Trademark Registration in the UK (2026): Latest Rules Post Brexit

23 Feb

Nimisha Thomas | IP Attorney - Corporate IP lawyer

Trademark Registration in the UK (2026): Latest Rules Post Brexit

The United Kingdom’s trademark system has undergone significant changes since Brexit. Following the United Kingdom’s exit from the European Union, its trademark system now functions entirely independently from the EU framework. As of 2026, businesses seeking brand protection in the UK must comply with domestic rules administered by the UK Intellectual Property Office (UKIPO). An EU trademark registration no longer provides automatic protection within the UK, making it necessary for brand owners to assess their filing and enforcement strategies separately for each jurisdiction.

Before Brexit, companies could obtain protection across all EU member States, including the UK, through a single EUTM registration filed with the European Union Intellectual Property Office (EUIPO). When the transition period ended, EU trademarks ceased to extend to the UK. To prevent disruption to existing rights, the UK government automatically created “comparable UK trade marks” for all EUTMs that were registered as of 31 December 2020.These comparable rights often referred to as “cloned trademarks” were created automatically without any re-filing requirement or additional official fee. Each comparable UK mark retained the same filing date, priority date, and seniority claims as the corresponding EU registration but became a fully independent UK national right governed exclusively by UK law.

It is important to clarify that only registered EUTMs were cloned into comparable UK registrations. EU applications that were still pending on 31 December 2020 were not automatically converted. Applicants were instead given a nine-month period, ending on 30 September 2021, to file a corresponding UK application while preserving the earlier EU filing date. After that deadline, new applications must follow standard UK filing procedures without any special transitional benefit.

A particularly important development has taken effect from 1 January 2026 regarding the requirement of genuine use. Under UK law, a trademark may be revoked if it has not been genuinely used in the United Kingdom for a continuous period of five years. During the initial post-Brexit transition, use of a mark within the EU could, in certain limited circumstances, be considered when assessing non-use of a comparable UK registration. From 1 January 2026 onward, EU-only use is no longer sufficient to maintain a comparable UK trademark. To defend against revocation for non-use, trademark owners must now demonstrate genuine commercial use within the UK market. While EU use that occurred before the end of 2020 may still be relevant when assessing earlier periods, ongoing reliance solely on EU trade will not sustain a UK registration going forward.

Applicants should also take note of revised fee structures introduced in 2026. The UKIPO has implemented increases in filing, renewal, and certain procedural fees effective from April 2026. These revisions are intended to align official charges with administrative costs and improvements in digital services.

From a strategic perspective, the UK must now be treated as a separate territory from the European Union. Businesses operating across Europe frequently pursue parallel filings, one before the UKIPO for UK coverage and another before the European Union Intellectual Property Office (EUIPO) for EU member states. Alternatively, applicants may designate the UK through the Madrid Protocol system, though this ultimately results in a national UK registration subject to UK law and use requirements.

In practical terms, trademark owners particularly those holding comparable UK rights derived from earlier EU registrations should review their portfolios carefully. Maintaining evidence of genuine use within the UK is essential. Documents such as sales invoices, marketing materials, website analytics targeting UK consumers, packaging, and distribution records can be crucial if a registration is challenged.

In summary, the UK trademark system in 2026 reflects a fully independent legal framework shaped by Brexit. While transitional measures initially protected EU-based rights, through automatic cloning, the system now operates on a strictly territorial basis. Genuine commercial use within the UK has become central to maintaining protection, and businesses must adopt a jurisdiction-specific strategy to safeguard their brands effectively in both the UK and the European Union.