The Court of Justice of the European Union has overturned a ruling that a Bulgarian cheese called “BBQLOUMI” can be registered with an EU trademark, after an appeal by the Halloumi Foundation in Cyprus.
Five court judges set aside a judgment by the General Court of the EU that an existing collective HALLOUMI mark for Cypriot cheesemakers “did not preclude” BBQLOUMI’s registration.
A Court of Justice statement said: “None of the characteristics of EU collective marks justifies derogation … from the … likelihood of confusion” between the two trademarks.
The case will now return to the General Court for further consideration.
Under the EU’s geographical indications system, states can be sued for allowing the appropriation of regional brand trademarks.
Last May, the Court of Justice barred a Spanish cheese company from using images of Don Quixote, after a complaint from makers of queso manchego, an EU-protected cheese situated in La Mancha, Quixote’s home province.