19.4.2022

EN

Official Journal of the European Union

C 165/41

(Case T-106/22)

(2022/C 165/49)

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: M. J. Dairies EOOD (Sofia, Bulgaria)

Details of the proceedings before EUIPO

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

Trade mark at issue: European Union word mark BBQLOUMI — European Union trade mark No 12 898 029

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 December 2021 in Case R 656/2021-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO and the other party to each bear their own costs and pay those of the applicant for annulment.

Pleas in law

—Infringement of Articles 8(1)(b) and 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—Infringement of Article 74(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council;

—The Board of Appeal contravened the case law of the Court of Justice concerning the distinctiveness;

—The Board of appeal wrongly allocated a burden of proof on earlier registered mark holder, the applicant, to show a required level of distinctiveness;

—The Board of Appeal failed to give proper reasons for its core finding that the earlier collective mark lacked distinctiveness.