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Case T-168/22: Action brought on 30 March 2022 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Fontana Food (GRILLOUMI)
ECLI:EU:UNKNOWN:62022TN0168
62022TN0168
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23.5.2022
EN
Official Journal of the European Union
C 207/49
(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:
—annul the contested decision;
—allow the applicant’s appeal;
—order the defendant to bear its own costs and pay those of the applicant.
Pleas in law
—The Board of Appeal’s analysis of distinctive character erred substantially;
—The Board of Appeal erred in failing to find a likelihood of confusion;
—The Board of Appeal erred in failing to deliver to the applicant a fair trial on all of the issues.