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Kissing Registration Goodbye: Deficient Online Survey Evidence Cannot Save Application for SWISSKISS

In Promotion In Motion Inc. v Hershey Chocolate & Confectionery LLC, 2024 FC 556, the applicant PIM Brands appealed the Trademarks Opposition Board s refusal to register trademark applications for SWISSKISS and SWISSKISS & Design covering Chocolate of Swiss origin. Hershey Chocolate & Confectionary LLC had successfully opposed registration of PIM s applications based on its own prior registrations for KISSES and KISS, covering solid chocolate candy with or without ingredients such as nuts and chocolate candy.

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