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Case T-703/17: Judgment of the General Court of 23 November 2018 — Cyprus v EUIPO — Papouis Dairies (Papouis Halloumi) (EU trade mark — Opposition proceedings — Application for EU figurative mark Papouis Halloumi — Earlier United Kingdom certification 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:62017TA0703
62017TA0703
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Official Journal of the European Union
C 44/42
(Case T-703/17) (*)
((EU trade mark - Opposition proceedings - Application for EU figurative mark Papouis Halloumi - Earlier United Kingdom certification 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)))
(2019/C 44/52)
Language of the case: English
Parties
Applicant: Republic of Cyprus (represented by: S. Malynicz QC and V. Marsland, Solicitor)
Defendant: European Union Intellectual Property Office (represented by: D. Gája and D. Walicka, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: Papouis Dairies Ltd (Nicosia, Cyprus) (represented by: N. Korogiannakis, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 3 August 2017 (Case R 2924/2014-4) concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Papouis Dairies.
Operative part of the judgment
The Court:
1.Annuls the decision of the Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 August 2017 (Case R 2924/2014-4) concerning opposition proceedings between the Republic of Cyprus and Papouis Dairies Ltd;
2.Orders EUIPO to bear its own costs and to pay those incurred by the Republic of Cyprus;
3.Orders Papouis Dairies to bear its own costs.
(*) Language of the case: English.
OJ C 437, 18.12.2017.