Order of the Court (Sixth Chamber) of 21 March 2013 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v OHIM

(Case C-393/12 P)

‛Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed’

1. Community trade mark — Definition and acquisition of the Community 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 — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 32)

2. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 June 2012 in Case T-534/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (HELLIM) by which the General Court dismissed an action against the decision of the Fourth Board of Appeal of OHIM of 20 September 2010 relating to opposition proceedings between Organismos Kypriakis Galaktokomikis Viomichanias and Garmo AG — Likelihood of confusion — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

Operative part:

1. The appeal is dismissed.

2. The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi is ordered to pay the costs.

Order of the Court (Sixth Chamber) of 21 March 2013 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v OHIM

(Case C-393/12 P)

‛Appeal — Community trade mark — Word mark HELLIM — Opposition by the proprietor of the Community word mark HALLOUMI — Opposition dismissed’

1. Community trade mark — Definition and acquisition of the Community 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 — Criteria (Council Regulation No 207/2009, Art. 8(1)(b)) (see para. 32)

2. Appeals — Grounds — Incorrect assessment of the facts and evidence — Inadmissibility — Review by the Court of the assessment of the facts and evidence — Possible only where the clear sense of the evidence has been distorted (Art. 256(1) TFEU; Statute of the Court of Justice, Art. 58, first para.) (see para. 38)

Re:

Appeal against the judgment of the General Court (Eighth Chamber) of 13 June 2012 in Case T-534/10 Organismos Kypriakis Galaktokomikis Viomichanias v OHIM — Garmo (HELLIM) by which the General Court dismissed an action against the decision of the Fourth Board of Appeal of OHIM of 20 September 2010 relating to opposition proceedings between Organismos Kypriakis Galaktokomikis Viomichanias and Garmo AG — Likelihood of confusion — Infringement of Article 8(1)(b) of Council Regulation (EC) No 207/2009 of 26 February 2009 on the Community trade mark (OJ 2009 L 78, p. 1).

Operative part:

1. The appeal is dismissed.