THE BUTCHART GARDENS - Trademark Details
Status: 680 - Approved For Publication
Serial Number
88174851
Word Mark
THE BUTCHART GARDENS
Status
680 - Approved For Publication
Status Date
2022-02-09
Filing Date
2018-10-30
Mark Drawing
3000 - Illustration: Drawing or design which also includes word(s)/ letter(s)/number(s)
Typeset
Design Searches
050308, 050502, 050525 - More than one leaf, including scattered leaves, bunches of leaves not attached to branches. Roses. Other flowers including daffodils and irises.
Published for Opposition Date
2021-09-21
Attorney Name
Law Office Assigned Location Code
L10
Employee Name
CAYCEDO, CATHERINE ANN
Statements
Indication of Colors claimed
Color is not claimed as a feature of the mark.
Disclaimer with Predetermined Text
"GARDENS" FOR INTERNATIONAL CLASSES 9, 16, 25, 35, 41, AND 43
Description of Mark
The mark consists of the stylized wording "THE BUTCHART GARDENS" with a stylized flower to the upper left.
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) souvenir collector spoons
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) pre-recorded DVDs featuring images and information regarding plants, flowers, gardens and gardening; decorative fridge magnets; decorative magnets; mousepads
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) key rings
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) address books; art prints; pens; pencils; calendars; postcards; greeting cards; note books; note cards; note paper; writing paper; notepads; drink coasters of paper
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) tote bags
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) drink coasters, not of paper or textile; mugs; travel mugs; shot glasses; water bottles sold empty
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) baseball caps; t-shirts; (Based on 44(e)) (Based on Intent to Use) sweatshirts
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) sew-on embroidered emblems
Goods and Services
(Based on 44(e)) (Based on Intent to Use) jellies and jams
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) tea
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) operation of a retail outlet featuring flower seeds and gift items
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) gardens for public admission; arranging and conducting guided garden tours; providing recreational areas in the nature of play areas for children; entertainment services, namely, live performances, namely, theatrical, musical and vocal performances by a musical artist, fireworks displays and electric night illuminations; entertainment in the nature of an amusement park ride, namely, a carousel; arranging and conducting seasonal guided garden tours by boat, for recreational purposes
Goods and Services
(Based on 44(e)) (Based on Use in Commerce) restaurant services
Classification Information
International Class
008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. - Hand tools and implements (hand-operated); cutlery; side arms; razors.
US Class Codes
023, 028, 044
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
008
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
009 - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus. - Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images; magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin-operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishing apparatus.
US Class Codes
021, 023, 026, 036, 038
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
009
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments. - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.
US Class Codes
002, 027, 028, 050
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
014
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
016 - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks. - Paper, cardboard and goods made from these materials, not included in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists' materials; paint brushes; typewriters and office requisites (except furniture); instructional and teaching material (except apparatus); plastic materials for packaging (not included in other classes); playing cards; printers' type; printing blocks.
US Class Codes
002, 005, 022, 023, 029, 037, 038, 050
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
016
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
018 - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery. - Leather and imitations of leather, and goods made of these materials and not included in other classes; animal skins, hides; trunks and travelling bags; umbrellas, parasols and walking sticks; whips, harness and saddlery.
US Class Codes
001, 002, 003, 022, 041
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
018
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
021 - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes. - Household or kitchen utensils and containers (not of precious metal or coated therewith); combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steelwool; unworked or semi-worked glass (except glass used in building); glassware, porcelain and earthenware not included in other classes.
US Class Codes
002, 013, 023, 029, 030, 033, 040, 050
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
021
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
025 - Clothing, footwear, headgear. - Clothing, footwear, headgear.
US Class Codes
022, 039
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
025
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
026 - Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers. - Lace and embroidery, ribbons and braid; buttons, hooks and eyes, pins and needles; artificial flowers.
US Class Codes
037, 039, 040, 042, 050
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
026
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
029 - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats. - Meat, fish, poultry and game; meat extracts; preserved, dried and cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
029
International Class
030 - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice. - Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee; flour and preparations made from cereals, bread, pastry and confectionery, ices; honey, treacle; yeast, baking-powder; salt, mustard; vinegar, sauces (condiments); spices; ice.
US Class Codes
046
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
030
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
035 - Advertising; business management; business administration; office functions. - Advertising; business management; business administration; office functions.
US Class Codes
100, 101, 102
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
035
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
041 - Education; providing of training; entertainment; sporting and cultural activities. - Education; providing of training; entertainment; sporting and cultural activities.
US Class Codes
100, 101, 107
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
041
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
International Class
043 - Services for providing food and drink; temporary accommodation. - Services for providing food and drink; temporary accommodation.
US Class Codes
100, 101
Class Status Code
6 - Active
Class Status Date
2018-11-14
Primary Code
043
First Use Anywhere Date
2009-01-00
First Use In Commerce Date
2009-01-00
Current Trademark Owners
Party Name
Party Type
10 - Original Applicant
Legal Entity Type
99 - Other (limited company (ltd.)).
Address
Please log in with your Justia account to see this address.
Correspondences
Name
Jennifer Fraser
Address
Please log in with your Justia account to see this address.
Prior Registrations
| Relationship Type | Reel Number |
| Prior Registration | 2310241 |
Foreign Application Information
| Filing Date | Application Number | Country | Foreign Priority Claim In |
| 2018-05-31 | 1902008 | Canada | True |
Trademark Events
| Event Date | Event Description |
| 2018-11-02 | NEW APPLICATION ENTERED IN TRAM |
| 2018-11-14 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| 2018-11-15 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| 2019-02-05 | ASSIGNED TO EXAMINER |
| 2019-02-08 | NON-FINAL ACTION WRITTEN |
| 2019-02-08 | NON-FINAL ACTION E-MAILED |
| 2019-02-08 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2019-07-12 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| 2019-07-18 | ASSIGNED TO LIE |
| 2019-07-30 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2019-07-30 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2019-08-06 | EXAMINERS AMENDMENT -WRITTEN |
| 2019-08-06 | EXAMINERS AMENDMENT E-MAILED |
| 2019-08-06 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| 2019-08-06 | EXAMINER'S AMENDMENT ENTERED |
| 2019-08-06 | SUSPENSION LETTER WRITTEN |
| 2019-08-06 | LETTER OF SUSPENSION E-MAILED |
| 2019-08-06 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| 2019-08-06 | ASSIGNED TO EXAMINER |
| 2020-02-27 | SUSPENSION CHECKED ¿ TO ATTORNEY FOR ACTION |
| 2020-04-06 | SUSPENSION INQUIRY WRITTEN |
| 2020-04-06 | INQUIRY TO SUSPENSION E-MAILED |
| 2020-04-06 | NOTIFICATION OF INQUIRY AS TO SUSPENSION E-MAILED |
| 2020-09-15 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| 2020-09-16 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2020-09-16 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2020-10-04 | SUSPENSION LETTER WRITTEN |
| 2020-10-04 | LETTER OF SUSPENSION E-MAILED |
| 2020-10-04 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| 2021-07-14 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| 2021-07-19 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| 2021-07-19 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| 2021-07-28 | SUSPENSION CHECKED ¿ TO ATTORNEY FOR ACTION |
| 2021-08-17 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| 2021-08-31 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| 2021-10-12 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| 2021-11-09 | NON-FINAL ACTION WRITTEN |
| 2021-11-09 | NON-FINAL ACTION E-MAILED |
| 2021-11-09 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| 2022-02-09 | EXAMINERS AMENDMENT -WRITTEN |
| 2022-02-09 | EXAMINERS AMENDMENT E-MAILED |
| 2022-02-09 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| 2022-02-09 | EXAMINER'S AMENDMENT ENTERED |
| 2022-02-09 | APPROVED FOR PUB - PRINCIPAL REGISTER |
