Avenue Wolfers 32, 1310 La Hulpe, Belgium
Avenue Wolfers 32, 1310 La Hulpe, Belgium
Countdown to January 2026: Time to Review Use of Your UK and EU Trademarks
Brexit’s legacy is about to get real for trademark owners.
As we approach the five-year mark since Brexit officially took effect, trademark owners need to be alert. From 1 January 2026, important transitional arrangements around trademark use will expire — and the risk of non-use cancellation is about to increase significantly.
Quick history:
When the UK left the EU at the end of 2020, all EU trademark registrations (EUTMs) were cloned into UK equivalents. To ease the transition, both the UK and EUIPO allowed past use — even across borders — to count in defending registrations against non-use challenges.
But this flexibility is coming to an end.
What changes on 1 January 2026?
UK clone registrations: Only use of the trademark in the UK will be accepted to defend the mark. Any past use in the EU will fall outside the relevant five-year window.
EUIPO registrations: Use in the UK — even from when it was an EU member — will no longer count. If the mark hasn’t been genuinely used in multiple EU member states, the registration could become vulnerable.
Why this matters
Territorial use has always been important in trademark law — but now it’s critical. If you own marks that were registered before 1 January 2021, and you haven’t actively used them in the right territory, your rights may be at risk.
What should you do?
There’s still time. We strongly recommend reviewing your UK and EU trademark portfolios now:
Need help with this analysis or planning next steps?
Contact our trademark team (ip@kirkpatrick.eu) for tailored advice before the window closes.
