Important changes for trade mark use in the UK and EU from 1 January 2026

End of Mutual Recognition of "Genuine Use" Between the UK and the EU
From 1 January 2026, mutual recognition of "genuine use" for trade marks between the UK and the EU will end. This change affects how use of trade marks in one jurisdiction (the UK or the EU) counts towards genuine use in the other.

• For UK Trade Marks: Use of a trade mark in the 27 EU Member States will no longer count as "genuine use" for a UK Trade Mark.
• For EU Trade Marks: Similarly, use of a trade mark in the UK will no longer count as "genuine use" for an EU Trade Mark.

Transition Period Under the Withdrawal Agreement
Under the Withdrawal Agreement, a transitional five-year period was put in place, starting from 1 January 2021, to allow trade mark use in the UK and EU to still count for mutual recognition. However, this period has progressively diminished in its weight, and by 1 January 2026, it will no longer apply.

What This Means for Trade Mark Owners

• If you own an EU Trade Mark and have only used that mark in the UK since 1 January 2021, your trade mark could be vulnerable to cancellation for non-use after 1 January 2026. Enforcing the trade mark against third parties (e.g., in opposition, cancellation, or infringement cases) may also become more difficult.
• Similarly, if you own a comparable UK Trade Mark (those that were derived from an EU Trade Mark, starting with UK009, or from an EU Designation, starting with UK008) but have not used the trade mark in the UK, you could face similar risks of non-use cancellation and enforcement challenges.

What You Can Do
If you’re concerned about these issues and still have commercial interests in either the UK or the EU, there are actions you can take to protect your trade mark in that jurisdiction. We can help you review your (or your client’s) trade mark portfolio and advise on available options to maintain protection.