01:37:05,400 --> 01:37:06,960 But anytime you're going to be doing something 2055 01:37:06,960 --> 01:37:08,400 that's a little bit more advanced, 2056 01:37:08,400 --> 01:37:11,400 then you're going to want to put it inside the forward slashes. 2057 01:37:11,600 --> 01:37:13,600 So that's kind of one way to think about it. 2058 01:37:13,600 --> 01:37:14,200 -I love this. 2059 01:37:14,200 --> 01:37:15,000 The concept of a 2060 01:37:15,000 --> 01:37:18,840 you're entering a new dimension and I think that really is helpful. 2061 01:37:18,840 --> 01:37:21,200 This is this regular expression dimension. 2062 01:37:21,200 --> 01:37:25,680 So here's a question from Seth trying to figure out when to use a dot star 2063 01:37:26,000 --> 01:37:27,200 instead of the star. 2064 01:37:27,200 --> 01:37:31,760 And I think it kind of flows right into what you're saying, dot star for this 2065 01:37:32,880 --> 01:37:33,760 special 2066 01:37:33,760 --> 01:37:37,120 dimension, what could you apply that ruler there? 2067 01:37:37,520 --> 01:37:38,280 -Yeah. All right. 2068 01:37:38,280 --> 01:37:41,040 So let me tell you this, Seth. Okay, so here's the deal. 2069 01:37:41,040 --> 01:37:42,880 When you're searching, 2070 01:37:42,880 --> 01:37:45,040 we're going to talk about this a little bit more on the 16th. 2071 01:37:45,040 --> 01:37:48,240 But when you're when you're here, okay, when you're inside 2072 01:37:48,600 --> 01:37:51,360 our alternate universe, 2073 01:37:51,360 --> 01:37:53,480 the period or the dot 2074 01:37:53,480 --> 01:37:56,480 essentially is an indicator of one character. 2075 01:37:57,840 --> 01:37:59,520 Okay, so one character. 2076 01:37:59,520 --> 01:38:02,960 So if we wanted to, we we could put it here 2077 01:38:03,080 --> 01:38:08,760 and it's going to find us an instance of S-or- Z-E with some sort of character B-R-A. 2078 01:38:08,840 --> 01:38:11,640 I wonder what that's going to get us. I don't know. 17. Right. 2079 01:38:11,640 --> 01:38:14,640 So we can see here our Z-E-E-B-R-A. 2080 01:38:14,920 --> 01:38:17,920 Okay, so a dot equals one character. 2081 01:38:18,000 --> 01:38:19,240 Here's the cool thing. 2082 01:38:19,240 --> 01:38:21,720 You can use that little quantifier, right? 2083 01:38:21,720 --> 01:38:23,760 We could say one or two, right? 2084 01:38:23,760 --> 01:38:26,760 So this is going to find us one E or two Es. 2085 01:38:27,120 --> 01:38:30,120 Or actually not even that. It's going to find one or two characters. 2086 01:38:30,560 --> 01:38:33,120 Okay, I got 18 of these things right? 2087 01:38:33,120 --> 01:38:36,120 So if you're like, "I don't care about numbers, Jason." 2088 01:38:37,120 --> 01:38:38,120 You should be able to use the 2089 01:38:38,120 --> 01:38:41,880 dot star and it's going to find stuff or not, okay? 2090 01:38:41,880 --> 01:38:44,880 It's going to find apparently zero or more 2091 01:38:45,080 --> 01:38:48,080 unless Tim comes on and says, "No, Jason, you have it exactly wrong." 2092 01:38:48,520 --> 01:38:48,960 Right? 2093 01:38:48,960 --> 01:38:51,960 So essentially think about the star 2094 01:38:52,080 --> 01:38:54,320 as an infinite quantifier. 2095 01:38:54,320 --> 01:38:56,280 You could put it here on the end, right? 2096 01:38:56,280 --> 01:39:00,120 This might get you, for example, one thing. 2097 01:39:01,400 --> 01:39:03,120 So it's only going to find 2098 01:39:03,120 --> 01:39:06,440 like these things with an S right here at the end, right? 2099 01:39:07,200 --> 01:39:12,120 You can say give me, I only want 1 to 4 things at the very end, right. 2100 01:39:12,120 --> 01:39:15,080 You can put whatever digits you want in there. 2101 01:39:15,080 --> 01:39:15,480 Right. 2102 01:39:15,480 --> 01:39:16,440 Or you could say, 2103 01:39:16,440 --> 01:39:20,640 forget that, I want to find everything and you could use the dot star instead. 2104 01:39:21,280 --> 01:39:23,240 Right? So think about it as a quantifier. 2105 01:39:23,240 --> 01:39:24,480 It's plussing you up. 2106 01:39:24,480 --> 01:39:24,960 Okay. 2107 01:39:24,960 --> 01:39:28,240 It's a not an exponent, but think about it like an exponent, right? 2108 01:39:28,640 --> 01:39:31,080 It's going to it's going to plus up the character or the 2109 01:39:31,080 --> 01:39:32,800 whatever you have that comes right before it. 2110 01:39:34,080 --> 01:39:34,920 -Okay. 2111 01:39:34,920 --> 01:39:35,440 Does that help, Seth? 2112 01:39:35,440 --> 01:39:36,800 Hopefully that helps. 2113 01:39:36,800 --> 01:39:39,800 -We hope that helps. 2114 01:39:39,880 --> 01:39:43,320 We are sort of watching the clock, but you know, 2115 01:39:43,320 --> 01:39:46,320 maybe we can answer this question that was submitted, 2116 01:39:46,400 --> 01:39:49,440 the rationale for how the results are ordered. 2117 01:39:50,480 --> 01:39:51,960 Oh, are these ranked? 2118 01:39:51,960 --> 01:39:54,400 We know that in TESS how it went. 2119 01:39:54,400 --> 01:39:57,000 But here, is there some sort of 2120 01:39:57,000 --> 01:40:00,000 is there a rationale for how these things are listed? 2121 01:40:00,560 --> 01:40:04,160 -Yeah, so so Tim could 2122 01:40:05,120 --> 01:40:07,440 explain or Chris or Brett could explain it better than I could. 2123 01:40:07,440 --> 01:40:09,800 But here's here's how I understand it, folks. Okay? 2124 01:40:09,800 --> 01:40:12,280 When you're in regular mode, non-expert 2125 01:40:12,280 --> 01:40:15,400 mode, you know, regular-user mode, okay. 2126 01:40:15,400 --> 01:40:18,960 Where I think most of us probably belong. There, it's going to, the search system 2127 01:40:18,960 --> 01:40:23,280 is going to do its own kind of like, hey, this is what I think might work for you. 2128 01:40:23,280 --> 01:40:23,560 Right? 2129 01:40:23,560 --> 01:40:27,680 It's not exactly going to be a weighted sort of thing, but, you know, 2130 01:40:27,800 --> 01:40:31,240 when you're searching Google or any of the other search engines, 2131 01:40:31,440 --> 01:40:34,200 they do a pretty good job of weghting your results to give you the most 2132 01:40:34,200 --> 01:40:35,360 the most relevant. 2133 01:40:35,360 --> 01:40:36,560 So the search system is trying to do 2134 01:40:36,560 --> 01:40:39,560 its best to do that when you're in non-expert mode. 2135 01:40:40,520 --> 01:40:41,120 But when you go into 2136 01:40:41,120 --> 01:40:44,160 expert mode, it's going to give you more garden variety 2137 01:40:45,200 --> 01:40:47,680 results in terms of where things are located. 2138 01:40:47,680 --> 01:40:49,440 Tim, I see, you've come on board. 2139 01:40:49,440 --> 01:40:52,440 Did I get that right? 2140 01:40:52,840 --> 01:40:55,240 -Yes. -Awesome. 2141 01:40:55,240 --> 01:40:55,800 Cool. 2142 01:40:55,800 --> 01:40:58,000 So it's going to have a. You can explain a little bit more 2143 01:40:58,000 --> 01:41:01,160 if you want to, Tim, but. -Go right ahead. 2144 01:41:01,240 --> 01:41:04,240 I think you got this. -Okay. 2145 01:41:04,560 --> 01:41:06,240 You so, yeah. 2146 01:41:06,240 --> 01:41:08,400 So if you want if you want the search system 2147 01:41:08,400 --> 01:41:11,640 to do a little of the work for you in terms of possibility 2148 01:41:11,640 --> 01:41:14,640 of relevance, then go in non-expert mode. 2149 01:41:15,000 --> 01:41:18,280 We should come up with a name for that, not, you know, instead of non-expert mode, 2150 01:41:19,360 --> 01:41:20,640 regular-person mode. 2151 01:41:20,640 --> 01:41:22,120 Right. 2152 01:41:22,120 --> 01:41:26,080 And then if you go in expert, then it's going to be more straightforward results. 2153 01:41:26,760 --> 01:41:29,280 So that's kind of quick answer. -Okay. 2154 01:41:29,280 --> 01:41:31,000 You want to do one more before. 2155 01:41:31,000 --> 01:41:32,360 -Sure. -Okay. 2156 01:41:32,360 --> 01:41:33,720 How do you pull up your, 2157 01:41:33,720 --> 01:41:36,960 This is from Carol, wanting to pull up previous search strategies. 2158 01:41:36,960 --> 01:41:40,600 We saw you moving rapidly as you were looking through your searches. 2159 01:41:40,600 --> 01:41:45,440 And yeah, can you show us like sort of slow motion. 2160 01:41:46,360 --> 01:41:49,120 -Sure sure sure sure sure. Here we go. 2161 01:41:49,120 --> 01:41:49,440 Okay, 2162 01:41:51,160 --> 01:41:54,160 you hit the x. 2163 01:41:54,240 --> 01:41:54,920 -Voila. 2164 01:41:54,920 --> 01:41:56,920 Okay. -Boom. There you go. 2165 01:41:56,920 --> 01:41:59,920 And now you've got your search history right here, Carol. 2166 01:42:00,000 --> 01:42:02,680 So as you can see, 2167 01:42:02,680 --> 01:42:05,680 we go all the way back to number one. 2168 01:42:07,080 --> 01:42:07,920 I forget exactly 2169 01:42:07,920 --> 01:42:11,280 what the upper limit is on this. 2170 01:42:11,360 --> 01:42:14,040 I mean, it doesn't go infinite, right? 2171 01:42:14,040 --> 01:42:15,720 Because I think it can run into some problems. 2172 01:42:15,720 --> 01:42:20,560 But unlike previous versions, like TESS had a little bit of a limit to it. 2173 01:42:20,960 --> 01:42:24,320 Might have been 200. Our internal system certainly had a limit to it. 2174 01:42:24,800 --> 01:42:28,760 There's less of a limit here. So you can go back and if you're like, 2175 01:42:28,920 --> 01:42:34,560 "Okay, well, Jason, I don't want to have like 400 search things here. 2176 01:42:34,560 --> 01:42:37,320 It's going to take forever to go through." You know, how you can do that. 2177 01:42:37,320 --> 01:42:38,280 Well, guess what? 2178 01:42:38,280 --> 01:42:41,280 You can just close it, okay. 2179 01:42:41,520 --> 01:42:45,240 And then when you close out your browser, 2180 01:42:45,400 --> 01:42:47,200 it is going to essentially clear the history. 2181 01:42:47,200 --> 01:42:52,320 Let me open it back up again over here and you'll see that all of the 2182 01:42:55,120 --> 01:42:56,960 here, I'll show you different way to get in this. 2183 01:42:56,960 --> 01:42:59,960 By the way, if you go to the Trademarks page, you can just hit "Search trademarks." 2184 01:43:00,000 --> 01:43:01,680 It's going to bring you the same thing. 2185 01:43:01,680 --> 01:43:04,920 All of that search history should be gone. 2186 01:43:05,040 --> 01:43:06,400 Yes. Yes, it is. 2187 01:43:06,400 --> 01:43:09,480 And if we search MEREDITH again, that'll probably be search number one. 2188 01:43:10,520 --> 01:43:10,800 Right? 2189 01:43:10,800 --> 01:43:13,920 So one more time you see your history 2190 01:43:13,920 --> 01:43:16,920 by hitting the x here, I'll annotate 2191 01:43:17,080 --> 01:43:20,080 by hitting the x right here. 2192 01:43:21,080 --> 01:43:21,600 And there we go. 2193 01:43:21,600 --> 01:43:24,080 We see our one search history. Now it's been reset. 2194 01:43:24,080 --> 01:43:25,960 And so MEREDITH is number one. 2195 01:43:25,960 --> 01:43:28,960 Number one on the sheet. 2196 01:43:29,440 --> 01:43:29,880 -Okay. 2197 01:43:29,880 --> 01:43:32,920 And when you had all those different search strings up there, you're also able 2198 01:43:32,920 --> 01:43:36,520 to manipulate them so you can search different lines together, right? 2199 01:43:36,520 --> 01:43:37,920 -Yeah, that's right. 2200 01:43:37,920 --> 01:43:43,280 You can do 1 AND 2 or 3 AND NOT 1 and, you know, things like that. 2201 01:43:43,280 --> 01:43:46,320 So you can you can, you can do you can even do multiples: 2202 01:43:46,600 --> 01:43:49,320 1 AND 2 AND 3. Right. 2203 01:43:49,320 --> 01:43:51,520 You could do multiple search strategy, 2204 01:43:51,520 --> 01:43:54,000 combining them together that way if you wanted to. 2205 01:43:54,000 --> 01:43:54,960 -Mm hmm. 2206 01:43:54,960 --> 01:43:56,400 Okay. Last question. 2207 01:43:56,400 --> 01:43:56,760 So does 2208 01:43:56,760 --> 01:44:01,360 the public have the same search system that the examining attorneys are using? 2209 01:44:01,920 --> 01:44:03,720 -Essentially, yes. 2210 01:44:03,720 --> 01:44:05,640 Now, it looks a little bit, a little bit different 2211 01:44:05,640 --> 01:44:08,440 for examining attorneys on the on the inside. 2212 01:44:08,440 --> 01:44:10,160 But it's the same stuff. 2213 01:44:10,160 --> 01:44:13,680 It's not like they have more results than you do or anything like that. 2214 01:44:13,800 --> 01:44:16,800 You all have access to the exact same database. 2215 01:44:17,400 --> 01:44:20,520 You're still using the same way to kind of search for it and things like that. 2216 01:44:20,640 --> 01:44:23,640 So look, for those of you learning this brand new system, right, 2217 01:44:23,880 --> 01:44:28,360 who've been used to using TESS, they are examining core 750 plus 2218 01:44:28,920 --> 01:44:31,440 folks have been using 2219 01:44:31,440 --> 01:44:34,360 the internal version of TESS for 20 some years. 2220 01:44:34,360 --> 01:44:36,680 They're having to learn this new search system, too. 2221 01:44:36,680 --> 01:44:40,560 So there's whole lot of learning that is happening at the USPTO right now. 2222 01:44:41,120 --> 01:44:42,520 But there's it's 2223 01:44:42,520 --> 01:44:45,720 just a different interface that they have because it's part of an internal system. 2224 01:44:46,280 --> 01:44:49,280 You have a separate sort of external version of it, 2225 01:44:49,440 --> 01:44:52,440 which in some ways can be good for you, right? 2226 01:44:52,480 --> 01:44:53,760 Because the searches that you're trying to 2227 01:44:53,760 --> 01:44:57,440 do might be different than the searches that examining attorneys are trying to do. 2228 01:44:57,520 --> 01:45:00,600 Like the stuff you might do on a regular basis might be a little bit different. 2229 01:45:00,720 --> 01:45:03,800 So there might be ways by using the, 2230 01:45:03,960 --> 01:45:09,480 oh, I don't know, feedback button over here that you can let us know 2231 01:45:09,480 --> 01:45:14,800 of something different that you need or think you want here for the system. 2232 01:45:14,800 --> 01:45:16,760 Again, we can't guarantee we're going to be able 2233 01:45:16,760 --> 01:45:20,520 to do everything that you need because, look, a lot of different types of 2234 01:45:20,520 --> 01:45:24,720 folks are using this search engine for a lot of different types of things. 2235 01:45:25,680 --> 01:45:28,680 But if there's something specific that works well for folks 2236 01:45:28,720 --> 01:45:31,200 that are external, 2237 01:45:31,200 --> 01:45:34,680 hey, we're willing to to look at them and see what we can get into place. 2238 01:45:34,920 --> 01:45:36,360 I'll tell you right now, 2239 01:45:36,360 --> 01:45:39,000 we've, based upon the feedback we've had over the past couple of weeks, 2240 01:45:39,000 --> 01:45:42,080 we already have a couple of things that are moving their way towards 2241 01:45:42,080 --> 01:45:43,240 production. 2242 01:45:43,240 --> 01:45:46,240 We're going to try and get those implemented as quickly as possible. 2243 01:45:46,320 --> 01:45:48,320 Some of the things that came in, 2244 01:45:48,320 --> 01:45:50,840 some of the requests are going to take a while to do. 2245 01:45:50,840 --> 01:45:52,600 It's going to have to, 2246 01:45:52,600 --> 01:45:55,920 you know, it'll just take time to make those sorts of changes. 2247 01:45:55,920 --> 01:45:59,080 But if there's quick and easy stuff that we can do, absolutely happy to do it. 2248 01:45:59,240 --> 01:46:01,920 We want this system to be something that works well for you. 2249 01:46:01,920 --> 01:46:03,360 And so that's why it's so important 2250 01:46:03,360 --> 01:46:06,360 that we hear from you and hear what it is that you need. 2251 01:46:06,880 --> 01:46:10,440 Yeah, I mean, one thing, if you if you might have noticed the expert mode button. 2252 01:46:10,880 --> 01:46:14,440 Yeah, it's like on the front page now that was a recommendations 2253 01:46:14,440 --> 01:46:16,800 suggestion from one of our attendees. So 2254 01:46:16,800 --> 01:46:18,040 yeah, thanks. 2255 01:46:18,040 --> 01:46:18,600 -You are 2256 01:46:18,600 --> 01:46:19,320 right here. 2257 01:46:19,320 --> 01:46:22,320 You could turn it on before you even begin, so. 2258 01:46:22,520 --> 01:46:24,040 -Okay. -Well. 2259 01:46:24,040 --> 01:46:27,360 Well I guess we are way over time, and so we should get out of here. 2260 01:46:27,360 --> 01:46:29,480 But one thing I will say, folks, let me just 2261 01:46:30,720 --> 01:46:33,400 open up very quickly. 2262 01:46:33,400 --> 01:46:35,760 We have a lot of great stuff that's happening at the USPTO. 2263 01:46:35,760 --> 01:46:38,000 So, look, thank you, by the way, for those of you 2264 01:46:38,000 --> 01:46:40,840 who've stuck around for an extra 17 minutes. Awesome. 2265 01:46:40,840 --> 01:46:41,400 Thank you so much. 2266 01:46:41,400 --> 01:46:44,280 I understand you guys got to get back to the rest of your lives. Things like that. 2267 01:46:44,280 --> 01:46:47,280 But just keep in mind, we have a lot of really super cool things 2268 01:46:47,400 --> 01:46:50,400 coming up. I say super cool in the nerdiest way possible. 2269 01:46:50,720 --> 01:46:52,040 So if you're interested in future 2270 01:46:52,040 --> 01:46:55,560 strategies on anti-Counterfeiting, and anti-piracy, check that out. 271 01:46:55,960 --> 01:46:58,800 That's going to be tomorrow in Alexandria. 2272 01:46:58,800 --> 01:47:01,520 If you're a patent person, we have all sorts of stuff about patents 2273 01:47:01,520 --> 01:47:02,600 that's going on. 2274 01:47:02,600 --> 01:47:04,080 Our patent pro-bono program. 2275 01:47:04,080 --> 01:47:07,200 The Path to a Patent program begins on the 12th. For you 2276 01:47:07,200 --> 01:47:10,720 trademark folk who are like, "Hey, this was okay, Jason. 2277 01:47:12,040 --> 01:47:13,000 Mariessa's is awesome. 2278 01:47:13,000 --> 01:47:15,320 I would like to see more of her explaining things." 2279 01:47:15,320 --> 01:47:16,480 Well, guess what? 2280 01:47:16,480 --> 01:47:20,400 Tomorrow, October 3rd, we begin module one of our Trademark Basics Boot Camp. 2281 01:47:20,640 --> 01:47:22,920 It's eight weeks. It's free. 2282 01:47:22,920 --> 01:47:25,400 We take you through the application 2283 01:47:25,400 --> 01:47:27,600 and registration process from beginning to end. 2284 01:47:27,600 --> 01:47:29,120 We even do walkthrough of a form. 2285 01:47:29,120 --> 01:47:32,080 We're going to do another sort of walkthrough just like today 2286 01:47:32,080 --> 01:47:32,920 in a couple of weeks. 2287 01:47:32,920 --> 01:47:37,080 That'll be, I think on the 17th. Mariessa's going to be leading that one. 2288 01:47:37,200 --> 01:47:41,000 So if you're interested in hanging out with us and learning more trademark 2289 01:47:41,000 --> 01:47:44,160 stuff, more basics, please, please, please, sign up for the Trademark Basics 2290 01:47:44,160 --> 01:47:45,960 Boot Camp. Love to have you there. 2291 01:47:45,960 --> 01:47:48,960 If you're going to be in Montrose, Colorado, or in the surrounding 2292 01:47:48,960 --> 01:47:52,440 area on Thursday, hey, come see me in person. 2293 01:47:52,440 --> 01:47:56,880 We're going to do an all day trademarks boot camp in Montrose, Colorado. 2294 01:47:57,400 --> 01:47:58,200 We're going to take you through, 2295 01:47:58,200 --> 01:48:01,320 we're going to essentially condense the eight weeks of virtual boot camp into 2296 01:48:01,320 --> 01:48:04,360 one day, and we're going to do it in-person in Montrose. 2297 01:48:04,360 --> 01:48:05,400 So come for that. 2298 01:48:06,560 --> 01:48:07,320 I'm just going to kind of 2299 01:48:07,320 --> 01:48:11,600 scroll here, just there's just so many great things going on here. 2300 01:48:11,680 --> 01:48:14,240 Her you go, strategies for protecting intellectual property in China, right? 2301 01:48:14,240 --> 01:48:16,240 That's going to be in San Diego. 2302 01:48:16,240 --> 01:48:17,600 We have this Women's Entrepreneurs. 2303 01:48:17,600 --> 01:48:20,320 It's part of our Women's Entrepreneurship program or symposium. 2304 01:48:20,320 --> 01:48:21,520 It's the WE program. 2305 01:48:21,520 --> 01:48:24,960 This is all about protecting and promoting your brand. That's virtual 2306 01:48:24,960 --> 01:48:27,080 And in Illinois, if you happen to be near Evanston. 2307 01:48:27,080 --> 01:48:28,960 So all kinds of really great stuff. 2308 01:48:28,960 --> 01:48:32,640 And of course here on the 16th is when be coming back to talk through some of 2309 01:48:32,640 --> 01:48:36,120 those advanced techniques. We dipped our toes into them a little bit today. 2310 01:48:36,120 --> 01:48:38,040 We're going to dip a whole lot farther. 2311 01:48:38,040 --> 01:48:41,040 We'll just do a belly flop into some advanced techniques 2312 01:48:41,200 --> 01:48:43,840 coming up, and it's going to be in two-weeks time. 2313 01:48:43,840 --> 01:48:45,800 And so a big thank you to all of you who've stuck around. 2314 01:48:45,800 --> 01:48:47,720 Big thank you to Jay, as always, 2315 01:48:47,720 --> 01:48:51,800 for helped running today's program from the Webex technical side of things. 2316 01:48:51,800 --> 01:48:56,000 And also big huge thank you to Mariessa and to Brett 2317 01:48:56,000 --> 01:48:59,000 and to Chris and to Tim for helping out with the questions today. 2318 01:48:59,160 --> 01:49:02,440 And a big thank you for, to all of you for coming and learning. 2319 01:49:02,440 --> 01:49:05,040 We really do appreciate it and we will see you soon. 2320 01:49:05,040 --> 01:49:05,520 Take care.