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Brexit Trade Mark Transition Ends in December 2025: What EU and UK Rights Holders Need to Know

Brexit Trade Mark Transition Ends in December 2025: What EU and UK Rights Holders Need to Know

As we approach the end of 2025, the Brexit transitional period for trade mark use requirements is drawing to a close. This has significant implications for both UK and EU trade mark owners, particularly regarding the risk of revocation for non-use.

EU and UK trade mark registrations

Prior to Brexit, an EU trade mark (EUTM) registration provided protection in all EU member states, which at the time included the UK. Use of the trade mark in any one EU member state was usually sufficient to maintain validity of the trade mark across the EU. However, as a result of Brexit, EUTMs ceased to cover the UK, meaning UK protection for trade mark registrations is now distinct.

Both the EU and UK trade mark registration systems operate on a ‘use it or lose it’ principle. Where a trade mark has not been put to genuine use for any continuous five-year period in the relevant jurisdiction, the registration will be vulnerable to revocation for non-use on the application of a third party. It may also be vulnerable to partial revocation, if used for some but not all of the goods/services which are covered by the registration.

Transition period nears its end

To ease the transition, the UK government automatically created comparable UK trade marks (UKTM) from all EUTMs in existence on 31 December 2020. A comparable UKTM was given the same priority, filing and registration dates as the parent EUTM.

A five-year grace period was introduced, to allow owners of existing EUTMs and the resultant comparable UKTMs to put their marks into use in the relevant jurisdiction. During this period, use prior to 31 December 2020 in either the EU or UK would support use of both existing EUTMs and comparable UKTMs.

However, this transition period expires on 31 December 2025. Upon expiry of the grace period, the ‘use it or lose it’ principle will be fully bifurcated between the UK and EU systems.

Marks at risk are

  • EUTMs that were registered on or before 31 December 2020 but that have not been put to genuine use in the EU after that date; and
  • Comparable UKTMs that have not been put to genuine use in the UK after 31 December 2020.

UK-based owners of EUTMs

UK-based businesses holding EUTMs should urgently assess whether their marks have been genuinely used within the EU since 31 December 2020.

Post-Brexit, use in the UK will no longer count towards maintaining EUTMs. If an EUTM has not been used in the EU for a continuous period of five years from 1 January 2021 onwards, it may be at risk of revocation for non-use.

Non-UK-based owners of comparable UKTMs

Conversely, non-UK-based businesses who inherited comparable UKTMs following Brexit must assess whether those marks have been used in the UK since 31 December 2020. Upon expiry of the grace period, owners will no longer be able to rely on use in the EU prior to 31 December 2020 to support these rights.

From 1 January 2026, only UK use will count. If a comparable UKTM has not been used in the UK for a continuous period of five years from 1 January 2021 onwards, it may be at risk of revocation for non-use.

What should rights holders do now?

With the grace period ending imminently, proactive steps now can help preserve valuable intellectual property rights.

  • Review your UK and EU trade mark portfolios: Identify marks at risk due to lack of use in the relevant jurisdiction.
  • Collect evidence: Where there has been use of the trade mark in the relevant jurisdiction in the last five years, but this isn’t entirely clear from an initial search, capture documentary evidence of the place, time, extent and nature of the use.
  • Take action: Where there has not been use of the trade mark in the relevant jurisdiction in the last five years, consider initiating use in the relevant jurisdiction (either directly or through others) or refiling for the mark, where appropriate and documenting the steps taken to commence or resume use.
  • Monitor disputes: Check whether marks relied upon by you, or your opponents are at risk, and adjust your strategy accordingly. For example, consider the impact on the merits of the dispute, whether settlement may be a preferable option, and whether it may be an option to wait until 2026 and then seek to revoke registrations on the basis of non-use.

How we can help

If you would like advice on how your trade marks may be impacted by the end of the transition period, on the possible impact on ongoing disputes, or on proactive steps to take ahead of 31 December 2025, please reach out to our expert IP team.

Landmark Win for Defamation and a Settlement Against Steve Coogan and Pathé Productions

Landmark Win for Defamation and a Settlement Against Steve Coogan and Pathé Productions

We are delighted to act for Richard Taylor, former Deputy Registrar at the University of Leicester, in his successful defamation claim against actor Steve Coogan and Pathé Productions following their portrayal of him in the 2022 film The Lost King.

The film, which tells the story of the discovery of King Richard III’s remains beneath a Leicester car park in 2012, presented events through the perspective of amateur historian Philippa Langley. Richard argued that his depiction in the film was false and damaging, wrongly suggesting that he had misrepresented facts, marginalised Ms Langley’s contribution, and behaved in a dismissive and misogynistic way.

On Monday 27 October 2025, the case concluded with a significant outcome in Richard’s favour. A statement was made in open court, the film will be amended, and the defamatory allegations will not be repeated.

A “defamation David and Goliath moment”

Daniel Jennings, who led the legal case and represented Mr Taylor, said, “This is a defamation David and Goliath moment and confirms what Mr Taylor has always believed: that his portrayal in The Lost King was damaging, harmful and untrue. Individuals often feel unable to speak up against large corporations and well-known personalities, but this win demonstrates that there is recourse when wrongs have been committed.”

He continued:

“We live in an era of documentaries, podcasts and very public investigative journalism, and there’s a growing trend for film and television productions to be labelled as ‘true accounts’ to attract audiences and generate media attention. Mr Taylor’s win should serve as a clear warning for anyone taking that approach. The law is unambiguous, and there are defined routes to compensation for individuals who find themselves misrepresented.”

“It’s been a long battle for Mr Taylor which has ended successfully, however it’s hard to ignore that the shine has been taken off what should have been a moment of celebration for one of the country’s greatest archaeological discoveries. The way Mr Taylor was portrayed was defamatory, and the court’s order recognises this in favour of the individual — in what could be the first of many defamation rulings if our appetite for ‘true accounts’ continues to grow.”

Judicial recognition

At the conclusion of the proceedings, the judge acknowledged the significance of the case, commenting that:

“These have been historical, momentous events, and being the subject of a feature film must be nerve-racking at the best of times. It is to the credit of the parties and their lawyers that the case has now been resolved in this way without going to trial.”

Protecting your reputation

At Shakespeare Martineau, we help individuals and organisations protect their reputations and respond swiftly and effectively to false or damaging allegations. Our defamation and reputation management team provides commercial, strategic advice to resolve disputes and safeguard public and professional standing.

If you believe you have been misrepresented in the media, on screen or online, our specialists can help.

Find out more about our defamation and reputation management services

PECAN DELUXE CANDY (EUROPE) CELEBRATES 25 YEARS OF SWEET SUCCESS

Pecan Deluxe Candy (Europe) Ltd is marking a major milestone this year — its 25th anniversary — celebrating a quarter of a century of innovation, growth, and success in the European confectionery industry.

Established in 2000 as a fully owned UK subsidiary of the US-based Pecan Deluxe Candy Company, the Yorkshire manufacturer has evolved from a modest operation into one of Europe’s most dynamic and trusted suppliers of sweet inclusions and toppings for the food and beverage industry. From cookie dough, fudge and praline nuts to brownie and cookie pieces, Pecan Deluxe’s ingredients add indulgent texture and flavour to a host of household-name products enjoyed by consumers across the UK, Europe and the Middle East. The company has also become a reputable and trusted supplier to numerous retailers, Quality Service Restaurants (QSR’s), casual dining and food service chains.

Prior to its acquisition by Pecan Deluxe, the Sherburn-in-Elmet based company operated under the name Harriet Websters, specialising in the production of fudge. Since the change in ownership, substantial investments have been made in both innovation and workforce development, facilitating the company’s expansion into bakery, chocolate, and confectionery production to meet increasing market demand. A major £3 million factory extension in 2018 enhanced manufacturing, warehousing, and logistics capabilities, while the continued emphasis on innovation resulted in the successful launch of the ‘Bling’ range in 2021 — allowing Pecan Deluxe to offer its range of premium ingredients to smaller businesses and catering providers through ecommerce and wholesale distribution channels.

Managing Director Graham Kingston said:
“There are great plans afoot and many more developments in the pipeline. We operate in a fast-paced industry, and we’ll continue to stay ahead of food and beverage trends to bring innovative, high-quality products to market. Watch this space!”

The European celebrations form part of a truly global moment for the Pecan Deluxe family. Founded in 1950 by Texan ice cream retailer J.C. Brigham, Pecan Deluxe began by creating a range of candies to be used in Brigham’s own scoop shops. Over seven decades later, the family-owned company has become a global leader in inclusions, expanding its international footprint with state-of-the-art facilities in Dallas, Texas (celebrating an impressive 75 years in business in 2025), Yorkshire in the UK, and Pak Chong, Thailand (celebrating its 10th anniversary this year).

With all three Pecan Deluxe sites achieving landmark anniversaries, 2025 is truly a year to celebrate. Pecan Deluxe Europe marked its ‘official’ 25th birthday earlier this year with a visit from President Jay Brigham, a spectacular cake and celebrations for all staff.  

But while 2025 is a year for celebration, the business is already focused firmly on the future. Under third-generation President Jay, Pecan Deluxe continues to push boundaries from pioneering popping boba production outside Asia to doubling the size of its Thai operations in response to rising demand. 

A quarter of a century on, Pecan Deluxe Europe remains committed to its founding principles: quality, creativity, and a people-first culture that continues to drive its sweet success story forward.

HIGH IMPACT, TIME SAVING FESTIVE SEAFOOD PICKY BITS & CANAPES FROM PACIFIC WEST!

Pacific West is supporting wholesalers and end users looking to maximise Christmas 2025 menu profitability. The latest guide, “The Ultimate Picky Bit Planner”, is the essential toolkit for elevating simple starters and canapés into showstopping seafood festive offerings.

The food-to-go and hospitality sectors demand convenience and quality, especially during peak season. That’s why Pacific West focus on leveraging their range to help operators achieve high-impact presentation with minimal kitchen labour.

Discover creative ideas, including transforming classic smoked salmon into a ‘Smoked Salmon Wreath’ and elevating prawns into ‘High Octane Prawn Shooters’. For calamari, there’s serving suggestions including ‘Crispy Calamari & Wreath Dip’, or ‘MSC Cod & Sweet Chilli Skewers’, focused on providing speed and spectacle this Christmas season!

Get in touch with the team to find out more or click on the link below to see the full range of ideas.

https://pacificwestfoods.co.uk/the-ultimate-picky-bit-planner-pacific-wests-seafood-serving-suggestions-for-the-festive-season/

PACKUK ISSUES FIRST EVER PRODUCER INVOICES UNDER PEPR SCHEME

Earlier this month, PackUK issued Notices of Liability (NoL) to packaging producers under the Extended Producer Responsibility for packaging (pEPR) scheme for the first time ever.  An example NoL can be found here.

These first NoLs are based on 2024 packaging data from producers and cover disposal costs for April 2025 to March 2026. To help producers prepare for this important step, PackUK published detailed guidance outlining the invoicing and payment process as well as important security information.

With the introduction of any new payment service, PackUK is mindful of the risk of attempted fraudulent activity. To manage this risk, PackUK will never send producers a payment link via email. Producers are reminded they should log into their Report Producer Data (RPD) account to view and arrange payment of their Notice of Liability. Producers should also be mindful that scammers may attempt contact by phone or letter to perpetrate fraud.

Customer Service Desk  

There is a dedicated customer support team in place to help producers with the pEPR scheme. If you have any questions about your notice of liability or payments, please contact the EPR support desk.

If you wish to raise any concerns, check the validity of any communications, or think you may have been a victim of a scam (or an attempted scam) you should also report this to the EPR support desk.

You can contact the support desk  via email or telephone on 0300 060 0002.

The helpdesk is open Monday to Friday, 8am to 7pm during October 2025 and closed on weekends and bank holidays.

Normal opening hours for the helpdesk after October 2025, are 8am to 4.30pm.

FAMILIES COULD SAVE MORE THAN £1,100 A YEAR BY SWITCHING TO FROZEN FRUIT AND VEG

British families looking to eat a healthy diet could save over £1,100 a year on their grocery bills simply by swapping fresh fruit and vegetables for frozen alternatives, according to our new  British Frozen Food Federation (BFFF) research.

The analysis comes at a time when the government continues to push the “5-a-day” message as part of the national health agenda. However, current sustained food price inflation leaves many households struggling to keep up with the cost of healthy eating.

Using current supermarket prices, we compared the cost of an 80g portion of commonly bought fresh fruit and vegetables with the same weight from frozen packs. Across five staples – broccoli, spinach, mixed vegetables, strawberries and blueberries – the average portion of fresh produce cost £0.46, compared to just £0.30 for frozen.

That difference equates to a saving of 80p per person, per day when eating five daily portions. For a family of four, the weekly saving is £22.40, or around £1,165 a year.

The research has been carried out as part of the BFFF’s Frozen Food Revolution campaign, which aims to inform, educate and engage consumers about the benefits of frozen food, and coincides with Frozen Food Week (13–19 October).

In a survey by consumer insight platform Vypr, commissioned by the BFFF, more than half of UK adults (51%) said the rising cost of fresh fruit and vegetables has made it harder for them to reach their 5-a-day. The BFFF has said it was using the campaign to highlight that frozen food makes nutritious diets available more affordably, making it easier for everyone to eat well.

As well as typically being cheaper, frozen food has the advantage of lasting far longer than fresh, meaning it can be used exactly when needed, reducing food waste and making household spend go further. Freezing also “locks in” key vitamins and minerals that naturally degrade in chilled produce from the moment it is picked.

For example, scientific studies have found that chilled spinach retains just 20% of its vitamin C content after 7 days, whereas almost 80% is retained following the freezing process, and it takes a year for this to fall to 50% retention[i].

Rupert Ashby, Chief Executive of the British Frozen Food Federation, said: “A healthy diet plays a huge part in the nation’s wellbeing, both physically and mentally. But for too many families, the rising cost of fresh food has put good nutrition out of reach.

“These figures show just how much of a difference frozen fruit and vegetables can make. Not only is frozen fruit and vegetables every bit as nutritious – and in some cases even more so – but they are significantly more affordable and far less likely to end up wasted. Frozen food really is a win-win for health, happiness and household budgets.”

Separate research, published in Nomad Foods’ Frozen in Focus report, shows the savings could be even higher for those who use their freezer space efficiently. Almost a fifth of consumers believe they could save around £6-10 per week if they knew what was in their freezer. That’s a yearly saving of around £530 a year.

More details are available here: https://bfff.co.uk/frozen-food-revolution/.

[i] A comparison of the vitamin C content of fresh and frozen vegetables, D.J. Favell, Unilever Research, Colworth Laboratory, Sharnbrook, July 1997.

Member Benefits

Exclusive Partnership deals on key products and services:

  • BFFF energy deals and rates
  • Vypr member deals and introduction
  • Defib Plus deals
  • Company Shop – membership
  • Mentor – MHE training health check

Exclusive access to networking opportunities and events:

  • Meet the Buyer events (retail & foodservice)
  • Annual Business Conference with networking dinner
  • Specialist H&S and Technical Conferences
  • Special interest groups (packaging, frozen food temperatures)
  • Annual Lunch
  • Awards Night
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Sponsorship Packages

We offer a range of sponsorship opportunities to BFFF members across our events throughout the year, with flexible packages that can be tailored to suit your business objectives.

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what our members say...
  • Wakefield Council

    “What an amazing piece of work and indicative of how BFFF respond to the concerns of their members and make an impact on the whole industry sector.”

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  • Sysco

    “You guys really ‘Do The Right Thing’ for the good of the industry”

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  • Darta

    “The BFFF awards night is becoming an “appointment not to miss” on our calendar and we again enjoyed it immensely together with lots of well-known people from our industry. The…

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  • Kantar Worldpanel

    “The Business Conference was an excellent day that was very well organised and allowed so many likeminded individuals in the room to learn so much more around the Frozen industry….

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  • Lakeside Food Group Ltd

    “This Not For EU labelling situation alarmed us and quickly became a major worry to our business. These are times when you really rely on some support and from previous…

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  • Meadow Vale Foods Limited

    “We had a few questions with respect to the new EPR waste packaging legislative changes. I know some of my colleagues have been assisted by BFFF in the past so…

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