“HALLOUMI” is rejected as a descriptive mark

Appeal No. 2022-6716 (12/9/2024)

Applicant: Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi

Summary:

The applicant filed a collective trademark application for “HALLOUMI” in terms of “cheese” in Class 29.  The application was rejected based on Article 3 (1) (iii) and 4 (1) (xiv) of the Trademark Act and the applicant filed an appeal to the decision of refusal.

The board of appeal held that the mark “HALLOUMI” lacks distinctiveness in terms of “cheese” and decided that the appeal of the case was groundless.

“HALLOUMI” is known as a semi-hard, unripened salted cheese originating from Cyprus and made from a mixture of goat’s milk, sheep’s milk and cow’s milk produced in Cyprus and its surrounding area.  Based on the facts, the board of appeal held that traders and consumers would recognize the mark as an indication of the products, if the mark is used for Halloumi.  Also, if the mark is used in terms of cheese other than Halloumi, consumers may be confused as to the quality of goods.

The applicant argued that the mark has been used for the goods made by the members of the Foundation and the applicant uses the mark exclusively in commerce.  However, the board of appeal die not accept the argument, because the submitted evidence of use of the mark is not sufficient to demonstrate exclusive use of the mark for a long time.