The trademark TOYBAY was filed by Shenzhen Weihonghai Enterprise Management Consulting Partnership, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on June 15, 2022, and received one opposition filed on September 11, 2022 by eBay Inc. on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by CMS CAMERON MCKENNA NABARRO OLSWANG POSNIAK I BEJM SP.K. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued September 11, 2022
The application was filed in English, and English was also language of all opposition proceedings (German was selected as the second language).
The Opposition with reference B 003178457 was refused according to Article 8(5) EUTMR with decision issued on October 2, 2023 by the EUIPO.
Goods And Services
The mark was filed in class 35 with following description of goods:
Online retail services relating to cosmetics
Online retail services relating to jewelry
Online retail services relating to toys
Retail services connected with stationery
Retail services in relation to footwear
Retail services in relation to cutlery
Retail services in relation to furniture
Retail services in relation to pet products
Retail services relating to sporting goods
Retail services relating to automobile accessories
Retail services relating to home textiles
Retail services in relation to hand-operated tools for construction
Retail services in relation to festive decorations
Retail services in relation to lighting
Retail services in relation to headgear
Retail services in relation to musical instruments
Retail services in relation to smartwatches
Retail services in relation to mobile phones
Retail services in relation to food cooking equipment
Retail services in relation to kitchen appliances.