SEARA & Design — 1504296

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SEARA & Design

Application number

1504296

Type(s)

Design

Category

Trademark

Section 37(3) notice

TMA502539 TMA769140

CIPO status

REFUSED IN ACCORDANCE WITH TRADEMARKS OPPOSITION BOARD DECISION

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This trademark application was refused, dismissed, or invalidated by the Office and this application is no longer active.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

2010-11-18

Applicant

Seara Alimentos Ltda.
Av. Marginal Direita do Tiete
500 - Bloco II
Subsolo - Sala 13
Vila Jaguara, Sao Paulo - SP
05118-100
BRAZIL

Agent

MOFFAT & CO.
P.O. Box 2088, Station D
Ottawa
ONTARIO K1P5W3

OPPONENT (CASE CLOSED)

Amira Enterprises Inc.
5375 Henri-Bourassa West,
Montreal
QUEBEC H4R1C1

Agent

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

Index headings

  • SEARA

Vienna information (Code & Description)

1.15.9
Luminous sources, rays, shafts of light
1.3.2
Other representations of the sun
A 1.3.13
Sun with inscriptions
A 1.3.15
Sun with rays constituted by rectilinear lines, sheaves of lines or bands
26.4.2
Rectangles
26.4.4
Other irregular parallelograms, trapezia and quadrilaterals, quadrilaterals containing one or more rounded corners
A 26.4.5
One quadrilateral
A 26.4.6
Quadrilateral figures with one or more convex or concave sides -- Note: Not including elongated surfaces with one or more convex or concave sides (25.3.1).
A 26.4.13
Quadrilaterals containing representations of heavenly bodies or natural phenomena
A 26.4.18
Quadrilaterals containing one or more letters
A 26.4.24
Quadrilaterals with dark surfaces or parts of surfaces

Goods

  • (1) Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats; ready meals based on meat dishes (beef, pork and poultry); semi ready meals based on meat dishes (beef, pork and poultry).

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

Claims

  • Proposed Use in CANADA

Action History

Actions
Action Action date Due date Comments
Filed 2010-11-18
Created 2010-11-18
Formalized 2010-11-24
Search Recorded 2011-05-31
Examiner's First Report 2011-05-31 2011-11-30
Correspondence Created 2012-01-18 2012-07-18
Approval Notice Sent 2012-08-22 2012-09-19
Approved 2012-10-11 APPROVED BY PROGRAM EX200M1
Advertised 2012-10-17 Vol.59 Issue 3025
Proposed Opposition 2012-12-14 Proposed Opposition Filed by receiving mail.
Opposed 2013-04-09 Opposition generated by creation of a S/O sent to Applicant.
Refused - Awaiting Appeal 2016-10-17 Decision rendered in Opposition
Refused - Appeal in Progress 2016-12-19 Appeal Initiated by Opposition
Amendment to Application 2016-12-20 Name and Address / Voir Preuve au dossier/See evidence on File No. 1504296
Refusal in accordance with Trademarks Opposition Board decision 2019-07-12 Decision rendered in Opposition

Opposition History

Case # 1 : Amira Enterprises Inc. - Closed

Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2013-01-22
S/O Filed 2013-03-18
S/O Fee Received 2013-03-18
S/O Forwarded for Review 2013-04-02
S/O Sent to Applicant 2013-04-09 2013-06-09
Counter Statement
Action Action date Due date
C/S Filed by Applicant 2013-05-16
C/S Served on Opponent 2013-05-16 2013-09-16
Evidence - Opponent
Action Action date Due date
Evidence Served on Applicant 2013-09-16 2014-10-16
Evidence Filed by Opponent 2013-09-16
Evidence - Applicant
Action Action date Due date
Extension of Time Granted to Applicant - Cooling-off 2014-02-03
Evidence Filed by Applicant 2014-10-16
Evidence Served on Opponent 2014-10-16 2014-11-16
Reply Evidence
Action Action date Due date
Reply Evidence Filed by Opponent 2014-11-17
Reply Evidence Served on Applicant 2014-11-18 2015-03-18
Written Arguments
Action Action date Due date
Written Argument Requested - Applicant 2015-03-24 2015-08-24
Written Argument Requested - Opponent 2015-03-24 2015-08-24
With Consent - Extension of Time Granted to Applicant 2015-05-14
With Consent - Extension of Time Granted to Opponent 2015-05-14
Statement - No Written Argument by Opponent 2015-08-21
Written Argument Filed by Applicant 2015-08-24
Correspondence Created 2015-09-03
Correspondence Created 2015-09-03
Written Argument Exchanged 2015-09-03 2015-10-03
Decision
Action Action date Due date
Case Forwarded for Decision 2015-10-01
Decision Transmitted to Parties 2016-10-17 2016-12-17
Decision - Application Refused 2016-10-17
Appeal
Action Action date Due date
Appeal Initiated 2016-12-16 2018-12-16
Administrative Delay 2018-01-31
Decision - Application Refused 2018-02-19
Appeal Initiated 2018-03-21 2019-03-21
Decision - Application Refused 2019-04-02
Note to File 2019-05-07 2019-12-15
Administrative Delay 2019-06-05
Oral Hearing
Action Action date Due date
No Oral Hearing Requested by Opponent 2015-10-05
No Oral Hearing Requested by Applicant 2015-10-05
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