Is your trade mark portfolio still working for you?

Published on 15th May 2026

The cost of protecting a brand in the UK has recently increased for the first time in nearly three decades. In a separate but important development arising from Brexit, the way UK trade marks are assessed for ‘use’ has also changed in practice for many businesses.

This blog outlines what has changed, why it matters, and what businesses should consider doing next. The good news is that, with the right advice, these changes can be managed in a straightforward and commercially sensible way.

For businesses with valuable intellectual property, particularly those with established brands and existing UK and international trade mark portfolios, this is also a timely opportunity to review whether your trade mark protection is still aligned with how your business actually operates today.

UK Intellectual Property Office fee increases

On 1 April 2026, the UK Intellectual Property Office (“UKIPO”) increased its official fees for trade marks, patents and registered designs by an average of around 25%. For trade marks specifically, this is the first fee increase since 1998.

The UKIPO has explained that the increase reflects inflationary pressures and the need to maintain and invest in its digital infrastructure, including the ongoing development of its “One IPO” digital services programme.

Individually, these increases may appear modest. However, for businesses managing multiple filings, renewals and international portfolios, the cumulative impact can be more significant.

This makes it a natural moment to review whether your current portfolio is still efficient, necessary, and commercially aligned with your brand strategy.

Brexit and trade mark ‘use’ – what has changed?

Following Brexit, the UK created ‘comparable UK trade marks’ for existing EU trade mark registrations. This ensured continued protection in the UK for rights that were originally obtained via EU trade marks.

During the transitional period, there were circumstances in which use of a trade mark in the EU could, in practice, help support the validity of the corresponding UK right.

However, that transitional position has now ended. As a result, use in the EU will not generally be sufficient on its own to demonstrate genuine use of a UK trade mark.

In the UK, trade marks are generally vulnerable to revocation if they have not been put to genuine use for an uninterrupted period of five years. This is a long-established principle of UK trade mark law, but it is now more relevant in practice for businesses whose commercial activity is primarily outside the UK or who have historically relied on broader EU use.

In particular, this may affect:

These developments mean that some registrations may now be more vulnerable to non-use cancellation actions if they are not supported by genuine UK use.

Four questions every business should ask about trade marks

These changes provide a useful prompt for businesses to take stock of their trade mark portfolios.

Are your registrations up to date?

Trade marks protect what is on the register, not necessarily what your business currently uses.

If your brand has evolved, whether through a rebrand, updated logo, new product names, or changes to packaging, your registered trade marks should be reviewed to ensure they still reflect your current commercial identity.

Are you using what you have registered?

A registered trade mark that is not genuinely used in the UK may be vulnerable to challenge, and may also be unnecessarily increasing renewal costs.

It is important to consider whether each registration reflects ongoing commercial activity, and whether the goods or services covered by the registration still align with your current business offering.

UK trade mark law assesses “genuine use” in a real commercial context. What qualifies as sufficient use can be fact-specific, and may not always be straightforward.

Are there gaps in your protection?

Many businesses protect their main brand name but do not always extend protection to:

Given how brands develop over time, it is common for gaps to emerge unintentionally. A review can help ensure that key commercial assets are properly protected.

Are there opportunities in these changes?

The same non-use principles that can create risk for your own portfolio may also apply to competitors.

Where third-party registrations are blocking your ability to register or use a brand, it may be worth assessing whether those marks are still in genuine use in the UK. In appropriate cases, it may be possible to challenge or revoke registrations that are no longer being used.

How Nicholas & Co can help

Trade mark law is nuanced, and the practical implications of ‘use’, ‘scope of protection’ and ‘enforcement strategy’ are often more complex than they first appear.

A portfolio review can help ensure that your registrations still reflect your current brand, reduce unnecessary costs, and identify any gaps or risks in your protection strategy.

At Nicholas & Co, we advise businesses on the full lifecycle of trade mark protection, including:

If you would like to understand whether your current trade mark portfolio is still working effectively for your business, we would be happy to help.

Get in touch with our team to arrange a review or discuss your brand protection strategy.

Written by Iain Garfield (Director (known as Partner))