Brexit effect on trademarks: EU Advocate General Opinion in Case C-801/21 P EUIPO v Indo European Foods

Thursday 23rd November

Opinion in Case C-801/21 P EUIPO v Indo European Foods

(Intellectual property – Effects of Brexit)

By its appeal, the European Union Intellectual Property Office (EUIPO) seeks annulment of the judgment of the General Court of the European Union of 6 October 2021 in Case T-342/20 Indo European Foods v EUIPO – Chakari (Abresham Super Basmati Selaa Grade One World’s Best Rice). In that judgment, the General Court upheld the challenge brought by Indo European Foods Ltd against the decision of the Fourth Board of Appeal of the EUIPO of 2 April 2020 concerning the application for registration of the figurative mark Abresham Super Basmati Selaa Grade One World’s Best Rice.

This case gives the Court the opportunity to clarify the issue of the disappearance during the proceedings of the right on which an application to oppose the registration of a Union trademark was based, as a result of the withdrawal of the United Kingdom of Great Britain and Northern Ireland from the Union.

More particularly, the question arises as to the procedural implications of such a disappearance, since the appeal is concerned exclusively with the Court’s examination of the admissibility of the action for annulment of the decision rejecting the opposition application.

Background Documents C-801/21 P