Introduction of new trade mark law in Jersey
Historically, in order to obtain a trade mark in Jersey, the owner of an existing UK trade mark was required to re-register that trade mark in order to extend the rights to Jersey.
What has changed?
The trade mark regulations in Jersey have undergone a major overhaul from 1st August 2026. The main difference of the overhaul is that Jersey now has its own primary trade mark legislation and the ability to allow applicants to apply for protection in Jersey directly with the Jersey Patent Office, rather than obtaining trade mark registrations in Jersey as an extension to UK trade mark rights.
Furthermore, Jersey has become party to the Madrid Protocol as an independent designation which allows the territory to be the subject of an international registration; and that the Jersey IPO has become an office of origin for local applicants.
What happened to existing Jersey trade marks?
With regard to existing Jersey registered trade marks which exist on the Jersey trade mark register, these were automatically placed on a new register on 1st August 2026 and deemed to be independent of the UK trade mark from which they originated. This means that, should the UK trade mark lapse, the Jersey trade mark registration will be unaffected, and vice versa.
What happened to existing trade marks in other jurisdictions?
International registrations
Owners of international registrations which designated the UK and which had already been granted protection in the UK, were automatically placed on the Jersey register as of 1st August 2026 and the new Jersey designation will have been created with the same details as that of the UK designation. However, when renewal becomes due, a separate renewal fee will be payable to maintain the Jersey registration.
UK registrations
UK trade marks which are registered in the UK do not automatically cover Jersey. This means that if a UK trade mark registration owner wishes to extend their protection to Jersey, then now, they will need to file a specific application in Jersey and with the Jersey IP office and will not be able to use a UK national registration as a base.
Examination of Jersey trade mark applications from 1st August 2026
Examination of new Jersey based trade mark applications is similar to the UK in that the specification of goods and services is in line with the Nice classifications and, although independent from the UK IPO, it is expected that examination, opposition and appeal procedures in Jersey will be similar to those as followed in the UK. The duration of registration is for 10 years, in line with UK trade marks.
If you have any questions about what has happened to your existing trade marks, or the best way to obtain trade mark protection in Jersey, please get in touch.
