EU rule in favour of ‘BBQloumi’ over Halloumi Collective Mark

On Wednesday, after much debate throughout the European Courts, the General Court once again dismissed appeals from the Foundation for the Protection of the Traditional Cheese of Cyprus, proprietor of the collective mark ‘Halloumi’ registered for cheese.

The Cypriot association brought proceedings against Bulgarian Company, M. J. Dairies, opposing the registration of the trade mark ‘BBQloumi’ for cheese products, alleging a likelihood of confusion for consumers as to the origin of the goods.

However, the General Court supported the decision of the EUIPO which found there to be no likelihood of confusion.  The court stated that the relevant public are more likely to be drawn to the ‘BBQ’ element of the proposed mark, due to its positioning as the initial part of the word, as opposed to the ‘loumi’ part which was stated to contribute ‘very little to the distinctiveness’ of the word. Ultimately it was deemed that, although there was some similarity between the signs, it was of ‘low degree’ and therefore unlikely to contribute to any likelihood of confusion.

The Cypriot foundation is currently also petitioning more broadly against competitors to obtain special status from the EU, recognising halloumi as a geographically protected cheese made exclusively in Cyprus.

Ellie King