UK businesses may have their European trademark registrations revoked after 31 December 2025 if they cannot demonstrate that they are using them within the European Union.
Harry Rowe, partner at law firm Mathys & Squire, told City AM, “UK businesses have a small window of opportunity to assess their use and protection of their trade marks in the EU.” He warned the “window is rapidly closing.”
Trademark protection is primarily granted on a country-by-country basis. The EU has legislation that allows businesses to be registered at both the national and EU levels.
Before Brexit, the use of an EU trademark in the UK was applicable; however, following the country’s departure from the union, EU trademarks in the UK will no longer qualify for ‘genuine’ use.
The EU’s ‘genuine’ use includes offering an item for sale, advertising, or distribution.
The UK officially left the EU on 31 January 2020, and under the EU trademark regulations for non-use, marks that have not been put to ‘genuine’ use within the period of five years following registration may be revoked.
Rowe warned that “many businesses aren’t aware of this deadline and risk losing their competitive edge”, pointing out that “the impending deadline could impact a significant number of UK businesses, putting their valuable IP at risk.”
The IP specialist explained that if UK businesses can’t prove genuine use of their EU marks before Brexit, those rights could become harder to protect in the EU, which could lead to doing business in the EU becoming harder.
As of 1 January 2021, the UK Intellectual Property Office created over 1.6m ‘cloned’ trademarks from existing EU trademark registrations.
However, according to Mathys & Squire, these ‘clone’ marks may also risk being revoked.
“Companies should urgently review their trademark portfolios. This is especially critical for businesses planning to export to the EU, and brand-led companies,” Rowe stated.
He added: “Time is running out, with less than half a year remaining. Businesses should seek professional advice to check that they are complying with the genuine use requirements.”