LOCALE and Design — 1692586

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LOCALE and Design

Application number

1692586

Type(s)

Design

Category

Trademark

Section 37(3) notice

TMA851068

CIPO status

REFUSED - SECTION 38(8)

Filed

2014-09-05

Applicant

1786328 Ontario Ltd
12981 Keele Street
King City
ONTARIO L7B1G2

Agent

BRUCE D. MARGLES
1595 SIXTEENTH AVENUE
SUITE 301
RICHMOND HILL
ONTARIO L4B3N9

OPPONENT (CASE CLOSED)

Joey Tomato's (Canada) Inc.
Suite 950 - 505 Burrard Street
Vancouver,
BRITISH COLUMBIA V7X1M4

Agent

MCCARTHY TETRAULT LLP
745 Thurlow Street, Suite 2400
VANCOUVER
BRITISH COLUMBIA V6E0C5

Index headings

  • LOCALE

Vienna information (Code & Description)

3.7.3
Cocks, hens, chickens
3.7.24
Birds or bats stylized or personified
26.13.1
Stains, spots, blots, brush strokes

Goods

  • (1) Promotional items, namely shirts, t-shirts, sweatshirts, drinking glasses and hats, namely baseball caps and toques.

Services

  • (1) Restaurant services, namely the preparation and service of foods and beverages in restaurant establishments, and the provision of entertainment namely, live musical performances and recorded background music;
  • (2) Restaurant services, namely the preparation and service of foods and beverages for takeout from restaurant establishments;
  • (3) Catering services; food ordering services from Internet website or by telephone; restaurant services and delivery services, namely, delivery of prepared foods and beverages; off-site catering services; operation of a website relating to food, drink and catering services; providing an online site featuring text, images, and ordering services in the field of food, drink and catering.

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.

  • 21 - Household goods and glass
  • 25 - Clothing, footwear, headgear
  • 35 - Advertising, marketing, promotional and business
  • 39 - Transportation and storage
  • 41 - Education and entertainment
  • 43 - Accommodation, food and drink

Claims

  • Used in CANADA since November 20, 2011

Action History

Actions
Action Action date Due date Comments
Filed 2014-09-05
Created 2014-09-05
Formalized 2014-09-10
Search Recorded 2015-03-13
Examiner's First Report 2015-03-13 2015-09-13
Approval Notice Sent 2015-07-02 2015-07-30
Approved 2015-08-20 APPROVED BY PROGRAM EX200M1
Advertised 2015-09-09 Vol.62 Issue 3176
Proposed Opposition 2015-11-06 Proposed Opposition Filed.
Opposed 2016-02-18 Opposition generated by creation of a S/O sent to Applicant.
Refused - Awaiting Appeal 2019-02-28 Decision rendered in Opposition
Refused - Subsection 38(8) 2019-07-18 Decision rendered in Opposition

Opposition History

Case # 1 : Joey Tomato's (Canada) Inc. - Closed

General Actions - Opposition
Action Action date Due date
Case Closed - Abandoned Section 38(11) 2019-07-18
Statement of Opposition
Action Action date Due date
Extension of Time Granted to Opponent 2015-11-16
S/O Filed 2016-02-05
S/O Fee Received 2016-02-05
S/O Sent to Applicant 2016-02-18 2016-04-18
S/O Forwarded for Review 2016-02-18
Correspondence Created 2016-06-10
S/O Sent to Applicant 2016-06-10 2016-08-10
Counter Statement
Action Action date Due date
C/S Filed by Applicant 2016-07-15
Correspondence Created 2016-07-19 2016-08-09
C/S Served on Opponent 2016-07-27 2016-11-27
Evidence - Opponent
Action Action date Due date
Evidence Filed by Opponent 2016-11-28
Evidence Served on Applicant 2016-11-28 2017-04-28
Evidence - Applicant
Action Action date Due date
Evidence Filed by Applicant 2017-03-24
Correspondence Created 2017-04-05 2017-04-26
Evidence Filed by Applicant 2017-04-28
Evidence Served on Opponent 2017-04-28 2017-05-28
Correspondence Created 2017-05-24
Extension of Time Granted to Applicant 2017-05-24
Reply Evidence
Action Action date Due date
Statement Filed - No Reply Evidence by Opponent 2017-06-02
Statement Served - No Reply Evidence by Opponent 2017-06-02 2017-09-02
Written Arguments
Action Action date Due date
Written Argument Requested - Applicant 2017-10-04 2017-11-04
Written Argument Requested - Opponent 2017-10-04 2017-11-04
Written Argument Filed by Opponent 2017-11-06
Written Argument Exchanged 2017-12-07 2018-01-07
Note to File 2017-12-07
Correspondence Created 2017-12-07
Correspondence Created 2017-12-07
Decision
Action Action date Due date
Case Forwarded for Decision 2018-01-07
Decision Transmitted to Parties 2019-02-28 2019-04-28
Decision - Application Refused 2019-02-28
Correspondence Created 2019-03-25
Oral Hearing
Action Action date Due date
No Oral Hearing Requested by Applicant 2018-01-07
No Oral Hearing Requested by Opponent 2018-01-07
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