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

Thursday 20th June 2024

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

(Intellectual, industrial and commercial property – Trade marks – Brexit)

By its appeal, the European Union Intellectual Property Office (EUIPO) seeks annulment of the judgment of the General Court in Case T-342/20 Indo European Foods v EUIPO – Chakari (Abresham Super Basmati Selaa Grade One World’s Best Rice).

The contested judgment annulled the decision of the Fourth Board of Appeal of the EUIPO of April 2, 2020 (Case R 1079/2019-4) firstly, in relation to the opposition proceedings between Indo European Foods Ltd and Mr. Hamid Ahmad Chakari, and, secondly, dismissed Indo European Foods’ appeal as to the remainder.

The decision was made during the transitional period, i.e. at a time when, in the absence of provisions to the contrary in the Withdrawal Agreement, Regulation 2017/1001 on EU trade marks continued to apply to earlier unregistered UK trade marks used in the course of trade. Therefore, the earlier trade mark concerned continued to enjoy the same protection as it would have enjoyed in the absence of the UK’s withdrawal from the EU.

Although the protection conferred on that trade mark by UK law remained relevant during the period transition provided for in the UK Withdrawal Agreement – hence until December 31, 2020. EUIPO alleged that the opposition proceedings and the action before the General Court were no longer valid after the expiration of that period.

Furthermore, EUIPO maintained that, since the annulment of the decision at issue could no longer procure any advantage to Indo European Foods, the latter no longer had any interest in bringing proceedings before the General Court.

In the judgment under appeal, the General Court held that the action was admissible and annulled the decision at issue.

Background Documents C-801/21 P