If your business holds a UK trade mark created from an EU registration after Brexit, 2026 is a useful time to review how that mark is being used and what evidence you hold.
A comparable UK registration does not automatically disappear because a date has passed. However, a lack of genuine UK use may leave it vulnerable to a non-use challenge and affect your ability to rely on it in a dispute.
What is a comparable UK trade mark?
On 1 January 2021, the UKIPO created comparable UK rights from existing registered EU trade marks. These are separate UK registrations, with their own renewal and management requirements.
Why does UK use matter in 2026?
The transitional rules allow EU use before 1 January 2021 to be considered where it falls within the relevant five-year period. Use in the EU outside the UK after that date does not count as UK use for this purpose.
For a five-year period falling wholly after the transition, pre-2021 EU use will therefore no longer assist. The assessment depends on the relevant dates, the goods or services concerned, the nature of the use and any proper reasons for non-use. It is not simply a question of whether the business has made any sale somewhere in Europe.
What should you review?
- Identify comparable UK registrations within your portfolio.
- Check which protected goods and services are genuinely used in the UK.
- Keep dated evidence showing the mark, the relevant products or services and the UK activity.
- Review who owns the mark and who uses it, including group companies and licensees.
- Consider whether the registrations still match your commercial plans.
Invoices, packaging, advertising and sales records may help build an evidence picture. Their value depends on what they demonstrate when considered together.
Seek advice before a challenge becomes urgent
If you are planning to oppose another application, enforce your rights or respond to a non-use allegation, obtain advice on the relevant registration and evidence. Do not assume that a registration is automatically unenforceable, or that its presence on the register resolves every issue.
MW Trade Marks can review your trade mark portfolio, assess your UK and international protection, and advise on disputes and enforcement.
Contact us to discuss your comparable UK trade marks.
Guidance reviewed 26 September 2026. General information; the position depends on the circumstances of each registration. Source: UKIPO guidance on comparable UK trade marks.