Episode Transcript
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Speaker 1 (00:00):
This is the Good
Neighbor Podcast, the place
where local businesses andneighbors come together.
Here's your host, cabo, jimSchaller.
Speaker 2 (00:11):
Welcome, good
Neighbors, episode number 201 of
the Good Neighbor Podcastestero.
Today we have Good NeighborsHolly McFall and Melissa Jetta
from SecureMark Legal Welcome.
Speaker 3 (00:22):
Hello.
Speaker 2 (00:28):
SecureMark Legal
Welcome, hello.
Yeah, pleasure to get to knowyou and share with our community
what you guys do over atSecureMark Legal.
So I don't know who wants tostart, but let's jump in by
sharing a little bit about whatyou guys do.
Speaker 4 (00:37):
Thank you for having
us.
I really appreciate it.
We are glad to be here.
I am Melissa Jeda.
I'm an attorney.
Holly and I are the foundingpartners at SecureMark Legal.
We are a boutique IP law firmthat helps startups protect
their brand, protect what theyhave built in their businesses
(00:58):
and their name, and by doingthis we get to learn about a lot
of businesses, meet a lot ofpeople and help them protect
what they've worked so hard for.
Speaker 2 (01:09):
Absolutely, and it
takes a lot nowadays because a
lot of people are jumping intotheir own business but they
don't really understand thebackside of it, so it's good to
have people like you helpingthem.
So how did we all get involvedin this type of industry?
So how did we all get involvedin?
Speaker 3 (01:25):
this type of industry
.
Well, so Melissa and I met inbankruptcy court actually, so
we've been litigators on thatside of things about businesses
failing and tearing downbusinesses and you know, kind of
sort of the negative aspect ofbusiness.
So we came together, you know,with this idea of doing
(01:50):
something happier.
You know, working on buildingup businesses instead of, you
know, tearing them down orworking with them in their
lowest points.
We're hopefully, you know,usually with them at their
highest points.
You know, oftentimes in thevery beginning, where there's
all the hope of, you know,starting something new, or even
down the line, you know thebusiness has been in around for
(02:11):
years and is just getting aroundto cleaning up their act on the
IP side.
Speaker 2 (02:16):
So it's more fun, so
we came together to do that yeah
.
Way more fun.
Keep them in business ratherthan closing them Right.
I'm sure, I'm sure, I'm sure Isthere one thing that you're
seeing nowadays that's more Iwant to say more frequent, but
maybe more prevalent withbusinesses and why they succeed
and why they don't?
Speaker 4 (02:36):
Succeed and don't not
necessarily.
You know a lot of great ideas.
A lot of great businesses don'tsucceed, but one of the things
that we've been able to helpthem with and push them towards
that is making sure they canactually own their business name
, making sure that they can ownthat brand.
A lot of mistakes thatbusinesses make we can help,
protect and help.
(02:56):
You know, from the verybeginning, or even if they've
come to us after they've been inbusiness for a few years, go
back in and do a cleanup ontheir IP and making sure they
can own it, making sure thatthey're not infringing on
someone else's brand, thatthere's not someone else
infringing on their brand outthere.
So, being able to make sure yourIP, your intellectual property,
that being your brand name,your copyright, your creative
(03:19):
works you can help them workwith a patent attorney if that's
where they need to go to Makingsure their business formation
is set up in place.
You asked in the beginningabout making sure how they
succeed and making sure theyhave a good foundation, their
business plan is in place andownership is really where it is
important for a business tolaunch from or even grow from,
(03:40):
because without that IPprotection you can't grow.
You don't own your businessname.
You can't grow that name, youcan't sell that business, you
can't branch out and franchisethat brand or other things along
those.
So that's really important tomaking sure that a business can
succeed.
Speaker 2 (03:56):
And then I'm sure
there's a lot of businesses that
, like you mentioned, get intobusiness but don't think about
that stuff until the time comeswhere they, you know, they want
to sell, they want to grow, theywant to do something and
they're like, oh, I didn't dothat.
And now, now you pretty muchyou risk losing everything that
you've built in essence.
So are there any maybe myths ormaybe misconceptions
(04:16):
surrounding what you do that wecan maybe clear up for our
listeners?
Speaker 3 (04:22):
So I'd probably say
the biggest one is owning your
name.
Most people come to us assumingthat because they own the
website URL and or the name onSunbiz you know, in Florida
that's our division ofcorporations they think that
because that is their LLC nameor their corporation name and
that's the name you know they'reputting out into the public,
(04:44):
they believe that that's allthey need, because they have the
certificate from the state ofFlorida.
They think they own the name.
And that's very much not thecase.
A lot of times companies evenhave a different LLC name than
their actual brand name.
So logic would follow thatthere is an additional step that
you would need to take in orderto own the trademark in your
(05:06):
name.
Speaker 4 (05:13):
Filing a federal
trademark is the only way that
you can actually own that brandname and you can make sure that
you have exclusive use to thatname, that someone else cannot
use that name to sell the samegoods or provide the same
services.
You don't get to own it acrossthe board, everywhere, but you
get to own it for the sale ofyour goods or the services that
(05:35):
you provided.
Think of like Dove chocolateand Dove shampoo.
You're not going to own it inall realms.
You got to own it in exactlywhat you provide.
But by filing a federaltrademark and having a USPTO
registered trademark, you're notgoing to own it in all realms.
You got to own it in exactlywhat you provide.
But by filing a federaltrademark and having a USPTO
registered trademark, youactually own that brand name.
You can stop other people fromusing it, you can make sure that
you have exclusive use of itand if someone else is using it,
(05:59):
you can prevent them and youcan file suit or you can send
them letters to get them to stopusing that name.
So they're not ruining justyour name.
Your name is everything.
It's your reputation, it's allyour goodwill that you've put
towards this business and thatbrand.
Speaker 2 (06:12):
And it's not just for
big companies, because we all
read about it.
People like, like disney, doingthe little guys that are, you
know, making mickey mouset-shirts or whatever it may be,
you know selling.
You know, uh, you knowgiveaways or t-shirts, whatever
with the name on it that theyneed to protect their name and
image.
That's something they've built.
They just can't have anybodyselling t-shirts or whatever
(06:32):
they want on it, you know rightand that's the thing.
Speaker 3 (06:36):
No matter how small
you are, that doesn't mean a
bigger company isn't going tocare about you or what you're
doing.
You know, even if you don'tthink that you have these big
plans to become a big guy,that's not the whole point.
You know, maybe you will in thefuture.
That's part of it.
But you know, like we're sayingnow, somebody else coming after
you is something that you can'tcontrol, is something that you
(06:58):
can't control.
The way you control it.
The best you can is to put yourprotections in place as a
preventative measure, sort oflike insurance against that
happening.
Speaker 2 (07:07):
Absolutely so.
Do you notice anything you knowoutside of our questions here?
Do you notice anything trendingin the industry lately?
Speaker 4 (07:17):
There's a lot of
trends in industry names.
There's a lot of trends inregards to like getting a name
on file first if it becomes likea viral post or a viral name or
something trendy in thoseregards and trying to get your
you know in first.
One of the things with theUSPTO and brand names is the
first, to use that name shouldhave priority rights so you can.
(07:38):
If you do come up with a goodname, remember you've got to
actually use it for goods orservices.
You can't just say, oh, I wantto trademark this because it's
viral.
You've got to have theintention, the plan put forward
to say I'm going to use it forselling this good or this
service.
But you can.
If you come up with a great name, something, a word becomes
popular and you want to makesure you could have ownership,
(08:00):
you can go ahead and file anintend to use application with
the USPTO.
That means that you're notusing it yet, but I intend to
use it to sell these widgets.
I'm going to be selling thesewidgets.
My intention is to use it.
It takes nine to 12 months forthe USPTO to come back and look
at that application and then, ifit's an intent to use it makes
(08:21):
it through the filing processBefore your registration.
You've got to show them howyou're using it.
You've got to actually startselling goods and services.
You've got to start being ableto put it out there in commerce
meaning not just in your stateavailable to everyone within the
United States.
Speaker 2 (08:36):
Now does that follow
the same lines?
Because there's a lot of peoplethat we call them almost
squatters that are buying, likeinternet domains with certain
names that are popular becausethey're hoping well, I'm going
to sell it to somebody who wantsto buy it for multi-million
dollars or whatever.
Speaker 4 (08:51):
Like I said, you have
to have a plan to use it.
You have to have an intent.
When you file that intent touse application, you've got to
say what good I'm going to beselling, what service I'm going
to be providing, and thedescription of that cannot be
broadened once you actuallydecide it.
It can be shortened, it can bemade more specific, but you
(09:14):
can't add goods or services toan application.
You'd have to file anotherapplication.
Same name, additional goods orservices, so it's not quite
spotting.
You do have to have an intentand a plan and we work with
companies that are doing it.
We work with companies that arestartups and they've got a
great name.
They love this name.
They got to make sure they canclear it first, because worse
than having someone elseinfringe on you is make sure
(09:37):
that you're not infringing onsomebody else.
That's a very costly mistakethat people make as they start a
business.
Like Holly said, I don't thinkI'm going to get big, but
they're going to use the name.
It's a cool name.
They're not going to check itfirst and someone else is using
it and then rebranding isexpensive, lawsuits are
expensive.
You got to make sure you canactually own that name.
So come up with that great namefile that intent to use, have a
(10:00):
plan to use it, and then we cango ahead and get that on file
and protect that name and getthat started.
So that way no one else getsahead of you, so to speak, as
far as squatting goes.
Speaker 2 (10:12):
Absolutely so.
I know you guys are based downhere in Southwest Florida.
Do you cover a larger area thanthat or are you primarily
focused down here?
Speaker 3 (10:21):
Florida.
Do you cover a larger area thanthat or are you primarily
focused down here?
We cover the whole country,even sometimes the whole world.
You know, depending on thecountry that you're interested
in, you know, if we don'tdirectly file in that particular
country, we can always findlocal counsel there.
But we can work with anyone youknow, certainly across the
United States and around theworld.
Speaker 2 (10:41):
Very nice, Very nice.
Now are both you guys fromSouthwest Florida.
Speaker 3 (10:46):
Originally I'm from
Florida, but from the East coast
.
Speaker 2 (10:50):
Okay.
Speaker 4 (10:51):
I'm originally from
Chicago.
Speaker 2 (10:55):
Chicago, where in?
Speaker 4 (10:55):
Chicago.
I've been here long enough thatI really am a Floridian.
I grew up on the North side inSkokie.
Speaker 2 (11:01):
Okay, all right.
I lived up in Schaumburg andEllington Heights and got out of
college and figured it waswarmer down here.
I'm out of here.
Speaker 4 (11:09):
No more winters for
me.
I don't tolerate it.
No more Right.
Speaker 2 (11:14):
Snow shovel.
What's that?
I don't know what that isanymore.
It's my beach stand shovel.
I don't know, what that isanymore.
I use my beach stand shovel.
That's what I do.
So what do you ladies enjoydoing when you do get a moment
of free time?
I know your job is verydemanding, but we live in
Southwest Florida Is therecertain things that you enjoy
getting out and doing.
Speaker 4 (11:33):
We're both married
with children, so our family
life is just as important to usas our work life.
So we like to say we have abalance, but we know I'm really
a workaholic, pretty much Verynice.
Speaker 2 (11:45):
Very nice.
Well, you guys, you're doing agreat job of what you're doing.
Is there one thing that youwish our listeners knew about
what you guys do that maybethey're not aware of?
Speaker 4 (11:55):
I think companies are
scared to call lawyers.
I think people are afraid thatit's going to be really costly
or they're going to get a billfor every phone call.
One of the things that Hollyand I pride ourselves on is we
started this to become really aflat rate firm to help
entrepreneurs.
You know exactly your fee, youknow what it's going to cost you
up front, you know how it'sgoing to work, what the payments
(12:16):
are going to be.
I want just the opposite.
I want you to pick up the phoneand call me and tell me about
your new business idea and Iwant to talk with you, work
through it with you and teachyou how to protect that and what
we need to do for next steps.
I don't want you to be afraid topick up the phone and call me
so because they're afraid ofthat fee like it's going to be
super expensive They'll go withone of those AI law firms or
(12:38):
those paralegal filing sites tofile their trademark, which it
doesn't get seen by an attorney,and then they end up having
problems down the road.
They got to call me to fix them.
I'd rather speak to you at thefront end.
I'd rather you pick up thephone, call me, talk to me, set
up an appointment so that way wecan meet with you and walk you
(12:59):
through the process, because inreality, like I said, it's
cheaper than having to rebrand.
It's how he said it's insuranceand protection for the future.
So it's easier to do it now anddon't be afraid to pick up the
phone and call us.
Speaker 2 (13:13):
Absolutely Speaking
of that, how would our listeners
go about contacting you if theyhad questions or wanted to
learn more?
Speaker 3 (13:19):
So our website is
securemarklegal.
com.
Phone number is 239-323-0702.
Speaker 4 (13:32):
And you can also find
us on all the social media
platforms.
Speaker 2 (13:35):
Pretty much, very
good, perfect, any last words
for our listeners.
Speaker 4 (13:39):
We are happy to work
through it with you talk to you
about what you've got, talk toyou about how to protect your
business not just your trademarkand your brand, but your
creative work, your podcast,making sure you have all of your
legal you know contract spacethat you need to make sure your
business can grow and thrivegrow and thrive.
Speaker 2 (13:59):
Very good, Holly.
Melissa, it's been a pleasuregetting to know you.
Thank you for being such goodneighbors and I hope to see you
out in the community soon.
Speaker 3 (14:07):
Alright, thank you
for having us.
Speaker 1 (14:09):
Thank you for
listening to the Good Neighbor
Podcast Astero.
To nominate your favorite localbusinesses to be featured on
the show, go to gnpestero.
com.
That's gnpestero.
com.
That's gnpestero.
com.
Or call 239-296-2621.