W BURGER BAR — 1443608

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Application number

1443608

Type(s)

Word

Category

Trademark

CIPO status

WITHDRAWN BY OWNER

TM5 status

DEAD/APPLICATION/ Withdrawn/Abandoned
The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.

Filed

2009-07-03

Applicant

W BURGER BAR INC.
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

OPPONENT (CASE CLOSED)

Starwood Hotels & Resorts Worldwide, Inc.
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

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

Actions
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

General Actions - Opposition
Action Action date Due date
Case Closed - Abandoned Section 38(7) 2015-08-18
Case Closed - Abandoned Section 38(7) 2015-10-09
Statement of Opposition
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
Counter Statement
Action Action date Due date
C/S Served on Opponent 2011-07-18 2011-11-21
C/S Filed by Applicant 2011-07-18
Evidence - Opponent
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
Evidence - Applicant
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
Reply Evidence
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
Written Arguments
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
Amended Application
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
Oral Hearing
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
Leave Evidence - Opponent
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
Cross Examination by Opponent
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
Cross Examination by Applicant
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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