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Case T-555/19: Judgment of the General Court of 21 April 2021 — 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 ground 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:62019TA0555
62019TA0555
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Official Journal of the European Union
C 242/28
(Case T-555/19) (*)
(EU trade mark - Opposition proceedings - Application for the EU word mark GRILLOUMI - Earlier EU collective word mark HALLOUMI - Relative ground 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))
(2021/C 242/37)
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 QC, S. Baran, Barrister, and V. Marsland, Solicitor)
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: Fontana Food AB (Tyresö, Sweden) (represented by: P. Nihlmark and L. Zacharoff, lawyers)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 29 May 2019 (Case R 1355/2018-4), relating to opposition proceedings between Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Fontana Food.
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 29 May 2019 (Case R 1355/2018-4), relating to opposition proceedings between Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and Fontana Food AB;
2.Orders EUIPO to bear its own costs and to pay those incurred by Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi;
3.Orders Fontana Food to bear its own costs.
(*) Language of the case: English.
OJ C 328, 30.9.2019.