Geography Reference
In-Depth Information
6.99
The OHIM Trade Marks Manual states that the examiner's objection can be
waived if the regulations are amended in order to remove the conflicting
provision.
130
(e) Community trade marks and opposition proceedings
In Case C-393/12P,
Foundation for the Protection of the Traditional Cheese of
Cyprus named Halloumi v OHIM
,
131
on 24 October 2005 German manufac-
turer Garmo AG filed an application to register the word mark 'Hellim' (the
Turkish word for halloumi) as a Community trade mark for 'milk and milk
products'. A Cypriot firm filed a notice of opposition against the registration of
the above mark based on its own earlier registered Community collective trade
mark 'HALLOUMI'. The opposition was based on the likelihood of confusion
under Art 8(1)(b) of the Community Trade Mark Regulation. The opposition
was dismissed on 10 March 2010, despite the fact that the goods concerned
were identical and/or similar on the basis that there was no visual or phonetic
similarity between the two marks. This decision of the opposition division was
unsuccessfully appealed pursuant to the Board of Appeal of OHIM. The Board
held that the 'HALLOUMI' mark was of weak character and coupled with the
low visual similarities, there was no likelihood of confusion. The applicant
applied to the General Court to annul the Board of Appeal's decision, but it
upheld the decision of the Board of Appeal. The applicant had argued that its
mark was at least of average distinctiveness due to its collective status. This
argument was rejected by the court which held that the mere fact that
'HALLOUMI' is a collective mark does not automatically make it a mark of
great or even average distinctiveness.
6.100
6.101
A successful opposition to the registration of a trade mark was an application to
the Spanish Patent and Trade Mark Office (SPTO), filed on 30 August 2012,
to register the figurative trade mark 'CAFÉ NARIÑO' for coffee and artificial
coffee in Class 30. It was rejected on the ground (among others) that it
conflicted with a Colombian GI, 'CAFÉ DE COLOMBIA', which enjoyed
protection in the EU.
132
(f) Misleading applications
Article 68(2) provides that an application for a Community collective mark
shall also be refused 'if the public is liable to be misled as regards the character or
the significance of the mark, in particular if it is likely to be taken to be
6.102
130
Ibid.
Judgment 13 June 2013
.
131
132
See www.marques.org/class46/Default.asp?XID=BHA3257.
