News 2026

Article - March 2026

GB Trade Mark in Opposition Proceedings Before the Court of Justice of the European Union (CJEU) Post Brexit. In a Recent Trade Mark Case, the CJEU Clarifies the Procedures for a GB Trade Mark in EU Trade Mark Opposition Proceedings Post Brexit, written by Dr Rosanna Cooper and Daniella Corbin.

Case Summary

The recent case of EUIPO v Nowhere Co. Ltd (2026) (‘Nowhere’), concerned the validity of EUIPO opposition proceedings founded on earlier UK trade mark rights which have ceased to exist. The CJEU ruled on the implications of Brexit on earlier UK rights and EUIPO opposition proceedings brought prior to Brexit. The Court of Justice of the European Union (CJEU) held that ‘…UK trade mark rights cannot be relied on in European trade mark opposition proceedings commenced before Brexit…’ unless the owner can show those rights continued to exist and be enforceable in one or more EU member states after the UK left the EU.

In the case of Nowhere, the grounds for the opposition relied solely on UK trade mark rights which ceased to have EU territorial effect after Brexit. Accordingly, the opposition by Nowhere failed and the EUIPOs decision was upheld.

Trade Mark Opposition

…Trade Mark Opposition Proceedings Under GB law, a trade mark may protect distinctive signs such as names, logos, slogans shapes or even unique distinctive sounds. It is important for trade marks to be registered as exclusive rights are granted to use registered trade marks in respect of specified goods and/or services. The registered trade marks prevent third parties from using identical and/or similar signs in the course of trade. Once registered, registration affords a broader and enforceable protection to registered proprietors. Registered trade mark rights are therefore enforceable…

CJEU Ruling

The CJEU therefore concluded that GB rights could no longer be relied upon in pending EU opposition proceedings after the transition period had ended as they no longer conferred a right capable of being enforced within the EU.

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Daniella Corbin

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