Test your I.P.I.Q.
(Intellectual Property Intelligence Quotient)
Is a tomato a fruit or a vegetable?
In a cancellation proceeding, the Federal Court had to determine
whether the trade-mark TOWN & COUNTRY had been used on canned vegetables
and canned fruits. The problem was that the evidence showed use of the
trade-mark only on canned tomatoes. Which of the listed goods did canned
tomatoes support: canned fruits or canned vegetables? The Court held
that canned fruit and canned vegetables are products so analogous, that
the registration was maintained for both. The fruit or vegetable
question was thus avoided! See: Countryside Canners Co. Ltd. v.
Registrar of Trade-marks (1981), 55 C.P.R. (2d) 25 (F.C.T.D.).
Are "Hoagie" sandwiches and "Submarine" sandwiches the same?
In Nemo Foods Ltd. v. Remi Rivet Fast Foods Ltd. et al.
(1982) 64 C.P.R. (2d) 125 at 128 (Ont. H.C.J.), the Court had this
to say - "A Hoagie is made out of a submarine-shaped roll. It is
sliced horizontally and various fillers are put into it - ham,
cheese, etc. In the case of submarine sandwiches, there can be ham
submarines, etc. There can also be ham Hoagies, etc. . . . probably
a Hoagie sandwich looks like a submarine sandwich, tastes like a
submarine sandwich and, in every way, is a submarine sandwich." Oh my ... !!
What product, more than 100 years old, has its name on
the product itself, the company, a town, an institution and a
school?
The HERSHEY chocolate bar.
What patented product has the title
"monofilament ribbon file product"?
ASTROTURF, the synthetic grass-like surface is subject
of U.S. Patent No. 3,332,828. The patent issued July 25, 1967.
It was the solution for an indoor play surface for fitness
and sports. Researchers tested the product for foot traction,
cushoining, drainage, flammability and durability.
What are some well known trade-marks that were permitted
to be registered by different owners for very different goods?
BARBIE for dolls and BARBIE'S for restaurant services;
LEXUS for automobiles and LEXUS for canned fruit products;
POPEYE for comic books and POPEYE'S SAILOR EXCHANGE for
marine equipment and supplies;
THE PINK PANTHER for motion picture films and PINK PANTHER
for beauty supplies; and
DELTA for hotels, DELTA for airlines, DELTA for faucets
Where does the trade-mark "Jacuzzi" come from?
It is the inventor's last name. Roy Jacuzzi, of Italian
descent, invented the whirl pool bath by including jets into
the sides of a tub. The invention dates back to 1968.
Roy showed his invention by setting up the whirl pools at
county fairs and trade shows in the United States.
What Country boasts invention of the Snow Blower?
Canada. The snow blower was invented in 1925 by Arthur
Sicard in Quebec. A patent for this "snow removing machine"
issued in Canada in 1926. The invention claimed was "a snow
removing machine, in combination with and in the front of a
self-propelled vehicle, separately mounted snow removing
mechanism longitudinally rocking by means supported on the
centre of said vehicle and elevating means for said mechanism
controlably mounted onto said vehicle."
What are three snack foods that each have
trade-mark protection for their shape?
GOLDFISH cracker by Pepperidge Farm, TMA 532558
CHEERIO owned by General Mills Inc., TMA 109495
CROSSING CURL an ice cream swirl owned by American Dairy
Queen Corporation, TMA 590634
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