12.11.2018
EN
Official Journal of the European Union
C 408/52
Judgment of the General Court of 25 September 2018 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — M. J. Dairies (BBQLOUMI)
(Case T-328/17) (1)
((EU trade mark - Opposition proceedings - Application for EU figurative mark BBQLOUMI - Prior EU collective word mark HALLOUMI - Relative ground for refusal - No likelihood of confusion - Rejection of the opposition - Article 8(1)(b) of Regulation (EC) No 207/2009 (now Article 8(1)(b) of Regulation (EU) 2017/1001)))
(2018/C 408/67)
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, V. Marsland, Solicitor, and S. Baran, Barrister)
Defendant: European Union Intellectual Property Office (represented by: M. Rajh, D. Walicka and D. Gája, acting as Agents)
Other party to the proceedings before the Board of Appeal of EUIPO, intervener before the General Court: M. J. Dairies EOOD (Sofia, Bulgaria) (represented by: D. Dimitrova, lawyer)
Re:
Action brought against the decision of the Fourth Board of Appeal of EUIPO of 16 March 2017 (Case R 497/2016-4), concerning opposition proceedings between the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi and M. J. Dairies.
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.
(1) OJ C 239, 24.7.2017.
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