Taking control of your UK trademark destiny: how to maintain protection in a post-Brexit world

Against the backdrop of the UK's departure from the European Union, the decision by the Intellectual Property Office (UKIPO) reflects a shift in the global trademark protection landscape. With the EU Trademark (EUTM) registration number shrinking from 28 to 27 countries, EUTMs are no longer applicable in the UK. As a result, the UKIPO has automatically created duplicate UK trademarks for all EUTMs registered up to January 1, 2021, enabling trademark holders to enjoy protection in the UK without having to reapply.

However, many registered trademarks previously limited to EUTMs lack genuine use in the UK, making them vulnerable to non-use challenges. Fortunately, under the latest regulations, records of use in the EU or UK as of the end of 2020 will still be valid as evidence until the deadline. However, starting in 2026, trademark holders will need to be able to demonstrate genuine use of their trademarks in the UK in order to effectively oppose or respond to potential infringement claims and other challenges.

"Genuine use" is not just a formal requirement, but requires the demonstration of actual commercial operations, market share and brand vitality. Therefore, we strongly recommend that trademark holders take immediate measures to prevent such violations:

• Review and application: Comprehensively review the use of the trademark in the UK and strive to put it into actual commercial use.
• Gather evidence: Record documented usage, from invoices to advertisements, to ensure you have a basis for legal challenge.
• Assess validity: For trademarks that are no longer needed, consider choosing not to renew them to maintain their validity.
• By appointing a representative: Appointing a legal representative in the UK when necessary to ensure the smooth running of the legal process.

Trademarks are important assets of corporate brands, and all trademark holders should attach great importance to the protection of their trademarks in the international field.