Il giudizio di confondibilità quando il marchio anteriore è di certificazione: il caso Grillhoumi c. Halloumi, con soccombenza del governo cipriota

Altra vicenda nella lite sui segni richiamanti il formaggio cipriota Halloumi.

Si tratta della sentenza Trib. UE 11.10.2023 N, T-415/22 .

Sul punto in oggetto si legge:

<< The General Court held, in particular, that, where the earlier marks relied on in the opposition were national certification marks, which had been registered under national legislation transposing Directive 89/104, the likelihood of confusion had to be understood – by analogy with the rules governing collective marks – as being the risk that the public might believe that the goods or services covered by those earlier trade marks and those covered by the trade mark applied for all originated from persons authorised by the proprietor of those earlier marks to use them or, where appropriate, from undertakings economically linked to those persons or to that proprietor. It added that, furthermore, although, in the event of opposition by the proprietor of a certification mark, the essential function of that type of mark had to be taken into account in order to understand what was meant by likelihood of confusion, within the meaning of Article 8(1)(b) of Regulation No 207/2009, the fact remained that the case-law establishing the criteria with regard to which the existence of such a likelihood of confusion had to be assessed in practice was applicable to cases concerning an earlier certification mark>>.