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.
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