Information;Judgment — ECLI:EU:T:2023:231
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 – Fontana Food (GRILLOUMI) (Case T‑168/22) (1) (EU trade mark – Opposition proceedings – Application for the EU word mark GRILLOUMI – Earlier EU collective word mark HALLOUMI – Relative grounds for refusal – Likelihood of confusion – Detriment to reputation – Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) 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 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 27-29, 60) 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 – Word mark GRILLOUMI and collective word mark HALLOUMI (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraphs 32, 34, 47, 59, 75) 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 collective trade mark registered for identical or similar goods or services – Likelihood of confusion with the earlier mark – Distinctive character of earlier mark – Criteria for assessment (Council Regulation No 207/2009, Arts 8(1)(b) and 66(2)) (see paragraphs 35-37, 69) 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 42, 65, 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 – Similarity of the marks concerned – Criteria for assessment (Council Regulation No 207/2009, Art. 8(1)(b)) (see paragraph 48) 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 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 (Council Regulation No 207/2009, Art. 8(5)) (see paragraphs 77, 83) 7. EU trade mark – Appeals procedure – Boards of Appeal – Classification as administration of the Office – Right of the parties to a fair trial – None (Council Regulation No 207/2009, Arts 61 to 64) (see paragraph 79) 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 207, 23.5.2022.