Validity of UK and EU trade marks – deadline 31 December 2025
After 31 December 2025, your cloned UK trade marks and EU trade marks may no longer be valid if you have not been using the trade marks in the relevant territory.
Cloned UK trade marks
As a result of Brexit, all EU trade marks were “cloned” onto the UK trade mark register. These trade marks are known as “cloned UK trade marks” and are separate from the original EU trade marks.
After 31 December 2025, use of a trade mark in the EU will no longer count as genuine use of a cloned UK trade mark in opposition/cancellation proceedings; only use in the UK will count. Therefore, from 1 January 2026, cloned UK trade marks that have not been used in the UK will be vulnerable to revocation for non-use.
In summary, from 1 January 2026, use of a trade mark within the UK will be critical to maintain a cloned UK trade mark registration.
EU trade marks
The opposite applies: after 31 December 2025, use of a trade mark in the UK will no longer count as genuine use of an EU trade mark in opposition/cancellation proceedings; only use in the EU will count. Therefore, from 1 January 2026, EU trade marks that have not been used in the EU will be vulnerable to revocation for non-use.
In summary, from 1 January 2026, use of a trade mark within the EU will be critical to maintain an EU trade mark registration.
What should you do?
We would recommend auditing your portfolio of both cloned UK registrations and EU registrations to check if genuine use can be established in the relevant territory.
If there has been no use in the relevant territory and you want to maintain the validity of the registration, you should consider commencing use as soon as possible before 31 December 2025 and speak with our team who will be able to advise further.
