The trademark GASTON Y DANIELA was filed by GASTON Y DANIELA, S.A., a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on January 23, 2005, and received one opposition filed on April 24, 2005 by Poirier Benito del Valle, Federico on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by CLARKE, MODET Y CÍA., S.L.
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The renewal of the trademark was recorded by the office on November 30, 2013.
of the trademark registration was recorded on November 30, 2013. Partial transfers of the trademark registration was recorded on March 19, 2006. Change of name and professional address of the trademark registration was recorded on October 26, 2008. Appointment and Replacement of representative of the trademark registration was recorded on June 28, 2011. Change of name and professional address of the trademark registration was recorded on October 1, 2012.
The Appeal with reference B R0168/2008-4 was Opposition rejected according to Article 41 CTMR with decision issued on September 1, 2008 by the EUIPO. The Appeal with reference B R0281/2008-4 was Opposition rejected according to Article 8(2) CTMR with decision issued on September 1, 2008 by the EUIPO. The Opposition with reference B 000833287 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on November 28, 2007 by the EUIPO.
Goods And Services
The mark was filed in class 18 with Cases.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Including all these services as provided or applied to goods of all kinds, including items of luggage
Except those applied to goods in classes 3, 14, 23, 25 and 26 of the international nomenclature, those applied to goods in class 18 other than items of luggage and those applied to textiles in class 24 intended for clothing.
The mark was filed in class 36 with following description of goods:
Insurance
Financial affairs
Monetary affairs
Real estate affairs
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 37 with following description of goods:
Building construction
Repair
Installation services
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 38 with Telecommunications and except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers..
The mark was filed in class 39 with following description of goods:
Transport
Packaging and storage of goods
Travel arrangement
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 40 with Treatment of materials and except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers..
The mark was filed in class 41 with following description of goods:
Education
Providing of training
Entertainment
Sporting and cultural activities
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 42 with following description of goods:
Scientific and technological services and research and design relating thereto
Industrial analysis and research services
Design and development of computer hardware and software
Legal services
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 43 with following description of goods:
Restaurant services (food)
Temporary accommodation
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 44 with following description of goods:
Medical services
Veterinary services
Hygienic and beauty care for human beings or animals
Agriculture, horticulture and forestry services
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.
The mark was filed in class 45 with following description of goods:
Personal and social services rendered by others to meet the needs of individuals
Security services for the protection of property and individuals
Except services of this nature provided in relation to, or applied to, bleaching preparations and other substances for laundry use, cleaning, polishing, scrubbing and abrasive preparations, soaps, perfumery, essential oils, cosmetics, hair lotions, dentifrices, precious metals and their alloys and goods in precious metals or coated therewith, jewellery, costume jewellery, precious stones, horological and chronometric instruments, leather and imitations of leather, goods made of these materials, animal skins and hides, umbrellas, parasols and walking-sticks, riding crops and saddlery, yarns for textile use, textiles intended for clothing, clothing, footwear and headgear, lace and embroidery, tapes and braid, buttons, hooks and eyes, pins and needles, artificial flowers.