The Final Countdown: Deadline for cloned UK trade marks approaches

As 2025 draws to a close, EU brand owners with cloned UK trade marks face a critical deadline: 31 December 2025. After this date, the five-year grace period introduced following Brexit will end and the rules on proving genuine use will change significantly.

What are cloned UK trade marks?

When the UK left the EU, all registered EU trade marks were automatically “cloned” into equivalent UK registrations on 1 January 2021. These comparable UK rights retained the same filing, priority and seniority dates as their EU counterparts but became independent UK trade marks.

Cloned marks are easily identifiable by registration numbers starting with UK009 or UK008.

What happens after 31 December 2025?

Currently, owners of cloned UK marks can rely on historic EU use (before IP Completion Day) to defend non-use challenges or reputation claims. From 1 January 2026, this transitional protection ends. The implications are:

• Only UK use will count to maintain cloned UK registrations.
• EU use will no longer support proof of use in UK opposition or cancellation proceedings.
• Marks unused in the UK will become vulnerable to revocation for non-use.

Why does this matter?

If your cloned UK trade mark has not been used in the UK since 2021, it could be at risk. Non-use cancellation actions are expected to rise in early 2026, particularly from opportunistic challengers. Losing these rights could impact enforcement, licensing and brand protection strategies

What action do you need to take?

1. Review your trade mark portfolio Your Portfolio
   Identify cloned UK marks and check whether they have been used in the UK.
2. Commence genuine use
   If UK use is limited or non-existent, start using the mark in the UK before year-end.
3. Consider new filings
   If genuine use is not feasible or you have concerns regarding the level of UK use, we can discuss whether filing new UK trade mark applications may be appropriate.  
4. Seek advice
   Our IP team can help you develop a strategy to safeguard your rights and avoid costly disputes

This deadline is a pivotal moment for brand owners. Acting now can prevent loss of rights and ensure your trade mark portfolio remains robust in both the UK and EU.

Taking control of your trade marks is very much about creating a legal asset in your brand and is crucial to maximising revenue in your business. Our Intellectual Property law experts and trade mark lawyers are here to support you in your journey and assist you in taking control from a legal point of view.

Please get in touch to find out how we can help you and your business.