Trademark Law Reform In Jersey
From 1 August 2026, Jersey has a stand-alone trademark system, where applications are filed directly at the Jersey Intellectual Property Office (IPO).
Previously, to get protection in Jersey, you had to have a UK trademark registration and then apply to extend the UK trademark registration to Jersey. The jersey registration was then dependent on the UK registration such that withdrawal or lapse of the UK registration affected the Jersey registration.
In addition, designating the UK in an international application/registration, would automatically cover Jersey.
The new trademark law will remove the requirement for applicants to have an existing UK right in order to file in Jersey. Therefore, applicants will be able to file in Jersey regardless of whether they have a UK trademark registration or not. Any Jersey application filed will be fully independent of any UK registration the applicant may own.
An application for direct registration of trademark in Jersey must file an application with the Jersey Intellectual Property Office, or may designate Jersey in an International application filed under the Madrid Protocol. New national filings will undergo formal examination, publication and opposition, similar to UK practice and Applicants must formally declare an intention to use the mark in Jersey.
Trademark registrations in Jersey will now be subject to separate 10-yearly renewal payments, with a 6-month late payment grace period.
Transition
Existing Jersey trademark registrations will automatically be transferred to the new register on 1 August 2026 and will become independent of any underlying UK registration. Withdrawal or lapse of the UK registration on which they were currently based will no longer affect the Jersey registration.
Applications to re-register UK marks in Jersey submitted before 1 August 2026, will continue to be considered under the old law. In other words, if the application for re-registration in Jersey was filed before 1 August 2026, and is subsequently accepted, a separate Jersey trademark registration will be created.
Madrid designations
UK designations of International registrations will no longer cover Jersey from 1 August 2026. Therefore, applicants using the Madrid Protocol system will need to designate Jersey separately if they want protection there.
A new Jersey designation will be created automatically from any granted UK designation of an International registration on 1 August 2026.
If a UK designation of an International registration is still pending on 1 August 2026, a Jersey designation will only be created once protection is granted in the UK. If protection is ultimately refused in the UK, no Jersey designation will be created. In that case, a new subsequent designation of Jersey or a Jersey national application would be required to be filed.
For clarity, EUTMs do not cover Jersey. In addition, the patent law in Jersey has not changed and Jersey remains a re-registration country for UK patents, although a request has been filed for extension of the Patent Cooperation Treaty (International patents) and the Hague Agreement (International designs) to Jersey.
If you are active in Jersey we would recommend reviewing your IP portfolio, our attorneys her at Mathisen & Macara can assist you.