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THE BUTCHART GARDENS
Live/Registered
REGISTERED

on 06 Sep 2022

Last Applicant/ Owned by

800 Benvenuto Avenue, Brentwood Bay

British Columbia

CA

V8M1J8

Serial Number

88174851 filed on 30th Oct 2018

Registration Number

6836068 registered on 06th Sep 2022

in the Principal Register

Correspondent Address

Jennifer Fraser

DYKEMA GOSSETT PLLC

1301 K STREET, N.W.

SUITE 1100 WEST

WASHINGTON, DC 20005

Filing Basis

1. intent to use

2. use application currently

Disclaimer

"GARDENS" FOR INTERNATIONAL CLASSES 9, 16, 25, 35, 41, AND 43

THE BUTCHART GARDENS

(Based on 44(e)) (Based on Use in Commerce) tea (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 nightRead More

Classification Information


Class [008]
Hand Tool Products


(Based on 44(e)) (Based on Use in Commerce) souvenir collector spoons


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [009]
Computer & Software Products & Electrical & Scientific Products


(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


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [014]
Jewelry Products


(Based on 44(e)) (Based on Use in Commerce) key rings


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [016]
Paper Goods and Printed Material


(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


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [018]
Leather Products (not including clothing)


(Based on 44(e)) (Based on Use in Commerce) tote bags


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [021]
Houseware and Glass Products


(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


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [025]
Clothing Products


(Based on 44(e)) (Based on Use in Commerce) baseball caps; t-shirts; (Based on 44(e)) sweatshirts


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [026]
Lace, Ribbons & Embroidery and Fancy Goods


(Based on 44(e)) (Based on Use in Commerce) sew-on embroidered emblems


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [029]
Meats and Processed Food Products


(Based on 44(e)) jellies and jams

Class [030]
Staple Food Products


(Based on 44(e)) (Based on Use in Commerce) tea


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [035]
Advertising, Business & Retail Services


(Based on 44(e)) (Based on Use in Commerce) operation of a retail outlet featuring flower seeds and gift items


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [041]
Education and Entertainment 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


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Class [043]
Restaurant and Hotel Services


(Based on 44(e)) (Based on Use in Commerce) restaurant services


First Use Date in General

31st Dec 2008

First Use Date in Commerce

31st Dec 2008

Mark Details


Serial Number

No 88174851

Mark Type

No Service Mark

Attorney Docket Number

No 066351-0017

44D Filed

No

44D Current

No

44E filed

No

44E Current

No

66A Filed

No

66A Current

No

Current Basis

No

No Basis

No

Design Code(s)

05.03.08 -

More than one leaf, including scattered leaves, bunches of leaves not attached to branches

05.05.02 -

Roses

05.05.25 -

Other flowers including daffodils and irises

Description of Design Search

The mark consists of the stylized wording "THE BUTCHART GARDENS" with a stylized flower to the upper left.

Legal History


Show more

Status DateAction Taken
06th Sep 2022NOTICE OF REGISTRATION CONFIRMATION EMAILED
06th Sep 2022REGISTERED-PRINCIPAL REGISTER
04th Aug 20221(B) BASIS DELETED; PROCEED TO REGISTRATION
01st Aug 2022CASE ASSIGNED TO INTENT TO USE PARALEGAL
06th Jul 2022NOTICE OF ALLOWANCE CANCELLED
06th Jul 2022TEAS POST PUBLICATION AMENDMENT RECEIVED
17th May 2022NOA E-MAILED - SOU REQUIRED FROM APPLICANT
22nd Mar 2022OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED
22nd Mar 2022PUBLISHED FOR OPPOSITION
02th Mar 2022NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED