The trademark CABALLO NEGRO was filed by VIÑA CASAS PATRONALES, S.A., a corporation established under the laws of the Republic of Chile (the "Applicant"). The application was published for oppositions on May 9, 2004, and received one opposition filed on August 9, 2004 by VIÑA VALDIVIESO S.A. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion, (c) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by De Justo, Mario
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 000719379 was refused according to Article 8(1)(b) CTMR with decision issued on February 19, 2006 by the EUIPO.