Joanna Wallestam and Helena Wassén Öström comment on a case concerning the protected designation of origin Halloumi. The device mark “Falloumi!” was refused registration since it could be seen as a play on words for the word “Halloumi” and the use would be considered an unlawful evocation of the designation.
Introduction
This case concerns a trademark application for the device mark “Falloumi!” which was refused after opposition based on the protected designation of origin Halloumi. (1) Protection as designation of origin covers the term used to describe foodstuffs which are produced, processed and prepared in a specific geographical area and the protected form is an absolute ground for refusal of trademarks. Compared to trademarks, designations of origin have a broader scope of protection and the overall evaluation in an opposition based upon a designation of origin
differs from the evaluation of risk for confusion that is carried out in oppositions based on earlier trademark rights. The case highlights the difference in purpose and scope of protection between trademarks and designations of origin. This is especially of note in view of an earlier decision between the same parties, in which the EU collective trademark registration for HALLOUMI did not
constitute a bar against the word mark “Falloumi”.
Facts
A company was granted trademark registration for the below device mark.
