If you own a Brexit-cloned trademark, 2026 changes what proof of use counts. Renew your comparable UK trademark at the UKIPO separately, and be ready to show use in the United Kingdom. Use in the European Union alone no longer protects the United Kingdom registration. Treat the United Kingdom and the European Union as separate portfolios, audit evidence by class and item, and decide deliberately whether new trademarks need one filing or two.
What exactly changed for comparable UK trademarks in 2026?
A comparable UK trademark is a standalone United Kingdom registration that was created on 1 January 2021 from every EU trademark (EUTM) registered before the end of the Brexit transition. UKIPO guidance let owners rely on use in the European Union made before 1 January 2021 when defending a comparable UK trademark against non-use, but only while that use fell inside the relevant five-year window. Because every five-year window now starts after Brexit, from 1 January 2026 only genuine use in the United Kingdom counts.
Your comparable UK trademark now depends on activity in the United Kingdom. That affects how you defend against non-use revocation and how you prepare evidence files for oppositions and enforcement.
Are renewals and non-use the same issue?
No. Renewal is an administrative step with the UKIPO. Non-use is a substantive vulnerability that can end rights even if you renewed. In 2026 you must handle both, but they are different:
- Renewal: file and pay at the UKIPO. It is separate from any EUIPO renewal of the original EUTM. One renewal does not cover the other.
- Non-use: prepare to prove genuine use in the United Kingdom for the registered goods and services during the relevant five-year window. From 1 January 2026, evidence from the European Union alone no longer helps.
Owners often blur these. Renewing the EUTM and the comparable UK trademark keeps both on the register, but the United Kingdom registration can still be revoked if you cannot prove use targeted at the United Kingdom for the listed items.
What does a renewal in the United Kingdom cost?
The UKIPO renewal fee is £245 for the first class and £60 for each further class. The comparable UK trademark keeps the renewal date of the original EUTM, so the United Kingdom renewal falls due in the same month as the European Union one. Renewing late, in the six months after expiry, carries a surcharge on top. Our trademark renewal service covers the UKIPO filing, the fee, and the docketing; the EUTM renewal is priced separately because the EUIPO charges its own fee.
What counts as genuine use in the United Kingdom now?
You need evidence that shows genuine commercial exploitation in the United Kingdom for the goods and services on your registration. Examples we rely on in practice include:
- Sales and invoices to addresses in the United Kingdom, with dates, SKUs, and totals
- Shipping manifests and import entries to the United Kingdom
- Ads, campaigns, and media buys targeted at the United Kingdom, including geotarget settings
- Retailer listings or marketplace pages in the United Kingdom that show the trademark, price, and availability to consumers there
- Website analytics filtering visitors, conversions, and revenue from the United Kingdom
- Event materials for trade shows or pop-ups in the United Kingdom where the goods were sold or the services offered
Tie every exhibit to the specific items in your specification. If you only sell two SKUs in Class 25, do not assume that proves use for a broad clothing list. Narrow proof supports narrow coverage.
Practical point from our files, anonymized. A European apparel brand had steady sales in Germany and France but shipped to the United Kingdom only via a single website for the whole European Union. In a 2025 opposition, that European Union footprint helped. In 2026, it would not. We rebuilt the record with Shopify analytics filtered to buyers in the United Kingdom, Royal Mail labels, and paid social campaigns targeted to United Kingdom audiences. That kept the United Kingdom registration safe against a later non-use attack.
How should I plan the five-year use window?
The non-use clock for a United Kingdom registration is five years, and comparable UK trademarks carry their own use history. Until 31 December 2025, many owners leaned on proof of use in the European Union for the comparable UK trademark. From 1 January 2026, plan around proof of use in the United Kingdom alone in that five-year period. Two tips:
- Build a United Kingdom evidence file every quarter. Save clean PDFs. Label by class and item.
- Map proofs to dates. A simple index with date, medium, and product avoids last-minute scrambles.
If your activity in the United Kingdom is thin for some items, consider whether to refile with a leaner specification that matches your trade there, or prepare to defend partial revocation.
Avoiding the Dual-Filing Traps in 2026
Treat the United Kingdom and the European Union as two portfolios. That means:
- Separate renewal calendars. Renew the comparable UK trademark at the UKIPO and the EUTM at the EUIPO on their own timetables.
- Separate use strategies. Build proof of use in the United Kingdom for the United Kingdom registration, and proof of use across the European Union for the EUTM.
- Align or narrow specifications. Keep what you can support with use. Do not carry bloated lists that invite non-use attacks.
- Separate watching and enforcement. Infringement, oppositions, assignments, and address changes are independent on each register.
When should you keep both? If you trade with customers in the United Kingdom and in the European Union, keep both. When might you trim the comparable UK trademark? If you never shipped or offered the service in the United Kingdom and have no plan to start, continuing to renew a broad United Kingdom list has more downside than upside. Trim, refile with a realistic spec, or drop non-core classes.
Were all EUTMs cloned?
No. Only EUTMs that were registered before the end of the transition on 1 January 2021 were cloned automatically into comparable UK trademarks. Pending EUTM applications were not cloned. There was a nine-month refiling route in the United Kingdom in 2021 to keep the earlier European Union date, but that window is closed. If you missed it, the United Kingdom filing date is whatever you filed nationally. Comparable UK trademarks carry a United Kingdom registration number that starts "UK009" followed by the EUTM number, which makes them easy to spot in a portfolio list.
New trademarks after Brexit: one filing or two?
For anything you file now, there is no cloning. You choose the coverage. Four options:
- United Kingdom plus EUTM (dual filing). Best for businesses selling to customers in both the United Kingdom and the European Union. Two applications, two fees, two renewal dates, and two independent registrations, so a problem with one never touches the other. Our United Kingdom trademark service and EU trademark service can be filed together and managed by one team.
- EUTM only. Best when you have no sales and no plans in the United Kingdom. If you want the United Kingdom later, you file fresh and get a fresh date.
- United Kingdom only. Best for a business that trades only in the United Kingdom. One application, one fee, and one renewal date, so it is the simplest to manage.
- WIPO's Madrid System (the Madrid Protocol). Best when you are filing in several countries beyond the United Kingdom and the European Union. One international application can cover the United Kingdom, the European Union, and other member countries, with central renewal through WIPO, but the international registration depends on your home trademark for five years.
Government fees for the two direct routes:
| Route | 1 class | 3 classes |
|---|---|---|
| UKIPO filing | £205 | £325 (£205 + 2 x £60) |
| EUIPO filing | €850 | €1,050 (€850 + €50 + €150) |
| Dual filing | Both of the above | Both of the above |
The fees for an international application are set by WIPO in Swiss francs and depend on which countries and regions you choose, so price your specific list before choosing that route.
Priority still works between the United Kingdom and the European Union. Both are Paris Convention members. File in one and claim priority in the other within six months, and your earlier date is preserved in the second office.
When Each Strategy Makes Sense
| Scenario | Recommended strategy |
|---|---|
| E-commerce selling to UK and EU customers | Dual filing (UK + EUTM) |
| UK-based startup planning EU expansion | UK now, EUTM when expanding (claim priority inside six months) |
| EU company with no UK sales | EUTM only |
| Global brand, five or more countries | International Trademark Application via WIPO |
| UK-only brick-and-mortar business | UK only |
| Acquired brand with an existing EUTM | Verify the comparable UK trademark exists and who owns it |
A 2026 Action Plan You Can Run This Month
Here is the plan we give clients who own comparable UK trademarks.
1) Confirm your portfolio
- List every comparable UK trademark by number, owner, and classes.
- Pair each with its corresponding EUTM, but treat them as independent records.
2) Split the calendars
- Create UKIPO renewal reminders separate from EUIPO reminders.
- Note grace periods and late fees for each office in your internal SOPs.
3) Build a United Kingdom evidence bank
- Quarterly, capture invoices, shipping, and analytics filtered to the United Kingdom.
- Save proof per class and item. Keep a simple index.
4) Tidy the specs
- Flag any goods or services with thin activity in the United Kingdom.
- Consider a fresh United Kingdom filing with a tighter scope that fits your trade.
5) Police both registers
- Set up watching for conflicting filings in the United Kingdom and the European Union.
- Use demand letters and oppositions promptly where risk is highest.
How We Help
We are an attorney-led team, and we have worked on trademarks since 2016. Our experienced attorneys manage trademarks in the countries and regions where you trade, and we build evidence files that stand up at the UKIPO and the EUIPO. If you want a United Kingdom renewal done right and a clean use audit tied to your exact classes, we will do both on one brief. Start your United Kingdom renewal, or read our United Kingdom country guide for the wider filing rules.
Related reading
- EU Trademark Renewal: EUIPO Deadlines, Grace Periods, and Costs
- How to Register a UK Trademark: Complete 2026 Guide
- Trademark Monitoring and Enforcement: Protecting Your Brand After Registration
Frequently Asked Questions
What is a comparable UK trademark, and how did it arise from Brexit?
It is a standalone United Kingdom registration that was created on 1 January 2021 for each EUTM that was registered before the end of the transition. It mirrors the European Union record but is governed entirely by United Kingdom law and UKIPO practice going forward.
Does my EUTM still protect me in the United Kingdom in 2026?
No. EUTMs no longer extend to the United Kingdom. Protection there exists via your comparable UK trademark, if one was created, or via a separate national filing in the United Kingdom.
Do I need to renew the comparable UK trademark separately from my EUTM?
Yes. Comparable UK trademarks are independent and must be renewed at the UKIPO separately from the EUTM at the EUIPO. Paying one office does not renew the other. The UKIPO fee is £245 for the first class and £60 for each further class.
From 1 January 2026, can I still rely on use in the European Union to defend my comparable UK trademark from non-use revocation?
No. From that date, use in the European Union no longer counts for comparable UK trademarks in a non-use analysis. You will need genuine use in the United Kingdom within the relevant five-year period.
What kinds of evidence can show genuine use in the United Kingdom?
Sales targeted at the United Kingdom, invoices and shipping records to addresses there, advertising and promotions focused on the United Kingdom, marketplace listings for the United Kingdom, and website analytics evidencing consumers there are all useful. Activity that is not targeted, or that takes place only in the European Union, may be insufficient without clear targeting of the United Kingdom.
What happens if I never used the trademark in the United Kingdom after Brexit?
From 1 January 2026, a comparable UK trademark with no qualifying use in the United Kingdom in the five-year window faces heightened non-use revocation risk or trimming of its coverage. Consider a use audit, a refiling with a tighter specification, or a plan to begin trade in the United Kingdom tied to the listed items.
Is dual filing expensive?
The government fees are £205 at the UKIPO and €850 at the EUIPO for one class each. For a brand that sells to customers in both the United Kingdom and the European Union, that is a modest cost for coverage across 28 countries.
