DANPAK - 230488

• Administrative Decision Number: 230488
• opponent: MEJERIFOR-ENINGEN DANISH DAIRY BOARD
• Section: Trade Marks Act, 1996 - 2008-2017

1

DECISION OF THE CONTROLLER OF PATENTS, DESIGNS AND TRADE

MARKS IN PROCEEDINGS UNDER THE TRADE MARKS ACT, 1996

BETWEEN

LIDL STIFTUNG & CO. KG

Applicant

and

MEJERIFORENINGEN DANISH DAIRY BOARD

Opponent

CONCERNING

Trade Mark Application No. 2004/02099 (230488)

DANPAK

Background

1. On 7 October, 2004, Lidl Stiftung & Co. KG, a German company of

Stiftsbergstrasse 1, D-74167 Neckarsulm, Germany, made application (No.

2004/02099) under Section 37 of the Trade Marks Act, 1996 (“the Act”) to

register the word DANPAK as a trade mark in respect of the following

specification of goods in Class 29:

Class 29: Edible oils and fats; butter, margarine; easy-to-spread mixture

consisting of butter and vegetable oil.

2. The application was accepted for registration and was advertised accordingly

under No. 230488 in Journal No. 2007 on 17 November, 2004.

3. Notice of opposition to the registration of the mark was filed pursuant to Section

43 of the Act on 16 February, 2005 by Mejeriforeningen Danish Dairy Board of