ECOSMART — 1316642

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Application number

1316642

Type(s)

Word

Category

Trademark

CIPO status

ABANDONED - SECTION 38(7)

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DEAD/APPLICATION/ Withdrawn/Abandoned
The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.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

2006-09-15

Applicant

EcoSmart Foundation Inc.
501 - 402 West Pender Street
Vancouver
BRITISH COLUMBIA V6B1T6

Agent

SMITHS IP
SUITE 400 - 1367 WEST BROADWAY
VANCOUVER
BRITISH COLUMBIA V6H4A7

OPPONENT

Dixie Consumer Products LLC
133 Peachtree Street NE
Atllanta, Georgia 30303
UNITED STATES OF AMERICA

Agent

BLAKE, CASSELS & GRAYDON LLP
INTELLECTUAL PROPERTY GROUP
SUITE 4000, COMMERCE COURT WEST
199 BAY STREET
TORONTO
ONTARIO M5L1A9

OPPONENT (CASE CLOSED)

Esmart Group Pty Ltd

Agent

RIDOUT & MAYBEE LLP
250 University Avenue
5th Floor
Toronto
ONTARIO M5H3E5

Index headings

  • ECOSMART
  • ECO SMART

Authorization of use

The consent of EcoSmart Partnership is of record.


Goods

  • (1) Products used in association with the conservation of energy, water, fossil fuels, resources or land, namely blueprints and architectural designs for buildings; building products, namely window and window frames, doors, doorframes, prefabricated fireplaces and masonry fireplaces; buildings, namely residential houses, condominiums and multi-unit residential buildings, office buildings, hotels, schools, churches, commercial and retail buildings; building materials, namely concrete, precast concrete, insulated concrete forms, concrete admixtures, concrete finishers, portland cement, concrete mixes, cement replacement materials, namely fly ash, slag, silica fume, volcanic ash, rice husk ash, other pozzolans when used as supplementary cementing materials, lumber, bricks, architectural steel, straw bales, cob and masonry; electrical or electronic products, namely televisions, video and DVD players, personal stereos and stereo systems, laptops, computers and computer monitors, telephones and telephone systems, security and alarm systems and clocks; aggregrate, namely gravel, sand or other material when used as aggregate in concrete; caulking; coal fly ash; steel coatings; expansion joint fillers; wood, namely wood paneling and plywood; lumber; engineered wood products, namely wood flooring, wall panels and structural members made from reclaimed or recycled wood; fencing, namely chain-link fences, electric fences, erosion-control fences, gates, fencing panels, and snow fencing; flooring, namely hardwood flooring, carpeting, concrete floors, laminate flooring, linoleum flooring, marble flooring and floor tiles, stone flooring, tiles, vinyl flooring and vinyl floor tiles; insulation, namely acoustical building insulation and thermal insulation for buildings; roofing materials, namely tiles, shingles, panels, caulking, sealants, tar and adhesives and slate; roofing tiles; siding for buildings, namely aluminum siding, wood siding, steel siding and plastic siding; drains, namely building gutters and drain pipes; pipes, namely sewer pipes and water pipes; conduits, namely electrical conduits and plumbing conduits; wall coverings, namely tapestries and wallpaper; sealants, namely caulking and weather-stripping; appliances, namely microwave ovens, stoves and ovens, refrigerators and freezers, fans, humidifiers, dehumidifiers and space heaters; refrigerators; washers; dryers; storage tanks, namely water storage tanks and septic tanks; water filters, namely drinking water filters and water filters for general use water within a building; lights, namely light bulbs, lamps, light switches, ballasts, lighting systems, flood lights, security lights, tubes and reflectors used to bring light into a building; lighting fixtures; batteries, namely rechargeable batteries, A, AA and AAA batteries, watch batteries and battery chargers; skylights, namely building skylights; solar batteries; blinds, namely window blinds; shades, namely window shading systems and lamp shades; curtains, namely window curtains and shower curtains; energy meters, namely electricity meters; water meters; furniture, namely couches, chairs and tables (kitchen, dining room, coffee, bedside); carpets; wall fabric; furniture; paints, namely interior house paint, exterior house paint, stain, concrete paint, waterproofing paint, paint remover, paint stripper, paint thinner and paint primer; floor tiles; wall tiles; plumbing, namely hot water heaters and water boilers, plumbing fixtures, plumbing fittings, toilets, sinks, bathtubs and shower units; faucets; showerheads; toilets; water heaters; boilers, namely boilers for building heat supply and water heaters for building water supply; air conditioners; ducts, namely ventilation ducts, cooling and air conditioning ducts and heating ducts; water collection containers, namely rain barrels; chillers, namely building cooling systems; energy recovery ventilators, namely systems for improving air quality in buildings and HVAC systems; heat pumps; radiant flooring systems; ventilation fans; windows; towels, namely bathroom towels and beach towels; sheets, namely mattress covers, sheets, duvets, pillow cases and bed shams; pillows, namely bed pillows; alternative energy apparatus, namely photovoltaic panels, concentrating solar power (CSP) systems, thermal or other solar panels, wind turbines, tidal energy collecting devices, connectors and convertors for solar, wind or tidal energy equipment, geothermal devices, biomass heating systems and combined heat and power (CHP)/co-generation systems; compost bins; humidifiers; thermostats; household cleaning solutions; fireplaces; sheds; garden furniture; decorative garden figurines; garden sculptures; satellite dishes; skylights; solar panels; asphalt.
  • (2) Concrete.

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.

  • 3 - Bleaching, cleaning preparations and non-medicated cosmetics
  • 6 - Common metals
  • 7 - Machinery
  • 9 - Electrical, scientific and teaching apparatus and software
  • 11 - Environmental control items
  • 16 - Paper and printed goods
  • 17 - Rubber and rubber goods
  • 19 - Non-metallic building materials
  • 20 - Furniture, mirrors, articles not included in other classes
  • 24 - Textiles and textile goods
  • 27 - Floor coverings
  • 31 - Agricultural, horticultural and forestry

Claims

  • Used in CANADA since at least as early as 2001 on goods (2)
  • Proposed Use in CANADA on goods (1)

Action History

Actions
Action Action date Due date Comments
Filed 2006-09-15
Created 2006-09-18
Formalized 2006-09-18
Search Recorded 2006-12-27
Examiner's First Report 2006-12-27 2007-04-27
Extension of Time 2007-05-07 2007-10-27 Request Letter Date: 2007/04/26
Correspondence Created 2007-10-25
Extension of Time 2007-11-05 2008-04-27 Request Letter Date: 2007/10/26
Agent Name Changed 2007-11-27
Rep for Service Name Changed 2007-11-27
Correspondence Created 2008-08-28 2008-12-28
Correspondence Created 2008-10-29 2009-02-28
Correspondence Created 2008-12-30 2009-06-30
Correspondence Created 2009-04-14 2009-08-14
Approval Notice Sent 2009-08-26 2009-09-23
Approved 2009-10-15 APPROVED BY PROGRAM EX200M1
Advertised 2009-10-21 Vol.56 Issue 2869
Proposed Opposition 2009-12-21 Proposed Opposition Filed by receiving mail.
Opposed 2010-01-05 Opposition Created by filing a statement of Opposition.
Abandoned - Section 38 Opposition 2011-07-18 Deemed abandoned by Trade-marks Opposition Board

Opposition History

Case # 1 : Dixie Consumer Products LLC - Deemed Abandoned

General Actions - Opposition
Action Action date Due date
Rep for Service Changed 2011-07-18
Agent Changed 2011-07-18
Case Closed - Abandoned Section 38(7) 2011-07-18
Statement of Opposition
Action Action date Due date
S/O Filed 2009-12-21
S/O Fee Received 2009-12-21
S/O Forwarded for Review 2010-01-05
S/O Sent to Applicant 2010-01-21 2010-03-21
Counter Statement
Action Action date Due date
C/S Filed by Applicant 2010-02-11
C/S Served on Opponent 2010-02-11 2010-09-15
Evidence - Opponent
Action Action date Due date
With Consent - Extension of Time Granted to Opponent 2010-06-28
Partial Evidence Served on Applicant 2010-09-13
Partial Evidence Filed by Opponent 2010-09-13
Evidence Served on Applicant 2010-09-15 2011-05-18
Evidence Filed by Opponent 2010-09-15
Extension of Time Granted to Opponent 2010-09-23
Correspondence Created 2010-09-23 2010-10-14
Extension of Time Granted to Opponent 2010-10-05
Evidence - Applicant
Action Action date Due date
Extension of Time Granted to Applicant 2011-04-29
Deadline Expired - Applicants Evidence 2011-06-27 2011-07-27
Cross Examination by Applicant
Action Action date Due date
Cross Examination of Opponent Requested 2010-10-28
Cross Examination Order on Opponent 2010-11-18 2011-03-18
Correspondence Created 2010-11-18
Cross Examination Letter Sent to Opponent - 4 + 4 Months 2010-11-18

Case # 2 : Esmart Group Pty Ltd - Closed

Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2010-01-13
S/O Not Filed 2010-05-06
Date modified: