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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