CJEU Clarifies Post-Brexit UK Rights in EU Oppositions

The Court of Justice of the European Union delivered judgment on 5 February 2026 in EUIPO v Nowhere Co Ltd, concerning an opposition to an EU figurative mark filed in 2015 for clothing and related goods. The opposition relied on earlier UK unregistered rights in passing off. The EUIPO had rejected the opposition on the basis that such UK rights could no longer be invoked once the EUIPO decision fell after the end of the Brexit transition period. The General Court had annulled that decision, but the Court of Justice set aside the General Court ruling and upheld the EUIPO position. The Court held that an earlier right based solely on UK law must remain legally effective at the time of the EUIPO decision to support a successful opposition. This ruling resolves uncertainty for proceedings decided after 31 December 2020 and confirms that post-transition UK rights alone are insufficient in EU trademark oppositions.

Small businesses relying on UK unregistered rights should review any pending EU filings or oppositions and consider securing EU registrations where possible.