LOCALE and Design — 1692586
Application number
1692586
Type(s)
Design
Category
Trademark
Section 37(3) notice
TMA851068
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This trademark application was refused, dismissed, or invalidated by the Office and this application is no longer active.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
2014-09-05
Applicant
1786328 Ontario Ltd
12981 Keele Street
King City
ONTARIO L7B1G2
Documents
Index headings
- LOCALE
Vienna information (Code & Description)
- 3.7.3
- Cocks, hens, chickens
- A 3.7.24
- Birds or bats stylized or personified
- 26.13.1
- Stains, spots, blots, brush strokes
Goods (Nice class & Statement)
- (1) Promotional items, namely shirts, t-shirts, sweatshirts, drinking glasses and hats, namely baseball caps and toques.
Services (Nice class & Statement)
(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
| 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 | |
| Refusal in accordance with Trademarks Opposition Board decision | 2019-07-18 | Decision rendered in Opposition |
Opposition History
Case # 1 : Joey Tomato's (Canada) Inc. - Closed
| 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 |