25.3.2019

EN

Official Journal of the European Union

C 112/44

(Case T-60/19)

(2019/C 112/54)

Language of the case: English

Parties

Applicant: Republic of Cyprus (represented by: S. Malynicz, QC, V. Marsland, Solicitor)

Defendant: European Union Intellectual Property Office (EUIPO)

Other party to the proceedings before the Board of Appeal: Filotas Bellas & Yios AE (Alexandreia Imathias, Greece)

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 figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 — European Union trade mark No 12 172 276

Procedure before EUIPO: Cancellation proceedings

Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 November 2018 in Case R 2296/2017-4

Form of order sought

The applicant claims that the Court should:

—annul the contested decision;

—order EUIPO and intervener to bear their own costs and pay those of the applicant.

Pleas in law

—The Board of Appeal erred in its assessment of the similarity of the goods;

—The Board of Appeal erred in considering that it was correct to transpose the reasoning from previous General Court case law;

—The Board of Appeal wrongly held that an earlier national mark wholly lacked distinctive character as distinguishing goods which are certified from those which were not;

—The Board of Appeal erred in the comparison of the marks and the assessment of the likelihood of confusion;

—The Board of Appeal failed to consider national provisions and case law as to the scope and effect of national certification marks.