Friday, October 27, 2017

Sunscreens, Brands & Trademarks

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With the “Indian Summer” upon us in Southern California and this week’s scalding heat wave…

x-ref: Game One, World Series at Dodger Stadium, October 24, 2017… at game time it was reported to be 103 Degrees Fahrenheit on the field at just past 5 pm!…

Sunscreen is still relevant in October in So. Cal. as a result thereof.  And as long as we are talking about sunscreen, we might as well look at the sunscreen brands noted and their attention to trademark protection.


Top 10 Sunscreens of 2017 | Best Reviews Guide 



Among the U.S. trademark registrations listed on the USPTO Trademark Database for BLUE LIZARD includes the following listed goods:

Class #3:  cosmetics and skin care preparations, namely sun screens and skin moisturizing preparations being skin toners, skin cream, skin lotions; non-medicated topical sprays containing sun screens or skin moisturizing preparations, scalp conditioners, pre-moistened cosmetic wipes containing sun screen or skin moisturizing preparations; body balms; skin cleansers, namely body scrubs, shower gels, bath gels; body oils, lip balms, massage oils, skin and facial masques.
Class #5:  pharmaceutical preparations for the prevention of sun damage to skin.
Last Listed Owner: Crown Laboratories, Inc., a Tennessee corp.

•  AUSTRALIAN GOLD® (Unless otherwise noted, all of the registrations below are owned by the following corporate entity:

Last Listed Owner: Australian Gold, Inc., a Indiana corp.


(b)  Class #3: SUN-SCREEN LOTION

(c)  Class #9:  optical goods, namely, thin film disks for protection of eyes from ultraviolet rays.

(d)  a multiple class trademark registration, including goods in the following classes:

Class #7:  Cosmetic spray tanning equipment, namely, power-operated spray guns. FIRST USE: 20050000. FIRST USE IN COMMERCE: 20050000
Class #11:  Tanning lamps. FIRST USE: 19990000. FIRST USE IN COMMERCE: 19990000
Class #16:  Printed materials, namely, paper signs, posters, forms and training cards featuring information on tanning products; dry erase writing boards; clipboards; general purpose plastic bags; ink pens. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #18:  Carry-all bags with cinch straps; handbags; tote bags; cosmetic bags sold empty; luggage tags. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #20:  Plastic banners; plastic signboards; display racks; plastic key chains; plastic clips for sealing bags; personal compact mirrors; lawn furniture. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #21:  Cosmetic brushes; cups and tumbler beverageware; empty plastic water bottles; insulated sleeve holders for canned beverages and for sipper cups. FIRST USE: 20040000. FIRST USE IN COMMERCE: 20040000
Class #28:  Plush toys; beach balls; flying disks; inflatable float toys for recreational use.
note/comment:  This above-referenced multiple class trademark registration reveals that this trademark owner is establishing this brand as a lifestyle brand for the beach and outdoors.

(e)  Class #3: Cosmetics.

note: This final registration for cosmetics is interestingly owned by what appears to be an affiliated company, namely, Australian Gold, LLC, an Indiana LLC.

•  Elta MD®

(a)  "ELTA MD (and design)” (see stylized design below), in Class #3 for: Non-medicated skin care preparations.
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(b)  “ELTA MD (and design)” (same design as above), in Class #5 for:  Medicated skin care preparations.

Last Listed Owner of both of these above-referenced registrations is ELTA MD, Inc., a Texas corp.

note/comment:  This same Registrant has two additional pending trademark applications in “standard character format” for ELTA MD for the same goods referenced above in Classes #3 and #5.

•  Olay

Olay, as it turns out, is a HUGE BRAND owned by the conglomerate corporate entity, The Proctor & Gamble Company, an Ohio corp.

According to the active/live records results at, there are at least 33 trademarks, including at least one service mark, for OLAY in either standard character format or in stylized format, e.g., with a design/logo.

note/comment re the service mark registration for OLAY:

Class #35:  Providing an interactive website for users with specific informed recommendations of skin care products that are best suited to particular individuals based on skin analysis results. FIRST USE: 20120205. FIRST USE IN COMMERCE: 20120205
Class #44:  Cosmetic skin analysis services

Interestingly, none of the active OLAY trademark registrations are for “sunscreens” per se. Instead, the goods i.d. that apparently includes sunscreen is described by this Registrant as “non-medicated skin care preparations” in Class #3.

Indeed, one OLAY formative trademark for "OLAY 365 UV” (with UV disclaimed) is registered in Class #3 in this manner,  namely, as “non-medicated skin care preparations”.

Same thing for the separate pending trademark application for OLAY SUN.

Final Comment:  Of note, OLAY has apparently not yet been positioned as a broad lifestyle brand as noted above with respect to HAWAIIAN GOLD.


In view of the summary nature of this blog post, as well as the breadth of content already discussed, we have decided not to discuss the balance of the sunscreens brands included in the Best Reviews Guide referenced above.

Clearly, each of the brands discussed have paid attention to detail and trademark protection in the form of U.S. Federal Trademark Registrations obtained.  This is not merely a coincidence.  Savvy brand owners are well versed in protecting their intellectual property and these brands are no exception.

Respectfully submitted,

William E. Maguire,
Attorney at law

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