The United Kingdom left the European Union almost five years ago. For many trademark owners, Brexit was reason at the time to pay extra attention to their trademark protection in the UK. An important transitional aspect of this is now coming to an end: the transitional regime for so-called UK clone registrations ends on December 31, 2025.
In this article we explain what will change and why it is wise for trademark owners to take action now.
What are UK clone registrations again?
When the UK left the EU, it automatically created national equivalents for all EU trademarks valid at that time. These "clone registrations" were given their own UK registration number (with the prefix '008' or '009') and have existed separately from the original EU trademark since 2021.
During the past five years, a transitional arrangement applied: use of an EU trademark within the EU still counted as use for the cloned UK trademark. That advantage will disappear on January 1, 2026.
What will change as of Jan. 1, 2026?
As of the new year, only use of the mark in the United Kingdom itself still counts to maintain the cloned UK mark.
That means clone registrations will soon be vulnerable to cancellation when:
- the trademark was not actually used in the UK in the period 2021-2025; or
- use cannot be properly demonstrated.
Without demonstrable use in the UK, a cloned UK trademark can thus be cancelled (in whole or in part) for non-use. The (former) trademark owner can then no longer take enforcement action in the UK or use the trademark in opposition or invalidity proceedings at the UK Intellectual Property Office.
What should trademark owners do now?
1. Check use in the UK
Map whether the cloned UK trademark has actually been used in the UK in the past five years. Consider sales, distribution, marketing, online targeting in the UK market or other forms of commercial use. Also gather documentary evidence such as invoices, campaigns or distribution records.
2. Determine whether protection in the UK is still desired
For companies focusing exclusively on the EU market, it may make sense to assess whether protection in the UK is still needed. Sometimes it avoids costs and complex procedures.
3. No use in the UK? Consider urgent measures
Does the trademark have value, but no use in the UK is present or demonstrable? Then there are two options:
- Still start "normal" use in the UK, provided it makes commercial sense;
- Make a new application for a UK trademark so that protection can continue.
Conclusion
As of December 31, 2025, the transitional regime for UK clone registrations expires. From 2026, only trademark use in the UK itself will apply to maintain and enforce these trademarks. A timely review of the trademark portfolio prevents risk and ensures that valuable rights are preserved. Do you have questions about UK clone registrations or would you like us to look at your trademark portfolio with you? If so, please feel free to contact us.
