10.11.2025
If a cloned UK trade mark right is challenged for non-use, use of that mark in the EU currently counts towards demonstrating genuine use. However, this will not be the case for much longer. From 31 December 2025, owners of cloned UK trade mark rights must show genuine use in the UK only to maintain a challenged right as use in the EU will no longer be relevant.
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To ensure that UK trade mark protection was not lost following Brexit, EU trade mark registrations were cloned onto the UK trade mark register on 1 January 2021. These marks are sometimes referred to as “comparable UK trade marks”, or “UK clones”.
It is a critical date for trade mark holders because afterwards only use of a mark in the UK will be relevant to support a challenged registration. What this means in practice is that cloned UK marks that are not used in the UK will become vulnerable to revocation for non-use.
If you have any questions, or concerns, please reach out to your usual Keltie contact who will be happy to discuss this further with you.
24.09.2025
Series Over: A New Era for UK Trade MarksThe UK Intellectual Property Office (UKIPO) is set to discontinue series mark applications as part of its ambitious digital transformation programme. This decision marks the end of a system that has been a “reasonably unique feature” of UK trade mark law for decades.
09.07.2025
New UKIPO Practice Amendment on overly broad specifications and bad faithThe UKIPO has issued a new Practice Amendment Notice (PAN 1/25) in response to the Supreme Court’s landmark ruling in the case SkyKick UK Ltd v Sky Ltd (2024 UKSC 36).
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