Beginning in 2026, trademark owners in the United Kingdom and European Union will need to rely on use of their trademark registrations within the relevant jurisdiction in order to meet the use requirements put forth by the corresponding trademark offices.
After Brexit, the United Kingdom Intellectual Property Office automatically created identical, independent registrations of all EU trademark registrations, called “cloned trademarks.” These cloned trademarks are totally independent from their EU counterparts. However, UK trademark owners could satisfy use requirements for the UK cloned trademarks by citing the use of the trademark in the EU. Conversely, EU trademark owners could point to use in the UK to satisfy the use requirements for their EU trademark registrations.
Beginning on January 1, 2026, this use recognition between the UK and EU will cease, and trademark owners must be able to show use in the jurisdiction that corresponds with their trademark registration (i.e., UK trademarks must be used in the UK, and EU trademarks must be used in the EU). Accordingly, both UK and EU trademark registrations will be vulnerable to non-use actions if there is not actual use within the jurisdiction where the trademark is registered. Trademark owners are encouraged to review both their UK and EU trademark portfolios to ensure compliance with these use requirements to avoid vulnerability.
*Kenley French is a law clerk and is not yet licensed to practice law.
