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Case C-766/18 P: Judgment of the Court (Fifth Chamber) of 5 March 2020 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v European Union Intellectual Property Office (EUIPO), M.J. Dairies EOOD (Appeal — EU trade mark — Regulation (EC) No 207/2009 — Opposition — Article 8(1)(b) — Likelihood of confusion — Criteria for assessment — Applicability in the case of an earlier collective mark — Interdependence between the similarity of the trade marks at issue and that of the goods or services covered by those marks)
ECLI:EU:UNKNOWN:62018CA0766
62018CA0766
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11.5.2020
Official Journal of the European Union
C 161/9
(Case C-766/18 P) (1)
(Appeal - EU trade mark - Regulation (EC) No 207/2009 - Opposition - Article 8(1)(b) - Likelihood of confusion - Criteria for assessment - Applicability in the case of an earlier collective mark - Interdependence between the similarity of the trade marks at issue and that of the goods or services covered by those marks)
(2020/C 161/12)
Language of the case: English
Parties
Appellant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (represented by: S. Malynicz QC, S. Baran, Barrister, V. Marsland, Solicitor, and K.K. Kleanthous)
Other party to the proceedings: European Union Intellectual Property Office (EUIPO) (represented by: D. Gája, acting as Agent). M.J. Dairies EOOD (represented by: D. Dimitrova and I. Pakidanska, advokati)
Operative part of the judgment
The Court:
1.Sets aside the judgment of the General Court of the European Union of 25 September 2018, Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — M. J. Dairies (BBQLOUMI) (T-328/17, not published, EU:T:2018:594);
2.Refers the case back to the General Court of the European Union;
3.Reserves the costs.
* Language of the case: English.
(1) OJ C 82, 4.3.2019.
ECLI:EU:C:2020:140
* * *
(1) Language of the case: English.