If I was to associate one word with this trademark, it would be “Bauer”.
I can picture the skates that I wore years ago. I can still imagine the textures of the layers of materials.
On April 5, 2013, at the instance of requesting party Easton Sports Canada Inc., the Registrar of Trade-Marks issued a decision to expunge this mark. One of the registrar’s conclusions was that the mark had not been used as registered in that the use of the word BAUER in the box was a dominant feature, and the box was no longer being used in the same part of the skate (it now appears below the eyestay rather than being part of the eyestay). See the picture below submitted by Bauer.
The case serves as a great reminder for those who register design marks: pay close attention to both the details of the mark applied for and design changes that might be considered significant.
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