Do you own UK trademark registrations cloned from EU trademarks? If so, an important deadline is approaching.
From 1 January 2026, use within the EU will no longer count when proving the use or reputation of UK cloned registrations. Any such registrations which are not genuinely used in the UK during the past five years may become vulnerable to cancellation.
What counts as genuine use?
Only real commercial use in the UK – aimed at creating a market for your goods or services – will qualify. Internal or token use will not be enough, and artificial attempts to create the appearance of use are unlikely to succeed.
Can you simply refile?
Refilling may not always be the answer and can create its own risks, so careful review and planning are essential.
What should you do now?
- Review your cloned UK trademarks
- Assess genuine UK use and identify gaps
- Plan for ongoing or future use before 31 December 2025
If you need guidance on protecting your UK trade marks post-Brexit, feel free to contact us.