In order to avoid losing cloned UK trade mark rights after 31 December 2025, genuine use of the mark must be demonstrated within the UK, not just the EU.
Cloned Marks: what are they?
Following Brexit, every EU trade mark automatically became a separate comparable UK trade mark, resulting in “cloned” UK rights. These rights are now independent from their original EU trade mark.
Evidence of use:
After 31 December 2025, use in the EU no longer qualifies as use for the UK clone, making them vulnerable to revocation for non-use. The converse will be true for EU Trade Marks which will no longer be able to rely upon UK use to maintain a registration if attacked for non-use.
The 2025 deadline and its implications:
On 31 December 2025, the provision allowing use of a trade mark in the EU to validate use for the UK clone will expire. After this date, any cloned UK trade mark that has not been genuinely used in the UK will be vulnerable to attack on the grounds of non-use by a third party.
What you should do:
Review your portfolio of both UK cloned registrations and EU Trade Mark Registrations, and their use in the UK and the EU and speak with our team who will be able to advise further.
Fiona McBride
Trade Mark group
This publication is a general summary of the law. It should not replace legal advice tailored to your specific circumstances.
© Withers & Rogers LLP November 2025
