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Bottom line: The Board found that “NATURAL HONEY” is descriptive and misdescriptive for soaps, cosmetics and hair lotions in Class 3, whereas it is not descriptive or misdescriptive for bleaching preparations and other substances for laundry use; cleaning, polishing, grease removing and abrasive preparations; perfumery; essential oils; dentifrices in Class 3.

The Colomer Group Spain, S.L. filed an international trademark application for “NATURAL HONEY” designating bleaching preparations and other substances for laundry use; cleaning, polishing, grease removing and abrasive preparations; soaps; perfumery; essential oils; cosmetics, hair lotions; dentifrices in Class 3.  The application was registered without office action.  An opposition was filed against the registration on the ground that “NATURAL HONEY” is descriptive for the designated goods containing natural honey in Class 3 (Section 3-1-3) and is misdescriptive for those not containing natural honey (Section 4-1-16).

The Board reviewed the case and found as follows:

1. As for soaps, cosmetics and hair lotions

The Board found the following facts:
- There are soaps, cosmetics and hair lotions containing honey.
- Soaps made of naturally-derived ingredients are called natural soaps.
- Cosmetics made of naturally-derived ingredients are called natural cosmetics.
- The term “natural honey” is used in connection with goods containing natural honey in toiletry industry.

Therefore, the opposed mark will be regard as an indication of the ingredients or quality of the goods when used for soaps, cosmetics and hair lotions containing natural honey, and will not function as a source identifier.  Also, the mark will be misdescriptive for these goods not containing natural honey.  Thus, the mark falls under Section 3-1-3 and 4-1-16 of Trademark Act.

2. As for bleaching preparations and other substances for laundry use; cleaning, polishing, grease removing and abrasive preparations; perfumery; essential oils; dentifrices

The Board did not find any fact that the term “natural honey” is ordinarily used as an indication of the material or quality of the above goods in trade.  Accordingly, the opposed mark will not be regarded as an indication of the material or quality of the goods, and will function as a source identifier.  Also, the mark is not likely to cause confusion about the quality of the goods.  Thus, the mark does not fall under Section 3-1-3 and 4-1-16 of Trademark Act with respect to the above goods.

And so the Board revoked the registration partially with respect to soaps, cosmetics and hair lotions, and sustained the registration with respect to the remaining goods.