Tuesday, December 18, 2018

Happy Holidays!...


Happy Holidays to you and yours!...

We hope you enjoy some time off to connect with family and friends as we welcome in the new year.

Respectfully,

Will Maguire,
Law Offices of William E. Maguire

Wednesday, July 11, 2018

Sparkling Water At The Beach + Trademarks...


Trademarks at the beach...  Today's featured trademark is a can of SIMPLY BALANCED® black cherry sparking water, ironically and simply balanced in the steady hand of a local beach lifeguard at Will Rogers State Beach, in Pacific Palisades, Calif.

Turns out that SIMPLY BALANCED® is an in-house brand for both food and beverages owned by Target Brands, Inc. which operates the national chain of TARGET® stores.

A cursory search of the TESS trademark database at the USPTO shows at least two trademark registrations covering sparkling water in International Class 32.  One is in standard character format and another is in stylized format for the following design (which is also featured in use in the above photo):


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One commentator recently opined that this TARGET® in-house brand is already cutting into the profit of industry sparkling water leader LA CROIX®.

Target started selling a line of flavored sparkling water through its in-house brand, Simply Balanced, a couple years ago."

x-ref:  https://www.delish.com/food-news/news/a53564/target-sparkling-water/
 
=====

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Friday, May 25, 2018

#INTA2018 SEATTLE: #Donuts and #Trademarks




#INTA2018 in Seattle, WA, was not just about #Trademarks and #MCLE credits and #Meetings with associates/clients. It was also an opportunity to conduct R&D on Donut Trademarks...

Friday, May 18:

After a mid day visit to #MOPOP (aka, the Museum of Popular Culture) at the Seattle Center... my next stop was TOP POT DOUGHNUTS®, which also happens to be a U.S. Federally registered service mark:


The classic Glazed Ring Donut with a cup of coffee below...


*** Trademarks include:

TOP POT®, in Class #30 for Bakery goods; coffee; tea; pastry; doughnuts.

TOP POT HAND FORGED DOUGHNUTS® (stylized) in bakery goods, coffee, doughnuts, pasty [, and tea]. 



Saturday, May 19:

The next morning on my way to the Convention Center from my hotel, I "just happened" along famed Seattle Donutery, MIGHTY-O DONUTS®...  The #sustainable #organic choice in donuts in Seattle!... and it is also registered with the USPTO.

The choice in donut below is the Award winning as best donut in Seattle, the Nutty French Toast!...


Sunday, May 20:

Sunday morning I stopped by again but this time I wore a vintage felt hat that I bought at a resale shop in downtown Seattle the previous evening...  Sorry, no label inside this beautiful hat so the jury is out on the brand name and trademark...

Donut:  Chocolate/Peanut Butter, below:


Monday, May 21:

Another nutty French Toast donut this morning... because it was so good!


*** Trademarks Include:

MIGHTY-O DONUTS® (stylized) in Class #21 for mugs and Class #35 for retail store services featuring organic donuts, coffee, mugs and t-shirts.



---

That evening, as an aside, I was asked if I would like Fries with my pizza at the E-Trademarks ListServ Reception... to which I responded, Why Yes, Thanks!...


Tuesday, May 22:

Chocolate Peanut and Chocolate Glaze and Chocolate Filling... along with a Mighty-O Donuts sticker and a cameo featuring some INTA swag in the form of a handy coin purse promoting the UNREAL campaign which focuses attention on #counterfeiting...


Wed., May 23:

The final day of #INTA2018... begins in the morning, once again, at MIGHTY-O DONUTS®:


Today, I tried something new as it was the last day... so I ordered the JELLY-O, a classic jelly donut filled with raspberry jelly.


Later that day in the afternoon after lunch and before the Grand Finale event at the Space Needle, I had to stop by again to the Holy Grail of Seattle Donuts, namely, TOP POT DOUGHNUTS®:





=====

Six additional pounds later, there will be no more donuts had by the undersigned until the First Friday in June... which is, of course, National Donut Day...

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com
Santa Monica, Calif.

***   ***   ***

Tuesday, May 08, 2018

Computer App as Trademark...


If you use a smartphone or a tablet, you know that there are thousands of apps that are available to expand the utility of these mobile devices.  Each app has a name that identifies it. In many cases, the owners of these apps also seek trademark registrations to protect these names.  Here is one example:

Word Mark ETHIQ
Goods and Services IC 009. US 021 023 026 036 038. G & S: Computer application software for mobile phones, namely, software for utilizing consumer-supplied data entries to provide insight about the specific merchants whose spending patterns are most consistent with the values of that consumer; Computer application software for electronic devices, namely, software for utilizing consumer-supplied data entries to provide insight about the specific merchants whose spending patterns are most consistent with the values of that consumer; Computer software for wireless content delivery; Computer software that allows people or organizations to create a voting event, vote on the issue, change their vote at will and track the input and display it in a unique graphical way; Interactive game software. FIRST USE: 20150720. FIRST USE IN COMMERCE: 20150720
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86426898
Filing Date October 17, 2014
Current Basis 1A
Original Filing Basis 1B
Published for Opposition March 17, 2015
Registration Number 4852458
Registration Date November 10, 2015
(extract of USPTO "TESS" record)

In other words, the name of the app, as well as the trademark, is ETHIQ®.  As reported on May 8, 2018 in the Santa Monica Daily Press, per its owner, Darren Bates, "In essence, it's a dating app but instead of matching you with men and women, it matches you with businesses that match your values."

---

Another example of an app, and one that is certainly famous world-wide is INSTAGRAM. There are multiple U.S. Federal trademark and service mark registrations for this mark as both an app and as computer software. Here is just one registration:

Word Mark INSTAGRAM
Goods and Services IC 042. US 100 101. G & S: Providing use of online temporary non-downloadable software for enabling transmission of images and audiovisual and video content; hosting on-line web facilities as websites and mobile sites for others for managing and sharing on-line content; providing information from searchable indexes and databases of information; providing search engines for obtaining data via communications networks; computer services, namely, creating virtual communities for registered users to participate in discussions and engage in social, business and community networking; computer services, namely, hosting electronic facilities for others for organizing and conducting meetings, events and interactive discussions via communication networks; application service provider (ASP) services, namely, hosting computer software applications of others; application service provider (ASP) featuring software to enable or facilitate the uploading, downloading, streaming, posting, displaying, blogging, linking, sharing or otherwise providing electronic media or information over communication networks; providing an online network service that enables users to transfer personal identity data to and share personal identity data with and among multiple websites; providing temporary use of non-downloadable software applications for social networking, creating a virtual community, and transmission of audio, video, photographic images, text, graphics and data; computer services in the nature of customized web pages featuring user-defined or specified information in the nature of personal profiles, audio, video, photographic images, text, graphics and data. FIRST USE: 20101006. FIRST USE IN COMMERCE: 20101006
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85983853
Filing Date June 20, 2013
Current Basis 1A
Original Filing Basis 1B
Published for Opposition March 11, 2014
Registration Number 4856047
Registration Date November 17, 2015
Owner (REGISTRANT) Instagram, LLC LIMITED LIABILITY COMPANY DELAWARE 1601 Willow Road Menlo Park CALIFORNIA 94025

=====

The takeaway for all of us is that don't stop with naming your app.  Be sure you can register your name as a trademark.  Don't just adopt a name and not check to see if it is already being used by someone else for similar goods or services.

 Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Monday, April 16, 2018

#Sustainable Brand & Trademark Of The Day

WORLD CENTRIC® branded compostable product
Today's featured sustainable brand and trademark is WORLD CENTRIC®, which makes compostable and biodegradable plates, bowls, cups, cutlery, trash bags, etc.  The mission of this company "is to provide sustainable products for a better world. The watchwords of sustainability - reduce, reuse, recycle - direct us towards our ultimate goal of a zero waste economy."

This company owns at least two U.S. trademark registrations, as follows:


Word Mark WORLD CENTRIC FOR A BETTER WORLD
Goods and Services IC 008. US 023 028 044. G & S: Compostable and biodegradable cutlery, namely, knives, spoons, forks. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901IC 016. US 002 005 022 023 029 037 038 050. G & S: Compostable and biodegradable paper pulp-based to-go containers for food; Grocery bags; Lawn and leaf disposal bags; Trash bags; Trash can liners. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
IC 021. US 002 013 023 029 030 033 040 050. G & S: Compostable and biodegradable plates, bowls, cups and trays. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 01.07.01 - Globes with outlines of continents
02.11.07 - Arms; Fingers; Hands; Human hands, fingers, arms
26.11.16 - Rectangles touching or intersecting
26.11.21 - Rectangles that are completely or partially shaded
26.19.01 - Spheres (geometric)
Serial Number 85038956
Filing Date May 14, 2010
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 12, 2011
Registration Number 3984020
Registration Date June 28, 2011
Owner (REGISTRANT) World Centric CORPORATION CALIFORNIA 101 H Street, Suite M Petaluma CALIFORNIA 94952
Attorney of Record Tracy-Gene G. Durkin
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the words "WORLD", "CENTRIC", and the phrase "For a better world". A design is positioned between the two words "WORLD" and "CENTRIC", consisting of two intersecting rectangles overlaid by a depiction of two opposing arms and hands reaching for or towards a spherical representation of the earth.
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

and

Word Mark WORLD CENTRIC
Goods and Services IC 008. US 023 028 044. G & S: Compostable and biodegradable cutlery, namely, knives, spoons, forks. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901IC 016. US 002 005 022 023 029 037 038 050. G & S: Compostable and biodegradable paper pulp-based to-go containers for food; Grocery bags; Lawn and leaf disposal bags; Trash bags; Trash can liners. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
IC 021. US 002 013 023 029 030 033 040 050. G & S: Compostable and biodegradable plates, bowls, cups and trays. FIRST USE: 20050901. FIRST USE IN COMMERCE: 20050901
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85038952
Filing Date May 14, 2010
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 12, 2011
Registration Number 3984019
Registration Date June 28, 2011
Owner (REGISTRANT) World Centric CORPORATION CALIFORNIA 101 H Street, Suite M Petaluma CALIFORNIA 94952
Attorney of Record Tracy-Gene G. Durkin
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE

===

I recently attended a sustainable technology conference and during the lunch break, the lunch boxes, including the containers and utensils provided, were WORLD CENTRIC® products (see photo above).  This is a terrific example of a company making a positive contribution for the planet and also acknowledging the importance of protecting their brand with trademark protection.


Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

***   ***   ***

Thursday, April 12, 2018

#Ignite22 2018: Sustainable Brands


Dateline: Thursday, April 12, 2018, San Pedro, Calif., on the occasion of the 2nd annual #Ignite22 Sustainable Tech Conference.


Below are some of the Sustainable Brands featured:

I.  Addressing Food Insecurity

ASPIRE Food Group - raises food-grade crickets, a valuable source of protein, on a commercial scale.

•  Tiny Farms - "Tiny Farms is an agricultural technology company working to harness the natural efficiency of earth's most efficient livestock - insects." (source: www.tiny-farms.com).

•  Pasturebird - raising chickens while implementing regenerative farming methods. "Pastured Poultry = chickens that live outside in a natural habitat (on grass, in the fesh air and shunshine with plenty of space to roam and forage).  By rotating the chickens to fresh pasture every single day, Pasturebird chicken is not only healthy and delicious but also goes beyond sustainability to rebuild healthy, regenerative soils and grasslands." (Source: www.pasturebird.com).


II.  Harnessing Renewable Energy

•  TerViva™ - "... grows a hardy orchard crop called pongamia. We restore productivity to idle agricultural land while generating clean energy, supporting local food production, and restoring environmental health." (source:  www.terviva.com).

•  CalWave - harnesses the renewable power of ocean waves to product electricity and freshwater.

•  eWind - "eWind is developing a cost-effective airborne wind energy system (AWES) - a wind energy generation system that uses flying drones to access more consistent, reliable winds at higher altitudes than those reached by traditional wind turbines. The drones fly within the wind, pull on a tether, and turn a generator on the ground to produce electricity." (source: www.ewindsolutions.com).


III.  Other Sustainable Brands

•  MOXIE - a NASA Mars Project to produce oxygen from the carbon-dioxide (CO2) gas in the Martian atmosphere (source: www.mars.nasa.gov).

•   PingThings - a venture-backed software company that utilizes big-data softward and data science techniques to the utility industry (source: https://www.crunchbase.com/organization/pingthings)

•  FREDsense Technologies - water quality assessment technology. FRED stands for "Field Ready Electrochemical Detector).

•  AQUAM - cost effective wastewater treatment.

•  Marine BioEnergy - advocates open ocean kelp farms.  This is a very exciting concept that should be widely adopted throughout the world because kelp is one of the most important factors in removing carbon dioxide (CO2) in our atmosphere.  Kelp is also said to be a carbon-neutral energy source and is also reportedly being used in livestock feed blends for cows which reduces their methane production significantly.  (x-ref: https://spectrum.ieee.org/energywise/energy/renewables/robotic-kelp-farms-promise-an-ocean-full-of-carbon-neutral-low-cost-energy  and  http://www.thatsfarming.com/news/kelp-benefits-livestock).

=====

There are many solutions to addressing and lowering the current dangerous level of CO2 gas in Earth's atmosphere.  This conference highlighted many sustainable brands and business models that if implemented can lead to a drawing down of said CO2.  Drilling for oil on land and on the ocean is not the solution. Indeed, the use of fossil fuel as an energy source needs to be reduced significantly and the quicker the better.

p.s.  And here is some additional Good News in an article published today, April 12, 2018, with respect to algae-forestry and bio-energy with carbon capture being combined to remove carbon dioxide from Earth's atmosphere -  https://phys.org/news/2018-04-algae-forestry-bioenergy-co2-thin-air.html

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

***   ***   ***

Friday, April 06, 2018

#Hershey + #Sustainable = #WhoKnew?

Google Image Search Result; Hershey's is a trademark of the Hershey Company

Dateline: Wed., April 4, 2018, the Los Angeles Times reports via Bloomberg that "Hershey goes for cocoa sustainability".  Which is GREAT NEWS, indeed!

Here is what this means...

First off, Hershey Chocolate & Confectionary Corporation (aka, Hershey) is a HUGE company and the fact that they have adopted and are going to continue to adopt #sustainable policies is an excellent example of good corporate and brand citizenship.  Just this example is going to lead to other large companies undertaking similar measures.

In terms of this recent article, Hershey has established a program called "Cocoa for Good" which "will invest (the) funds though 2030 to support four key areas: nourishing children, empowering youth, building prosperous communities and preserving natural ecosystems." Goals include eliminating child labor and increasing shade-grown cocoa.

Doesn't this just make you want to go out and buy a Hershey bar!?...

HERSHEY'S® is, of course, a world famous trademark. It is the trademarks that protect this brand name from being copied or misused by others.

In the U.S., one of the earliest trademark registrations for Hershey's, in stylized format, is as follows:


Word Mark HERSHEY'S
Goods and Services IC 030. US 046. G & S: CHOCOLATE, COCOA, SWEET CHOCOLATE, MILK CHOCOLATE, CHOCOLATE COATINGS, CHOCOLATELIQUORS, AND CHOCOLATE POWDER. FIRST USE: 18940101. FIRST USE IN COMMERCE: 18940101
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 71016827
Filing Date February 8, 1906
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 24, 1906
Registration Number 0054041
Registration Date June 19, 1906
Owner (REGISTRANT) HERSHEY, MILTON S. DBA HERSHEY CHOCOLATE COMPANY INDIVIDUAL DELAWARE Wheat Ridge(LAST LISTED OWNER) Hershey Chocolate & Confectionery Corporation CORPORATION DELAWARE Suite 204 4860 Robb Street Wheat Ridge
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record William J. Morris III
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 12C. SECT 15. SECTION 8(10-YR) 20160718.
Renewal 6TH RENEWAL 20160718
Live/Dead Indicator LIVE

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Below is an additional registration among numerous registrations owned by Hershey.

Word Mark HERSHEY'S
Goods and Services IC 030. US 046. G & S: 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
Current Basis 1A
Original Filing Basis 1A
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
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record MARTHA L. CECIL-FEW
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
-----

Hershey is an example of a large corporation paying attention to the world in which it does business. Rather than simply exploiting the land and it's people to conduct business, Hershey has stepped up and acknowledged its place in the world as a corporate citizen. Doing the right thing will also serve to enhance the value of its brands.

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

***   ***   ***

Thursday, April 05, 2018

#SkiPass #Trademarks #FYI...

Chair 23, Mammoth Mountain
Consolidation, Collaboration, Confusion...  The Three C's, as it were, are confronting die-hard skiers across the U.S. as ski resorts merge and build out multiple venue season ski passes.  In California, thousands of skiers annually visit Mammoth Mountain and have purchased annual ski passes for many years.  The beloved MVP Pass, however, has now been replaced by the IKON PASS. A period of #confusion ensued for the Mammoth faithful but the consensus seems to now be that the IKON PASS is the best option for those who ski principally at Mammoth.

Mammoth Mountain, at Chair 2/The Mill
Since this is a #Trademark focused blog, we begin with a review of the pending U.S. Federal trademark and service mark application for IKON PASS:

Word Mark IKON PASS
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Lip balm; sunscreen preparationsIC 009. US 021 023 026 036 038. G & S: Decorative magnets
IC 014. US 002 027 028 050. G & S: Keychains; jewelry; watches; clocks; ornamental pins
IC 016. US 002 005 022 023 029 037 038 050. G & S: Bags; note cards and envelopes; gift wrap paper; books in the field of art; fiction books and non-fiction books on the topics of outdoor lifestyle, adventure, history, skiing and snowboarding, cooking, entertainment, architecture and design; printed materials, namely, magazines in the field of outdoor recreation and resort activities; works of art made of paper; illustrations; photographic prints; framed art prints; writing instruments; office supplies, namely, stationery, envelopes, wrapping paper, packaging materials made of paper, and adhesive tape for stationery purposes; blank journals; notebooks; bookends; bookmarks; calendars and desktop planners; greeting cards; postcards; decals and stickers; pen or pencil holders
IC 021. US 002 013 023 029 030 033 040 050. G & S: Mugs; coasters; household and kitchen goods, namely, drinking glasses, shot glasses, bottle openers, wine openers
IC 025. US 022 039. G & S: Clothing, namely, base layers, vests, shirts, t-shirts, sweatshirts, robes, bathrobes, jackets, ski pants, cycling jerseys, socks, belts, gloves; headwear, namely, visors, caps, hats and beanies; footwear
IC 028. US 022 023 038 050. G & S: Christmas tree ornaments; snow globes; plush toys; sporting goods and equipment, namely, skis, snowboards, and ski poles
IC 035. US 100 101 102. G & S: Retail and online retail store services featuring ski lift access passes, clothing, ski and snowboard equipment and helmets, and ski and snowboard resort promotional items
IC 041. US 100 101 107. G & S: Ski resort services featuring a ski pass program
IC 042. US 100 101. G & S: Providing on-line non-downloadable computer software for providing information related to weather, snowfall, ski conditions and resorts
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 87670905
Filing Date November 3, 2017
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) ALTERRA MOUNTAIN COMPANY CORPORATION DELAWARE 1621 18TH STREET, SUITE 300 DENVER COLORADO 80202
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Ian L. Saffer
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
-----

Note: The multiple classes of goods and services included in this multi-class application.  This is a very carefully crafted application.

Alterra Mountain Company, a Delaware corp., based in Denver, CO, now own multiple ski resorts across the U.S., as well as in Canada.  Alterra has also partnered with additional independent ski resorts, as described below.

The IKON PASS, as promoted, offers:

Image Source:  https://www.ikonpass.com/en
Per the IKON PASS website:


"The Ikon Pass is the new standard in season passes for winter 2018/2019. North America’s top destinations have joined together to offer skiers and riders 12 destinations from Alterra Mountain Company and 14 premier destination partners. The Ikon Pass offers the opportunity to access unique terrain, join a like-minded community, and experience the most iconic mountains in North America."

-----

In terms of the branding effort and intellectual property effort in connection with the IKON PASS, the above-referenced pending trademark application is a very good example of marketing and legal working together to maximize value and to protect the owner's investment.

Respectfully submitted,
William E. Maguire

(photos by & Copyright Will Maguire 2018.)
***   ***   ***

Wednesday, April 04, 2018

#Sustainable #Clothing #Brands and #Trademarks


Today we take a look at a handful of clothing companies with business models that feature both ethical and sustainable goals.

The most obvious example is the world famous brand and trademark:

PATAGONIA®

Patagonia is a company with a company ethos of protecting the environment. Indeed, their website features the company's policy with respect to the "Environmental & Social Responsibility":
http://www.patagonia.com/environmentalism.html

In terms of protecting this famous clothing brand, Patagonia owns multiple U.S. trademark registrations.  It's earliest registration is from 1982, as follows:

Word Mark PATAGONIA
Goods and Services IC 025. US 039. G & S: Mens and Womens Clothing-Namely, Sweaters, Rugby Shirts, Walking Shorts, Trousers, Jackets, Mittens, Hoods and Rainwear. FIRST USE: 19740800. FIRST USE IN COMMERCE: 19740800
Mark Drawing Code (1) TYPED DRAWING
Serial Number 73256083
Filing Date March 31, 1980
Current Basis 1A
Original Filing Basis 1A
Published for Opposition November 17, 1981
Registration Number 1189402
Registration Date February 9, 1982
Owner (REGISTRANT) Great Pacific Iron Works, The CORPORATION CALIFORNIA 235 W. Santa Clara St. Ventura CALIFORNIA 93001(LAST LISTED OWNER) PATAGONIA, INC. CORPORATION BY ASSIGNMENT CALIFORNIA 259 WEST SANTA CLARA VENTURA CALIFORNIA 930010150
Assignment Recorded ASSIGNMENT RECORDED
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR). SECTION 8(10-YR) 20110919.
Renewal 2ND RENEWAL 20110919
Live/Dead Indicator LIVE
_____


EVERLANE®

"At Everlane, we want the right choice to be as easy as putting on a great T-shirt. That’s why we partner with the best, ethical factories around the world. Source only the finest materials. And share those stories with you—down to the true cost of every product we make. It’s a new way of doing things. We call it Radical Transparency."  https://www.Everlane.com/about

Everlane has also registered their trademark for several classes of goods, as follows:

Word Mark EVERLANE
Goods and Services IC 018. US 001 002 003 022 041. G & S: Leather bags, suitcases, wallets, purses, and cases; Backpacks, bookbags, beach bags, athletic bags, duffel bags, gym bags, messenger bags, and travelling bags; Luggage and luggage tags. FIRST USE: 20101103. FIRST USE IN COMMERCE: 20110701IC 025. US 022 039. G & S: Clothing, namely, shirts, t-shirts, polo shirts, button down shirts, sweaters, sweatshirts, hooded sweatshirts, jackets, coats, belts, jeans, pants, baby tees, tops, dresses, blouses, skirts, thermal shirts, shorts, socks, suits, ties, robes, swimwear, rainwear, sleepwear, scarves, beanies, hats, and caps; Footwear, namely, shoes and boots. FIRST USE: 20101103. FIRST USE IN COMMERCE: 20110701
IC 035. US 100 101 102. G & S: Retail store and on-line retail store services featuring clothing, accessories, footwear, bags, leather goods, sunglasses, fragrances, towels, blankets, electronics accessories, jewelry, and watches. FIRST USE: 20101103. FIRST USE IN COMMERCE: 20110701
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85701428
Filing Date August 12, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition January 15, 2013
Registration Number 4313012
International Registration Number 1281613
Registration Date April 2, 2013
Owner (REGISTRANT) Everlane, Inc. CORPORATION DELAWARE 2170 Folsom St. San Francisco CALIFORNIA 94110
Attorney of Record Karen A. Webb
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
_____

REFORMATION®

"We put sustainability at the core of everything we do. Our factory uses the most efficient, eco-friendly and pro-social technologies and practices we can get. We invest in green building infrastructure to minimize our waste, water, and energy footprints. By providing on-the-job training and opportunities for growth, we also invest in the people who make this revolution possible."
https://www.thereformation.com/pages/sustainable-practices 

Word Mark REFORMATION
Goods and Services IC 025. US 022 039. G & S: Apparel, namely, women's jackets, pants, dresses, skirts, suits, sweaters, jumpsuits, blouses, shirts, coats, vests, tank tops, blazers, bodysuits and t-shirts; fashion accessories, namely, scarves and belts; leather goods, namely, leather belts; and women's footwear, namely, espadrilles, shoes with wedge heels, mules, clogs, flip flops, pumps, sandals, dress shoes, sneakers and boots. FIRST USE: 20081211. FIRST USE IN COMMERCE: 20081211
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85328055
Filing Date May 23, 2011
Current Basis 1A
Original Filing Basis 1A
Published for Opposition December 27, 2011
Registration Number 4111272
International Registration Number 1351244
Registration Date March 13, 2012
Owner (REGISTRANT) LYMI LLC LIMITED LIABILITY COMPANY CALIFORNIA 412 Broadway, 5th Floor New York NEW YORK 10013(LAST LISTED OWNER) LYMI INC. CORPORATION DELAWARE 412 BROADWAY, 5TH FLOOR NEW YORK NEW YORK 10013
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Jun Hyuk (Zach) Hong
Type of Mark TRADEMARK
Register PRINCIPAL
Affidavit Text SECT 15. SECT 8 (6-YR).
Live/Dead Indicator LIVE
_____

 
PEOPLE TREE®

Image Source:  http://www.peopletree.co.uk/
Here is a brand and trademark that includes an extensive list of goods in numerous classes which demonstrates this company's broad vision in terms of their business model, as well as their social and environmental goals. Per Huffington Post, "People Tree has been sustainable for 26 years and counting, making them a pioneer in ethical fashion. They purchase the majority of their Fair Trade products from marginalized producer groups in the developing world and use natural resources throughout production to promote environmentally responsible initiatives for a sustainable future."

Word Mark PEOPLE TREE
Goods and Services IC 008. US 023 028 044. G & S: Tableware, namely, knives, forks and spoons, not of precious metal; nutcrackers not of precious metal IC 014. US 002 027 028 050. G & S: Personal ornaments, namely, earrings, necklaces, bracelets, rings, anklets, pendants, brooches, jewelry
IC 016. US 002 005 022 023 029 037 038 050. G & S: Paper and cardboard; paper patterns for garment making; banners of paper; flags of paper; printed matter, namely, magazines, books, booklets, posters on the subject of world trade structures, economic, social or environmental issues surrounding disadvantaged people or developing countries, sociopolitical or econo-political analysis of trade structures, environmental issues or developing countries and their inhabitants; books on fair trade; children's books on the subject of economic, social or environmental issues; photographs; photograph stands; stationery and study materials, namely, diaries, schedule books, calendars, letter writing paper, envelopes, gift cards and envelopes, notepaper, notebooks, wrapping paper
IC 018. US 001 002 003 022 041. G & S: Wallets; leather; bags and the like, namely, handbags, tote bags, rucksacks, sports bags, weekend bags, cosmetic pouches sold empty, name card cases, credit card cases and holders, business card cases, season ticket holders in the nature of ticket pouches, purses; vanity cases sold empty
IC 020. US 002 013 022 025 032 050. G & S: Blinds of paper; wind chimes
IC 021. US 002 013 023 029 030 033 040 050. G & S: Egg cups, napkin holders, napkin rings; coffee-pots, non-electric and not of precious metal; whisks; pepper pots, sugar bowls and salt shakers, not of precious metal; egg cups not of precious metal; napkin holders and napkin rings not of precious metal; serving trays, not of precious metal; toothpick holders not of precious metal; shakers, namely, for sugar, salt, flour, sesame, spices, flavorings and condiments; hand-operated coffee grinders and pepper mills; chopsticks; chopstick cases; ladles and dippers for kitchen use; lemon squeezers; cleaning tools and washing utensils for household and personal use, namely, brooms and dustpans; cosmetic and toilet utensils, namely, make-up brushes and applicators, hair brushes, combs; clothes brushes; shoe brushes; shoe horns; flower pots; watering cans; soap dispensers; toilet paper holders; piggy banks not of metal; fly swatters; candle extinguishers and candlesticks not of precious metal; perfume burners; bowls not of precious metal
IC 025. US 022 039. G & S: Clothing, namely, underwear, knickers, bras, camisoles, socks, vests, underpants, dresses, skirts, shirts, trousers, t-shirts, jersey tops, woven tops, coats, scarves, hats, blouses, sweatshirts, sweaters, pullovers, ties, jackets, gloves; belts for clothing; footwear; clothes for sports, namely, tracksuits; yoga wear, namely, shorts, sweatpants, t-shirts, sweatshirts and leotards; swimwear, tennis wear
IC 041. US 100 101 107. G & S: Educational and instruction services, namely, seminars, classes, panel discussions, workshops, and round table discussions, in the field of charitable work, arts, handicrafts, textiles and fabrics, economic and social development and environmental protection; educational and instruction services consisting of the presentation of films, videos and sound tracks, namely, live playback of recorded educational lectures, and recorded supporting educational materials such as recorded interviews, field footage and data, all in the fields of charitable work, arts, handicrafts, textiles and fabrics, economic and social development and environmental protection; planning arrangement of showing movies, shows, plays or musical performances; movie film production, and movie film distribution; presentation of live show performances and fashion shows; direction or presentation of plays; presentation of musical performances
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 77983119
Filing Date February 6, 2007
Current Basis 44E
Original Filing Basis 1B;44E
Published for Opposition August 30, 2011
Registration Number 4148263
Registration Date May 29, 2012
Owner (REGISTRANT) PEOPLE TREE FAIR TRADE GROUP LIMITED CORPORATION UNITED KINGDOM 17A Heneage Street 5 Huguenot Place London UNITED KINGDOM E15LN
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Diane Donnelly
Type of Mark TRADEMARK. SERVICE MARK
Register PRINCIPAL
Live/Dead Indicator LIVE
_____

OUTERKNOWN®

Last but not least, this is the clothing brand started by world famous surfer and celebrity, Kelly Slater.  In his own words, he states:

 https://www.outerknown.com/pages/sustainability

Here is the first U.S. trademark registration for OUTERKNOWN:

Word Mark OUTERKNOWN
Goods and Services IC 025. US 022 039. G & S: Apparel and clothing, namely, tops and bottoms; swimwear; headwear. FIRST USE: 20150715. FIRST USE IN COMMERCE: 20150715
Mark Drawing Code (5) WORDS, LETTERS, AND/OR NUMBERS IN STYLIZED FORM
Serial Number 86977774
Filing Date April 17, 2014
Current Basis 1A
Original Filing Basis 1B
Published for Opposition September 16, 2014
Registration Number 4883242
Registration Date January 5, 2016
Owner (REGISTRANT) Outerknown, LLC LIMITED LIABILITY COMPANY DELAWARE 9300 Jefferson Boulevard Culver City CALIFORNIA 90232
Attorney of Record Christine M. Baker
Description of Mark Color is not claimed as a feature of the mark. The mark consists of the word "OUTERKNOWN" in a stylized form.
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

note: Additionally, a second registration was secured for OUTERKNOWN in standard character format, which allows the Registrant to use the mark in any font style it chooses:

Word Mark OUTERKNOWN
Goods and Services IC 025. US 022 039. G & S: Apparel and clothing, namely, tops and bottoms; swimwear, headwear. FIRST USE: 20150715. FIRST USE IN COMMERCE: 20150715
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86255720
Filing Date April 17, 2014
Current Basis 1A
Original Filing Basis 1B
Published for Opposition September 16, 2014
Registration Number 5380847
Registration Date January 16, 2018
Owner (REGISTRANT) Outerknown, LLC LIMITED LIABILITY COMPANY DELAWARE 9300 Jefferson Boulevard Culver City CALIFORNIA 90232
Attorney of Record Christine M. Baker
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
 _____


CONCLUSION:

Just because a business is #sustainable does not mean that these business owners do not appreciate the value of their brands and intellectual property.  As the above brands illustrate, successful sustainable business models are keen on protecting their intellectual property.

Respectfully submitted,

William E. Maguire
www.TrademarkEsq.com

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#Sustainable #Sunscreen #Trademarks


As the reader may know, there are good sunscreens and then there are some not so good sunscreens...  Today we focus on three separate sunscreens that are reef-safe, e.g., their ingredients do not destroy coral reef systems in our oceans.

RAW ELEMENTS® is one example. Here is the USPTO "TESS" Record for the trademark registration that protects this brand of sunscreen:

Word Mark RAW ELEMENTS
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Sunscreen cream; Sunscreen creams; Waterproof sunscreen. FIRST USE: 20091020. FIRST USE IN COMMERCE: 20091020
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85749217
Filing Date October 9, 2012
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 2, 2013
Registration Number 4353344
Registration Date June 18, 2013
Owner (REGISTRANT) Raw Elements, LLC LIMITED LIABILITY COMPANY FLORIDA 201 Jefferson Ave, Unit 4A Miami Beach FLORIDA 33139
Attorney of Record Kas R. DeCarvalho, Esquire
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
-----

STREAM 2 SEA®

Word Mark STREAM 2 SEA
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Body and beauty care cosmetics; Cosmetic sunscreen preparations; Hair shampoos and conditioners. FIRST USE: 20140911. FIRST USE IN COMMERCE: 20140911IC 025. US 022 039. G & S: T-shirts. FIRST USE: 20140911. FIRST USE IN COMMERCE: 20140911
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86405263
Filing Date September 24, 2014
Current Basis 1A
Original Filing Basis 1A
Published for Opposition February 24, 2015
Change In Registration CHANGE IN REGISTRATION HAS OCCURRED
Registration Number 4735020
Registration Date May 12, 2015
Owner (REGISTRANT) Stream2Sea, LLC LIMITED LIABILITY COMPANY FLORIDA PO BOX 907 WAUCHULA FLORIDA 33873
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE

 -----
 
BADGER®

Image Source:  https://www.badgerbalm.com/c-24-natural-sunscreen.aspx


"Sunscreen washes off your body when swimming and enters the marine environment. Common chemical sunscreen ingredients, such as oxybenzone, can kill coral and damage coral reefs. Badger sunscreens do not have any of these harmful ingredients and they are safe for coral reefs."
https://www.badgerbalm.com/s-35-coral-reef-safe-sunscreen.aspx

In addition to other registrations, this company owns the following 
U.S. Federal trademark registration for BADGER®:

Word Mark BADGER
Goods and Services IC 003. US 001 004 006 050 051 052. G & S: Bar soap; Bath oils for cosmetic purposes; Body butter; Body oils; Lip balm; Massage oils; Natural soap bars; Non-medicated herbal body care products, namely, body oils, salves, and lip balms; Non-medicated ointments for the prevention and treatment of sunburn; Skin care preparations, namely, body balm; Sun block; Sun block preparations; Sun care lotions; Sun creams; Sun screen; Sun screen preparations; Sun-block lotions; Sunscreen cream; Sunscreen creams. FIRST USE: 20000120. FIRST USE IN COMMERCE: 20000120
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85182678
Filing Date November 22, 2010
Current Basis 1A
Original Filing Basis 1A
Published for Opposition April 12, 2011
Registration Number 3985525
International Registration Number 1082760
Registration Date June 28, 2011
Owner (REGISTRANT) W.S. Badger Company, Inc. CORPORATION NEW HAMPSHIRE 768 Route 10 Gilsum NEW HAMPSHIRE 03448
Attorney of Record Jonathan M. Shirley
Prior Registrations 2036929;2876356;2883711;AND OTHERS
Type of Mark TRADEMARK
Register PRINCIPAL
-----






Sustainable Edible Straws...

Edible straws?!...  Yes!... That is the goal of one company, LOLIWARE LLC.

Loliware LLC already makes the world's first edible, disposable cup.  It's founders are now focusing on addressing the plague of one-time plastic straws that pollute our oceans and landfills and which won't go away for approximately 200 years because they are not, from a practical standpoint, biodegradable.

Enter the LOLISTRAW, an edible straw made of algae that Loliware LLC states will be 100% plastic-free.  Currently in development with a crowdfund campaign on INDIEGOGO, this envisioned edible straw is one of several alternatives that can help the world shift away from one-time plastic straws.

Loliware LLC is also perceptive in addressing its intellectual property issues and have registered LOLIWARE for the following goods in the United States (per the USPTO database):

Word Mark LOLIWARE
Goods and Services IC 021. US 002 013 023 029 030 033 040 050. G & S: cups and drinkware. FIRST USE: 20121000. FIRST USE IN COMMERCE: 20140400IC 030. US 046. G & S: confectionaries made primarily of hydrocolloids and sugar in the shape of drink containers, drinkware and beverage ware. FIRST USE: 20121000. FIRST USE IN COMMERCE: 20140400
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 87566920
Filing Date August 13, 2017
Current Basis 1A
Original Filing Basis 1A
Published for Opposition December 19, 2017
Registration Number 5418056
Registration Date March 6, 2018
Owner (REGISTRANT) LOLIWARE LLC LIMITED LIABILITY COMPANY DELAWARE 36 Mason Cir. Beacon NEW YORK 12508
Attorney of Record Michael J. Leonard
Prior Registrations 4572824
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
-----

Word Mark LOLIWARE
Goods and Services IC 030. US 046. G & S: edible glassware, namely, edible confections made from sweetener in the shape of and functioning as glassware, dishware, servingware, and flatware. FIRST USE: 20121031. FIRST USE IN COMMERCE: 20140425
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 85567971
Filing Date March 13, 2012
Current Basis 1A
Original Filing Basis 1B
Published for Opposition September 4, 2012
Registration Number 4572824
Registration Date July 22, 2014
Owner (REGISTRANT) The Way We See The World LLC LIMITED LIABILITY COMPANY NEW YORK Suite 325-1 601 West 26th Street New York NEW YORK 10001(LAST LISTED OWNER) LOLIWARE LLC LIMITED LIABILITY COMPANY NEW YORK 36 Mason Circle Beacon NEW YORK 12508
Assignment Recorded ASSIGNMENT RECORDED
Attorney of Record Jennifer Lee Taylor
Type of Mark TRADEMARK
Register PRINCIPAL
Live/Dead Indicator LIVE
-----

Edible straws will hopefully enter the market as an alternative to one-time plastic straws and offer a better alternative than bioplastic straws which are said to break down into smaller pieces rather than disappear, further threatening wild life, sea life and polluting our oceans and landfills.  In the meantime, paper straws have seen a meteoric rise in their use and popularity and are a leading alternative to one-time plastic straws.

Sustainable business models will continue to grow and gain market share.  In setting a course for success, Loliware LLC's attention to its intellectual property is a very good example of thoughtful preparation and planning.

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

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Tuesday, April 03, 2018

Focus On Sustainable Trademarks

Today, we focus on three proprietary marks with sustainable attributes:

1.  FOREST STEWARDSHIP COUNCIL (FSC) - Certification Mark

Per their website, "FSC works to take care of our forests..."  "Being FSC certified means that your forest, or supply chain, is managed responsibly; ..."

     https://ic.fsc.org/en

In the U.S., there is a pending Certification Mark application on file at the USPTO, as follows:


Word Mark FSC
Goods and Services IC A . US A . G & S: Rubber; textiles, textile fibers, fabrics for textiles; coverings for furniture (not of leather); household linens, kitchen and table lines; curtains, towels; clothing (not of leather) developed with forest products sourced from responsibly managed forests, namely, shirts, undershirts, socks, trousers, camisoles, gloves, mittens, scarfs, head scarfs, jackets, pullovers, pyjamas, dresses, skirts, suits, aprons, hats; wooden shoes, soles for footwear; carpets, rugs; mats and matting, reed mats; wallpaper (textile), wallpaper
Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS
Design Search Code 05.01.02 - Maple tree; Trees or bushes with a generally rounded shape, including deciduous trees
05.01.25 - Cypress tree; Other trees or bushes; Willow tree
24.17.15 - Check marks
Serial Number 87704442
Filing Date December 1, 2017
Current Basis 1B
Original Filing Basis 1B
Owner (APPLICANT) FOREST STEWARDSHIP COUNCIL, A.C. asociaciĆ³n civil (a.c.) MEXICO Calle Margarita Maza de Juarez 422 68000-OAXACA MEXICO MEXICO
Attorney of Record Peter Kirschenbaum
Description of Mark Color is not claimed as a feature of the mark. The mark consists of an abstract tree above the letters FSC.
Type of Mark CERTIFICATION MARK
Register PRINCIPAL
Other Data The certification mark as used by authorized persons and firms certifies that the wood and paper products on which the mark is applied have been grown and processed in accordance with certification guidelines for forest management practices that adhere to rigid environmental and socioeconomic standards as established by the certifier. The certification mark as used by authorized persons and firms also certifies that the forest management, wood testing, processing and related services that have been performed in accordance with guidelines for forest management practices that adhere to strict environmental and socioeconomic standards as established by the certifier.
Live/Dead Indicator LIVE

=====

2. ECO-PRODUCTS®

In addition to other goods, this company offers compostable drinking straws. 
Renewable & Compostable Straws
Image source: Eco-Products website

"Straws so green, you can compost them. Eco-Products offers a complete line of compostable straws in a variety of sizes, colors, and either wrapped and unwrapped to match your needs and offer you a completely renewable beverage solution. Best of all, our straws are sturdy and certfied compostable in commercial compost facilities."

This product was brought to my attention yesterday at a restaurant in Santa Monica, Calif. that carries these Eco-Products compostable straws, each individually wrapped in a paper sleeve (see photo below):


In the U.S., this company owns a Federal service mark registration for ECO-PRODUCTS®, as follows:

Word Mark ECO-PRODUCTS
Goods and Services IC 035. US 100 101 102. G & S: Wholesale distributorship services featuring sustainable disposable hot cups, cold cups, paper food containers, food containers, plates and bowls, utensils, lids, hot cup sleeves, wooden stir sticks, straws, and bag liners. FIRST USE: 19901001. FIRST USE IN COMMERCE: 19901001
Standard Characters Claimed
Mark Drawing Code (4) STANDARD CHARACTER MARK
Serial Number 86028682
Filing Date August 5, 2013
Current Basis 1A
Original Filing Basis 1A
Published for Opposition January 21, 2014
Registration Number 4510133
Registration Date April 8, 2014
Owner (REGISTRANT) Eco-Products, Inc. CORPORATION COLORADO 4755 Walnut Street Boulder COLORADO 80301
Attorney of Record Christina DeAngelis
Prior Registrations 2783373;3555735
Type of Mark SERVICE MARK
Register PRINCIPAL-2(F)
Live/Dead Indicator LIVE

=====

3.  RIZ - sustainable board shorts made in London, UK.

     http://www.rizboardshorts.com/sustainability.php

"Every pair of our shorts is tailored from 100% recycled and recyclable fabric (plastic bottles). By offering a 25% discount on a new pair of shorts, we encourage you to donate your old unwanted shorts for us to repair, recycle or rehome."

=====

Respectfully submitted,

William Maguire
www.TrademarkEsq.com

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