Canadian Intellectual Property Office (CIPO) Decides in Favor of Muscle Flex Inc.
The June 18th, 2008 decision by the CIPO Opposition Board confirmed what was believed in that certain wares listed in the WWE “RAW” trademark application 1,153,018 were confusingly similar (and thus lacked distinctiveness) from the "In the Raw" registered trade-mark. The registered wares and services for "In the Raw®" in Canada are:
Services:
"Entertainment services, namely the performance of live music concerts; audio and video recording and production services; composition of music for others; public appearances on behalf of others; and endorsement of products and services of others."
Wares:
"pre-recorded audio compact discs, audio cassette tapes and video cassettes; music videos; posters and photographs; key rings; clothing namely hats, caps, cowboy hats, T-shirts, tank tops, sweatshirts, sweatpants, shorts, pajamas, lingerie, jackets and coats; pens; pencils; erasers; flags; pennants; towels; blankets and sheets; license plates; notebooks and notepads; stickers; playing cards; school bags and knapsacks; computer mouse pads and computer screen savers; watches; condoms."
The 23 page ruling dated June 18, 2008 resulted in the World Wrestling Entertainment’s Canadian trade-mark application 1,153,018 for the WWE “Raw” application being denied for the following wares:
"pre-recorded records; pre-recorded audio and visual tapes; pre-recorded video tapes and cassettes, pre-recorded audio-cassettes, pre-recorded tapes; posters; mounted and unmounted photographs; full line of clothing, namely tops, t-shirts, shirts, sweatshirts, sweaters, pullovers, blouses, jackets, coats, trousers, pants, jogging suits, exercise pants, exercise suits, sweatpants, shorts, underwear, boxer shorts, socks, clothing ties, pajamas, belts, gloves, wrist bands, bandannas; headgear, namely hats, caps; stickers; playing cards; mouse pads." | |