EU General Court Confirms UK Marks Cannot Support Post-Brexit Opposition

The EU General Court has confirmed that UK trademark registrations cannot serve as the basis for opposing an EU trademark application once the Brexit transition period has ended.

In Joules Ltd v EUIPO – Star Gold GmbH (Jules Gents) (T-294/21), the Ninth Chamber dismissed Joules' appeal against an EUIPO decision rejecting its opposition to the figurative Jules Gents mark. The opposition had relied on earlier UK registrations.

The court ruled that the existence of relative grounds for refusal must be assessed not only at the filing date of the later application but also at the date of the final EUIPO decision. Following the end of the transition period, the UK marks no longer qualified as earlier rights under the EU Trade Mark Regulation.

The judgment underscores the ongoing procedural effects of the UK's departure from the EU trademark system for brand owners relying on UK rights in EU proceedings.