The court judgment on Thursday is at least a stage win for you.
The European judge lifted a judgment of the lower court, which saw no likelihood of confusion of the respective brands. It came to the question of whether the European Union trade mark “Bbqloumi” of the Bulgarian producers, hurting the already longer existing collective trademark “Halloumi” in the traditional Cypriot Frying manufacturer.
“Halloumi” vs. “Bbqloumi”there Is a risk of confusion?
The “Foundation for the protection of the traditional Cypriot cheese called Halloumi” had complained, first to the EU office for intellectual property, because of the competitor from Bulgaria brought a similar product called “Bbqloumi” on the market. As the office rejected the opposition, complained to the Halloumi Foundation before the EU court.
The judge of first instance saw the danger of no confusion. You would have to but check the depth and different aspects to evaluate, said the ECJ and referred the case back to the previous instance. The court must therefore re-examine whether the products of a likelihood of confusion.
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Foodies will appreciate the Halloumi cheese, traditionally made from sheep’s and goat’s milk, and from the Eastern Mediterranean came from. It is similar to the Italian Mozzarella, but firmer and spicier. In a pan or roasted on the Grill, it develops its entire Aroma without melting. In Cyprus, Halloumi is an important part of the local cuisine.
to See a judge at the Grill again to rate the taste?
The EU office for intellectual property, and the judge of first instance saw no danger of confusion, because the term “Halloumi” designated already a type of cheese – therefore, the Collective marks have a weak distinctive character. The risk of confusion could exist, if customers assign to a product incorrectly to the owners of the collective mark, said the ECJ.
The first instance should have examined whether the low Similarity of the brand name of “Halloumi” and “Bbqloumi” is offset by the higher Similarity of the products, explained the chief justice. A likelihood of confusion must comprehensively taking into account all the relevant circumstances of the individual case – are checked. Perhaps the judges see on the Grill again to evaluate the taste. Real-time map shows the Corona-dissemination – more than 45,000 people healed, FOCUS Online/Wochit real-time map shows the Corona-dissemination – more than 45,000 people cured
dpa came/EN
