Legal News

Court of Justice sets aside General Court judgment on BBQLOUMI opposition (Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO)

Published on: 05 March 2020
Published by: LexisPSL
  • Court of Justice sets aside General Court judgment on BBQLOUMI opposition (Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO)
  • What are the practical implications of this case?
  • What was the background?
  • What did the court decide?
  • Case details

Article summary

IP analysis: The Court of Justice has set aside a judgment of the General Court in opposition proceedings concerning an application for a figurative mark containing the word BBQLOUMI for cheese. The opposition was filed by the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi, based on its earlier collective trade mark HALLOUMI. The Court of Justice held that the General Court had erred in law in its global assessment of the likelihood of confusion between the marks pursuant to Article 8(1)(b) of Regulation (EC) 207/2009, because it had failed to consider all of the relevant factors and the interdependence between them, in accordance with the Court of Justice’s case law. It therefore referred the case back to the General Court so that it could conduct a further assessment of the matter. or take a trial to read the full analysis.

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