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Speaker 1: This episode is brought to you by P and C Bank.

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Speaker 1: A lot of people think podcasts about work are boring,

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Speaker 1: and sure they definitely can be, but understanding a professionals

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Speaker 1: decisions with your bank, but keeping your money boring is

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Speaker 1: what helps you live or more happily fulfilled life. P

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Speaker 1: National Association Member FDIC erness What's Up? You ever walk

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Speaker 1: into a small business and everything just works like the

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Speaker 1: checkout is fast, the receipts are digital, tipping is a breeze,

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Speaker 1: and you're out the door before the line even builds.

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Speaker 1: Odds are they're using Square? We love supporting business that

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Speaker 1: run on Square because it just feels seamless. Whether it's

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Speaker 1: a local coffee shop, a vendor at a pop up market,

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Speaker 1: or even one of our merch partners. Square makes it

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Speaker 1: It's not just about payments, it's about giving you time

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Speaker 1: back so you can focus on what matters most ready.

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Speaker 1: pushing your vision forward.

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Speaker 2: What's difference between trademark and copyright?

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Speaker 3: So the difference between a trademark and a copyright is

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Speaker 3: a copyright is a creative expression fixed out of a

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Speaker 3: tangible medium.

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Speaker 4: Right.

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Speaker 3: A trademark is a source identifier for consumers to relate

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Speaker 3: back to where product or service come from.

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Speaker 4: So I'll break it down for you.

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Speaker 3: So, like a copyright, you can protect a photograph, a painting,

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Speaker 3: a picture you know, songs are It cannot be in

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Speaker 3: your head, but it has to be fixed into a

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Speaker 3: tangible medium. But yes, Dirk has to come in to

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Speaker 3: interview represent Chicago. But it's okay, yes, right, But and

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Speaker 3: so here's the thing with a copyright. A lot of

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Speaker 3: entrepreneurs don't understand that whoever the creator of the copyright is,

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Speaker 3: that is, who is the owner of the copyright under

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Speaker 3: the law said, the creator, who birthst the creation is

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Speaker 3: the copyright owner.

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Speaker 4: Now why is that important?

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Speaker 3: Because as entrepreneurs, we hire graphic designers, we hire photographer,

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Speaker 3: We hire people to come in and create creative works

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Speaker 3: for our businesses. Right.

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Speaker 4: Have you ever hired someone to create a logo for you?

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Speaker 3: Yeah, yeah, right, and by panel you think you own

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Speaker 3: that logo? It sure, it's right, Well I know different

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Speaker 3: but yeah, yeah right most people.

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Speaker 4: And it sounds like it makes sense.

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Speaker 3: But unfortunately, because they created the logo, they're actually the

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Speaker 3: copyright owner of the logo unless you have them transfer

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Speaker 3: their rights in writing. Now some people think, well it

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Speaker 3: can be an or no, it has to be in writing,

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Speaker 3: and so usually you will have them transferred through a

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Speaker 3: work for higher agreement. So like a company like Disney,

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Speaker 3: who is creating amazing copyrights and multiple copyrights, the company

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Speaker 3: is not creating, it's actually people there. But all of

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Speaker 3: those people who are creating it. They're on work for

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Speaker 3: hire agreement.

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Speaker 2: So okay, So how do you increase the value of

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Speaker 2: a trademark?

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Speaker 3: I always tell people you have to start with great

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Speaker 3: quality the products and services for your the value of

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Speaker 3: your trademarks to increase and go up. Right, You know, people,

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Speaker 3: I'm a brand buyer, right, I like certain brands, Like

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Speaker 3: it's certain soaps that I use.

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Speaker 4: I'm only gonna use a certain.

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Speaker 3: Type of deodorant, right, Like, I'm a brand buyer, and

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Speaker 3: a lot of people are right, Like some people. I

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Speaker 3: don't drink pop anymore. We call it pop from Chicago, right.

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Speaker 3: What do y'all call it here in New York?

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Speaker 4: Soda? Soda?

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Speaker 5: Yeah?

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Speaker 3: Okay, So are you guys like a Coca Cola or

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Speaker 3: a pepsi kind of a.

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Speaker 1: Man, it's gonna be telling if I had to, would probably.

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Speaker 4: Be coke it cold.

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Speaker 3: Oh my god, you're probably gonna get in trouble because

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Speaker 3: you're from New York, right, And they like it's a

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Speaker 3: real battle with pepsi and coke?

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Speaker 4: What about you?

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Speaker 3: But if you if you had to, because I don't

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Speaker 3: drink it either, but I have a pick if I

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Speaker 3: have to pick one.

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Speaker 2: If I had to, I don't know. I would probably

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Speaker 2: say coc Cola because I think that the brand is

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Speaker 2: stronger than PEPSI I just identify it as a stronger

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Speaker 2: like I don't eat I don't eat fast food. If

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Speaker 2: I had to, I probably McDonald's is a stronger brand

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Speaker 2: than Wendy's.

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Speaker 3: Right, So the fact that he just has that mentally

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Speaker 3: in his mind that these brands are stronger, right, it's

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Speaker 3: because of how they are boldly and notoriously representing the

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Speaker 3: brand in the marketplace. And as business owners, that's what

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Speaker 3: we have to do in order to increase the value.

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Speaker 4: Right.

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Speaker 3: You guys did a great job with increasing the value

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Speaker 3: of earning your leisure right, and so now people want

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Speaker 3: to be attached to it, they want to be a

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Speaker 3: part of it. And so it's just like you gotta

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Speaker 3: just like you know, for me, when I picked the

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Speaker 3: biz Lawyer as an Instagram handle, I was just trying

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Speaker 3: to pick a cute name on Instagram. But because my

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Speaker 3: services is great, my team is great. Now people want

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Speaker 3: to make sure when they do their trademarks they do

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Speaker 3: it with a biz lawyer because they know the type

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Speaker 3: of quality of services is gonna come with it.

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Speaker 4: And so that increases our revenue and our value.

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Speaker 1: This is something that we've learned. We found a bunch

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Speaker 1: of trademarks. You talk about the time it takes, right,

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Speaker 1: So obviously we got the first Yeah, we get the attorney.

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Speaker 1: We did the search. Talking about the time it takes.

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Speaker 1: I know you brought up first rights to that's important too.

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Speaker 1: We can we get into that a little bit.

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Speaker 4: Yeah, for sure.

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Speaker 3: So first thing, first, you want to do the search,

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Speaker 3: and you know, a lot of times people it's important

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Speaker 3: you do a search not only with the USPTO dot gov,

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Speaker 3: but also to see who is using the trademark in

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Speaker 3: the marketplace or whatever, because common law rights can fall

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Speaker 3: into play as well. But then once we do the search,

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Speaker 3: we actually will issue an opinion letter with the search results.

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Speaker 4: We'll go through the opinion letter.

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Speaker 3: You know, one thing that I think is very different

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Speaker 3: about our firm outside of the fact that it's probably.

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Speaker 4: Been you know, black owned by me the female.

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Speaker 3: But one thing we do is we counsel and advise

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Speaker 3: our clients based on the search results. Not a lot

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Speaker 3: of people do that. They do the research and they

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Speaker 3: just file the application or they don't.

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Speaker 4: Right.

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Speaker 3: We tell our clients and also too, if we see challenges,

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Speaker 3: we create strategy on how we can possibly win the trademark,

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Speaker 3: especially if the client already has invested, you know, thousands

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Speaker 3: of dollars into the brand. But once we do that,

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Speaker 3: we get in on a file. Now here's the thing.

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Speaker 3: The trademark application used to take about three to four

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Speaker 3: months for the government to review it. But now because

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Speaker 3: after COVID, I feel like a lot of people was

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Speaker 3: empowered to become entrepreneurs. But also a lot of people

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Speaker 3: are more educated, so people have filed trademarks. Actually, during COVID,

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Speaker 3: the most trademarks ever in history was fouled. Okay, yes,

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Speaker 3: and so now it has pushed the government review time

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Speaker 3: back to actually eight to nine months. So now it

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Speaker 3: takes them eight to nine months just to review the application.

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Speaker 3: Once they review the application, they can either approve it

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Speaker 3: or iss your office action. If they approve it, it

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Speaker 3: goes to what's called publication for opposition. Now, publication for

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Speaker 3: opposition allows anyone in the public thirty days.

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Speaker 4: To oppose your trademark.

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Speaker 3: This is why it's important that we file trademarks with

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Speaker 3: integrity and also too we watch our trademarks because if

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Speaker 3: you file a trademark like.

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Speaker 4: I'm Coco Chanel.

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Speaker 3: Chanell is gonna come and oppose the trademark and probably

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Speaker 3: send you a c sent desist letter right away when

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Speaker 3: they filet that you filed the trademark. But the good

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Speaker 3: thing about it is is that as a brand owner,

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Speaker 3: you want to watch your trademark because people can be

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Speaker 3: filing things confusingly similar to your brand as well, and

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Speaker 3: a government they try to stop things, but they sometimes

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Speaker 3: they let things through as well. So once you go

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Speaker 3: through that phase, if no one opposed the trademark, you

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Speaker 3: can have registration within twelve weeks from the thirty day deadline.

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Speaker 3: So that can take about nine to eighteen months right

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Speaker 3: now to get a trademark register. I'm sorry, twelve to

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Speaker 3: eighteen months to get a register.

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Speaker 4: But let's go back.

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Speaker 3: If the government takes issue with application, they can issue

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Speaker 3: a office action, bless you. The office action can require

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Speaker 3: either substantive response or non substantive response. If it's a

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Speaker 3: non substantive response, that means something minor is going on

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Speaker 3: and a government wants you to fix it.

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Speaker 4: And that's no problem.

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Speaker 3: But if it's a substantive issue, the government is refusing

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Speaker 3: it on a likelihood of confusion. Or failure to function

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Speaker 3: as a trademark, or at the trademark being merely descriptive,

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Speaker 3: and you will have to present legal arguments with the

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Speaker 3: legal brief to argue why the prices should have the trademark.

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Speaker 5: An illegal alien from Guatemala charged with raping a child

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Speaker 5: in Massachusetts. An MS thirteen gang member from El Salvador

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Speaker 5: accused of murdering a Texas man of Venezuelan charged with

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Speaker 5: filming and selling child pornography in Michigan. These are just

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Speaker 5: some of the heinous migrant criminals caught because of President

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Speaker 5: Donald J. Trump's leadership. I'm Christy Noman, the United States

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Speaker 5: Secretary of Homeland Security. Under President Trump, attempted illegal border

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Speaker 5: crossings are at the lowest levels ever recorded, and over

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Speaker 5: one hundred thousand illegal aliens have been arrested. If you

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Speaker 5: are here illegally, your next you will be fined nearly

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Speaker 5: one thousand dollars a day, imprisoned, and deported. You will

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Speaker 5: never rea. But if you register using our CBP home

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Speaker 5: app and leave now, you could be allowed to return legally.

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Speaker 5: Do what's right.

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Speaker 4: Leave now.

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Speaker 5: Under President Trump, America's laws, border and families.

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Speaker 4: Will be protected.

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Speaker 5: Sponsored by the United States Department of Homeland Security,