Transitional Period: Use in the EU will no longer count for cloned UK Trade Marks

After the UK left the European Union, the UK automatically created cloned UK trade marks for each registered EU Trade Mark (“EUTM”) as of 1 January 2021. These cloned marks retained the original EUTM filing date and functioned as independent UK rights.

During the transitional period, from 2021 to 2025, use of a trade mark anywhere in the EU could count as genuine use of the cloned UK trade mark. This meant that brand owners could rely on EU activity—even if they had limited or no commercial presence in the UK—to defend their cloned UK marks against revocation for non-use, or to support opposition or cancellation proceedings.

This arrangement allowed businesses to continue enforcing their rights in the UK without having had to sell products or provide services in the UK, i.e., for companies whose businesses that were mainly EU based.

What happens after 31 December 2025?

The transitional protection ends on 31 December 2025. From 1 January 2026, use in the EU will no longer count as genuine use of a cloned UK trade mark. Only use within the UK will satisfy the genuine use requirement for defending a mark or relying on it in opposition or cancellation proceedings in the UK.

Therefore, cloned UK marks that have not been genuinely used in the UK may become vulnerable to revocation for non-use.

Briffa Comment

Brand owners should take steps to protect their cloned UK trade marks by conducting a portfolio audit to identify marks at risk of non-use and to document any existing UK use or begin genuine use where feasible.

The trade mark landscape is rapidly evolving and is one that Briffa is well placed to assist with, having assisted clients in this space for 30 years.

Kemal Tayyareci – Solicitor