Thursday, October 22, 2009

SPF Trademarks: "Another L.A. Heat Wave"



Dateline: Thursday, October 22, 2009; Los Angeles, Calif.

RE: "Another L.A. Heat Wave !"

It's like 80 plus degrees Fahrenheit 'again' outside this afternoon !
Whew ! In a long sleeve button down oxford dress shirt with a t-shirt on underneath, it is WARM out there !

Thus, sunscreen protection is once again in order.
Recently, a colleague of mine who has braved the sun on the east and west coasts, and has since burned himself on the beaches of Brazil, has indicated his sunscreen choice as any 50 plus spf factored product by BANANA BOAT®. An excellent choice, this product is available in both lotion and spray.


http://www.bananaboat.com
/

Another option is the perennial favorite, COPPERTONE®, also available in both lotion and spray.



http://www.Coppertone.com


Why SPRAY ?....
it's alot easier to nail down the spf on your feet with spray, as well as your back.

A new entrant favored by many surfers and beach lifeguards is WATERMAN'S® sunscreen which is touted for its water repellency and for its resiliency in staying put on the job instead of washing off in the ocean.

http://www.WatermansAppliedScience.com

Additionally, WATERMAN'S is social media savvy and has its own Facebook page for its adoring fans ! http://www.facebook.com/reqs.php#/watermans

Finally, SEA & SKI®, which basically ruled the 60's and which has been trying to climb back up in the ratings ever since, is the "old school" choice for baby boomers. With its very own unique aroma, this product is clearly distinguishable from its competitors. One must, therefore, wonder if this trademark owner has ever considered obtaining a trademark registration for the "smell" of SEA & SKI® sunscreen lotion. To my knowledge, this has never been undertaken.



For some interesting background and history on the SEA & SKI brand, check out this article online at:
http://bit.ly/grTo3

or

http://www.brandlandusa.com/2009/08/09/whatever-happened-to-sea-once-the-nations-most-popular-suntan-brand/

B. The Registration Basics

Sunscreen is generally registrable in International Class #3. Each of the trademarks mentioned above enjoy the benefits of a U.S. Federal Trademark Registration on the Principal Register in Intl. Class #3.

One Registration for sunscreen that is public information and available online at www.uspto.gov is the earliest trademark registration for COPPERTONE, as follows:

Word Mark COPPERTONE
Goods and Services IC 003. US 051. G & S: [ TANNING BUTTER, ] SUNTAN OIL, SUNTAN LOTION, [ SUNTAN CREAM, SKI CREAM, ] AND EXTRA PROTECTION SUNTAN LOTION. FIRST USE: 19441100. FIRST USE IN COMMERCE: 19450300 Mark Drawing Code (1) TYPED DRAWING
Serial Number 72375781 Filing Date November 12, 1970 Current Filing Basis 1A Original Filing Basis 1A Registration Number 0917825 Registration Date August 3, 1971
Owner (REGISTRANT) PLOUGH, INC. CORPORATION DELAWARE 3022 JACKSON AVE. MEMPHIS TENNESSEE 38101
(LAST LISTED OWNER) SCHERING-PLOUGH HEALTHCARE PRODUCTS, INC. CORPORATION BY CHANGE OF NAME FROM DELAWARE 3030 JACKSON AVENUE MEMPHIS TENNESSEE 38151

Assignment Recorded ASSIGNMENT RECORDED Type of Mark TRADEMARK Register PRINCIPAL Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20010731. Renewal 2ND RENEWAL 20010731

And check out the USPTO record for the earliest SEA & SKI® suntan lotion trademark registration !

Word Mark SEA & SKI
Goods and Services IC 003. US 051. G & S: SUNTAN LOTIONS. FIRST USE: 19531204. FIRST USE IN COMMERCE: 19531204
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72262354
Filing Date January 11, 1967
Current Filing Basis 1A
Original Filing Basis 1A
Published for Opposition October 17, 1967
Registration Number 0841768
Registration Date January 2, 1968
Owner (REGISTRANT) SEA & SKI CORPORATION CORPORATION DELAWARE 975 TIMBER WAY, P.O. BOX 2837 RENO NEVADA 89505
(LAST LISTED OWNER) FAULDING HEALTHCARE (IP) HOLDINGS, INC. CORPORATION DELAWARE Underdale, 115 Sheriff Street South Australia 5041 AUSTRALIA

Assignment Recorded ASSIGNMENT RECORDED
Prior Registrations 0636263;0807614;AND OTHERS
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECTION 8(10-YR) 20080108.
Renewal 1ST RENEWAL 20080108
Live/Dead Indicator LIVE

C. Get Your Registration

If you would like more information about the registration of trademarks, esp. with respect to trademarks in the sun, sand and surf, we invite you to check out our Beach Trademarks Webpage at: www.BeachEsq.com

So get out there if you can. The water is still warm and beach weather is back at us. Grab your spf, beach towel, hat, bathing suit and some water to stay hydrated and get out there.

Until next time.....



William E. Maguire,
www.TrademarkEsq.com
Los Angeles, Calif.

Wednesday, October 14, 2009

Mammoth Mountain: Opening Day, Oct. 16, 2009 !

Dateline: Friday, October 16, 2009

The promise of "Free Skiing and Snowboarding" at Mammoth drew a crowd all right...

(Photo by Tim Gallagher. Chair #1 at MM at 9 a.m.)


(Photo by Will Maguire. Chair #1 at 1 p.m.)


Wow ! It was MADNESS ! It was OUT OF CONTROL ! It was the ROAD TRIP of the year for tweens and twentysomething snowboarders who drove to Mammoth, well, in droves. Arriving as early as 7 a.m. for the free day of skiing and snowboarding. And by sundown they were all gone and back on the road home. This we know because on Saturday, Oct. 17th, the crowd was down by 90 plus percent ! Just check out the following photo of Chair #1 at 10 a.m. on Sat., Oct. 17, 2009.

(Photo by Will Maguire.)
-------------------------

(And as previously posted on Oct. 14, 2009)

Wow ! As per the MM Facebook Fan Page today, 10.14.09: "Mammoth Mountain It's official - Mammoth Mountain will be opening this Friday, October 16th! 2nd earliest opening EVER!"




(Photo source: Mammoth Mountain.)

Trademark Significance: One of several U.S. Federal Trademark and Service marks owned by this Mountain Resort is the following multi-class composite (words and graphic elements) trademark and service mark.

Mark: "MAMMOTH MOUNTAIN CALIFORNIA (and design)"

(Source: www.uspto.gov)

Goods and Services: IC 025. US 022 039. G & S: Clothing, namely, t-shirts, [sweaters,] sweatshirts, hats, jackets, ski gloves, and turtleneck shirts. FIRST USE: 19530831. FIRST USE IN COMMERCE: 19530831

IC 028. US 022 023 038 050. G & S: Toys and sporting goods, namely, ski poles, goggles, stuff animals, board games, yo-yos, and Christmas tree decorations. FIRST USE: 19530831. FIRST USE IN COMMERCE: 19530831

IC 035. US 100 101 102. G & S: Retail store services in connection with ski equipment and ski apparel. FIRST USE: 19650000. FIRST USE IN COMMERCE: 19650000

IC 041. US 100 101 107. G & S: Recreational services, namely, downhill ski facilities, cross-country ski facilities and trails, snowmobiling facilities and trails, snow-shoeing trails, [equestrian facilities,] and golf course services. FIRST USE: 19781231. FIRST USE IN COMMERCE: 19781231

IC 042. US 100 101. G & S: Resort hotel and restaurant services.
FIRST USE: 19781231. FIRST USE IN COMMERCE: 19781231
Mark Drawing Code: (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS

Serial Number: 76140275 Filing Date: October 2, 2000
Current Filing Basis: 1A Original Filing Basis: 1A
Published for Opposition: March 11, 2003
Registration Number: 2720400 Registration Date: June 3, 2003
Owner (REGISTRANT) Mammoth Mountain Ski Area CORPORATION CALIFORNIA P.O. Box 24 Mammoth Lakes CALIFORNIA 93546

(LAST LISTED OWNER) MAMMOTH MOUNTAIN SKI AREA, LLC LIMITED LIABILITY COMPANY DELAWARE 1 MINARET ROAD MAMMOTH LAKES CALIFORNIA 93546
Assignment Recorded ASSIGNMENT RECORDED

Prior Registrations 1939530
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "MAMMOTH MOUNTAIN CALIFORNIA" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

So get your boards, skis, boots and gear ready !

The following photos are a few of this season's offerings in alpine all mountain shaped skis from the likes of famous Ski Companies like ROSSIGNOL® and NORDICA® observed by the undersigned recently at the grand opening last weekend in Santa Monica of the new location of Doc's Ski Haus.




Trademark Significance.
In the case of ROSSIGNOL®, here is just one active U.S. Federal Trademark Registration for skis from the TESS database online at the U.S. Patent and Trademark Office, which reinforces the industry recognition of the value of having a presumptively valid and now incontestable trademark registration to protect this famous brand:

Word Mark: ROSSIGNOL
Translations: "ROSSIGNOL" IS A FRENCH WORD FOR "NIGHTINGALE."
Goods and Services: IC 028. US 022. G & S: SNOW SKIS AND DETACHABLE PARTS AND ACCESSORIES THEREFOR-NAMELY, BINDINGS, METAL EDGES, ANTI-SLIP SEALSKINS AND PLUSHBANDS, SKI POLES, AND DISCS FOR SKI POLES.
FIRST USE: 19370700. FIRST USE IN COMMERCE: 19671000
Mark Drawing Code (1) TYPED DRAWING
Serial Number 72400164 Filing Date: August 13, 1971
Current Filing Basis 1A Original Filing Basis 1A
Registration Number: 0954365 Registration Date: March 6, 1973
Owner (REGISTRANT) SKIS ROSSIGNOL S.A. CLUB ROSSIGNOL S.A. CORPORATION FRANCE VOIRON (ISERE) FRANCE

(LAST LISTED OWNER) ROSSIGNOL SKI COMPANY, INC. CORPORATION BY ASSIGNMENT DELAWARE 426 INDUSTRIAL AVE. WILLISTON VERMONT 05495. ASSIGNMENT RECORDED

Prior Registrations 0887443
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20030331.
Renewal 2ND RENEWAL 20030331


And below, two shots of the new PROPHET™ 100 "Freeride" skis for this season. Yours for only $649!



The Prophet 100 is described by its maker as follows: "The 100 has power, stability and even the float of a big mountain ski yet maintains the precision, agility and responsiveness of a carving ski. The result is versatility like no other ski in it’s class which has earned it top awards from magazine product tests around the world." http://lineskis.com/skis/prophet-100

For more information about winter trademarks, we invite you to visit our webpage,
www.SnowEsq.com


Have fun this winter and don't forget to always wear a helmet (aka, brain bucket)!




Will Maguire,
www.TrademarkEsq.com
***** ***** ***** ***** *****