LE CHEF DE CUISINE - 158196-158197

• Administrative Decision Number: 158196-158197
• Date: 01 December 2004
• opponent: SOCIÉTÉ DES PRDUITS NESTLE S.A.

1

TRADE MARKS ACT, 1963

Decision in Hearing under Section 26

IN THE MATTER OF two applications for the registration of a trade mark (Nos.

158196 and 158197) and in the matter of an opposition thereto.

LIDL STIFTUNG & CO. KG Applicant

SOCIÉTÉ DES PRODUITS NESTLÉ S.A. Opponent

The applications

1. On 18 October, 1993, Lidl Stiftung & Co. KG, a Kommanditgesellschaft

organised and existing under the laws of the Federal Republic of Germany, of

Heiner-Fleischmann-Str. 2, 74172 Neckarsulm, Germany, (now of

Stiftsbergstrasse 1, D-74167, Neckarsulm, Germany) Manufacturers and

Merchants made applications (Nos. 93/4962 and 93/4963) to register the mark

shown below as a Trade Mark in Part A of the Register in Classes 29 and 30 in

respect of specifications of goods that were amended in the course of the

examination of the applications to read as indicated below. The applications

claimed priority of an application for registration filed in Germany on 8 July,

1993.

Appln.

No.

Class Goods

93/4962 29 Meat, fish poultry and game, all aforementioned goods also

deep frozen; meat extracts; meat, sausage, fish, fruit and

2

vegetable preserves, preserved, dried and cooked fruits and

vegetables; meat broth preparations or concentrated soups,

including meat extracts and bouillon cubes, granulated

bouillon; soups (cooked), vegetables extracts for use as

additives for food and meat - all being goods included in Class

29.

Appln.

No.

Class Goods

93/4963 30 Cooked dishes, substantially made from meat, fish, game, rice,

farinaceous pastes and/or vegetables, all aforementioned

goods also deep frozen; sauces (condiments); spices; pizza

covered with vegetables, mushrooms, meat, fish, sausages

and/or cheese - all being goods included in Class 30.

2. The applications were accepted for registration in Part A of the Register and

advertised accordingly under Nos. 158196 and 158197, respectively, in Journal

No. 1754 on 22 February, 1995. The advertisement carried notings to the effect

that registration of the mark would give no right to the exclusive use of the words

“CHEF” and “CUISINE” and that the use of the mark would be limited to the

colours shown in the representations accompanying the applications.

3. Notices of Opposition to the registration of the mark pursuant to Section 26 of the

Act were filed on 22 January, 1996 by Société des Produits Nestlé S.A., a Société

Anonyme organised and existing under the laws of Switzerland, of Case Postale

353, 1800 Vevey, Switzerland. The Applicant filed counter-statements on 29

May, 1996 and evidence was, in due course, filed by the parties under Rules 37

and 38 of the Trade Marks Rules, 1963.

4. The Opposition became the subject of a Hearing before me, acting for the

Controller, on 10 May, 2004. The parties were notified on 15 November, 2004

that I had decided to dismiss the opposition and to allow the applications to

proceed to registration. I now state the grounds of my decision and the materials

used in arriving thereat.