Court of Justice ruled on the likelihood of confusion between the HALLOUMI and BBQLOUMI signs
The proprietor of the HALLOUMI trademark filed an opposition against the registration of a figurative sign containing the word element „BBQLOUMI“ as an EU trademark, which the Bulgarian company MJ Dairies EOOD had applied for in order to distinguish, among other things, its cheese products.
The European Union Intellectual Property Office (EUIPO), responsible for examining applications for EU trademarks, rejected these oppositions, mainly on the ground that there was no likelihood of confusion between the figurative sign „BBQLOUMI“ and the HALLOUMI collective trademark from the perspective of average consumers.
The first action, which the foundation brought against the EUIPO decision before the Court of Justice of the EU, was dismissed, and the court held that where a trademark consists solely of the term „halloumi“, which designates a specific type of cheese, that mark has weak distinctive character and therefore a likelihood of confusion cannot be confirmed at all.
Where a trademark consists solely of a term that designates a specific type of product, such as halloumi cheese, it has weak distinctive character.
The foundation appealed against the decision, and in the appeal proceedings the court held that the weak distinctive character of the earlier trademark does not rule out a likelihood of confusion. The General Court therefore had to rule again in the referred case, but this time it had to focus on whether the two signs can genuinely be confused, without its initial presumption that there was no likelihood of confusion whatsoever.
After examining the extent to which an average consumer may confuse the two signs, however, the court concluded that the likelihood of confusion is low. In this decision it relied on the actual features of the sign, for example on the fact that the identical part „loumi“ is not dominant in the sign, and even if a consumer focused on it, it would evoke the well-known halloumi type of cheese rather than the foundation's trademark.
Key point
The court ultimately found the likelihood of confusion to be low: the shared element „loumi“ is not dominant in the sign, and even a consumer who focused on it would be reminded of the well-known halloumi cheese rather than the foundation's trademark.
Source: General Court of the European Union, PRESS RELEASE
Frequently asked questions
What was the dispute between HALLOUMI and BBQLOUMI about?
The proprietor of the EU collective trademark HALLOUMI filed an opposition against the registration of a figurative sign containing the word element BBQLOUMI, applied for by the Bulgarian company MJ Dairies EOOD to distinguish, among other things, its cheese products.
How did EUIPO decide on the opposition?
EUIPO rejected the oppositions, mainly on the ground that there was no likelihood of confusion between the figurative BBQLOUMI sign and the HALLOUMI collective trademark from the perspective of average consumers.
Why does the HALLOUMI trademark have weak distinctive character?
Because it consists solely of the term halloumi, which designates a specific type of cheese. A mark that merely names a type of product has weak distinctive character.
Did the appeal change the approach to the case?
Yes. On appeal the court held that weak distinctive character of the earlier trademark does not rule out a likelihood of confusion, so the General Court had to rule again and focus on whether the two signs can genuinely be confused, without presuming there was no likelihood at all.
Why did the court ultimately find the likelihood of confusion to be low?
Because the identical part loumi is not dominant in the sign, and even a consumer who focused on it would be reminded of the well-known halloumi type of cheese rather than the foundation's trademark.