Jersey will implement a completely new trade marks system on 1 August 2026, replacing the current UK-based registration framework with an independent local registration regime. The changes introduce examination, publication and opposition procedures, multi-class filing, Nice Classification and a pathway towards Madrid Protocol participation. Existing Jersey registrations and qualifying international registrations will be automatically transferred to the new register.

HIGHLIGHTS

What is changing?

The current system, which is largely based on extending UK rights to Jersey, is being replaced by a standalone Jersey trade mark registration system.

Key features include:

  • Multi-class, based on the Nice Classification
  • Convention priority claims now possible
  •  Provision for collective and certification marks
  •  Applicants of domestic applications must have a bona fide intention to use the trade mark applied for and have an address for service in Jersey
  • Applications will be examined to form and on absolute grounds before being published
  •  The burden will be on earlier rights holders to actively oppose any conflicting applications
  •  The opposition period will be two months (extendable to three months) after the date of publication and unregistered rights (including, passing off) can be used as a basis for opposition
  • Six months grace period for renewals, with restoration also possible following removal from the Register

Effective Date

The new Trade Marks (Jersey) Law 2026 and accompanying Trade Marks (Jersey) Order 2026 will come into force on 1 August 2026.

ACTIONS FOR RIGHTS HOLDERS

Existing Rights Holders

  • Confirm that your existing Jersey registrations remain in good standing.
  • Review portfolios that currently rely on UK registrations or international registrations covering Jersey.
  • Monitor implementation guidance, forms and official fees when announced.

New Applicants

  • Consider whether upcoming filings should be planned around the new regime.
  • Assess potential conflicts with existing local rights before filing.
  • Prepare for publication and possible opposition proceedings as part of the registration process.

International Rights holders

  • Review Jersey protection strategies separately from UK rights.
  • Evaluate future use of the Madrid System once Jersey’s participation becomes available.

INTERNATIONAL REGISTRATIONS AND MADRID PROTOCOL DEVELOPMENTS

Under the current system, international registrations designating granted protection in the United Kingdom are automatically extend protection to protected in Jersey by operation of national law. The new legislation provides a framework for the examination, publication, opposition and protection of international registrations, but protection will operate differently under the new regime.

Jersey is also seeking extension of the Madrid Protocol through the United Kingdom. Once ratified, international rights holders will be able to designate Jersey directly through the Madrid system, while Jersey businesses will gain access to the international filing system for protecting brands abroad.

WHAT HAPPENS TO EXISTING RIGHTS?

Current Jersey trade mark registrations and UK designations of international registrations that already enjoy protection in Jersey through operation of national law UK designation will not lose protection.

These rights will be automatically transferred to the new register on 1 August 2026, providing continuity for existing rights holders.

SPOOR & FISHER’S VIEW

The introduction of an independent trade mark regime represents a major step forward in the modernisation of Jersey’s intellectual property framework. The addition of examination, publication and opposition procedures aligns Jersey more closely with international best practice and should provide increased certainty for rights holders and third parties alike. The anticipated extension of the Madrid Protocol further strengthens Jersey’s position as an increasingly sophisticated jurisdiction for trade mark protection.

THE LEGAL DETAIL

The reforms are introduced through the Trade Marks (Jersey) Law 2026 and the Trade Marks (Jersey) Order 2026. In addition, the Registrar of Intellectual Property (Jersey) Law 2026 will establish a new intellectual property register administered by the Jersey Financial Services Commission. Forms and official fees are yet to be announced.

NEED TO REVIEW YOUR JERSEY TRADE MARK PORTFOLIO?

Businesses with existing Jersey rights, UK-based registrations covering Jersey, or international portfolios should review their protection strategy ahead of implementation.

Spoor & Fisher can assist with:

  • Jersey portfolio audits
  • Filing and prosecution strategies
  •  Opposition and enforcement advice
  •  International registration and Madrid Protocol planning
  •  Transition reviews for existing rights

For any further details or advice concerning trade mark protection in Jersey, please 联系我们 before 1 August 2026. View our legal updates or visit the interactive map on our 地区 page for more information on IP law.