India

Basmati Brexit ruling

We represented Indo European Foods (IEF), a UK trader in Basmati rice, in an appeal by the EU Intellectual Property Office (EUIPO) to the Court of Justice of the European Union (CJEU) against a decision by the EU General Court relating to an opposition filed by IEF against an application to register “Abresham Super Basmati Selaa Grade One World's Best Rice” as an EU trade mark for goods other than Basmati rice. The General Court upheld extended form passing off as a ground of opposition. The CJEU issued a judgment strongly upholding the General Court’s decision and awarding costs against the EUIPO. The matter has been reallocated to the EUIPO Board of Appeal for reconsideration. This a significant decision as it confirms that where a trade mark opposition is based solely on UK rights, appeal proceedings pending before the General Court in respect of an EUIPO Board of Appeal decision made prior to 31 December 2020 do not become devoid of purpose by virtue of the UK’s withdrawal from the European Union.