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Following Brexit, the United Kingdom Intellectual Property Office (UKIPO) automatically converted approximately two million EU trade marks into comparable UK trade marks ("UK trademark clones") to preserve protection in the United Kingdom.
From 1 January 2026, UK cloned trademarks that have not been used in the United Kingdom will become vulnerable to revocation for non-use. This means that third parties may file for revocation, and the mark could be removed from the register solely due to non-use. Rights holders should therefore promptly assess whether they can substantiate use in the United Kingdom. Suitable evidence may include invoices, delivery notes/order confirmations, sales and turnover statistics, price lists and catalogues, packaging, labels and product photographs, as well as marketing materials—each showing a clear UK nexus.
Review your portfolio for UK trademark clones and their use in the United Kingdom. Begin or intensify use sufficiently in advance of 1 January 2026. If use is only planned in the medium to longer term, a strategy that also includes new UK filings may be advisable.
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