COLOUR GREEN #3 — 1062931

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COLOUR GREEN #3

Application number

1062931

Type(s)

Design

Category

Trademark

CIPO status

REFUSED - SECTION 38(8)

Filed

2000-06-09

Current owner

Henkel Canada Corporation (a Nova Scotia limited liability company)
165 Rexdale Boulevard
Etobicoke
ONTARIO M9W1P7

Agent

BENNETT JONES LLP
SUITE 3400, ONE FIRST CANADIAN PLACE
P.O. BOX 130
TORONTO
ONTARIO M5X1A4

Applicant

Tape Specialties Limited
615 Bowes Road
Concord
ONTARIO L4K2J5

OLD OWNER

Tape Specialties Limited
615 Bowes Road
Concord
ONTARIO L4K2J5

OPPONENT (CASE CLOSED)

Canadian Technical Tape Ltd.
455 Cote Vertu
Montreal
QUEBEC H4N1E8

Agent

GOWLING WLG (CANADA) LLP
SUITE 2600, 160 ELGIN STREET
OTTAWA
ONTARIO K1P1C3

OPPONENT (CASE CLOSED)

3M Company
2501 Hudson Road
St. Paul, Minnesota 55144
UNITED STATES OF AMERICA

Agent

OSLER, HOSKIN & HARCOURT LLP
SUITE 1900
340 ALBERT STREET
OTTAWA
ONTARIO K1R7Y6

OPPONENT (CASE CLOSED)

Henkel Consumer Adhesives, Inc.
32150 Just Imagine Drive
Avon, Ohio 44011-1335
UNITED STATES OF AMERICA

Agent

GOWLING WLG (CANADA) LLP
SUITE 1600
1 FIRST CANADIAN PLACE
100 KING STREET WEST
TORONTO
ONTARIO M5X1G5

Trademark description

The trade-mark consists of the colour green applied to the whole of the visible surface of the particular roll of masking tape depicted in the drawing with the exception of the inner edge.


Vienna information (Code & Description)

9.1.7
Laces, braids, tapes, cords, ropes -- Note: See also 14.1.5.
29.1.3
Green
29.1.11
One predominant colour

Goods

  • (1) Masking tape.

Classification data

Disclaimer

The classification data is provided for information and searching purposes only. CIPO does not warrant the accuracy of the classes assigned to the trademark. This data has no legal value of any kind.

  • 17 - Rubber and rubber goods

Claims

  • Used in CANADA since at least as early as 1993

Action History

Actions
Action Action date Due date Comments
Filed 2000-06-09
Created 2000-06-19
Formalized 2000-07-20
Search Recorded 2001-11-06
Examiner's First Report 2001-11-09 2002-03-09
Correspondence Created 2002-03-15 2002-07-15
Note to file 2002-04-17 Rescan drawing as per correspondence dated January 29, 2002.
Approved 2002-05-07
Advertised 2002-06-12 Vol.49 Issue 2485
Opposed 2002-07-31 Opposition Filed.
Change of Title Registered 2005-09-21 Assignment / Voir Preuve au dossier/See evidence on File No. 447728
Rep for Service Changed 2005-09-21 From: 3272 To: 616 / Voir Preuve au dossier/See evidence on File No. 1062739
Agent Changed 2005-09-21 From: 3272 To: 616 / Voir Preuve au dossier/See evidence on File No. 1062739
Clerical Correction 2007-12-13 Clerical correction / Voir Preuve au dossier/See evidence on File No. 447728
Refused - Awaiting Appeal 2008-08-11 Decision rendered in Opposition
Refused - Awaiting Appeal 2008-08-11 Decision rendered in Opposition
Refused - Subsection 38(8) 2008-11-20 Decision rendered in Opposition

Opposition History

Case # 1 : Canadian Technical Tape Ltd. - Closed

General Actions - Opposition
Action Action date Due date
Case Closed - Opponent Withdraws 2006-05-09
Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2002-09-27
S/O Filed 2002-11-12
S/O Fee Received 2002-11-12
S/O Forwarded for Review 2002-11-18
S/O Sent to Applicant 2002-11-19 2002-12-23
Note to File 2005-02-16
Counter Statement
Action Action date Due date
C/S Filed by Applicant 2002-12-23
Correspondence Created 2003-02-21 2003-03-14
C/S Served on Opponent 2003-03-20 2003-10-20
Extension of Time Granted to Applicant 2003-03-20
Evidence - Opponent
Action Action date Due date
Extension of Time Granted to Opponent 2003-04-10
Evidence Filed by Opponent 2003-08-14
Evidence Served on Applicant 2003-08-14 2004-03-14
Evidence - Applicant
Action Action date Due date
Extension of Time Granted to Applicant 2003-09-10
Administrative Delay 2003-12-04
Administrative Delay 2004-05-14
Administrative Delay 2004-06-09
Administrative Delay 2004-06-09
Administrative Delay 2004-10-15
Administrative Delay 2005-02-16
Administrative Delay 2005-08-17
Deadline to File Applicants Evidence 2005-10-11
Cross Examination by Applicant
Action Action date Due date
Cross Examination of Opponent Requested 2003-08-27
Correspondence Created 2003-09-11 2003-10-02
Cross Examination Order on Opponent 2003-09-11 2005-10-11
With Consent - Extension of Time Granted to Applicant 2003-12-04
With Consent - Extension of Time Granted to Applicant 2004-05-04
Cross Examination Letter Sent to Opponent - 4 + 4 Months 2004-06-09
With Consent - Extension of Time Granted to Applicant 2004-06-09
With Consent - Extension of Time Granted to Applicant 2004-10-15
With Consent - Extension of Time Granted to Applicant 2005-02-16
With Consent - Extension of Time Granted to Applicant 2005-08-17
Deadline - Cross Examination from Applicant 2005-10-11

Case # 2 : 3M Company - Closed

General Actions - Opposition
Action Action date Due date
Case Closed - Abandoned Section 38(7) 2008-11-20
Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2002-09-27
S/O Filed 2002-11-05
S/O Fee Received 2002-11-05
S/O Forwarded for Review 2002-11-18
S/O Sent to Applicant 2002-11-19 2002-12-23
Counter Statement
Action Action date Due date
C/S Filed by Applicant 2002-12-23
Correspondence Created 2003-02-21 2003-03-14
C/S Served on Opponent 2003-03-20 2003-10-20
Extension of Time Granted to Applicant 2003-03-20
Evidence - Opponent
Action Action date Due date
Extension of Time Granted to Opponent 2003-04-10
Evidence Filed by Opponent 2003-08-14
Evidence Served on Applicant 2003-08-14 2005-03-18
Evidence - Applicant
Action Action date Due date
Extension of Time Granted to Applicant 2003-09-10
Administrative Delay 2003-12-04
Administrative Delay 2004-04-21
Administrative Delay 2004-07-15
Administrative Delay 2004-12-07
Evidence Served on Opponent 2005-03-17 2006-03-22
Evidence Filed by Applicant 2005-03-17
With Consent - Extension of Time Granted to Applicant 2005-04-20
Reply Evidence
Action Action date Due date
Administrative Delay 2005-10-12
Extension of Time Granted to Opponent 2006-02-13
No Reply Evidence by Opponent 2006-04-22 2006-06-22
Written Arguments
Action Action date Due date
Written Argument Requested - Opponent 2006-09-22 2007-02-22
Written Argument Requested - Applicant 2006-09-22 2007-02-22
Correspondence Created 2006-09-28 2006-10-19
Extension of Time Granted to Applicant 2006-11-15
Extension of Time Granted to Opponent 2006-11-15
Written Argument Filed by Applicant 2007-01-09
Written Argument Filed by Opponent 2007-01-10
Correspondence Created 2007-02-19
Written Argument Exchanged 2007-02-19 2007-03-19
Correspondence Created 2007-02-19
Decision
Action Action date Due date
Decision - Application Refused 2008-07-11
Decision Transmitted to Parties 2008-07-31 2008-09-30
Oral Hearing
Action Action date Due date
No Oral Hearing Requested by Opponent 2007-02-28
Correspondence Created 2007-04-12 2007-03-20
Case Forwarded For Hearing 2007-05-24
Request for Oral Hearing by Applicant 2007-05-24
Extension of Time Granted to Applicant 2007-05-24
Correspondence Created 2008-04-11 2008-05-12
Oral Hearing Scheduled 2008-04-11 2008-05-12
Applicant Attending Hearing 2008-05-05
Opponent Attending Hearing 2008-05-06
Note to File 2008-06-05
Case Forwarded for Decision 2008-06-10
Amended Statement of Opposition
Action Action date Due date
Amended S/O Served on Applicant 2005-11-02
Amended S/O Filed by Opponent 2005-11-02
Correspondence Created 2006-05-09
Amended S/O Accepted 2006-05-09
Amended Counter Statement
Action Action date Due date
Amended C/S Served on Opponent 2005-11-16
Amended C/S Filed by Applicant 2005-11-16
Correspondence Created 2006-05-09
Amended C/S Accepted 2006-09-20
Correspondence Created 2006-09-20
Cross Examination by Opponent
Action Action date Due date
Correspondence Created 2005-04-22
Cross Examination Order on Applicant 2005-04-22 2005-11-22
Cross Examination Letter Sent to Applicant - 4 + 4 Months 2005-04-22
With Consent - Extension of Time Granted to Opponent 2005-10-12
Cross Examination Transcripts Filed by Opponent 2005-11-16
Cross Examination Undertakings Filed by Opponent 2005-11-16
Cross Examination by Applicant
Action Action date Due date
Cross Examination of Opponent Requested 2003-08-27
Correspondence Created 2003-09-11 2003-10-02
Cross Examination Order on Opponent 2003-09-11 2004-11-11
Cross Examination Letter Sent to Opponent - 4 + 4 Months 2003-09-11
With Consent - Extension of Time Granted to Applicant 2003-12-04
With Consent - Extension of Time Granted to Applicant 2004-04-21
With Consent - Extension of Time Granted to Applicant 2004-07-15
Cross Examination Transcripts Filed by Applicant 2004-11-12

Case # 3 : Henkel Consumer Adhesives, Inc. - Closed

General Actions - Opposition
Action Action date Due date
Case Closed - Opponent Withdraws 2004-07-22
Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2002-09-27
S/O Filed 2002-11-12
S/O Fee Received 2002-11-12
S/O Forwarded for Review 2002-11-26
S/O Sent to Applicant 2002-12-17 2003-01-17
Correspondence Created 2003-01-30
S/O Sent to Applicant 2003-01-30 2003-02-28
Counter Statement
Action Action date Due date
C/S Served on Opponent 2003-02-07 2004-01-07
C/S Filed by Applicant 2003-02-07
Evidence - Opponent
Action Action date Due date
Extension of Time Granted to Opponent 2003-03-20
With Consent - Extension of Time Granted to Opponent 2003-09-08
With Consent - Extension of Time Granted to Opponent 2003-10-30
Evidence Filed by Opponent 2003-12-15
Evidence Served on Applicant 2003-12-15 2004-07-15
Evidence - Applicant
Action Action date Due date
Extension of Time Granted to Applicant 2004-04-01
Cross Examination by Applicant
Action Action date Due date
Cross Examination of Opponent Requested 2004-03-05
Correspondence Created 2004-04-01
Cross Examination Order on Opponent 2004-04-01 2004-08-01
Cross Examination Letter Sent to Opponent - 4 + 4 Months 2004-04-01
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