Festive round-up: key UK trade mark developments to watch in 2026

From the end of the five‑year Brexit transitional period to the discontinuation of series marks, the adoption of the latest Nice Classification, and upcoming UKIPO fee increases, several important developments will shape the trade mark landscape in early 2026. This summary highlights the key changes to help brand owners enter the new year fully informed and prepared.

The End of the Five-Year Brexit Transitional Period

On 1 January 2021, following the UK’s withdrawal from the EU, the UKIPO automatically created comparable (“cloned”) UK trade mark registrations for all EU Trade Marks (“EUTMs”) that were registered on that date. This ensured that owners retained protection in the UK without the need for fresh applications.

For the purposes of defending comparable UK rights in non‑use revocation actions, trade mark owners were able to rely on genuine use of the EUTM in the EU made before 1 January 2021. Similarly, the same principle applied in the EU when relying on the UK use made before 1 January 2021. This period comes to an end on 31 December 2025.

From 1 January 2026, use in the EU will no longer count as genuine use for comparable UK rights. Instead, trade mark owners must show genuine use in the UK only (unless there are proper reasons for non-use). Likewise, EU trade marks must be supported by genuine use within the EU and the UK post-Brexit use will not qualify.

If owners are unable to show use in the UK (or unless there are valid reasons for non-use), there is a risk that the trade mark registrations will become vulnerable to non-use cancellation actions. Same will apply in the EU, if valid use from within the EU cannot be provided.

Trade mark owners are therefore encouraged to review their portfolio and consider whether there has been genuine use in the UK for any comparable UK rights and, if so, to gather evidence in support of this use. Likewise, the same recommendation applies to EU use.

If no such use exists, trade mark owners should consider filing new applications, provided there is a genuine intention to use the mark in the UK. Care must be taken, however, as identical re‑filings may attract bad‑faith objections from third parties who could allege that the purpose of the new application is merely to artificially extend protection without any real intention to use the mark. Where there is a genuine intention to commence use, owners may instead wish to file new applications in alternative forms—such as an updated logo—or with a revised specification that accurately reflects the goods and services for which use is realistically planned.

Discontinuation of Series Marks

In the UK, applicants may currently file up to six related marks within a single application, provided that the marks are visually, aurally and conceptually similar and differ only in non-distinctive elements.

However, the UKIPO has confirmed that the series mark system will be discontinued as part of its ongoing IPO Transformation Programme. Although the change was initially anticipated to take effect from early Autumn 2025, it has not yet been implemented. The UKIPO has stated that the discontinuation will occur when the new digital trade mark service is launched, but no exact date has been announced. Current indications suggest that the change is expected imminently and is likely to take effect by the end of 2025 or early 2026.This change will not affect existing series mark registrations and will apply only to new applications. Once the series mark system is discontinued, applicants wishing to file different variations of a mark will require separate applications for each version.

Further information about the IPO Transformation programme can be found in the following link: Government response to IPO Transformation programme: second consultation – GOV.UK

Adoption of the Latest Edition of the Nice Classification

In the UK, trade marks are classified using the Nice Classification system, an international system administered by the World Intellectual Property Office (“WIPO”) for categorising goods and services. There are 45 categories of goods and services in total (also known as “classes”).

WIPO has announced that the 13th edition of the Nice Classification will take effect on 1 January 2026. A summary of the key reclassifications is provided below:

• Eyeglasses and contact lenses (including spectacles, sunglasses and related accessories/products) will move from Class 09 to Class 10. However, is important to note that smart glasses will remain in Class 09 given they are considered to be electronic devices;
• Rescue and emergency vehicles (including fire engines, fire boats, life-saving rafts and lifeboats) will move from Class 09 to Class 12;
• Electrically heated clothing (including electrically heated socks and footmuffs) will move from Class 11 to Class 25; and
• Essential oils will now be classified by intended use, namely:
  • Class 03 for cosmetic purposes,
  • Class 05 for medical/therapeutic purposes, and
  • Class 30 for food purposes.

These changes will only affect new applications filed on or after the 1 January 2026. Applications filed before this date will remain unaffected.

The trade mark owners are therefore encouraged to review any trade mark watching services or monitoring tools they have in place to ensure that they cover both the existing and newly reclassified classes under the 13^th edition of the Nice Classification.

UKIPO Fee Increase

Lastly, the UKIPO has announced that they will be increasing fees by an average of 25% from 1 April 2026 (subject to parliamentary approval). The fee increase will apply to trade marks, patents and designs.

For example, the cost to apply for a new trade mark application in one class will increase from £170 to £205. These fees are currently subject to parliamentary approval and may change. The current fees will remain in place until then.

You can see a full list of the current and new fees on the UKIPO’s website in the following link: Intellectual Property Office fees to increase from April 2026 – GOV.UK

If you require further information in relation to any of the changes above, please contact a member of the IP & Commercial team for further details.

This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.

Meet the team:

1. 

   • Anna Cunningham

   • Part-Qualified Trade Mark Attorney
   • IP & Commercial

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2. 

   • Emilia Petrossian

   • Senior Trademark Attorney
   • IP & Commercial

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