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))
1. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 45, 47, 51, 71)
2. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar collective trade mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment
(Council Regulation No 207/2009, Arts 8(1)(b) and 66(1))
(see para. 46)
3. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment – Composite mark – Assessment 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)
4. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Figurative mark BBQLOUMI – Collective word mark HALLOUMI
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 53, 55, 65, 69, 75)
5. EU trade mark – Definition and acquisition of the EU trade mark – Relative grounds for refusal – Opposition by the proprietor of an earlier identical or similar mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Weak distinctive character of the earlier mark – Effect
(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:
2. | | 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. |