The trademark miababy was filed by Q4 MEDIA, a corporation established under the laws of Romania (the "Applicant"). The application was published for oppositions on July 25, 2021, and received one opposition filed on October 24, 2021 by INTERAPOTHEK, S.A.U. on Likelihood of confusion. the opponent was represented by GARRIGUES IP, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 24, 2021
The application was filed in Romanian, and Romanian was also language of all opposition proceedings (English was selected as the second language).
Change of name and professional address of the trademark registration was recorded on January 17, 2024.
The Opposition with reference B 003157242 was rejected according to Article 8(1)(b) EUTMR with decision issued on May 30, 2023 by the EUIPO. The Appeal with reference B R1529/2023-1 was Trade mark application allowed according to Article 8(1)(b) EUTMR with decision issued on October 30, 2023 by the EUIPO. The null with reference B T-1169/23 was Decision confirmed according to null with decision issued on November 12, 2024 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Medical preparations
Pharmaceutical preparations for veterinary use
Sanitary preparations for medical purposes
Dietetic foods adapted for infants
Dietetic foods adapted for medical purposes
Infant formula
Powdered milk foods for infants
Dietary and nutritional supplements
Nutritional supplements
Food supplements
Mineral nutritional supplements
Vitamin and mineral supplements
Colostrum supplements
Dietary supplements for infants
Adhesive plasters
Plasters, materials for dressings
Mosquito-repellent patches for babies
Vitamin supplement patches
Transdermal patches
Dental materials for stopping the teeth
Disinfectants
Disinfectant soap
Disinfectants for hygiene purposes
Fungicides
Babies' diaper-pants
Dietetic substances for babies
Medicated baby oils
Babies' swim diapers
Shaped napkins of cellulose for babies
Shaped napkins of paper for babies
Babies' creams [medicated]
Swim diapers, reusable, for babies
Babies' diapers of cellulose or paper
Disposable babies' diaper-pants
Dietetic beverages for babies adapted for medical purposes
Diaper changing mats, disposable, for babies
Paper diapers
Swim diapers, disposable, for babies
Disposable liners for babies' diapers
Disposable babies' diapers of paper and cellulose
Disposable swim diapers for children and infants
Food supplements for sportsmen.
The mark was filed in class 12 with following description of goods:
Portable babies’ seats for vehicles
Infants' carriages with removable infant supports
Wheeled transporters for babies
Safety seats for babies for use in vehicles
Safety seats for infants and children for vehicles
Vehicle safety harnesses for pram bodies
Vehicle safety restraints for use with pram bodies
Harnesses for prams
Seat safety harnesses for motor cars
Harnesses for use with pushchairs
Security harness for vehicle seats
Vehicle safety harness for carry cots
Vehicle booster seats for use with a safety harness
Child safety harnesses for vehicle seats
Vehicle safety harness for safety seats for children
Children's safety belts for use in vehicles
Children's car seats
Portable children’s seats for vehicles
Vehicle booster seats for children
Children's seats for use in vehicles
Children’s bicycle seats
Car safety seats for children
Child booster cushions for vehicle seats
Safety seats for children, for vehicles
Safety seats adapted for use by children in vehicles
Sports bicycles.
The mark was filed in class 24 with following description of goods:
Curtains made of textile fabrics
Labels of textile
Textiles
Table napkins of textile
Bed linen and blankets
Bed canopies
Bed clothes and blankets
Cot bumpers [bed linen]
Infants' bed linen
Disposable bedding of paper
Textile goods for use as bedding
Draperies [thick drop curtains]
Curtain fabric
Door curtains
Curtains of plastic
Ready made curtains
Baby blankets
Baby buntings
Sleeping bags for babies
Towels [textile] for use in connection with babies
Diaper changing cloths for babies
Textile goods for making headshawls and yashmaghs
Fabric linings for headgear
Wall hangings
Interior decoration fabrics
Wall decorations of textile.
The mark was filed in class 25 with following description of goods:
Babies' pants [underwear]
Pram suits
Baby tops
Baby bodysuits
Baby bottoms
Babies' undergarments
Babies' outerclothing
Clothing
Hats
Thermal headgear
Sun visors [headwear]
Peaked headwear
Leather headwear
Bonnets [headwear]
Clothing for gymnastics
Athletic uniforms
Sportswear.
The mark was filed in class 28 with following description of goods:
Children's playthings
Infants' swings
Infants' swing seats
Baby gyms
Infant development toys
Multiple activity toys for babies
Baby rattles incorporating teething rings
Games
Sports games
Chess games
Electronic games
Musical games
Playing cards
Go games
Draughts [games]
Dice
Coin-operated games
Parlour games
Hand-held electronic games
Balls for games
Hand-held consoles for playing video games
Ring games
Apparatus for games
Table-top games
Dominoes
Building games
Free-standing video games apparatus
Backgammon games
Boule games
Counters [discs] for games
Pinball games
Video game consoles
Memory games
Miniatures for use in war games
Paddle ball games
Electronic educational game machines for children
Paintballs [ammunition for paintball guns] [sports apparatus]
Role playing games
Quiz games
Electronic educational teaching games
Tabletop basketball games
Games relating to fictional characters
Electronic targets for games and sports
Scale model vehicles
Trading cards for games
Toys, games, and playthings
Models for use with role playing games
Gymnastic and sporting articles
Gym balls for yoga
Sporting articles
Sleds [sports articles]
Spring boards [sports articles]
Javelins [sporting articles]
Inflatable balls for sports
Balls being sporting articles
Nets for sports
Toy sporting apparatus
Cases adapted for sporting articles
Doll house furnishings
Decorations for Christmas trees
Video game apparatus
Electronic games apparatus.
The mark was filed in class 35 with following description of goods:
Retail services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Wholesale services for pharmaceutical, veterinary and sanitary preparations and medical supplies
Retail services in relation to headgear
Wholesale services in relation to headgear
Wholesale services in relation to festive decorations
Retail services in relation to festive decorations
Business assistance, management and administrative services
Advertising, marketing and promotional services
Administration of the business affairs of retail stores
Advertising
Online advertisements
Advertising and marketing
Magazine advertising
Arrangement of advertising
Advertising by mail order
Bill-posting
Product marketing
Marketing assistance
Provision of information relating to marketing
Market campaigns
Marketing by telephone
Marketing research
Import and export services
Distribution of samples.
The mark was filed in class 38 with following description of goods:
Provision and rental of telecommunications facilities and equipment
Telecommunication services
Telecommunications consultancy
Sending [transmission] of news
Sending of telegrams
Provision of communications via radio
Audiotext services
Data communication services accessible by password
Audiovisual communication services
Audio communications services
Wire agency [communication] services
Electronic communications services
Message services
Providing video conferencing services
Inter-active video text services
Video transmission services
Transmission of data, messages and information
Transmission of written communications (Electronic -)
Transmission of information relating to pharmaceuticals, medicine and hygiene.
The mark was filed in class 41 with following description of goods:
On-line gaming services
Games equipment rental
Rental of video games
Organisation of games and competitions
Computer and video game amusement services
Providing games
Amusement arcade services
Providing on-line video games
Arranging and conducting of games
Arranging of games
Organization of baseball games
Auditioning for tv game shows
Organising of audience participative games
Interactive computer game services
Administration [organisation] of gameshows
Entertainment in the nature of basketball games
Entertainment in the nature of baseball games
Entertainment in the nature of hockey games
Rental of game machines and apparatus
Providing on-line interactive computer games
Organisation of quizzes, games and competitions
Gym activity classes
Pregnancy gymnastics instruction
Organising gymnastics events
Sports coaching
Sports training
Sporting activities
Tuition in sports
Sports and fitness services
Organisation of tournaments
Organising of sporting activities and of sporting competitions
Education, entertainment and sports
Sporting education services
Educational services relating to sports
Winter sports instruction.
The mark was filed in class 44 with following description of goods:
Providing information relating to dietary and nutritional supplements
Human hygiene and beauty care
Human healthcare services
Agriculture, aquaculture, horticulture and forestry services
Providing information about dietary supplements and nutrition
Providing information relating to dietary and nutritional guidance
Nutrition consultancy
Lifestyle counseling and consultancy for medical purposes
Dietary and nutritional advice
Providing nutritional information about food
Provision of information relating to nutrition
Lactation consulting services
Nutrition counseling
Aromatherapy services
Homeopathic clinical services
Postnatal care services for women
Midwife services
Pregnancy massage services
Occupational therapy services
Music therapy for physical, psychological and cognitive purposes
Consultancy provided via the Internet in the field of body and beauty care.