What you’ll learn:
What’s the point in investing in IP? Tina Loza joins us on The Page 1 Podcast to talk about why brands can leverage Trademarks, Copyrights, and Patents to add value to their business. She also walks us through how to handle a Cease and Desist Letter and gives us a breakdown of Amazon’s new IP Accelerator.
About our guest:
Tina Loza founded and manages Loza & Loza LLP, an intellectual property law firm with almost 40 IP attorneys and an amazing staff located nationwide. She works with clients on creating a branding strategy and having a strong portfolio of trademarks that add value to their businesses. Her firm, Loza & Loza, just became one of 10 trusted law firms to partner with Amazon IP Accelerator and provide quality service to brands securing a trademark.
Key takeaways from this episode:
- Trademark vs Copyright vs Patent: which one is best for your business? – 2:57
- How IP assets will increase the value of any business – 7:43
- Should and how do you design for a Patent? – 11:07
- A breakdown of the patent approval process (also known as nonobvious) – 12:43
- Steps to handle a Cease and Desist Letter – 14:18
- Loza & Loza’s unique law firm structure is challenging the way firms work – 18:10
- What is Amazon’s IP Accelerator? – 26:14
- Who needs Amazon IP Accelerator? – 32:30
- What was Loza & Loza’s biggest win this year? – 33:44
- How a company comes together in a virtual environment – 35:13
- An actionable step for creating value with IP – 38:33
Welcome to the page one podcast, a weekly podcast featuring a variety of guests and thought leaders on topics ranging from channel strategies to tariffs, influencer marketing, best in class product launches, and all the details about how to accelerate your eCommerce sales with the big box retailers or what we call r-commerce. Now here’s your host, Luke Peters. Thanks for joining us on the page one podcast. I’m your host, Luke Peters. This is the podcast where I bring you the best and brightest leaders to share consumer products, sales and marketing strategies that are going to help you grow your business. I’m the CEO and founder of NewAir appliances where I cut my teeth selling products online and now have started Retail Band where I hope to help other brands succeed in product launches, influencer marketing, and B2B online sales strategy. In this episode, this is a special episode an in person episode with Tina Loza, you will learn all about intellectual property and trademarks for your products, why you should grow and protect your IP and why you should care about Amazon IP Accelerator, which is definitely, you’re gonna want to stay tuned and listen to the details from Tina about that. Few things about Tina. Tina’s the founder and managing director of Loza and Loza LLP, an intellectual property firm and she founded and manages this firm with about 40 IP attorneys and a distributed staff located nationwide remotely. And we’ll dive into that and see how Tina does that as well. Loves to work with their clients on creating a branding strategy and having a strong portfolio of trademarks that adds value to their businesses. So thanks for joining us today Tina.
Thanks so much for having me on. I’m really excited to be here. Cool. And a couple more things details about Tina. You have a BS in biology. I don’t know if you knew this, but I have one in microbiology. Oh, I actually looked you up earlier. You saw that? Yeah. Alright, cool. So and you went to Loyola, which is funny cause I have a daughter who’s going to be going to college and we just stopped at. We just actually drove that campus.
It’s a beautiful campus. She loved it. She loved it. It is a beautiful campus. You just go on the block and you can see the ocean and it’s gorgeous. Oh, and my first time there, I couldn’t believe it. It’s like a little jewel actually. Yeah, absolutely. I hope she goes there. Yeah, that’s a great great college. And like I already mentioned Tina is a managing director of the firm, has about 40 attorneys and one of the largest minority owned firms in the country and as an expert in patents and trademarks and for this audience for you guys, I thought it would be really great to talk about Amazon brand registry and IP accelerator. So again, thanks for joining us Tina, and looking forward to diving into these questions with you. Happy to be here, happy to answer anything. Okay, cool. Why don’t we start with something pretty basic here, but what are the, just, just a basic understanding cause you know, you hear patent and trademark all the time and, and there’s design patents and then there are the patents. Right. And how about, can you give us like a quick breakdown of the differences? Sure. So we’re just focusing on patents right now. There’s, there’s three big areas of IP as I look at it as patent, trademark and copyright. Patent protects new and useful ideas. A trademark protects a symbol that you use in connection with your business. And copyright protects, you know, content is probably what’s the most relevant or anything you write or pictures that you take, things like that. And so patents, there’s two different kinds of patents that you can file. There’s utility patents, which protects how something works and design patents, which protect how something looks. So I’ll give you a good example of a design patent. We’ve had tires and wheels since we’ve had wagons forever. So the way it works is not really what you’re going to protect, but there are tons of design patents for the way wheels look.
So you can have a really cool looking wheel and you can get a design patent on that. Right. So that’s, that’s the difference between the utility patent, the way the wheel works as opposed to the way that wheel looks. Gotcha. That makes sense. It makes a lot. So, so on shark tank, they always say, Oh, you only got a design patent. They want the utility patent. Usually that one is broader. Right? So it has claims and it lists out what you think your invention is and it’s usually it will nab more infringers. Whereas if you have a design patent, they would have to make it look substantially similar to what yours looks like. And so if they just changed the way it looks, then they don’t infringe your patent and then you can’t really monetize that invention as much. Okay. Yeah. So it’s a little bit narrower, but it’s a good idea to sometimes do both because the design patent usually issues much faster.
And you can’t really sue on a design pattern or have a design patent number until it issues. And so the design patent will come out in a year or so. You’ll get an issued patent, whereas the utility might take three years. So you don’t want to wait all that time so you get something in there so that you can start asserting that patent against people. But you know, the, the better broader patent is usually that utility that will come out. Oh, okay. That’s good. So just to reiterate, just for the audience so that you can file both at the same time. Yeah, absolutely. But then you get the design one right away and you can well right away. Yeah. Right away for the government. So yeah, about a year. Yeah. Used to work for the government. I’m sorry, I’m sorry. But many years ago, yeah, it’s about a year. And so that’s, you’ll get it much sooner, which if you’re trying to go after infringers, that’s nice.
Sometimes if you can, if you can do it both ways. Okay. So yeah, you can file them both. It’s better to do it before you put it to market. Obviously there is a a one year bar before you can file, you know, before you if you don’t file a patent application within a year of putting out in public, then you can no longer file it. So you don’t, you’re barred from doing so. Right. You know, long if there’s a quid pro quo from getting for getting a monopoly for your, for invention. Right. So the government says you could have a monopoly for 20 years, but you have to tell us your invention in the first year or else we’re not going to give it to you anymore. So yeah, so you don’t get to put it out there and kind of expose it to the public and then not actually get protection for it. You have to do that.
Okay. Okay. And then to follow onto that, just because we’re working with you on several, we’re all over the world actually, right? I am not allowed to agree to that. I don’t, I, you know, attorney client privilege, you can talk about it if you want to. Oops. Okay. I didn’t realize. I was messing around. Okay. So yeah, we’re working on stuff together, working on stuff. So it what first use, let’s define that one. So what I would, it seems to me is, you know, you’ve got to sell it before you can actually file it. Are we tracking trademark world? Or patent world , we’re doing patent world. Ok patent world, if it’s in a publication, if you go to a trade show, if you’re selling it, all of those things are enough to trigger that one year clock. Okay. So if you’re going to a trade show, you’re showing a really cool wine cooler that you’ve created and that you want to share with people and someone sees it there, then there’s a clock ticking. You need to get that thing filed.
Yeah. You don’t want to wait on something like that. Trademark use is totally different. So I don’t want to confuse everybody unless I have a chart and things like that. So I think we need over here, you know, just for our mere marketing minds over here, we need like a little checklist. Yeah, exactly. Word Mark. Trademark Design Mark. Yeah. There’s all kinds of fun little terms that we can use for trademark. So absolutely. Okay. All right, cool. So now I guess it does get complicated like you’re talking about and it can get expensive to protect or expensive to well, to defend yourself if somebody comes after you. Right. So one of the questions I had is why would anybody bother with IP? You know, when it’s infringed upon so often it’s expensive to kind of defend yourself. I think it’s an asset of your business, first of all. So you’re in a certain, you’re investing in something that makes you business stronger. If you never plan on selling your business or, or appreciating your business in any way, which would be, I think, unfortunate, then yeah, maybe don’t bother. But I think that if you’re treating your businesses as an asset as something that you wanna appreciate, IP is an important tool to get there. It’s much more expensive to to not have done anything with your IP and then have people doing things with it because eventually you’ll be excluded from the market because of that. It’s much better to have your monopoly on your stuff and, and and really spend time protecting it early on because that actually saves you a ton of money down the line. I mean, it’s much easier to enforce if you have something, you will have your market. If you trademark your brands people know you because of your brands, they acquire goodwill over time. And so if you haven’t protected that, then someone could just use something very similar and your, your options are very limited. So it’s, it’s much better to invest in it early on and treat it as the asset that it is.
Totally makes sense. And all of the in, so to clarify, if, if, if one gets a design patent, it’s good for 20 years, is that the time on it?
14 on a design patent. Yeah. So it’s a little shorter. It’s still long. It’s still a really long time. Absolutely. And I think they’re, they’re I think design patents, you don’t have to pay for renewals, whereas utility patents, there are certain you know, milestones at which you have to pay renewals and whatnot. So it costs you more over time. It’s a good idea to get a design patent and it’s more affordable. Honestly, it’s, it’s a little bit, it’s a, has a lower price point as well. So sometimes it’s a nice way to enter into the IP world without sinking, you know, eight, 10 grand on a utility patent.
Yep. For sure. Yep. And for the audience, we’ve, we’ve worked on a couple of them, so we’ve got, and I was just showing Tina, one of the, one of the newer ones. So it’s a lot of fun and, and it, and I can tell you guys firsthand that it does bring value and our customers, when they hear, you know, the, the patented idea that we have and they see the value in it, it can make it, it can close a deal versus a deal that might not have closed. So you’ve seen it firsthand.
Yeah, I know you have. And it’s, it’s exciting when you have that, you definitely have a leg up on your competitors if you have some of that IP in place. I mean there’s, there’s no doubt that I’ve seen that play out over and over and over again. So I mean first question on the shark tank, right. So they always ask that. I just had a client on the shark tank and they got three sharks. Were they on like literally a newer episode just recently? Just in the last couple of weeks they had the era, they had the the charging pad that you could put all of your electronic toys on. Yeah, those are, those were my guys. So I’ve had a couple of friends that were on it and you become a celebrity basically. Yeah. Cause this thing keeps rerunning. You’re always out there.
It’s crazy. It’s, it’s super cool. It was fun to see my clients on there and I put my kids around the TV and we all watched it together. So it was fun. Yeah.
Okay, cool. Okay. So here’s a broad question and I, and I thought about this one cause I think it’d be great for the audience. Cause again, the audience, mostly brand owners and they’re thinking about this already and and probably some are more sophisticated and have a lot of patents and trademarks and some, some don’t. When designing a new product, what should one be thinking about as far as the patent goes? Is there like a basic guideline or like we’re launching 50 skus is, I mean do people literally say, Hey, every every new product I’m going to find a way to have a patent or is it more happen more organically? Like I’ve found this cool invention now we’re going to turn this into a product or what have you seen?
I’ve seen both. It really depends on the mission of your company and the way you approach an IP and how, how much it’s a part of your culture. I know that you’ve talked about how it’s a part of your culture. You have people here who are committed to getting X amount of inventions a month or whatever it is. If that’s your culture, then you’re, you’re looking at every product and you’re saying, can I make this patentable? Is there something new and non-obvious about this invention that I could put out there and get some protection on that I can monetize but I could license to other people potentially. There’s all kinds of things that you could do with that. Some people are like, Oh, they’ve been doing the same car stuff for a hundred years and they come across something and they’re like, Oh, maybe this is patentable.
I’ve really saved myself a ton of time the last few months doing it this way. Maybe I can do this. So it really depends on the culture of your company. And I think that if your culture is one that you’re looking to do, so then that’s something that you’re constantly, each product potentially thinking, okay, is this patentable? Are there other people in this space? How do I get around that? So you’re thinking as you approach your brand about how to make sure that a, you’re not infringing on someone else, but B, is this something that I could really monetize for myself? Yeah. And then some of the ideas that we brought up, you know, there’s that approval process, right? And some of them in non-obvious is that, is that the terminology that’s used? Not obvious. Okay. So is is kind of, it’s not super tangible. What does non-obvious actually mean? Someone’s gotta decide on that at the end of the day when they approve or disagree.
Right. And that’s why you have to hire attorneys unfortunately, because we’re the ones who are sort of like the arbiters of that I, I guess so. But yeah, that’s sort of a joke. But it’s one of those things where a non obvious is one of those things that you file the application, it goes to the examiner at the patent office and they’re looking at the art that’s already there and saying, Oh well there’s this piece of art and we think that this new thing is obvious in light of what’s already there. And you basically pay attorneys to convince the examiner that is not obvious in light of what’s already out there. So it’s literally, it’s just a back and forth process. It’s called prosecution. So you file your application, they reject it, and you try to figure out how your claims will end up so that it’s not obvious in light of the prior art. Okay, cool. I didn’t think about that back and forth part actually. Yeah there is. There’s a back, I mean that’s how the government makes money on your back and for every back and forth there’s a charge. Right, right, right. Oh man.
Okay. So now talking about the back to getting sued, cause I know this is everybody’s dream, right? They, they, they put a new product into the market and maybe there’s already patents out there protecting a competitor or something like that. What is so I guess the question here is if somebody gets that letter, which, which we’ve gotten, I mean, just for random ideas, but usually the people work with you and we’re like, Hey, we didn’t know. And you know, we work it through with them and we never actually have to do anything big with it. But let’s say it’s coming from a, you know, a company that kind of wants to do battle. What are the first steps? Should they engage with their attorney right away on this kind of
You get your cease and desist letter in the mail, you know, it gets served to you, you know, on a Friday afternoon usually, and you’re looking at it and you’re saying, okay, great. And then the first thing you should do is who’s sending the letter, right? If it’s the CEO from the other company sending it to the CEO of this company, there’s usually less of that chance of it becoming super litigious. It’s like, let’s figure out a ways that you stop doing what you’re doing and we can continue doing business together. And I think business people try to approach this this way. If they’re smart cause IP litigation is super expensive, it’s something that, you know I hate to say it wastes a lot of time because it’s profitable for me, but it wastes a lot of time for a business. Yeah. It wastes a lot of time for business having to, you know, go through all your paperwork and produce discovery and you know, you’re flying to wherever to get yourself deposed.
And you know, half your staff has gone doing that. I mean, that’s not productive for you. So everybody wants to come up with a solution. I think so. So if it’s a CEO sending a letter saying, Hey, knock that off, you figure out a way to kind of resolve it. Maybe you talk to your attorney and say, how would I approach this? Or you get some ideas from them, but that’s that, that automatically is a more friendly way to do it, right? If they’ve engaged their attorney to send a letter and it’s gone to you or your counsel, that’s it makes more sense at that point to how the attorney’s communicating with each other. And what you tell your attorney is, listen, I really don’t want to invest a ton of money and litigating this thing unless it’s a big moneymaker for you. And that makes more sense to fight it.
The, the, the proper response or the usual response is let’s respond back. You know, tell them, Hey, we don’t think your patent is as valid for whatever reason. Even so without admitting any guilt, we’ll stop doing this or we’ll phase this out if it’s a trademark situation, but usually you try to come up with a solution. And, and it’s really a matter of instructing your attorney and working with your attorney so that you’re not, you know, everybody’s on the same page and they know how you want to treat the situation. If you want to be litigious about it and you want to be aggressive about it, there’s plenty of opportunity to do so. Any attorney, we’ll be happy to take that on. So, but yeah, that’s basically the way I see a cease and desist letter is just an opportunity to talk to the other person and figure something out.
Okay. And then from your experience, if they’re coming, not from the CEO but legitimate companies or most of those settled, I mean, I gotta imagine most are settled before they’re going to court. Yeah. I mean, most of these things do settle. Most people don’t just go file in federal court. Oh. Without having some back and forth to start. It’s usually when they’re, the back and forth is not really accomplishing anything. And both companies, you know, or the, the patent owner is losing money allegedly. And that’s when you get into the situation where they go to court. But it doesn’t usually start out where you get served with a complaint that’s been filed in the central district. It’s just not usually like that. You’ll get something first. So got it. So take it serious, but it’s not the end of the world. Yeah. I don’t think it should be the end of the world.
Absolutely not. I think there’s a way, most of the time these things are getting worse, especially in the trademark world. These things get resolved. You know, I, I get, I see a cease and desist letter like three times a week, like new ones. So it’s, it’s part of my everyday and I try to, I know it’s new for the person who’s gotten it, but I think that there’s a way to kind of work through it and keep everybody calm. Everybody wants to settle. It’s a huge business expense. And so there’s a way to get around it. It’s usually we try. Okay, cool. And think that’s the good words of advice for the audience is don’t freak out. Especially if you’re like a newer business owner. You’ve never seen one of these before. Yeah. Take a deep breath. It’s going to be fine. It’s okay. Yeah. Just call counsel, figure it out and it’ll, it’ll be all right. Okay, cool. Yeah. Okay. And then what now what I wanted to transition kind of into your law firm structure cause I thought that was interesting. I think a lot of the business owners out there will find that interesting cause you kind of have a, I what I would call, you know, call it a distributed workforce and, okay. Do you want that? I like that better than virtual, but yeah. Yeah. It’s a, it is distributed. I started the law firm by myself almost 15 years ago now. Oh. And then my husband was really jealous that I was working in my pajamas half the time. You’re smarter than all of us. I mean me getting, I didn’t get an office space. I mean, I never went and met a client in, you know, I never had people come to my home at any point in time. And we, I always had office space that I could meet somebody at, but from the very beginning, it was just much it made more sense to work at home and have as low overhead as possible. So that was the goal was how do we keep overhead as low as possible. And my husband joined me, we continued to work out of home.
We thus Loza and Loza and he’s the second Loza. So let’s be clear about no, we happily worked together most of the time. We we definitely have our areas where we just we take care of our own thing and we try not to cross over very much because we, we don’t agree on everything, but we do agree on the mission of the firm and what we’re trying to do. So that’s the most important thing. But you know, he joined me and little by little we started adding attorneys and we really liked challenging the way that law firms worked when we started. We both worked at large law firms. We both had that experience and where we had to crank billable hours, meet our billable hour requirement. We were basically, you know, third of our, you know, a third of what we were billing was going to pay for the pretty fountain out front.
Yeah. So we were always really focused on how do we keep overhead really, really low staff, really, really low. I mean, not every attorney needs their own assistant. So we were always very cognizant of like where the money is lost in a law firm. And so we tried to make decisions that kept attorneys happier or kept staff happier. I don’t think we’ve had any staff attrition and all this time everybody, the vast majority of people who started with us have stayed and continued on. Which I think is really cool. I really enjoy working with my, you know, my employees and my partners because they seem to like working for us. I mean it’s been really good. So distributed means that we have always found the best attorneys who do really great work. It doesn’t matter where they are in the country as long as they do good work, we want to have a really quality work that’s being turned out.
So if that person has quality work, then we hire them and we don’t care where they are. And so if they’re in Chicago, then great. Here you’re are in Chicago. Get you a virtual office to meet clients there whenever you want to meet somebody or if you don’t want to do that and you want to have real estate, we will get you an office. Like it just depends on what that person’s needs are. They have a noisy dog or they have a noisy wife or whatever it is. They have the opportunity to work somewhere if they want to. Our staff all works from home. Wow. So they’re distributed all over. They’re all over the country. They’re great to work with. And I think that they also like that quality of life where you know, they can drop off their kids at school and they are saving on gas and they’re saving on clothes. They’re saving on all of those things and they’re able to spend more quality time with their families because they’re not commuting to and from work. And so that’s been, I think why a big part of why we’ve been able to retain our staff. And I think there’s always that followup question like accountability. I could let you ask it.
Well, it’s accountability. It’s also so the, so you have, you know, 40 or so attorneys and how is the work getting to the attorneys? Is it is each one getting their own work or is work funneling through the firm and down to the
Both. Okay. So that was another way that we really felt like we had to challenge the way law firms work. The way it works at a regular, a law firm, most of the time is that you have the partners, the big partners making, you know, connecting with clients and funneling all the work to their associates and junior partners. Yep. And that never teaches that associate or that junior partner how they got that person to begin with. So I’ve always felt very strongly that all attorneys at every level should be hitting the pavement and making their own connections. They all got to sell. If I had to do it and I started with zero clients when I started as an attorney, I had not one. And I managed to grow the firm and grow my book pretty quickly after I started, mostly out of necessity because I got out there and it is super important.
It’s, and it, and some people don’t feel comfortable with this concept of getting out there and networking and you have to do it in whatever way is organic to you. So if it’s writing articles or if it’s speaking or if it’s going to networking events or, you know, I have all kinds of things that have made me more comfortable with it over the years. I’m a true introvert, but I figured it out and I think everybody is able to do it in a way that feels good for them. So it’s just kind of learning your way and doing that. And so that’s the, they do get work from us because we have lots of work. All of our partners have, you know, some of our partners have more work than others and so they’re sharing some work. But our expectation is that our attorneys, all of our attorneys are trying to get their own work as well. And we, you know, we support them by giving them marketing dollars, giving them the ability to go to events and we pay for it. We support that effort as much as possible and we take them.
Okay, cool. Now and I want it, and I selfishly wanted to ask that just cause you, you, you know, I’m starting up this other company called Retail Band and it’s, it’s not the same as a firm, but it’s a similar idea of total. I mean, we’re having to network and get in front of clients versus sell a product, right? Totally different business model.
And I’ve asked so many different people how they run their firms or agencies and how people are incentivized and who has to sell and who doesn’t have to sell. But I like your philosophy. It’s like everybody’s got to learn that part of it because now you’ve got a huge sales team, which is right and how do you, how do you grow if you don’t know how to do it? And then you got thrown into this sales role because that’s how you grow in a company. Yup. And you don’t know how you, it’s like you’re starting all over again. It’s something that you should be able to do the entire cycle of your work forever. And we incentivize it. We give you a higher origination if you’re originating a client. I’ve always felt that you’ve, you, you take pride in the work that you’re doing for the client that you got for yourself.
It’s just a different kind of thing. If you were able to retain that client on your own. It’s different. And it’s like they’re my, they’re my client and I’m, you know, you’ll go above and beyond for them. And I think that that’s different sometimes when you’re working for someone else who’s just handing you the work, you have less invested in it. So exactly have that personal relationship. Yeah, absolutely. Cool. Okay. And then just quick question on the end of that. So is anything centralized? I mean if, is there like a, a hub word, you know, marketing or any of that’s done or not? No, nothing is, I mean other than a server that’s in the cloud, nothing is centralized. There’s not a headquarters for our firm. So unless you consider headquarters our home. Yeah. I mean otherwise there’s no headquarters for the firm and there doesn’t need to be, there hasn’t ever been a need where someone has been like, I need to see your headquarters. Yeah, no, that’s good for you. Cause you’re like, and now I know it’s a big theme for people. You know, people are like, they’re starting businesses and they’re, they, they don’t, they don’t want, they don’t want employees, they just want it. But in California, you don’t want employees at all.
Yeah. I mean that’s it. That’s where you’re thinking a lot of your dollars, your overhead as an employees of, you know, obviously an employee, you know, and it’s just part of the deal. But you know, sometimes we choose to an employee that’s not in California because there’s just more headaches here. I mean, they’re making it difficult. More and more and more difficult. Yes. Come on Gavin and help us out. Sorry. No comment. No. Oh, that’s funny. Oh, Oh cool. So why don’t we transition over to Amazon IP accelerator and I know this is an area that you have a lot of expertise in and of course our audience with product and brand donors are going to be selling a lot into Amazon as well as Home Depot Wayfair and all these other places. But I gotta embarrassingly, I have never heard of this Amazon IP accelerator until you and I were talking about it. So we’ll go ahead and share kind of what it is. Well, it’s not that embarrassing because it just rolled out October 1st. So it’s very new to Amazon and to the attorney, you know, to the law firms that are associated with the IP accelerator. Just a little background for people who don’t know why this might’ve existed or why this came about is there are infringing goods on Amazon. I mean, I think we all know that that’s happening. And, and sellers get really frustrated because they have IP and they’re not getting help from Amazon at the pace or the rigor that they want it to happen. And that’s frustrating to people. And Amazon has really made this effort to try to find ways to support its sellers, right? They care about their sellers. That’s how they’re able to have, you know, 600 million products or whatever they have on Amazon right now. So that’s where IP Accelerator was born, right? It was, let’s give well there’s an Amazon brand registry that already exists, right? If you have a registered trademark, yeah, you have a registered trademark, you go to, your rep at Amazon, you tell them, they, you know, register your stuff and brand registry and then you have a whole host of services that you’re gonna use through Amazon and you’re able to shut down infringers quicker and all of those things, right?
So that’s what you get for it. Now you had to wait until your Mark registered though. Now what Amazon has done is said, okay, we have chosen 10 law firms that we have vetted. They’re here on our, our website. You can contact them, we have prenegotiated prices for you. So Amazon gave me a do not exceed and I do not exceed that. And the they say these people are vetted. If they filed a trademark for you, we know that it’s probably got a better chance of registry. And so we are going to enroll you in brand registry from filing, not from registry on the United States patent attorney. The main difference right there. That’s, yeah, it’s a year. Yeah. That’s huge. So yeah, it can be really big, a big deal. And that, I mean that is a number one question.
Okay. So this, this rolled out October 1st. You know, I’ve been contacted about 300 times now from sellers 300, you know, original contacts from each person. And what we’re seeing is, is this true? Is are you real? Are we really going to get invited to enroll in brand registry as soon as you file the trademark application? Like, because people can’t, they’re incredulous. Like they can’t believe that this is actually a thing cause usually they’d have to wait a year to be able to access all these many, many features that Amazon provides on brand registry. Right. So yeah, absolutely. Within 10 days of our filing a trademark application, we submit the serial number to, to Amazon and Amazon invites you to enroll in Brand registry and you’re one of the 10 firms that Amazon selected. Yes. We’re one of the 10 firms. Thank you very much.
Yeah, we’ll can find you. So brand owners here who want to learn more about this can go to Amazon and find you in their cell. In their account. Yeah. And their seller central. Yeah. So it’s all there. The IP accelerator page has the 10 firms there. You can contact each person. There’s like a little contact us tab for each firm. You click on it, you can contact us directly and we respond back and start a dialogue. Wow. And so the main thing is that you, you file a trademark or patent or let’s say a design patent. It’s for brand registry. It’s only trademark. Okay. So you see you have a trademark of that take at least a year or so to go through to register and they give you protection from day one and then they follow through. Is there any follow through on their part to see if it was registered or not? So we’re, what is it today, the 28th or 28 days in? It’s all my, so it’s all new. But that’s what Amazon is saying that they’re going to do. They’re going to keep tabs on the prosecution. And if your Mark doesn’t register for whatever reason, they’ll pull you off a brand registry. Oh, gotcha. Right. But that gives you nine months or so. I mean you get your first office action around three to four months. So, and we have the opportunity to respond. I don’t know exactly when Amazon pulls their power but I do know that there is support there. There’s supposed to be keeping tabs on how your prosecution is going with the trademark office.
And Amazon is only going to well they’re only going to allow trademarks that were filed from these 10 or so companies only from the 10 firms that are listed there. So what, what’s happened a lot unfortunately is there been a lot of sellers who either recently filed trademark applications or have trademark applications in the process right now who they’re looking at a year off from where they’re filed and they’re saying, well, if I just went through you 10 I would already be on brand registry. So there’s definitely some of that going on where people are like, I’ll refile, refile it another way, I’ll do this, I’ll do this or I’ll, I’ll file for the logo. So most people have been advised to file for their word Mark, which is just the letters in black and white times, new Roman, whatever the word is. Now they’re filing the logo, which is not something most companies would invest in, but that will get them onto the brand registry. So they’ll file that and that will give them that, that ability to do that, which is, you know, people are creatively doing that so that they can get access to that brand registry.
Well, and back to that part, just cause that’s interesting to me. So most people just file for the actual words, but not the design of the logo. Or can you file for both or both at the same time? It’s really a budget thing. So if a client, the most important Mark to file the broadest Mark to file is your Mark at black and white times new Roman, nothing going on, right? That’s the broadest one because if someone infringes, all they have to do is infringe the word. They don’t have to, you know, infringe the wave behind it and the colors and all of those things. The second Mark that you would invest in is that logo. So that’s, that’s why most people will file for that black and white word Mark first.
Awesome. Okay. That’s, that’s pretty. And so it’s tied to the brand registry. It’s just an extension of it and kind of gets you in there sooner. And that’s the main purpose of it. Now I get it.
Yeah. Yeah. It’s, yeah, it gets you in there and it gives you access to some features. Like I think you could have videos now. It allows some like enhanced features that you have access to now and it gets you on that ability to start, stop violators much sooner. So all of those things are, you have access to as soon as you get on brand registry.
So, so if somebody already has their brand registry set up then they don’t need this IP accelerator. This is more for companies that don’t quite have brand registry set up yet. I think both can access it actually. But so if you have a vendor who’s selling a vendor seller as opposed to seller network with it. Yeah. So I think both can actually do it. I’m not 100% certain because I’m still working out some of these issues, but you can go ahead and get that trademark in a little bit sooner as well. So you would just add that serial number into your, into your vendor central and then your rep should be able to make that go through. Okay, cool. Yeah, so it’s kinda neat. Yeah. Cause if you have an infringement issue now, you don’t want to wait until that Mark continues through, so, yeah. But, well, this’ll be, that’ll be super helpful for the audience. I mean, everybody’s pretty much on Amazon, so.
I think so. I think it’s been super helpful. There’s been a lot of interest in it. You know, I’ve gotten a lot of people calling in, so it’s not, people are really trying to get this handled. And because of the do not exceeds, you’re getting really fair, you know, trademark rates. So it’s, it’s good.
Cool. Yeah. Okay. That’s great. So this is a question that I think will be helpful to the audience, but you shared a lot about your business and just even, you know, trademark side or legal side or just business side, just what you succeeded in this year. What would you say is your biggest win?
You know, I see wins in different kinds of way. One is what does my what are my attorneys and my staff happy to work where I, where I am and I, we just had our, a firm retreat a couple weeks ago and to see everybody together, I mean, we were only together once a year to see everyone together and working together and enjoying each other’s company. That feels like a win to me. Right? Cause I feel like this is a group of people who not only are working separately and distributed but are coming together and they, they have similar values, a similar mission in mind and everybody’s working towards a goal. And that’s great. I love that. So that’s exciting to me and I think that’s, that’s something that always is good. Now for me, like for the firm, this IP accelerator thing has been a big deal.
It’s, it’s a really created work for other partners at the firm. It’s been really exciting and it’s, it’s a really interesting niche to be in. So I’m learning a lot and it’s pushed me to kind of be like, Oh, I need to understand this Amazon stuff at a whole new level. And I got it before, but now it’s like, Oh, I really need to get this because people are demanding that, you know, I have all of a sudden had to become more of an Amazon expert in this way. And so that’s been really interesting and I love being challenged a little bit. So that’s, that’s been a neat thing for, for me personally at the firm.
Cool. And tell me more about the retreat again. If companies are just, because back to distributed company, so you guys got to get together once a year. So how do you guys do that? Where do you do it at?
We did it in San Diego. Thank you. It was a lot of fun. It was good to see everybody and we did some fun activities. But we do try to do some, like we have a, a whole bunch of attorneys, for example, in Pasedena, Pasadena area. And so get together for lunch every now and again. But it’s really interesting in a virtual environment that people forget that the person that they’re sending an email to is human. And so please, and thank you goes a really, like all of those things are really nice. And then also I happen to be working with basically 40 engineers who don’t have that. Like I love engineers. I’m married to a, you know, E but it’s one of those things where they just, the niceties get lost a little bit. Yeah. Right to the point. And so I think that that’s really hard for staff sometimes.
And so when you see people, it comes home with you and you’re like, Oh, I know about that person’s kids. I know what they do. And so we really, we do do work stuff. We do have, we talk about different work, things that we need to get through or whatever. But most of the time we’re really just doing fun activities. So we did a great like cooking activity where all of us there were four, you know, I don’t know how many people were there over 40, but we were 50 something and each, each group took a course of a meal and cooked for everybody. And then we ate a big meal family style together. And that was super fun. And like that’s team-building, but it’s also fun. Like we had a good time and there might’ve been alcohol involved. So all of all of that made it a really good experience.
And then we went on a boat and we did that. We had a great dinner and like we spent a lot of time together and we actually we used to invite, you know, plus ones and we stopped doing that because people would be with their plus ones. And so we, you know, so I think people were like, why’d you stop that? And it’s like, because we want to spend time with you, we don’t got to do that. Yeah. And when you’re with your spouse, you end up like making sure that they’re okay and Oh, she’s tired, she doesn’t want to go wine tasting or he’s, you know, his foot hurts and he doesn’t want to do whatever it is. Yeah. So yeah. So it almost forces that mingling, but it’s been a good forced mingling because people get to know each other which is good and that like that cooking idea, it’s really fun cause it’s, so, it must be a, is it a place that caters to that?
Were they? So it had like four super long tables. All the ingredients were there and the recipe was there for your dish and you all had to be like, okay, you chop the garlic and you do the parsley. And they had, there was a pasta making table so they were rolling out the dough and they were feeding it in the pasta machine and they were doing that whole thing. I mean, so everybody took a course, owned it and we all ate that food that we made. So I didn’t like come from the back afterwards. It was like actual food that we made. It was really good and they, mine was a little garlicky but it was really great. So that’s a good one. I’m going to have to, yeah, I’ll give you the name of the place in San Diego because that was a really good, it was a really good experience for us.
So you have a bigger, bigger shop here than I do though. So I dunno if you can get all of these really big meal. It’s a really big meal. Yeah. You can throw in dessert as well. And you cocktail. Yeah, custom cocktail. Wow. Yeah. That’s awesome. What do you think is, so there you shared like the biggest win and how you think about it and that’s a really thoughtful way to think about things. But what do you think is something actionable that brand owners should get from this conversation that we had today? That they should be thinking about their products or their business? Well, I think that sometimes business owners end up getting in the weeds of the everyday nonsense. I, we all, I mean, I’m running a, I mean, I’m running a business too, right? So we all get in the weeds of, Oh, this employee issue or whatever.
Like, why isn’t this working? Or Oh no, the computers are down. And then you get, you deal with all this nonsense that slows you down, but ultimately you need to look at the big picture. And so when I’m you know, thinking as a business owner, well, what am I trying, like when I’m done, when I like retire one day, what do I want to be left with? And hopefully it’s, you know, you have some money to spend and travel and go on a cruise or whatever it is you are passionate about, but you also want to have something that you can, you can sell it, right? You want to be able to be like, I have things to sell IP to sell. I mean, that’s why you invest in it. And for me it’s like you don’t need the trademark certificate. How many of them have I sent you in the mail?
You’ll probably just throw them in a drawer or whatever. I don’t think you’ve seen them posted around the office. But it’s one of those things where it’s, you’re not doing this for a certificate. Like if you’re not, if you’re not going to create your, your universe and get other people to stop doing it and really enforce your monopoly and create a really strong asset that has value. If you’re not trying to build something, then then what are you doing? Like big picture, what are you doing? Like you have to, you’re trying to build value and so that you can sell it one day or you can, you know, so you can walk away one day and have really look back and you can say, I built something. And part of that is IP. Yep. And I do think IP is a luxury.
It’s not something that you think of the first day of your business, but once you’re getting established, it’s something that you need to have and it, it really adds value. So, and it’s the first thing people are gonna ask, right? What you’re selling, ok list your assets. Well, IP is one that can’t burn down. Yeah. So that’s such good advice. So I think the takeaway is, is all the business owners, everybody should be thinking about and how are they investing in IP and how are they building value for their enterprise so that they can have a future exit and, or that it can help increase the size of that exit. Right. Absolutely. I think that’s, that’s music to everybody’s ears. Okay. I hope so. Good, good advice. How can listeners find you? Well apparently on IP accelerator now, but you know, my name is Tina Loza. My email address is firstname.lastname@example.org. So L O Z a I P is in intellectual property.com. Yeah. And or you can go to our website and lozaip.com and all of our numbers are there and you can contact me and I’m happy to talk to anyone and I provide free consultations and I’m easy to get ahold of so I’m happy to talk to any of your listeners. Cool. So the website again is Lozaip.com.
Oh good. I like that. Good domain. And you do a lot of domain work as well. I do domain work. That’s fun. I love domain work. It’s really cool. I, I don’t know why people keep choosing trademarks that they cannot get a .com for, let me just throw this in as an extra. Okay. But if you decide to choose a, a product name that you cannot get the .com for, then try again. I think it’s super important to have that you should be able to get your Instagram handle, your Facebook handle, you should be able to get your dot com at least if not a dotnet a dot. Everything. And once you have that, you need to get all of them because it’s $10 now as opposed to $30,000 in the future. So by, you know, my advice is to just buy them all up right now.
You’re going to save yourself a ton of time and money in the future. But yeah, everybody should have their, their .com and if not, you should do a search and look for another name. That makes more sense. Yeah. And I can tell you, so for my new company, retailband.com was available. So we got that. Awesome. That’s really great. And I liked that is short enough and I can say it in for newair, we never bought the name, so I had to buy it like five years into it actually. Right when we are going from a direct to consumer brand to this new model where we’re selling into retailers and I had to go buy it from a squatter. Luckily we didn’t have to pay too much money for it, but it was an expense, right. As an expense. Right. So first things first like yeah, if you can do it, get the domain.
Did you have the.net or something for a little while or what was that? No, we just did cause we were, we had the companies under a different name at the time and so newair was just a brand. We didn’t, we weren’t even selling on that website once I wanted to turn that brand into the focus of the company. Right. I had to go get the domain, but if I would have waited, it would have been even more so we just bit the bullet. Five years. That’s good. I’m glad you got that handled. You got it handled. Yeah. The domain stuff is fun. You should definitely get that handled. That’s part of your trademark. That’s an asset. Same thing. If you don’t have that, then people are going to ask why don’t you have that? Yeah. So, okay. Yeah. Yeah. Well it’s good having you in person.
Thank you so much. I was, am I your first in person caller? Second. Okay. Second in person or in person guest. Like it’s much easier for me to be in person. We did a big Photo shoot so we’ll get some. Oh good. Where are you going to have that? What’s your, what is your what’s your hashtag or what’s your so we can put something up on our website. I’d love those pictures. So we’ll be on the page one podcast. Usually we’re posting all over LinkedIn. Oh, okay, good. All. Yeah, well we’re on LinkedIn. Okay. Yeah, that would be great. I’d love phone. Okay, perfect. Thank you so much, Tina. Thank you. Thanks everybody for listening to the page one podcast. If you need help selling into Home Depot or Wayfair or you need help with influencer marketing or any help on sales and marketing, then you can reach us over at retailband.com or find me, Luke Peters on LinkedIn and happy to help you there. Thanks for listening.
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