10 Oct 2025
If your business owns UK trade mark registrations cloned from earlier EU registrations, there’s a very real risk they could soon be revoked for non-use.
When Brexit took effect, every active EU Trade Mark (EUTM) was automatically “cloned” into a separate UK registration on 1 January 2021. That move protected existing rights in the short term — but it also started a countdown clock that many businesses have ignored.
For a limited five-year window, use of your mark in the EU (before Brexit) counted as use in the UK.
That grace period ends on 31 December 2025.
From 1 January 2026, only genuine use of the mark in the UK will count toward maintaining that cloned registration.
If the mark hasn’t been used in the UK, it will be wide open to non-use cancellation by third parties.
Why this matters for Australian and New Zealand businesses
Many Australian and New Zealand exporters with EU-based trade mark portfolios relied on the automatic cloning system to “keep their foot in the door” in the UK. But if you haven’t actively sold, advertised, or distributed your products under that mark within the UK market since 2021, your cloned right is at risk.
Losing that registration could:
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Weaken your enforcement position against copycats in the UK
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Undermine your international filing strategy, especially if you rely on the UK mark as a priority or seniority base
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Leave your brand exposed in a major consumer and gateway market
It’s not an automatic cancellation — but from 2026, competitors can file to revoke your cloned mark, and unless you can prove genuine UK use, it’s likely to be removed.
What you should do right now
- Audit your portfolio. Identify all cloned UK marks created from EU registrations in 2021.
- Check for UK use. Have you made any real commercial use — even online sales or distribution targeting the UK?
- Gather your evidence. Invoices, marketing materials, shipment records, web analytics, and social media campaigns can all demonstrate use.
- Start using your mark in the UK now if you intend to keep it — token use won’t cut it, but credible business activity will.
- Streamline your goods/services list or re-file a new UK application if use in certain areas isn’t feasible.
The countdown is on
On 1 January 2026, EU use will stop counting for UK trade marks.
If your brand hasn’t been genuinely used in the UK, it could be gone by early 2026 — and once it’s revoked, it’s gone for good.
Now is the time to act.
We can help
At IP Solved and Regional IP, our team assists Australian and New Zealand businesses in managing their UK and EU portfolios — including audits, use reviews, and defensive filings to safeguard cloned marks.
We can help you:
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Identify which cloned registrations are at risk
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Put in place a use or re-filing strategy before the 2026 cut-off
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Defend or reinstate marks already under challenge
Contact our Trade Marks Team today to arrange a UK portfolio check-up before it’s too late.
IP Solved | Regional IP
Protecting brands across Australia, New Zealand, and beyond
ipsolved.com | regionalip.com.au
