Vaughn's Summaries

"Surf City" Research
Copyright and Trademark Law

"Surf City USA" Errors
"Trademarks Granted" -
WRONG!
Or, "How Propaganda Can Determine
Legal Outcomes"

by Vaughn Aubuchon


U. S. Patent and Trademark Office (PTO) Registers

PTO
Register

Trademark Status

Principal
Register

Trademarks that have been Awarded, Granted, Owned, Won, etc. These entities have "Exclusive Rights."

Supplemental
Register

Trademarks that have been Applied For (Registered)

Merely registering does not confer exclusive rights.
Any trademarks recorded in the Supplemental Register typically remain there for 2 years, so that others may have the opportunity to challenge them. If there is no opposition, they can then "graduate" to the Principal Register.

Regarding trademark requests by the
Huntington Beach Convention and Visitors Bureau:
ALL
"Surf City USA" trademarks were "
REFUSED" on the Principal Register.

ALL
the Huntington Beach trademarks that have been "applied for" reside in the
SUPPLEMENTAL Register Only - NOT ONE has been "granted".

"Registration on the Supplemental Register does not give the registrant an exclusive right to do anything; it is simply a registration of a claim of trademark rights."
. . . Tyler Ochoa, Professor of Law
          Santa Clara University,
          Phi Beta Kappa, Stanford University

Who Has Gotten It Wrong?


Date
(Reverse chronological)
Article

Erroneous Text Wording

Future

The HBCVB must still demonstrate "Sufficient Evidence to Support the Claim of Acquired Distinctiveness"", if it is ever to graduate to the Principal Register. This may be difficult to do, due to substantial historical Santa Cruz evidence to the contrary. The vast bulk of "Surf City USA" references were generated in the recent past through the expenditure of massive funds. Can history be purchased? We'll see.

Jan. 18, 2008

Settlement - S.J. Mercury

"It's official: Santa Cruz is not Surf City USA"
(But "Original Surf City" is OK, it appears)

Dec. 19, 2007

San Jose Mercury

"claiming their exclusive trademark had been infringed upon"

Dec. 18, 2007

*Santa Cruz Sentinel

"The bureau owns a legitimate trademark" . . . Doug Traub

August 2007

The Orange Coast Voice

"now finally owns the rights to the much contested trademark of 'Surf City USA.'"

Apr. 12, 2007

Wall Street Journal Blog

"granting Huntington Beach the exclusive trademark rights"

April 7, 2007

Wall Street Journal

"Huntington Beach has been granted trademarks"

Mar. 20, 2007

Patent Trademark Office

TEAS Revoke Appointed Attorney
The HBCVB switches law firms.

Oct. 16, 2006

LAW.com

"that it had secured a trademark giving it exclusive use"
"When you own a trademark" . . . Doug Traub

Oct. 13, 2006

HB Independent

"when you win a trademark" . . . Doug Traub

Sept. 27, 2006

*LAW.com

"had awarded it exclusive use of the title"

Sept. 26, 2006

BBC News

" Officials were granted trademarks earlier this year"

Sept. 24, 2006

*FOX News

"awarded it exclusive use of the title"

Sept. 24, 2006

*CBS News

"awarded it exclusive use of the title"

Sept. 23, 2006

*Santa Cruz Sentinel

"had granted exclusive rights to use the Surf City USA moniker"

Sept. 1. 2006

*Orange County Register

"the trademarks we were granted" . . . Doug Traub

May 16, 2006

Daily Dose of IP

"The three registrations allow Huntington Beach sole rights"

May 15, 2006

Wall Street Journal Blog

"granted Southern California's Huntington Beach the exclusive trademark rights"

May 15, 2006

USA Today

"given rights to title 'Surf City USA"
"granted this town exclusive trademark rights"

May 15, 2006

*Orange County Register

"now officially owns the brand name Surf City USA"

May 14, 2006

*Santa Cruz Sentinel

"Huntington Beach lands trademark"
"Surf City USA is officially in Southern California" "granted this town exclusive trademark rights"

May 12, 2006

*Orange County Register

"city officially owns the brand name Surf City USA" - WRONG! and away we go.

^
|
|
|

* Old Broken Links removed
ALL the erroneous statements above originate from the HBCVB. The media then report these errors, over and over again. Mere wishful thinking, hot-air bluster, and misleading the press, do NOT secure trademarks. Only FACTS result in trademarks being awarded on the Principal Register.

.
Data from the
U.S. Patent and Trademark Office
May 2, 2006

Patent Trademark Office

Registration Certificate
The trademark request is recorded on the Supplemental Register, acknowledging the claim of the HBCVB.

Feb. 16, 2006

Patent Trademark Office

Response to Office Action -
"In response to the substantive refusal(s), please note the following:
Please amend application to seek registration on the Supplemental Register."

Feb. 7, 2006

Patent Trademark Office

Office Action Outgoing -
"Insufficient Evidence to Support the Claim of Acquired Distinctiveness"

Jun. 25, 2005

Patent Trademark Office

Office Action Outgoing -
"Registration
is refused"

Nov. 18, 2004

Patent Trademark Office

Application
"Trademark Application Principal Register"
Serial Number: 78518986

Return to the Main Surf City Santa Cruz webpage.

Show me the
Earliest References to Santa Cruz as "Surf City"

Surf City Santa Cruz Tee Shirt - frontSurf City Santa Cruz Tee Shirt

50

100

300 - 450



DISCLAIMER
The author has no relationship with any party mentioned on this page. The opinions expressed are those of the author, and he alone. I am not a legal expert. I do, however, believe that the opinions expressed above are legally correct. I welcome anyone to correct me.

-

top of page


Tags: surf city, trademark errors


Vaughn Aubuchon Author Bio

Vaughn's Summaries
©2007-08, 2018 Vaughn Aubuchon
www.vaughns-1-pagers.com
All Rights Reserved

Site Map

This Vaughns Surf City Trademark
page was last updated on 2018-06-13.