Wednesday, April 27, 2016

Daily Physical Defense... the sunscreen and the trademark issues.....

Dateline: Wednesday morning, April 27, 2016... found in the sand along Venice Beach this morning was a tube of sunscreen bearing the ™symbol next to the mark, DAILY PHYSICAL DEFENSE™... so naturally my curiosity was piqued by this rather descriptive trademark..... (see photos below).




Apparently, somebody named WASSON left their sunscreen on the beach recently.  Finders keepers, right?!...

Turns out that the trademark application for DAILY PHYSICAL DEFENSE™ was refused registration on a couple of grounds by the USPTO, including, Sec. 2(d) likelihood of confusion, as well as mere descriptiveness under Sec. 2(e)(1).

So the first application filed was abandoned after the above-referenced Office Action - refusal; and here is the USPTO "TESS" Record re same:

Word Mark DAILY PHYSICAL DEFENSE
Goods and Services (ABANDONED) IC 003. US 001 004 006 050 051 052. G & S: Body and facial beauty care and skin-preparations, namely, sun-care creams and lotions; sunscreen creams and lotions; moisturizing creams and lotions; after sun creams and lotions
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85431088
Filing Date September 23, 2011
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) ALLERGAN, INC. CORPORATION DELAWARE 2525 DUPONT DRIVE IRVINE CALIFORNIA 92612
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Peter Munson
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator DEAD
Abandonment Date June 9, 2012


Thereafter, the same applicant, applied for the same mark with it's umbrella mark ahead of it to capture its distinctiveness, no doubt, and this led to a successful registration, as follows:


Word Mark SKINMEDICA DAILY PHYSICAL DEFENSE
Goods and ServicesIC 003. US 001 004 006 050 051 052. G & S: Body and facial beauty care and skin-preparations, namely, sun-care creams and lotions; sunscreen creams and lotions; moisturizing creams and lotions; after sun creams and lotions. FIRST USE: 20120120. FIRST USE IN COMMERCE: 20120120
Standard Characters Claimed
Mark Drawing Code(4) STANDARD CHARACTER MARK
Serial Number85431090
Filing DateSeptember 23, 2011
Current Basis1A
Original Filing Basis1B
Published for OppositionOctober 16, 2012
Registration Number4392890
Registration DateAugust 27, 2013
Owner(REGISTRANT) ALLERGAN, INC. CORPORATION DELAWARE 2525 DUPONT DRIVE IRVINE CALIFORNIA 92612
Assignment RecordedASSIGNMENT RECORDED
Prior Registrations2757644;3188953;3341250
DisclaimerNO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DAILY PHYSICAL DEFENSE" APART FROM THE MARK AS SHOWN
Type of MarkTRADEMARK
RegisterPRINCIPAL
Live/Dead Indicator
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Who knew that a lost tube of sunscreen would lead to a discussion on trademarks...  

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

(All photos by & Copyright William Maguire 2016.)

Tuesday, April 26, 2016

Trademarks On The Beach...

Dateline: Monday morning, April 25, 2016... along the shores and sands of Santa Monica and Venice, California...  during a pre-work morning stroll in a howling on shore wind we saw numerous trademarks in the sand..... as follows:

Wetsuits and a surfboard, below... Wetsuits can be registered in International Class 9, and surfboards can be registered in Intl. Class 28.  One good example of a trademark that is registered in both of these classes is O'NEILL®, as follows:

ord Mark O'NEILL
Goods and Services Intl. Class 9:  DIVING SUITS, WET SUITS AND DRY SUITS. FIRST USE: 19570000. FIRST USE IN COMMERCE: 19570000;  Intl Class 25: WATER SKI SUITS. FIRST USE: 19731209. FIRST USE IN COMMERCE: 19731209;
Intl. Class 28: SURF BOARDS. FIRST USE: 19570000. FIRST USE IN COMMERCE: 19570000
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73053232
Filing Date May 23, 1975




Registration Number 1069298
Registration Date July 12, 1977
Owner (REGISTRANT) O'NEILL, INCORPORATED CORPORATION CALIFORNIA 1071 41ST AVENUE P. O. BOX 6300 SANTA CRUZ CALIFORNIA 950636300(LAST LISTED OWNER) SISCO TEXTILES NV CORPORATION Kaya W.F.G. (Jombi) Mensing 14 Willemstad CURACAO




Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20070801.
Renewal 2ND RENEWAL 20070801
Live/Dead Indicator LIVE


Flip flops, aka, Sandals... and other footwear can be registered in Intl. Class 25 in the United States.


A beach umbrella, below, can be registered in Intl. Class 18 for: Portable sun and weather shelter, namely, umbrellas.


A toy shovel, below, left in the sand... Toys, including toy shovels can be registered in Intl. Class 28.


A HERSHEY'S chocolate candy wrapper, below. A world famous brand and trademark, to be sure.  Below is an early U.S. trademark registration for HERSHEY'S:

Word Mark HERSHEY'S
Goods and Services Intl. Class 30: 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




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




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


BLUE BUNNY® ice cream sandwich wrapper... a personal favorite brand of the author;  also note,  the shadow of a Lumix camera...


CALYPSO® lemonade.  Registered in stylized format, as follows:



Word Mark CALYPSO
Goods and Services Intl. Class 32:  LEMONADE. FIRST USE: 19990500. FIRST USE IN COMMERCE: 20001200
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 05.05.25 - Daffodils; Iris (flower); Other flowers
Serial Number 76078496
Filing Date June 27, 2000




Published for Opposition January 10, 2006
Registration Number 3130178
Registration Date August 15, 2006
Owner (REGISTRANT) King Juice Company, Inc. CORPORATION WISCONSIN 851 West Grange Avenue Milwaukee WISCONSIN 53221


Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20151102.
Renewal 1ST RENEWAL 20151102
Live/Dead Indicator LIVE


CONVERSE ALL STAR® tennis shoes. Another famous trademark, including the following registration in the U.S.

Word Mark CONVERSE ALL STAR
Goods and Services Intl. Class 25: FOOTWEAR. FIRST USE: 19770201. FIRST USE IN COMMERCE: 19770201
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 01.01.03 - Star - a single star with five points
26.09.21 - Squares that are completely or partially shaded
26.11.02 - Plain single line rectangles; Rectangles (single line)
Serial Number 73228707
Filing Date August 23, 1979




Published for Opposition March 25, 1980
Registration Number 1138468
Registration Date August 5, 1980
Owner (REGISTRANT) ELTRA CORPORATION CORPORATION NEW YORK P. O. BOX 931 TOLEDO OHIO 43694(LAST LISTED OWNER) CONVERSE INC. CORPORATION BY MERGER, BY CHANGE OF NAME, BY MERGER, BY ASSIGNMENT, BY ASSIGNMENT DELAWARE 160 North Washington Street Boston MASSACHUSETTS 02114




Prior Registrations 0369971;0868375;0924169
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20100611.
Renewal 2ND RENEWAL 20100611
Live/Dead Indicator LIVE



OAK RESERVE BREWED TEA®, below. Registered in stylized format in the U.S., as follows:



Word Mark OAK RESERVE BREWED TEA
Goods and Services Intl. Class 30: Iced tea; Tea-based beverages. FIRST USE: 20140626. FIRST USE IN COMMERCE: 20140626
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 19.05.01 - Barrels; Drums (barrels)
26.01.26 - Coils; Spirals; Swirls
27.03.05 - Objects forming letters or numerals
Serial Number 86302509
Filing Date June 6, 2014




Published for Opposition December 16, 2014
Date Amended to Current Register September 22, 2014
Registration Number 4694912
Registration Date March 3, 2015
Owner (REGISTRANT) Beverage Marketing USA, Inc. CORPORATION NEW YORK 60 Crossways Park Drive West Woodbury NEW YORK 11797




Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "OAK" AND "RESERVE" AND "BREWED TEA" APART FROM THE MARK AS SHOWN
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the words "RESERVE", "OAK" and "BREWED TEA" in a stylized font, the word "OAK" appearing in the largest font with the "O" designed to look like a wooden barrel with a tap, the word "RESERVE" appearing within the barrel in a smaller font at the top left, and the words "BREWED TEA" centered under the word "OAK" in a smaller font with a swirl to the right and left.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE


A ZIGI sandal... missing its other half... One of the U.S. trademark registrations for this mark is listed below.

Word Mark ZIGI NY
Goods and Services Intl Class 18:  Bags, namely, handbags, pursesIC 025. US 022 039. G & S: Footwear, namely, shoes, boots, slippers, thongs, sandals, casual footwear, evening footwear
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77764997
Filing Date June 22, 2009




Published for Opposition September 11, 2012
Registration Number 4247778
Registration Date November 27, 2012
Owner (REGISTRANT) ZIGI ENTERPRISES, INC. CORPORATION DELAWARE




Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "NY" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE



MODELO® beer below... One registration among many includes the following:

Word Mark MODELO
Goods and Services Intl Class 32:  BEER. FIRST USE: 19730807. FIRST USE IN COMMERCE: 19730807
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73021202
Filing Date May 10, 1974




Registration Number 1022817
Registration Date October 14, 1975
Owner (REGISTRANT) CERVECERIA MODELO, S.A. CORPORATION MEXICO LAGO ALBERTO 156 MEXICO CITY 17 MEXICO(LAST LISTED OWNER) MODELO MKT DE MÉXICO, S. DE R.L. DE C.V. LIMITED LIABILITY COMPANY MEXICO LAGO ALBERTO NO. 156, COLONIA ANAHUAC MEXICO, DISTRITO FEDERAL 11320 MEXICO




Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20151208.
Renewal 3RD RENEWAL 20151208
Live/Dead Indicator LIVE



COORS LIGHT® beer. Definitely a famous trademark.

Word Mark COORS LIGHT
Goods and Services Intl Class 32:  FIRST USE: 19790529. FIRST USE IN COMMERCE: 19790529
Mark Drawing Code (1) TYPED DRAWING
Serial Number 74163349
Filing Date May 3, 1991




Published for Opposition February 4, 1992
Registration Number 1684609
Registration Date April 28, 1992
Owner (REGISTRANT) Coors Brewing Company CORPORATION COLORADO 311 10TH ST Golden COLORADO 80401(LAST LISTED OWNER) MILLERCOORS LLC LIMITED LIABILITY COMPANY DELAWARE 250 South Wacker Drive, Suite 800 Chicago ILLINOIS 60606




Prior Registrations 1134783;1540754;1562472;AND OTHERS
Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "LIGHT" APART FROM THE MARK AS SHOWN
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20120328.
Renewal 2ND RENEWAL 20120328
Live/Dead Indicator LIVE



A ROLD GOLD snack wrapper... close to the tide line... To bad its purchaser didn't dispose of it in a trash can...


Buried to the hilt!...  Can you guess the label?


And the answer is... XX DOS EQUIS®. One of the earliest registrations is shown below in stylized format.


Word Mark XX DOS EQUIS
Translations THE TRANSLATION OF THE TERM "DOS EQUIS" INTO ENGLISH IS "TWO X'S."
Goods and Services Intl Class 32:  BEER. FIRST USE: 19000712. FIRST USE IN COMMERCE: 19550700
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 72304432
Filing Date August 6, 1968




Date Amended to Current Register September 11, 1969
Registration Number 0904930
Registration Date December 22, 1970
Owner (REGISTRANT) CERVECERIA MOCTEZUMA, S.A. CORPORATION MEXICO PASEO DE LA REFORMA 144 MEXICO CITY MEXICO(LAST LISTED OWNER) CCM IP, S.A. CORPORATION SWITZERLAND Avenue de Rumine 33 CH-1005 Lausanne SWITZERLAND




Type of Mark TRADEMARK
Register SUPPLEMENTAL
Affidavit Text SECTION 8(10-YR) 20100203.
Renewal 3RD RENEWAL 20100203
Live/Dead Indicator LIVE


More surfboards...


*** It is no surprise that many of these noted brands and trademarks above have been protected with Federal Trademark Registrations.  

Respectfully submitted,

William Maguire

(All photos by & Copyright William Maguire 2016.)

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Wednesday, April 06, 2016

Fog, Foghorn, London Fog and other Foggy Trademarks...

Dateline: Wednesday afternoon, April 6, 2016 in Santa Monica, California...  Well, the fog rolled in heavy this afternoon. Have a peak...

"The Fog from 4th St. and Wilshire Blvd., Santa Monica, Calif."

*** Video Alert ! ***

The Fog: The Video

     https://youtu.be/tPVs4ELiLnA

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So speaking of FOG... can you think of any Fog formative trademarks?...

Here are just a few that are registered in the U.S.:

•  LONDON FOG; Reg. No. 085627; Reg. Date: Oct. 15, 1968; Intl. Class 25 for "Outer coats for men and women, outer jackets for men and women and hats for men.

note: This Registrant also owns numerous other LONDON FOG trademark registrations for other goods.

•  OLD FOGHORN; Reg. No. 1958921; Reg. Date: Feb. 27, 1996;  Intl. Class #32 for "beer".

•  FOGHAT; Reg. No. 3751903; Reg. Date: Feb. 23, 2010; Intl. Class #33 for "Wines".

•  FOGHAT; Reg. No. 3754129; Reg. Date: March 2, 2010; Intl. Class #9 for "Audio recordings featuring music." 

note: there are a couple of other stylized drawing registrations for FOGHAT for entertainment services, namely, live performance by a musical group, in Intl. Class #41; and for clothing, in Intl. Class #25.

•  THE FOG HORN; Reg. No. 4571925;  Reg. Date: July 22, 2014; Intl. Class #9 for "downloadable computer software for accessing, reading and reviewing a magazine featuring fiction and short stories."

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These are just a few of the cited 288 active registrations and pending applications referenced by the USPTO in a search of FOG formative trademarks.

For more information on the selection, clearance and registration of trademarks, please visit our website at:  www.TrademarkEsq.com

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com
Law Offices of William E. Maguire
Santa Monica, California

(All photos and videos by and Copyright William E. Maguire 2016.)

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