Brexit made quite a mess of trademark rights.  When the United Kingdom withdrew from the European Union as of December 31, 2020, EU trademark registrations suddenly lost effectiveness in the UK.  To address this issue, the UK automatically created a “clone” UK trademark registration of every EU trademark registration, thereby allowing continued protection in the UK.  Additionally, non-use cancellation rules were temporarily relaxed so that trademark use in the EU, but not in the UK, was sufficient to maintain the active status of UK clone registrations.  Likewise, use in the UK, but not in the EU, was satisfactory to defend EU trademark registrations from non-use challenges.

On January 1, 2026, the rules change again.  UK clone registrations become vulnerable to non-use cancellation unless the owner can demonstrate genuine trademark use in the UK.  Use in the EU, but not in the UK, will no longer count to maintain the active status of UK clone registrations.  Similarly, EU trademark registrations become vulnerable to non-use cancellation unless the owner can demonstrate genuine trademark use in the EU.  Use in the UK, but not in the EU, will no longer support the active status of EU trademark registrations.  This change has great impact on trademark enforcement actions, since defendants often counterclaim that an asserted registration is invalid due to non-use.  However, the implications reach further to the very existence of trademark rights in the UK and EU, potentially affecting trademark clearance searches and jockeying of all forms to wrest trademark rights from someone else.  A trademark registration that can be canceled at any time for non-use may not be worth paper it’s written on.

Owners of trademarks in the UK and EU should evaluate the geographic scope of their actual trademark use to determine whether their UK clone registrations and/or EU trademark registrations are suddenly vulnerable to cancellation.  In certain circumstances, it may be advisable to file a fresh trademark application to receive a new trademark registration in the relevant territory.

John Malloy, III is an intellectual property attorney with more than 3 decades of experience assisting clients in Florida and nationwide with U.S. and foreign trademark applications, international trademark portfolios, U.S. and foreign trademark oppositions, and U.S. and foreign trademark cancellation actions. He is located in the firm’s Miami office, but meets with clients in the Boca Raton, Tampa, Orlando, and Jacksonville offices.