Judgment of the General Court (Third Chamber) of 11 October 2023

Data

Court: General Court

Case date: 11 oktober 2023

Verdict

Judgment of the General Court (Third Chamber) of 11 October 2023 –
Cyprus v EUIPO – Fontana Food (GRILLOUMI)

(Case T‑415/22)^(*)

"(EU trade mark - Opposition proceedings - Application for the EU word mark GRILLOUMI - Earlier national certification word marks ΧΑΛΛΟΥΜΙ 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 identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markCoexistence of earlier marksRecognition of a national mark as having a certain degree of distinctiveness

(Council Regulation No 207/2009, Art. 8(1)(b) and (2)(a)(ii))

(see paragraphs 21, 37, 38, 42, 53)

Action for annulmentJudgment annulling a measureEffectsObligation to implementScopeBoth the operative part and the grounds of the judgment to be taken into account

(Art. 266 TFEU; European Parliament and Council Regulation 2017/1001, Art. 72(6))

(see paragraph 27)

EU trade markDefinition and acquisition of the EU trade markRelative grounds for refusalOpposition by the proprietor of an identical or similar earlier mark registered in respect of identical or similar goods or servicesLikelihood of confusion with the earlier markWord mark GRILLOUMIWord marks ΧΑΛΛΟΥΜΙ HALLOUMI

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

(see paragraphs 30, 45, 48, 51, 65)

Operative part

The Court:

Dismisses the action;

Orders the Republic of Cyprus to pay the costs.