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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