Two key updates for rights holders in 2026
Heading into 2026, there are two key dates rights holders need to be aware of: 31 December 2025 – for UK clone registrations; and 1 April 2026 – for UKIPO fee increases.
Brexit – the final countdown to 31 December 2025
On 31 December 2025, it will be five years since the United Kingdom left the European Union. After this date, owners of UK clone registrations (with a 009′ or 008′ prefix) will no longer be able to rely on use of their mark within the EU to support a claim of genuine use and/or reputation of their UK clone registrations.
As a result, UK clone registrations that have not been used in the UK during the five years prior to 1 January 2026 will become vulnerable to total (or partial) cancellation for non-use, leaving rights holders unable to take enforcement action before the UK courts and unable to rely on their UK clone registrations in opposition or invalidation proceedings before the UK Intellectual Property Office.
In anticipation of this important milestone, it is imperative that rights holders diligently review their portfolios of UK clone registrations in order to establish the extent of their past and present use (within the UK) and ascertain any future plans to exploit these potentially valuable assets in the UK, after 31 December 2025.
Where such rights have not been used on the UK market, but continued protection is still desired (in whole or in part), rights holders should consider commencing (genuine) use of their UK clone registrations as soon as possible and/or possibly filing new UK trade mark applications in order to safeguard their UK rights.
UKIPO announces material fee increases for 2026
Subject to parliamentary approval, the UKIPO has confirmed that it will implement significant fee increases across its range of services, effective from 1 April 2026.
The UKIPO has cited several key reasons for this increase, including inflationary pressures, sustainability and service quality.
The fee increases are in the region of 25% on average and apply to patents, trade marks and registered designs. Details of the new fees can be found here.
In light of these likely (and substantial) fee increases, rights holders are encouraged to actively consider their short-term filing, maintenance, recordal and opposition/cancellation strategies, in order to take full advantage of current UKIPO fee levels.
For further information, please contact trademarks@penningtonslaw.com.
This article was originally published on 24 November 2025, and has since been updated on 16 December.