When the United Kingdom left the European Union, a central mechanism was created to temporarily ensure the continued existence of existing trademark rights: A so-called “comparable UK trade mark” – a “trade mark clone” – was automatically created for every registered EU trade mark. These trademark clones ensured that trademark owners would not lose their protection in the United Kingdom with Brexit.

In practice, this initially led to a comfortable situation: trademark owners did not have to take any further action to maintain their rights in the UK. The legal transitional arrangements ensured that existing uses of the EU trademark were also taken into account for the UK clone. However, this phase is now finally over – with far-reaching consequences.

The legal background: transitional rules with an expiration date

The relevant provision can be found in Art. 54 para. 5 lit. b of the Withdrawal Agreement: A trademark clone could not be canceled only because the original EU trademark had not yet been used in the United Kingdom before January 1, 2021.

Rather, the use of the EU trademark within the EU – i.e. also outside the United Kingdom – was recognized as use of the UK clone that preserves rights, provided it took place before this cut-off date.

The cut-off date January 1, 2026: Start of the practical consequences

On January 1, 2021, the five-year period of non-use began for trademark clones. This means that a trademark can be canceled after the deadline if it has not been seriously used within these five years.

The original grace period for use has now expired on January 1, 2026 for the trademark clones created at that time. Mere trademark use within the EU can no longer be taken into account in the UK. Neither actual use nor any other possible reputation of a trademark within the EU can secure the existence of the UK trademark.

This completes the transition from an interim arrangement to strictly separate brand systems.

The parallel development in EU trademark law

This development is mirrored in European trademark law. This requires genuine use “in the Union” for the continued existence of a European Union trademark.

Use in the United Kingdom before January 1, 2021 could initially still be taken into account as use in the EU. However, the EUIPO made it clear early on that this relevance decreases with increasing time. The more the relevant five-year period shifts to the post-Brexit period, the less important earlier use in the UK becomes.

This transition phase has also been completed since January 1, 2026. UK use is now completely irrelevant for the assessment of the use of an EU trademark that preserves rights.

The result is a complete legal decoupling: EU and UK trademark rights are now to be considered strictly separately.

Risks for trademark owners: more than just a theoretical problem

For owners of brand clones, this development is by no means merely theoretical. Rather, there are concrete risks for their own brand portfolio.

In practice, it can be observed that competitors specifically check whether trademarks are actually being used in the UK. If this is not the case, there is a risk of cancellation applications for non-use. Such proceedings can not only lead to the loss of the trademark, but also significantly weaken the negotiating position in ongoing disputes.

In addition, unused trademarks can generally no longer be successfully asserted in opposition or invalidity proceedings. This means that even if a trademark is still formally registered, it may be de facto worthless.

Companies that have so far focused exclusively on the EU market and have failed to develop an independent market in the UK are particularly affected.

Need for action: review brand strategy now

Against this background, brand owners should urgently subject their brand clones to a strategic review.

First of all, a complete inventory is required: which UK clones exist in the portfolio? Especially in the case of larger brand portfolios, there is often no complete overview.

Based on this, it should be examined whether and to what extent actual use has taken place in the United Kingdom. The decisive factor is a serious, economically sensible use – purely formal or symbolic actions are not sufficient.

Documentation is just as important. In the event of a dispute, trademark owners must be able to prove use. This includes, in particular, sales documents, marketing measures or other business activities relating to the UK market.

If no use has been made to date, a fundamental strategic question arises: should trademark protection be actively maintained in the UK?

If so, it must be used accordingly. Otherwise, it may make sense to streamline the portfolio and focus on commercially relevant brands.

Brand clones require active management

The time when brand clones continued to exist without further action is over. Since January 1, 2026, the following applies without restriction: Only actual use in the United Kingdom secures the existence of the trademark.

This means a paradigm shift for brand owners. The British market – insofar as it is relevant – must be considered and processed independently. Those who do not act now risk the gradual loss of valuable trademark rights.

Find out how to strategically set up your brand strategy in our podcast episode Brand strategy for companies: Protection that fits the business.