The trademark Honesto Otio was filed by Katerina Tchakalski, a national of the Republic of Bulgaria (the "Applicant") and Niccolo Biancheri Chiappori, a national of the Italian Republic (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on February 2, 2020, and received one opposition filed on May 17, 2020 by Honest Tea, Inc. on Likelihood of confusion. the opponent was represented by HOYNG ROKH MONEGIER ESPAÑA, S.L.U. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued May 17, 2020
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Appointment and Replacement of representative of the trademark registration was recorded on August 26, 2020. Change of name and professional address of the trademark registration was recorded on April 25, 2021. Change of name and address of the trademark registration was recorded on November 29, 2022. Change of name and address of the trademark registration was recorded on November 29, 2022.
The Opposition with reference B 003121682 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on November 24, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
Toiletries
Essential oils and aromatic extracts
Animal grooming preparations
Cleaning and fragrancing preparations
Mouthwashes
Mouthwash
Non-medicated mouthwashes
Dentifrices and mouthwashes
Mouthwashes, not for medical purposes.
The mark was filed in class 25 with following description of goods:
Tops [clothing]
Bath robes
Bathing costumes for women
Bathing suit cover-ups
Bathing suits
Bathing suits for men
Bathing trunks
Beach clothes
Beach robes
Beach wraps
Bed jackets
Bed socks
Blouses
Blue jeans
Bodices [lingerie]
Bodies [clothing]
Bridesmaids wear
Bustiers
Button down shirts
Bowties
Boxer shorts
Boys' clothing
Brassieres
Bridal garters
Bridesmaid dresses
Casual trousers
Casual shirts
Casual jackets
Capes
Cardigans
Cashmere clothing
Cashmere scarves
Casualwear
Chefs' whites
Clothing for men, women and children
Ballet slippers
Bath slippers
Beach shoes
Children's footwear
Baby sandals
Bath sandals
Casual footwear
Headgear
Parts of clothing, footwear and headgear.
The mark was filed in class 26 with Accessories for apparel, sewing articles and decorative textile articles and Charms [not jewellery or for keys, rings or chains]..
The mark was filed in class 30 with following description of goods:
Ice, ice creams, frozen yogurts and sorbets
Processed grains, starches, and goods made thereof, baking preparations and yeasts
Salts, seasonings, flavourings and condiments
Sugars, natural sweeteners, sweet coatings and fillings, bee products.
The mark was filed in class 33 with Alcoholic beverages (except beer).
The mark was filed in class 41 with following description of goods:
Sports coaching
Sports training
Special event planning
Organisation of entertainment events
Teaching of music.
The mark was filed in class 43 with following description of goods:
Arranging of accommodation for holiday makers
Accommodation services
Hospitality services [accommodation]
Rental of furniture, linens, table settings, and equipment for the provision of food and drink.