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Case T-168/22: Judgment of the General Court of 3 May 2023 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — Fontana Food (GRILLOUMI) (EU trade mark — Opposition proceedings — Application for the EU word mark GRILLOUMI — Earlier EU collective word mark HALLOUMI — Relative grounds for refusal — Likelihood of confusion — Detriment to reputation — Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001))
ECLI:EU:UNKNOWN:62022TA0168
62022TA0168
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26.6.2023
Official Journal of the European Union
C 223/25
(Case T-168/22) (1)
(EU trade mark - Opposition proceedings - Application for the EU word mark GRILLOUMI - Earlier EU collective word mark HALLOUMI - Relative grounds for refusal - Likelihood of confusion - Detriment to reputation - Article 8(1)(b) and Article 8(5) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 8(5) of Regulation (EU) 2017/1001))
(2023/C 223/34)
Language of the case: English
Parties
Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz and C. Milbradt, lawyers)
Defendant: European Union Intellectual Property Office (represented by: D. Gája and V. Ruzek, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO: Fontana Food AB (Tyresö, Sweden)
Re:
By its action under Article 263 TFEU, the applicant seeks the annulment of the decision of the Fifth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 3 January 2022 (Case R 1612/2021-5).
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 pay the costs.
OJ C 207, 23.5.2022.