WEBVTT - Trademarks & Copyrights Essentials

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<v Speaker 2>What's difference between trademark and copyright?

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<v Speaker 3>So the difference between a trademark and a copyright is

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<v Speaker 3>a copyright is a creative expression fixed out of a

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<v Speaker 3>tangible medium.

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<v Speaker 4>Right.

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<v Speaker 3>A trademark is a source identifier for consumers to relate

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<v Speaker 3>back to where product or service come from.

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<v Speaker 4>So I'll break it down for you.

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<v Speaker 3>So, like a copyright, you can protect a photograph, a painting,

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<v Speaker 3>a picture you know, songs are It cannot be in

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<v Speaker 3>your head, but it has to be fixed into a

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<v Speaker 3>tangible medium. But yes, Dirk has to come in to

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<v Speaker 3>interview represent Chicago. But it's okay, yes, right, But and

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<v Speaker 3>so here's the thing with a copyright. A lot of

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<v Speaker 3>entrepreneurs don't understand that whoever the creator of the copyright is,

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<v Speaker 3>that is, who is the owner of the copyright under

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<v Speaker 3>the law said, the creator, who birthst the creation is

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<v Speaker 3>the copyright owner.

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<v Speaker 4>Now why is that important?

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<v Speaker 3>Because as entrepreneurs, we hire graphic designers, we hire photographer,

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<v Speaker 3>We hire people to come in and create creative works

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<v Speaker 3>for our businesses. Right.

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<v Speaker 4>Have you ever hired someone to create a logo for you?

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<v Speaker 3>Yeah, yeah, right, and by panel you think you own

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

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<v Speaker 3>but yeah, yeah right most people.

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<v Speaker 4>And it sounds like it makes sense.

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<v Speaker 3>But unfortunately, because they created the logo, they're actually the

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<v Speaker 3>copyright owner of the logo unless you have them transfer

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<v Speaker 3>their rights in writing. Now some people think, well it

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<v Speaker 3>can be an or no, it has to be in writing,

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<v Speaker 3>and so usually you will have them transferred through a

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<v Speaker 3>work for higher agreement. So like a company like Disney,

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<v Speaker 3>who is creating amazing copyrights and multiple copyrights, the company

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

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<v Speaker 3>those people who are creating it. They're on work for

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<v Speaker 3>hire agreement.

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<v Speaker 2>So okay, So how do you increase the value of

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<v Speaker 2>a trademark?

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<v Speaker 3>I always tell people you have to start with great

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<v Speaker 3>quality the products and services for your the value of

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<v Speaker 3>your trademarks to increase and go up. Right, You know, people,

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<v Speaker 3>I'm a brand buyer, right, I like certain brands, Like

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<v Speaker 3>it's certain soaps that I use.

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<v Speaker 4>I'm only gonna use a certain.

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<v Speaker 3>Type of deodorant, right, Like, I'm a brand buyer, and

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<v Speaker 3>a lot of people are right, Like some people. I

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

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<v Speaker 3>What do y'all call it here in New York?

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<v Speaker 4>Soda? Soda?

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<v Speaker 5>Yeah?

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<v Speaker 3>Okay, So are you guys like a Coca Cola or

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<v Speaker 3>a pepsi kind of a.

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

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<v Speaker 4>Be coke it cold.

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<v Speaker 3>Oh my god, you're probably gonna get in trouble because

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

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<v Speaker 3>real battle with pepsi and coke?

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<v Speaker 4>What about you?

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<v Speaker 3>But if you if you had to, because I don't

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<v Speaker 3>drink it either, but I have a pick if I

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<v Speaker 3>have to pick one.

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<v Speaker 2>If I had to, I don't know. I would probably

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<v Speaker 2>say coc Cola because I think that the brand is

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<v Speaker 2>stronger than PEPSI I just identify it as a stronger

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<v Speaker 2>like I don't eat I don't eat fast food. If

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<v Speaker 2>I had to, I probably McDonald's is a stronger brand

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<v Speaker 2>than Wendy's.

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<v Speaker 3>Right, So the fact that he just has that mentally

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<v Speaker 3>in his mind that these brands are stronger, right, it's

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<v Speaker 3>because of how they are boldly and notoriously representing the

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

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<v Speaker 3>we have to do in order to increase the value.

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<v Speaker 4>Right.

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<v Speaker 3>You guys did a great job with increasing the value

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<v Speaker 3>of earning your leisure right, and so now people want

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<v Speaker 3>to be attached to it, they want to be a

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<v Speaker 3>part of it. And so it's just like you gotta

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<v Speaker 3>just like you know, for me, when I picked the

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<v Speaker 3>biz Lawyer as an Instagram handle, I was just trying

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<v Speaker 3>to pick a cute name on Instagram. But because my

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<v Speaker 3>services is great, my team is great. Now people want

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<v Speaker 3>to make sure when they do their trademarks they do

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<v Speaker 3>it with a biz lawyer because they know the type

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<v Speaker 3>of quality of services is gonna come with it.

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<v Speaker 4>And so that increases our revenue and our value.

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<v Speaker 1>This is something that we've learned. We found a bunch

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<v Speaker 1>of trademarks. You talk about the time it takes, right,

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<v Speaker 1>So obviously we got the first Yeah, we get the attorney.

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<v Speaker 1>We did the search. Talking about the time it takes.

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

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<v Speaker 1>We can we get into that a little bit.

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<v Speaker 4>Yeah, for sure.

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<v Speaker 3>So first thing, first, you want to do the search,

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<v Speaker 3>and you know, a lot of times people it's important

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<v Speaker 3>you do a search not only with the USPTO dot gov,

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<v Speaker 3>but also to see who is using the trademark in

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<v Speaker 3>the marketplace or whatever, because common law rights can fall

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<v Speaker 3>into play as well. But then once we do the search,

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<v Speaker 3>we actually will issue an opinion letter with the search results.

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<v Speaker 4>We'll go through the opinion letter.

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<v Speaker 3>You know, one thing that I think is very different

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<v Speaker 3>about our firm outside of the fact that it's probably.

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<v Speaker 4>Been you know, black owned by me the female.

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<v Speaker 3>But one thing we do is we counsel and advise

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<v Speaker 3>our clients based on the search results. Not a lot

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<v Speaker 3>of people do that. They do the research and they

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<v Speaker 3>just file the application or they don't.

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<v Speaker 4>Right.

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<v Speaker 3>We tell our clients and also too, if we see challenges,

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<v Speaker 3>we create strategy on how we can possibly win the trademark,

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<v Speaker 3>especially if the client already has invested, you know, thousands

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<v Speaker 3>of dollars into the brand. But once we do that,

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<v Speaker 3>we get in on a file. Now here's the thing.

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<v Speaker 3>The trademark application used to take about three to four

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<v Speaker 3>months for the government to review it. But now because

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<v Speaker 3>after COVID, I feel like a lot of people was

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<v Speaker 3>empowered to become entrepreneurs. But also a lot of people

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<v Speaker 3>are more educated, so people have filed trademarks. Actually, during COVID,

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<v Speaker 3>the most trademarks ever in history was fouled. Okay, yes,

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<v Speaker 3>and so now it has pushed the government review time

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<v Speaker 3>back to actually eight to nine months. So now it

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<v Speaker 3>takes them eight to nine months just to review the application.

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<v Speaker 3>Once they review the application, they can either approve it

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<v Speaker 3>or iss your office action. If they approve it, it

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<v Speaker 3>goes to what's called publication for opposition. Now, publication for

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<v Speaker 3>opposition allows anyone in the public thirty days.

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<v Speaker 4>To oppose your trademark.

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<v Speaker 3>This is why it's important that we file trademarks with

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<v Speaker 3>integrity and also too we watch our trademarks because if

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<v Speaker 3>you file a trademark like.

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<v Speaker 4>I'm Coco Chanel.

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<v Speaker 3>Chanell is gonna come and oppose the trademark and probably

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<v Speaker 3>send you a c sent desist letter right away when

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<v Speaker 3>they filet that you filed the trademark. But the good

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<v Speaker 3>thing about it is is that as a brand owner,

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<v Speaker 3>you want to watch your trademark because people can be

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<v Speaker 3>filing things confusingly similar to your brand as well, and

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<v Speaker 3>a government they try to stop things, but they sometimes

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<v Speaker 3>they let things through as well. So once you go

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<v Speaker 3>through that phase, if no one opposed the trademark, you

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<v Speaker 3>can have registration within twelve weeks from the thirty day deadline.

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<v Speaker 3>So that can take about nine to eighteen months right

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<v Speaker 3>now to get a trademark register. I'm sorry, twelve to

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<v Speaker 3>eighteen months to get a register.

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<v Speaker 4>But let's go back.

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<v Speaker 3>If the government takes issue with application, they can issue

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<v Speaker 3>a office action, bless you. The office action can require

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<v Speaker 3>either substantive response or non substantive response. If it's a

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<v Speaker 3>non substantive response, that means something minor is going on

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<v Speaker 3>and a government wants you to fix it.

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<v Speaker 4>And that's no problem.

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<v Speaker 3>But if it's a substantive issue, the government is refusing

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<v Speaker 3>it on a likelihood of confusion. Or failure to function

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<v Speaker 3>as a trademark, or at the trademark being merely descriptive,

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<v Speaker 3>and you will have to present legal arguments with the

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<v Speaker 3>legal brief to argue why the prices should have the trademark.

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<v Speaker 5>An illegal alien from Guatemala charged with raping a child

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<v Speaker 5>Sponsored by the United States Department of Homeland Security,