UKIPO changes: Key takeaways for trade mark owners
In the last few months, the UK Intellectual Property Office (UKIPO) has issued a transformative practice update that will impact upon the scope of UK Trade Mark protection. This will affect the Trade Mark rights that can be secured, the way those rights will be managed and enforced, as well as the official fees that must be paid. A separate review is underway that will impact Designs, and we will report on that once it is released.
Some aspects of the proposed changes are already in place, and others will come into play within the next 18 months, as explained in more detail below.
Index
- Increases in the official fees at the UKIPO
- Abolishing Series Trade Marks
- Launching Digital Access and Public Transparency
- Bad Faith Threshold Tightened
- End of EU Use being relevant for UK Comparable Rights
- Allowing Partial Replacement of UK Trademarks
- Summary and Implications for Trademark Owners
Increases in the official fees at the UKIPO
Effective from 1 April 2026, the UKIPO official fees are increasing across all areas of IP, including Trade Mark filing and prosecution. See this link: Intellectual Property Office fees to increase from April 2026 – GOV.UK This will inevitably increase the overall costs of applications, recordals and renewals.
Abolishing Series Trade Marks
Within the next 18 months, there will be a phasing out of the “series” filing option, which allowed applicants to file up to six similar Marks (e.g., logo in different colours) under one application and fee. Critics highlighted the provision created frequent invalid applications and added complexity at the examination stage. However, the ‘old’ system provided significant benefits; under the practice to date, a valid series affords a broad scope of protection at a much lower cost than filing separate applications, which will be the only option going forwards.
Launching Digital Access and Public Transparency
As part of a broader IP digital overhaul, the UKIPO is enhancing digital access:
- The One IPO Search Tool: This was launched in January 2025 for Patents and will extend to include Trade Marks and Designs, allowing users to search across all IP assets with greater ease.
- Online Public Document Access: Trademark and Design documents (e.g., examination reports and submissions) will be made accessible online. It is not yet clear whether this will only be post-Publication of an Application, so as to correspond to practice at the EUIPO. In any event, applicants will be able to request confidentiality over documents or parts of documents.
- The UKIPO intend to pilot mediation sessions for unrepresented parties, aiming to resolve Trade Mark disputes more efficiently and cost-effectively. However, the obvious benefits of being represented by a qualified Trade Mark attorney cannot be underestimated.
Bad Faith Threshold Tightened
The ruling in the Supreme Court case of Sky v Skykick in late 2024, determined that Trade Marks filed with overly broad specifications without genuine intention to use them can be considered bad faith, rendering them at least partially invalid.
This decision led to the UKIPO issuing updated guidance in June 2025, with immediate effect, advising Trade Mark Examiners to:
- Object to manifestly broad specifications i.e. filing for all 45 Classes, or for all goods in Class 9.
- Require commercial justification if an applicant includes broad terms without further specifying what is intended to be covered i.e. the broad terms, “computer software,” or “clothing,”
- If an objection is raised, an applicant will be given the usual two-months within which to justify the specification filed or amend it to conform to the new practice standard.
End of EU Use being relevant for UK Comparable Rights
After Brexit, EUTMs and International Registrations designating the EU automatically became UK ‘comparable’ Registrations. As of 1 January 2026, only genuine use in the UK is now recognised, and use of a Trade Mark in the EU will cease to qualify as being valid evidence of use in any UK proceedings.
This shift places UK holders of ‘comparable’ Marks (derived from EUTMs) at higher risk of revocation if their Mark hasn’t been actively used in the UK market within the relevant 5-year period. As such, businesses are advised seek our advice as to how to regularly:
- Audit their Trade Mark portfolios
- Ensure their Trade Marks are in use in the UK, and be ready to evidence this
- Keep good records of relevant use, or details of exceptional circumstances as to why use in the UK was prevented.
Allowing Partial Replacement of UK Trademarks
Effective as of November 2024, partial replacement of UK Trade Marks with International (Madrid) System registrations is permitted, even if the latter only cover a subset of goods/services. Previously, full coverage was required.
This flexibility means Trade Mark owners can streamline their portfolio by replacing UK rights with International Registrations, whilst retaining UK protection for other goods not covered by the IR.
Summary and Implications for Trademark Owners
The recent developments mark a clear shift toward modernisation, transparency, and rigor in UK Trade Mark practice. Whether you’re an IP specialist, business owner, or brand manager, here are a few key takeaways:
- Act now: Ensure EU use is supplemented with genuine UK use, and be ready to evidence this.
- Consider how to modify Trade Mark filing strategies before the UKIPO in anticipation of the series option disappearing.
- Be precise: File applications with focused, commercially justifiable specifications to avoid UKIPO objections.
- Leverage the Madrid System: Use new flexibility to streamline international filings while retaining necessary UK protection.
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