The trademark HON was filed by WMIX, a corporation established under the laws of the Kingdom of Belgium (the "Applicant"). The application was published for oppositions on July 25, 2022, and received one opposition filed on October 19, 2022 by MWC, Lda on (a) Identity of marks and Goods and Services, (b) Likelihood of confusion. the opponent was represented by GASTÃO DA CUNHA FERREIRA, LDA. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 19, 2022
The application was filed in Dutch, and Dutch was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on January 19, 2023.
The Opposition with reference B 003181368 was Reject opposition: opposition not admissible according to Article 8(1)(a) EUTMR with decision issued on February 1, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceutical and medical preparations
Sanitary preparations for medical purposes
Dietetic foodstuffs and dietetic substances adapted for medical or veterinary use
Food supplements for humans
Dietary supplements and dietetic preparations
Supplements, including made principally from vitamins, minerals, amino acids and proteins
Food supplements for improving performance and strength and improving muscle building
Shakes, powders and other food supplements based on proteins and amino acids
Amino acid preparations for pharmaceutical use (BCAA's)
Whey protein preparations
Creatine supplements.
The mark was filed in class 29 with following description of goods:
Meat, poultry and game
Meat extracts
Fish, seafood, crustaceans and shellfish
Fish and meat substitutes
Prepared, preserved, frozen, dried and cooked fruits, vegetables and mushrooms
Fruit juices for cooking
Prepared salads
Spreads based on fruits, vegetables, seeds and/or nuts
Hummus
Tapenade
Jellies, jams, compotes
Eggs
Milk and milk products
Dairy products and dairy substitutes
Cheese
Edible oils and fats including olive oil
Soups and stocks
Prepared seeds and nuts
Chips based on potatoes and/or vegetables
Tajine
Snack food and snacks based on meat, poultry, game, fish, seafood, crustaceans and shellfish, fish and meat substitutes, vegetables, potatoes, fruits and/or nuts
Frozen products based on meat, poultry, game, fish, seafood, crustaceans and shellfish, fish and meat substitutes, vegetables, potatoes, fruits and/or nuts
Prepared meals and Prepared meals, The aforesaid goods made of the following goods: Meat, Poultry, Game, not live, Fish, not live, Seafood, shells, Fish substitutes, Meat substitutes, Vegetables, Potatoes, Fruits and/or Nuts.
The mark was filed in class 32 with following description of goods:
Mineral and aerated waters and other non-alcoholic beverages
Beer
Fruit beverages and fruit juices
Syrups and other non-alcoholic preparations for making beverages
Aerated water
Energy drinks, including energy drinks containing caffeine
Sports drinks, including containing protein.
The mark was filed in class 33 with following description of goods:
Alcoholic beverages (except beer)
Alcoholic preparations for making beverages
Spirits [beverages]
Wine
Liqueurs
Spirits
Alcoholic energy drinks
Pre-mixed alcoholic beverages, other than beer-based.
The mark was filed in class 35 with following description of goods:
Advertising
Business management
Business administration
Office functions
Publication of advertising texts
Distribution of advertising material
Promotional activities
Advertising
Business organisation, business economic and business administration consultancy
Marketing
Market canvassing, market research and market analysis
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Pharmaceutical and medical preparations, Sanitary preparations for medicine, dietetic food and substances adapted for medical or veterinary use, Food supplements for human nutrition, Dietetic supplements and dietetic preparations, Supplements, including made mainly from vitamins, minerals, amino acids and proteins
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Food supplements for improving performance and strength, Food supplements for improving muscle building, Shakes, Powders and other food supplements on the basis of protein and amino acids, Amino acid preparations for pharmaceutical use (BCAA's), Whey protein preparations, creatine supplements
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Meat, Poultry and game, meat extracts, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes, processed fruits, fungi and vegetables, Preserved fruits, Preserved vegetables, Mushrooms, preserved, Frozen fruits, Frozen vegetables, Frozen mushrooms, Dried nuts, Dried vegetables, Dried mushrooms, Cooked fruits, Cooked vegetables, Mushrooms, cooked, Fruit juice for cooking, Prepared salads, Spreads based on vegetables, fruits, seeds and/or nuts, Soil for flowering plants, Tapenades
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Jellies, Jams, Compotes, Eggs, milk and milk products, dairy products and dairy substitutes, Cheese, Oils and fats for food, including olive oil, Soups and broths, Prepared seeds and nuts, Crisps based on potatoes and/or vegetables, tagines, Snacks and snack products based on the following goods: Meat, poultry, Game, Fish, Seafood, Crustaceans and shellfish
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Fish and meat substitutes, Vegetables, Potatoes, Fruit and/or nuts, Frozen foods based on the following goods: Meat, poultry, Game, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Fish and meat substitutes, Vegetables, Potatoes, Fruit and/or nuts, Prepared meals and ready-made meals based on the following goods: Meat, poultry, Game, Fish, Seafood, Crustaceans and shellfish, Fish and meat substitutes, Vegetables, Potatoes, Fruit and/or Nuts (fruits)
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Mineral and aerated waters and other non- alcoholic drinks, Beer, Fruit drinks and fruit juices, Syrups and other non-alcoholic preparations for making beverages, effervescing beverages, Energy beverages, Including caffeinated energy drinks, sports drinks, including containing protein
Commercial business mediation relating to the purchase and sale, import and export, and wholesaling and retailing in relation to the following goods: Alcoholic beverages, Not including beer, Alcoholic preparations for making beverages, Fortified wine, Wine, liquors, Brandy, alcoholic energy drinks, Pre-mixed alcoholic beverages, not based on beers
Provision of commercial information
Organisation of events for commercial and advertising purposes
Consultancy and information regarding the aforesaid services
The aforesaid services also provided via electronic networks, such as the Internet.