|Author (Corporate)||Cardiff EDC|
|Content Type||Blog & Commentary, News, Overview|
Information Guide concerning a case from the General Court of the Court of Justice of the European Union (CJEU), which involves an EU collective mark and an application for EU figurative mark BBQLOUMI. It includes information on T-328/17 RENV.
The Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi is the proprietor of the EU collective mark Halloumi, registered for cheese. Relying on it, the proprietor brought opposition proceedings against the registration as an EU trade mark of the figurative sign comprising the word element BBQLOUMI by M. J. Dairies EOOD, a Bulgarian company.
The EUIPO dismissed that opposition on the ground, in particular, that there was no likelihood of confusion, for consumers, between the figurative sign and the collective mark. In 2017, the proprietor brought proceedings against the EUIPO decision before the General Court. In late 2018, the Court ruled to dismiss the action following an agreement with the assessment made by EUIPO. The proprietor appealed against the judgment of the General Court, which was eventually set aside and referred back to the General Court. In January 2021, the General Court confirmed its position that there is no likelihood of confusion between the collective mark, reserved for the members of a Cypriot association, and the sign which serves to designate the products of a Bulgarian company.
|Subject Categories||Business and Industry, Law|
|Subject Tags||Intellectual Property|
|Keywords||CJEU Judgments, Trademarks | Patents
|Countries / Regions||Cyprus|
|International Organisations||European Union [EU]|