Judgment_paragraph 28 · Nowhere Co. Ltd v European Union Intellectual Property Office (T-281/21)

28In that regard, in line with the case-law of the Court of Justice from which it is apparent, in essence, that it is the filing date of the application for registration of the mark against which an opposition has been brought which is decisive for the purposes of identifying the applicable substantive law (see paragraph 18 above), it is clear from now settled case-law that the existence of a relative ground for refusal must be assessed as at the time of filing of the application for registration of an EU trade mark against which an opposition has been brought (judgments of 30 January 2020, Grupo Textil Brownie v EUIPO – The Guide Association (BROWNIE), T‑598/18, EU:T:2020:22, paragraph 19; of 23 September 2020, Bauer Radio v EUIPO – Weinstein (MUSIKISS), T‑421/18, EU:T:2020:433, paragraph 34; of 1 September 2021, Sony Interactive Entertainment Europe v EUIPO – Wong (GT RACING), T‑463/20, not published, under appeal, EU:T:2021:530, paragraph 118; and of 1 December 2021, Inditex v EUIPO – Ffauf Italia (ZARA), T‑467/20, not published, EU:T:2021:842, paragraph 58).