Scandal in Cyprus around the brand HALLOUMI

Since the beginning of December, the Cypriot government has been going through a new kind of crisis: who really owns the HALLOUMI brand? The scandal began on November 28, 2018.when an English Court of Justice validated the registration of the trademark HALLOUMI by a private company.

The HALLOUMI brand, pride of Cyprus

The halloumi is beginning to establish itself in France, but it is already very popular in many countries. In particular, in some European countries and in the United States. This cheese, made from sheep and goat's milk, is most often eaten grilled or fried. It is widely consumed in its native country and is above all an important source of export income.

In order to protect its rights, the Mediterranean island has therefore submitted a PDO certification dossier to the European Union. The government also monitors all HALLOUMI trademark registrations, to avoid appropriation of the term by third parties.

The government also holds an European collective mark "HALLOUMI", registered on 14 July 2000. According to the regulations for the use of this trademark, halloumi is produced only in Cyprus with certain ingredients and production methods. This guarantees a Cypriot production, as well as constant quality.

The HALLOUMI case in the United Kingdom or the wrongful inaction of the Cypriot government

There is a large Cypriot community living in Britain. Typical products, such as halloumi, are therefore highly appreciated across the Channel. It is estimated that the British market corresponds to 40% of European halloumi exports.

However, a private company, John and Pascalis Ltd, was successful in obtaining a certificate of registration for the HALLOUMI trademark. The Cypriot Government, the owner of the rights to the European trade mark, had, however, filed opposition within the time limit. However, it did not send the necessary documents requested by the court in time. According to the judges, "the Ministry's internal procedures were so disorganized that the letter containing the application was passed from official to official after it was received on 9 February 2018, without any action being taken. "As a result of this inaction, the Court ruled in favour of the private company.

Once the information was relayed by the media, a lively polemic agitated the island. Some even called for the resignation of the trade minister. Faced with the controversy, the government admitted its wrongdoing and launched an internal investigation.

A permanent fight to protect the HALLOUMI trademark

The Cypriot Government has made it clear that this was an isolated mistake. Indeed, the HALLOUMI mark requires constant monitoring, as the mark is often used unlawfully by third parties. The Ministry has stated that it is currently dealing with 79 similar cases in Cyprus and abroad. In addition, its services oppose hundreds of unlawful uses of the name.

Concerning the brand owned by John and Pascalis Ltd, its value remains limited. Indeed, any use of the name that would not respect the specifications of the European collective mark could be prosecuted. In addition, the Cypriot government is currently considering whether to appeal against the decision of the English court.

This case shows the importance to respect deadlines in the event of administrative or judicial proceedings. By entrusting the monitoring of your trademarks to a specialist adviser, you ensure that you do not miss any deadlines that could jeopardize your rights.