Monday, December 30, 2013

Happy New Year!...

Santa Monica Pier at dusk, Dec. 27, 2013

We want to wish all of you a safe and Happy New Year!

We look forward to assisting you with your legal issues in the new year as well.

Respectfully submitted,

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

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Monday, December 23, 2013

Seasons Greetings...


Happy Holidays and Merry Christmas.....



and a Happy New Year!...

Respectfully,

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





















520 Broadway, Suite 350
Santa Monica, CA  90401

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Thursday, December 19, 2013

Out and about.....


Third St. Promenade, view from Santa Monica Place.
Took a break from trademark research (but not completely...) and walked around downtown Santa Monica earlier this afternoon.  Here are some of the photos I shot as the skies were clearing after a rainstorm earlier today...

RIP CURL, Third St. Promenade
One cannot wander around a shopping mall and not encounter some famous trademarks..... like that shown in the photo above featuring the mark, RIP CURL.  In this regard, below is one of several U.S. trademark registrations for RIP CURL as shown in the partial TESS record from www.uspto.gov:

Word Mark    RIP CURL

Goods and Services   
IC 018. US 003. G & S: duffel bags and all purpose sports bags. FIRST USE: 19810400. FIRST USE IN COMMERCE: 19810400

IC 024. US 042. G & S: towels. FIRST USE: 19800900. FIRST USE IN COMMERCE: 19820400

IC 025. US 039. G & S: T-shirts, sweatshirts, sportshirts, jackets, tracksuit pants, caps, visors and footwear; namely, sneakers, thongs and sandals. FIRST USE: 19800400. FIRST USE IN COMMERCE: 19800400

IC 028. US 022. G & S: surfboards; sailboards, masts, booms, universal joints for use on sailboards. FIRST USE: 19670000. FIRST USE IN COMMERCE: 19780000

Mark Drawing Code    (1) TYPED DRAWING
Serial Number    74313556
Filing Date    September 14, 1992
Registration Number    1842949
Registration Date    July 5, 1994
Owner    (REGISTRANT) RIP CURL INTERNATIONAL PTY. LTD. CORPORATION AUSTRALIA 101 Geelong Road Troquay, Victoria AUSTRALIA
Type of Mark    TRADEMARK
Register    PRINCIPAL
Affidavit Text    SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20040910.
Renewal    1ST RENEWAL 20040910



Third St. Promenade at Arizona Ave.








(All photos by & Copyright Will Maguire 2013.)

Happy Holidays,

William E. Maguire
LAW OFFICES OF WILLIAM E. MAGUIRE

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Friday, December 13, 2013

Part I: Trademarks & Mobile Apptitude...

Mobile app's are all the rage these days..... with many people using them on their smart phones and/or tablets.  Among the applications I use on my iPad are Kindle (for iPad), Netflix, LinkedIn, ESPN, and others.

The branding and naming of mobile applications requires the same diligence as the branding and registration efforts with respect to traditional or conventional products such as apparel, furniture, toys, sporting goods, eyewear, etc.  A trademark application for apparel, for example, would be registrable in International Class #25.  Before investing in a trademark, however, it is always wise to conduct clearance and search efforts so that conflicts can be avoided. 

In Part I of this series focusing on trademarks and mobile applications, we will introduce one famous trademark/service mark and the goods and services identified in the corresponding applications that were filed with the U.S. Patent and Trademark Office (USPTO) and which have since become registered.

Facebook, Inc., for instance, has one multiple class trademark and service registration (among many others) that covers it goods and services in the internet-web-mobile application space or sector.  Reg. No. 3801147 for the mark, FACEBOOK, includes:

International Class (IC) 009. Computer software development tools for social networking, building social networking applications and for allowing data retrieval, upload, access and management; application programming interface (API) for third-party software and online services for social networking, building social networking applications and for allowing data retrieval, upload, access and management.

IC 038. providing access to computer databases; electronic transmission of instant messages and data.

IC 041.  Electronic publishing services, namely, publishing of online works of others featuring user-created text, audio, video, and graphics; providing on-line journals and web logs featuring user-created content.

IC 042.  Providing temporary use of non-downloadable software applications for classifieds, virtual community, social networking, photo sharing, and transmission of photographic images.

Another registration belonging to Facebook, Inc., is in composite format (e.g., words and design elements) for the mark, "FACEBOOK (and design)", Reg. No. 3935447:


IC 009. Computer software development tools; Computer software for use as an application programming interface (API); Application programming interface (API) for computer software which facilitates online services for social networking, building social networking applications and for allowing data retrieval, upload, download, access and management; Computer software to enable uploading, downloading, accessing, posting, displaying, tagging, blogging, streaming, linking, sharing or otherwise providing electronic media or information via computer and communication networks.

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These two examples above illustrate and reinforce that the branding and registration of trademarks and service marks is a key element in the protection of the goods and services that companies provide
and rely upon to enforce their ownership rights.

For additional information about the selection, clearance and registration of trademarks, we invite you to visit our website at:  www.TrademarkEsq.com

Thank you for your consideration.

Respectfully submitted,

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

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Tuesday, December 10, 2013

Santa Monica Today...

Beautiful skies this morning in Santa Monica, California.  We hope you enjoy these photos.

Tongva Park







On Broadway looking north from 5th St.
520 Broadway - Our Office Location in Santa Monica
Please let us know if you have any questions about trademarks, copyrights and licensing.

(All photos by & Copyright Will Maguire 2013.)

Kind regards,

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

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Monday, November 11, 2013

Coffee And A Donut...

Main Lodge, Mammoth Mountain, Sunday, Nov. 10, 2013
Can you count the trademarks on the snow, as it were, in this photo?  Let's stick with the obvious winter snow sports trademarks.  The goggles are from GRENADE®.  The helmet is from BURTON®.  Both items are registrable in International Class #9.

And as an aside... how about that coffee cup sleeve with the word mark, "Mammoth" on it, as well as the "M" logo.  If not registered, these are clearly being used as common law trademarks.

Last but not least, who says the sun doesn't shine on Mammoth Mountain donuts?!...

Work Hard, Play Hard.

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

www.TrademarkEsq.com

Trademark • Copyright • Licensing

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Thursday, November 07, 2013

Trademarks On The Snow...



TRADEMARKS ON THE SNOW:
A Primer on the Selection and Clearance of Trademarks
© Copyright 2013, William E. Maguire. All Rights Reserved.

ARMADA® skis

INTRODUCTION:

Snow skis, snowboards, snow shoes, snowmobiles, snow sleds, toboggans………… sounds like a fun filled winter day in the mountains! To the savvy business entrepreneur, however, these winter sports accessories/necessities are the breeding ground for commercial exploitation. Not far behind in this consumer petrie dish of snow and capitalism is the need to select a trademark by which the item exploited will be known, e.g., K2® skis, BURTON® snowboards, OAKLEY® goggles and sunglasses, GRENADE® jackets and gloves, VESTAL® wristwatches, and COPPERTONE® sunscreen and tanning lotions. This article will highlight some famous trademarks on the snow and will briefly address the legal and business issues with respect to the selection, clearance and registration of such trademarks.




TRADEMARKS DEFINED

A trademark (or mark) is defined as any word, symbol, slogan, or device (such as a design), or a combination of them, used by a manufacturer or merchant to identify his goods or services and to distinguish them from those manufactured, sold or serviced by others. BURTON® and OAKLEY® are excellent examples of 'word' marks. "TAN DON'T BURN" is an example of a 'slogan' mark. A logo or design such as the famous COPPERTONE® girl and the dog is an example of a 'design' mark. An example of a service mark is ESPN® for the "entertainment services, reporting and sports programming services rendered through the medium of television." Such a service mark as ESPN® can also be exploited and serve as a trademark (i.e., for clothes (shirts, hats, sweaters, vests); prerecorded dvd's and videotapes; beach bags, beach towels, etc.). In the U.S., trademark rights are acquired through use (e.g., by selling or transporting your product in commerce with the mark attached or on a label). In addition, under certain circumstances "color" can be a trademark. Examples outside the winter sports industry are the color "pink" for fiberglass insulation and "green" for dry cleaning pads.




SELECTION AND CLEARANCE

The selection of a trademark is the first step that a merchant undertakes to create an identity for his/her snowboard, helmet, gloves, etc. The clearance of a trademark is the process of determining whether or not the trademark is available and is not being used by someone else as a trademark. This clearance process cannot be overemphasized in its importance. Ignoring this vital step can lead to a multitude of problems and expense. In the clearance of a trademark, a two-step process is suggested. The first step is to conduct an on-line computer trademark search of the mark. This on-line search is further clarified by identifying the goods sought to be used or sold as trademarks are categorized by classification. In the United States, the federal government has adopted the International Classification system. Toys, sporting goods, snow skis, snowboards, snow sleds and toboggans are in Class #28. Ski jackets and pants, snowboard jackets, sweaters, pants, gloves, socks and wool caps are in Class #25. Backpacks, daypacks and gear bags are in Class #18. Posters, magazines, books, trading cards, and other printed matter and publications are in Class #16. DVD's, compact discs, videotapes, audiotapes, video game software (including downloadable software over a global computer network), ski and snowboard helmets are in Class #9. Therefore, if you are planning to sell snowboards, apparel and gear bags, then you will want to conduct an on-line search of Classes # 28, 25 and 18. The on-line search is often called a "knock-out" search. This is because the on-line search is a quick and relatively inexpensive way to determine if the mark is already being used. These on-line searches are available on the internet, e.g., at www.uspto.gov, or can be performed by commercial search firms and law firms.

 If your mark appears free of conflicts after conducting an on-line search, the next level of search is the full search, which is  obtained from commercial search firms like THOMSON REUTERS and CORSEARCH. The full search will search the federal database of trademarks at the U.S. Patent and Trademark Office (USPTO), State trademark registrations, common law sources such as phone directories and Dun & Bradstreet listings, plus internet domain name registrations. If your mark still appears clear of conflicts after a full search, then you can be fairly certain that you can adopt and start using your mark. CAVEAT: These searches are not guarantees of the absence of conflicting marks, but they do allow a merchant to make a more informed decision in the clearance of a trademark.




FEDERAL TRADEMARK REGISTRATION

To obtain maximum protection, it is best to register your trademark or service mark. In the U.S., your greatest rights can be obtained with a federal trademark registration. If you are only conducting business within one state, e.g., California, it is possible to register your mark with the California Secretary of State. However, if it is your intent to do business across state lines or in foreign commerce (or if you are already doing business across state lines or in foreign commerce), then the prudent thing to do is to file for a federal trademark application with the U.S. Patent and Trademark Office located in Alexandria, Virginia.

An application for registration of a trademark must be filed in the name of the owner of the mark. The on-line application is both recommended and preferred by the USPTO at www.uspto.gov. In fact, a written application filed via U.S. First Class Mail or the like, e.g., the old fashioned way, is more costly than filing on-line. If filed based on "intent to use", the applicant must submit: (a) an application; (b) a drawing of the mark; (c) the required filing fee; and (d) sign the application.  If filed based on "prior use", the applicant must also submit a proper specimen of use.  The applicant will also incur attorneys fees, typically a fixed fee, should an attorney be hired to file the application(s). Trademarks registered with the Federal Government, as stated previously, are categorized by a classification system which correspond to the type of goods sought to be registered.  After the mark is registered in the U.S., it is important to give notice of this fact by placing the registered trademark symbol, "®", adjacent to the mark. Prior to registration, it is also advisable to use the symbols, "TM" (for trademarks) and "SM" (for service marks).

The chief advantages of a federal registration include:
"Constructive Notice" nationwide of the registrant's claim to ownership of the mark. This basically eliminates the good faith defense of an infringer who claims to have lacked actual knowledge of the registered mark.

Registration is also evidence of (a) the validity of the registration; (b) the registrant's ownership of the mark; and (c) the registrant's exclusive right to use the mark in commerce in connection with the goods or services.

Registration also entitles the registrant to (a) file a lawsuit for infringement of the mark in Federal Court; (b) prevent importation of goods bearing an infringing mark; and (c) use the registration as a basis for registering the same mark in    certain foreign countries.

Trademark registrations are valid for 10 years subject to certain use and filing requirements, and are renewable every 10 years, also subject to continued use and renewal filing requirements.


FOREIGN TRADEMARK REGISTRATION


If your product is distributed internationally, then you must, by and large, register your mark(s) in each country where you plan to do business or are doing business. Is this expensive? Yes! On the other hand, the alternative is the potential loss of the ability to sell your product in those countries where a third party has filed a prior application for your mark(s). Therefore, foreign trademark protection is typically obtained on a country-by-country basis. Unlike the U.S., however, trademark rights in many foreign countries are obtained by registration rather than use. This further necessitates the importance of filing for marks in foreign countries as soon as possible.

One notable alternative to the typical practice of registering trademarks on a country-by-country basis is the European Community Trade Mark Application which has been available since January 1, 1996 for the filing of applications. By obtaining a Community wide trademark registration, an owner of a U.S. registered trademark, for example, can potentially save both time and money otherwise invested in registering a mark in each separate European country and can thus hopefully attain maximum protection for its trademarks in overseas markets at a minimum of cost.




CONCLUSION

Whether you are selling products or services, it is very important to be aware of your trademark and/or service mark and their value. In a competitive business environment, the potential for economic loss is tremendous if trademark rights are not acquired, evaluated, protected and maximized. While this article does not portend to cover all the intricacies of trademark law, hopefully it has helped to shed some light on this area of the law which is of paramount importance to the business owner.


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For more information about trademarks, please visit our website at:

     http://www.snowesq.com

Respectfully submitted,

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





(All photos by & Copyright William E. Maguire 2012/2013.)

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Thursday, September 26, 2013

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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Thursday, September 12, 2013

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

Wednesday, September 11, 2013

"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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Monday, September 09, 2013

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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Wednesday, August 28, 2013

Labor Day Weekend Greetings... and Trademarks, of course!...

Labor Day Weekend 2013 is just about here and some people are making an early getaway...

So. Bound PCH, Santa Monica, Wed., August 27, 2013 around 10 a.m...
The above photo reveals some Labor Day Weekend trademarks...

1.  TOYOTA® Off-Road 4WD-SUV;

2.  STARCRAFT® camping trailer;

3.   A couple of surfboards tied up on the roof rack and we're thinking that one of them may be from BECKER SURFBOARDS® that is wrapped up nicely in a custom padded surfboard bag.

... and we are speculating that there are probably some other trademarks inside that Toyota FJ Cruiser like a couple of ice chests, water jugs, backpacks, beach chairs, blankets, beach towels, bathing suits, hats, sunscreen, sleeping bags, etc.

And for those curious about what goods are included in the BECKER SURFBOARDS® U.S. Trademark Registration, here is the current "TESS" record from the USPTO (at uspto.gov):

Word Mark BECKER SURFBOARDS
Goods and Services IC 025. US 022 039. G & S: Clothing, namely, T-shirts, sweatshirts, shirts, blouses, vests, singlets and tops, pants, shorts, board shorts, tracksuit tops and tracksuit trousers, sweatpants, underwear, sleepwear, belts, scarves, swimwear; headwear, namely, hats, caps, beanies, visors; footwear, namely, socks, sandals, thongs; wetsuits, wetsuit shorts and wetsuit tops. FIRST USE: 19751231. FIRST USE IN COMMERCE: 19751231IC 028. US 022 023 038 050. G & S: Sporting goods, namely, surfboards and stand up paddle boards, body boards, parts and accessories for any of the aforegoing goods, including fins and fin boxes, deck grips and traction pads for boards, bags and covers for sporting goods, namely, board bags and covers, paddle bags, wax combs, leg ropes and leashes for any of the aforegoing sporting goods; skateboards, skateboard parts and accessories, namely, skateboard decks, wheels, rails, trucks and bolts. FIRST USE: 19741231. FIRST USE IN COMMERCE: 19741231
IC 035. US 100 101 102. G & S: Retail store, online, and wholesale store services featuring headphones, DVDs, cosmetic bags, pencil cases, tights, sunglasses, eyeshades, anti-glare visors, goggles for swimming, eyewear accessories, namely, straps, chains and cords, protective clothing, namely, diving suits, storage media and apparatus for recording, storage, transmitting, reproducing or processing data, sound and /or images, namely, magnetic data carriers, pre-recorded films, namely, video films, jewelry and costume jewelry, charms, ornaments, namely, ornamental pendants and ornamental pins, watches and clocks, watch accessories, namely, watch bands, watch chains, watch straps and watch cases, jewelry cases and jewelry boxes, medallions and badges, bags, namely, beach bags, all purpose sport bags, all purpose athletic bags, tote bags, carry-all bags, shopping bags, shoulder bags, handbags, clutch bags, waist packs, backpacks, travel bags, trunks, luggage, carry-on bags, garment bags for travel, wallets, purses, key cases, key chains, key fobs, key rings and key tags, umbrellas, clothing, namely, T-shirts, sweatshirts, shirts, blouses, vests, singlets and tops, sweaters, jackets, coats, parkas, pants, trousers, jeans, shorts, board shorts, overalls, tracksuit tops and tracksuit trousers, sweatpants, dresses, skirts, underwear, sleepwear, belts, scarves, gloves, mittens, swimwear, footwear, headgear, namely, hats, caps, beanies, visors, socks, shoes, boots, sandals, thongs, wetsuits, wetsuit vests, wetsuit boots, wetsuit gloves, wetsuit hoods, wetsuit shorts and wetsuit tops, belt buckles, sporting goods, namely, surfboards and stand up paddle boards, body boards, parts and accessories for any of the aforegoing goods, namely, fins and fin boxes, deck grips and traction pads for boards, bags and covers for boards, wax combs. leg ropes and leashes for any of the aforegoing sporting goods, nose guards for boards, swim fins, sports guards, namely, elbow guards, knee guards, wrist guards, skateboards, skateboard parts and accessories, namely, skateboard decks, wheels, rails, trucks and bolts, sunscreen, towels, stickers, books, cards, and calendars; and the bringing together, for the benefit of others, of a variety of goods, enabling customers to conveniently view and purchase those goods in the field of sunglasses, eyeshades, anti-glare visors, eyewear accessories, namely, straps, chains and cords, protective clothing, namely, diving suits, jewelry and costume jewelry, charms, ornaments, namely, ornamental pendants and ornamental pins, watches and clocks, watch accessories, namely, watch bands, watch chains, watch straps and watch cases, jewelry cases and jewelry boxes, medallions and badges, bags, namely, beach bags, all purpose sport bags, all purpose athletic bags, tote bags, carry-all bags, shopping bags, shoulder bags, handbags, clutch bags, waist packs, backpacks, travel bags, trunks, luggage, carry-on bags, garment bags for travel, wallets, purses, key cases, key chains, key fobs, key rings and key tags, umbrellas, clothing, namely, T-shirts, sweatshirts, shirts, blouses, vests, singlets and tops, sweaters, jackets, coats, parkas, pants, trousers, jeans, shorts, board shorts, overalls, tracksuit tops and tracksuit trousers, sweatpants, dresses, skirts, underwear, sleepwear, belts, scarves, gloves, mittens, swimwear, footwear, headgear, namely, hats, caps, beanies, visors, socks, shoes, boots, sandals, thongs, wetsuits, wetsuit vests, wetsuit boots, wetsuit gloves, wetsuit hoods, wetsuit shorts and wetsuit tops; belt buckles. sporting goods, namely, surfboards and stand up paddle boards, body boards, parts and accessories for any of the aforegoing goods, namely, fins and fin boxes, deck grips and traction pads for boards, bags and covers for boards, wax combs, leg ropes and leashes for any of the aforegoing sporting goods, nose guards for boards, swim fins, sports guards, namely, elbow guards, knee guards, wrist guards, skateboards, skateboard parts and accessories, namely, skateboard decks, wheels, rails, trucks and bolts; sunscreen; towels, stickers; books, cards and calendars; promoting and advertising entertainment, sporting and cultural events of others. FIRST USE: 19801231. FIRST USE IN COMMERCE: 19801231
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85012059
Filing Date April 12, 2010
Current Basis 1A
Original Filing Basis 1B
Published for Opposition July 3, 2012
Registration Number 4208452
Registration Date September 18, 2012
Owner (REGISTRANT) SEAL TRADEMARKS PTY LTD CORPORATION AUSTRALIA 1 BILLABONG PLACE, BURLEIGH HEADS QUEENSLAND AUSTRALIA 4220

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Lots of trademarks will be put to use over Labor Day Weekend or what some people might refer to as equipment.  If these trademarks are of interest to you, then you may want to read our short and pertinent article about Trademarks On The Beach at:

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

Have a safe and fun holiday weekend.

Respectfully,

Will Maguire

William E. Maguire

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

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Thursday, August 01, 2013

SHARKNADO™!... The Trademark Application

A.  As reported by The Hollywood Reporter:

http://www.hollywoodreporter.com/news/sharknado-merchandise-coming-stores-597134

Sharknado, a campy made for tv sci-fi movie, returns with some special midnight screenings on August 2nd, 2013!

x-ref:  http://en.wikipedia.org/wiki/Sharknado

B.  Sharknado: The Trademark Application


Word Mark    SHARKNADO

Goods and Services    IC 021. US 002 013 023 029 030 033 040 050. G & S: Beer mugs; Bottles, sold empty; Coffee mugs; Cups and mugs; Reusable plastic water bottles sold empty; Reusable stainless steel water bottles sold empty; Sports bottles sold empty; Water bottles sold empty. FIRST USE: 20121031. FIRST USE IN COMMERCE: 20121031

IC 025. US 022 039. G & S: Athletic apparel, namely, shirts, pants, jackets, footwear, hats and caps, athletic uniforms; Athletic shorts; Baseball caps and hats; Board shorts; Boxer shorts; Briefs; Collared shirts; Golf shirts; Golf shorts; Gym shorts; Hats; Ladies' underwear; Men's underwear; Panties, shorts and briefs; Polo shirts; Rugby shirts; Shirts and short-sleeved shirts; Short-sleeved or long-sleeved t-shirts; Short-sleeved shirts; Shorts; Sport shirts; Sports caps and hats; Sweat shirts; T-shirts; Tee shirts; Underwear; Underwear, namely, boy shorts; Women's underwear; Woolly hats. FIRST USE: 20121031. FIRST USE IN COMMERCE: 20121031

Standard Characters Claimed   
Mark Drawing Code    (4) STANDARD CHARACTER MARK
Serial Number    86019314
Filing Date    July 24, 2013
Current Basis    1A
Original Filing Basis    1A
Owner    (APPLICANT) The Global Asylum, Inc. CORPORATION CALIFORNIA 72 E. Palm Avenue Burbank CALIFORNIA 91502
Attorney of Record    Scott Meehan
Type of Mark    TRADEMARK
Register    SUPPLEMENTAL
Live/Dead Indicator    LIVE

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comment:  Not sure why the "Supplemental Register" was chosen for this property.  Seems to me that this application could have been filed on the Principal Register.  Wondering as well if all those goods listed as "in use" under Section 1A are in use...

In any case, here's hoping this film and merchandising property continues to be successful 

Time will tell...

"TrademarkEsq"
http://www.TrademarkEsq.com

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Saturday, May 11, 2013

From Dallas With Love...






Wow!  The Annual Meeting of the International Trademark Assn. (INTA) this past week in Dallas, TX was sensational!  The Convention Center, the exhibitors, the seminars and MCLE opportunities, the hotels, and even several great restaurants... were all to be experienced.

And so we will summarize this week of learning and networking and, of course, multiple receptions with some photos for your enjoyment...















































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Goodbye Dallas!  Thanks for the memories!...

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Homeward bound......




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(All photos by & Copyright Will Maguire 2013. All Rights Reserved).

Respectfully submitted,


William E. Maguire, Esq.
LAW OFFICES OF WILLIAM E. MAGUIRE
Santa Monica, California
Web:  http://www.TMESQ.com
Blog:  http://TrademarkEsq.blogspot.com
Twitter:  @TMESQ