Well, I went to the U.S. patent and trademarks office website
http://www.uspto.gov/#
and used (TESS) to search both live and dead trademarks
http://tess2.uspto.gov/bin/gate.exe?f=searchss&state=i8jopr.1.1
and found some interesting things regarding trademarks and surfboards.
It would appear that the simple use of a lightning bolt image is not in violation
of anyones trademark related to surfboards.
1)searched ‘lightning bolt’
words are associated with goods and services related to clothing.
Expired for wetsuits related to a broad category of water sports.
Expired for pendants,bracelets, certain jewelry.
LIVE:
the words ‘Lightning Bolt’
Goods & Services: surfboards; windsurfing boards; skateboards; kneeboards; wakeboards; skimboards, snow skis; snow ski poles; water skis; volleyballs; baseballs; softballs; tennis balls; basketballs; golf balls; footballs; soccer balls; paddle balls; baseball bats; tennis rackets; paddle ball rackets; and toys, namely, board games; toy cars; beach balls, kites and wind socks. FIRST USE: 19711201
Here is another current one:
Word Mark LIGHTNING BOLT Goods and Services IC 009. US 021 023 026 036 038. G & S: Eyeglasses including sunglasses. FIRST USE: 19980600. FIRST USE IN COMMERCE: 19980600
IC 014. US 002 027 028 050. G & S: watches. FIRST USE: 19980600. FIRST USE IN COMMERCE: 19980600
IC 024. US 042 050. G & S: towels. FIRST USE: 19980600. FIRST USE IN COMMERCE: 19980600
IC 025. US 022 039. G & S: T-shirts, footwear and caps. FIRST USE: 19750701. FIRST USE IN COMMERCE: 19750701
IC 028. US 022 023 038 050. G & S: Skateboards. FIRST USE: 19770700. FIRST USE IN COMMERCE: 19770700 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS----note words with design logo are trademarked.
searched ‘surfboard’ and found all surfboard companies with both current and dead trademarks:
found Dick Brewers wreath trademark expired in 1983
Word Mark DICK BREWER SURFBOARDS Goods and Services (CANCELLED) IC 028. US 022. G & S: SURFBOARDS (NOT MOTORIZED). FIRST USE: 19700430. FIRST USE IN COMMERCE: 19700430 Mark Drawing Code (3) DESIGN PLUS WORDS, LETTERS, AND/OR NUMBERS Serial Number 73082723 Filing Date April 5, 1976 Current Filing Basis 1A Original Filing Basis 1A Registration Number 1049128 Registration Date September 28, 1976 Owner (REGISTRANT) Brewer; Richard A. UNKNOWN Honolulu HAWAII
(LAST LISTED OWNER) RICHARD A. BREWER UNKNOWN 1732 KAPIOLANI BLVD. HONOLULU HAWAII 96814 Disclaimer NO CLAIM IS MADE TO THE EXCLUSIVE RIGHT TO USE “SURFBOARDS” APART FROM THE MARK AS SHOWN Type of Mark TRADEMARK Register PRINCIPAL Live/Dead Indicator DEAD Cancellation Date February 22,1983
Conclusion: no one owns the trademark concerning surfboards of either a wreath design or a lightning bolt.
Moreover, since I’m not out to deceive any consumers, much less even try to sell a board,
it looks like a lightning bolt is going on my next board!
