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

Текст

... validity – Likelihood of confusion – Detriment to reputation – Article 8(1)(b), Article 8(5) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b), Article 8(5) and Article 60(1)(a) of Regulation (EU) 2017/1001))

In Case T‑106/22,

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, intervener before the General Court, being

M. J. Dairies EOOD, established in Sofia (Bulgaria), represented by I. Pakidanska and D. Dimitrova, lawyers,

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 Fourth Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 14 December 2021 (Case R 656/2021-4) (‘the contested decision’).

Background to the dispute

2. On 23 September 2019, the applicant filed an application with EUIPO for a declaration of invalidity of the EU trade mark which had been registered following an application filed on 22 May 2014 for the word ...