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ABANDONED SECTION 36

on 22 Feb 2022

Last Applicant/ Owned by

EMERALD HEALTH INTELLECTUAL PROPERTY INC.

2600-1066 West Hastings StreetVancouver

BRITISH COLUMBIA

V6E3X1

Serial Number

1921590 filed on 24^th Sept 2018

Correspondent Address

GOWLING WLG (CANADA) LLP

SUITE 2600, 160 ELGIN STREETOTTAWA

ONTARIO

K1P1C3

WAVE

Trademark usage description

unprocessed hemp protein for the manufacture of food for human consumption; hemp oil for the manufacture of food for human consumption; hemp protein a Read More

Classification Information

Class [001]
Unprocessed hemp protein for the manufacture of food for human consumption; hemp oil for the manufacture of food for human consumption; hemp protein and hemp oil for use as a food additive preserving food stuffs; Botanical and botanically derived extracts for use in the manufacture of cosmetics; Diagnostic preparations and reagents for medical research.

Classification kind code

Class [003]
Body care and toiletry products, namely, body, hand and facial creams, bath and skin lotions, skin moisturizers and moisturizing lotions, shampoo, hair conditioners and body wash.

Classification kind code

Class [005]
Dietary and nutritional supplements, medicinal herbal extract, nutraceuticals for use as a dietary supplements for medical treatment of pain, pain relief medication; Homeopathic supplements, topical preparations in the nature of creams, gels and sprays for medical treatment of pain, pain relief medication; topical preparations for use in treating skin maladies namely dermatitis and skin pigmentation diseases, fungal skin infections and skin irritations, namely, rashes, sores, corns, calluses and acne; Medical marijuana, medical cannabis, strains of cannabis sativa for the treatment of metabolic diseases and disorders, namely, diabetes, type II diabetes, nephropathy, inflammation of the intestine, neuroinflammatory disorders, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, bulimia nervosa, anorexia, obesity and hypothyroidism, obesity associated with diabetes, and for the treatment of pain, neuropathic pain, neurogenic pain, cancer pain, peri-operative pain, oncology, cancer symptoms, multiple sclerosis, spasticity, MS spasticity, convulsions, seizures, epilepsy, paediatric epilepsy, intractable childhood epilepsy with generalized tonic-clonic seizures (ICE-GTC), generalized epilepsy with febrile seizures plus (GEFS+), dup 15, and Doose syndrome, bladder dysfunction, inflammatory bowel disease, ulcerative colitis, Crohn's disease, Alzheimer's, Dravet syndrome, Lennox-Gastaut syndrome (LGS), spinal cord injury, head injury, bone disorders, chromosome disorders, inflammatory connective tissue diseases, arthritis, neurodegenerative diseases, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, cerebral palsy, brain, movement, ocular motility, peripheral neuropathy, neurogenic symptoms, hypoxicischemic encephalopathy, neonatal hypoxic encephalopathy, stroke, motion sickness and chemically induced sickness, bulimia, psychiatric disorders, schizophrenia, and drug, alcohol and nicotine abuse, autism, nausea, vomiting, loss of appetite, muscle tension, muscle spasms, epilepsy, glaucoma, arthritis, Parkinson's disease, gastrointestinal illness, anxiety, bi-polar disorder, depression, insomnia, and for topical treatment of skin inflammation, namely, eczema, psoriasis, atopic dermatitis, acne, rosacea, lichen planus, bullous pemphigold, vasculitis, granuloma annulare and erythroderma; Cannabinoid capsules for use as a dietary food supplement; tetrahydrocannabinol capsules for use as a dietary food supplement; cannabidiol capsules for use as a dietary food supplement; Cannabinoid oil for use as a dietary food supplement; tetrahydrocannabinol oil for use as a dietary food supplement; cannabidiol oil for use as a dietary food supplement; Transdermal patches containing cannabinoids, tetrahydrocannabinol and cannabidiol for the treatment of metabolic diseases and disorders, namely, diabetes, type II diabetes, nephropathy, inflammation of the intestine, neuroinflammatory disorders, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, bulimia nervosa, anorexia, obesity and hypothyroidism, obesity associated with diabetes, and for the treatment of pain, neuropathic pain, neurogenic pain, cancer pain, peri-operative pain, oncology, cancer symptoms, multiple sclerosis, spasticity, MS spasticity, convulsions, seizures, epilepsy, paediatric epilepsy, intractable childhood epilepsy with generalized tonic-clonic seizures (ICE-GTC), generalized epilepsy with febrile seizures plus (GEFS+), dup 15, and Doose syndrome, bladder dysfunction, inflammatory bowel disease, ulcerative colitis, Crohn's disease, Alzheimer's, Dravet syndrome, Lennox-Gastaut syndrome (LGS), spinal cord injury, head injury, bone disorders, chromosome disorders, inflammatory connective tissue diseases, arthritis, neurodegenerative diseases, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, cerebral palsy, brain, movement, ocular motility, peripheral neuropathy, neurogenic symptoms, hypoxicischemic encephalopathy, neonatal hypoxic encephalopathy, stroke, motion sickness and chemically induced sickness, bulimia, psychiatric disorders, schizophrenia, and drug, alcohol and nicotine abuse, autism, nausea, vomiting, loss of appetite, muscle tension, muscle spasms, epilepsy, glaucoma, arthritis, Parkinson's disease, gastrointestinal illness, anxiety, bi-polar disorder, depression, insomnia, and for topical treatment of skin inflammation, namely, eczema, psoriasis, atopic dermatitis, acne, rosacea, lichen planus, bullous pemphigold, vasculitis, granuloma annulare and erythroderma; Botanical, herbal, nutraceutical, dietary and nutritional supplements for general health and well-being; botanical, herbal, nutraceutical, dietary and nutritional preparations and botanical, herbal, nutraceutical, dietary and nutritional substances containing plant extracts and plant-derived nutrients to reduce stress and fatigue, increase appetite, reduce anxiety, relax tension, mood enhancement and provide an improved sense of well-being; Pharmaceutical and nutraceutical preparations and pharmaceutical and nutraceutical substances containing plant extracts and plant-derived ingredients for the treatment of metabolic diseases and disorders, namely, diabetes, type II diabetes, nephropathy, inflammation of the intestine, neuroinflammatory disorders, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, bulimia nervosa, anorexia, obesity and hypothyroidism, obesity associated with diabetes, and for the treatment of pain, neuropathic pain, neurogenic pain, cancer pain, peri-operative pain, oncology, cancer symptoms, multiple sclerosis, spasticity, MS spasticity, convulsions, seizures, epilepsy, paediatric epilepsy, intractable childhood epilepsy with generalized tonic-clonic seizures (ICE-GTC), generalized epilepsy with febrile seizures plus (GEFS+), dup 15, and Doose syndrome, bladder disfunction, inflammatory bowel disease, ulcerative colitis, Crohn's disease, Alzheimer's, Dravet syndrome, Lennox-Gastaut syndrome (LGS), spinal cord injury, head injury, bone disorders, chromosome disorders, inflammatory connective tissue diseases, arthritis, neurodegenerative diseases, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, cerebral palsy, brain, movement, ocular motility, peripheral neuropathy, neurogenic symptoms, hypoxicischemic encephalopathy, neonatal hypoxic encephalopathy, stroke, motion sickness and chemically induced sickness, bulimia, psychiatric disorders, schizophrenia, and drug, alcohol and nicotine abuse, autism, nausea, vomiting, loss of appetite, muscle tension, muscle spasms, epilepsy, glaucoma, arthritis, Parkinson's disease, gastrointestinal illness, anxiety, bi-polar disorder, depression, insomnia, and for topical treatment of skin inflammation, namely, eczema, psoriasis, atopic dermatitis, acne, rosacea, lichen planus, bullous pemphigold, vasculitis, granuloma annulare and erythroderma; medicinal herbs, medicinal oils, and medicinal infusions for treating metabolic diseases and disorders, namely, diabetes, type II diabetes, nephropathy, inflammation of the intestine, neuroinflammatory disorders, hypoglycaemia, gout, osteoarthritis, muscular dystrophy, anemia, bulimia nervosa, anorexia, obesity and hypothyroidism, obesity associated with diabetes, and for the treatment of pain, neuropathic pain, neurogenic pain, cancer pain, peri-operative pain, oncology, cancer symptoms, multiple sclerosis, spasticity, MS spasticity, convulsions, seizures, epilepsy, paediatric epilepsy, intractable childhood epilepsy with generalized tonic-clonic seizures (ICE-GTC), generalized epilepsy with febrile seizures plus (GEFS+), dup 15, and Doose syndrome, bladder disfunction, inflammatory bowel disease, ulcerative colitis, Crohn's disease, Alzheimer's, Dravet syndrome, Lennox-Gastaut syndrome (LGS), spinal cord injury, head injury, bone disorders, chromosome disorders, inflammatory connective tissue diseases, arthritis, neurodegenerative diseases, central nervous system infections, brain diseases, central nervous system movement disorders, ocular motility disorders, spinal cord diseases, cerebral palsy, brain, movement, ocular motility, peripheral neuropathy, neurogenic symptoms, hypoxicischemic encephalopathy, neonatal hypoxic encephalopathy, stroke, motion sickness and chemically induced sickness, bulimia, psychiatric disorders, schizophrenia, and drug, alcohol and nicotine abuse, autism, nausea, vomiting, loss of appetite, muscle tension, muscle spasms, epilepsy, glaucoma, arthritis, Parkinson's disease, gastrointestinal illness, anxiety, bi-polar disorder, depression, insomnia, and for topical treatment of skin inflammation, namely, eczema, psoriasis, atopic dermatitis, acne, rosacea, lichen planus, bullous pemphigold, vasculitis, granuloma annulare and erythroderma; appetite suppressants for medical purpose; Veterinary preparations for the treatment of long-term neurogenic pain, muscle spasms, muscle cramps, reduced appetite, weight loss, and vomiting in livestock animals, farm animals, pet animals, and domestic animals; veterinary preparations, namely, pain relief medication; pharmaceutical and veterinary preparations for the treatment of pain and the induction of sedation, anxiety relief, and pain relief during therapeutic and diagnostic procedures; Diagnostic preparations and reagents for medical laboratory use; Pre-filled drug dispensing inhalers used by patients which can record and transmit medical data associated with the drug management process to physicians; topical creams, gels, salves, sprays, balms and ointments for analgesic purposes.

Classification kind code

Class [009]
Downloadable software for mobile devices for use with an oral vaporizer for smoking purposes, namely, software for remotely adjusting and saving vaporizer temperature settings and updating vaporizer firmware; Scales for weighing marijuana; Electronic medical publications.

Classification kind code

Class [010]
Drug dispensing inhalers used by patients which can record and transmit medical data associated with the drug management process to physicians, sold empty.

Classification kind code

Class [011]
Electric room vaporizers for the vaporization of herbal and plant matter for household purposes.

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Class [016]
Medical dosage information charts; pharmaceutical information leaflets; Printed medical publications.

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Class [025]
Clothing namely, casual clothing ,shirts, T-shirts, polo shirts, sweatshirts, jackets, sweat pants, shorts and socks; footwear, namely, shoes and boots; headgear, namely, hats, caps.

Classification kind code

Class [029]
Edible seeds namely prepared hemp seeds; Milk-based beverages containing cannabinoids, tetrahydrocannabinol and cannabidiol; cannabinoid infused oils for culinary purposes; tetrahydrocannabinol infused oil for culinary purposes; cannabidiol infused oil for culinary purposes; Protein enriched milk and shakes; Hemp protein enriched shakes; hemp oil for culinary purposes; hemp protein and oil for use as a food additive; hemp milk powder for nutritional purposes; Hemp-based nutritional foods bars, energy bars and meal replacement bars containing cannabidiol, tetrahydrocannabinol and cannabidiol.

Classification kind code

Class [030]
Edible seeds namely dried hemp seeds for culinary purposes; herbs for food purposes; Salad dressing infused with hemp, cannabidiol, tetrahydrocannabinol and cannabidiol; nutritional food bars; energy bars; Chocolate-based meal replacement bars containing hemp, cannabidiol, tetrahydrocannabinol and cannabidiol; granola bars, granola-based snack bars, cereal-based bars; chocolates; candies; Candied gummies; chewing gums; bakery goods, namely, cupcakes, cakes, muffins, pastries, cookies, biscuits, scones, loafs, bread and buns, brownies and pies; Energy bars, granola bars, granola-based snack bars, cereal-based bars infused with cannabinoids, tetrahydrocannabinol and cannabidiol; chocolates infused with cannabinoids, tetrahydrocannabinol and cannabidiol; candies infused with cannabinoids, tetrahydrocannabinol and cannabidiol; candied gummies infused with cannabinoids, tetrahydrocannabinol and cannabidiol; chewing gums infused with cannabinoids, tetrahydrocannabinol and cannabidiol; bakery goods, namely, cupcakes, cakes, muffins, pastries, cookies, biscuits, scones, loafs, bread and buns, brownies and pies infused with cannabinoids, tetrahydrocannabinol and cannabidiol; Herbal tea; Herbal tea beverages containing hemp; tea extracts containing hemp; chocolate-based meal replacement drink containing hemp; Marijuana brewing pods for making tea.

Classification kind code

Class [031]
Agricultural and horticultural products, namely, natural plants and flowers, living plants, plant cuttings, seeds for horticultural purposes, agricultural seeds, unprocessed edible seeds namely hemp seeds, dried plants, hemp, hemp seeds, fresh herbs for food purposes; edible treats for pets.

Classification kind code

Class [032]
Non-alcoholic hemp and hemp-based beverages.

Classification kind code

Class [034]
Electric vaporizers, namely, smokeless vaporizer pipes for the ingestion and inhalation of tobacco and marijuana; nicotine-based liquid, namely, liquid nicotine used to refill electronic cigarettes; cartridges sold filled with liquid nicotine for electronic cigarettes; electronic cigarette refill liquids, namely, chemical flavorings in liquid form used to refill electronic cigarettes and oral vaporizers; cartridges sold filled with chemical flavorings in liquid form for electronic cigarettes and oral vaporizers; electronic cigarettes; electronic smoking vaporizers, namely, electronic cigarettes; tobacco substitutes in liquid solution form for electronic cigarettes; refill cartridges sold empty for electronic cigarettes and oral vaporizers; electric vaporizers, namely, smokeless vaporizer pipes for the ingestion and inhalation of tobacco and marijuana; processed tobacco pods; pipe tobacco, namely, tobacco for use in electric vaporizers; tobacco, whether manufactured or unmanufactured; smoking tobacco, pipe tobacco, hand rolling tobacco, snus tobacco; tobacco sold in pods; smoker's articles, namely, filter tubes, cigarette papers, matches, and lighters; Paraphernalia for smoking, namely, rolling papers, vaporizers, diffusers, grinders, smoking pipes; Dried flower marijuana; dried marijuana; Marijuana pods for use in oral vaporizers e-cigarettes and smoking pipes; Pre-rolled marijuana cigarettes; Cannabinoid oils for use in oral vaporizers, e-cigarettes and smoking pipes; Capsules containing cannabinoids, tetrahydrocannabinol and cannabidiol for use with oral vaporizers, e-cigarettes and smoking pipes; friable puck of compressed dried marijuana for smoking and vaping purposes.

Classification kind code

Class [035]
Retail sale of dietary and nutritional supplements, pharmaceutical preparations, veterinary preparations, food and beverages, cosmetics, body care and toiletry products and clothing accessible on-line and by telephone, facsimile and mail order; online sales of dietary and nutritional supplements, pharmaceutical preparations, veterinary preparations, food and beverages, cosmetics, body care and toiletry products and clothing; Wholesaler distributorship in the field of dietary and nutritional supplements, pharmaceutical preparations, veterinary preparations, food and beverages, cosmetics, body care and toiletry products and clothing.

Classification kind code

Class [038]
Providing access to an interactive online bulletin board featuring information regarding medical marijuana, medical marijuana laws, legal medical marijuana pharmacies and stores, health care provider and equipment for administering medical marijuana; providing access to a computer database containing medical information on the use of marijuana to treat illnesses; providing access to a medical database on the use of marijuana to treat illnesses via a global information network.

Classification kind code

Class [039]
Delivery of dietary and nutritional supplements, pharmaceutical preparations, veterinary preparations, food and beverages, cosmetics, body care and toiletry products and clothing by truck, train, plane and courier.

Classification kind code

Class [041]
Providing educational information on the topic of medical marijuana, medical marijuana laws, legal medical marijuana pharmacies and stores, marijuana health care providers, and marijuana equipment for administering medical marijuana; Publishing and operating an online directory containing information in the field of medical marijuana, medical marijuana laws, legal medical marijuana pharmacies and stores, health care providers, and equipment for administering medical marijuana; Organization of exhibitions in the field of alternative medicine; publishing and issuing scientific papers in relation to medical technology.

Classification kind code

Class [042]
Medical laboratory research; pharmaceutical research and development; development of pharmaceutical, botanical and nutraceutical preparations and medicines; clinical research in the field of cannabis science and medicine; Design, research and development of advanced plant-cultivation methods and technologies for use in the pharmaceutical, nutraceuticals, food products and cosmetic industries; developing technologies to improve plant growth, production and extraction technologies to maximize production of pharmaceutical grade plant extracts.

Classification kind code

Class [044]
Providing a website featuring online publications, namely, articles in the nature of medical issues relating to the cannabis industry; providing horticultural information about strains and effects of cannabis; Dispensing of medications and pharmaceuticals; Medical analysis, diagnosis and testing of patients for the treatment of disease using marijuana; veterinary services; Horticultural services, namely, cultivation, breeding, production, processing, distribution, transportation and retail sale of natural plants and flowers, living plants, plant cuttings, agricultural seeds, dried plants, hemp, hemp seeds, herbs for medical purposes; Providing medical information relating to the preparation and dispensing of medications; Medical counselling relating to the use of marijuana as a treatment for illness; Providing rating information, reviews and recommendations on medical marijuana products posted by online users via a website.

Classification kind code

Mark Details

Serial Number

1921590

Mark Type

Trademark

Legal History

Action Taken	Status
Submitted for opposition 6 on 22^nd Feb 2022	Abandoned - Section 36
Submitted for opposition 14 on 30^th Nov 2021	Default Notice Sent
Submitted for opposition 22 on 11^th May 2021	Search Recorded
Submitted for opposition 20 on 11^th May 2021	Examiner's First Report
Submitted for opposition 31 on 27^th Sept 2018	Formalized
Submitted for opposition 1 on 25^th Sept 2018	Created
Submitted for opposition 30 on 24^th Sept 2018	Filed

WAVE

Classification Information

Classification kind code

Class [003]Body care and toiletry products, namely, body, hand and facial creams, bath and skin lotions, skin moisturizers and moisturizing lotions, shampoo, hair conditioners and body wash.

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Class [009]Downloadable software for mobile devices for use with an oral vaporizer for smoking purposes, namely, software for remotely adjusting and saving vaporizer temperature settings and updating vaporizer firmware; Scales for weighing marijuana; Electronic medical publications.

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Class [010]Drug dispensing inhalers used by patients which can record and transmit medical data associated with the drug management process to physicians, sold empty.

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Class [011]Electric room vaporizers for the vaporization of herbal and plant matter for household purposes.

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Class [016]Medical dosage information charts; pharmaceutical information leaflets; Printed medical publications.

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Class [025]Clothing namely, casual clothing ,shirts, T-shirts, polo shirts, sweatshirts, jackets, sweat pants, shorts and socks; footwear, namely, shoes and boots; headgear, namely, hats, caps.

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Class [032]Non-alcoholic hemp and hemp-based beverages.

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Class [039]Delivery of dietary and nutritional supplements, pharmaceutical preparations, veterinary preparations, food and beverages, cosmetics, body care and toiletry products and clothing by truck, train, plane and courier.

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Mark Details

Serial Number

Mark Type

Legal History

Class [003]
Body care and toiletry products, namely, body, hand and facial creams, bath and skin lotions, skin moisturizers and moisturizing lotions, shampoo, hair conditioners and body wash.

Class [009]
Downloadable software for mobile devices for use with an oral vaporizer for smoking purposes, namely, software for remotely adjusting and saving vaporizer temperature settings and updating vaporizer firmware; Scales for weighing marijuana; Electronic medical publications.

Class [010]
Drug dispensing inhalers used by patients which can record and transmit medical data associated with the drug management process to physicians, sold empty.

Class [011]
Electric room vaporizers for the vaporization of herbal and plant matter for household purposes.

Class [016]
Medical dosage information charts; pharmaceutical information leaflets; Printed medical publications.

Class [025]
Clothing namely, casual clothing ,shirts, T-shirts, polo shirts, sweatshirts, jackets, sweat pants, shorts and socks; footwear, namely, shoes and boots; headgear, namely, hats, caps.

Class [032]
Non-alcoholic hemp and hemp-based beverages.

Class [039]
Delivery of dietary and nutritional supplements, pharmaceutical preparations, veterinary preparations, food and beverages, cosmetics, body care and toiletry products and clothing by truck, train, plane and courier.