‘Halloumi’ PDO could help fill gap left by ‘weak’ TM

Cypriot cheese producers have suffered a setback in their efforts to protect the coveted ‘Halloumi’ trademark—but they’ll soon have other tools at their disposal, lawyers predict.

The EU General Court ruled  last week that the producers’ association responsible for the mark couldn’t block a Greek dairy maker from using the name in one of their products. According to the court, the ‘Halloumi’ collective mark, registered in 2002, suffered from a “weak distinctive character”, meaning that the level of protection it afforded must be low.

Ordinarily, that could present a big problem for Cypriot producers who have seen demand for the cheese grow substantially this century. The increased popularity of the cheese in countries such as the UK means it’s more important for producers to ensure that the market isn’t flooded with inauthentic competition.

To that end, lawyers for the Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi confirmed to WIPR that they were “evaluating the decision and the prospect of an appeal”.

But despite the findings of the court, Cypriot halloumi producers will soon enjoy stronger rights over the name. That’s the view of Cypriot trademark experts ahead of a soon-expected decision on the status of Cyprus’ protected designation of origin (PDO) application for halloumi.

If accepted, the PDO would mean that only genuine Cypriot cheese manufactured under certain conditions could be marketed under the ‘Halloumi’ name. Lawyers say this could be key, in light of recent troubles in enforcing the collective mark.

“As one of Cyprus’ major exports, halloumi cheese symbolises the heritage of the island. This decision is certainly a blow with the court finding that the mark is a generic name,” said Athena Mavroyiannis, associate at  Chrysostomides law firm, in the wake of the General Court’s latest decision.

Ultimately, if the halloumi mark is considered generic, that reflects partly on how it has been enforced and maintained since it was registered. Coming ahead of the decision on the PDO application, this makes the court’s findings “particularly poignant”, said Mavroyiannis.

“The words of the General Court are a reminder that the local product has not been protected the way it should have been from the start and its distinctiveness has been diluted over time,” she added.

Cyprus hopes that the PDO will go some way towards strengthening the level of protection it enjoys over one of its most important exports.

“The protection of halloumi has been a long road for all parties involved but it appears to finally be coming to an end with the European Commission expected to give its formal seal of approval for the PDO,” said Eleni Chrysostomides, a senior partner also at  Chrysostomides.

Ramona Livera, senior associate at  Elias Neocleous & Co in Nicosia, agreed that the PDO will come as a significant boost to producers after the trademark setbacks.

“In light of the EU’s imminent decision, we are of the opinion that the use of the term ‘Halloumi’, either alone or in combination with other words, will finally be protected and it will be difficult for legal entities to use the term unless the cheese is produced under the mandatory specifications prescribed by law in Cyprus,” Livera predicted.

But it’s not just non-Cypriot producers who will be subject to the PDO rules. As Chrysostomides explains, the PDO application has provoked opposition from Cypriot farmers who feel the prescribed ratio of sheep’s to goat’s milk (49:51 as required by the proposed PDO), will be too difficult to meet.

“The cheesemakers association has already announced a strike over these developments claiming that the rigidity of the PDO will lead to the destruction of the largest exportable agricultural product of Cyprus. The impact of these new developments remains to be seen,” said Chrysostomides.

Despite the issues still to be resolved at home, the lawyers remain hopeful that the PDO could at least provide better protection than the trademark system has so far.

Mavroyiannis explained: “There is a sense of hope from both the foundation, the government and the locals that the cheese will finally gain a cemented protected status separate from any weaknesses which arise in relation to its collective trademark.”