Bristows - Cease & Discuss: Brexit – where are we now?

In this episode, Stephanie Taylor and Saaira Gill consider where we are now following Brexit, taking a look at how the UK and EUIPO approached the position of UK and EU based rights in relation to opposition and cancellation proceedings. In particular, looking at EU case law including Basmati (EUIPO v Indo European Foods Case C-801/21 P), Shopify (Shopify Inc v EUIPO Case C-751/22 P) and Nowhere (EUIPO v Nowhere Co. Ltd Case C-337/22) and how UK rights were treated during and after the Brexit transition period, as well as the Parabolica v Tesla (Parabolica Limited v Tesla Holding A.S. [2026] EWHC 386) decision coming from the UK.

They also include some helpful takeaways for brand owners now that the UK clone registrations are over five years old and potentially vulnerable to cancellation and what to consider if your trade mark registration is on the receiving end of a cancellation action.