Court of Justice: ‘GRILLOUMI BURGER’ cannot be confused with halloumi, but accepts appeal regarding service sector

The General Court of the EU (CJEU) has rejected two appeals brought by Cyprus against the European Union Intellectual Property Office (EUIPO) regarding the registration of the trade mark “GRILLOUMI BURGER” by a Swedish company, ruling that similarities with the certification mark for halloumi does not create a likelihood of confusion.

However, in a separate action brought by Cyprus against the EUIPO in relation to the same issue, the CJEU ruled that confusion as to the origin of the product cannot be ruled out when it is used by services for providing food and drink, coffee-shop services and restaurants.

As the CJEU notes in its press releases, all three cases focus on an application for registration of an EU trade mark filed at the EUIPO by the Swedish company Fontana Food AB on October 25th, 2016 concerning the name “GRILLOUMI BURGER”.

Source: Cyprus News Agency