The trademark BREATHE was filed by NewPalm - Gestão, Exploração e Consultoria, S.A., a corporation established under the laws of the Portuguese Republic (the "Applicant"). The application was published for oppositions on July 22, 2021, and received one opposition filed on October 24, 2021 by BREATHE, S.L. on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by De La Fuente Fernández, Dionisio and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2021
The application was filed in Portuguese, and Portuguese was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 003157188 was partially refused EUTMA/IR according to Article 8(1)(a) EUTMR with decision issued on October 24, 2022 by the EUIPO.