| Serial Number | 88174851 |
| Word Mark | THE BUTCHART GARDENS |
| Filing Date | Tuesday, October 30, 2018 |
| Status | 700 - REGISTERED |
| Status Date | Tuesday, September 6, 2022 |
| Registration Number | 6836068 |
| Registration Date | Tuesday, September 6, 2022 |
| Mark Drawing | 3000 - Illustration: Drawing or design which also includes word(s) / letter(s) / number(s) |
| Published for Opposition Date | Tuesday, March 22, 2022 |
| 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) 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 |
| 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) 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) souvenir collector spoons |
| Goods and Services | (Based on 44(e)) (Based on Use in Commerce) tote bags |
| Goods and Services | (Based on 44(e)) jellies and jams |
| 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) sew-on embroidered emblems |
| 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) baseball caps; t-shirts; (Based on 44(e)) sweatshirts |
| Indication of Colors claimed | Color is not claimed as a feature of the mark. |
| 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) 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) restaurant services |
| Disclaimer with Predetermined Text | "GARDENS" FOR INTERNATIONAL CLASSES 9, 16, 25, 35, 41, AND 43 |
| International Class | 008 - Hand tools and implements (hand-operated); cutlery; side arms; razors. |
| US Class Codes | 023, 028, 044 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 008 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 009 - Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments; apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity; 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 | Wednesday, November 14, 2018 |
| Primary Code | 009 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 014 - Precious metals and their alloys and goods in precious metals or coated therewith, not included in other classes; jewelry, precious stones; horological and chronometric instruments. |
| US Class Codes | 002, 027, 028, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 014 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| 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); printers' type; printing blocks. |
| US Class Codes | 002, 005, 022, 023, 029, 037, 038, 050 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 016 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| 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 traveling 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 | Wednesday, November 14, 2018 |
| Primary Code | 018 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 021 - Household or kitchen utensils and containers; combs and sponges; brushes (except paint brushes); brush-making materials; articles for cleaning purposes; steel-wool; 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 | Wednesday, November 14, 2018 |
| Primary Code | 021 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 025 - Clothing, footwear, headgear. |
| US Class Codes | 022, 039 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 025 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 026 - 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 | Wednesday, November 14, 2018 |
| Primary Code | 026 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| 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 | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 030 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 035 - Advertising; business management; business administration; office functions. |
| US Class Codes | 100, 101, 102 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 035 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 041 - Education; providing of training; entertainment; sporting and cultural activities. |
| US Class Codes | 100, 101, 107 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 041 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| International Class | 043 - Services for providing food and drink; temporary accommodations. |
| US Class Codes | 100, 101 |
| Class Status Code | 6 - Active |
| Class Status Date | Wednesday, November 14, 2018 |
| Primary Code | 043 |
| First Use Anywhere Date | Wednesday, December 31, 2008 |
| First Use In Commerce Date | Wednesday, December 31, 2008 |
| Party Name | The Butchart Gardens Ltd. |
| Party Type | 30 - Original Registrant |
| Legal Entity Type | 99 - Other |
| Address | British Columbia V8M1J8 CA |
| Party Name | The Butchart Gardens Ltd. |
| Party Type | 20 - Owner at Publication |
| Legal Entity Type | 99 - Other |
| Address | British Columbia V8M1J8 CA |
| Party Name | The Butchart Gardens Ltd. |
| Party Type | 10 - Original Applicant |
| Legal Entity Type | 99 - Other |
| Address | British Columbia V8M1J8 CA |
| Event Date | Event Description |
| Tuesday, September 6, 2022 | NOTICE OF REGISTRATION CONFIRMATION EMAILED |
| Tuesday, September 6, 2022 | REGISTERED-PRINCIPAL REGISTER |
| Thursday, August 4, 2022 | 1(B) BASIS DELETED; PROCEED TO REGISTRATION |
| Wednesday, July 6, 2022 | NOTICE OF ALLOWANCE CANCELLED |
| Monday, August 1, 2022 | CASE ASSIGNED TO INTENT TO USE PARALEGAL |
| Wednesday, July 6, 2022 | TEAS POST PUBLICATION AMENDMENT RECEIVED |
| Tuesday, May 17, 2022 | NOA E-MAILED - SOU REQUIRED FROM APPLICANT |
| Tuesday, March 22, 2022 | OFFICIAL GAZETTE PUBLICATION CONFIRMATION E-MAILED |
| Tuesday, March 22, 2022 | PUBLISHED FOR OPPOSITION |
| Wednesday, March 2, 2022 | NOTIFICATION OF NOTICE OF PUBLICATION E-MAILED |
| Tuesday, February 15, 2022 | LAW OFFICE PUBLICATION REVIEW COMPLETED |
| Wednesday, February 9, 2022 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, February 9, 2022 | EXAMINER'S AMENDMENT ENTERED |
| Wednesday, February 9, 2022 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Wednesday, February 9, 2022 | EXAMINERS AMENDMENT E-MAILED |
| Wednesday, February 9, 2022 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, November 9, 2021 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Tuesday, November 9, 2021 | NON-FINAL ACTION E-MAILED |
| Tuesday, November 9, 2021 | NON-FINAL ACTION WRITTEN |
| Tuesday, October 12, 2021 | PREVIOUS ALLOWANCE COUNT WITHDRAWN |
| Tuesday, August 31, 2021 | WITHDRAWN FROM PUB - OG REVIEW QUERY |
| Tuesday, August 17, 2021 | APPROVED FOR PUB - PRINCIPAL REGISTER |
| Wednesday, July 28, 2021 | SUSPENSION CHECKED ¿ TO ATTORNEY FOR ACTION |
| Monday, July 19, 2021 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Monday, July 19, 2021 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Wednesday, July 14, 2021 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Sunday, October 4, 2020 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Sunday, October 4, 2020 | LETTER OF SUSPENSION E-MAILED |
| Sunday, October 4, 2020 | SUSPENSION LETTER WRITTEN |
| Wednesday, September 16, 2020 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Wednesday, September 16, 2020 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Tuesday, September 15, 2020 | TEAS RESPONSE TO SUSPENSION INQUIRY RECEIVED |
| Monday, April 6, 2020 | NOTIFICATION OF INQUIRY AS TO SUSPENSION E-MAILED |
| Monday, April 6, 2020 | INQUIRY TO SUSPENSION E-MAILED |
| Monday, April 6, 2020 | SUSPENSION INQUIRY WRITTEN |
| Thursday, February 27, 2020 | SUSPENSION CHECKED ¿ TO ATTORNEY FOR ACTION |
| Tuesday, August 6, 2019 | ASSIGNED TO EXAMINER |
| Tuesday, August 6, 2019 | NOTIFICATION OF LETTER OF SUSPENSION E-MAILED |
| Tuesday, August 6, 2019 | LETTER OF SUSPENSION E-MAILED |
| Tuesday, August 6, 2019 | SUSPENSION LETTER WRITTEN |
| Tuesday, August 6, 2019 | EXAMINER'S AMENDMENT ENTERED |
| Tuesday, August 6, 2019 | NOTIFICATION OF EXAMINERS AMENDMENT E-MAILED |
| Tuesday, August 6, 2019 | EXAMINERS AMENDMENT E-MAILED |
| Tuesday, August 6, 2019 | EXAMINERS AMENDMENT -WRITTEN |
| Tuesday, July 30, 2019 | TEAS/EMAIL CORRESPONDENCE ENTERED |
| Tuesday, July 30, 2019 | CORRESPONDENCE RECEIVED IN LAW OFFICE |
| Thursday, July 18, 2019 | ASSIGNED TO LIE |
| Friday, July 12, 2019 | TEAS RESPONSE TO OFFICE ACTION RECEIVED |
| Friday, February 8, 2019 | NOTIFICATION OF NON-FINAL ACTION E-MAILED |
| Friday, February 8, 2019 | NON-FINAL ACTION E-MAILED |
| Friday, February 8, 2019 | NON-FINAL ACTION WRITTEN |
| Tuesday, February 5, 2019 | ASSIGNED TO EXAMINER |
| Thursday, November 15, 2018 | NOTICE OF DESIGN SEARCH CODE E-MAILED |
| Wednesday, November 14, 2018 | NEW APPLICATION OFFICE SUPPLIED DATA ENTERED IN TRAM |
| Friday, November 2, 2018 | NEW APPLICATION ENTERED IN TRAM |