The trademark newby was filed by Yiwu Niubai cosmetics Co., LTD, a corporation established under the laws of the People's Republic of China (the "Applicant"). The application was published for oppositions on November 5, 2023, and received one opposition filed on January 12, 2024 by JOVI, S.A. on Likelihood of confusion. the opponent was represented by PONTI & PARTNERS, S.L.P and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 12, 2024
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 003209958 was partially refused EUTMA/IR according to Article 8(1)(b) EUTMR with decision issued on April 22, 2025 by the EUIPO.
Goods And Services
The mark was filed in class 3 with following description of goods:
False eyelashes
Nail art stickers
Cosmetics
Cosmetics for children
Cotton wool for cosmetic purposes
Nail glitter
Make-up removing preparations
Lipsticks
Varnish-removing preparations
Cotton swabs for cosmetic purposes
Perfumes
Hair dyes
False nails
Cosmetic pencils
Nail care preparations
Depilatories
Adhesives for affixing false eyebrows
Essential oils
Mascara
Lip glosses.
The mark was filed in class 8 with following description of goods:
Hand tools, hand-operated
Electric and non-electric depilatory appliances
Hand tools for removing hardened skin
Tweezers
Hair-removing tweezers
Scissors
Pedicure sets
Nail scissors
Hand implements for hair curling
Cuticle scissors
Nail files
Emery boards
Nail files, electric
Tattoo needles
Fingernail polishers, electric or non-electric
Apparatus for tattooing
Nail clippers, electric or non-electric
Eyelash curlers
Manicure sets
Manicure sets, electric.
The mark was filed in class 21 with following description of goods: