Brexit “cloned” trademarks in 2026: the end of a transitional period that could affect your protection in the UK or the EU  

When the UK left the European Union, thousands of businesses faced uncertainty over the status of their trademarks. EU trademarks would no longer extend to the UK, even though many brand owners traded in both territories. To prevent disruption, the UK government created “cloned” registrations: UK rights that mirror the corresponding EU marks in the UK trademark register. This practical arrangement came with a five-year transition period, which expired on 31 December 2025.

From 1 January 2026, an important change has occurred: use in the EU will no longer help you keep a “cloned” UK trademark on the UK register, and use in the UK will no longer help you maintain an EU trademark (EUTM). Trademark owners who haven’t actively used their marks in the right territory face real risks.

Here’s what you need to understand about this important deadline.

Understanding “cloned” UK trademarks

The UK Intellectual Property Office (UKIPO) automatically generated these identical marks when Brexit took effect. Every EU trademark registered before 1 January 2021 received a UK counterpart.

These marks inherited everything from their EU parents: filing dates, priority dates, registration dates.

They became independent UK rights, subject to UK national law. But the rules on “genuine use” and reputation were temporarily adapted, allowing EU use to be taken into account during the post-Brexit transitional period.

The grace period has ended

Trademark rights can, in theory, last indefinitely. But the system relies on a simple rule: use the mark, or risk losing it. If you don’t genuinely use your mark for five continuous years, anyone can challenge it and potentially have it removed from the register.

The Brexit Withdrawal Agreement recognized this would create immediate problems. Imagine a French company selling exclusively in France and Germany. Before Brexit, the EU mark covered the UK even without sales there. After Brexit, their new UK mark would instantly be vulnerable to cancellation for non-use.

The solution was a transitional period. For five years, businesses could rely on use anywhere in the EU (including pre-Brexit UK use) to defend their “cloned” UK marks. Similarly, UK businesses could count UK use toward their EU marks. This mutual recognition helped preserve the status quo and provided continuity in both systems throughout the transition.

What changes in 2026

From 1 January 2026, the territories split completely. UK trademarks require UK use. EU trademarks require EU use.

A UK business that has traded only in the UK since January 2021 may now have an EUTM at risk. UK sales and marketing do not support EU use requirements. If the mark has not seen genuine use in the EU for a continuous five-year period, it becomes vulnerable.

The reverse also applies. Years of German, French, or Spanish commerce will not support the use of a “cloned” UK right. Without genuine, documented UK market activity, those UK registrations may face revocation.

Defining Genuine Use

What counts as genuine use? It must reflect real commercial activity in the relevant territory, not symbolic steps taken only to preserve the registration.

In practice, owners should keep records such as invoices and sales data identifying customers in the UK or the EU, territory-targeted advertising and website analytics, distribution or licensing documents, and examples of packaging or promotional materials used for supply in that territory. This kind of material demonstrates genuine market presence.

The Risks of Inaction

Marks without genuine use face two main risks. First, competitors can file revocation actions to clear them from the register. Second, enforcement becomes less secure: if you rely on a vulnerable registration, the other side may attack your mark for non-use as part of the dispute (or in parallel), which can weaken, or even block, your claim.

For “cloned” UK marks, the first post-Brexit five-year period running from 1 January 2021 has now ended. If a mark has not seen genuine UK use during that time, it may already be vulnerable. The same logic applies to EUTMs, which must be supported by genuine EU use, not UK-only activity.

This does not mean unused rights disappear automatically. A third party must still bring a revocation for non-use claim. If the owner only starts using the mark in the UK from 2026, that new use may help if it begins before a revocation is filed, but UK authorities can disregard use launched in the three months before the filing if it looks purely reactive. Finally, earlier EU use can only assist in limited scenarios where the assessed five-year period includes time before 1 January 2021; for periods entirely after that date, the analysis is strictly focused on the actual use in the UK.

Strategic Options for Brand Owners

Businesses should start by auditing their portfolios. Identify all EU marks with a clone in the UK. Review their actual use since 2021. Assess which marks matter for current or planned market activities.

Where genuine commercial interest exists, start using the mark properly. Launch products, run advertisements, establish distribution. Document everything: dates, locations, sales figures, marketing spend. Build a solid evidence file that demonstrates real market presence in the UK.

Some owners may consider refilling a UK application for the same (or a very similar) sign. This can be legitimate where it reflects a genuine commercial need (for example, a revised figurative mark or an updated specification). “Evergreening” is different: it involves re-filing essentially the same mark mainly to reset the five-year non-use period. The UKIPO is hostile to this approach and such refilings may be challenged as bad faith, typically by third parties in oppositions, invalidity actions, or related disputes rather than raised automatically by the office at filing.

Opportunities for Competitors

The end of the transitional period creates opportunities. A “cloned” UK mark that once blocked your entry may now be vulnerable to attack if it is not supported by genuine UK use. Expect more revocation for non-use actions, as competitors test earlier rights and seek to clear the register to remove obstacles to new filings and enforcement.

The Bottom Line

1 January 2026 marked the end of Brexit trademark grace period. From that date forward, UK marks need UK use, EU marks need EU use.

This is not just a technical change. It affects enforceability, vulnerability to challenge, and trademark strategy. Thousands of “cloned” marks exist. Many lack genuine use. Those registrations may now be at risk of revocation.

If this raises concerns about your trademark portfolio, Gevers can assist with a targeted audit, a use and evidence review, and pragmatic next steps to maintain strong protection across your key territories of interest.