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.
What is a cloned UK trade mark?
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".
Why is 31 December 2025 an important date?
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.
What are the key takeaways for the holders of comparable/cloned UK marks?
- Moving forwards, only UK use will support UK trade mark registrations.
- Check your trade mark portfolio to identify any comparable marks that are only used in the EU; consider whether it is possible to extend use to the UK.
- It is always good practice to keep detailed use records, but it now even more important to document UK specific use of your trade mark(s) in case you are required to provide it.
- Don't leave it to the last minute as this could have catastrophic consequences for your business.
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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
