The trademark WINESMART was filed by CCG WineSitting, a corporation established under the laws of the French Republic (the "Applicant"). The application was published for oppositions on September 13, 2020, and received one opposition filed on December 10, 2020 by Smart-Wines GmbH on (a) Art. 8(4), (b) Likelihood of confusion. the opponent was represented by FRIEDRICH GRAF VON WESTPHALEN & PARTNER MBB RECHTSANWÄLTE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 10, 2020
The application was filed in French, and French was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003136557 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on January 13, 2022 by the EUIPO.