Jersey introduces trade mark law reform from 1st August 2026
From the 1st August 2026 Jersey is introducing changes to its trade mark system.
For most brand owners with existing rights in Jersey no immediate action is required, as existing rights will continue under transitional arrangements.
Jersey will be introducing a new, independent trade mark regime, including its own primary trade mark register and participation in the Madrid Protocol. This represents a significant shift away from Jersey’s historic reliance on the re-registration of UK trade mark rights and will affect how protection in Jersey is obtained going forward.
What is changing?
Previously, trade mark protection in Jersey was dependent upon UK rights. Protection could be obtained through an application for extension of a UK registration, or automatically via international registrations that designate the UK. From the 1st August 2026, Jersey will operate its own independent trade mark system.
Key changes include:
- Trade marks will be filed and registered directly in Jersey without the need for a corresponding UK registration;
- Jersey will have its own trade mark register, examination procedures and opposition process;
- Existing secondary re-registrations will be grandfathered onto the new primary register;
- Jersey is a separate designation under the Madrid Protocol;
- Designating the UK through the Madrid System will no longer automatically provide protection in Jersey;
- Rights in Jersey and the UK will need separate renewal or designation renewal fees paying.
Do existing rights holders need to take action?
No. In most cases, existing rights holders do not need to do anything.
The new legislation contains transitional provisions intended to preserve existing protection. Existing Jersey rights derived from UK registrations will automatically move onto the new Jersey register, and existing international registrations that currently extend to Jersey via a UK designation will continue to enjoy protection in Jersey under the transitional arrangements.
Accordingly, we do not anticipate any interruption to protection for existing rights holders and are not recommending any immediate action at this stage.
Where a UK designation remains pending on the 1st August 2026, a Jersey designation will automatically be created once the statement of grant of protection issues on the UK designation.
What are the implications going forward?
The principal change is that Jersey will need to be considered separately from the United Kingdom when planning future trade mark protection.
From the 1st August 2026 a UK trade mark registration will no longer automatically provide protection in Jersey.
Businesses requiring protection in Jersey will need to consider either:
- filing a direct Jersey trade mark application; or
- designating Jersey through the Madrid System.
Separate official fees will apply for Jersey filings and designations.
What should brand owners do?
At present, no action is required. We simply want to make clients aware of the change.
Going forward, if Jersey is a commercially important territory for your business, it should be considered as a separate jurisdiction when developing filing and enforcement strategies. We will, of course, take this into account when advising on future trade mark applications and portfolio management.
Additional note
As previously discussed in a declaration dated March 2024 the government of Jersey stated that EUTMs (European trade marks) no longer cover Jersey, and that in fact they have not provided protection in Jersey since April 2009.
If you or your clients have been relying on an EUTM for protection in Jersey, we would advise seeking an alternative form of trade mark protection.
If you have any questions regarding the changes or their impact on your portfolio, please do not hesitate to contact the author or your usual trade mark attorney.
