Judgment of the General Court (Second Chamber) of 25 September 2018 –
Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — M. J. Dairies (BBQLOUMI)
(Case T‑328/17)
(EU trade mark — Opposition proceedings — Application for EU figurative mark BBQLOUMI — Prior EU collective word mark HALLOUMI — Relative ground for refusal — No likelihood of confusion — Rejection of the opposition — 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 25, 37, 56-58)
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 26, 27)
3. EU trade mark — EU collective marks — EU collective marks coming within Article 66(2) of Regulation No 207/2009 — Essential function — Guarantee of the collective origin of the goods sold under the EU collective mark — Geographical indication as a name identifying a product originating in a specific geographical area
(Council Regulation No 207/2009, Arts 4 and 66(2) and (3))
(see para. 35)
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 — Similarity of the marks concerned — Visual similarity between a figurative mark and a word mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 60, 62, 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 — 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 69-72)
Re:
| Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 March 2017 (Case R 497/2016-4), concerning 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. |