If you sell products or services into the UK and don’t have a UK trademark, your brand may be completely unprotected, even if you’ve traded in the UK for years under your European trademark.
From January 2026, a subtle but important trademark change has made this risk more immediate. Combined with a widespread lack of trademark awareness in the UK, it has left many businesses vulnerable without knowing it.
Do you trade in the UK without a UK Trademark?
This applies to you if:
- You are an EU-based business selling to UK customers
- You trade online via your own website or marketplaces like Amazon, Etsy or Shopify
- You have a brand name but have never registered it in the UK
- You assumed your EU Trademark still protected you in the UK
- You registered an EU Trademark years ago but don’t actively trade in the UK
If any of these apply to you, it’s worth reading on.
What has changed?
Prior to Brexit, EU trademarks provided you with trademark rights in the UK, however following Brexit they no longer do.
To ensure a fair system, EU trademarks were split into two parts, a UK trademark and an EU trademark. However, this only remains valid until the trademark expires.
The issue
EU Trademark Representatives cannot file UK trademarks, and so, this means that when you renew your EU trademark, if you want to continue having those trademark rights in the UK, you need to do a UK trademark Registration too, ideally via a UK representative like us.
We have witnessed countless examples where representatives and their clients were simply not aware this was the case.
What Has Changed?
To ensure trademark owners are treated fairly, a window was created following Brexit to allow trademark owners to still use EU trademarks to enforce their rights in the UK. However as of January 26 that window is now closed.
This means that if the UK part of your EU trademark has not been renewed, or if you simply never had a trademark in the UK and wish to continue using it here, then you need to register it.
The Good News
UK Trademarks are a lot more affordable than an EU trademark starting from only £170 for a 10 years registration, so the extra cost is negligible if the UK is a good source of business for you.
What Could Happen If You Don’t Act
The UK operates a first-to-file trademark system. This means that if you don’t register your brand in the UK, someone else legally can, even if you’ve been using that name elsewhere for years.
Without UK trademark protection, businesses may face:
- Being forced to rebrand for the UK market
- Blocked listings on online marketplaces in the UK
- Difficulty enforcing brand rights in the UK
- Costly disputes or negotiations to recover a brand name for use in the UK
These problems often appear suddenly, and by the time they do, fixing them is slower and more expensive.
Why This Risk Has Increased in 2026
Between 2021 and the end of 2025, there was a transitional period following Brexit that softened the impact of these changes.
During that time:
- Use of a trademark in the EU could still support certain UK rights
That period ended on 31 December 2025. From 1 January 2026:
- EU use no longer counts as use in the UK
- UK trademarks now require genuine UK use to stay enforceable
- This includes UK trademarks that were automatically created from EU Trademarks after Brexit
In simple terms, if a UK trademark hasn’t been used in the UK, it may now be vulnerable, even if the brand is well used in the EU.
The Background
Since 1 January 2021, EU Trademarks have not provided protection in the UK. When the UK left the EU, businesses that already held registered EU Trademarks were automatically given a comparable UK trademark, which mirrors the EU registration but exists as a separate right in the UK.
However, no UK rights were created for businesses that had never registered an EU Trademark, and EU Trademarks on their own have never protected brands in the UK post-Brexit. This distinction is still widely misunderstood and continues to catch many businesses out.
Why SMEs Are Particularly Vulnerable
This legal shift is happening alongside a long-standing issue: many SMEs lack confidence in understanding trademarks or knowing when to register them.
Research by the UK Intellectual Property Office shows that:
- Most SMEs recognise the term “intellectual property”
- Far fewer understand trademarks in practical terms
- Many businesses have no IP strategy at all
- Cost, time and uncertainty often delay action
As a result, many SMEs are:
- Trading under unregistered brand names
- Relying on protection that doesn’t apply in the UK
Unaware their UK rights may now be at risk
What to Do Next
If you want your trademark to be protected in the UK, start by checking your current position. That means understanding whether you already have an EU Trademark, whether a UK Trademark exists alongside it, and whether the status of the mark is still registered or has expired.
It’s important not to assume protection exists. EU Trademarks do not protect the UK, and UK “clone” marks now require genuine UK use to remain enforceable.
Acting early can make a real difference. Registering a UK Trademark is often quicker and more affordable than people expect, and taking action sooner reduces the risk of disputes, delays or costly problems later.
The Bottom Line
Trademark protection hasn’t become less important since Brexit, it’s become more fragmented.
From January 2026, protecting your brand means:
- Registering trademarks in the territories that matter
- Using them in those markets
- Not relying on assumptions that no longer apply
For many SMEs, the biggest risk isn’t doing the wrong thing, it’s not realising the rules have already changed.
Get Clear on Your Brand Risk
If you’re unsure where you stand, you don’t have to work it out alone.
We have a team who help businesses like yours every day. They know this area inside out and can tell you exactly where your brand is exposed, and where it isn’t.
The good news? Our brand audit is free. You only pay if you decide to go ahead with trademark registration.
There’s no obligation, no pressure, and no jargon — just clear, practical guidance so you can make an informed decision about protecting your brand.
We work with Trademark Representatives all over the EU. If you are a Representative who wants help solving this problem for your clients, do not hesitate to reach out.
Refer us to your EU trademark representative
If you sell to the UK, trade online, or plan to grow, it’s worth checking your position now or if you have a Local Trademark Representative who you would prefer we speak to directly, please feel free to refer us to them.
