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Case T-558/21: Judgment of the General Court of 1 February 2023 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Papouis Dairies (fino) (EU trade mark — Opposition proceedings — Application for the EU figurative mark fino Cyprus Halloumi Cheese — Earlier EU collective word mark HALLOUMI — Relative ground for refusal — Similarity of the signs — Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62021TA0558
62021TA0558
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Official Journal of the European Union
C 104/27
(Case T-558/21) (*)
(EU trade mark - Opposition proceedings - Application for the EU figurative mark fino Cyprus Halloumi Cheese - Earlier EU collective word mark HALLOUMI - Relative ground for refusal - Similarity of the signs - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001))
(2023/C 104/41)
Language of the case: English
Parties
Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: C. Milbradt, lawyer, and S. Malynicz, Barrister)
Defendant: European Union Intellectual Property Office (represented by: D. Gája, acting as Agent)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Papouis Dairies Ltd (Nicosia) (represented by: A. Pomares Caballero and M. Pomares Caballero, lawyers)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 29 April 2021 (Case R 578/2019-2).
Operative part of the judgment
The Court:
1.Dismisses the action;
2.Orders Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi to bear its own costs and to pay those incurred by the European Union Intellectual Property Office (EUIPO) and by Papouis Dairies Ltd.
(*)
OJ C 452, 8.11.2021.