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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

For more I.P.I.Q. go to our I.P.I.Q. Archive