M&C in the news: Christophe van Zyl discusses CJEU’s landmark ruling in EUIPO v Nowhere

Marks & Clerk’s expertise has been at the forefront of the legal media this week, following the Court of Justice of the European Union (CJEU) decision in EUIPO v Nowhere (Case C-337/22 P).

Senior Associate Christophe van Zyl has been extensively quoted across leading intellectual property and legal publications - including World Trademark Review (WTR), Law360, Commercial Dispute Resolution (CDR), and World IP Review (WIPR) - to decode the implications of what is being described as a "structural shift" in EU opposition proceedings.

The ruling confirms that an earlier right must not only exist when an opposition is filed but must remain valid and "live" until the moment the EUIPO issues its final decision. As Christophe explained:

"The court has effectively shifted the decisive moment for assessing the validity of earlier rights from the date of filing an opposition to the date of the decision itself."

The coverage highlights the tactical challenges now facing brand owners. Christophe noted that the decision clarifies a major post-Brexit legal question but also introduces new risks for long-running disputes:

"Opponents can no longer assume 'safety' simply because their client’s registration is still within the five-year grace period when the opposition is filed," Christophe told Law360. "Earlier rights that are revoked, invalidated, or otherwise extinguished during the course of the proceedings will no longer sustain the opposition."

For a full breakdown of the EUIPO v Nowhere decision and how it impacts your trade mark enforcement strategy, please contact Christophe or your usual Marks & Clerk advisor.