Use it or lose it: changes to UK comparable UK trade marks from 1 January 2026

As we approach the five-year mark since the end of the Brexit transition period, there’s an important update for trade mark owners to be aware of. From 1 January 2026, the rules around UK comparable trademarks are changing – and if your mark isn’t being used in the UK, it could be at risk, writes Sally Mason, Senior Trade Mark Paralegal, Birketts LLP.

Sally Mason. Courtesy – Birketts.

What are UK comparable trade marks?

When the UK left the EU, it created UK comparable trade marks for all EUTMs and International Registrations (IRs) designating the EU that were registered by 31 December 2020. These were copies of the EU rights, carrying over the same filing, priority, and seniority dates, but they are now standalone UK rights, governed by UK law.

What’s changing?

Up until now, use of a mark in the EU (particularly before 2021) could still support your UK comparable right. That transitional period ends on 1 January 2026. From that date, only genuine use in the UK will count when defending your mark in revocation or opposition proceedings. If your mark hasn’t been used in the UK since it was created, it could be vulnerable to revocation for non-use.

Why it matters

This shift could have real consequences for businesses that haven’t yet established a presence in the UK. Without UK-based use, your mark could:

• be vulnerable to revocation for non-use
• lose strength in opposition or enforcement actions
• lose priority dates that could otherwise block later filings.

What to do now

To stay protected, it’s worth taking a few steps before the deadline:

• review your portfolio – identify any UK comparable marks that haven’t been used in the UK since 2021
• establish UK use – make sure your mark is being used in the UK in the normal course of trade keep records – document UK-based use (e.g., sales, advertising, packaging, distribution)
• get advice – if use hasn’t been possible due to exceptional circumstances, there may be options.

Time for action

The key message is simple: from 2026, UK comparable marks need to stand on their own. If you haven’t already, now’s the time to make sure your marks are in active use in the UK.

If you’d like help reviewing your portfolio or putting a strategy in place, feel free to contact Birketts’ Branding and Trade Marks Team. Call Sally on +44 1603 756552 or email her: sally-mason@birketts.co.uk

Sally Mason