Дело T-***/**: *****************, Съдебно решение от **.**.2023 г.

Текст

... lative 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))

In Case T‑168/22,

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, established in Nicosia (Cyprus), represented by S. Malynicz and C. Milbradt, lawyers,

applicant,

v

European Union Intellectual Property Office (EUIPO), represented by D. Gája and V. Ruzek, acting as Agents,

defendant,

the other party to the proceedings before the Board of Appeal of EUIPO being

Fontana Food AB, established in Tyresö (Sweden),

THE GENERAL COURT (Third Chamber),

composed of F. Schalin (Rapporteur), President, P. Škvařilová-Pelzl and I. Nõmm, Judges,

Registrar: G. Mitrev, Administrator,

having regard to the written part of the procedure,

further to the hearing on 25 January 2023,

gives the following

Judgment

1. By its action under Article 263 TFEU, the applicant, Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, 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) (‘the contested decision’).

Background to the dispute

2. On 25 October 2016, Fontana Food AB filed an application with EUIPO for registration of the word sign GRILLOUMI as an EU trade mark.

3. The mark applied for covered services in Class 43 of the Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the ...