Source: EURLEX
Language: en
Format: md

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| 23.5.2022 | EN | Official Journal of the European Union | C 207/49 |

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Action brought on 30 March 2022 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Fontana Food (GRILLOUMI)

(Case T-168/22)

(2022/C 207/65)

Language in which the application was lodged: English

Parties

Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz, Barrister-at-law, and C. Milbradt, lawyer)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Fontana Food AB (Tyresö, Sweden)

Details of the proceedings before EUIPO

Applicant of the trade mark at issue: Other party to the proceedings before the Board of Appeal

Trade mark at issue: Application for European Union word mark GRILLOUMI — Application for registration No 15 963 291

Procedure before EUIPO: Opposition proceedings

Contested decision: Decision of the Fifth Board of Appeal of EUIPO of 3 January 2022 in Case R 1612/2021-5

Form of order sought

The applicant claims that the Court should:

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| — | annul the contested decision; |

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| — | allow the applicant’s appeal; |

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| — | order the defendant to bear its own costs and pay those of the applicant. |

Pleas in law

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| — | The Board of Appeal’s analysis of distinctive character erred substantially; |

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| — | The Board of Appeal erred in failing to find a likelihood of confusion; |

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| — | The Board of Appeal erred in failing to deliver to the applicant a fair trial on all of the issues. |

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