Information;Judgment — ECLI:EU:T:2023:230
Date: 2023-05-03
Language of the case: English
Court formation: Third Chamber
Subject matter: Trade marks;Intellectual, industrial and commercial property
Procedure: Action for annulment - unfounded
Origin: Cyprus

Judgment of the General Court (Third Chamber) of 3 May 2023 – Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – M. J. Dairies (BBQLOUMI) (Case T‑106/22) (1) (EU trade mark – Invalidity proceedings – EU word mark BBQLOUMI – Earlier EU collective word mark HALLOUMI – Relative grounds for invalidity – Likelihood of confusion – Detriment to reputation – Article 8(1)(b), Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b), Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001)) 1. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier collective mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b), 60(1)(a) and 74(1)) (see paragraphs 22-24, 64) 2. EU trade mark – Appeals procedure – Action before the EU judicature – Jurisdiction of the General Court – Review of the lawfulness of decisions of the Boards of Appeal – Review of the legal classification given to the facts of the dispute (European Parliament and Council Regulation 2017/1001, Art. 72) (see paragraph 34) 3. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier collective mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Word mark BBQLOUMI and collective word mark HALLOUMI (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b), 60(1)(a) and 74(1)) (see paragraphs 36, 38, 40, 45, 53, 63, 81) 4. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier collective mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Distinctive character of earlier mark – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 7(1)(b) and (3), 8(1)(b), 60(1)(a) and 74(2)) (see paragraphs 46-48, 73) 5. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Weak distinctive character of the earlier mark – Effect (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 59, 70, 72) 6. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an identical or similar earlier mark registered for identical or similar goods or services – Similarity of the marks concerned – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paragraphs 67, 68) 7. EU trade mark – Surrender, revocation and invalidity – Relative grounds for invalidity – Existence of an earlier identical or similar mark enjoying a reputation – Extension of protection of earlier mark with a reputation to dissimilar goods or services – Conditions – Reputation of the mark in the Member State or in the European Union – Evidence in support of the reputation (European Parliament and Council Regulation 2017/1001, Arts 8(5) and 60(1)(a)) (see paragraphs 84, 87) Operative part The Court: 1. Dismisses the action; 2. Orders Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi to pay the costs. 1 OJ C 165, 19.4.2022.