In view of the commercial structure only the foundation of a holding limited liability company will be necessary with two equal participants among which the owner of the trade mark. In order to start the activities in Great Britain the owner of the trade mark founded Instituto Cervantes Limited England and Wales on 17 December 1996, established 25 Ayias Zonis Street, Suite 242 Nicolaou Pentadromos Center 3027 Limassol, CYPRUS and authorized Lady Diana Frances Spencer, Princess of Wales, on the 12 of May 1997 to represent him in the United Kingdom as described on page 239 of Letters to Diana, Princess of Wales:
The undersigned, Johannes Lambertus Van der Heyden, born 9-11-1947 in Nijmegen, Netherlands, legal owner of the trade mark 'Instituto Cervantes' in category 41: education, trainings and courses, and owner of the Limited Liability Company 'Instituto Cervantes' for England and Wales herewith authorizes Lady Diana Frances Spencer, born on the 1st of July 1961 at Sandringham, United Kingdom, to take all legal actions in the United Kingdom on behalf of Instituto Cervantes Limited England and Wales. Given at Nijmegen, Netherlands, 12 May 1997."
The company was incorporated under number 3300636 in the Registrar of Companies for England and Wales under the Companies Act 1985 at Companies House, Cardiff, the 10th January 1997. The Memorandum of Association according to The Companies Acts 1995 and 1989 was issued on 17 December 1996. The foundation Stichting Cervantes Benelux was registered the 8th of October 1992 in the trade registrar of the Chamber of Commerce in Amsterdam under number 211.928 and can be changed into European Cervantes Foundation. The trade name Instituto Cervantes is legally deposited from 25th of March 1992 in the Benelux Brand Registrar under number 776053 in class 41: education, training and courses. On 28th February 1995 a redeposit was made under deposit number 843323 and 21st January 2002 under number 0504277.
In July 1996 the right on the trademark was permanently established and communicated in a letter to the Prime Minister of the State of the Netherlands the 4th of July 1996.
The British partner died the 31st of August 1997 in Paris. The founder has also tried - on the 23d of December 1996 - to registrar the trade name Instituto Cervantes in the United Kingdom. Against this registration an objection was made on good grounds by the Spanish namesake. The registration by the Spanish namesake does not give them the exclusive right however to the use of the name in the United Kingdom. The developments are also described in the book Letters to Diana, Princess of Wales.
The foundation Stichting Cervantes Benelux was registered on the 8 of October 1992 in the trade registrar of the Chamber of Commerce in Amsterdam under number 211.928 and can be converted into European Cervantes Foundation. The name Instituto Cervantes is since the 25th of Maart 1992 legally deposited at the Benelux Bureau voor de Intellectuele Eigendom under number 776053 in class 41: education, courses and trainings. On 28th February 1995 a repeated deposit has been made under depositnumber 843323 and on the 8th of February 2002 another time under number 508277 for the time of ten years (expiration date 25.03.2012). On the 12th of October 2004 the procedure has been started to repeat the deposit for number 843323 in 2005 by which the rights will be established until 2015.
As been stated in July 1996 the right on the trade mark has been permanently established and communicated in a letter to the Prime Minister of the State of the Netherlands on the 4th of July 1996. On the 6th of November 1996 the policy plan Instituto Cervantes Benelux has been presented to the Ambassador of the Kingdom of the Netherlands and Permanent Representative at the European Commission in BRUSSELS. Friday the 11th of Februari 2004 Received: letter PT / C20605BX00 of Knijff Merkenadviseurs as reaction to Renewals 2005. The documents have been published on the website on the 3d of Juni 2005. Also the Prime Minister of the Kingdom of the Netherlands has taken notice of the holding company.
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