Wednesday, July 11, 2018

Sparkling Water At The Beach + Trademarks...


Trademarks at the beach...  Today's featured trademark is a can of SIMPLY BALANCED® black cherry sparking water, ironically and simply balanced in the steady hand of a local beach lifeguard at Will Rogers State Beach, in Pacific Palisades, Calif.

Turns out that SIMPLY BALANCED® is an in-house brand for both food and beverages owned by Target Brands, Inc. which operates the national chain of TARGET® stores.

A cursory search of the TESS trademark database at the USPTO shows at least two trademark registrations covering sparkling water in International Class 32.  One is in standard character format and another is in stylized format for the following design (which is also featured in use in the above photo):


-----

One commentator recently opined that this TARGET® in-house brand is already cutting into the profit of industry sparkling water leader LA CROIX®.

Target started selling a line of flavored sparkling water through its in-house brand, Simply Balanced, a couple years ago."

x-ref:  https://www.delish.com/food-news/news/a53564/target-sparkling-water/
 
=====

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Friday, May 25, 2018

#INTA2018 SEATTLE: #Donuts and #Trademarks




#INTA2018 in Seattle, WA, was not just about #Trademarks and #MCLE credits and #Meetings with associates/clients. It was also an opportunity to conduct R&D on Donut Trademarks...

Friday, May 18:

After a mid day visit to #MOPOP (aka, the Museum of Popular Culture) at the Seattle Center... my next stop was TOP POT DOUGHNUTS®, which also happens to be a U.S. Federally registered service mark:


The classic Glazed Ring Donut with a cup of coffee below...


*** Trademarks include:

TOP POT®, in Class #30 for Bakery goods; coffee; tea; pastry; doughnuts.

TOP POT HAND FORGED DOUGHNUTS® (stylized) in bakery goods, coffee, doughnuts, pasty [, and tea]. 



Saturday, May 19:

The next morning on my way to the Convention Center from my hotel, I "just happened" along famed Seattle Donutery, MIGHTY-O DONUTS®...  The #sustainable #organic choice in donuts in Seattle!... and it is also registered with the USPTO.

The choice in donut below is the Award winning as best donut in Seattle, the Nutty French Toast!...


Sunday, May 20:

Sunday morning I stopped by again but this time I wore a vintage felt hat that I bought at a resale shop in downtown Seattle the previous evening...  Sorry, no label inside this beautiful hat so the jury is out on the brand name and trademark...

Donut:  Chocolate/Peanut Butter, below:


Monday, May 21:

Another nutty French Toast donut this morning... because it was so good!


*** Trademarks Include:

MIGHTY-O DONUTS® (stylized) in Class #21 for mugs and Class #35 for retail store services featuring organic donuts, coffee, mugs and t-shirts.



---

That evening, as an aside, I was asked if I would like Fries with my pizza at the E-Trademarks ListServ Reception... to which I responded, Why Yes, Thanks!...


Tuesday, May 22:

Chocolate Peanut and Chocolate Glaze and Chocolate Filling... along with a Mighty-O Donuts sticker and a cameo featuring some INTA swag in the form of a handy coin purse promoting the UNREAL campaign which focuses attention on #counterfeiting...


Wed., May 23:

The final day of #INTA2018... begins in the morning, once again, at MIGHTY-O DONUTS®:


Today, I tried something new as it was the last day... so I ordered the JELLY-O, a classic jelly donut filled with raspberry jelly.


Later that day in the afternoon after lunch and before the Grand Finale event at the Space Needle, I had to stop by again to the Holy Grail of Seattle Donuts, namely, TOP POT DOUGHNUTS®:





=====

Six additional pounds later, there will be no more donuts had by the undersigned until the First Friday in June... which is, of course, National Donut Day...

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com
Santa Monica, Calif.

***   ***   ***

Tuesday, May 08, 2018

Computer App as Trademark...


If you use a smartphone or a tablet, you know that there are thousands of apps that are available to expand the utility of these mobile devices.  Each app has a name that identifies it. In many cases, the owners of these apps also seek trademark registrations to protect these names.  Here is one example:

Word Mark ETHIQ
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer application software for mobile phones, namely, software for utilizing consumer-supplied data entries to provide insight about the specific merchants whose spending patterns are most consistent with the values of that consumer; Computer application software for electronic devices, namely, software for utilizing consumer-supplied data entries to provide insight about the specific merchants whose spending patterns are most consistent with the values of that consumer; Computer software for wireless content delivery; Computer software that allows people or organizations to create a voting event, vote on the issue, change their vote at will and track the input and display it in a unique graphical way; Interactive game software. FIRST USE: 20150720. FIRST USE IN COMMERCE: 20150720
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86426898
Filing Date October 17, 2014
Current Basis 1A
Original Filing Basis 1B
Published for Opposition March 17, 2015
Registration Number 4852458
Registration Date November 10, 2015
(extract of USPTO "TESS" record)

In other words, the name of the app, as well as the trademark, is ETHIQ®.  As reported on May 8, 2018 in the Santa Monica Daily Press, per its owner, Darren Bates, "In essence, it's a dating app but instead of matching you with men and women, it matches you with businesses that match your values."

---

Another example of an app, and one that is certainly famous world-wide is INSTAGRAM. There are multiple U.S. Federal trademark and service mark registrations for this mark as both an app and as computer software. Here is just one registration:

Word Mark INSTAGRAM
Goods and Services IC 042. US 100 101. G & S: Providing use of online temporary non-downloadable software for enabling transmission of images and audiovisual and video content; hosting on-line web facilities as websites and mobile sites for others for managing and sharing on-line content; providing information from searchable indexes and databases of information; providing search engines for obtaining data via communications networks; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; computer services in the nature of customized web pages featuring user-defined or specified information in the nature of personal profiles, audio, video, photographic images, text, graphics and data. FIRST USE: 20101006. FIRST USE IN COMMERCE: 20101006
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85983853
Filing Date June 20, 2013
Current Basis 1A
Original Filing Basis 1B
Published for Opposition March 11, 2014
Registration Number 4856047
Registration Date November 17, 2015
Owner (REGISTRANT) Instagram, LLC LIMITED LIABILITY COMPANY DELAWARE 1601 Willow Road Menlo Park CALIFORNIA 94025

=====

The takeaway for all of us is that don't stop with naming your app.  Be sure you can register your name as a trademark.  Don't just adopt a name and not check to see if it is already being used by someone else for similar goods or services.

 Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Monday, April 16, 2018

#Sustainable Brand & Trademark Of The Day

WORLD CENTRIC® branded compostable product
Today's featured sustainable brand and trademark is WORLD CENTRIC®, which makes compostable and biodegradable plates, bowls, cups, cutlery, trash bags, etc.  The mission of this company "is to provide sustainable products for a better world. The watchwords of sustainability - reduce, reuse, recycle - direct us towards our ultimate goal of a zero waste economy."

This company owns at least two U.S. trademark registrations, as follows:


Word Mark WORLD CENTRIC FOR A BETTER WORLD
Goods and Services IC 008. US 023 028 044. G & S: Compostable and biodegradable cutlery, namely, knives, spoons, forks. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901IC 016. US 002 005 022 023 029 037 038 050. G & S: Compostable and biodegradable paper pulp-based to-go containers for food; Grocery bags; Lawn and leaf disposal bags; Trash bags; Trash can liners. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
IC 021. US 002 013 023 029 030 033 040 050. G & S: Compostable and biodegradable plates, bowls, cups and trays. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 01.07.01 - Globes with outlines of continents
02.11.07 - Arms; Fingers; Hands; Human hands, fingers, arms
26.11.16 - Rectangles touching or intersecting
26.11.21 - Rectangles that are completely or partially shaded
26.19.01 - Spheres (geometric)
Serial Number 85038956
Filing Date May 14, 2010
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 12, 2011
Registration Number 3984020
Registration Date June 28, 2011
Owner (REGISTRANT) World Centric CORPORATION CALIFORNIA 101 H Street, Suite M Petaluma CALIFORNIA 94952
Attorney of Record Tracy-Gene G. Durkin
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the words "WORLD", "CENTRIC", and the phrase "For a better world". A design is positioned between the two words "WORLD" and "CENTRIC", consisting of two intersecting rectangles overlaid by a depiction of two opposing arms and hands reaching for or towards a spherical representation of the earth.
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

and

Word Mark WORLD CENTRIC
Goods and Services IC 008. US 023 028 044. G & S: Compostable and biodegradable cutlery, namely, knives, spoons, forks. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901IC 016. US 002 005 022 023 029 037 038 050. G & S: Compostable and biodegradable paper pulp-based to-go containers for food; Grocery bags; Lawn and leaf disposal bags; Trash bags; Trash can liners. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
IC 021. US 002 013 023 029 030 033 040 050. G & S: Compostable and biodegradable plates, bowls, cups and trays. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85038952
Filing Date May 14, 2010
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 12, 2011
Registration Number 3984019
Registration Date June 28, 2011
Owner (REGISTRANT) World Centric CORPORATION CALIFORNIA 101 H Street, Suite M Petaluma CALIFORNIA 94952
Attorney of Record Tracy-Gene G. Durkin
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

===

I recently attended a sustainable technology conference and during the lunch break, the lunch boxes, including the containers and utensils provided, were WORLD CENTRIC® products (see photo above).  This is a terrific example of a company making a positive contribution for the planet and also acknowledging the importance of protecting their brand with trademark protection.


Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Thursday, April 12, 2018

#Ignite22 2018: Sustainable Brands


Dateline: Thursday, April 12, 2018, San Pedro, Calif., on the occasion of the 2nd annual #Ignite22 Sustainable Tech Conference.


Below are some of the Sustainable Brands featured:

I.  Addressing Food Insecurity

ASPIRE Food Group - raises food-grade crickets, a valuable source of protein, on a commercial scale.

•  Tiny Farms - "Tiny Farms is an agricultural technology company working to harness the natural efficiency of earth's most efficient livestock - insects." (source: www.tiny-farms.com).

•  Pasturebird - raising chickens while implementing regenerative farming methods. "Pastured Poultry = chickens that live outside in a natural habitat (on grass, in the fesh air and shunshine with plenty of space to roam and forage).  By rotating the chickens to fresh pasture every single day, Pasturebird chicken is not only healthy and delicious but also goes beyond sustainability to rebuild healthy, regenerative soils and grasslands." (Source: www.pasturebird.com).


II.  Harnessing Renewable Energy

•  TerViva™ - "... grows a hardy orchard crop called pongamia. We restore productivity to idle agricultural land while generating clean energy, supporting local food production, and restoring environmental health." (source:  www.terviva.com).

•  CalWave - harnesses the renewable power of ocean waves to product electricity and freshwater.

•  eWind - "eWind is developing a cost-effective airborne wind energy system (AWES) - a wind energy generation system that uses flying drones to access more consistent, reliable winds at higher altitudes than those reached by traditional wind turbines. The drones fly within the wind, pull on a tether, and turn a generator on the ground to produce electricity." (source: www.ewindsolutions.com).


III.  Other Sustainable Brands

•  MOXIE - a NASA Mars Project to produce oxygen from the carbon-dioxide (CO2) gas in the Martian atmosphere (source: www.mars.nasa.gov).

•   PingThings - a venture-backed software company that utilizes big-data softward and data science techniques to the utility industry (source: https://www.crunchbase.com/organization/pingthings)

•  FREDsense Technologies - water quality assessment technology. FRED stands for "Field Ready Electrochemical Detector).

•  AQUAM - cost effective wastewater treatment.

•  Marine BioEnergy - advocates open ocean kelp farms.  This is a very exciting concept that should be widely adopted throughout the world because kelp is one of the most important factors in removing carbon dioxide (CO2) in our atmosphere.  Kelp is also said to be a carbon-neutral energy source and is also reportedly being used in livestock feed blends for cows which reduces their methane production significantly.  (x-ref: https://spectrum.ieee.org/energywise/energy/renewables/robotic-kelp-farms-promise-an-ocean-full-of-carbon-neutral-low-cost-energy  and  http://www.thatsfarming.com/news/kelp-benefits-livestock).

=====

There are many solutions to addressing and lowering the current dangerous level of CO2 gas in Earth's atmosphere.  This conference highlighted many sustainable brands and business models that if implemented can lead to a drawing down of said CO2.  Drilling for oil on land and on the ocean is not the solution. Indeed, the use of fossil fuel as an energy source needs to be reduced significantly and the quicker the better.

p.s.  And here is some additional Good News in an article published today, April 12, 2018, with respect to algae-forestry and bio-energy with carbon capture being combined to remove carbon dioxide from Earth's atmosphere -  https://phys.org/news/2018-04-algae-forestry-bioenergy-co2-thin-air.html

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

***   ***   ***

Friday, April 06, 2018

#Hershey + #Sustainable = #WhoKnew?

Google Image Search Result; Hershey's is a trademark of the Hershey Company

Dateline: Wed., April 4, 2018, the Los Angeles Times reports via Bloomberg that "Hershey goes for cocoa sustainability".  Which is GREAT NEWS, indeed!

Here is what this means...

First off, Hershey Chocolate & Confectionary Corporation (aka, Hershey) is a HUGE company and the fact that they have adopted and are going to continue to adopt #sustainable policies is an excellent example of good corporate and brand citizenship.  Just this example is going to lead to other large companies undertaking similar measures.

In terms of this recent article, Hershey has established a program called "Cocoa for Good" which "will invest (the) funds though 2030 to support four key areas: nourishing children, empowering youth, building prosperous communities and preserving natural ecosystems." Goals include eliminating child labor and increasing shade-grown cocoa.

Doesn't this just make you want to go out and buy a Hershey bar!?...

HERSHEY'S® is, of course, a world famous trademark. It is the trademarks that protect this brand name from being copied or misused by others.

In the U.S., one of the earliest trademark registrations for Hershey's, in stylized format, is as follows:


Word Mark HERSHEY'S
Goods and Services IC 030. US 046. G & S: CHOCOLATE, COCOA, SWEET CHOCOLATE, MILK CHOCOLATE, CHOCOLATE COATINGS, CHOCOLATELIQUORS, AND CHOCOLATE POWDER. FIRST USE: 18940101. FIRST USE IN COMMERCE: 18940101
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 71016827
Filing Date February 8, 1906
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 24, 1906
Registration Number 0054041
Registration Date June 19, 1906
Owner (REGISTRANT) HERSHEY, MILTON S. DBA HERSHEY CHOCOLATE COMPANY INDIVIDUAL DELAWARE Wheat Ridge(LAST LISTED OWNER) Hershey Chocolate & Confectionery Corporation CORPORATION DELAWARE Suite 204 4860 Robb Street Wheat Ridge
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record William J. Morris III
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 12C. SECT 15. SECTION 8(10-YR) 20160718.
Renewal 6TH RENEWAL 20160718
Live/Dead Indicator LIVE

-----

Below is an additional registration among numerous registrations owned by Hershey.

Word Mark HERSHEY'S
Goods and Services IC 030. US 046. G & S: MILK CHOCOLATE, MILK CHOCOLATE WITH ALMONDS, COCOA, CHOCOLATE FLAVORED SYRUP, [ COCOA BUTTER, CHOCOLATE LIQUOR, ] SWEET CHOCOLATE, AND SEMI-SWEET CHOCOLATE. FIRST USE: 19050101. FIRST USE IN COMMERCE: 19050101
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 26.11.21 - Rectangles that are completely or partially shaded
Serial Number 72285738
Filing Date November 28, 1967
Current Basis 1A
Original Filing Basis 1A
Registration Number 0916802
Registration Date July 20, 1971
Owner (REGISTRANT) HERSHEY FOODS CORPORATION CORPORATION DELAWARE HERSHEY PENNSYLVANIA 17033(LAST LISTED OWNER) HERSHEY CHOCOLATE & CONFECTIONARY CORPORATION CORPORATION BY MERGER, BY ASSIGNMENT, BY CHANGE OF NAME DELAWARE 5060 WARD ROAD WHEAT RIDGE COLORADO 80033
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record MARTHA L. CECIL-FEW
Prior Registrations 0054041
Description of Mark THE BACKGROUND FOR THE LETTERS IN THE DRAWING IS LINED FOR THE COLOR BROWN.
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100916.
Renewal 3RD RENEWAL 20100916
Live/Dead Indicator LIVE
-----

Hershey is an example of a large corporation paying attention to the world in which it does business. Rather than simply exploiting the land and it's people to conduct business, Hershey has stepped up and acknowledged its place in the world as a corporate citizen. Doing the right thing will also serve to enhance the value of its brands.

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

***   ***   ***

Thursday, April 05, 2018

#SkiPass #Trademarks #FYI...

Chair 23, Mammoth Mountain
Consolidation, Collaboration, Confusion...  The Three C's, as it were, are confronting die-hard skiers across the U.S. as ski resorts merge and build out multiple venue season ski passes.  In California, thousands of skiers annually visit Mammoth Mountain and have purchased annual ski passes for many years.  The beloved MVP Pass, however, has now been replaced by the IKON PASS. A period of #confusion ensued for the Mammoth faithful but the consensus seems to now be that the IKON PASS is the best option for those who ski principally at Mammoth.

Mammoth Mountain, at Chair 2/The Mill
Since this is a #Trademark focused blog, we begin with a review of the pending U.S. Federal trademark and service mark application for IKON PASS:

Word Mark IKON PASS
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Lip balm; sunscreen preparationsIC 009. US 021 023 026 036 038. G & S: Decorative magnets
IC 014. US 002 027 028 050. G & S: Keychains; jewelry; watches; clocks; ornamental pins
IC 016. US 002 005 022 023 029 037 038 050. G & S: Bags; note cards and envelopes; gift wrap paper; books in the field of art; fiction books and non-fiction books on the topics of outdoor lifestyle, adventure, history, skiing and snowboarding, cooking, entertainment, architecture and design; printed materials, namely, magazines in the field of outdoor recreation and resort activities; works of art made of paper; illustrations; photographic prints; framed art prints; writing instruments; office supplies, namely, stationery, envelopes, wrapping paper, packaging materials made of paper, and adhesive tape for stationery purposes; blank journals; notebooks; bookends; bookmarks; calendars and desktop planners; greeting cards; postcards; decals and stickers; pen or pencil holders
IC 021. US 002 013 023 029 030 033 040 050. G & S: Mugs; coasters; household and kitchen goods, namely, drinking glasses, shot glasses, bottle openers, wine openers
IC 025. US 022 039. G & S: Clothing, namely, base layers, vests, shirts, t-shirts, sweatshirts, robes, bathrobes, jackets, ski pants, cycling jerseys, socks, belts, gloves; headwear, namely, visors, caps, hats and beanies; footwear
IC 028. US 022 023 038 050. G & S: Christmas tree ornaments; snow globes; plush toys; sporting goods and equipment, namely, skis, snowboards, and ski poles
IC 035. US 100 101 102. G & S: Retail and online retail store services featuring ski lift access passes, clothing, ski and snowboard equipment and helmets, and ski and snowboard resort promotional items
IC 041. US 100 101 107. G & S: Ski resort services featuring a ski pass program
IC 042. US 100 101. G & S: Providing on-line non-downloadable computer software for providing information related to weather, snowfall, ski conditions and resorts
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 87670905
Filing Date November 3, 2017
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) ALTERRA MOUNTAIN COMPANY CORPORATION DELAWARE 1621 18TH STREET, SUITE 300 DENVER COLORADO 80202
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Ian L. Saffer
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
-----

Note: The multiple classes of goods and services included in this multi-class application.  This is a very carefully crafted application.

Alterra Mountain Company, a Delaware corp., based in Denver, CO, now own multiple ski resorts across the U.S., as well as in Canada.  Alterra has also partnered with additional independent ski resorts, as described below.

The IKON PASS, as promoted, offers:

Image Source:  https://www.ikonpass.com/en
Per the IKON PASS website:


"The Ikon Pass is the new standard in season passes for winter 2018/2019. North America’s top destinations have joined together to offer skiers and riders 12 destinations from Alterra Mountain Company and 14 premier destination partners. The Ikon Pass offers the opportunity to access unique terrain, join a like-minded community, and experience the most iconic mountains in North America."

-----

In terms of the branding effort and intellectual property effort in connection with the IKON PASS, the above-referenced pending trademark application is a very good example of marketing and legal working together to maximize value and to protect the owner's investment.

Respectfully submitted,
William E. Maguire

(photos by & Copyright Will Maguire 2018.)
***   ***   ***