UK IPO non-use evidence changes and fee increases from 2026

From 1 January 2026, use in the EU will no longer count towards genuine use of or reputation in a UK cloned trade mark registration. From 1 April 2026, UK IPO official fees will increase.

UK IPO cloned registration evidence changes from 1 January 2026

On 1 January 2026 it will be five years and 1 day since the UK left the EU, and since EU trade mark rights were cloned on mass into comparable UK trade mark registrations. From this date, owners of UK cloned registrations will no longer be able to rely on use of their mark within the EU as evidence to substantiate genuine use of and/or a reputation in a UK registration.

While the value of EU evidence has been continuously diminishing the further we have moved away from Brexit day, it is still worth considering this final cut-off date.

UK cloned registrations that have not been used at all in the UK in the five years from 1 January 2021 to 1 January 2026 will immediately become vulnerable to non-use cancellation proceedings and/or will not be able to be safely relied upon in opposition or cancellation proceedings against third parties (where proof of use could be requested). Cloned registrations that have only been used in the UK in relation to certain goods or services will be at risk of partial cancellation.

If the UK market is of interest for such marks, right owners should consider commencing use of the cloned mark in the UK as soon as commercially feasible (with such use being genuine commercial use seeking to create a real and effective market share and customer base in the UK).

Further, if there have been updates to the mark (such as amended stylisation and/or a new logo) or its intended scope of goods and services, new UK trade mark applications should be considered.

UK IPO fee increases from 1 April 2026

In another UK IPO practice update, the UK IPO has announced that it will be increasing official fees for trade marks, designs and patents from 1 April 2026, subject to parliamentary approval.

Fees will increase by an average of 25% across the various IP rights and various fee-paying actions. While this seems high, the IPO’s fees have not increased in over 7 years for designs and patents, and not since 1998 for trade marks. The IPO is now facing increasing cost pressures, and UK official fees are also still relatively low compared to IP registries in many other jurisdictions.

Official fees are due at various stages of the IP right cycle, including on filing trade marks and other IP rights, when opposing or applying to cancel third party rights, when recording changes of ownership, and when renewing registrations. So these fee increases will be felt across the board.

Some example trade mark fee increases are provided below:

• Filing a UK trade mark application online in 1 class: currently £170, will become £205
• Filing a notice of opposition on likelihood of confusion grounds only: currently £100, will become £125
• Recording a change of ownership: currently £50, will become £60
• Renewing a UK trade mark application online in 1 class: currently £200, will become £245

The IPO has confirmed it will publish further guidance early next year to help customers whose fees may be due around the time of the planned changes. Current fees will remain until 1 April 2026.

If you have any questions or would like to discuss any of the above, please get in touch with Laura Tennant or Amy Salter, or another member of the Burges Salmon IP team.

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