The trademark OYSHO was filed by INDUSTRIA DE DISEÑO TEXTIL, S.A. (INDITEX, S.A.), a corporation established under the laws of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on June 27, 2021, and received one opposition filed on September 27, 2021 by ISSHO TECHNOLOGY LDA on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by Reig Mascarell, Fernando
It was designated 'Basic Application' for International Application 1804471 at the World Intellectual Property Organization (WIPO).
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on February 2, 2022.
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
Synthetic resins, unprocessed
Unprocessed plastics
Compositions for extinguishing fires and for fire prevention
Tempering and soldering preparations
Substances for tanning animal skins and hides
Adhesives used in industry
Putties and other paste fillers
Compost, manures, fertilizers
Biological preparations for use in industry and science.
The mark was filed in class 2 with following description of goods:
Paints, varnishes, lacquers
Preservatives against rust and against deterioration of wood
Dyes, colorants
Inks for printing, marking and engraving
Raw natural resins
Metals in foil and powder form for use in painting, decorating, printing and art
Anti-corrosive preparations
Whitewash
Colorants
Wood preservatives
Ink for leather
Wood stains
Ink for skin-dressing
Paints and washes
Thinners for paints
Siccatives for colours.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals, medical and veterinary preparations
Sanitary preparations for medical purposes
Dietetic food and substances adapted for medical or veterinary use, food for babies
Dietary supplements for human beings and animals
Plasters, materials for dressings
Material for stopping teeth and dental wax
Disinfectants
Preparations for destroying noxious animals
Fungicides, herbicides
Pharmaceutical products for treating respiratory diseases
Pharmaceutical preparations for the prevention of diseases of the respiratory system
Disinfectants, Disinfectants for hygiene purposes, Sanitizers for household use
Disinfectants for medical and veterinary use
Disinfectant soap
Cleaning cloths impregnated with disinfectant for hygiene purposes
Sanitizing wipes
Sanitizing preparations for hospital use
Washes (disinfectant -) [other than soap]
Diagnostic testing materials for medical use
Antibacterial gels
Alcohol-based antibacterial skin sanitizer gels
Topical gels for medical and therapeutic use.
The mark was filed in class 6 with following description of goods:
Common metals and their alloys, Ores of metal
Metal materials for building and construction
Buildings, transportable, of metal
Non-electric cables and wires of common metal
Small items of metal hardware
Containers of metal for storage and transport
Safes [metal or non-metal]
Ores of metal
Tool boxes of metal, empty
Padlocks
Bells
Chests of metal
Staircases of metal
Hooks [metal hardware]
Buckles of common metal [hardware]
Tins of metal
Ice moulds of metal
Statues and works of art of common metals
Wire cloth
Wire cloth
Doorbells of metal, non-electric
Knobs of metal
Door handles of metal.
The mark was filed in class 7 with following description of goods:
Machine tools and power-operated tools
Motors, other than for land vehicles
Machine coupling and transmission components (except for land vehicles)
Agricultural implements, other than hand-operated hand tools
Incubators for eggs
Vending machines.
The mark was filed in class 10 with following description of goods:
Surgical, medical, dental and veterinary apparatus and instruments
Artificial limbs, eyes and teeth
Orthopedic articles
Suture materials
Therapeutic and assistive devices adapted for the disabled
Massage apparatus
Apparatus, devices and articles for nursing infants
Sexual activity apparatus, devices and articles
Breast pumps
Commode chairs
Orthopaedic footwear
Teething rings for relieving teething pain
Feeding bottles
Feeding bottle valves
Feeding bottle teats
Dummies for babies
Medical and surgical gowns
Face masks for surgical and medical use
Therapeutic facial masks
Surgical caps
Protective gloves for medical and veterinary use
Protective clothing for surgical purposes
Hygienic masks for medical purposes
Respirators for medical purposes
Apparatus for DNA and RNA testing for medical purposes
Test electrodes for medical use
Thermometers for medical purposes
Clinical thermometers
Face shields for medical use.
The mark was filed in class 11 with following description of goods:
Apparatus and installation for lighting, heating, cooling, steam generating, cooking, drying, ventilating and water supply purposes, And sanitary installations: Electric warming pads, other than for medical use
Roasting apparatus, Drying installations
Bath tubs
Bidets
Light bulbs
Coffee machines, electric
Heaters, electric, for feeding bottles
Cooking stoves
Showers
Lanterns
Sinks
Lamp globes
Wash-hand basins [parts of sanitary installations]
Electric torches
Electric blankets
Gas burners
Lamp shades
Hand-held electric hair dryers
Clothes dryers
Toilet bowls
Neon lamps for illumination
Mood lights
Wall lights
Accent lights for indoor use.
The mark was filed in class 12 with following description of goods:
Vehicles
Apparatus for locomotion by land, air or water
Security harness for vehicle seats
Safety seats for children, for vehicles
Head-rests for vehicle seats
Safety belts for vehicle seats
Seat covers for vehicles
Carts
Bicycles
Parts and fittings for vehicles
Pushchairs
Sleighs [vehicles]
Sledges
Push scooters [vehicles].
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 following description of goods:
Musical instruments
Music stands and stands for musical instruments
Conductors' batons
Plectrums.
The mark was filed in class 17 with following description of goods:
Unwrought or semi-wrought rubber, gutta percha, gum, asbestos and mica and substitutes for all those materials
Plastics and resins in extruded form for use in manufacture
Packing, stopping and insulating materials
Flexible pipes, tubes and hoses, not of metal.
The mark was filed in class 19 with following description of goods:
Materials, not of metal, for construction
Rigid pipes, not of metal, for building
Asphalt, pitch and bitumen, Tar and Bitumen
Buildings, transportable, not of metal
Monuments, not of metal.
The mark was filed in class 22 with following description of goods:
Ropes and string
Nets
Tents and tarpaulins
Awnings of textile or synthetic materials
Sails
Bags (sacks) for the transport and storage of materials in bulk
Padding, cushioning and stuffing materials, except of paper, cardboard, rubber or plastics
Raw fibrous textile materials and substitutes threrefor
Hammocks
Eiderdown
Bags [envelopes, pouches] of textile, for packaging
Bags for storage purposes.
The mark was filed in class 23 with Yarns and threads for textile use.
The mark was filed in class 27 with following description of goods:
Carpets, rugs, mats and other materials for covering existing floors
Wall hangings, not of textile
Bath mats
Wallpaper
Wallpaper
Floor coverings for existing floors
Carpet underlay
Floor coverings
Yoga mats.
The mark was filed in class 29 with following description of goods:
Meat, fish, poultry and game
Meat extracts
Preserved, frozen, dried and cooked fruits and vegetables
Jellies, jams, compotes
Eggs
Milk, butter, cheese, yoghurt and other dairy products
Oils and fats for food.
The mark was filed in class 30 with following description of goods:
Coffee, tea, cocoa and artificial coffee
Rice, pasta and noodles
Tapioca and sago
Flour and preparations made from cereals
Bread, pastry and confectionery
Chocolate
Ice creams, sorbets and other edible ices
Sugar, honey, treacle
Yeast, baking-powder
Salt, seasonings, spices, preserved herbs
Vinegar, sauces and other condiments
Ice for refreshment.
The mark was filed in class 31 with following description of goods:
Raw and unprocessed agricultural, aquacultural, horticultural and forestry products
Raw and unprocessed grains and seeds
Fresh fruit and vegetables, fresh herbs
Natural plants and flowers
Bulbs, seedlings and seeds for planting
Live animals
Foodstuffs and beverages for animals
Malt.
The mark was filed in class 32 with following description of goods:
Beer
Non-alcoholic beverages
Mineral waters
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages.
The mark was filed in class 33 with Alcoholic beverages (except beer) and Alcoholic preparations for making beverages..
The mark was filed in class 34 with following description of goods:
Tobacco and tobacco substitutes
Cigarettes, cigars
Electronic cigarettes and oral vaporizers for smokers