A company holding the FIND MY CAR trade mark had lodged an appeal with EUIPO but had failed to submit its statement of appeal within the four-month time limit provided for in the European Union Trade Mark Regulation. Before the expiry of an extended exceptional time limit granted to Ukrainian companies, the trade mark was assigned to a company established in Ukraine, which sought to benefit from this extension by filing an application for restitutio in integrum. This procedure allows a party which, despite having exercised all due care required by the circumstances, was unable to comply with a time limit vis-à-vis the Office to be restored to its rights if the impediment had the direct consequence of causing the loss of a right or a means of redress.

The Court rejects this argument.

In its view, the new proprietor of a trade mark may only rely on the rights attached to that trade mark from the date of entry of the transfer in the EUIPO register. That entry has no retroactive effect. Consequently, the assignee takes over the proceedings as they stand and cannot obtain a procedural advantage that would allow a time limit that has already expired to be revived.