Trade mark changes in Jersey, and why they might affect you

The Bailiwick of Jersey, a self-governing territory with a close relationship to the United Kingdom, recently introduced sweeping changes to its trade mark laws.

The previous system, which involved re-registering United Kingdom trade marks with the Jersey courts, has been completely abolished.

In its place, Jersey has established its own Intellectual Property Office with examiners tasked with examining applications and conducting contentious proceedings.

These changes entered into force on 1 August 2026.

For the most part, Jersey has aligned its new system with the United Kingdom, with common features including:

• the right for individuals and legal entities to file standalone Jersey applications, without needing any earlier registrations obtained elsewhere
• the requirement for applicants to have a bona fide intention to use the mark for each of the goods and services covered by the application, if the mark is not already being used in that way
• protection for non-standard marks, such as sound and shape marks, provided they are “capable of being represented in the register” in a “clear and precise” manner
• dedicated provisions for collective and certification marks
• examination on absolute grounds, such as whether the trade mark lacks distinctiveness or is deceptive
• a pre-grant opposition procedure, where third parties can contest the application on both absolute and relative grounds, such as conflicts with other trade marks protected in Jersey
• post-grant revocation and invalidation procedures before both the trade mark office and the courts
• an almost identical official fee structure

In addition, following the extension of the Paris Convention to Jersey back in 2020, other trade mark offices should recognise applications first filed in Jersey as establishing a priority date where the usual formalities are fulfilled.

Trade marks obtained under the previous re-registration system have been transferred to the new system.  The owners of those existing registrations will be able to renew their Jersey rights as independent rights in the future, without needing to renew the corresponding United Kingdom registration.

Jersey and the international trade mark system

Another significant change is that Jersey now directly participates in the international trade mark registration framework known as the Madrid System.

This means that Jersey can be designated in an international trade mark registration independently from the United Kingdom.  In addition, applicants that meet the entitlement criteria will be able to file international applications with the Jersey Intellectual Property Office as their office of origin.

It is important to note that Jersey law previously allowed the holders of UK designations of international trade mark registrations to enforce those UK rights in Jersey without needing to re-register them in Jersey first.  However, the legal provisions that made this possible were abolished when the new law came into effect on 1 August 2026.

To prevent any loss of rights, the Jersey authorities arranged for all United Kingdom designations that were live and in force immediately prior to 1 August 2026 to be cloned into Jersey designations.  The cloning process took place automatically and free-of-charge.  The cloned designations keep the same effective filing date – as well as any priority date – as the original UK designation.

Designations of the United Kingdom that were pending immediately prior to 1 August 2026 will also be cloned into Jersey registrations shortly after the UK registration process completes (i.e. once the UK Intellectual Property Office has issued a statement of grant of protection).

If you (or any of your clients) are the holder of a UK designation, then you can check whether the corresponding Jersey right has been created by searching WIPO’s Madrid Monitor and e-Madrid databases or the local Jersey register.

In most situations, there will be no fees to pay regarding the Jersey designation until the international registration is due for renewal, at which point the designation will either need to be renewed independently from the UK, or left to lapse if is not needed.

Future IP changes in Jersey

The recent changes represent just the first step towards modernising Jersey’s intellectual property system.  The authorities in Jersey have indicated that the island could join the Hague System for the international registration of designs, as well as the Patent Cooperation Treaty, in the next year or so, although it is not currently planning on examining patent and design applications itself, and so would likely recognise UK rights stemming from international design and PCT applications instead.

This article was prepared by Professional Standards Officer, Maximilian Theiss.