| 19.4.2022 | EN | Official Journal of the European Union | C 165/41 |
Action brought on 24 February 2022 — Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO — M. J. Dairies (BBQLOUMI)
(Case T-106/22)
(2022/C 165/49)
Language in which the application was lodged: English
Parties
Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi (Nicosia, Cyprus) (represented by: S. Malynicz, Barrister-at-Law, and C. Milbradt, lawyer)
Defendant: European Union Intellectual Property Office (EUIPO)
Other party to the proceedings before the Board of Appeal: M. J. Dairies EOOD (Sofia, Bulgaria)
Details of the proceedings before EUIPO
Proprietor of the trade mark at issue: Other party to the proceedings before the Board of Appeal
Trade mark at issue: European Union word mark BBQLOUMI — European Union trade mark No 12 898 029
Procedure before EUIPO: Cancellation proceedings
Contested decision: Decision of the Fourth Board of Appeal of EUIPO of 14 December 2021 in Case R 656/2021-4
Form of order sought
The applicant claims that the Court should:
| — | annul the contested decision; |
| — | order EUIPO and the other party to each bear their own costs and pay those of the applicant for annulment. |
Pleas in law
| — | Infringement of Articles 8(1)(b) and 8(5) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| — | Infringement of Article 74(2) of Regulation (EU) 2017/1001 of the European Parliament and of the Council; |
| — | The Board of Appeal contravened the case law of the Court of Justice concerning the distinctiveness; |
| — | The Board of appeal wrongly allocated a burden of proof on earlier registered mark holder, the applicant, to show a required level of distinctiveness; |
| — | The Board of Appeal failed to give proper reasons for its core finding that the earlier collective mark lacked distinctiveness. |