In a landmark ruling in Nowhere Co. Ltd v EUIPO (C-337/22 P), the Court of Justice of the European Union has confirmed that an “earlier right” relied upon in EUIPO opposition proceedings must be valid not only at the filing date of the contested EU trademark, but also at the time of the final decision. This judgment overturns the General Court’s 2022 approach and aligns with the EUIPO’s long-standing position.

The case concerned a pre-Brexit EU trademark application opposed on the basis of UK *passing off* rights. Although those rights existed at the filing date, the CJEU held they could no longer be relied upon once the UK ceased to be an EU member. The decision establishes that rights which expire, are revoked, or otherwise cease to qualify—whether due to Brexit or other reasons—cannot support an opposition if they are no longer valid when the decision is adopted.

Practitioners have welcomed the ruling for providing long-awaited legal certainty. Beyond the Brexit context, the judgment sets a general principle for EU trademark law, reinforcing the requirement of continuous validity of earlier rights throughout opposition proceedings and offering clearer guidance for rights holders across the EU.