Judgment of the General Court (Second Chamber) of 1 February 2023 –
Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Papouis Dairies (fino)
(Case T‑558/21) (1)
(EU trade mark – Opposition proceedings – Application for the EU figurative mark fino Cyprus Halloumi Cheese – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Similarity of the signs – Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
1. EU trade mark – EU collective marks – Essential function – Distinction of goods or services of the members of the association which is the proprietor of that mark from those of other undertakings
(Council Regulation No 207/2009, Art. 66(1))
(see paragraph 32)
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 paragraphs 33-35)
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 – Likelihood of confusion with the earlier mark – Figurative mark fino Cyprus Halloumi Cheese and collective word mark HALLOUMI
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paragraphs 39, 50, 51, 54, 67, 85)
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 – Weak distinctive character of the earlier mark – Effect
(Council Regulation No 207/2009, Art. 8(1)(b))
(see paragraphs 55, 66, 69, 76)
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 collective trade mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Distinctive character of the earlier mark – Criteria for assessment
(Council Regulation No 207/2009, Arts 8(1)(b) and 66(2))
(see paragraphs 56-58)
Operative part:
The Court:
2. | | Orders Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Papouis Dairies Ltd. |