Comparable UK marks in 2026: keep territorial use evidence

Event/topic date: 2026-01-05. Retrospective prepared and sources reviewed on 13 November 2026.

Comparable UK rights created from EU trade marks are independent rights. Use must be assessed against the relevant period. The official transitional rules recognise EU use before 1 January 2021; later use outside the UK does not replace use in the UK.

What businesses should review

For a 2026 portfolio review, compare the registration, last actual use and planned UK products. The change of year does not automatically remove a registration. Before an opposition or infringement claim, assess whether the right can withstand a use challenge.

Four practical examples

The following scenarios are illustrative examples, not reports of client matters.

EU sales only

A manufacturer produces only German invoices from 2023. Build a separate UK evidence file showing customers, delivery territory, dates and products. The EU material remains relevant to the EU right, but should not be presented as proof of UK trade.

Sales by a licensee

A licensee sells the products in the UK. Collect invoices, packaging and the authority to use the mark together. Agree who will supply evidence in a dispute and check which version of the mark was actually used.

Only part of the range

A mark covers many products but is used only for workwear. Organise evidence by product group. A single turnover figure does not show which registered goods were actually sold under the mark.

New UK campaign

A planned campaign is a reason to review the portfolio, not a substitute for historical use evidence. Assess earlier use, current conflicts and the filing strategy before launch.

Next step

Gather register extracts, existing correspondence and the planned changes. Identify the rights, products and dates actually affected. Tell us about your matter; scope and fees are agreed before instructions are accepted.

Official source

Official publication on this topic