Trade Marks
A closing chapter for clones: preparing for UK-only use assessment
November 26, 2025
As the post-Brexit transition comes to an end, a critical deadline is approaching for owners of UK comparable (cloned) trade marks. From 1 January 2026, the UK Intellectual Property Office (UKIPO) will no longer accept use of a mark in the EU as evidence of genuine use for the corresponding UK clone. Rights holders must now ensure that actual UK-based use exists, or their cloned registrations may become vulnerable to revocation.
Background
On 1 January 2021, the UKIPO automatically created a UK comparable trade mark for every registered EUTM. These UK clones mirror the EU registration in filing date, priority and goods/services coverage, but operate as independent national rights.
Recognising that many marks relied on EU-wide use prior to Brexit, the UKIPO allowed historic EU use (up to 31 December 2020) to support the validity of UK clones for an initial transition period.
What changes at the end of 2025
The transitional rules expire on 31 December 2025. From 1 January 2026:
- Only genuine use in the UK will count for defending cloned marks in non-use revocation actions or proving use in opposition/invalidation proceedings.
- EU use - whether before or after Brexit - will be irrelevant for the UK clone.
- Marks with no commercial UK use during the relevant five-year period become immediately vulnerable.
What counts as genuine use?
Use must reflect real commercial exploitation of the mark in the UK market. Token or internal use will not suffice. Evidence of use typically includes:
- sales figures and marketing spend
- UK-targeted advertising and promotional materials
- invoices, catalogues, and marketing campaigns directed at UK consumers
Practical risks for rights holders
- Revocation exposure: dormant or low-use cloned marks may be removed from the UK register.
- Weakness in disputes: in oppositions or cancellations, cloned marks may be disregarded if UK use cannot be proven.
- Portfolio inefficiencies: rights owners may be unknowingly paying to maintain registrations that cannot be defended.
- Evergreening: simply refiling in the UK for the same mark and same goods/services will not solve the problem because the refiled mark could be open to a bad faith challenge due to ‘evergreening’, i.e. repeat filings to get around the need to prove use of a registration after 5 years.
Recommended actions
- Conduct a portfolio audit of UK cloned marks.
- Confirm whether each mark is genuinely being used in the UK.
- Consider initiating UK-specific use where commercially viable.
- Where marks are no longer strategically important, consider letting them lapse at renewal.
- Ensure you have a UK address for service, especially for contentious matters.
Conclusion
The end of the EU-use grace period represents a significant shift in how cloned UK trade marks are assessed and enforced. Owners should act now to secure evidence of UK use or reconsider the strategic value of registrations at risk. Early preparation will be essential to avoid revocations in 2026 and beyond.
If you have any questions regarding this article or would like some professional assistance with the recommended actions above, please don’t hesitate to get in touch with the author Amelia Skelding or call +44 (0)1332 367 051.
Amelia Skelding
IP Director