Foundation for the protection of the traditional cheese of Cyprus named Halloumi v Babel Sajt [2020] EWHC 2858 (Ch)
In this appeal from the Intellectual Property Office, the High Court considered for the first time the function of a collective trade mark, the ways in which the use of a third party sign may give rise to a likelihood of confusion with a collective trade mark, and how a collective trade mark might be infringed.
The Judge held that the function of a collective trade mark is to act as an indicator of membership of a relevant association, and that members of such an association are likely to use the collective trade mark in combination with their own logos. Thus, the Judge reasoned, the average consumer will expect to see a collective trade mark used in combination with a regular trade mark, and will understand the combination to signify that the product originates from a specific trader who is in turn a member of the collective.
On the facts, the Judge found that the ordinary end consumer would understand the sign Halloumi to describe a type of cheese, but that to the average trader Halloumi would be distinctive as a collective mark indicating membership of the Appellant’s foundation.
Christopher Hall acted for the Respondent.