The trademark TROPICAL 40º was filed by Ilha Grande Indústria e Comércio Ltda., a corporation established under the laws of the Federative Republic of Brazil (the "Applicant"). The application was published for oppositions on June 22, 2008, and received one opposition filed on September 22, 2008 by Compañía Cervecera de Canarias, S.A. on Likelihood of confusion. the opponent was represented by OFICINA DE PROPIEDAD INDUSTRIAL GIL VEGA and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 22, 2008
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
The Opposition with reference B 001385816 was refused according to Article 8(1)(b) CTMR with decision issued on November 11, 2009 by the EUIPO.