The trademark TO BE HONEST was filed by Julian Daynov, a national of the Federal Republic of Germany (the "Applicant") and Felix Kruck, a national of the Federal Republic of Germany (the "Co-Applicant", and jointly with the "Applicant" referred to as the "Applicants" going forward). The application was published for oppositions on May 25, 2021, and received three oppositions.
Opposition Proceedings
There are three Oppositions claimed against trademark.
The first opposition filed on August 25, 2021 by Honest Tea, Inc. on Likelihood of confusion. the opponent was represented by HOYNG ROKH MONEGIER ESPAÑA, S.L.U. and its proceedings were handled in English The second opposition filed on August 24, 2021 by Musgrave Limited on Likelihood of confusion. the opponent was represented by FRKELLY and its proceedings were handled in English The third opposition filed on August 23, 2021 by Krüger GmbH & Co. KG on Likelihood of confusion. the opponent was represented by KUTZENBERGER WOLFF & PARTNER and its proceedings were handled in German
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
Goods And Services
The mark was filed in class 3 with following description of goods:
Non-medicated cosmetics and toiletry preparations
Non-medicated dentifrices
Perfumery, essential oils
Bleaching preparations and other substances for laundry use
Cleaning, polishing, scouring and abrasive preparations.
The mark was filed in class 4 with following description of goods:
Fuels and illuminants
Candles and wicks for lighting
Perfumed candles
Candles
Fragranced candles.
The mark was filed in class 18 with following description of goods:
Leather and imitation leather
Animal skins, hides
Luggage and carrying bags
Umbrellas and parasols
Walking sticks
Whips, harness and saddlery
Collars, leashes and clothing for animals
Evening clutch bags
Portfolio cases [briefcases]
Folio cases
Briefbags
Attaché cases
Briefcases [leatherware]
Briefcases [leather goods]
Briefcases for works of art
Briefcases and attache cases
Holdalls
Wrist mounted purses
Luggage tags [leatherware]
Work bags
Attache cases made of imitation leather
Evening handbags
Pouch baby carriers
Beach bags
Belt bags and hip bags
Worked or semi-worked hides and other leather
Clothing for pets
Pouches
Leather pouches
Pouches for toilet purposes
Carry-on bags
Boston bags
Wallets
Handbags
Pocket wallets (leatherware)
Leather wallets
Card wallets [leatherware]
Wallets containing card holders
Wallets for attachment to belts
Book bags
Bags for campers
Skins of chamois, other than for cleaning purposes
Kid
Ladies' handbags
Covers and wraps for animals
Diplomatic bags
Boxes of leather or leatherboard
Textile shopping bags
Net bags for shopping
Shopping bags
Shopping bags made of skin
Shopping bags with wheels attached
Flexible bags for garments
Credit-card holders
Foldable briefcases
Roll bags
Casings, of leather, for springs
Coverings of skins [furs]
Sporrans
Flight bags
Casual bags
Towelling bags
Driving licence cases
Curried skins
Rattan canes
Bags for men
Coin purses
Purses
Chain-mesh purses
Purses made of precious metal
Wallets, not of precious metal
Small purses
Luggage
Luggage, bags, wallets and other carriers
Luggage tags
Travel luggage
Travel baggage
Knitted bags, not of precious metals
Gladstone bags
Golf umbrellas
Small clutch purses
Umbrella handles
Hold-alls
Portmanteaus
Hipsacks
Collars for pets
Collars for cats
Suitcases
Travelling sets [leatherware]
Travelling bags made of imitation leather
Suitcase handles
Handbags made of leather
Handbags made of imitations leather
Handbags, purses and wallets
Handbag frames
Pochettes
Gentlemen's handbags
Hat boxes of leather
Japanese utility pouches (shingen-bukuro)
Card cases [notecases]
Sling bags for carrying infants
Travel garment covers
Carriers for suits, shirts and dresses
Garment bags for travel
Garment bags for travel made of leather
Travel cases for clothing
Clothing bags
Small bags for men
Small suitcases
Small coin purses
Overnight bags
Small rucksacks
Small travel bags for transporting jewellery, not being especially designed therefor
Travelling trunks
Overnight cases
Luggage labels
Trolley cases
Cosmetic purses
Vanity cases, not fitted
Cosmetic bags
Cosmetic bags, not fitted
Cosmetic bags sold empty
Tie cases
Credit card cases [wallets]
Credit card cases of imitation leather, being parts of purses
Leather credit card wallets
Credit card wallets
Leather credit card cases
Courier bags
Cases of leather or leatherboard
Boxes of vulcanised fibre
Leather
Leather for furniture
Leather for shoes
Leather, unworked or semi-worked
Leather purses
Trimmings of leather for furniture
Sheets of leather for use in manufacture
Leather thread
Straps (Leather -)
Imitation leather
Studs of leather
Leatherboard
Leather straps
Leather boxes
Laces (Leather -)
Leather bags
Leather bags and wallets
Leather sheets
Straps for soldiers' equipment
Cosmetic cases sold empty
Canvas bags
Make-up cases
Tote bags
Duffel bags
Multi-purpose purses
Wallets of precious metal
Moleskin [imitation of leather]
Coats for dogs
Coats for cats
Furniture coverings of leather
Coin holders
Coin purses, not of precious metal
Music cases
Travel kit bags sold empty
Dog parkas
Fur
Fur pelt
Purse
Banknote holders
Purse frames
Frames for umbrellas or parasols
Rainproof parasols
Umbrellas
Umbrellas for children
Trunks and travelling bags
Travelling handbags
Traveling trunks
Trunks [luggage]
Kori wicker trunks
Travelling sets
Travelling bags
Trunks and suitcases
Leashes (leather)
Shoulder straps
Straps made of imitation leather
Straps for handbags
Straps for luggage
Raw skins
Leather unworked
Wheeled shopping bags
Backpacks
Butts [parts of hides]
Boxes made of leather
Boxes of leather or leather board
Parasols
Umbrella covers
Umbrella rings
Umbrella sticks
Holders in the nature of cases for keys
Key bags
Key cases
Key cases made of leather
Shoe bags
School book bags
School knapsacks
Satchels
Leather shoulder belts
Shoulder bags
Walking stick seats
Souvenir bags
Walking sticks and umbrellas combined
Sport bags
Cane handles
Beach umbrellas [beach parasols]
Daypacks
Charm bags (omamori-ire)
Bags made of imitation leather
Bags, pouches of leather
Bumbags
Telescopic umbrellas
Patio umbrellas
Animal skins
Kit bags
Haversacks
Rucksacks on castors
Carrying cases for documents
Carrier bags
Gym bags
Pouches for holding make-up, keys and other personal items
Clutch purses
Clutch bags
Clutches (purses)
Bags [envelopes, pouches] of leather, for packaging
Business card cases
Nappy bags
Nappy wallets
Weekend bags
Two-wheeled shopping bags.
The mark was filed in class 24 with following description of goods:
Table cloths, napkins and placemats
Bed covers, bedding including sheets and pillow cases
Towels and wash cloths, and textiles (piece goods) and textile household articles not included in other classes.
The mark was filed in class 25 with following description of goods: