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As of January 1, it's been five years since Brexit (where does the time go?!). Its final implications for trademark rights in the EU and UK took effect as we rang in the new year.
As a reminder, even if you don't recall ever filing an application in the UK, you may have a registration there! When Brexit took effect, the UK trademark office automatically cloned EU registrations in its own registry. You can check with your trademark counsel for details or search your marks or company here.
In most jurisdictions outside the US, trademark registrations can be renewed and remain in effect indefinitely, even if the mark is not in use – unless or until a third party is motivated to challenge it based on non-use of the mark. If a certain number of years have elapsed without qualifying use, the registration can then be cancelled, in part or in whole. You're doubtless brimming with follow-up questions, to which we say, "details vary based on local law!"
In the EU and the UK, the relevant period of non-use is five years. Brexit allowed that use in the UK could still support an EU registration, and vice versa, assuming that use pre-dated Brexit. Five years later, such pre-Brexit use is no longer relevant.
As of January 1, 2026, the break-up is complete. A UK registration can only be defended with use in the UK, and an EU registration can only be defended with use in the EU.
If your registrations in either place – or in others that are important to your business – may be vulnerable, you can consider filing new applications. We'd be happy to help!
To view Foley Hoag's Trademark and Copyright Law Blog please click 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.
