Judgment — ECLI:EU:T:2018:834
Date: 2018-11-23
Language of the case: English
Court formation: Second Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - successful
Origin: Cyprus

Judgment of the General Court of 23 November 2018 —Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (fino) (Case T-416/17) 1 (EU trade mark — Opposition proceedings — Application for 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)) Language of the case: English Parties Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz QC and V. Marsland, Solicitor) Defendant: European Union Intellectual Property Office (represented by: D. Gája and D. Walicka, acting as Agents) Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Papouis Dairies Ltd (Nicosia), (represented by: N. Korogiannakis, lawyer) Re: Action brought against the decision of the Fourth Board of Appeal of EUIPO of 20 April 2017 (Case R 2759/2014-4) concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Papouis Dairies. Operative part of the judgment The Court: Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 20 April 2017 (Case R 2759/2014-4) concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Papouis Dairies Ltd; Orders EUIPO to bear its own costs and to pay those incurred by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi; Orders Papouis Dairies to bear its own costs. ____________ 1 OJ C 277, 21.8.2017.