25.3.2019
EN
Official Journal of the European Union
C 112/44
Action brought on 31 January 2019 — Chypre v EUIPO — Filotas Bellas & Yios (Halloumi Vermion grill cheese M BELAS PREMIUM GREEK DAIRY SINCE 1927)
(Case T-60/19)
(2019/C 112/54)
Language of the case: English
Parties
Applicant: Republic of Cyprus (represented by: S. Malynicz, QC, V. Marsland, Solicitor)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: Filotas Bellas & Yios AE (Alexandreia Imathias, Greece)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union figurative mark Halloumi χαλλούμι Vermion grill cheese/grill est/grill kase M BELAS PREMIUM GREEK DAIRY SINCE 1927 — European Union trade mark No 12 172 276
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 20 November 2018 in Case R 2296/2017-4
Form of order sought
The applicant claims that the Court should:
—
annul the contested decision;
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order EUIPO and intervener to bear their own costs and pay those of the applicant.
Pleas in law
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The Board of Appeal erred in its assessment of the similarity of the goods;
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The Board of Appeal erred in considering that it was correct to transpose the reasoning from previous General Court case law;
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The Board of Appeal wrongly held that an earlier national mark wholly lacked distinctive character as distinguishing goods which are certified from those which were not;
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The Board of Appeal erred in the comparison of the marks and the assessment of the likelihood of confusion;
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The Board of Appeal failed to consider national provisions and case law as to the scope and effect of national certification marks.
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