The trademark Smiley Diary was filed by Shanxi Daizhou Huang Trading Co., Ltd., a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on October 4, 2021, and received one opposition filed on January 3, 2022 by THE SMILEY COMPANY SPRL on Likelihood of confusion. the opponent was represented by BAKER & MCKENZIE and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 3, 2022
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 September 28, 2021. Change of name and professional address of the trademark registration was recorded on January 20, 2022.
The Opposition with reference B 003161600 was refused according to Article 8(1)(b) EUTMR with decision issued on December 20, 2022 by the EUIPO.
Goods And Services
The mark was filed in class 16 with following description of goods:
Carrier bags
Gift bags
Gift packaging
Plastic shopping bags
Wrapping paper
Artists' watercolour saucers
Palettes for painters
Pocket notebooks
Drawing pens
Writing brushes
Notepaper
Pocket diaries
Printed art reproductions
Stickers [decalcomanias]
Temporary tattoos
Record cards
Fountain pens
Pens
Log books
Note books
Notebook paper
Notepads
Sketchbooks
Diaries
Plastic bags for household use
Artists' pens
3D decals for use on any surface
Vehicle bumper stickers
Note cards.
The mark was filed in class 28 with following description of goods:
Inflatable swimming pools for recreational use [toys]