The trademark BONEO was filed by CAFEA GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 12, 2020, and received one opposition filed on January 12, 2021 by BONECO a.s. on Likelihood of confusion. the opponent was represented by Labalestra, Klára and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2021
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Goods And Services
The mark was filed in class 29 with Coffee creamer, Mixed-milk beverages, milk and/or milk powder predominating, Including with added coffee and/or tea and/or Cocoa and chocolate and/or Malt and/or Malt goods and/or Sweeteners for the table and/or Flavourings, All the aforesaid goods including being instant products or concentrates and Low calorie dairy food and milk beverages with a predominant or half milk content, also with added cocoa and/or malt and/or chocolate, all aforesaid goods in instant or concentrated form..
The mark was filed in class 30 with following description of goods:
Coffee, coffee extracts
Artificial coffee, grain coffee, chicory coffee, malt coffee and mixtures of the aforesaid goods
All the aforesaid goods including in instant form or in concentrated form
Tea, tea extracts, coffee-based, tea-based, cocoa-based and chocolate-based beverages, including with added milk and/or fruit preparations and/or malt and/or malt preparations and/or flavourings and/or sweeteners and/or fructose and/or glucose and/or caffeine and/or vitamins and/or minerals, all the aforesaid goods including in instant form or being concentrates
Cocoa, chocolate
Cocoa-based beverages, Chocolate, Beverages containing chocolate, Chocolate and confectionery, In particular bars, Including with added milk products and/or Prepared fruits and/or Malt and/or Malt-based preparations and/or Honey containing nuts and/or Cereal products
Pastry and confectionery
Natural sweeteners and sweetening substances
Coffee, cocoa and chocolate preparations for making non-alcoholic beverages
Mixed drinks predominantly consisting of tea, tea beverages, herbal and fruit tea drinks, all the aforesaid goods including in instant form.
The mark was filed in class 32 with following description of goods:
Soft drinks
Non-alcoholic beverages, including with added coffee and/or tea and/or cocoa and/or chocolate and/or fruit products and/or milk products and/or maize and/or maize products, all aforesaid goods including in instant or concentrated form
Milk beverages with less than half being milk, including with added milk products, in instant or concentrated form
Energy drinks, Including with added tea and/or flavourings, Including all of the aforesaid goods in instant form or Being concentrate, revitalising beverages with added natural plant goods containing caffeine and Also in instant form or Being concentrate (other than for medical use), Vitamins and minerals and/or Caffeine, With added natural plant goods containing caffeine and Also in instant form or Concentrate (other than for medical use)
Mineral water [beverages], Non-alcoholic beverages with added tea, Dairy products and/or Honey, All the aforesaid goods also being instant products or Concentrates.