Do Something Right Now
Phil Kirkeiner
Devin Miller
The Inventive Journey Podcast for Entrepreneurs2/27/2021
Do Something Right Now
The Inventive Journey
Starting and growing a business is a journey. On The Inventive Journey, your host, Devin Miller walks with startups along their different journeys startups take to success (or failure). You also get to hear from featured guests, such as venture firms and angel investors, that provide insight on the paths to a successful inventive journey.
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ai generated transcription
like if you have a business idea do the
smallest possible
next step um towards it just
right away if you think that you want to
start like a new social network or
something
um for i don't know dog lovers or
whatever
call up five of your friends who love
dogs and ask them what could be better
about the social networks they use or
if you you know have an idea for
you know like like i say i want to get
into lawyers or something with referrals
maybe i should call up a bunch of
lawyers and ask them we can help them
out but just
like you really don't need money or some
big thing to start a business and it's
usually just one step at a time like if
you have an idea
just do something do something
right now about it
[Music]
hey everyone this is devin miller here
with another episode of the inventive
journey i'm your host devin miller the
serial entrepreneur that's i've grown
several startups in the seven eight
figure businesses as well as the founder
and ceo of miller ip law
where we help startups and small
businesses with their patents and
trademarks
if you ever need help with yours just go
to strategymeeting.com
and grab some time with us to chat now
today we have another great guest on the
podcast
phil kirkheiner and uh phil is um
so originally he was in high school was
very involved with
uh i think drumline is and was hardcore
into bands
and was wanting to be a drummer um even
made i think his own dance dance
revolution step charts for his music
and did that for a period of time got a
scholarship
for drumline to byu and on the first day
that he was at byu
felt like music wasn't what he was meant
to do or wasn't what he was going to go
into so gave the scholarship back
decided to go into an accounting instead
and then worked for an entrepreneur for
a bit of time and
sounds like that was it was an
interesting entrepreneur maybe we'll
share a little bit on that
um got the accounting degree didn't like
his internships
did a bit of door-to-door sales during
the summer and then
started a couple side hustles i think
that have started to grow into
a bit more of a business that is uh
working as well as doing a couple other
things so
with that much is an introduction
welcome on the podcast phil
hey thanks a lot devin happy to happy to
be here
it was fun to hear you tell me that
story back to myself was like oh wow
i've had a life that's right yeah you've
been impressed you've had an impressive
life so
so maybe taking us back a little bit in
time to high school kind of doing
drumline being in band and then how that
how cut or take us through your story a
bit
yeah sure um well
i consider myself a creative person i
mean i'm not a painter or an artist
necessarily but
i really enjoyed playing drums and and
writing songs and
you know creating things and
you know i've always kind of had that
with me even when i was studying
accounting in school i mean i thought
accounting was just a safe career path
but it got really boring really fast
because
i wasn't really creating anything um
but that's kind of why i've been drawn
to entrepreneurship because you can take
the business and the numbers side of
things and create something
in a way that makes money a lot more
money than i could have made doing music
so um so yeah
so so you did that drumline you were
talented you you know thought that was
fun and exciting you did that throughout
high school and you're
obviously good enough to get to the byu
and you know that's a compliment
accomplishment in and of itself is to to
be at that level that they're willing to
give you a scholarship and
to bring or bring you there but then
walk us through a little bit because i
think when we chatted before
you got to byu or brigham young
university and kind of the first day you
just didn't feel good about the drumline
or what kind of made you
decide to switch from doing more of the
drumline to doing going into accounting
yeah totally um i don't know
i mean it was one of those things where
i really enjoyed
drumline and music and maybe part of me
was afraid that
if i made that exclusively what i did
for my career
that i wouldn't enjoy it as much anymore
and you know i liked all of my other
classes in school
and i was interested in a whole lot of
things and um
i don't know it was just one of those
things where i maybe i was scared
or maybe i thought that i wouldn't make
that much money doing it but ultimately
i just didn't want to pigeonhole myself
into
into that one thing but it was scary man
i mean
um i mean my teachers from high school
and then
you know all of the professors in the
music school and then my parents and all
my friends and everyone kind of knew me
as the drumline guy
and uh i guess i was kind of feeding off
of their
you know encouragement from it and i
really enjoyed drumline but
i guess in my heart i just feel like i i
didn't want to commit
a hundred percent to that and that alone
you know
so so now so you say okay you know
whether it's a bit scared or you're not
sure if you can make a crew out of it or
where
you'll be able to support yourself kind
of making that decision okay
while i you know i enjoy it and it's fun
and you know it's an exciting type of
thing i'm going to go in a bit different
direction
at that point how did you decide you
know that
um you know to go into accounting or to
make that pivot or kind of how did you
decide okay i'm going to do something
different
how did you decide what direction to go
yeah um well
um this guy that i worked for
my senior after my senior year of high
school i had a summer internship
working for this guy who got his
accounting degree and he was an
entrepreneur
and he ended up going to jail but
um he told me that
you know with an accounting degree you
can do anything because it's this hard
skill set and you understand the numbers
you can make the numbers work for you
um and i thought that was cool you know
your curiosity i know i'm interrupting
going to jail was it something to do
with accounting or a bezel league or
something of that nature or was it
unrelated
as to why you went to jail honestly i'm
still not
entirely sure what it was but it was
something fraud related
all right fair enough don't don't want
to name names and don't need to know but
i'm just curious
you could do anything you want to do
with accounting including in bezel buddy
that's the first thing that came to mind
so just was curious
but so anyway so he kind of you know
gave you that
you know feedback and gave you that a
bit of that direction that kind of sets
you on the
path to get an accounting degree is that
right yeah
and to be fair when i was on um i did a
two-year mission
for my church and i was in central
america when
he was going through all this stuff so
when i left on my mission it was kind of
deciding what i was going to do i was
already let had this impression
and it wasn't because he went to jail or
anything that i wanted to do this
but um so anyway um
i really enjoyed the numbers stuff and
um i thought it was really cool to make
it all work for you and just like
with drums i had to practice and get the
tools and the fundamentals down
before i could you know join and be a
part of a band and create
a song and um and make something really
cool i felt like understanding numbers
and accounting was all kind of the same
way if i really understood
how a business works and you know
reading the music i mean like reading
the
the language of business which is the
numbers like like reading music is for
drums and everything else i thought
that'd be pretty cool and it turned out
to be
really great i mean even now when i
think of business ideas i
um i can think of them you know in terms
of like
the actual dollar signs and how
everything would work rather than just
thinking this would be so
cool you know sure um
i think it's been an advantage i might
have lost track of your question what it
was just a minute ago but
no you're good and i think he answered
the question so now you're saying okay
so
you got the accounting you know you
switched from drumline to accounting
degree
you had you know the mentor that while
he may have he gave you good advice even
if he didn't necessarily
uh keep or take his own advice so to
speak and you get the accounting
agreement but i think you me
if i remember when we chatted a bit
before the podcast is that you also
um you kind of did some internships in
accounting and decided that
while you know while it's maybe a good
career path it wasn't one that you
found exciting or wasn't one that you
decided you wanted to do as a career
path is that about right
yeah um exactly i mean public accounting
you know look for the companies that you
know audit the financial statements of
um corporations everywhere there's kind
of this
corporate grind culture where you work
long hours and
you're up late and there's this busy
season it's just
going going going and all you're really
doing it felt like
it's just checking boxes to make sure
someone else did things right i didn't
feel like there was any sort of creative
juices behind it
beyond like literally just getting paid
to work really hard so that somebody
could put
like at the end of the day no matter how
hard you worked or no matter how great
you did
all all the all the work just gets put
like a stamp
you know on the company that's all it is
and um
i didn't really get a lot of fulfillment
out of that and
so i said i don't really want to do this
but i'm at the same time i was super
jealous of everybody who really enjoyed
it because
if you're good at accounting and you
like it you'll always have a job
and it's very very predictable you know
you know you get your
an accountant and then your controller
then you could be a cfo and then
whatever else and it's just like
very predictable and that's what
traditional accountants like but
um it's not what i was
super attracted to part of the hours
probably got to me as well i just didn't
like working 70 hours for
so now as you're so you know you kind of
made a transition a couple times right
one was from drumline
he did enjoy but didn't have the you
know didn't necessarily
maybe a bit worried or didn't know how
that would work with the career and
whether or not it would ruin the fun of
it so to speak
and so you say okay i'm going to go into
accounting and while you could do
accounting you don't kind of have that
same excitement or that same level of
fulfillment so with those type kind of
things playing how did you kind of
figure out what you wanted to do or
where did you go to from there
yeah um so from there i figured
okay well well i guess i should say i
didn't really do anything super
consciously after my accounting
internships it was more like
i need money because i'm getting married
this summer so what can i do to make a
lot of money okay well i'm gonna
do door-to-door pest control sales um
because my buddies say i can make a lot
of money who knows if it's a scam or not
like it sounds too good to be true you
can make you know 30 to 70 000
in the summer but i mean i think i'm a
nice enough guy i mean i'm sure i can
sell something to these people
and uh i actually had a really great
time i
was out knocking doors i was working
just as many or more hours
than i was at deloitte but i was out
knocking doors outside talking to people
all the time
getting rejected most of the time
you know people don't like their door
being knocked and being sold something
but
i made way more money doing that in less
time
than i was getting paid overtime at
deloitte even
um with my internship in accounting i
said okay well
this is clearly a sign if i like getting
doors slammed in my face and i'm better
at this than
than the accounting stuff then maybe i
should do something that's um
you know sales related or business
related and kind of combine my
my talents and do something like that
and so you so then you went in did that
for a period of time
um you know it was realizing that hey
this is i need some money i'm getting
you know
married got support you know gotta have
an income and those type of things
but then how did you i think that if we
i remember you kind of
at the same time you had an experience
with opening bank accounts and looking
at
bonuses and how that might work and kind
of that it started as
in parallel to some of the other things
you're doing and that's where you
started to have interest or focus on or
um transition to yep um
so around this time um i
got connected with some of my accounting
friends who are opening up
bank accounts very often and i had no
idea why
and uh i asked him it's like hey why do
you have so many bank accounts why are
you always calling banks or you give
money troubles they can use some help
and they said no i'm we're actually
calling and opening all these
bank accounts into different banks to
you know get the sign up bonuses you
know you
set up you open an account you set up
your direct deposit you get 200 bucks
and uh that's it that's the whole thing
and tons and tons of banks are doing it
so it said oh this is really cool
and i was a college student you know i
was just an accounting intern
between semesters and i said okay well
i'm gonna
do this so every single week of my whole
12-week internship i
moved my money into different banks with
my paycheck
and made like 1500 bucks and i used it
to fly back to central america where i
did my mission
i used it to go to southern california
for
some skating convention you know some
like skating meetups and stuff
and i thought it was so cool that i
could just have this free kind of money
and that was kind of my first experience
with entrepreneurship
i guess i could say you know just
finding an opportunity and taking
advantage of it
and so i got back from school
um after one of my accounting
internships and then i kind of put
together the spreadsheet of
every single bank account offer that was
being promoted by banks and how much the
bonus was and where you needed to live
and all the requirements
and then i would tell my buddies about
it at byu because byu's got people from
all over the country right i mean people
come there from every state um
you know because it's a church sponsored
school so there's church members
everywhere and
um so i would filter my spreadsheet to
my friends you know states and how much
money they made and i just send off a
whole bunch of copies of these
spreadsheets everywhere
um until eventually my buddies like hey
you know this is pretty cool you should
make a website out of it
so while i was at still school my friend
matt
and i we kind of took all this data that
we were collecting in spreadsheets and
prototyped out a website where you could
go to it and right now now it's called
everybankbonus.com
and you can just go to the website you
can put in where you live how much money
you make how much you have money have
saved
and you can find all of the bank account
sign up bonuses on there
anywhere they're worth anywhere from a
thousand dollars to 50
each and you can just take advantage i
mean if you go right now you could
probably search your state and find
there's
ten thousand dollars worth of free bank
sign up bonuses wherever
in pretty much any state um
and it's been awesome we have a we
we kind of built it out in school and
then finished it up as part of a
capstone project and
launched it to reddit and especially
right now with current events i mean
reddit can love something and
really rally around it or not maybe we
can see how the gamestop
stock's going crazy today but um in a
very
much smaller form uh this reddit group
rallied around our website and has
really been loving it for the past few
years and that was like my first
really cool success with
entrepreneurship even if it was just
really small
i really that got me going for sure
so and so now in in you know i i leave
it up to the the starving college
students so to speak to figure out how
to gain the system
as far as that to take advantage of the
the bank bonus but i think that that's
an engineered
in ingenuitive way to making some extra
side money or to be able to do a couple
extra things
so now as you kind of say okay you know
this is one where
you know there's a bit of demand friends
are asking for it i'll do something
there
now is this going was the intent to make
this kind of just a fun or side hubby
side our hobby or side hustle is it
something that you're looking to grow
and kind of what are you doing in the
meantime or in addition to that is it a
full-time gig and you're making you
figured out how to monetize it
is it a hobby and you're working a
full-time gig elsewhere or how does that
work out
yeah uh so every bank bonus um is
definitely a side hustle
it doesn't take much time to manage we
have i mean there's four of us
that were in a group together that kind
of put it together and now we all have
full-time things that we do on the side
and just spend a few hours a week
making sure the content's up to date
making sure that we're adding you know
features that people ask for and whatnot
and it generates enough money that it's
worth it to us
and it can be sustainable so that's been
really fun and since then you know after
i graduated and decided i didn't want to
go into accounting
um i did work for about a year and a
half for the pest control company that
i was selling door-to-door for i worked
for them as a financial analyst
after i graduated and at that point
after having sold all the products then
i got to kind of see the back end of how
you know all the operations worked to
to service all of the pest control
customers and
i saw exactly the finances and um and
why people got into the pest control
business in the first place because it's
really attractive industry i mean pest
control is a recurring
quarterly service with high margins and
um and lots of really effective sales
channels i was just
really attracted to the the industry
itself and learned a ton
made a lot of friends in it and then
my wife's a little bit younger than me
and when she was going to graduate from
byu we knew that we were going to move
away from utah
and somewhere new so i was kind of
planning like okay in april
of 2020 i'm going to be moving away from
utah and have to figure out what i'm
gonna do for work
since i can't be working at greenex pest
control anymore
and um
at that point i was you know for the
whole year before that the whole time
while i was
working at korenex i was thinking of
business opportunities and in ways that
i could kind of see like i was looking
for opportunities within the pest
control space or within the home
services space and or within
you know even the bank bonus space you
know just kind of finding
ways to to monetize and came across this
idea
where you know all of these pest control
companies
are paying hundreds of thousands or
millions of dollars for
inbound sales leads you know they're
having all these online campaigns to get
people to call in to sign up for their
service
but um the average consumer doesn't know
the difference between
you know general residential pest
control versus termite
pest control versus bed bug versus you
know raccoon trapping and other wildlife
and there's all these different you know
sub
services within pest control and a lot
of pest control companies don't
do every single type of service
so all of these companies are spending a
ton of money
to drive leads when you know anywhere
from four to ten percent of them
call in and they're unqualified like
they don't do the service that they
offer
and no one was you know monetizing those
calls even though they're you know
customers wanting to buy right there no
one was referring them or doing anything
with them
and the same thing when customers would
call in they say hey i'm a current happy
customer i'm moving to another market
um we'd say oh sorry we didn't service
there
it was great knowing you goodbye or
another time someone calls in hey i
really want to sign up but i live
you know in this city they say oh we
don't service that city sorry it's just
like all of these times like
paying for customers to call just to
tell them no
you know so i'm like okay well there's
got to be an opportunity here
so just how uh
the same kind of way that with the bank
bonuses i saw like oh this is something
people want and there's value here with
like the
the free money i guess um there's money
that's getting wasted i notice that
there's money getting wasted with people
calling in to all of these pest control
companies
that you know weren't being helped so
what i do full time now
is i have a company called baton like
past the baton
where pest control or other type of
companies can
anytime someone calls in and it's
unqualified they can refer that customer
to another company
and get paid for it right so they say
hello services area but let me refer you
to someone we don't do that service but
let me refer you to someone
and that's kind of what we're doing to
help them
help them take care of those customers
and monetize those those interactions a
little more
so still young but got customers
uh 2021's looking pretty promising and
that's uh that's what i'm that's what
i'm up to now devin well cool so
now if you're now if you're to look kind
of forward just a bit and say okay
next steps what do you what you have
planned where are you going to go
you know you got a few different ideas
you got the bit of the you know the
banking bonuses type business that you
know people are using and can get that
information a bit you've also say okay
i've got an idea as to
how we can monetize or take advantage of
the
leads that people are working hard to
drive and yet aren't able to service or
how you do that
where do you see the next six to twelve
months going
um man as an entrepreneur you
it's like you have this vision but you
never know what could come up right
um basically i
just wanna grow my referral network and
the pest control vertical
to cover every service across the whole
country and just have a really robust
network of companies that you could that
any company can just jump into my
network
and refer to anywhere right
and then later this fall once he really
nailed the network and the processes
invest heavily in just getting people in
and
growing the heck out of it but for the
next probably six months to
12 months it's all about just dialing in
the processes and gathering data
and making our first customers happy
before we you know
take that a solid brand and business
model and just
ramp it up and then secondly i'm looking
into
um the lawyer space too i feel like
lawyers refer customers to each other
all the time
and there's sometimes that lawyers don't
know who they don't know someone in
their network or they can refer to in
the moment
and i know lawyers pay a ton of money
for leads so
maybe there's an opportunity there but i
don't know yet
but um if i if this pest control stuff
goes well maybe i'll
dig into the law sector i don't know
cool well
sounds like a lot of different
opportunities a lot of directions that
you can take and
grow the businesses and expand into
different verticals so
well as we start to wrap up the podcast
and i always ask two questions at the
end of each podcast so we'll jump to
those now
so the first question is so along your
journey what was the worst business
decision you ever made and what did you
learn from it
oh man the worst one i ever made
um i haven't done anything to high
stakes yet
but probably the worst business decision
i made would have been when we launched
every bank bonus
to reddit we were just like super not
optimized and i probably missed out on
building a mailing list
well i didn't i didn't ask anybody for
their emails so we had like
15 or 20 000 hits right away when we
launched this thing and i didn't capture
anybody's email address and looking back
like the growth ever since then has been
like super
you know kind of slow but i feel like
had i
done some had i just thought a little
more
um i feel like every bank bonus would be
probably two or three
times the traffic or size it is had been
a little more
you know methodical about how we
launched um
i just think it was kind of poor but it
all worked out in the end but that was
probably the biggest thing i missed out
on was
but the opportunity cost of that
no i think that you know that's but it's
an easy one you're just saying hey
it's cool it's exciting i think people
will like it and you don't necessarily
think of now how do i monetize it or how
do i capture people or how do i
leverage people coming to the site so i
think it's a good lesson to learn of you
know one thing i learned
as we brought on some marketing people
is always kind of have a call to action
right something that you want somebody
to do
and i think to your point is you know
one of the things is to capture that
information
such that you're able to provide other
services or give them notifications or
updates or anything else of that nature
second question i always ask is so along
or if you're now talking to someone
that's just getting into a startup or
small business
what would be the one piece of advice
you'd give them i just
say start now do something
um the the worst thing you can do when
you're trying to start a business
is just you know be all in your head and
doubting and feel like there's
some big barrier to entry to do it
like if you have a business idea do the
smallest possible next step
um towards it just right away if you
think that
you want to start like a new social
network or something um
for i don't know dog lovers or whatever
call up five of your friends who love
dogs and ask them
what could be better about the social
networks they use
if you you know have an idea for
you know like like i say i want to get
into lawyers or something with
referrals maybe i should call up a bunch
of lawyers and ask them who could
help them out but just like you really
don't need money or some big thing to
start a business and it's usually just
one step at a time like if you have an
idea
just do something do something
right now about it all right well fair
enough well i think that's great advice
and it's honestly in different forms i
think that's the the mo
the most common advice that
entrepreneurs have to other people if
you're talking to someone saying get
going
figure it out don't worry about it don't
be afraid and those type things because
you'll always you'll you'll either find
you love it you'll have opportunities
you'll create it
or you'll say hey this isn't a good idea
and you'll move on and and whatnot but i
think getting just getting going
is oftentimes the best place to start
well as
p as we wrap up people want to reach out
to you they want to find out more they
want to
use your you know either of your uh
companies they want to be clients they
want to be investors they want to be
employees they want to be your next best
friend and you're all the above
what's the best way to uh reach out and
connect up with you
totally uh you can send me an email at
phil
bataanleads.com batonic b-a-t-o-n
leads.com um that's probably the best
way
or you can uh hit me up on facebook phil
kirkheimer i'm the only phil kerkhein on
all facebook
so hit me up all right hey well that
that's a
that's something in and of itself to be
the only one or on facebook with all of
us users so there you go
well we're at before we wrap up we do
have the bonus question that phil has um
to ask
his top intellectual property questions
so for all of your listeners if you want
us
to stick around listen after we wrap up
definitely can hear that question and
that answer
otherwise if you uh for the normal
podcast listeners
if you have uh if you have your own
journey to tell and you want to come on
and be a guest on the podcast
feel free to go to inventiveguest.com
apply to be on the show
if your listener also make one make sure
to click subscribe on wherever you
listen the podcast
and two leave us a review so new people
can find out about the great podcast
last but not least if you have any uh
needs for patents or trademarks or
anything
reach out to us by going to
strategymeeting.com and we're always
here to help
thank you again phil if you'll hold on
and uh appreciate you coming on
now i'm super happy for thank you
absolutely so now now that we've wrapped
up the normal podcast you indicated that
you were
had or want to do the bonus question
which is asking your top intellectual
property whether it's patents trademarks
or other things asking your top question
and we'll have a quick conversation
about that so
with that i'll i'll turn it over to you
that you get asked me a question i i
don't get a pet for you with any more
questions
but what's your top intellectual
property question
yeah sure um i don't know i mean
my none of my businesses have some sort
of like
really cool new invention right they
don't have
um i didn't reinvent the wheel for
anything that i
would think to patent but um
for example my name of the company is
baton
and you know it's a pretty common word i
mean is it
worth something that i should trademark
it right away
and if so then how and or like even for
every bank bonus i mean
i don't expect a lot of people to use
every bank bonus but like do i need to
trademark that or what's what's the risk
there
yeah so i think the the the general
genesis of the question or
the way i'd answer the question is when
you're looking at whether or not it's
your trademark something so trademarks
go towards a brand right so if you think
of
nike you're thinking of apple you're
thinking pepsi coke eminem starbucks
whatever it is
there's a lot of different brands out
there and they have a lot of their value
tied up in the brand and so
when you're looking at intellectual
property in general including trademarks
it's really where do you see the value
of your business meaning
are you trying to create you know the
world's best widget and if that's the
case you're going to go more towards a
patent you're going to
if you're going to create the next great
iphone or whatever it might be then
you'll patent it because that's the
value of the business
but on the other hand you're saying what
i'm really looking to do is build a
brand around this business so
when people are looking for leads they
go to you know and they're in the pest
control business or if you scratch into
the legal business
then they're saying okay we go to the
baton leads because they're a great lead
generation place
and if you're saying that's where we're
going to value the businesses then
you're going to want to protect it so
that other people don't use it start
using the same name or similar names
and start to leverage off or try and
play off of your
uh your brand name so that's generally
you know whether or not you should go to
get a
trademark or any intellectual property
is really saying how we're what are we
doing to
or is our business and if it's in the
brand or branding space and you're
wanting to make sure that you
as you grow the brand that you haven't
protected that's when you jump onto and
vice versa
if you're saying no it's we're gonna
there's a whole bunch of companies and
we're going to just
beat them on you know seo so we'll just
make sure we're the top ranked one and
we don't care about
you know branding and somebody else has
the same brand they're not going to beat
us on
search engine optimization then it's
probably less important so that's kind
of how i would start to tackle it is
depending on if you have if you're
seeing that either the plan
either you have value now and you have
customers they're starting to associate
with the brand
or that's a plan for where you're going
to build a value into the business then
you'd
definitely want to look at getting it uh
protecting that brand given that that's
where the value is
cool is it ever too late to protect it
um
usually if it's too late it's because
somebody else is already protected
meaning
one is let's say you started to build a
brand and either by happenstance or
because somebody liked your brand they
said they went and filed it first well
then
generally it's much more difficult if
somebody else goes and files the
trademark first
for you to be able to get a brand on it
yourself so let's say baton leads
takes off has a million clients you know
million customers
hundreds of millions of dollars in
revenue as an example and hopefully it
does someday
but but you never register the trademark
and somebody else comes and registers a
trademark
then what can happen is is that they can
start to box you out of
places across the u.s so let's say as an
example baton leads
only focused on utah and that was a
place that it was going to
generate all the leads that's where i
had all the connections but now
and so you never register that you keep
using in utah and somebody else goes and
uh files a trademark for the federal
registration for baton leads
if they were to get that file on it
first to get the trademark you can keep
using that same trademark in utah
because that's where you've already been
using it
but you can expand out so you can't go
to any other states you couldn't
grow the business and you're kind of
stuck there because you don't have the
rights to that name
for anything outside of where you're
using it prior to somebody else filing
on it so
that's one of the things is sometimes
being too late if somebody else files on
it first
the other thing is that if you um
you don't want to get into it to where
you built if somebody else let's say it
already filed on matanle so un
unbeknownst to you somebody else already
owns that name they've already filed on
it they already have a trademark
and then you start building a brand a
brand on it and then you go years build
a brand everybody knows it it's very
it's a
well-known brand and some then they come
along and say well you don't own it and
now you're infringing our
rights to our trademark then you have to
rebrand your whole you'll have to
rebrand your business or you have to
work at a deal or licensing from them
all of which can be very costly and time
intensive in order to try and rebrand or
to
pay them off or acquire their brand and
so those are kind of the two times as
you know
when is it too late well if somebody
else is already trademarked and it can
be difficult
or somebody else because either by
happenstance or because they like your
brand trademarks at first
those are both issues where it can be
too late and create some issues
that make sense that's why there's
lawyers like you go out and
make sure there's no problems that
that's that's the mission or that's the
goal so
well perfect we'll appreciate the bonus
question great question and if anybody
else has any other if you have you or
anybody else ever has any other
questions feel free to go to
strategymeeting.com
grab some time for us to chat with us
we're always happy to help now as we
wrap up the podcast want to thank you
again phil for coming on it's been a
pleasure it's been fun
and wish the next leg of your journey
even better than the last
awesome yeah thank you very much devon
i'm super grateful for the opportunity
it's good that it was good to talk my
pleasure
thank youlike if you have a business idea do the
smallest possible
next step um towards it just
right away if you think that you want to
start like a new social network or
something
um for i don't know dog lovers or
whatever
call up five of your friends who love
dogs and ask them what could be better
about the social networks they use or
if you you know have an idea for
you know like like i say i want to get
into lawyers or something with referrals
maybe i should call up a bunch of
lawyers and ask them we can help them
out but just
like you really don't need money or some
big thing to start a business and it's
usually just one step at a time like if
you have an idea
just do something do something
right now about it
[Music]
hey everyone this is devin miller here
with another episode of the inventive
journey i'm your host devin miller the
serial entrepreneur that's i've grown
several startups in the seven eight
figure businesses as well as the founder
and ceo of miller ip law
where we help startups and small
businesses with their patents and
trademarks
if you ever need help with yours just go
to strategymeeting.com
and grab some time with us to chat now
today we have another great guest on the
podcast
phil kirkheiner and uh phil is um
so originally he was in high school was
very involved with
uh i think drumline is and was hardcore
into bands
and was wanting to be a drummer um even
made i think his own dance dance
revolution step charts for his music
and did that for a period of time got a
scholarship
for drumline to byu and on the first day
that he was at byu
felt like music wasn't what he was meant
to do or wasn't what he was going to go
into so gave the scholarship back
decided to go into an accounting instead
and then worked for an entrepreneur for
a bit of time and
sounds like that was it was an
interesting entrepreneur maybe we'll
share a little bit on that
um got the accounting degree didn't like
his internships
did a bit of door-to-door sales during
the summer and then
started a couple side hustles i think
that have started to grow into
a bit more of a business that is uh
working as well as doing a couple other
things so
with that much is an introduction
welcome on the podcast phil
hey thanks a lot devin happy to happy to
be here
it was fun to hear you tell me that
story back to myself was like oh wow
i've had a life that's right yeah you've
been impressed you've had an impressive
life so
so maybe taking us back a little bit in
time to high school kind of doing
drumline being in band and then how that
how cut or take us through your story a
bit
yeah sure um well
i consider myself a creative person i
mean i'm not a painter or an artist
necessarily but
i really enjoyed playing drums and and
writing songs and
you know creating things and
you know i've always kind of had that
with me even when i was studying
accounting in school i mean i thought
accounting was just a safe career path
but it got really boring really fast
because
i wasn't really creating anything um
but that's kind of why i've been drawn
to entrepreneurship because you can take
the business and the numbers side of
things and create something
in a way that makes money a lot more
money than i could have made doing music
so um so yeah
so so you did that drumline you were
talented you you know thought that was
fun and exciting you did that throughout
high school and you're
obviously good enough to get to the byu
and you know that's a compliment
accomplishment in and of itself is to to
be at that level that they're willing to
give you a scholarship and
to bring or bring you there but then
walk us through a little bit because i
think when we chatted before
you got to byu or brigham young
university and kind of the first day you
just didn't feel good about the drumline
or what kind of made you
decide to switch from doing more of the
drumline to doing going into accounting
yeah totally um i don't know
i mean it was one of those things where
i really enjoyed
drumline and music and maybe part of me
was afraid that
if i made that exclusively what i did
for my career
that i wouldn't enjoy it as much anymore
and you know i liked all of my other
classes in school
and i was interested in a whole lot of
things and um
i don't know it was just one of those
things where i maybe i was scared
or maybe i thought that i wouldn't make
that much money doing it but ultimately
i just didn't want to pigeonhole myself
into
into that one thing but it was scary man
i mean
um i mean my teachers from high school
and then
you know all of the professors in the
music school and then my parents and all
my friends and everyone kind of knew me
as the drumline guy
and uh i guess i was kind of feeding off
of their
you know encouragement from it and i
really enjoyed drumline but
i guess in my heart i just feel like i i
didn't want to commit
a hundred percent to that and that alone
you know
so so now so you say okay you know
whether it's a bit scared or you're not
sure if you can make a crew out of it or
where
you'll be able to support yourself kind
of making that decision okay
while i you know i enjoy it and it's fun
and you know it's an exciting type of
thing i'm going to go in a bit different
direction
at that point how did you decide you
know that
um you know to go into accounting or to
make that pivot or kind of how did you
decide okay i'm going to do something
different
how did you decide what direction to go
yeah um well
um this guy that i worked for
my senior after my senior year of high
school i had a summer internship
working for this guy who got his
accounting degree and he was an
entrepreneur
and he ended up going to jail but
um he told me that
you know with an accounting degree you
can do anything because it's this hard
skill set and you understand the numbers
you can make the numbers work for you
um and i thought that was cool you know
your curiosity i know i'm interrupting
going to jail was it something to do
with accounting or a bezel league or
something of that nature or was it
unrelated
as to why you went to jail honestly i'm
still not
entirely sure what it was but it was
something fraud related
all right fair enough don't don't want
to name names and don't need to know but
i'm just curious
you could do anything you want to do
with accounting including in bezel buddy
that's the first thing that came to mind
so just was curious
but so anyway so he kind of you know
gave you that
you know feedback and gave you that a
bit of that direction that kind of sets
you on the
path to get an accounting degree is that
right yeah
and to be fair when i was on um i did a
two-year mission
for my church and i was in central
america when
he was going through all this stuff so
when i left on my mission it was kind of
deciding what i was going to do i was
already let had this impression
and it wasn't because he went to jail or
anything that i wanted to do this
but um so anyway um
i really enjoyed the numbers stuff and
um i thought it was really cool to make
it all work for you and just like
with drums i had to practice and get the
tools and the fundamentals down
before i could you know join and be a
part of a band and create
a song and um and make something really
cool i felt like understanding numbers
and accounting was all kind of the same
way if i really understood
how a business works and you know
reading the music i mean like reading
the
the language of business which is the
numbers like like reading music is for
drums and everything else i thought
that'd be pretty cool and it turned out
to be
really great i mean even now when i
think of business ideas i
um i can think of them you know in terms
of like
the actual dollar signs and how
everything would work rather than just
thinking this would be so
cool you know sure um
i think it's been an advantage i might
have lost track of your question what it
was just a minute ago but
no you're good and i think he answered
the question so now you're saying okay
so
you got the accounting you know you
switched from drumline to accounting
degree
you had you know the mentor that while
he may have he gave you good advice even
if he didn't necessarily
uh keep or take his own advice so to
speak and you get the accounting
agreement but i think you me
if i remember when we chatted a bit
before the podcast is that you also
um you kind of did some internships in
accounting and decided that
while you know while it's maybe a good
career path it wasn't one that you
found exciting or wasn't one that you
decided you wanted to do as a career
path is that about right
yeah um exactly i mean public accounting
you know look for the companies that you
know audit the financial statements of
um corporations everywhere there's kind
of this
corporate grind culture where you work
long hours and
you're up late and there's this busy
season it's just
going going going and all you're really
doing it felt like
it's just checking boxes to make sure
someone else did things right i didn't
feel like there was any sort of creative
juices behind it
beyond like literally just getting paid
to work really hard so that somebody
could put
like at the end of the day no matter how
hard you worked or no matter how great
you did
all all the all the work just gets put
like a stamp
you know on the company that's all it is
and um
i didn't really get a lot of fulfillment
out of that and
so i said i don't really want to do this
but i'm at the same time i was super
jealous of everybody who really enjoyed
it because
if you're good at accounting and you
like it you'll always have a job
and it's very very predictable you know
you know you get your
an accountant and then your controller
then you could be a cfo and then
whatever else and it's just like
very predictable and that's what
traditional accountants like but
um it's not what i was
super attracted to part of the hours
probably got to me as well i just didn't
like working 70 hours for
so now as you're so you know you kind of
made a transition a couple times right
one was from drumline
he did enjoy but didn't have the you
know didn't necessarily
maybe a bit worried or didn't know how
that would work with the career and
whether or not it would ruin the fun of
it so to speak
and so you say okay i'm going to go into
accounting and while you could do
accounting you don't kind of have that
same excitement or that same level of
fulfillment so with those type kind of
things playing how did you kind of
figure out what you wanted to do or
where did you go to from there
yeah um so from there i figured
okay well well i guess i should say i
didn't really do anything super
consciously after my accounting
internships it was more like
i need money because i'm getting married
this summer so what can i do to make a
lot of money okay well i'm gonna
do door-to-door pest control sales um
because my buddies say i can make a lot
of money who knows if it's a scam or not
like it sounds too good to be true you
can make you know 30 to 70 000
in the summer but i mean i think i'm a
nice enough guy i mean i'm sure i can
sell something to these people
and uh i actually had a really great
time i
was out knocking doors i was working
just as many or more hours
than i was at deloitte but i was out
knocking doors outside talking to people
all the time
getting rejected most of the time
you know people don't like their door
being knocked and being sold something
but
i made way more money doing that in less
time
than i was getting paid overtime at
deloitte even
um with my internship in accounting i
said okay well
this is clearly a sign if i like getting
doors slammed in my face and i'm better
at this than
than the accounting stuff then maybe i
should do something that's um
you know sales related or business
related and kind of combine my
my talents and do something like that
and so you so then you went in did that
for a period of time
um you know it was realizing that hey
this is i need some money i'm getting
you know
married got support you know gotta have
an income and those type of things
but then how did you i think that if we
i remember you kind of
at the same time you had an experience
with opening bank accounts and looking
at
bonuses and how that might work and kind
of that it started as
in parallel to some of the other things
you're doing and that's where you
started to have interest or focus on or
um transition to yep um
so around this time um i
got connected with some of my accounting
friends who are opening up
bank accounts very often and i had no
idea why
and uh i asked him it's like hey why do
you have so many bank accounts why are
you always calling banks or you give
money troubles they can use some help
and they said no i'm we're actually
calling and opening all these
bank accounts into different banks to
you know get the sign up bonuses you
know you
set up you open an account you set up
your direct deposit you get 200 bucks
and uh that's it that's the whole thing
and tons and tons of banks are doing it
so it said oh this is really cool
and i was a college student you know i
was just an accounting intern
between semesters and i said okay well
i'm gonna
do this so every single week of my whole
12-week internship i
moved my money into different banks with
my paycheck
and made like 1500 bucks and i used it
to fly back to central america where i
did my mission
i used it to go to southern california
for
some skating convention you know some
like skating meetups and stuff
and i thought it was so cool that i
could just have this free kind of money
and that was kind of my first experience
with entrepreneurship
i guess i could say you know just
finding an opportunity and taking
advantage of it
and so i got back from school
um after one of my accounting
internships and then i kind of put
together the spreadsheet of
every single bank account offer that was
being promoted by banks and how much the
bonus was and where you needed to live
and all the requirements
and then i would tell my buddies about
it at byu because byu's got people from
all over the country right i mean people
come there from every state um
you know because it's a church sponsored
school so there's church members
everywhere and
um so i would filter my spreadsheet to
my friends you know states and how much
money they made and i just send off a
whole bunch of copies of these
spreadsheets everywhere
um until eventually my buddies like hey
you know this is pretty cool you should
make a website out of it
so while i was at still school my friend
matt
and i we kind of took all this data that
we were collecting in spreadsheets and
prototyped out a website where you could
go to it and right now now it's called
everybankbonus.com
and you can just go to the website you
can put in where you live how much money
you make how much you have money have
saved
and you can find all of the bank account
sign up bonuses on there
anywhere they're worth anywhere from a
thousand dollars to 50
each and you can just take advantage i
mean if you go right now you could
probably search your state and find
there's
ten thousand dollars worth of free bank
sign up bonuses wherever
in pretty much any state um
and it's been awesome we have a we
we kind of built it out in school and
then finished it up as part of a
capstone project and
launched it to reddit and especially
right now with current events i mean
reddit can love something and
really rally around it or not maybe we
can see how the gamestop
stock's going crazy today but um in a
very
much smaller form uh this reddit group
rallied around our website and has
really been loving it for the past few
years and that was like my first
really cool success with
entrepreneurship even if it was just
really small
i really that got me going for sure
so and so now in in you know i i leave
it up to the the starving college
students so to speak to figure out how
to gain the system
as far as that to take advantage of the
the bank bonus but i think that that's
an engineered
in ingenuitive way to making some extra
side money or to be able to do a couple
extra things
so now as you kind of say okay you know
this is one where
you know there's a bit of demand friends
are asking for it i'll do something
there
now is this going was the intent to make
this kind of just a fun or side hubby
side our hobby or side hustle is it
something that you're looking to grow
and kind of what are you doing in the
meantime or in addition to that is it a
full-time gig and you're making you
figured out how to monetize it
is it a hobby and you're working a
full-time gig elsewhere or how does that
work out
yeah uh so every bank bonus um is
definitely a side hustle
it doesn't take much time to manage we
have i mean there's four of us
that were in a group together that kind
of put it together and now we all have
full-time things that we do on the side
and just spend a few hours a week
making sure the content's up to date
making sure that we're adding you know
features that people ask for and whatnot
and it generates enough money that it's
worth it to us
and it can be sustainable so that's been
really fun and since then you know after
i graduated and decided i didn't want to
go into accounting
um i did work for about a year and a
half for the pest control company that
i was selling door-to-door for i worked
for them as a financial analyst
after i graduated and at that point
after having sold all the products then
i got to kind of see the back end of how
you know all the operations worked to
to service all of the pest control
customers and
i saw exactly the finances and um and
why people got into the pest control
business in the first place because it's
really attractive industry i mean pest
control is a recurring
quarterly service with high margins and
um and lots of really effective sales
channels i was just
really attracted to the the industry
itself and learned a ton
made a lot of friends in it and then
my wife's a little bit younger than me
and when she was going to graduate from
byu we knew that we were going to move
away from utah
and somewhere new so i was kind of
planning like okay in april
of 2020 i'm going to be moving away from
utah and have to figure out what i'm
gonna do for work
since i can't be working at greenex pest
control anymore
and um
at that point i was you know for the
whole year before that the whole time
while i was
working at korenex i was thinking of
business opportunities and in ways that
i could kind of see like i was looking
for opportunities within the pest
control space or within the home
services space and or within
you know even the bank bonus space you
know just kind of finding
ways to to monetize and came across this
idea
where you know all of these pest control
companies
are paying hundreds of thousands or
millions of dollars for
inbound sales leads you know they're
having all these online campaigns to get
people to call in to sign up for their
service
but um the average consumer doesn't know
the difference between
you know general residential pest
control versus termite
pest control versus bed bug versus you
know raccoon trapping and other wildlife
and there's all these different you know
sub
services within pest control and a lot
of pest control companies don't
do every single type of service
so all of these companies are spending a
ton of money
to drive leads when you know anywhere
from four to ten percent of them
call in and they're unqualified like
they don't do the service that they
offer
and no one was you know monetizing those
calls even though they're you know
customers wanting to buy right there no
one was referring them or doing anything
with them
and the same thing when customers would
call in they say hey i'm a current happy
customer i'm moving to another market
um we'd say oh sorry we didn't service
there
it was great knowing you goodbye or
another time someone calls in hey i
really want to sign up but i live
you know in this city they say oh we
don't service that city sorry it's just
like all of these times like
paying for customers to call just to
tell them no
you know so i'm like okay well there's
got to be an opportunity here
so just how uh
the same kind of way that with the bank
bonuses i saw like oh this is something
people want and there's value here with
like the
the free money i guess um there's money
that's getting wasted i notice that
there's money getting wasted with people
calling in to all of these pest control
companies
that you know weren't being helped so
what i do full time now
is i have a company called baton like
past the baton
where pest control or other type of
companies can
anytime someone calls in and it's
unqualified they can refer that customer
to another company
and get paid for it right so they say
hello services area but let me refer you
to someone we don't do that service but
let me refer you to someone
and that's kind of what we're doing to
help them
help them take care of those customers
and monetize those those interactions a
little more
so still young but got customers
uh 2021's looking pretty promising and
that's uh that's what i'm that's what
i'm up to now devin well cool so
now if you're now if you're to look kind
of forward just a bit and say okay
next steps what do you what you have
planned where are you going to go
you know you got a few different ideas
you got the bit of the you know the
banking bonuses type business that you
know people are using and can get that
information a bit you've also say okay
i've got an idea as to
how we can monetize or take advantage of
the
leads that people are working hard to
drive and yet aren't able to service or
how you do that
where do you see the next six to twelve
months going
um man as an entrepreneur you
it's like you have this vision but you
never know what could come up right
um basically i
just wanna grow my referral network and
the pest control vertical
to cover every service across the whole
country and just have a really robust
network of companies that you could that
any company can just jump into my
network
and refer to anywhere right
and then later this fall once he really
nailed the network and the processes
invest heavily in just getting people in
and
growing the heck out of it but for the
next probably six months to
12 months it's all about just dialing in
the processes and gathering data
and making our first customers happy
before we you know
take that a solid brand and business
model and just
ramp it up and then secondly i'm looking
into
um the lawyer space too i feel like
lawyers refer customers to each other
all the time
and there's sometimes that lawyers don't
know who they don't know someone in
their network or they can refer to in
the moment
and i know lawyers pay a ton of money
for leads so
maybe there's an opportunity there but i
don't know yet
but um if i if this pest control stuff
goes well maybe i'll
dig into the law sector i don't know
cool well
sounds like a lot of different
opportunities a lot of directions that
you can take and
grow the businesses and expand into
different verticals so
well as we start to wrap up the podcast
and i always ask two questions at the
end of each podcast so we'll jump to
those now
so the first question is so along your
journey what was the worst business
decision you ever made and what did you
learn from it
oh man the worst one i ever made
um i haven't done anything to high
stakes yet
but probably the worst business decision
i made would have been when we launched
every bank bonus
to reddit we were just like super not
optimized and i probably missed out on
building a mailing list
well i didn't i didn't ask anybody for
their emails so we had like
15 or 20 000 hits right away when we
launched this thing and i didn't capture
anybody's email address and looking back
like the growth ever since then has been
like super
you know kind of slow but i feel like
had i
done some had i just thought a little
more
um i feel like every bank bonus would be
probably two or three
times the traffic or size it is had been
a little more
you know methodical about how we
launched um
i just think it was kind of poor but it
all worked out in the end but that was
probably the biggest thing i missed out
on was
but the opportunity cost of that
no i think that you know that's but it's
an easy one you're just saying hey
it's cool it's exciting i think people
will like it and you don't necessarily
think of now how do i monetize it or how
do i capture people or how do i
leverage people coming to the site so i
think it's a good lesson to learn of you
know one thing i learned
as we brought on some marketing people
is always kind of have a call to action
right something that you want somebody
to do
and i think to your point is you know
one of the things is to capture that
information
such that you're able to provide other
services or give them notifications or
updates or anything else of that nature
second question i always ask is so along
or if you're now talking to someone
that's just getting into a startup or
small business
what would be the one piece of advice
you'd give them i just
say start now do something
um the the worst thing you can do when
you're trying to start a business
is just you know be all in your head and
doubting and feel like there's
some big barrier to entry to do it
like if you have a business idea do the
smallest possible next step
um towards it just right away if you
think that
you want to start like a new social
network or something um
for i don't know dog lovers or whatever
call up five of your friends who love
dogs and ask them
what could be better about the social
networks they use
if you you know have an idea for
you know like like i say i want to get
into lawyers or something with
referrals maybe i should call up a bunch
of lawyers and ask them who could
help them out but just like you really
don't need money or some big thing to
start a business and it's usually just
one step at a time like if you have an
idea
just do something do something
right now about it all right well fair
enough well i think that's great advice
and it's honestly in different forms i
think that's the the mo
the most common advice that
entrepreneurs have to other people if
you're talking to someone saying get
going
figure it out don't worry about it don't
be afraid and those type things because
you'll always you'll you'll either find
you love it you'll have opportunities
you'll create it
or you'll say hey this isn't a good idea
and you'll move on and and whatnot but i
think getting just getting going
is oftentimes the best place to start
well as
p as we wrap up people want to reach out
to you they want to find out more they
want to
use your you know either of your uh
companies they want to be clients they
want to be investors they want to be
employees they want to be your next best
friend and you're all the above
what's the best way to uh reach out and
connect up with you
totally uh you can send me an email at
phil
bataanleads.com batonic b-a-t-o-n
leads.com um that's probably the best
way
or you can uh hit me up on facebook phil
kirkheimer i'm the only phil kerkhein on
all facebook
so hit me up all right hey well that
that's a
that's something in and of itself to be
the only one or on facebook with all of
us users so there you go
well we're at before we wrap up we do
have the bonus question that phil has um
to ask
his top intellectual property questions
so for all of your listeners if you want
us
to stick around listen after we wrap up
definitely can hear that question and
that answer
otherwise if you uh for the normal
podcast listeners
if you have uh if you have your own
journey to tell and you want to come on
and be a guest on the podcast
feel free to go to inventiveguest.com
apply to be on the show
if your listener also make one make sure
to click subscribe on wherever you
listen the podcast
and two leave us a review so new people
can find out about the great podcast
last but not least if you have any uh
needs for patents or trademarks or
anything
reach out to us by going to
strategymeeting.com and we're always
here to help
thank you again phil if you'll hold on
and uh appreciate you coming on
now i'm super happy for thank you
absolutely so now now that we've wrapped
up the normal podcast you indicated that
you were
had or want to do the bonus question
which is asking your top intellectual
property whether it's patents trademarks
or other things asking your top question
and we'll have a quick conversation
about that so
with that i'll i'll turn it over to you
that you get asked me a question i i
don't get a pet for you with any more
questions
but what's your top intellectual
property question
yeah sure um i don't know i mean
my none of my businesses have some sort
of like
really cool new invention right they
don't have
um i didn't reinvent the wheel for
anything that i
would think to patent but um
for example my name of the company is
baton
and you know it's a pretty common word i
mean is it
worth something that i should trademark
it right away
and if so then how and or like even for
every bank bonus i mean
i don't expect a lot of people to use
every bank bonus but like do i need to
trademark that or what's what's the risk
there
yeah so i think the the the general
genesis of the question or
the way i'd answer the question is when
you're looking at whether or not it's
your trademark something so trademarks
go towards a brand right so if you think
of
nike you're thinking of apple you're
thinking pepsi coke eminem starbucks
whatever it is
there's a lot of different brands out
there and they have a lot of their value
tied up in the brand and so
when you're looking at intellectual
property in general including trademarks
it's really where do you see the value
of your business meaning
are you trying to create you know the
world's best widget and if that's the
case you're going to go more towards a
patent you're going to
if you're going to create the next great
iphone or whatever it might be then
you'll patent it because that's the
value of the business
but on the other hand you're saying what
i'm really looking to do is build a
brand around this business so
when people are looking for leads they
go to you know and they're in the pest
control business or if you scratch into
the legal business
then they're saying okay we go to the
baton leads because they're a great lead
generation place
and if you're saying that's where we're
going to value the businesses then
you're going to want to protect it so
that other people don't use it start
using the same name or similar names
and start to leverage off or try and
play off of your
uh your brand name so that's generally
you know whether or not you should go to
get a
trademark or any intellectual property
is really saying how we're what are we
doing to
or is our business and if it's in the
brand or branding space and you're
wanting to make sure that you
as you grow the brand that you haven't
protected that's when you jump onto and
vice versa
if you're saying no it's we're gonna
there's a whole bunch of companies and
we're going to just
beat them on you know seo so we'll just
make sure we're the top ranked one and
we don't care about
you know branding and somebody else has
the same brand they're not going to beat
us on
search engine optimization then it's
probably less important so that's kind
of how i would start to tackle it is
depending on if you have if you're
seeing that either the plan
either you have value now and you have
customers they're starting to associate
with the brand
or that's a plan for where you're going
to build a value into the business then
you'd
definitely want to look at getting it uh
protecting that brand given that that's
where the value is
cool is it ever too late to protect it
um
usually if it's too late it's because
somebody else is already protected
meaning
one is let's say you started to build a
brand and either by happenstance or
because somebody liked your brand they
said they went and filed it first well
then
generally it's much more difficult if
somebody else goes and files the
trademark first
for you to be able to get a brand on it
yourself so let's say baton leads
takes off has a million clients you know
million customers
hundreds of millions of dollars in
revenue as an example and hopefully it
does someday
but but you never register the trademark
and somebody else comes and registers a
trademark
then what can happen is is that they can
start to box you out of
places across the u.s so let's say as an
example baton leads
only focused on utah and that was a
place that it was going to
generate all the leads that's where i
had all the connections but now
and so you never register that you keep
using in utah and somebody else goes and
uh files a trademark for the federal
registration for baton leads
if they were to get that file on it
first to get the trademark you can keep
using that same trademark in utah
because that's where you've already been
using it
but you can expand out so you can't go
to any other states you couldn't
grow the business and you're kind of
stuck there because you don't have the
rights to that name
for anything outside of where you're
using it prior to somebody else filing
on it so
that's one of the things is sometimes
being too late if somebody else files on
it first
the other thing is that if you um
you don't want to get into it to where
you built if somebody else let's say it
already filed on matanle so un
unbeknownst to you somebody else already
owns that name they've already filed on
it they already have a trademark
and then you start building a brand a
brand on it and then you go years build
a brand everybody knows it it's very
it's a
well-known brand and some then they come
along and say well you don't own it and
now you're infringing our
rights to our trademark then you have to
rebrand your whole you'll have to
rebrand your business or you have to
work at a deal or licensing from them
all of which can be very costly and time
intensive in order to try and rebrand or
to
pay them off or acquire their brand and
so those are kind of the two times as
you know
when is it too late well if somebody
else is already trademarked and it can
be difficult
or somebody else because either by
happenstance or because they like your
brand trademarks at first
those are both issues where it can be
too late and create some issues
that make sense that's why there's
lawyers like you go out and
make sure there's no problems that
that's that's the mission or that's the
goal so
well perfect we'll appreciate the bonus
question great question and if anybody
else has any other if you have you or
anybody else ever has any other
questions feel free to go to
strategymeeting.com
grab some time for us to chat with us
we're always happy to help now as we
wrap up the podcast want to thank you
again phil for coming on it's been a
pleasure it's been fun
and wish the next leg of your journey
even better than the last
awesome yeah thank you very much devon
i'm super grateful for the opportunity
it's good that it was good to talk my
pleasure
thank you