A UK trade mark can be revoked if it hasn’t been used in the UK for 5 consecutive years; or at the least the proprietor can be required to prove use within the same 5 year period in certain situations, such as if the mark is asserted in an opposition.

Upon the UK’s exit from the EU (effective 1 January 2021), the UK granted “comparable” UK trade marks for registered EU trade marks and International Registrations designating the EU. Comparable trade mark numbers are readily identifiable as they bear the prefix “UK009” or “UK008”.

Since 1 January 2021 and ending (relatively) soon on 31 December 2025 / 1 January 2026, proprietors of UK comparables have been, and until the end of this year still are, able to point to use made in the EU prior to 1 January 2021 to support use of their comparable mark in the UK. The logic for allowing them to do so is that trade mark owners previously holding an EU- wide right might have used it elsewhere in the EU than the UK; so it would be unfair, for at least 5 years, to demand that they show use of the comparable specifically in the UK.

However, effective as the clock ticks over from 31 December 2025 into 1 January 2026, the use of a UK comparable mark will no longer necessarily take into account any use, at any time, in the EU. The reason can be seen from the dates – if the owner is made to prove use in the 5 year period immediately before 1 January next year, then none of that 5 year period can be earlier than 1 January 2021.

The practical effect is that proprietors of UK comparable marks should ensure that they are put to use in the UK before the end of this year, to insulate them from revocations based on non-use, and to avoid difficulties proving use upon enforcement of the marks (e.g. in oppositions). So it’s a case of “use it now, or risk it later”!

This update highlights the importance of proactive management of your trade mark portfolio to protect your brand’s identity in the UK market.