The trademark DONY BY DONYA was filed by ZAHRA SAEEDIKIA, a national of the Commonwealth of Dominica (the "Applicant"). The application was published for oppositions on July 26, 2022, and received one opposition filed on October 12, 2022 by DONIC Sportartikelvertriebsgesellschaft mit beschränkter Haftung on Likelihood of confusion. the opponent was represented by RAU, SCHNECK & HÜBNER PATENTANWÄLTE RECHTSANWÄLTE PARTGMBB and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued October 12, 2022
The application was filed in Spanish, and Spanish was also language of all opposition proceedings (English was selected as the second language).
A transfer of the trademark registration was recorded on April 27, 2023. Appointment and Replacement of representative of the trademark registration was recorded on April 18, 2024.
Goods And Services
The mark was filed in class 3 with following description of goods:
Abrasives
Essential oils and aromatic extracts
Toiletries
Tailors' and cobblers' wax
Cleaning and fragrancing preparations
Animal grooming preparations
Perfumery and fragrances
Body cleaning and beauty care preparations
Oral hygiene preparations
Household fragrances
Vehicle cleaning preparations
Laundry preparations
Leather and shoe cleaning and polishing preparations
Cosmetics
Make-up
Make-up preparations
Makeup setting sprays
Cosmetic creams
Anti-aging serum for cosmetic use
Skin calming serum
Make up foundations
Lip liners
Eyeliner
Cosmetic rouges
Eyelid shadow
Eyeshadow palettes
Lipsticks
Mascara
Eyelashes
Cosmetic preparations for eyelashes
Eyelash dye
Cosmetic preparations for eyelashes
Adhesives for affixing false eyelashes
Adhesives for false eyelashes, hair and nails
Eyebrow cosmetics
Nail cosmetics
Skin, eye and nail care preparations
Cosmetic nail care preparations
Lotions for strengthening the nails
False nails
Make-up base
Make-up powder
Make-up for compacts
Make-up pencils
Make-up kits
Make up foundations
Compacts containing make-up
Make-up removing preparations
Make-up pads of cotton wool
Make-up for the face and body
Make-up preparations for the face and body.
The mark was filed in class 5 with following description of goods:
Pharmaceuticals
Pharmaceuticals and natural remedies
Sanitary preparations for medical purposes
Dietary supplements and dietetic preparations
Food for babies
Food supplements
Sanitary preparations and articles
Dental preparations and articles, and medicated dentifrices
Dietary supplements and dietetic preparations
Hygienic preparations and articles
Pharmaceuticals and natural remedies
Mineral drinks (Medicated -)
Plasters, materials for dressings
Disinfectants
Preparations for destroying noxious animals
Medicines for human purposes
Vitamin preparations
Health food supplements made principally of vitamins.
The mark was filed in class 9 with following description of goods:
Downloadable software
Computer software
Application software
Games software
Computer hardware for games and gaming
Games software
Games software
Computer application software featuring games and gaming
Electronic publications, downloadable, relating to games and gaming
Media content
Information technology and audio-visual, multimedia and photographic devices
Computers and computer hardware
Audio/visual and photographic devices
Electrical and electronic components
Apparatus and instruments for accumulating and storing electricity
Apparatus and instruments for controlling electricity
Spectacles
Optical devices, enhancers and correctors
Glasses, sunglasses and contact lenses
Cases for spectacles and sunglasses
Computer housings
Camera casings
Covers for tablet computers
Covers for smartphones
Containers for contact lenses
Cases for loudspeakers
Keyboard cases for smartphones
Cases adapted for computers
Containers for contact lenses
Cases for telephones
Cases for headphones
Carrying cases for cellular phones
Mobile phone speakers
Mobile phone ring holders
Application software for mobile phones
Cell phone straps
Wireless headsets for use with mobile telephones
Software for mobile phones
Cell phone covers
Mobile telephones.
The mark was filed in class 10 with following description of goods:
Abdominal corsets
Clothing, headgear and footwear for medical personnel and patients
Lumbar belts
Abdominal belts
Clothing, headgear and footwear, braces and supports, for medical purposes
Retention belts
Medical and veterinary apparatus and instruments.
The mark was filed in class 18 with following description of goods:
Saddlery, whips and apparel for animals
Walking sticks
Luggage, bags, wallets and other carriers
Umbrellas and parasols
Leather and imitations of leather
Leather, unworked or semi-worked
Faux fur
Semi-worked fur
Furs sold in bulk
Curried skins
Animal skins
Cosmetic purses
Make-up boxes
Make-up bags sold empty
Pouches for holding make-up, keys and other personal items.
The mark was filed in class 21 with following description of goods:
Eye make-up applicators
Make-up brushes
Facial sponges for applying make-up
Powder compacts, empty
Makeup sponge holders
Articles for the care of clothing and footwear
Cosmetic, hygiene and beauty care utensils
Household utensils for cleaning, brushes and brush-making materials
Tableware, cookware and containers
Unworked and semi-worked glass, not specified for use
Statues, figurines, plaques and works of art, made of materials such as porcelain, terra-cotta or glass, included in the class
Dispensers for cosmetics
Dispensers for liquid soap [for household purposes]
Skin care cream dispensers
Soap racks
Shaving brush stands
Soap holders
Scent sprays [atomizers]
Soap containers
Towel racks
Soap brackets
Mascara brushes
Eyelash brushes
Eyebrow brushes
Make-up sponges
Applicators for applying eye make-up
Applicator sticks for applying makeup
Make-up artist belts.
The mark was filed in class 25 with following description of goods:
Headgear
Footwear
Clothing
Parts of clothing, footwear and headgear
Headbands [clothing]
Earbands
Casual shirts
Kerchiefs [clothing]
Headscarves
Neckerchiefs.
The mark was filed in class 35 with following description of goods:
Retail and wholesale services in relation to the following goods: optical apparatus and instruments, Spectacles and parts and fittings therefor, Apparatus and instruments for photography, Information technology, audiovisual, communications and multimedia devices, including accessories for the aforesaid goods, Video games
Online retailing and wholesaling in relation to the following goods: optical apparatus and instruments, Spectacles and parts and fittings therefor, Apparatus and instruments for photography, Information technology, audiovisual, communications and multimedia devices, including accessories for the aforesaid goods, Video games
Online retailing and wholesaling in relation to the following goods: Jewellery and Costume jewellery, Stationery products, Furniture, aromatic goods and apparatus For household purposes, Household utensils for cleaning purposes, Dishes and glassware, Cooking pot sets and containers, Cosmetic utensils, bed and table ware, Games and playthings, Lamps, paintings, statues, Vases, Candles, baggage, Handbags, Wallets and other carriers, Foodstuffs and beverages and Ready-made foodstuffs
Retail and wholesale services in relation to the following goods: Jewellery and Costume jewellery, Stationery products, Furniture, aromatic goods and apparatus For household purposes, Household utensils for cleaning purposes, Dishes and glassware, Cooking pot sets and containers, Cosmetic utensils, bed and table ware, Games and playthings, Lamps, paintings, statues, Vases, Candles, baggage, Handbags, Wallets and other carriers, Foodstuffs and beverages and Ready-made foodstuffs
Retail and wholesale services in relation to the following goods: Cosmetic preparations, Skin, eye and nail care products, Cleaning and fragrancing preparations, Perfumes and fragrances, Body cleaning and care preparations, Make-up products, Makeup application tools
Online retailing and wholesaling in relation to the following goods: Cosmetic preparations, Skin, eye and nail care products, Cleaning and fragrancing preparations, Perfumes and fragrances, Body cleaning and care preparations, Make-up products, Makeup application tools
Retail and wholesale services in relation to the following goods: leather, Of imitation leather, Headgear, Footwear, Clothing, Parts of clothing, footwear and headgear, Accessories for clothing, Online retailing and wholesaling in relation to the following goods: leather, Of imitation leather, Headgear, Footwear, Clothing, Parts of clothing, footwear and headgear, Accessories for clothing
Retail and wholesale services in relation to the following goods: Makeup applicators, Articles for treating items of clothing and footwear, Cosmetic utensils and Household utensils for cleaning purposes
Online retailing and wholesaling in relation to the following goods: Makeup applicators, Articles for treating items of clothing and footwear, Cosmetic utensils and Household utensils for cleaning purposes
Online retailing and wholesaling in relation to the following goods: Dietary preparations and supplements, dietary food supplements, Natural, energising foods, Sanitary articles and Sanitary preparations
Retail and wholesale services in relation to the following goods: Dietary preparations and supplements, dietary food supplements, Natural, energising foods, Sanitary articles and Sanitary preparations
Retail and wholesale services in relation to the following goods: Retention and abdominal belts, Exercise belts for tightening waists
Online retailing and wholesaling in relation to the following goods: Retention and abdominal belts, Exercise belts for tightening waists.
The mark was filed in class 41 with following description of goods:
Providing amusement arcade services
Casino services
Games equipment rental
Gambling services
On-line gambling services
Conducting multiple player games of chance
Providing of casino and gaming facilities
Rental of slot machines [gaming machines]
Education, entertainment and sport services
Publishing services
News reporters services
Translation and interpretation
Rental services relating to equipment and facilities for education, entertainment, sports and culture
Organisation of conferences, exhibitions and competitions
Entertainer services
Booking of performing artists for events (services of a promoter)
Entertainment services provided by performing artists
Organizing cultural and arts events
Organising of sporting activities and of sporting competitions
Music performances
Music publishing services
Arranging and conducting of concerts
Entertainment services performed by a musical group
Musical entertainment
Live music performances
Production of music
Arranging of music performances
Music festival services
On-line casino services
Casino, gaming and gambling services
Organisation of parties
Disc jockey services.
The mark was filed in class 44 with following description of goods:
Agriculture, aquaculture, horticulture and forestry services
Animal grooming services
Human hygiene and beauty care
Human healthcare services
Animal healthcare services
Pet grooming
Rental of equipment for agriculture, aquaculture, horticulture and forestry
Farming (animals)
Horticulture, gardening and landscaping
Farming (crops)
Rental of equipment for human hygiene and beauty care
Body art services
Spas
Consultancy in the field of body and beauty care
Hygienic and beauty care
Cosmetic treatment
Cosmetic make-up services
Permanent makeup services
Eyelash tinting services
Eyelash curling services
Eyelash extension services
Make-up services
Make-up consultation services provided on-line or in-person