Judgment of the General Court (Second Chamber) of 8 December 2021 –
Cyprus v EUIPO – Fontana Food (GRILLOUMI BURGER)
(Case T‑593/19)
(EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI BURGER – Earlier national certification word marks ΧΑΛΛΟΥΜΙ HALLOUMI – Relative grounds for refusal – No likelihood of confusion – No detriment to repute – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) 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 29-31, 98, 104)
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 mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 33, 34, 36)
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 between the goods or services in question – Criteria for assessment – Complementary nature of the goods or services
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 43, 44, 54, 55)
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 – Coexistence of earlier marks – Recognition of a certain degree of distinctiveness of a national mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 62, 63, 68)
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 – 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 paras 84, 87, 89)
6. 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 – Word mark GRILLOUMI BURGER – Word marks ΧΑΛΛΟΥΜΙ HALLOUMI
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 105-113)
7. 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 enjoying a reputation – Protection of well-known earlier mark extended to dissimilar goods or services – Conditions – Taking unfair advantage of the distinctive character or repute of the earlier mark – Detriment to the distinctive character or repute of the earlier mark – Criteria for assessment
(Council Regulation No 207/2009, Art. 8(5))
(see para. 120)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 19 June 2019 (Case R 1297/2018‑4)) relating to opposition proceedings between the Republic of Cyprus and Fontana Food.
Operative part
The Court:
2. | | Order the Republic of Cyprus to pay the costs. |