LE REGISTRAIRE DES MARQUES DE COMMERCE
THE REGISTRAR OF TRADE-MARKS
IN THE MATTER OF AN OPPOSITION by LatigiDigital Inc. to application No. 1,256,028 for the trade-mark LATIGI filed by Marc. R. Branson
CORRECTED DECISION
[1] I have been informed that there was a clerical error that had slipped into my decision regarding an opposition to the registration of the trade-mark LATIGI, application No. 1256028. In paragraph 35 of my decision, I clearly indicated that the Applicant had not met its evidential burden to prove, on a balance of probabilities, that there was no likelihood of confusion between the Mark when used in association with:
“…the services of retail and wholesale and distribution of consumer electronic goods”.
[2] Yet in my conclusion in paragraph 40 of my decision I included those services in the list of services for which the opposition was rejected. Those services should not have been included in the list of services for which the opposition was rejected.
[3] I am therefore correcting the last portion of paragraph 40 of my decision dated November 10, 2009 so that it now reads:
And reject the opposition for:
electric kitchen appliances namely, mixers, food processors, juicers, toasters, toaster ovens, can openers, kettles, coffee makers, coffee grinders, blenders, choppers, grinders, bread makers, waffle irons, griddles, slow cookers and crock pots, rice and vegetable steamers, ice cream makers, microwave ovens, deep fryers and the services of retail and wholesale and distribution of kitchen appliances.
DATED AT BOUCHERVILLE, QUEBEC, THIS 28TH DAY OF MAY 2010
______________________________
Jean Carrière
Member, Trade-marks Opposition Board
Canadian Intellectual Property Office