ASIA MILES — 1271320

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Application number

1271320

Type(s)

Word

Category

Trademark

CIPO status

REFUSED - SECTION 38(8)

TM5 status

DEAD/APPLICATION/ Refused/Dismissed or Invalidated
This trademark application was refused, dismissed, or invalidated by the Office and this application is no longer active.

Filed

2005-09-08

Applicant

Cathay Pacific Airways Limited
8/F, North Tower
Cathay Pacific City
8 Scenic Road
Hong Kong International Airport
Lantau
HONG KONG

Agent

SMART & BIGGAR LLP
SUITE 900, 55 METCALFE STREET
P.O. BOX 2999, STATION D
OTTAWA
ONTARIO K1P5Y6

OPPONENT (CASE CLOSED)

Air Miles International Trading B.V.
PAPELAAN 85-W,
2252EG, VOORSCHOTEN,
NETHERLANDS

Agent

CASSELS BROCK & BLACKWELL LLP
SCOTIA PLAZA
SUITE 2100
40 KING STREET WEST
TORONTO
ONTARIO M5H3C2

Disclaimer text

The right to the exclusive use of the word ASIA is disclaimed apart from the trademark.


Index headings

  • ASIA MILES

Goods

  • (1) Newsletters; pamphlets; promotional materials, namely brochures and pamphlets & flyers; photographs and posters; brochures; baggage cards; postcards; membership cards; booklets; guides; paper folders; paper racks (for holding application forms); envelopes; writing papers; forms; luggage tag cards; printed matter, namely monthly statement and application forms and gift vouchers.
  • (2) Magazines.
  • (3) Advertising boards of paper or cardboard, countertop displays; display signs.
  • (4) Newspapers.
  • (5) Pens.
  • (6) Diaries.
  • (7) Note paper; note pads & cards.
  • (8) Cardboard; merchandise catalogues; periodicals; journals; manuals; packaging and wrapping materials; paper bags; plastic bags; greeting cards; leaflets.
  • (9) Paper wallets.
  • (10) Cardboard; magazines, inflight entertainment magazines; publications relating to travel and recreational information; merchandise catalogues; newsletters; periodicals; pamphlets; journals, manuals; advertisement boards of paper or cardboard; photographs; posters; paper bags, plastic bags; greeting cards, maps; calendars; announcement cards; playing cards; stickers; brochures.

Services

  • (1) Tourist office and travel agency services for arranging travel; package holiday services; transport of passengers' vehicles by air; car and truck rental and charter services; travel upgrade and club travel services; reservation services for travel by air, rail, sea and car rental; services provided by airlines in the nature of frequent flyer and bonus programs for frequent air travellers including membership privileges, loyalty recognition programs, club membership and the supply of benefits in connection with transportation and travel, including priority boarding, check-in, seating and reservation services, ticket upgrades, augmented frequent flyer mileage; planning, booking, ticketing and information services relating to travel and transport provided by electronic means and communication with customers; booking services for hotel accommodation.
  • (2) Provision of tourist information.
  • (3) Air passenger transport services; tourist office and travel agency services for arranging travel; package holiday services namely travel and hotel arrangement and reservation; provision of tourist information; air cargo transport services; courier services for cargo and goods; courier services for messages and letters; transport and delivery of goods by air; transport of passengers' vehicles by air; luggage storage services; vehicle rental and charter services; handling of baggage; booking services for hotel accommodation.

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.

  • 9 - Electrical, scientific and teaching apparatus and software
  • 16 - Paper and printed goods
  • 18 - Leather and artificial leather goods
  • 20 - Furniture, mirrors, articles not included in other classes
  • 26 - Sewing and decorative items including slide fasteners
  • 28 - Games, toys and playthings, sporting articles
  • 39 - Transportation and storage
  • 43 - Accommodation, food and drink

Claims

  • Used in CANADA since at least as early as February 1999 on goods (1) and on services (1)
  • Used in CANADA since at least as early as March 1999 on goods (2)
  • Used in CANADA since at least as early as January 2000 on goods (3)
  • Used in CANADA since at least as early as April 2002 on goods (4)
  • Used in CANADA since at least as early as 2002 on goods (5)
  • Used in CANADA since at least as early as 2000 on goods (6)
  • Used in CANADA since at least as early as 1999 on goods (7)
  • Used in CANADA since at least as early as November 2002 on goods (9)
  • Used in HONG KONG on goods (10) and on services (3)
  • Registered in or for HONG KONG on August 27, 1998, under No. 1999B16498 on goods (10)
  • Registered in or for HONG KONG on September 19, 1998, under No. 1999B15298AA on services (3)
  • Proposed Use in CANADA on goods (8) and on services (2)

Action History

Actions
Action Action date Due date Comments
Filed 2005-09-08
Created 2005-09-09
Formalized 2005-09-09
Search Recorded 2006-01-31
Examiner's First Report 2006-02-01 2006-06-01
Correspondence Created 2006-05-29 2006-09-29
Approved 2006-10-26
Advertised 2006-11-29 Vol.53 Issue 2718
Proposed Opposition 2007-01-31 Proposed Opposition Filed by receiving mail.
Opposed 2007-04-12 Opposition generated by creation of a S/O sent to Applicant.
Amendment to Application 2010-12-23 Owner Address Change / Voir Preuve au dossier/See evidence on File No. 502589
Refused - Awaiting Appeal 2012-05-03 Decision rendered in Opposition
Refused - Appeal in Progress 2012-07-05 Appeal Initiated by Opposition
Refused - Subsection 38(8) 2016-12-15 Decision rendered in Opposition

Opposition History

Case # 1 : Air Miles International Trading B.V. - Closed

General Actions - Opposition
Action Action date Due date
Case Closed - Abandoned Section 38(7) 2016-12-15
Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2007-02-08
S/O Fee Received 2007-03-19
S/O Filed 2007-03-19
S/O Forwarded for Review 2007-04-03
Note to File 2007-04-03
S/O Sent to Applicant 2007-04-12 2007-05-12
Note to File 2007-05-17
Counter Statement
Action Action date Due date
C/S Served on Opponent 2007-05-14 2007-12-14
C/S Filed by Applicant 2007-05-14
Evidence - Opponent
Action Action date Due date
Extension of Time Granted to Opponent 2007-06-23
Evidence Served on Applicant 2007-12-14 2008-07-14
Evidence Filed by Opponent 2007-12-14
Evidence - Applicant
Action Action date Due date
Extension of Time Granted to Applicant 2008-02-25
Evidence Filed by Applicant 2008-07-14
Evidence Served on Opponent 2008-07-14 2009-09-14
Reply Evidence
Action Action date Due date
Administrative Delay 2008-12-17
Reply Evidence Filed by Opponent 2009-06-11
Reply Evidence Served on Applicant 2009-06-11 2009-10-11
Administrative Delay 2009-07-06
Written Arguments
Action Action date Due date
Written Argument Requested - Opponent 2009-11-30 2010-04-30
Written Argument Requested - Applicant 2009-11-30 2010-04-30
With Consent - Extension of Time Granted to Opponent 2010-01-13
With Consent - Extension of Time Granted to Applicant 2010-01-13
Written Argument Filed by Applicant 2010-04-21
Written Argument Filed by Opponent 2010-04-30
Written Argument Exchanged 2010-05-27 2010-06-27
Correspondence Created 2010-05-27
Correspondence Created 2010-05-27
Decision
Action Action date Due date
Decision - Application Refused 2012-05-03
Decision Transmitted to Parties 2012-05-03 2012-07-03
Appeal
Action Action date Due date
Appeal Initiated 2012-07-03 2016-09-10
Administrative Delay 2013-08-08
Administrative Delay 2014-07-24
Appeal Initiated 2014-09-10 2016-09-10
Administrative Delay 2015-10-09
Administrative Delay 2016-04-06
Note to File 2016-09-07 2017-03-07
Oral Hearing
Action Action date Due date
Request for Oral Hearing by Opponent 2010-06-04
Request for Oral Hearing by Applicant 2010-06-22
Case Forwarded For Hearing 2010-06-22
Oral Hearing Scheduled 2011-08-16 2011-09-18
Correspondence Created 2011-08-16
Correspondence Created 2011-09-21
Oral Hearing Scheduled 2011-12-08 2012-02-28
Correspondence Created 2011-12-08
Case Forwarded for Decision 2012-03-28
Cross Examination by Opponent
Action Action date Due date
Correspondence Created 2008-09-18
Cross Examination Order on Applicant 2008-09-18 2009-05-18
Cross Examination Letter Sent to Applicant - 4 + 4 Months 2008-09-18
With Consent - Extension of Time Granted to Opponent 2008-12-17
Cross Examination Undertakings Filed by Opponent 2009-05-14
Cross Examination Transcripts Filed by Opponent 2009-05-14
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