There is confusion on the issue of trade mark protection in Jersey. In order to obtain trade mark protection in Jersey, the following points are important to consider:
The re-registration of UK registrations
Trade mark protection can be obtained through the re-registration of a trade mark first obtained in the United Kingdom (this includes so-called ‘comparable UK trade marks’).
International Trade Mark Registrations
International Trade Mark Registrations designating the United Kingdom are automatically protected in Jersey. International Trade Mark Registrations designating the European Union are not (and have never been) automatically protected in Jersey.
EU trade marks
From October 2000 until 12 April 2009 EU Trade Marks (EUTMs) were automatically protected in Jersey, as per the Community Trade Mark Regulation (Regulation (EC) No. 40/94).
But the Jersey trade mark legislation, the Trade Marks (Jersey) Law 2000 (TMJL), does not protect EUTMs in Jersey – the reason for this is that the TMJL purports to incorporate a European Regulation which no longer exists, and it was not amended to give effect to the subsequent EU Regulations. In a Note for Industry dated March 2024, the Government of Jersey clarified the position and confirmed that EUTMs no longer provide trade mark protection in Jersey.
Seek advice
Companies with queries regarding trade mark protection in Jersey should seek specialist advice and can contact Spoor & Fisher for assistance.