Use of comparable UK trademarks in the UK market: what changes from 1 January 2026.

With the end of the transitional phase, from 1 January 2026 use of the trademark within the EU will no longer count as proof of use for comparable UK trademarks. Owners will need to demonstrate genuine use in the United Kingdom to avoid revocation. Here are the key changes, associated risks and recommended actions.

As a consequence of Brexit, on 1 January 2021 European Union Trademarks and International Trademark registrations designating the EU (EUTMs) were automatically recorded into the UK Intellectual Property Office, creating what are commonly referred to as "comparable UK trademarks".

These new registrations retained the filing date and the history of the EUTMs, but fully became UK trademark registrations.

1 January 2026 marks a key deadline: from this date, use of the trademark in the territory of the EU before 1 January 2021 will no longer be taken into account to avoid revocation of a comparable UK trademark. It will be necessary to demonstrate genuine use specifically in the United Kingdom.

The proof-of-use Rule: Five Years to Demonstrate Use

Both EU and UK trademark Laws – similar to most national regulations worldwide – provide that a registered trademark can be revoked, in whole or in part, upon a third party's request, if it has not been genuinely used within five years from the registration or, subsequently, if the use is discontinued for an uninterrupted period of five years, unless there are proper reasons for non-use.

The Transitional Phase (2021 – 2025)

Until 31 December 2025, holders of comparable UK trademarks have been able to :

1. rely on genuine use of the trademark within the European Union territory prior to January 1, 2021 ;
2. use such evidence to avoid revocation of a comparable UK trademark, even in the absence of direct use in the United Kingdom.

In other words, use in the EU before 1 January 2021 was taken into account to prevent the revocation of the comparable UK trademark, even in the absence of specific use in the UK.

End of Recognition of Use in the EU from 2026

As of 1 January 2026 - five years after EUTMs ceased to have effect in the UK:

1. use in the EU will no longer be taken into account as proof of use of a comparable UK trademark;
2. the comparable UK trademark may be revoked if genuine and effective use in the United Kingdom cannot be demonstrated.

What changes for Owners of Comparable UK Trademarks

From a practical point of view, we strongly advise owners of comparable UK trademarks to verify:

1. Whether their trademarks are currently being used in the United Kingdom territory;
2. Whether this use covers all the goods and/or services of commercial interest for which the mark is registered.