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Legal Road Map® Podcast S4E106 FB Live 100 – Legal for Course Creators: Trademark your Course?

 

Legal for course creators: registering a trademark for your online course name

Learn when you absolutely SHOULD register a trademark for your online course name and when you can likely wait.

In this episode we’ll cover:

  • How to decide if now is the time to register your trademark
  • How trademark law is really designed to protect consumers (as well as your business)
  • The downsides of relying on common law trademark rights
  • What enforcing your trademark rights really looks like in your business
  • How a registered trademark can increase your business’s value when it comes to sell your business or license your course, method, or process
  • When you may NOT want or need to register your trademark

Key takeaway: A registered trademark is the best way to shut down a copycat, but there are some important questions to ask yourself to make sure it’s the right time for your business.

Visit www.awbfirm.com/podcast106 for the podcast/audio version of this video.

BONUS: get your hands on our FREE resource to help you write your contracts: The 5 terms I think every contract should include: www.awbfirm.com/5terms

Resources:

Episode 99 of the Legal Road Map® podcast – Copyrights: www.awbfirm.com/podcast99

Episode 104 of the Legal Road Map® podcast – Choosing a Good Course Name: www.awbfirm.com/podcast104

If you’re so in love with your course, product, or business name that you’re ready to say “I do”, it’s probably time to register your trademark. The AWB Firm can help! Clients love our seamless process and flat-fee pricing (i.e., no surprise bills for you!). If you’re ready to learn more or get started, visit www.awbfirm.com/trademark-copyright.

This podcast is information, not legal advice specific to your situation.

September 30, 2019

Legal Road Map® Podcast S4E104 FB Live 98 – Legal for Course Creators: How to choose a great course name

 

Learn what makes a strong trademark, how to DIY your trademark search, and what to steer clear of when choosing a name for your digital course.

In this episode we’ll cover:

  • The different types of trademarks and the pros and cons of each
  • What a suggestive trademark is and why it may be the best route to go when choosing your course name
  • What a descriptive trademark is and why it’s the most difficult to register
  • What’s required to register your own name as a trademark
  • Ways you can DIY your trademark search

Key takeaway: A legal checkup before you run FB ads can mean the difference between a super successful campaign and throwing money down the drain.

Visit www.awbfirm.com/podcast104 for the podcast/audio version of this video.

BONUS: get your hands on our FREE resource to help you write your contracts: The 5 terms I think every contract should include: www.awbfirm.com/5terms 

Resources

FREE Naming Guide: www.awbfirm.com/podcast104

Episode 45 of the Legal Road Map® podcast – How to DIY Your TM Search: www.awbfirm.com/podcast45

USPTO search: https://www.uspto.gov/trademarks-application-process/search-trademark-database

Namechekr: https://www.namecheckr.com/

Have you poured your heart and soul into creating an online course? How upset would you be if one of your students copied some or all of your course content and tried to sell it as their own? Perhaps a more important question: how upset would you be with yourself if you didn’t have an agreement in place that expressly prohibits your students from doing something like this? Our Legal Road Map® to Protect Your Online Course contract template bundle can help you lock down your course content in the time it takes you to catch a few episodes of your latest Netflix binge. 

To buy your bundle and start protecting your online course today, visit www.onlinecourselegal.com/yes 

 

This podcast is information, not legal advice specific to your situation.

September 16, 2019

Legal Road Map® Podcast S3E75 FB Live 86 part 2 – When MUST you register your trademark?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

The VIDEO was cut off near the end of my Facebook Live, so this is Part 2 of 2…Please click here to view the first part of Episode 75.

When should you run (not walk) to submit your trademark registration application? There are definitely times when waiting to register a trademark is a huge mistake.

In this week’s episode you’ll learn:

How the level of investment behind your business or product can determine whether a registered trademark is a necessity

How long it takes to receive a trademark registration certificate from the USPTO

The advantages of “intent to use” applications in US trademark law

When you can use the ® and TM symbols

How a registered trademark can make your licensing or certification program more valuable to your licensees

Why a registered trademark can make your business more attractive to potential buyers

When a registered trademark in the US can help you obtain a foreign trademark if you plan to sell products or services internationally

Key takeaway: If your business is up-leveling in a major way, a trademark registration becomes a necessity, not a nice-to-have. Since the registration process is not quick, working with a trusted legal advisor who specializes in trademark law can help you plan ahead.

February 25, 2019

Legal Road Map® podcast S3E75 – FB Live 86 part 1 – When MUST you register your trademark?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

When should you run (not walk) to submit your trademark registration application? There are definitely times when waiting to register a trademark is a huge mistake.

In this week’s episode you’ll learn:

How the level of investment behind your business or product can determine whether a registered trademark is a necessity

How long it takes to receive a trademark registration certificate from the USPTO

The advantages of “intent to use” applications in US trademark law

When you can use the ® and TM symbols

How a registered trademark can make your licensing or certification program more valuable to your licensees

Why a registered trademark can make your business more attractive to potential buyers

When a registered trademark in the US can help you obtain a foreign trademark if you plan to sell products or services internationally

Key takeaway: If your business is up-leveling in a major way, a trademark registration becomes a necessity, not a nice-to-have. Since the registration process is not quick, working with a trusted legal advisor who specializes in trademark law can help you plan ahead.

The video recording cut off, so PART TWO is on a separate page. Please click here to access the end of this episode.

February 25, 2019

Legal Road Map® Podcast S3E74 FB Live 85: Someone registered my TM – what can I do?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Finding out someone else has registered a trademark you’re using in your business can really sting. But so long as you started using it first, not all is lost.

In this week’s episode you’ll learn:

  • What winning the race means when it comes to trademarks and defending your rights
  • What the “opposition period” is and why it is crucial to monitor the USPTO Gazette if you’re relying on common law trademark rights
  • How a cease and desist letter may stop a similar trademark application in its tracks
  • When the USPTO will actually deny a trademark application for a similar trademark without you lifting a finger
  • How challenging a trademark that’s the same as or similar to yours after a certificate has been granted can be more difficult, but not impossible
  • Why, in order to defend your trademark rights, you have to actually be using your trademark

Key takeaway: Challenging an application for a trademark that’s the same or similar as yours is not an area of legal you want to DIY. Consulting with a trusted legal advisor who specializes in trademark law is the best way to defend your trademark rights and prevent brand or product confusion.

Visit www.awbfirm.com/podcast74 for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit worksheet. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Next week is the final episode of Season 3 of the Legal Road Ma® podcast, all about when you must register a trademark.

I’m so excited to bring Season 4 to you – it’s all about legal for course creators – so be sure to stay tuned!

Resources:
Get your ALL ACCESS PASS for the Online Course Success Summit, classes will be live Feb. 11-22: http://awbfirm.com/ocss/

USPTO Official Gazette, published weekly: https://www.uspto.gov/learning-and-resources/official-gazette/trademark-official-gazette-tmog

This podcast is information, not legal advice specific to your situation.

February 18, 2019

Podcast S3E73 FB Live 84 – #Trademarks: Can you own a hashtag TM?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Hashtags are everywhere these days. It may seem appealing to register one that you use in your business as a trademark, but is it even possible?

In this week’s episode you’ll learn:

  • How to figure out if you’re really using a hashtag as a trademark
  • Why using your hashtag outside of social media may help you protect it as a trademark
  • The downsides to registering your trademark with a hashtag instead of just the words
  • Why a registered trademark hashtag is really difficult to enforce

Key takeaway: It takes some special circumstances to make the time and effort needed to register a hashtag as a trademark worth it. Consulting with a trusted legal advisor ahead of time can help you determine if you’re ready to take on the task or not.

Visit www.awbfirm.com/podcast73 for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit worksheet. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Resources

Get your free ticket NOW for the Online Course Success Summit, classes will be live Feb. 11-22: https://awbfirm.com/ocss/

This podcast is information, not legal advice specific to your situation.

February 7, 2019

Podcast S3E72 FB Live 83: Trademarks: Common law and state trademarks

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Did you know that a federally registered trademark isn’t the only form of trademark protection available? There are actually three levels of protection in the U.S. trademark system — common law, state law registration, and federal (USPTO) registration.

While common law or state trademarks may work for some businesses, there are some significant downsides to each.

In this week’s episode you’ll learn:

  • What a common law trademark is, and the limited rights this type of trademark provides
  • The drawbacks to relying solely on a common law trademark
  • Which types of trademark you can use the ® and ™symbols
  • The benefits to filing a federal trademark registration
  • The protections provided by a state trademark registration
  • The downsides of relying solely on a state trademark registration

Key takeaway: There are a few different levels of trademark protection offered on the state and federal level, as well on a common law basis. Which one is best for your business depends on multiple factors. It’s a good idea to consult with a trusted legal advisor to make sure you’re protected in the right ways and places for your business.

Visit awbfirm.com/podcast to sign up to get a free 5 Minute Intellectual Property Audit worksheet. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

Resources:
Get your free ticket NOW for the Online Course Success Summit: http://awbfirm.com/ocss/

This podcast is information, not legal advice specific to your situation.

January 31, 2019

Podcast S3E71 FB Live 82: Trademarks: What’s a TM SEARCH and do I need one?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Registering a trademark is a lengthy, multi-step process, and it can be tempting to skip the first step of running a trademark search before filing that registration application. But I’m sharing all the reasons why skipping the search is a bad idea.

In this episode you’ll learn:

What a trademark clearance search is and why you should do one every time you choose a name for a new business, product, or service

How you may be able to DIY your clearance search

When you still may be able to use a business or product name even if it’s already being used by someone else

How a knockout search helps determine what (if any) risks you may face if you apply to register your trademark with the USPTO

Why it’s so important to look at trademarks used for products and services that you don’t sell, but are related to what you sell, in a knockout search

What a search will tell you about how strong your trademark is, and how hard it will be to defend it if you do receive a trademark registration certificate

Key takeaway: Whether you start the trademark search process on your own, or work with a lawyer from the very beginning, one thing is for sure: failing to spend a little time and/or money on a trademark search early can be costly down the road.

Visit www.awbfirm.com/podcast71 for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit worksheet. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

This podcast is information, not legal advice specific to your situation.

January 24, 2019

Podcast S3E70 FB Live 81 : HOW to choose a good trademark

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Some trademarks are stronger than others. But unfortunately, for a lot of business owners, they only find out their trademark isn’t strong when they’re denied when they try to register it with the USPTO. So, what makes a good trademark?

In this episode you’ll learn:

  • Who trademark law is really protecting
  • The four different types of word trademarks, and the pros and cons of each
  • Why sometimes you can use your last name as a trademark, and sometimes you can’t
  • The litmus test for understanding what in your business is or isn’t actually a trademark

Key takeaway: Choosing a strong trademark doesn’t have to be difficult. But to avoid heartache down the road, choosing the right name for your business and products early on is always best practice.

Visit www.awbfirm.com/podcast70 for a transcript and show notes, and sign up to get a free 5 Minute Intellectual Property Audit worksheet.

January 17, 2019

Podcast S3E69 FB Live 80: Trademarks: When should you register?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Whether your business is established and thriving or you haven’t even earned your first dollar yet, deciding WHEN you should register your trademark could leave your head spinning.

In this week’s episode you’ll learn:

The downsides to waiting to register a trademark
Why you may want to register a trademark for your product before you start selling
The ONE question to ask yourself to determine if you’re ready to register your trademark
How often you should take inventory of your business’s IP to evaluate what trademarks you have, and whether it’s time to register
Why failing to defend your trademark rights could result in your losing them

Key takeaway: Deciding on the right time to register your trademark depends on a lot of different factors in your business. But asking yourself the right questions will help you determine when you should register.

Visit awbfirm.com/podcast69 for show notes and further resources.

This podcast is information, not legal advice specific to your situation.

January 11, 2019

Podcast S3E68 FB Live 79: Why should I register a trademark anyway?

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

Why should I register a trademark anyway?

We talk a lot about trademarks on the podcast, but you may still be wondering why you would ever need to register a trademark in your business.

While it may seem like a hassle, registering a trademark is one of the most valuable protections you can put in place in your business.

In this episode I cover:The types of things that can be protected by a trademarkHow a trademark can set you up for success if you ever decide to expand into other statesHow a registered trademark can save you time and hassle if you ever have to file a lawsuit around your trademarkThe advantage to registering your trademark if you do business abroadHow a trademark can help prevent counterfeitingThe value a registered trademark can add to your business if you ever look to sell or take on investmentHow registering your trademark shows competitors you mean business

Key takeaway: If you’re committed to protecting your business for the long haul, a trademark registration should be on your list for 2019.

Additional resources:Legal Road Map® episode 5: www.awbfirm.com/podcast5

Legal Road Map® episode 6: www.awbfirm.com/podcast6

5-minute IP audit: www.awbfirm.com/podcast

This podcast is information, not legal advice specific to your situation.

January 4, 2019

Podcast S3E66 FB Live 77 – Legal planning for 2019: Trademarks

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

The AWB Firm gets more questions on trademarks than anything else. Trademarks are not only a smart investment to make sure everything you’ve worked so hard to create (your brand) is protected, but they can also be used as a tool to create additional revenue streams. Learn what you should trademark and how to plan for it in 2019.

In this week’s episode I cover:

    • The types of things in your business that can be protected by trademark (and those that can’t)
    • Reasons you should consider trademarks for your business
    • Great resources + tips for preliminary, DIY trademark searches
    • An advanced strategy to broaden your reach in 2019

Key takeaway: Even if you’re not ready just yet, taking a few simple steps now can help you prepare to take advantage of trademark protections in your business in 2019.

Additional resources:
5-Minute IP Audit worksheet: www.awbfirm.com/podcast
USPTO Trademark Search: www.uspto.gov/trademarks-application-process/search-trademark-database
Alternate trademark checker: www.namechekr.com
Legal Road Map® Facebook group: www.facebook.com/groups/legalroadmap/

This podcast is information, not legal advice specific to your situation.

December 10, 2018

Podcast S3E45 – FB Live 57 – Trademark Infringement

 

Listen to this episode in podcast/audio format here

Transcript of this podcast episode available here

When are you violating someone else’s trademark rights?  OR, flip-side, when should you get in touch with someone you think might be infringing your trademark and ask them to change it?

How can you interpret your search results when you type your trademark into the USPTO website?

I received this great question in an online business community, CoCommercial, and realized I’ve never dug into how lawyers, courts, and the USPTO evaluate when trademarks are too close.

This is a meaty episode on a complex topic, where I covered:

  • Consumer confusion – what trademark law is intended to prevent, and why this matters
  • Who has “priority rights” over a trademark in the US
  • When might you need to evaluate whether one trademark is too similar to another?
  • How to figure out if trademarks are too close
  • Does it matter if one trademark has a few extra words?
  • What about different spelling?
  • When are two logos too similar?
  • Does it matter if someone copied a trademark intentionally, or by accident?
  • Examples of trademarks that are and are not too similar
  • When you need to bring in an experienced IP attorney to help you evaluate a potential trademark infringement

Visit www.awbfirm.com/podcast45 to get a free 5 Minute Intellectual Property Audit. You’ll learn how you can make more money from the copyrights and trademarks in your business (you can also sign up there to be the first to know when new episodes are live and receive other legal updates and special offers from the AWB Firm).

This podcast is information, not legal advice specific to your situation.

July 6, 2018

FB Live 47 – TM office action

What’s a trademark office action and how should you handle it if you receive one after you’ve filed a trademark registration application?

Questions? Schedule a consult at https://awbfirm.com/legal-road-map-session/ or contact us at https://awbfirm.com/contact/.

August 16, 2017

FB Live 46 – using other TM names in your business

How can you use someone else’s trademark in your own business — in the name of a course or one of your products or services, or to compare your products to theirs? (For example, can you offer a course called “How to run your own Facebook® ads”?).

Learn the pros and cons to using a third-party trademark, best practices that may protect you from a cease and desist letter, and when it’s time to consult with a lawyer who’s an expert in intellectual property law.

Questions? Schedule a consult at https://awbfirm.com/legal-road-map-session/ or contact us at https://awbfirm.com/contact/.

 

August 8, 2017

FB Live 45 – TM class 4

Do you know how to best protect your trademark rights, whether or not you apply for a trademark registration certificate? Watch class # 4 in my trademark mini-course (last one!).

Get more questions answered about copyrights and trademarks with my free guides here: http://awbfirm.com/top10questions/

Ready to begin the trademark process? https://awbfirm.com/tm-search-and-session/
Or contact us: https://awbfirm.com/contact/

July 27, 2017

FB Live 44 TM mini-class 3 registration process

Can you file your own trademark? How does the US trademark registration system work? I’m pulling back the curtain in class #3 in my trademark series!

Ready to begin the trademark process? https://awbfirm.com/tm-search-and-session/
Or contact us: https://awbfirm.com/contact/

July 21, 2017

FB Live 43 – TM mini-class 2

Class #2 in my mini-course on Trademarks!
You’ll learn:
1) How to choose a great brand or product name (not all can be protected under US trademark law)
2) Why you must do a TM search before starting the trademark registration process

Ready to begin the trademark process? https://awbfirm.com/tm-search-and-session/
Or contact us: https://awbfirm.com/contact/

July 12, 2017

FB Live 42 – TM mini-class 1

Does your business need a trademark registration? I’m LIVE kicking off a four-week TRADEMARK mini-course! If you’re a growing business with a great brand that you want to protect, but not sure if a trademark registration is right for you, you need this class!

Ready to begin the trademark process? https://awbfirm.com/tm-search-and-session/
Or contact us: https://awbfirm.com/contact/

July 6, 2017

FB Live 40 – Benefits of registering a trademark

What are the benefits of REGISTERING A TRADEMARK? Learn how registering your trademark can protect and help you grow your brand.

Ready to begin the process? https://awbfirm.com/tm-search-and-session/
Or contact us with questions: https://awbfirm.com/contact/

June 15, 2017