Judgment of the General Court (Second Chamber) of 13 July 2018 –
Cyprus v EUIPO — POA (COWBOYS HALLOUMI)
(Case T‑847/16)
(EU trade mark — Opposition proceedings — Application for EU figurative mark COWBOYS HALLOUMI — Prior United Kingdom word certification 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 — Distinctiveness or reputation of the earlier mark — Effect
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 21, 74, 75)
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 22, 23)
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
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 25, 26)
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 34, 35)
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 COWBOYS HALLOUMI and word mark HALLOUMI
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paras 39-41, 45, 49-52, 58-67, 82, 83)
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 — Similarity of the marks concerned — Criteria for assessment — Composite mark
(Council Regulation No 207/2009, Art. 8(1)(b))
(see para. 48)
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 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 para. 57)
8. 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 para. 76)
Re:
| Action brought against an appeal brought before the Fourth Chamber of the Board of Appeal of EUIPO of 22 September 2016 (Case R 2781/2014-4), relating to opposition proceedings between the Republic of Cyprus et POA. |
Operative part
The Court:
2. | | Orders the Republic of Cyprus to pay the costs. |
2. | | Orders the Republic of Cyprus to pay the costs. |