Judgment of the General Court (Second Chamber) of 24 March 2021 –

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO – Filotas Bellas & Yios (Halloumi)

(Case T‑282/19)

(EU trade mark – Invalidity proceedings – EU figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 – Earlier EU collective word mark HALLOUMI – Relative ground for refusal – Bad faith – Article 52(1)(b) of Regulation (EC) No 207/2009 (now Article 59(1)(b) of Regulation (EU) 2017/1001) – Article 53(1)(a) and Article 8(1)(b) and (5) of Regulation No 207/2009 (now Article 60(1)(a) and Article 8(1)(b) and (5) of Regulation 2017/1001))

1. 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 – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 28, 54, 80, 87)

2. 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 – Assessment of the likelihood of confusion – Determination of the relevant public – Attention level of the public (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 30, 31)

3. 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 between the goods or services in question – Criteria for assessment (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 34, 40)

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)(c) and 74(2)) (see paras 48-50, 53, 57, 58)

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 – Figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 and collective word mark Halloumi (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 52, 66, 82-86, 88, 91-96)

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 – Composite mark (European Parliament and Council Regulation 2017/1001, Arts 8(1)(b) and 60(1)(a)) (see paras 67-69)

7. EU law – Interpretation – Taking account of the context and usual meaning of the terms (European Parliament and Council Regulation 2017/1001) (see para. 102)

8. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Concept of bad faith – Scope (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paras 104, 105)

9. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Criteria for assessment – Taking into account of all relevant factors at the time of filing the application for registration – Applicant’s knowledge that a third party is using an identical or similar sign – Intention of the applicant (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paras 106-109, 117)

10. EU trade mark – Surrender, revocation and invalidity – Absolute grounds for invalidity – Applicant in bad faith when lodging the trade mark application – Figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 (European Parliament and Council Regulation 2017/1001, Art. 59(1)(b)) (see paras 112-116, 119)

Re:

Action brought against the decision of the Fourth Board of Appeal of EUIPO of 15 February 2019 (Case R 2295/2017-4), relating to invalidity proceedings between Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Filotas Bellas & Yios.

Operative part

The Court:

1. Dismisses the action;