The trademark application Yester was filed by Laureano Serrano Ansoleaga, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on April 18, 2004, and it was registered by office on October 27, 2004 without any oppositions.
The application was filed in Spanish (English was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2004.The first Cancellation was filed by Cooper Controls Ltd (represented by FRY HEATH & SPENCE LLP) on May 30, 2011 and Final decision – EUTM fully cancelled.
Appointment and Replacement of representative of the trademark registration was recorded on November 9, 2003. Change of name and professional address of the trademark registration was recorded on August 19, 2007. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on May 31, 2010. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on June 8, 2011.
The Cancellation with reference B 000004402 was EUTM cancelled according to Article 51(1)(a) CTMR with decision issued on December 7, 2010 by the EUIPO.
The application claimed as seniority of the Kingdom of Spain trademark null registered on January 19, 2003 and filed on July 14, 2002 which was accepted by the office.
Goods And Services
The mark was filed in class 1 with following description of goods:
Chemicals used in industry, science and photography, as well as in agriculture, horticulture and forestry
The mark was filed in class 4 with following description of goods:
Industrial oils and greases
Lubricants
Dust absorbing, wetting and binding compositions
Fuels (including motor spirit) and illuminants
Candles and wicks for lighting.
The mark was filed in class 5 with following description of goods:
Pharmaceutical products
Veterinary and sanitary preparations
Sanitary preparations for medical purposes
Dietetic substances adapted for medical use, food for babies
Plasters, materials for dressings
Material for stopping teeth, dental wax
Disinfectants.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys
Metal building materials
Transportable buildings of metal
Materials of metal for railway tracks
Non-electric cables and wires of common metal
Ironmongery, small items of metal hardware
Metallic pipes and tubes
Safes
Goods of common metal not included in other classes
Ores.
The mark was filed in class 8 with following description of goods:
Hand tools and implements (hand operated)
Cutlery
Side arms
Razors.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data-carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus.
The mark was filed in class 10 with Surgical, medical, dental and veterinary apparatus and instruments, artificial limbs, eyes and teeth and orthopaedic articles, suture materials..
The mark was filed in class 12 with Vehicles and apparatus for locomotion by land, air or water..
The mark was filed in class 13 with following description of goods:
Firearms
Ammunition and projectiles, explosives
Fireworks.
The mark was filed in class 15 with Musical instruments.
The mark was filed in class 17 with following description of goods:
Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes
Plastics in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, not of metal.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather, and goods made of these materials and not included in other classes
Animal skins
Trunks and travelling bags
Umbrellas, parasols and walking sticks
Whips, harness and saddlery.
The mark was filed in class 19 with following description of goods:
Building materials (non-metallic)
Non-metallic rigid pipes for building
Asphalt, pitch and bitumen
Non-metallic transportable buildings
Monuments, not of metal.
The mark was filed in class 21 with following description of goods:
Household and kitchen utensils and containers (not of precious metal or coated therewith)
Combs and sponges
Brushes (except paint brushes)
Brush-making materials
Materials for cleaning purposes
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes.
The mark was filed in class 22 with following description of goods:
Ropes, string, nets, tents, awnings, tarpaulins, sails, sacks and bags (not included in other classes)
Padding and stuffing materials (except of rubber or plastics)
Raw fibrous textile materials.
The mark was filed in class 27 with Carpets, rugs, mats and matting, linoleum and other materials for covering existing floors and wall hangings (non-textile)..
The mark was filed in class 28 with following description of goods:
Games and playthings
Gymnastic and sporting articles not included in other classes
Decorations for Christmas trees.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, dried and cooked fruits and vegetables
Jellies, jams, fruit sauces
Eggs, milk and milk products
Edible oils and fats.
The mark was filed in class 30 with following description of goods: