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Case T-415/22: Action brought on 4 July 2022 — Cyprus v EUIPO — Fontana Food (GRILLOUMI)
ECLI:EU:UNKNOWN:62022TN0415
62022TN0415
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29.8.2022
EN
Official Journal of the European Union
C 326/23
(Case T-415/22)
(2022/C 326/31)
Language in which the application was lodged: English
Parties
Applicant: Republic of 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 Second Board of Appeal of EUIPO of 13 April 2022 in Case R 1284/2018-2
Form of order sought
The applicant claims that the Court should:
—annul the contested decision;
—order EUIPO and the other party to the proceedings before the Board of Appeal to bear their own costs and pay those of the applicant for annulment.
Pleas in law
—The Board of Appeal infringed Article 8(1)(b) of Regulation (EU) 2017/1001 of the European Parliament and of the Council by wrongly analysing the likelihood of confusion regarding certification marks;
—The Board of Appeal further infringed Article 8(1)(b) of Regulation (EU) 2017/1001 when it carried out an erroneous analysis of the similarity of goods versus services in this case;
—The Board of Appeal also erred under Article 8(1)(b) of Regulation (EU) 2017/1001 when considering the role of distinctiveness as regards certification marks.