31 December 2025 marks five years since the United Kingdom formally left the European Union. From this date, it will no longer be possible to rely on use of EU trademarks to establish genuine use or reputation in the United Kingdom for so-called UK clone registrations (those with prefix 009 or 008).

This means that UK clone trademarks that have not been used in the UK within the past five years may be subject to full or partial revocation for non-use. As a result, trademark owners could lose the ability to enforce their rights before UK courts or to rely on their registrations in opposition or invalidity proceedings before the UK Intellectual Property Office (UKIPO).

What should trademark owners do?

We recommend that all trademark owners:

• Review their UK clone registrations and assess whether the marks have been used in the United Kingdom during the past five years.
• Evaluate their future plans for use of the marks in the UK market.
• Take timely action – if a mark has not been used but protection is still desired, it may be advisable to commence genuine use in the UK and/or consider filing new applications to safeguard future rights.

At Groth & Co, we are closely monitoring this development and are happy to assist with strategic advice on how to best protect and maintain your trademark rights – both in the United Kingdom and within the European Union.