EUTM file information

018567632

Smiley Diary


September 28, 2021

Trademark Summary

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:
    1. Carrier bags
    2. Gift bags
    3. Gift packaging
    4. Plastic shopping bags
    5. Wrapping paper
    6. Artists' watercolour saucers
    7. Palettes for painters
    8. Pocket notebooks
    9. Drawing pens
    10. Writing brushes
    11. Notepaper
    12. Pocket diaries
    13. Printed art reproductions
    14. Stickers [decalcomanias]
    15. Temporary tattoos
    16. Record cards
    17. Fountain pens
    18. Pens
    19. Log books
    20. Note books
    21. Notebook paper
    22. Notepads
    23. Sketchbooks
    24. Diaries
    25. Plastic bags for household use
    26. Artists' pens
    27. 3D decals for use on any surface
    28. Vehicle bumper stickers
    29. Note cards.
  • The mark was filed in class 28 with following description of goods:
    1. Inflatable swimming pools for recreational use [toys]
    2. Action figures [toys or playthings]
    3. Action toys
    4. Battery operated toys
    5. Bouncing toys
    6. Building blocks [toys]
    7. Children's playthings
    8. Remote controlled flying toys
    9. Toys
    10. Construction toys
    11. Costumes being childrens playthings
    12. Doll playsets
    13. Face masks being playthings
    14. Inflatable toys
    15. Masks [playthings]
    16. Plush toys
    17. Puzzles [toys]
    18. Radio-controlled toys
    19. Remote control toys
    20. Squeeze toys.