The trademark IBABY was filed by IBABY Limited, a corporation established under the laws of the United Kingdom of Great Britain and Northern Ireland (the "Applicant"). The application was published for oppositions on September 15, 2011, and received one opposition filed on December 15, 2011 by ARBORA & AUSONIA, S.L.U. on Likelihood of confusion. the opponent was represented by CLARKE, MODET Y CÍA., S.L. and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued December 15, 2011
The application was filed in English, and English was also language of all opposition proceedings (French was selected as the second language).
Cancellation Proceedings
A total of undefined cancellation proceedings were initiated against the trademark registration in 2013.The first Cancellation was filed by IBABY LABS, INC (represented by KOCSIS ÉS SZÉNÁSSY ÜGYVÉDI IRODA) on July 27, 2017 and Final decision on costs – Request withdrawn.
The renewal of the trademark was recorded by the office on July 15, 2021.
A transfer of the trademark registration was recorded on February 5, 2012. Change of name and professional address of the trademark registration was recorded on October 7, 2012. Change of name and address of the trademark registration was recorded on August 17, 2015. Change of name and professional address of the trademark registration was recorded on October 1, 2015. Change of name and professional address of the trademark registration was recorded on February 18, 2016. Application for revocation or for a declaration of invalidity of the trademark registration was recorded on November 9, 2016. Decisions on applications for revocation or for a declaration of invalidity of the trademark registration was recorded on August 7, 2017. Change of name and professional address of the trademark registration was recorded on January 7, 2018. Change of name and professional address of the trademark registration was recorded on March 19, 2019. Deletion of the representative of the trademark registration was recorded on January 6, 2021.
The Opposition with reference B 001948143 was partially refused EUTMA/IR according to Article 8(1)(b) CTMR with decision issued on July 30, 2013 by the EUIPO.
The application claimed as seniority of the United Kingdom of Great Britain and Northern Ireland trademark 2535230 registered on July 1, 2010 and filed on December 28, 2009 which was accepted by the office.
Goods And Services
The mark was filed in class 3 with Bleaching preparations and other substances for laundry use.
The mark was filed in class 5 with following description of goods:
Adhesive bandages
Vitamin supplements and first aid kits
Plasters, materials for dressings
Material for stopping teeth, dental wax.
The mark was filed in class 9 with following description of goods:
Scientific, nautical, surveying, photographic, cinematographic, optical, weighing, measuring, signalling, checking (supervision), life-saving and teaching apparatus and instruments
Apparatus and instruments for conducting, switching, transforming, accumulating, regulating or controlling electricity
Apparatus for recording, transmission or reproduction of sound or images
Magnetic data carriers, recording discs
Automatic vending machines and mechanisms for coin-operated apparatus
Cash registers, calculating machines, data processing equipment and computers
Fire-extinguishing apparatus
Cameras
Animated cartoons
Films
Pre-recorded media including video cassettes, video tapes, compact discs, audio cassette tapes, video discs, video game cartridges and computer discs
Computer software concerned with children's education and entertainment
Sunglasses and spectacle frames.
The mark was filed in class 10 with following description of goods:
The mark was filed in class 12 with following description of goods:
Baby carriages, covers for baby carriages
Strollers, stroller covers
Car seats, bicycles, and tricycles
Vehicles
Apparatus for locomotion by land, air or water.
The mark was filed in class 16 with following description of goods:
Albums
Bags of paper or of plastics
Binders
Blackboards
Books
Book makers
Boxes
Calendars
Canvas for painting
Calculating tables
Cardboard articles
Catalogues
Chalk
Charts
Coasters of paper
Comic books
Compasses for drawing
Copying paper
Document files
Drawing boards
Drawing instruments
Drawing materials
Drawing pads
Drawing pens
Drawing pencils
Drawing sets
Easels
Envelopes
Erasers
Folders for stationery and papers
Fountain pens
Glue
Greeting cards
Handbooks
Passport holders
Ink
Magazines
Manuals
Maps
Modelling clay
Modelling material
Moulds for modelling clays
Apparatus for mounting photographs
Musical greeting cards
Newsletters
Pads of paper
Paintbrushes
Packaging materials of paper
Packaging materials of cardboard
Packaging materials of plastics
Papier mâché
Printed pictures and posters
Post cards
Pastels, crayons
Pen cases
Pencil sharpeners
Photographs
Photographs frames
Plastics film for wrapping
Printed matter
Printed publications
Printing sets
Rulers (drawing)
School supplies
Scrapbooks
Stationery
Stencils
Table linen of paper
Teaching materials
Tracing paper
Stickers and transfers
Watercolours
Wrapping paper
Wood pulp board
Wood pulp paper
Writing board erasers
Writing instruments
Writing materials
Writing pads
Writing paper.
The mark was filed in class 18 with following description of goods:
Athletic bags
Baby backpacks
Backpacks
Beach bags
Book bags
Diaper bags
Duffel bags
Gym bags
Tote bags
Coin purses
Fanny packs
Knapsacks
Waist bags
Shopping bags
Umbrellas
Wallets
Luggage
Handbags
Purses.
The mark was filed in class 20 with following description of goods:
Furniture, mirrors, picture frames
Goods (not included in other classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone, shell, amber, mother-of-pearl, meerschaum and substitutes for all these materials, or of plastics
Sleeping bags
Plastic cake decorations
Drinking straws
Figurines of wood, wax, plaster, or plastic
Picture frames
Jewellery cases not of precious metal
Mobiles (decoration)
Pillows
Decorative wall plaques
Statues of wood, wax, plaster, or plastic
Trays not of metal
Wind chimes
Toy chests
Beds
Infant walkers
Seats
Bassinets
Cradles
Play pens
Nesting boxes
High chairs for babies
Crib bumpers.
The mark was filed in class 21 with following description of goods:
Household or kitchen utensils and containers
Combs
Brush-making materials
Steelwool
Unworked or semi-worked glass (except glass used in building)
Glassware, porcelain and earthenware not included in other classes
Wastepaper baskets
Beverage glassware
Bowls
Lunch boxes
Hair brushes
Cake moulds
Hair combs
Cups
Decorative boxes
Decorative plates
Figurines of china, crystal, earthenware, glass, porcelain, and terra cotta
Cookie jars
Tea kettles
Mugs
Paper cups
Paper plates
Dishes
Plates
Soap dishes
Trivets
Vacuum bottles
Toothbrushes
Coasters
Plastics cups
Removable insulators for drink cans and bottles
Insulated containers
Plastics trays.
The mark was filed in class 24 with following description of goods:
Afghans
Bath linen
Blankets
Sheets
Pillow cases
Comforters
Curtains
Bed skirts
Table linen
Bed linen
Quilts
Handkerchiefs
Bed spreads
Flags and pennants of textile
Wall hangings
Shower curtains
Bed and table covers.
The mark was filed in class 25 with following description of goods:
Aprons
Bandanas
Bath robes
Bath sandals
Bath slippers
Bathing caps
Bathing suits
Beach clothes
Beach shoes
Belts
Bibs, not of paper
Boots
Boots for sports
Braces for clothing
Caps
Ear muffs
Galoshes
Gloves
Hats
Headbands
Jackets
Jerseys, jumpers
Knitwear
Mittens
Neckties
Outer clothing
Pyjamas
Pants
Pullovers
Sandals, scarves
Shirts
Shoes
Singlets
Skirts
Socks
Suits
Undergarments
T-shirts
Trousers
Underwear.
The mark was filed in class 28 with following description of goods:
Gymnastic and sporting articles not included in other classes
Toys for children, pull toys, masks, balloons, soap bubbles, board games, hand-held electronic games, role-playing games, and music, art, language, poetry, math and science multiple-activity toys