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Amendments to Trademark Laws

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Nov 17, 2025 (Newsletter Issue 11/25)
United Kingdom
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Transitional use period for Brexit cloned trademarks ends


From 1 January 2026, cloned Brexit trademark registrations will be subject to the same use requirement as any other national UK trademark registration. This means that only use within the UK will be relevant to show genuine use of these intellectual property rights.

If cloned registrations have not been put to genuine use in the UK, they may become vulnerable to non-use cancellation, unless the owners can justify such non-use. In general, only reasons outside the trademark owner’s control, making it impossible or unreasonable to use the mark, will be accepted. With a vast number of comparable rights still on the UK Register, the end of the Brexit transition period presents a significant milestone for trademark owners.

If a cloned right has not been put to genuine use in the UK and the rights holder does not have proper reasons for non-use, those rights cannot feasibly be relied upon in contentious proceedings and may be open to cancellation on the grounds of non-use.

Source: www.novagraaf.com