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ARTICLE · 07 NOVEMBER 2025

Use It Or Risk Losing It: Upcoming Changes Facing Owners Of Comparable UK Trade Marks

Boult Wade Tennant LLP
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Comparable UK trade marks are marks that were automatically created on 1 January 2021 as a result of Brexit: when the UK left the EU, the UK Intellectual Property Office...

European UnionIntellectual Property
Emily Scott
Emily Scott
Nicola Ivey
Nicola Ivey
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What is the current “use” position for comparable UK trade marks?

Comparable UK trade marks are marks that were automatically created on 1 January 2021 as a result of Brexit: when the UK left the EU, the UK Intellectual Property Office (UKIPO) created standalone comparable UK trade marks for all European Union Trade Marks and International Trade Mark registrations designating the EU that were registered and protected before 1 January 2021. These were recorded on the UK trade mark register, retained the filing and priority dates of the corresponding EU marks and have the same legal status as if the marks had been registered under UK law.

Trade mark owners have five years from registration to bring their trade marks into use. After this, a trade mark registration can be revoked if the mark has not been used for its goods and/or services and there are no qualifying reasons for non-use.

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