From 1 January 2026, use of the trademark in the European Union will no longer be sufficient to maintain the validity of cloned UK trademarks generated after Brexit. It is therefore necessary to take appropriate action promptly.

What are UK cloned trademarks?
Following the UK's exit from the EU, every EU trademark registered on the date of Brexit was automatically replicated as a standalone UK national trademark. These rights, although derived from the original EU trademark, are now independent and subject to UK national rules.

Use requirement: what will change from 2026
Until 31 December 2025, the UK will temporarily recognise the use of the EU trademark as valid proof of use of the corresponding cloned UK trademark.

From 1 January 2026, this possibility will cease definitively.

In concrete terms:

• cloning has generated separate and independent rights for the European Union and the United Kingdom.
• until 31 December 2025, reference could be made to use in any EU Member State to protect the cloned UK trademark.
• from 2026, only the genuine use of the trademark in the United Kingdom will be relevant as evidence in any cancellation and revocation proceedings for non-use.
• at the same time, the European Union trademark (EUTM) will also no longer be able to rely on use in the United Kingdom to defend itself against any non-use proceedings in the EU.

Implications for trademark owners

Cloned trademarks that have not been used in the UK in the last five years will become vulnerable to revocation claims by third parties for non-use.

This may result in the loss of strategic rights, with direct impacts on current or future commercial activities in the UK market.

Recommended actions

To adequately protect your intellectual property rights, we recommend the following actions:

1. Analyse your trademark portfolio
   Check which EU trademarks have generated a UK clone and check their status.
2. Assess genuine use in the United Kingdom
   Collect and retain documentary evidence of genuine use (sales, invoices, promotional activities targeting the local market, information material distributed in the UK, etc.).
3. Plan activities to consolidate the trademark's exposure in the UK
   Launch or strengthen commercial, promotional or distribution initiatives that can prove genuine use in the UK. Even limited use, provided it is genuine and demonstrable, may be sufficient to maintain the right. Consider direct registration of UK trademarks for independent and more robust protection.
4. Consider any trademarks that are no longer strategic
   Consider rationalising your portfolio to avoid unnecessary costs and risks.
5. Request a personalised analysis
   Our team is at your disposal to assist you in reviewing your trademark portfolio and defining the most appropriate strategy to protect your interests in the UK and European markets.