European Union – Trade marks. The European Union Intellectual Property Office's Second Board of Appeal had correctly concluded, in a contested decision relating to art 8(4) of Council Regulation (EC) No 207/2009, that the law of the United Kingdom would allow, hypothetically, the opponent of an EU trade mark application to prohibit the use of the subsequent mark before the UK courts in an action for passing-off. The General Court of the European Union so held in dismissing the applicant's appeal against the Board's decision.