The trademark Lily & Dan was filed by Aldi GmbH & Co. KG, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on October 30, 2022, and received one opposition filed on January 22, 2023 by Lilly A/S on (a) Likelihood of confusion, (b) Unfair advantage and detriment to distinctiveness or repute. the opponent was represented by PLESNER Advokatpartnerselskab and proceedings were handled in English, and the oppositon was dismissed by the Euorpean Union Intellectual Property Office with decision issued January 22, 2023
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Partial Surrender of the trademark registration was recorded on January 15, 2024.
Goods And Services
The mark was filed in class 9 with Cases adapted for mobile phones and Sunglasses..
The mark was filed in class 10 with following description of goods:
Sanitary masks
Protective breathing masks, Of non-woven materials
Protective oro-nasal masks.
The mark was filed in class 14 with following description of goods:
Precious metals and their alloys
Jewellery, precious stones and semi-precious stones
Horological and chronometric instruments.
The mark was filed in class 18 with following description of goods:
Leather and imitations of leather
Animal skins, hides
Luggage and carrying bags
Umbrellas and parasols
Walking sticks
Whips, harness and saddlery
Collars, leashes and clothing for animals
Card cases [notecases]
Credit-card holders
Rucksacks.
The mark was filed in class 24 with following description of goods:
Textiles and substitutes therefor
Linens
Curtains of textile or plastic
Towels [textile] for use in connection with babies
Diaper changing cloths for babies
Sleeping bags
Molleton sheets.
The mark was filed in class 25 with following description of goods:
Clothing, footwear, headgear
Baby bibs [not of paper]
Waist belts
None of the aforementioned goods being clothing for festive and religious occasions, bridal goods (namely, bridal veils, bridal panty hoses, bridal shoes), bridalwear, evening dresses, wedding dresses, bridesmaid dresses or clothing for religious ceremonies.
The mark was filed in class 26 with following description of goods:
Lace, Braids, Braid, Braids, Braids and embroidery, and ribbons and bows (haberdashery)