The trademark TOSTINES was filed by Société des Produits Nestlé S.A., a corporation established under the laws of the Swiss Confederation (the "Applicant"). The application was published for oppositions on January 16, 2005, and received undefined oppositions.
Opposition Proceedings
There are undefined oppositions were filed:
The first opposition filed on April 17, 2005 by null on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and its proceedings were handled in English
The second opposition filed on April 17, 2005 by null on Identity of marks and G&S. the opponent was represented by CMS HASCHE SIGLE PARTNERSCHAFT VON RECHTSANWÄLTEN UND STEUERBERATERN MBB and its proceedings were handled in English
The third opposition filed on April 14, 2005 by Intersnack Knabber-Gebäck GmbH & Co. KG on Likelihood of confusion. the opponent was represented by HARMSEN UTESCHER and its proceedings were handled in English
The fourth opposition filed on March 7, 2005 by INDUSTRIAS ALIMENTICIAS ECUATORIANAS, S.A. INALECSA on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Earlier sign & right to prohibit use of later TM under national law. the opponent was represented by ROMIMARK ASESORES, S.L. and its proceedings were handled in English
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
The Appeal with reference B R1829/2007-1 was Application rejected according to Article 8 CTMR with decision issued on November 5, 2008 by the EUIPO. The Opposition with reference B 000827529 was rejected according to Article 8(1)(b) CTMR with decision issued on October 23, 2007 by the EUIPO.