The trademark Toro Negro was filed by DSN International Consultant und Marketing GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on November 14, 2021, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on February 14, 2022 by GRUPO OSBORNE S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by AGUILAR I REVENGA and its proceedings were handled in English
The second opposition filed on February 13, 2022 by Goanvi Bottling, Lda on Likelihood of confusion. the opponent was represented by INVENTA INTERNATIONAL, S.A. and its proceedings were handled in English
The third opposition filed on February 8, 2022 by CONSEJO REGULADOR DE LA DENOMINACION DE ORIGEN TORO on Designation of origin or geographical indication prior to the date of application for registration of the EU mark. the opponent was represented by PROTECTIA PATENTES Y MARCAS S.L. and its proceedings were handled in English
The fourth opposition filed on January 26, 2022 by MIGUEL TORRES S.A. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CURELL SUÑOL S.L.P. and its proceedings were handled in English
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003164226 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 23, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 3 with Perfumery and fragrances.
The mark was filed in class 25 with following description of goods:
Clothing
Headgear
Footwear.
The mark was filed in class 32 with Non-alcoholic beverages and Beer and brewery products..
The mark was filed in class 33 with following description of goods:
Wine
All the aforesaid goods complying with the specifications of the protected designation of origin ‘Toro’
Alcoholic beverages, based on wine or containing wine, complying with the specifications of the protected geographical indication ‘Toro’
Alcoholic beverages (except beer), Other than wine, beverages based on wine or beverages containing wine.