Trade mark changes in Jersey from 01 August 2026
On 01 August 2026, Jersey is introducing new primary trade mark legislation. From this date, the system will no longer rely on extending granted UK rights. As well as becoming independent from the UK trade mark system, Jersey will become an standalone member of the Madrid Protocol, meaning it can be designated in international registrations and the Jersey Intellectual Property Office will become an office of origin for local applicants (or other entitlement to file).
Jersey national trade mark registrations
Existing Jersey national trade mark registrations are becoming independent from the UK registrations they were based upon. This means it is no longer mandatory to renew the UK mark in order to maintain the Jersey registration. The renewal grace period is being reduced.
From 01 August 2026, it will also be possible to file a national Jersey application without first having an underlying UK registration.
As with the UK system, a bona fide intention to use the trade mark will be required for new filings although actual use is not required. The opposition period will be two months, extendable by a further month on request.
Madrid Protocol international registrations
The bigger change is in relation to Madrid Protocol international registrations. Prior to the changes, a UK designation automatically extended to Jersey. On 01 August 2026, all existing UK designations of international registrations which have been granted UK protection will be placed on the Jersey register as a separate designation. From this date onwards, Jersey designations will therefore need to be renewed independently of the UK designation, attracting a separate individual fee.
Where a UK designation is pending on 01 August 2026, if it is subsequently granted then a Jersey designation will be created on grant.
Any international registrations designating the UK filed from 01 August 2026 will not automatically cover Jersey and this territory will need to be designated separately if protection is of interest.
UK trade marks
National UK trade marks do not cover Jersey. There is therefore no change to national UK trade marks. European Union trade marks (EUTMs) do not cover Jersey either.
The island break
From 01 August 2026, as well as greater flexibility in how protection can be obtained in Jersey, be it a direct national that is not reliant on a UK registration or as a Madrid Protocol designation, Jersey can now be used as an office of origin for Madrid Protocol applications which may further broaden the appeal of this system.
In terms of next steps for brand owners, if Jersey is important it is worth speaking to us to find out whether action needs to be taken to ensure your continued protection. Further, as reliance on the UK system has been removed, it is worth considering whether you want to watch for trade mark applications filed in Jersey to see if there are third party applications or Madrid designations of concern.
