| Serial Number | 86927497 |
| Word Mark | KWALITY SWEETS & RESTAURANT |
| Filing Date | Thursday, March 3, 2016 |
| Status | 713 - CANCELLED - SECTION 18 |
| Status Date | Monday, December 5, 2022 |
| Registration Number | 5337895 |
| Registration Date | Tuesday, November 21, 2017 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, April 4, 2017 |
| Goods and Services | Ice cream; Ice cream novelties and frozen dairy dessert products, namely, pies, logs, ice cream cakes made of combinations of ice cream and frozen confections, and ice cream cakes made with combinations of ice cream and nuts, fruits, wafers, waffles and custards; ice cream cones and ice cream products, namely, wafers, waffles, crackers and cookies with interlayers of ice cream, custards and fruit toppings; Ice cream products, namely, alternate layers of ice cream and cake covered with fruit syrup toppings; Pastries filled with ice cream, fruits and nuts covered with syrups; Frozen custards; Ices; Fruit juice ices; Ice cream sundaes; South Asian ice creams, namely, kulfi and falooda; Syrup for flavoring food or beverages; Extracts used as food flavoring; Ice milk; Cocoa; Coffee; Tea; Cakes; Pies; Pastries; Cookies; Biscuits; Confectionery, namely, chocolate confectioneries, sugar confectioneries, nut-based confectioneries, ice cream confectioneries, and sprinkles; Candy toppings; Topping syrup; Chocolate topping; Popcorn, candy; Freezes, namely, novelty food items comprised of shaved ice and a flavoured syrup topping; South Asian snack items, namely, chaat papri and bhel puri, composed primarily of fried dough; South Asian specialty teas, namely, royal kashmiri chai and royal zafrani chai; Prepared foods for take-out, namely, rotis, primarily consisting of bread; Prepared foods for take-out, namely, samosas; Prepared foods for take-out, namely, foods primarily consisting of curry sauce; Prepared foods for take-out, namely, sandwiches; Prepared foods for take-out, namely, breads; Prepared foods for take-out, namely, rice; Prepared foods for take-out, namely, chutneys; Prepared foods for take-out, namely, corn snacks; Prepared foods for take-out, namely, crispbread snacks; Prepared foods for take-out, namely, crackers; Prepared foods for take-out, namely, sesame seed biscuits; Prepared foods for take-out, namely, rice cake snacks; Prepared foods for take-out, namely, cereal snacks; Prepared foods for take-out, namely, sesame snacks; Sauces and condiments, namely, oyster sauce, fish sauce, soy sauce, satay sauce; Packaged take-out laddu, consisting primarily of flour; Packaged take-out kheers, consisting primarily of rice |
| Goods and Services | Educational training in the operations of restaurants and bars; Event planning services, namely, organizing and administering parties and celebrations for birthdays, stags, stagettes, engagements, weddings, proms and graduations for entertainment purposes |
| Description of Mark | The mark consists of the word "KWALITY" in bold cursive letters. Directly above the "w" there are three lines curved to the right which create a rainbow shape. At the end of the rainbow shape there are five filled in circles. The words "SWEETS & RESTAURANT" are directly below the word "KWALITY" and are in small letters. |
| Goods and Services | Yogurts; Milk shakes, Fruit toppings; South Asian yogurts, namely, lassi; South Asian milk shakes, namely, thandai and kesar badam; South Asian desserts, namely, barfi, ras malai, rabri, laddu and gulab jamun, consisting primarily of milk; Prepared foods for take-out, namely, pakoras, primarily consisting of chickpea; Prepared foods for take-out, namely, kabobs; Prepared foods for take-out, namely, satays, primarily consisting of skewered meats; Prepared foods for take-out, namely, vegetables; Prepared foods for take-out, namely, fruit; Prepared foods for take-out, namely, soups; Prepared foods for take-out, namely, salads, namely, vegetable salads; Prepared foods for take-out, namely, nut snacks; Prepared foods for take-out, namely, dried fruit snacks; Prepared foods for take-out, namely, dried vegetable snacks; Prepared foods for take-out, namely, dried fruit; Prepared foods for take-out, namely, nuts; Packaged take-out barfi, consisting primarily of milk; Packaged take-out kaju barfi, consisting primarily of cashews; Packaged take-out halwas, consisting primarily of milk; Packaged take-out kulfi, consisting primarily of milk; Candied fruit; Nut topping; Fruit topping; Whipped topping; Peanut butter topping |
| Pseudo Mark | QUALITY SWEETS AND RESTAURANT |
| Goods and Services | Clothing, namely, shirts, t-shirts, polo shirts, tank tops, jackets, sweaters, sweat shirts, sweatpants, work pants, coats, vests, and caps |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| Goods and Services | Retail ice cream store services; Retail store services featuring ice cream fountains; Online ordering system for South Asian snack foods, ice creams, desserts and beverages, provided a via website; Providing technical assistance in the nature of business management assistance in the establishment and operation of restaurants and bars and take-out food services |
| Goods and Services | Non-alcoholic beverages, namely, carbonated and non-carbonated soft drinks; Ice cream sodas; Mineral and aerated water; Soft drinks; Fruit and vegetable juices and nectars; Coconut-based beverages not being milk substitutes; Soy-based beverages not being milk substitutes; Non-alcoholic fruit cordials |
| Goods and Services | Providing information on restaurants featuring Punjabi cuisine via a website; Take-out food services featuring Punjabi cuisine; Catering services featuring Punjabi cuisine and bar services featuring Punjabi beverages; Ice cream parlor restaurant services; café, catering, delicatessen, restaurant and food preparation services; catering services |
| Disclaimer with Predetermined Text | "QUALITY" AND "SWEETS & RESTAURANT" |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 025 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 029 - Meat, fish, poultry and game; meat extracts; preserved, frozen, dried and cooked fruits and vegetables; jellies, jams, compotes; eggs, milk and milk products; edible oils and fats. |
| US Class Codes | 046 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 029 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| 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. |
| US Class Codes | 046 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 030 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 032 - Beers; mineral and aerated waters and other nonalcoholic drinks; fruit drinks and fruit juices; syrups and other preparations for making beverages. |
| US Class Codes | 045, 046, 048 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 032 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 035 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 041 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 3 - Sec. 18 - Entire Registration |
| Class Status Date | Monday, December 5, 2022 |
| Primary Code | 043 |
| First Use Anywhere Date | NOT AVAILABLE |
| First Use In Commerce Date | NOT AVAILABLE |
| Party Name | Kwality Sweets & Restaurant Ltd. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 03 - Corporation |
| Address | Brampton L6T1A7 CA |
| Party Name | Kwality Sweets & Restaurant Ltd. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 03 - Corporation |
| Address | Brampton L6T1A7 CA |
| Party Name | Kwality Sweets & Restaurant Ltd. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 03 - Corporation |
| Address | Brampton L6T1A7 CA |
| Event Date | Event Description |
| Monday, December 5, 2022 | CANCELLED SECTION 18-TOTAL |
| Monday, December 5, 2022 | CANCELLATION TERMINATED NO. 999999 |
| Thursday, December 1, 2022 | CANCELLATION GRANTED NO. 999999 |
| Monday, November 21, 2022 | COURTESY REMINDER - SEC. 8 (6-YR) E-MAILED |
| Thursday, September 15, 2022 | CANCELLATION INSTITUTED NO. 999999 |
| Tuesday, November 21, 2017 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, October 12, 2017 | EXTENSION OF TIME TO OPPOSE PROCESS - TERMINATED |
| Wednesday, May 3, 2017 | EXTENSION OF TIME TO OPPOSE RECEIVED |
| Tuesday, April 4, 2017 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, April 4, 2017 | PUBLISHED FOR OPPOSITION |
| Wednesday, March 15, 2017 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 14, 2017 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Monday, January 30, 2017 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Monday, January 30, 2017 | EXAMINER'S AMENDMENT ENTERED |
| Monday, January 30, 2017 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Monday, January 30, 2017 | EXAMINERS AMENDMENT E-MAILED |
| Monday, January 30, 2017 | EXAMINERS AMENDMENT -WRITTEN |
| Wednesday, January 11, 2017 | NOTIFICATION OF FINAL REFUSAL EMAILED |
| Wednesday, January 11, 2017 | FINAL REFUSAL E-MAILED |
| Wednesday, January 11, 2017 | FINAL REFUSAL WRITTEN |
| Monday, December 19, 2016 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, December 19, 2016 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Monday, December 19, 2016 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Tuesday, June 21, 2016 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, June 21, 2016 | NON-FINAL ACTION E-MAILED |
| Tuesday, June 21, 2016 | NON-FINAL ACTION WRITTEN |
| Thursday, June 16, 2016 | ASSIGNED TO EXAMINER |
| Thursday, March 10, 2016 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, March 9, 2016 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Monday, March 7, 2016 | NEW APPLICATION ENTERED IN TRAM |