- within Intellectual Property topic(s)
- in Australia
- with readers working within the Law Firm industries
- within Government, Public Sector, Environment and Technology topic(s)
The United Kingdom Intellectual Property Office now requires UK-specific proof of trademark use and reputation.
Owners of UK trademarks will recall that one result of Brexit was the automatic creation of UK trademark registrations "cloned" from EU trademark registrations in 2021.
This December 31 closes the five-year period during which proof of trademark use and reputation in the EU also satisfied the UK requirements.
Beginning January 1, 2026, use of a mark that was cloned in the UK must be specific to the UK, and the UKIPO will disregard EU trademark use prior to 2021.
A savvy UK trademark owner will use the mark in the UK and preserve post-Brexit proof of use in the UK, in case the cloned registration is challenged in an invalidity action or opposition.
The UKIPO provides guidance here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
