Live long and prosper, yeah right. CBS is gearing up its opposition to trademark registrations for VAPE LONG AND PROSPER and LIVE LONG & LOBSTER arguing that they are too similar to Star Trek’s LIVE LONG AND PROSPER mark.

The quote “live long and prosper” is synonymous with Star Trek. The blessing “live long and prosper” or “dif tor heh smusma” in the Vulcan language (as spoken in Star Trek: The Motion Picture) was spoken for the first time in the “Amok Time” episode of the original television show in 1967. Since that time, the phrase has repeatedly been used and has adorned numerous pieces of merchandise. It wasn’t until 2014 that CBS Studios, Inc. (the current owner of rights to the show) registered a trademark for the phrase. To date, CBS owns 10 registered marks for the LIVE LONG AND PROSPER mark covering many different classes of goods.

Within five days of each other at the beginning of this month, CBS filed and was granted extensions of time to oppose trademark registrations for marks that are quite similar to LIVE LONG AND PROSPER.

![Image of Pink Cloud](https://www.leelawservices.com/wp-content/uploads/2016/02/vap-185x300.jpg)

![Image Showing Live Long & Lobster truck. ](http://piratedthoughts.com/wp-content/uploads/2016/02/truck-300x169.jpg "Image Showing Live Long & Lobster truck. ")

First, Flavor Town Vapor, LLC out of Florida filed to register the intent to use mark VAPE LONG AND PROSPER in a class that covers chemical flavorings in liquid form used to refill electronic cigarette cartridges. Flavor Town produces numerous other flavor vape liquids such as “Zest” (sugar cookie with a twist of sweet lemon, “Pink Cloud” (yellow cake, strawberries, and vanilla custard), and “Tootzie”. Since this in an intent to use mark, the “Vape Long and Prosper” liquid is not yet being distributed to consumers.Second, The Immortal Lobster LLC, a food truck company out of South Carolina that sells, well, lobster, filed an intent to use mark for LIVE LONG & LOBSTER for t-shirts, hoodies and hats. The clothing is not yet being distributed but, as demonstrated by the picture, the company is already using the mark in connection with its business. By being granted extensions of time to oppose the marks, CBS has bought itself some time to decide what it wants to do. Requesting an extension is the usual first step that allows the parties time to try to work out a settlement, allows the opposer additional time to draft the opposition or even allows the opposer time to reevaluate its position and not even file an opposition in the first place. The Trademark Office will not permit registration of a mark if they deem it “confusingly similar” to an already in use mark. While many people would consider these two proposed marks just a parody of the famous *Star Trek* phrase, parody does not justify the registration of the mark before the Trademark Office. Because something is a parody, it can still be confusingly similar to a registered mark and therefore not granted registration. Parody is merely a defense to claims of infringement. The question for the Trademark Office here would be: if a consumer saw the VAPE LONG AND PROSPER mark on e-cig liquid or LIVE LONG & LOBSTER on a t-shirt, would they believe that those products are endorsed, licensed or anyway sponsored by CBS and *Star Trek*? If the answer is yes, the mark is not granted registration. We will have to wait until May to see if CBS decides to do battle with these two marks. ![Image showing Live Long and Prosper](http://piratedthoughts.com/wp-content/uploads/2016/02/spock.png "Image showing Live Long and Prosper")