LIFEGUARD® Merchandise...

Who knew?!... you could trademark LIFEGUARD?...

It seems, perhaps, more than a bit strained that the word LIFEGUARD could be registered as a trademark but its true.  Here is the current record at the USPTO for one of these registrations:

Word Mark	LIFEGUARD
Goods and Services	IC 025. US 022 039. G & S: Clothing, namely, T-shirts, pants, shorts, boxer shorts, tank tops, sweat shirts, hooded sweat shirts, hats, visors, underwear, swimwear, flip-flops, sun visors. FIRST USE: 19371209. FIRST USE IN COMMERCE: 19371209
Standard Characters Claimed
Mark Drawing Code	(4) STANDARD CHARACTER MARK
Serial Number	77567152
Filing Date	September 10, 2008
Current Basis	1A
Original Filing Basis	1B
Published for Opposition	June 16, 2009
Change In Registration	CHANGE IN REGISTRATION HAS OCCURRED
Registration Number	3800325
Registration Date	June 8, 2010
Owner	(REGISTRANT) Lifeguard Licensing Corp. CORPORATION DELAWARE c/o Pryor Cashman LLP 7 Times Square New York NEW YORK 10036

The jury is out, however, as to whether it can be enforced exclusively for it's owner's use only.  For instance, once upon a time I secured for a client a trademark registration for "BAYWATCH LIFEGUARD (and design)" for clothing (see record below).

Word Mark	BAYWATCH LIFEGUARD
Goods and Services	(CANCELLED) IC 025. US 022 039. G & S: clothing, namely shorts, shirts, sweat shirts, sweat pants, hats, tops, caps. FIRST USE: 19880103. FIRST USE IN COMMERCE: 19920900
Mark Drawing Code	(3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code	01.05.01 - Sun, rising or setting (partially exposed or partially obstructed); Sunrise 07.03.25 - Aquariums (buildings); Convention hall; Hospitals; Libraries, public libraries; Schools; Wash, car (commercial)
Serial Number	74198939
Filing Date	August 28, 1991
Current Basis	1A
Original Filing Basis	1B
Published for Opposition	May 12, 1992
Registration Number	1964352
Registration Date	March 26, 1996
Owner	(REGISTRANT) BAYWATCH PRODUCTION COMPANY, THE CORPORATION CALIFORNIA 5433 Beethovan Street Los Angeles CALIFORNIA 90066
Assignment Recorded	ASSIGNMENT RECORDED
Attorney of Record	William E. Maguire
Type of Mark	TRADEMARK
Register	PRINCIPAL
Live/Dead Indicator	DEAD
Cancellation Date	December 28, 2002

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For more information about trademarks, readers are invited to take a look at our website and one of our articles on the selection, clearance and registration of trademarks:

http://trademarkesq.com/pages/article9.php

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Respectfully submitted,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California
www.TrademarkEsq.com

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Tongva Park + Trademarks

Tongva Park just (quietly and unofficially) opened in Santa Monica, California.  It's located just south of the Santa Monica Pier and abuts both Ocean Avenue and Main St.  Be sure to check it out when you are in the area.  We look forward to enjoying this new public open space which offers a nice respite from the busy downtown area of Santa Monica which continues to be redeveloped with new buildings and public transportation infrastructure.

Additional Media:

http://www.smmirror.com/articles/News/Santa-Monicas-Tongva-Park-Opens-To-The-Public-Today/38372

Trademarks...  And no blog (of ours) would be complete without mentioning something about Trademarks, Copyrights and Licensing...  Look closely at the photos above and you will see that even in a public park that there are trademarks... and others in the background and adjacent public areas and streets.

Thank you for your consideration.

Respectfully submitted,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
www.TrademarkEsq.com

"Positive Client Reviews" and Trademarks!

Ask and you shall receive.  Today I was fortunate to receive two thoughtful and "positive client reviews" on our recently created Google Business Listing.  Here is the link to this homepage which features these two client reviews, as well as a great "peer review".  The reward, of course, is in the service.  Nevertheless, this positive feedback is also helpful, encouraging and much appreciated.

https://plus.google.com/u/0/118400374955570246447/about

Respectfully,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California

www.TrademarkEsq.com

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Surfboard Trademarks...

Gone Surfin'...

Surfboards, board shorts, beach towels, bikinis, umbrellas, beach chairs, hats, sunglasses, sunscreen...  And this is on a Saturday AFTER Labor Day in Santa Monica, California... with air temps in the 80's on the sand.. so you better we wearing sandals too.

That's alot of trademarks on the sand. In terms of classifying each of these items according to the International Classification system which is used by the U.S. Patent and Trademark Office when registering trademarks, here is a sampling of how the above-referenced goods line up:

Surfboards are Intl. Class #28;

Board shorts, bikinis, hats and sandals are in Intl. Class #25;

Beach towels are in Intl. Class #24;

Sunscreen is in Intl. Class #3;

Sunglasses are in Intl. Class #9;

Beach chairs are in Intl. Class #20; and

Beach umbrellas are in Intl. Class #18

Of course, you do not have to memorize these Class Numbers. Your trademark counsel will be able to tell you what class your goods are in.

The important thing to note, however, is that having and owning a U.S. Federal Trademark Registration on the Principal Register offers you tremendous advantages in comparison to a common law trademark, the latter of which is a trademark in use but without a corresponding registration.

So stay cool and get a registration.

For more information, please check out our article summarizing the basics of trademark selection, clearance and registration at:

http://trademarkesq.com/pages/article9.php

Respectfully submitted,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE
www.TrademarkEsq.com 

(Photo by & Copyright Will Maguire 2013.)

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