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 Services | 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. FIRST USE: 20120120. FIRST USE IN COMMERCE: 20120120 |
| Standard Characters Claimed | |
| Mark Drawing Code | (4) STANDARD CHARACTER MARK |
| Serial Number | 85431090 |
| Filing Date | September 23, 2011 |
| Current Basis | 1A |
| Original Filing Basis | 1B |
| Published for Opposition | October 16, 2012 |
| Registration Number | 4392890 |
| Registration Date | August 27, 2013 |
| Owner | (REGISTRANT) ALLERGAN, INC. CORPORATION DELAWARE 2525 DUPONT DRIVE IRVINE CALIFORNIA 92612 |
| Assignment Recorded | ASSIGNMENT RECORDED |
| Prior Registrations | 2757644;3188953;3341250 |
| Disclaimer | NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE "DAILY PHYSICAL DEFENSE" APART FROM THE MARK AS SHOWN |
| Type of Mark | TRADEMARK |
| Register | PRINCIPAL |
| Live/Dead Indicator |
Who knew that a lost tube of sunscreen would lead to a discussion on trademarks...
Respectfully submitted,
www.TrademarkEsq.com
(All photos by & Copyright William Maguire 2016.)
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