The trademark application Shake the cheese was filed by DMK Deutsches Milchkontor GmbH, a corporation established under the laws of the Federal Republic of Germany (the "Applicant"). The application was published for oppositions on July 9, 2013, and it was registered by office on October 16, 2013 without any oppositions.
The application was filed in German, and German was also language of all opposition proceedings (English was selected as the second language).
Change of name and address of the trademark registration was recorded on January 8, 2014. Change of name and professional address of the trademark registration was recorded on December 27, 2015.
The Refusal with reference B 011432952 was partially rejected according to Article 7(1)(b) CTMR with decision issued on March 27, 2013 by the EUIPO.
Goods And Services
The mark was filed in class 5 with following description of goods:
Dietetic foodstuffs and substances adapted for medical use
Milk sugar (lactose)
Food supplements for human beings.
The mark was filed in class 29 with following description of goods:
Milk and non-alcoholic mixed-milk beverages (milk predominating)
Condensed milk and coffee cream, including with added flavourings
Buttermilk, sour milk, curt and other mixed milk products, milk predominating
Kefir [milk beverage]
Desserts with a base of milk and/or cream, including sour cream
Cream and cream products, including made with ultrapasteurized milk
Butter, clarified butter, edible fats
Yoghurt drinks (yoghurt predominating)
Mixed milk beverages (milk predominating), including with added fruit
Extracts or powders, mainly made of milk, for making mixed milk beverages
Dried milk products for food, in particular powdered full-cream milk, skimmed milk and buttermilk
Whey powder for food
Milk preparations in snack form
Crême fraiche, sour cream, including all containing other ingredients
Buttermilk and sour milk, including with added probiotic cultures
Yoghurt, including with added flavourings and/or fruit and including the aforesaid products with probiotic cultures
Quark and quark preparations with added flavourings, spices, fruit, herbs and/or vegetables and other food supplements, including the aforesaid goods with probiotic cultures
Whey beverages, whey predominating, including all of the aforesaid with added fruit
Milk-based mixtures with added vegetable, animal and milk fats for use in foodstuffs
Protein concentrates for food
Dietetic milk products, in particular yoghurt and quark products, not for medical purposes.
The mark was filed in class 30 with following description of goods:
Muesli preparations, mainly consisting of cereals with added milk, sour cream, buttermilk, curds, yoghurt, kefir, quark
Powders for ice cream
Syrups for making ices by freezing, all with added fruit