STRIPED TOOTHPASTE DESIGN - GREEN/WHITE/BLUE STRIPES — 0760655
Application number
0760655
Type(s)
Design
Category
Trademark
CIPO Status
ABANDONED SECTION 40(3)
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Withdrawn/Abandoned
The owner of the trademark application withdrew (e.g. abandoned) the application and the application is no longer active.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
1994-08-02
Applicant
COLGATE-PALMOLIVE CANADA INC.,
Two Morneau Sobeco Centre
6th Floor
895 Don Mills Road
Toronto
ONTARIO M3C1W3
Agent
SMART & BIGGAR LP
1100-150 York Street
TORONTO
ONTARIO M5H3S5
Documents
Vienna information (Code & Description)
- 10.5.1
- Toothbrushes, dose of toothpaste
- 26.11.3
- More than two lines or two bands
- A 26.11.9
- Oblique lines or bands
- A 26.11.13
- Wavy lines or bands, zigzag lines or bands
- 29.1.3
- Green
- 29.1.4
- Blue
- 29.1.6
- White, grey, silver
Colour claim
The trade-mark consists of coloured stripes applied to toothpaste. The representation of a slug of toothpaste shown in dotted outline does not form part of the trade mark. The top stripe is green and the bottom stripe is blue, the ramineder being white. Colour is claimed as a feature of the mark.
Goods (Nice class & Statement)
- (1) Toothpaste.
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
Claims
- Proposed Use in CANADA
Action History
| Action | Action date | Due date | Comments |
|---|---|---|---|
| Filed | 1994-08-02 | ||
| Created | 1994-08-12 | ||
| Formalized | 1994-09-01 | ||
| Search Recorded | 1994-11-21 | ||
| Correspondence Created | 1995-01-11 | ||
| Examiner's First Report | 1995-01-11 | ||
| Approved | 1995-09-08 | ||
| Advertised | 1995-11-08 | Vol.42 Issue 2141 | |
| Opposed | 1995-12-29 | ||
| Correspondence Created | 1997-04-03 | 1997-04-24 | Extension Request Fee |
| Rep for Service Changed | 1999-11-19 | From: 29 To: 9681 | |
| Agent Changed | 1999-11-19 | From: 29 To: 9681 | |
| Amendment to Application | 2009-04-27 | Owner Address Change / Voir Preuve au dossier/See evidence on File No. 1387302 | |
| Opposition Removed | 2010-04-28 | File removed from Opposition back into Advertised. | |
| Allowed | 2010-04-30 | ||
| Allowance Notice Sent | 2010-04-30 | 2010-10-30 | |
| Extension of Time | 2010-09-30 | 2011-04-30 | Request Letter Date: 2010/09/24 |
| Extension of Time | 2011-05-10 | 2011-10-30 | Request Letter Date: 2011/04/29 |
| Extension of Time | 2011-10-14 | 2012-04-30 | Request Letter Date: 2011/10/04 |
| Extension of Time | 2012-04-25 | 2012-10-30 | Request Letter Date: 2012/04/17 |
| Extension of Time | 2012-10-29 | 2013-04-30 | Online Request Date: 2012/10/29 |
| Abandoned - Subsection 40(3) | 2013-05-22 |
Opposition History
Case # 1 : U L CANADA INC./UNILEVER PLC - Closed
| Action | Action date | Due date |
|---|---|---|
| Rep for Service Changed | 1999-11-05 | |
| Agent Changed | 1999-11-05 | |
| Case Closed - Opponent Withdraws | 2003-07-23 | |
| Agent Changed | 2003-07-23 | |
| Rep for Service Changed | 2003-07-23 |
Statement of Opposition
| Action | Action date | Due date |
|---|---|---|
| S/O Filed | 1996-04-04 | |
| S/O Forwarded for Review | 1996-04-22 |
Counter Statement
| Action | Action date | Due date |
|---|---|---|
| C/S Filed by Applicant | 1996-08-22 | |
| C/S Served on Opponent | 1996-08-22 | 1999-10-22 |
Evidence - Opponent
| Action | Action date | Due date |
|---|---|---|
| Extension of Time Granted to Opponent | 1997-01-02 | |
| Correspondence Created | 1997-04-03 | 1997-04-24 |
| Extension of Time Granted to Opponent | 1997-05-14 | |
| Extension of Time Granted to Opponent | 1997-10-03 | |
| Extension of Time Granted to Opponent | 1998-03-30 | |
| Extension of Time Granted to Opponent | 1998-09-25 | |
| With Consent - Extension of Time Granted to Opponent | 1999-03-17 | |
| With Consent - Extension of Time Granted to Opponent | 1999-09-24 | |
| Evidence Served on Applicant | 1999-11-18 | 2003-08-18 |
| Evidence Filed by Opponent | 1999-11-18 |
Evidence - Applicant
| Action | Action date | Due date |
|---|---|---|
| Correspondence Created | 2000-01-10 | 2000-01-31 |
| Extension of Time Granted to Applicant | 2000-01-19 | |
| With Consent - Extension of Time Granted to Applicant | 2000-06-08 | |
| With Consent - Extension of Time Granted to Applicant | 2000-11-24 | |
| With Consent - Extension of Time Granted to Applicant | 2001-06-27 | |
| With Consent - Extension of Time Granted to Applicant | 2001-12-10 | |
| With Consent - Extension of Time Granted to Applicant | 2002-05-30 | |
| With Consent - Extension of Time Granted to Applicant | 2002-12-05 | |
| With Consent - Extension of Time Granted to Applicant | 2003-07-04 |
Case # 2 : PROCTER & GAMBLE INC. - Closed
| Action | Action date | Due date |
|---|---|---|
| Agent Changed | 2004-01-27 | |
| Rep for Service Changed | 2004-01-27 |
Statement of Opposition
| Action | Action date | Due date |
|---|---|---|
| S/O Filed | 1996-04-03 | |
| S/O Fee Received | 1996-04-03 | |
| S/O Forwarded for Review | 1996-04-22 | |
| S/O Sent to Applicant | 1996-04-22 | 1996-08-22 |
Counter Statement
| Action | Action date | Due date |
|---|---|---|
| C/S Served on Opponent | 1996-08-21 | 1997-06-21 |
| C/S Filed by Applicant | 1996-08-21 | |
| Extension of Time Granted to Applicant | 2004-07-05 |
Evidence - Opponent
| Action | Action date | Due date |
|---|---|---|
| Extension of Time Granted to Opponent | 1997-01-02 | |
| Extension of Time Granted to Opponent | 1997-04-01 | |
| Evidence Filed by Opponent | 1997-06-23 | |
| Evidence Served on Applicant | 1997-06-23 | 2004-07-30 |
Evidence - Applicant
| Action | Action date | Due date |
|---|---|---|
| Administrative Delay | 1997-08-06 | |
| Administrative Delay | 1998-02-12 | |
| Administrative Delay | 1998-03-30 | |
| Administrative Delay | 1998-06-10 | |
| Administrative Delay | 1999-02-25 | |
| Administrative Delay | 1999-06-09 | |
| Administrative Delay | 2000-01-10 | |
| Administrative Delay | 2000-10-26 | |
| Administrative Delay | 2001-01-10 | |
| Extension of Time Granted to Applicant | 2001-02-01 | |
| With Consent - Extension of Time Granted to Applicant | 2001-06-27 | |
| With Consent - Extension of Time Granted to Applicant | 2001-08-23 | |
| With Consent - Extension of Time Granted to Applicant | 2001-12-19 | |
| With Consent - Extension of Time Granted to Applicant | 2002-07-18 | |
| With Consent - Extension of Time Granted to Applicant | 2003-01-07 | |
| With Consent - Extension of Time Granted to Applicant | 2003-06-27 | |
| With Consent - Extension of Time Granted to Applicant | 2004-01-14 | |
| Extension of Time Granted to Applicant | 2004-01-14 | |
| Evidence Filed by Applicant | 2004-07-28 | |
| Evidence Served on Opponent | 2004-07-28 | 2004-12-28 |
Reply Evidence
| Action | Action date | Due date |
|---|---|---|
| Extension of Time Granted to Opponent | 2004-09-13 | |
| No Reply Evidence by Opponent | 2005-02-18 | 2005-04-18 |
Written Arguments
| Action | Action date | Due date |
|---|---|---|
| Written Argument Requested - Opponent | 2005-06-01 | 2005-12-01 |
| Written Argument Requested - Applicant | 2005-06-01 | 2005-12-01 |
| Extension of Time Granted to Applicant | 2005-06-15 | |
| Extension of Time Granted to Opponent | 2005-06-21 | |
| With Consent - Extension of Time Granted to Applicant | 2005-11-08 | |
| With Consent - Extension of Time Granted to Opponent | 2005-11-08 | |
| Written Argument Filed by Opponent | 2005-12-01 | |
| Written Argument Filed by Applicant | 2005-12-01 | |
| Correspondence Created | 2005-12-13 | |
| Written Argument Exchanged | 2005-12-13 | 2006-01-13 |
| Correspondence Created | 2005-12-13 |
Decision
| Action | Action date | Due date |
|---|---|---|
| Decision - Opposition Rejected | 2007-01-03 | |
| Decision Transmitted to Parties | 2007-01-05 | 2007-03-05 |
Appeal
| Action | Action date | Due date |
|---|---|---|
| Appeal Initiated | 2007-03-05 | 2010-03-05 |
| Note to File | 2007-03-20 | |
| Administrative Delay | 2008-05-02 | |
| Administrative Delay | 2009-05-22 |
Oral Hearing
| Action | Action date | Due date |
|---|---|---|
| Request for Oral Hearing by Opponent | 2006-01-10 | |
| Request for Oral Hearing by Applicant | 2006-01-17 | |
| Case Forwarded For Hearing | 2006-01-17 | |
| Oral Hearing Scheduled | 2006-08-01 | 2006-09-01 |
| Applicant Attending Hearing | 2006-08-30 | |
| Opponent Attending Hearing | 2006-08-31 | |
| Note to File | 2006-11-30 | |
| Case Forwarded for Decision | 2006-12-11 |
Amended Statement of Opposition
| Action | Action date | Due date |
|---|---|---|
| Amended S/O Served on Applicant | 2004-10-05 | |
| Amended S/O Filed by Opponent | 2004-10-06 | |
| Amended S/O Accepted | 2004-11-12 | |
| Correspondence Created | 2004-11-12 | 2004-11-12 |
Amended Counter Statement
| Action | Action date | Due date |
|---|---|---|
| Amended C/S Served on Opponent | 2004-11-30 | |
| Amended C/S Filed by Applicant | 2004-11-30 | |
| Correspondence Created | 2004-12-21 | |
| Amended C/S Accepted | 2004-12-21 |
Cross Examination by Opponent
| Action | Action date | Due date |
|---|---|---|
| Cross Examination Order on Applicant | 2004-12-23 | 2005-04-23 |
| Correspondence Created | 2004-12-23 | |
| Cross Examination Letter Sent to Applicant - 4 Months Only | 2004-12-23 | |
| Note to File | 2005-06-01 |
Cross Examination by Applicant
| Action | Action date | Due date |
|---|---|---|
| Cross Examination of Opponent Requested | 1997-07-22 | |
| Cross Examination Order on Opponent | 1997-08-05 | 2001-01-30 |
| Extension of Time Granted to Applicant | 1998-02-12 | |
| Extension of Time Granted to Applicant | 1998-03-30 | |
| Extension of Time Granted to Applicant | 1998-06-10 | |
| With Consent - Extension of Time Granted to Applicant | 1999-02-25 | |
| With Consent - Extension of Time Granted to Applicant | 1999-06-09 | |
| With Consent - Extension of Time Granted to Applicant | 2000-01-10 | |
| With Consent - Extension of Time Granted to Applicant | 2000-06-21 | |
| Cross Examination Undertakings Filed by Applicant | 2001-01-02 | |
| Cross Examination Transcripts Filed by Applicant | 2001-01-02 | |
| With Consent - Extension of Time Granted to Applicant | 2001-01-10 | |
| Cross Examination Undertakings Filed by Applicant | 2001-01-30 |