Jersey is about to undergo a significant overhaul of its trade mark system. On 1 August 2026, a new trade mark law will introduce a fully independent national trade mark. At the same time, Jersey will become an independent designation under the international Madrid Protocol system.
How are the methods for obtaining protection changing?
At present, trade mark protection in Jersey can be obtained by:
- Applying to extend an existing UK national trade mark registration to cover Jersey; or
- Designating the UK in an international application/registration, which will automatically cover Jersey.
- Filing an independent national trade mark application in Jersey; or
- Designating Jersey in an international application/registration.
The new trade mark law will remove the requirement for applicants to have an existing UK right when filing nationally. Therefore, applicants will be able to file in Jersey regardless of whether they have a UK trade mark registration or not. Any Jersey application filed will be fully independent of any UK registration the applicant may own.
UK designations of international registrations will no longer cover Jersey. Therefore, applicants using the Madrid Protocol system will need to designate Jersey separately if they want protection there.
In summary, from 1 August 2026 trade mark protection in Jersey will be obtained by:
At present, trade mark protection in Jersey can be obtained by:
- Filing an independent national trade mark application in Jersey; or
- Designating Jersey in an international application/registration.
The application process will also look different from the current procedure, with the introduction of substantive examination and an opposition system, both of which will be modelled closely on practice in the UK.
What happens to existing rights?
The new law includes transitional provisions designed to preserve existing rights.
National rights
Existing Jersey trade mark 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.
Madrid designations
New Jersey designations will be created automatically from any granted UK designations of international registrations on 1 August 2026.
If a UK designation 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.
How are renewals changing?
The period for late renewal of Jersey national registrations is due to change from the current 12 month ‘allowance’ for late-renewal, to a more standard 6 month grace period.
However, there will be some transitional provisions in place. In particular, for registrations due for renewal between 1 February 2026 and 31 July 2026, renewal will be permitted 12 months from the renewal deadline.
What should brand owners do now?
Official fees under the new Jersey trade mark law are modelled on UK official fees, which represents a notable increase on current fees. Any brand owners considering seeking protection in Jersey for new marks may wish to do so prior to 1 August 2026, to take advantage of the lower fees and simpler route to obtaining registration.
Owners with existing protection in Jersey should take note of how this will change from 1 August 2026, being ready to enter details of any newly created rights, such as new Jersey designations created from UK designations, and new earlier renewal grace period deadlines into their records system.
The current trade mark law permits early renewal of a Jersey trade mark registration within 6 months of the expiry date. Owners of Jersey trade mark registrations due for renewal before 31 January 2027 should consider renewing their registrations prior to 1 August 2026, to take advantage of the lower fees.
Get in touch with our trade mark team if you have any questions about your Jersey trade marks or are interested in seeking protection for new marks.
Rebecca is a Partner and Chartered Trade Mark Attorney at Mewburn Ellis. She handles all aspects of trade mark work, with a particular focus on managing large trade mark portfolios, devising international filing and enforcement strategies, and negotiating settlements in trade mark disputes. Rebecca has extensive experience of trade mark opposition, revocation and invalidity proceedings before the UK Intellectual Property Office (UKIPO), including very complex evidence based cases. Rebecca also has a strong track record in overcoming objections raised to trade mark applications.
Email: rebecca.anderson@mewburn.com
