As businesses navigate the final weeks of the first quarter of 2026, the regulatory environment for intellectual property in the United Kingdom has settled into a new reality. 

The expiry of the post-Brexit transition period on 1 January 2026 marked a pivotal moment for trademark enforcement, removing the safety net previously granted to EU-issued trademark registrations under transitional rules.  

For businesses holding these ‘cloned’ UK trademarks, the window for relying on cross-border use has firmly closed.

What are ‘cloned’ trademarks? 

‘Cloned’ trademarks (formally known as comparable UK trade marks) were the legal mechanism used by the UK Intellectual Property Office (UKIPO) to ensure continuity of protection immediately following Brexit.

On 1 January 2021, as part of the transitional measures, any existing EU trademark was automatically duplicated onto the UK register at no cost to the holder.  Additionally, these new UK trademarks were granted the same filing dates, priority dates, and seniority as their EU counterparts, but functioned as independent trademarks recognised only in the UK.  

These ‘cloned’ trademarks are easily identifiable on the register by their prefixes, typically UK009 or UK008, followed by the last eight digits of the original EU trademark. 

Following the end of the transitional period, these trademarks are now subject to UK trademark regulations, including rules on maintenance and usage.  

Post-transition period rules 

The transition period formally ended on 31 December 2025. 

Prior to January of this year, rights holders could defend these UK cloned marks against non-use cancellation by citing evidence of use in the European Union. 

However, since the start of 2026, that provision has been void.  

Only genuine use within the United Kingdom now counts towards maintaining a UK trademark registration. This means that evidence of sales, marketing, or logistics in France, Germany, or any other EU Member States is no longer considered admissible for the defence of a UK-specific trademark right, and will therefore not be considered by the UKIPO. 

Existing trademarks now vulnerable to cancellation

The ‘use it or lose it’ rule is now fully enforced. 

Any cloned UK trademark that has not seen genuine use within the UK since 1 January 2021 is now vulnerable to revocation for non-use.

Applications to cancel cloned UK trademarks on the grounds of non-use are expected to rise throughout 2026. If a business cannot produce evidence of commercial activity in the UK, such as specific UK sales data, invoices issued to UK entities, or UK-targeted advertising, the registration faces a high probability of removal.

Some businesses might be tempted to simply re-file their trademarks in the UK to ‘reset the clock’ on the five-year use requirement.  The UKIPO is increasingly vigilant against so-called ‘evergreening’ – the practice of repeatedly filing for the same mark to avoid genuine use obligations. 

If a competitor can prove that the new application was filed solely to avoid revocation of the old one, the new mark can be invalidated on the grounds of bad faith.  A strategic refiling must be supported by a genuine commercial intention to use the mark.

Major opportunities ahead?

While the expiry of the transition period might present a maintenance challenge to businesses with a genuine need to exercise their trademark rights in the UK, it also significantly clarifies the playing field. 

The trademark register has, for the last five years, been saturated with millions of cloned marks that were never intended for commercial use in the UK.  

For organisations previously blocked from registering a brand in the UK due to a competitor’s existing ‘cloned’ mark from the EU, the current landscape now offers a strategic opening.

For businesses requiring a review of UK trademark status or assistance with their compliance strategy for the UK market, our expert team at TBA Global is here to help.