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Judgment of the General Court (Second Chamber) of 20 January 2021

Judgment of the General Court (Second Chamber) of 20 January 2021

Data

Court
General Court
Case date
20 januari 2021

Verdict

Judgment of the General Court (Second Chamber) of 20 January 2021 –
Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – M. J. Dairies (BBQLOUMI)

(Case T‑328/17 RENV)

"(EU trade mark - Opposition proceedings - Application for EU figurative mark BBQLOUMI - Earlier EU collective word mark HALLOUMI - Relative ground for refusal - No likelihood of confusion - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))"

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 45, 47, 51, 71)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar collective trade mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markCriteria for assessment

(Council Regulation No 207/2009, Arts 8(1)(b) and 66(1))

(see para. 46)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesSimilarity of the marks concernedCriteria for assessmentComposite markAssessment of the distinctive character of an element of which a trade mark is composed

(Council Regulation No 207/2009, Art. 8(1)(b))

(see para. 52)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markFigurative mark BBQLOUMICollective word mark HALLOUMI

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 53, 55, 65, 69, 75)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or servicesLikelihood of confusion with the earlier markWeak distinctive character of the earlier markEffect

(Council Regulation No 207/2009, Art. 8(1)(b))

(see paras 64-66)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 March 2017 (Case R 497/2016-4), relating to opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and M. J. Dairies.

Operative part

The Court:

Dismisses the action;

Orders Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi to pay the costs relating to the proceedings instituted before the General Court and to the proceedings on the appeal before the Court of Justice.