W BURGER BAR — 1443608
Application number
1443608
Type(s)
Word
Category
Trademark
CIPO status
WITHDRAWN BY OWNER
Filed
2009-07-03
Applicant
W BURGER BAR INC.
13 Heathdale Road
Toronto
ONTARIO M6C1M7
13 Heathdale Road
Toronto
ONTARIO M6C1M7
Agent
BERESKIN & PARR LLP/S.E.N.C.R.L., S.R.L.
SCOTIA PLAZA
40 KING STREET WEST
40th FLOOR
TORONTO
ONTARIO M5H3Y2
SCOTIA PLAZA
40 KING STREET WEST
40th FLOOR
TORONTO
ONTARIO M5H3Y2
OPPONENT (CASE CLOSED)
Starwood Hotels & Resorts Worldwide, Inc.
1111 Westchester Avenue
White Plains, New York
10604
UNITED STATES OF AMERICA
1111 Westchester Avenue
White Plains, New York
10604
UNITED STATES OF AMERICA
Agent
GOWLING WLG (CANADA) LLP
SUITE 2600, 160 ELGIN STREET
OTTAWA
ONTARIO K1P1C3
SUITE 2600, 160 ELGIN STREET
OTTAWA
ONTARIO K1P1C3
Disclaimer text
The right to the exclusive use of the word BURGER is disclaimed apart from the trademark.
Index headings
- W BURGER BAR
Goods
- (1) Prepared meats, namely kebabs, burgers, turkey, lamb, bison, chicken, steaks; seafood, namely, salmon, fish; vegetables, namely, vegetable burgers, fresh vegetables, salads, Greek salad, baked potatoes; salad dressings; breakfast burgers, namely, egg burgers, egg muffin, stews, soups, broths, chili, and chowder; sandwiches, namely, sandwiches, cookies, brownies, cakes, muffins, pies, waffles, candy, namely, chocolates, toffee, gum, sour candies, licorice, brittles, ties, fudges, puddings, cotton candy, candy apples, nuts, popcorn, donuts; frozen confections, namely bulk ice cream, ice cream bars, ice cream sandwiches, ice cream cakes, ice cream cookies, ice cream pies, sundaes, yogurt and frozen yogurt, ice cream cones, and ice cream on a stick.
- (2) Frozen non-alcoholic beverages, namely, slush type beverages, ice cream sodas; beverages, namely fruit juices, Non-alcoholic fruit drinks, alcoholic fruit drinks, fruit based soft drinks, soda-fountain confections, milk shakes, dairy based beverages, simulated diary beverages, and soft drinks.
Services
- (1) Wholesale sale of frozen confections, food, beverages, and confection products.
- (2) Restaurant services.
- (3) Offering technical assistance in the establishment and operation of restaurant franchises.
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.
- 29 - Meats and processed foods
- 30 - Staple foods
- 31 - Agricultural, horticultural and forestry
- 32 - Beer and non-alcoholic beverages
- 33 - Wines and spirits
- 35 - Advertising, marketing, promotional and business
- 43 - Accommodation, food and drink
Claims
- Proposed Use in CANADA
Action History
Action | Action date | Due date | Comments |
---|---|---|---|
Filed | 2009-07-03 | ||
Created | 2009-07-06 | ||
Formalized | 2009-07-10 | ||
Search Recorded | 2009-11-27 | ||
Examiner's First Report | 2009-11-27 | 2010-05-27 | |
Default Notice Sent | 2010-06-14 | 2010-08-16 | Defaulting Action Date: 2009/11/27 |
Default Removed | 2010-12-23 | ||
Approval Notice Sent | 2010-12-23 | 2011-01-20 | |
Approved | 2011-02-10 | APPROVED BY PROGRAM EX200M1 | |
Advertised | 2011-02-16 | Vol.58 Issue 2938 | |
Opposed | 2011-04-20 | Opposition Filed by receiving mail. | |
Rep for Service Changed | 2012-10-15 | From: 11738 To: 589 | |
Agent Changed | 2012-10-15 | From: To: 589 | |
Rep for Service Changed | 2015-05-21 | From: 589 To: 2502 | |
Agent Changed | 2015-05-21 | From: 589 To: 2502 | |
Withdrawn by Owner | 2015-08-18 | Withdrawn during Opposition |
Opposition History
Case # 1 : Starwood Hotels & Resorts Worldwide, Inc. - Closed
Action | Action date | Due date |
---|---|---|
Case Closed - Abandoned Section 38(7) | 2015-08-18 | |
Case Closed - Abandoned Section 38(7) | 2015-10-09 |
Action | Action date | Due date |
---|---|---|
S/O Fee Received | 2011-04-15 | |
S/O Filed | 2011-04-15 | |
S/O Forwarded for Review | 2011-05-11 | |
S/O Sent to Applicant | 2011-05-17 | 2011-07-17 |
Action | Action date | Due date |
---|---|---|
C/S Served on Opponent | 2011-07-18 | 2011-11-21 |
C/S Filed by Applicant | 2011-07-18 |
Action | Action date | Due date |
---|---|---|
Extension of Time Granted to Opponent | 2011-12-05 | |
Evidence Filed by Opponent | 2013-02-05 | |
Evidence Served on Applicant | 2013-02-05 | 2013-04-05 |
Correspondence Created | 2013-03-14 |
Action | Action date | Due date |
---|---|---|
Correspondence Created | 2012-04-11 | |
Extension of Time Granted to Applicant | 2012-04-11 | |
Extension of Time Granted to Applicant | 2012-04-11 | |
Evidence Filed by Applicant | 2012-04-23 | |
Evidence Served on Opponent | 2012-04-23 | 2013-04-30 |
Administrative Delay | 2013-09-05 |
Action | Action date | Due date |
---|---|---|
Administrative Delay | 2012-10-10 | |
Administrative Delay | 2012-11-02 | |
Administrative Delay | 2013-03-13 | |
Reply Evidence Served on Applicant | 2013-04-30 | 2014-05-03 |
Reply Evidence Filed by Opponent | 2013-04-30 | |
Extension of Time Granted to Opponent | 2014-05-02 |
Action | Action date | Due date |
---|---|---|
Administrative Delay | 2013-12-10 | |
Administrative Delay | 2014-02-14 | |
Administrative Delay | 2014-04-22 | |
Note to File | 2014-05-02 | |
Administrative Delay | 2014-05-13 | |
Administrative Delay | 2014-05-15 | |
Written Argument Requested - Applicant | 2014-07-22 | 2014-10-22 |
Written Argument Requested - Opponent | 2014-07-22 | 2014-10-22 |
Extension of Time Granted to Applicant | 2014-08-21 | |
Extension of Time Granted to Opponent | 2014-08-21 | |
Extension of Time Granted to Applicant | 2014-10-02 | |
Written Argument Filed by Applicant | 2014-10-22 | |
Written Argument Filed by Opponent | 2014-10-23 | |
Correspondence Created | 2014-10-27 | |
Correspondence Created | 2014-10-27 | |
Written Argument Exchanged | 2014-10-27 | 2014-11-27 |
Action | Action date | Due date |
---|---|---|
Amendment to Goods/Services Received | 2011-07-17 | |
Correspondence Created | 2011-07-25 | |
Amended Application - Refused | 2011-07-25 | |
Correspondence Created | 2011-07-25 |
Action | Action date | Due date |
---|---|---|
Request for Oral Hearing by Applicant | 2014-11-14 | |
Request for Oral Hearing by Opponent | 2014-12-02 | |
Case Forwarded For Hearing | 2014-12-02 | |
Oral Hearing Scheduled | 2015-04-13 | |
Opponent Attending Hearing | 2015-05-11 | |
Applicant Attending Hearing | 2015-05-13 | |
Oral Hearing Cancelled | 2015-10-09 |
Action | Action date | Due date |
---|---|---|
Leave Evidence Served on Applicant | 2012-09-17 | |
Leave Evidence Filed by Opponent | 2012-09-17 | |
Leave Evidence Served on Applicant | 2012-09-28 | |
Leave Evidence Filed by Opponent | 2012-09-28 | |
Correspondence Created | 2012-10-15 | 2012-11-05 |
Correspondence Created | 2012-11-28 |
Action | Action date | Due date |
---|---|---|
Cross Examination Order on Applicant | 2012-05-28 | 2013-01-28 |
Correspondence Created | 2012-05-28 | |
Cross Examination Transcripts Filed by Opponent | 2012-09-28 | |
Correspondence Created | 2012-10-29 | |
Correspondence Created | 2012-11-02 | |
With Consent - Extension of Time Granted to Opponent | 2012-11-02 | |
Cross Examination Undertakings Filed by Opponent | 2012-11-28 | |
Cross Examination Undertakings Filed by Opponent | 2012-12-27 | |
Cross Examination Letter Sent to Applicant - 4 + 4 Months | 2013-01-14 | |
With Consent - Extension of Time Granted to Opponent | 2013-01-14 |
Action | Action date | Due date |
---|---|---|
Cross Examination of Opponent Requested | 2012-05-28 | |
Cross Examination Order on Opponent | 2012-05-31 | 2013-09-14 |
Correspondence Created | 2012-05-31 | |
Correspondence Created | 2012-07-06 | |
Correspondence Created | 2012-08-27 | |
Correspondence Created | 2012-10-29 | |
Note to File | 2012-10-29 | |
Cross Examination Letter Sent to Opponent - 4 + 4 Months | 2012-10-29 | |
Cross Examination Order on Opponent | 2013-03-14 | 2013-09-14 |
Cross Examination Order on Opponent | 2013-03-14 | 2013-09-14 |
Correspondence Created | 2013-03-14 | |
Cross Examination of Opponent Requested - Reply Evidence | 2013-07-02 | |
Correspondence Created | 2013-09-05 | |
Cross Examination Order on Opponent - Reply Evidence | 2013-09-05 | 2014-06-15 |
Cross Examination Letter Sent to Opponent - 4 Months Only | 2013-09-05 | |
Extension of Time Granted to Applicant | 2013-09-05 | |
Correspondence Created | 2013-10-24 | 2013-11-14 |
Correspondence Created | 2013-12-10 | 2014-02-21 |
Correspondence Created | 2014-02-13 | |
Administrative Delay | 2014-02-13 | |
Administrative Delay | 2014-02-13 | |
Cross Examination Transcripts Filed by Applicant - Reply Evidence | 2014-04-03 | |
Note to File | 2014-04-04 | |
Note to File | 2014-04-22 | 2014-05-03 |
Note to File | 2014-04-22 | |
Extension of Time Granted to Applicant | 2014-04-22 | |
Correspondence Created | 2014-05-02 | |
Correspondence Created | 2014-05-15 | |
Extension of Time Granted to Applicant | 2014-05-15 | |
Cross Examination Undertakings Filed by Applicant - Reply Evidence | 2014-06-03 |
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