Lifesaving organisations seek 'lifeguard' trademark

The Royal Life Saving Society Australia (RLSSA) has moved to calm fears among industry operators following their application for a trademark for the word 'lifeguard'.

In August 2010, RLSSA applied to IP Australia, the Government organisation that administers Australia's intellectual property rights system, to trademark the word 'lifeguard' for clothing, merchandise, pharmaceutical preparations, printed materials, games, food and drinks.

The move followed a 2009 application by Surf Life Saving Australia (SLSA) to also trademark the word 'Lifeguard' in clothing, merchandise, pharmaceutical preparations and drinks. RLSSA initially opposed SLSA's application, but later withdrew their objections when the two bodies reached an agreement to share ownership of the word. SLSA subsequently had their trademark application accepted in February last year.

Explaining the SLSA application, SLSA Retail and Licensing Manager Greg Ross-Smith told Australasian Leisure Management that "we sought protection of the word Lifeguard from inappropriate use, such as souvenir tee-shirts saying 'Lifeguard' or when use of the word Lifeguard causes potential safesty issues.

"We do not want to restrict use of the word where its use would be appropriate and necessary."

With RLSSA's trademark application, councils and private companies fear that their use of the word Lifeguard may be restricted while training organisations have expressed concerns that they be prevented from publishing training materials that refer to Lifeguards.

In a media statement, Victorian-based lifesaving training company H2O Pro Pty Ltd expressed concerns that the RLSSA "are simply trying to reduce competition in the industry and prevent other organisations, including training providers, from offering similar products and services."

H2O Pro also suggests that if the RLSSA application is successful it could see "organisations such as ours … prevented from using the term 'Lifeguard' in our training materials. This will definitely hamper our ability to offer lifeguard courses and as a result competition in the vocational training market will be reduced and we may once again end up with a sole provider (monopoly) for pool Lifeguard training.

"Secondly, there is the potential impact on the use of the word Lifeguard by management agencies. While the RLSSA have indicated that they are not trying to prevent organisations using the word 'Lifeguard' on uniforms, the end result if they are successful with their application, is that they can restrict this use based on their definitions.

"So, is this a fair action or once again are the RLSSA trying to 'bully' parts of the industry so as to reduce competition and protect their market share? We have already seen attempts by the RLSSA to only recognise their qualifications and to use terminology in their supposedly industry guidelines (Guidelines for safe Pool Operation) which … does not recognise other organisations who offer similar products and services."

Other industry operators have also questioned the RLSSA's lack of consulation with industry stakeholders.

To calm the fears of industry operators over the RLSSA's trademark application, on 9th February RLSSA Chief Executive Rob Bradley (pictured) wrote to "industry colleagues" stating "I have received some further questions seeking clarification of the trademarking of Lifeguard and I hope this response will allay any concerns.

"I have spoken today with colleague Brett Williamson (CEO of Surf Life Saving Australia) and we can confirm that there is no restriction to anyone of the word 'Lifeguard'. The word 'Lifeguard' as written in text or as a name or heading is considered 'descriptive' and is not subject to the trademark.

"There will be no impact on any person or organisation using 'Lifeguard' in printed materials for education or training purposes or in describing their business name or activities.

"As stated in my previous response there has never been any intention by RLSSA to interfere with local government or private aquatic facility owners, operators, managers, manufacturers (or any other parties) wishing to use Lifeguard on uniforms or clothing for qualified lifeguards.

"In the RLSSA and SLSA applications for trade marking within each of the relevant classes the following words appear '...none of the foregoing being Lifeguard uniforms or clothing'."

On its website, SLSA is clear in stating how it views the value of its brand, referring to "our brand, built over 100 years on and off the beach, is represented formally by various logos, and properties such as the red and yellow patrol flags, patrol caps, patrol uniforms, and terms such as 'Surf Rescue', 'Surf Patrol' and 'Nipper'.

"Surf Life Saving uses these images and marks in a number of places and in many important ways; such as on our uniforms and equipment to designate official surf lifesavers and property, on licensed product such as our apparel range to let consumers know that they have purchased official merchandise, and we allow our partners and major sponsors to use these properties to show their association with Surf Life Saving.

"Unauthorised use of our registered trademarks or misrepresentation of an association with Surf Life Saving could create safety concerns, damage our reputation and harm our partner's rights, all of which could result in injury and loss of valuable financial support.

"As such we have taken measures to legally protect these images and marks. This allows us to take action in the prevention of the following types of activity:

• Use of our uniform by anyone that is not a trained lifesaver;
• Distribution of old and new uniforms by unauthorised vendors;
• Distribution of apparel items that in any way resemble our uniform, or that are intended for use in conjunction with our uniform;
• Unauthorised use of any of Surf Life Saving's registered trademarks in any commercial manner, or to suggest an endorsement by or association with Surf Life Saving."

In December last year, SLSA began to maximise the value of its brand when it launched its first wholly owned product, Surf Life Saving Sunscreen.

Branded with the distinctive red and yellow colours and carrying its logo, the sunscreen was made available in pharmacies across Australia immediately prior to the summer holidays.

Following the launch, Greg Ross-Smith told News Ltd, "we already had two separate licensing agreements for sunscreen (but) felt we would be better off launching our own brand."

The sunscreen is likely to be an important money earner for the volunteer organisation, outstripping the income from licensing its trademark to other sunscreen brands.

A radio, print and online advertising campaign to promote the product followed its launch.

For more information on the RLSSA's trademark application, contact RLSSA National Office on 02 8217 3111, E: info@rlssa.org.au

Click here to view the RLSSA application to IP Australia.

© Australasian Leisure Management 2011