The legendairy case of the HALLOUMI trade mark: a successful appeal in the opposition to the BBQLOUMI trade mark

Abstract

Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO, Court of Justice of the European Union, Case C-766/18 P, 5 March 2020 The Court of Justice of the European Union (CJEU) has set aside a decision of the General Court which dismissed an opposition brought by the Cypriot proprietors of the collective European Union trade mark for HALLOUMI against a Bulgarian company’s application to register a figurative mark for BBQLOUMI. The CJEU has referred the case back to the General Court to rule on the likelihood of confusion. The Court of Justice of the European Union (CJEU) held that (i) the earlier collective mark for HALLOUMI could preclude the sign BBQLOUMI from being registered as a European Union trade mark (EUTM), (ii) the same principles and case law for assessing the likelihood of confusion apply regardless of whether the earlier mark is a collective mark or an individual EUTM and (iii) the likelihood of confusion must be assessed globally, taking into account all relevant factors, as held in its consistent case law. In referring the case back to the General Court to rule upon the likelihood of confusion issue, the CJEU also confirmed that the requirement of distinctiveness applies equally to collective marks and individual marks, regardless of whether the collective mark indicates the geographical origin of the goods or services.