The trademark TCSHYBO was filed by Eduardo Cuspinera Dieguez, a national of the Kingdom of Spain (the "Applicant"). The application was published for oppositions on November 1, 2009, and received one opposition filed on January 21, 2010 by Tchibo Markenverwaltungs GmbH & Co. KG on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by Hogan Lovells (Alicante) S.L. & Cia. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 21, 2010
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 001608358 was refused according to Article 8(1)(b) CTMR with decision issued on March 6, 2011 by the EUIPO.