What is the current “use” position for comparable UK trade marks?
Comparable UK trade marks are marks that were automatically created on 1 January 2021 as a result of Brexit: when the UK left the EU, the UK Intellectual Property Office (UKIPO) created standalone comparable UK trade marks for all European Union Trade Marks and International Trade Mark registrations designating the EU that were registered and protected before 1 January 2021. These were recorded on the UK trade mark register, retained the filing and priority dates of the corresponding EU marks and have the same legal status as if the marks had been registered under UK law.
Trade mark owners have five years from registration to bring their trade marks into use. After this, a trade mark registration can be revoked if the mark has not been used for its goods and/or services and there are no qualifying reasons for non-use.
Right now, owners of comparable UK trade marks can rely on genuine use made of their marks in the EU up until the end of 2020 for the purposes of defending a non-use revocation action and proving genuine use in the context of enforcement. Where the relevant five-year period includes any time after 1 January 2021, use of the comparable UK mark must have been in the UK, i.e. use in the EU outside of the UK will not be taken into account by the UKIPO to maintain and enforce their registrations. So, effectively, you can rely on UK or EU use up until end 2020; after that, you can only rely on UK use.
What is changing?
However, from 1 January 2026, this is changing: EU use will no longer serve to defend a UK comparable trade mark. From this date, comparable UK trade marks that have not been put to genuine use in the UK risk being vulnerable to revocation on the grounds of non-use and therefore essentially risk becoming unenforceable.
What does this mean for you, as a brand owner?
This change is very important for brand owners who have never used their trade marks in the UK during the past five years and have instead relied on EU-use to support their comparable marks. As a brand owner, from 1 January 2026, your comparable UK trade mark could be successfully revoked for some, or all, of the goods and/or services for which it is registered and you will not be able to successfully rely on your comparable UK trade mark in enforcement proceedings before the UKIPO, such as in oppositions.
How can we help?
We can work with you to review your trade mark portfolio and consider your use position in the UK. If it is commercially viable, now is the time to act by beginning or resuming genuine use of your comparable trade marks in the UK. If your comparable UK trade mark is not aligned with your commercial activity in the UK, then you could consider letting it lapse at its next renewal date.
We would also recommend reviewing your enforcement strategy to ensure that you have the appropriate rights in place, bearing in mind that your comparable UK trade marks will become vulnerable to non-use revocation attack from 1 January 2026 if they have not been used in the UK.
You could consider filing a new UK trade mark application if you have a legitimate commercial rationale to do so, for example, if your mark has evolved over time and/or if a different set of goods and/or services are of interest.
If you would like discuss your comparable UK trade marks, then please get in touch with our team of UK Chartered Trade Mark Attorneys who can help you devise a strategy ahead of the 1 January 2026 date.
