UKIPO 2026: Higher Fees, Stricter Rules, and a Hard Deadline for EU Trade Mark Holders

By Abhishek Chandok and Priyanka Gambhir

The UK Intellectual Property Office (UKIPO) has announced a series of significant changes that will reshape trade mark protection in the United Kingdom. These updates — spanning fee increases, procedural reforms, and policy clarifications — will directly affect how trade marks are filed, managed, and enforced. Some measures are already in effect; others will be phased in over the coming months.

1. Official Fee Increases from 1 April 2026

   From 1 April 2026, the UKIPO has raised official fees across all areas of intellectual property, including trade mark filing, prosecution, and renewal. The cumulative effect across an active portfolio — covering new applications, class additions, renewals, and any opposition or cancellation proceedings — will be material. Brand owners managing multiple marks across multiple classes should revisit their renewal and filing strategies and budget accordingly.

2. Abolition of Series Trade Mark Filings

   Within the next 18 months, the UKIPO will phase out series trade marks — a mechanism permitting registration of up to six mark variations under one application. Going forward, each variation will require a separate application, increasing costs but streamlining examination and reducing disputes over validity.

   What Is a Series Mark? A series registration allows multiple versions of a mark sharing the same distinctive element — such as a wordmark in different typefaces, or a logo in black-and-white and colour — to be registered together under one fee. The UKIPO has concluded this mechanism gives rise to an unacceptable rate of invalid applications and overly broad protection.

   If your brand strategy relies on protecting multiple visual variants of a mark, consider filing series applications before the window closes. Once abolished, individual filings will be the only route — at a commensurately higher cost. Audit existing series registrations, identify assets requiring multi-variant protection, and adjust filing budgets accordingly.

3. Digital Access and Public Transparency

   As part of a wider modernisation programme, the UKIPO is rolling out digital improvements to improve access to the register and streamline dispute resolution:

   • The One IPO Search Tool, launched in January 2025 for Patents, will extend to Trade Marks and Designs, enabling unified search across all IP rights.
   • Examination reports and submissions will become publicly accessible online, subject to confidentiality requests — requiring applicants to draft submissions with greater care.
   • A mediation pilot for unrepresented parties will aim to resolve trade mark disputes more efficiently and cost-effectively.

4. Bad Faith: A Tightened Threshold

   One of the most significant doctrinal shifts follows the UK Supreme Court’s landmark judgment in Sky Ltd v SkyKick UK Ltd [2024]. The Court confirmed that trade marks filed with overly broad specifications — where the applicant had no genuine intention to use the mark across all goods and services claimed — can be found to have been filed in bad faith, rendering them at least partially invalid.

   Sky Ltd v SkyKick UK Ltd [2024] — Landmark Ruling The UK Supreme Court confirmed that filing for broad specifications without a genuine intention to use the mark across all claimed goods and services may constitute bad faith. Updated UKIPO examination guidance took effect in June 2025, directing examiners to object to manifestly overbroad specifications and to require commercial justification for broad terms such as “computer software” or “clothing.”

   Existing registrations with wide, unchallenged specifications are now more vulnerable to third-party cancellation actions. All new applications should be drafted with commercially justifiable, focused specifications. Where broad coverage is genuinely required, applicants should be prepared to evidence commercial intent at the examination stage within the standard two-month response period.

5. End of EU Use for UK Comparable Rights

   From 1 January 2026, only genuine use in the UK will count toward maintaining UK comparable rights — those UK registrations automatically generated from EU trade marks at Brexit. Use in the EU will no longer qualify as evidence in UK proceedings. Holdings derived from EUTMs now face heightened revocation risk if genuine UK use cannot be demonstrated within the relevant five-year period.

   Brand owners should act immediately:

   • Audit all comparable UK rights and assess whether genuine UK use has been established and can be evidenced.
   • Where UK use is absent or thin, take steps now to establish genuine use in the UK market.
   • Maintain contemporaneous records: dated invoices, marketing materials, website evidence, and sales data bearing the mark in its registered form.
   • Where UK use has not been possible due to regulatory or supply chain constraints, document the reasons carefully — these may be relevant to any future revocation challenge.

6. Partial Replacement with International Registrations

   Effective from November 2024, the UKIPO now permits the partial replacement of UK national trade mark registrations with International (Madrid System) registrations, even where the International Registration covers only a subset of the goods and services in the national right. This flexibility allows brand owners to streamline global portfolio management — replacing UK national rights with International Registrations on a partial basis while retaining the national registration only for goods and services not covered by the IR.

   Brand owners should review UK national registrations that sit alongside International Registrations to identify partial replacement opportunities, and ensure that any UK-specific goods or services not covered by the IR are preserved in the national right before seeking replacement.

Conclusion

The UKIPO’s reforms signal a decisive move toward modernisation, transparency, and stricter enforcement standards. Trade mark owners and practitioners should act now: adapt filing strategies, strengthen evidence of UK use, and prepare for increased costs. Proactive portfolio management and careful forward planning are no longer optional — they are essential.

Disclaimer: This article is provided for general informational and educational purposes only and does not constitute legal advice. The information reflects UKIPO practice and policy as understood at the date of publication and is subject to change without notice. For assistance, contact foreign@ssrana.com.