UK Trademark Holders: Action Needed to Protect “Cloned” EU Marks
Table of Contents
Published: November 21,2023 | Last Updated: November 21,2023
Brexit and the Creation of UK Trademark clones
Following the United Kingdom’s departure from the European Union,the United Kingdom Intellectual Property Office (UKIPO) proactively converted approximately two million existing EU trade marks into equivalent UK trade marks. These are commonly referred to as “UK trademark clones,” designed to maintain intellectual property protection within the UK after Brexit.
Impending Risk of Revocation for Non-Use
As of January 1, 2026, these UK cloned trademarks will be susceptible to revocation if thay haven’t been demonstrably used within the United Kingdom. This means that third parties can initiate cancellation proceedings based solely on a lack of use, perhaps leading to the removal of the trademark from the UK register.
Rights holders should therefore promptly assess whether they can substantiate use in the United Kingdom.
Acceptable Evidence of Use
Trademark owners should proactively evaluate their ability to provide evidence of use. The UKIPO will consider a range of documentation, including:
- Invoices
- Delivery notes and order confirmations
- Sales and turnover statistics
- Price lists and catalogues
- Packaging and labels
- product photographs
- Marketing materials
Crucially, all evidence presented must demonstrate a clear connection to the UK market.
Actionable Steps for Trademark Holders
Trademark holders are advised to:
- Review their portfolio to identify all UK trademark clones.
- Assess current use of each cloned mark within the UK.
- Initiate or increase use of the trademarks well before january 1, 2026.
- For marks where immediate use isn’t feasible, consider a strategy that includes filing new UK trade mark applications.
Further Details
for a more detailed analysis, please refer to the original article: UK Clones of EU Trademarks: Non-Use Cancellations Threaten from 1 January 2026 (mayer Brown).
I hope this article provides clarity on the upcoming changes to UK trademark law. Protecting your intellectual property is vital, and being prepared is key. If you found this information helpful, please share it with colleagues, leave a comment with your thoughts, or subscribe to our newsletter for more updates on global buisness and legal news!
