Jersey’s New Trade Mark Regime: Three Months on

As we reported in our earlier update, Jersey’s new trade mark regime came into force on 1 August 2026, alongside the launch of an entirely new IP Registry and bespoke online portal.

Nearly three months into the new regime, we answer some of the questions most frequently asked by our clients.

We have an existing UK registration. Has this been cloned on the new IP Register?

It depends on the nature of your existing UK registration. If you had an existing UK designation of an International Registration on 1 August 2026, then a Jersey designation will have been automatically added to your International Registration and entered on to the Registers at both WIPO and Jersey. The Jersey designation will have the same details as the existing UK designation and will also be effective from the same date as the UK designation.

If you had a UK national registration which you had also taken steps to ‘re-register’ in Jersey prior to 1 August 2026, then this registration will have been automatically entered on to the new Jersey IP Register with the same details and expiry date. However, the new Jersey registration is no longer dependent upon the UK national registration, and it is no longer a requirement for the UK registration to be renewed for the Jersey registration to be renewed.

If you hold a UK national registration which you previously did not ‘re-register’ locally in Jersey prior to 1 August 2026, then you do not have protection in Jersey, and no rights will have been cloned following the introduction of the new law on 1 August 2026. If trade mark protection in Jersey is of interest, you will need to either: apply for a new independent national trade mark directly with the Jersey IP Registry; or designate Jersey as part of a new International Registration or add Jersey as a subsequent designation to an existing International Registration.

Will a local representative be automatically appointed for the registrations on the new IP Register?

For the newly created Jersey designations of International Registrations, the details of the authorised representative at WIPO will be entered into the Jersey IP Registry’s database as the relevant contact.

For any existing Jersey national registrations (formerly UK dependent registrations), the local representative details will have been retained from the old Jersey register. It is possible to update the local representative for either type of registration at the Jersey IP Registry to ensure that a local firm, such as Spoor & Fisher Jersey, will be notified of any material decisions or actions affecting Jersey registrations.

Is the official number for my existing Jersey trade mark still the same?

Yes. The registration number for existing Jersey registrations has been kept the same on the new IP Register. International Registrations effective in Jersey can also be located on the Jersey IP Registry’s database by the International Registration number.

For new independent Jersey national trade mark applications, the application number has a new format TM2026/0000[sequential number, i.e. 10]. However, once the application proceeds to publication, a registration number is given which corresponds with the format and sequential numbering of the existing Jersey registration numbers.

Is the new IP Registry examining trade mark applications?

Yes. The Registry checks that all formalities of the application are complied with and examines the application on absolute grounds.

Earlier marks are not cited against applications during examination before the Registry. Any interested third parties must actively oppose an application during the two-month opposition period following publication.

Whilst it is still a new regime, we are currently receiving examination reports within around 3-5 weeks from the date of filing.

How often does publication take place and does the Registry issue a certificate?

Publication takes place weekly, each Friday, via the IP Registry’s web site. Certificates are issued, but only in electronic format.

Are cloned Jersey designations of UK International Registrations to be renewed at the Jersey IP Registry?

No. The new Jersey designations cloned from existing UK designations are to be renewed centrally at WIPO in accordance with the usual renewal terms of International Registrations.

We have a pending UK designation of an International Registration, do we have protection in Jersey, and do we need to take any action?

A pending UK designation of an International Registration which existed on 1 August 2026 will have created a cloned Jersey designation in WIPO’s database. However, it will not be protected in Jersey until protection is finalised in the UK. Should the UK designation encounter any objection or undergo any changes prior to the grant of protection, the Jersey designation will reflect the same changes and will be subject of the same decisions. It is not possible to prosecute the Jersey designation separately. Only the UK designation will be dealt with before the UK Intellectual Property Office. Protection for the Jersey designation will mirror that of the UK designation once protection has been granted.

Is transformation of an International Registration available in Jersey?

Yes. Transformation is possible, provided that the existing International Registration was protected in Jersey and that the application for transformation is made before the Jersey IP Registry within the three-month time limit from the recording of the cancellation decision in the WIPO Register.

Is it possible to file an International Registration using the Jersey IPO as office of origin?

Yes. Although, the Registry’s portal does not currently support the filing of International Registrations at the present time, therefore, it is necessary to prepare the International trade mark application separately and submit the same to the Jersey IP Registry. Spoor & Fisher Jersey can assist with this process.

Are there any transitional provisions to be aware of?

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Registrations due for renewal in the first six months after the introduction of the new law

Existing Jersey national registrations due for renewal from 1 August 2026 to 1 February 2027 can be renewed by 31 January 2027 without payment of any late fees (regardless of the precise renewal deadline).

Renewal of lapsed registrations

For existing national registrations which had already lapsed on or before 1 August 2026, they must be renewed within 12 months of the precise renewal date of the registration. Further, the original UK base registration for that Jersey registration must also have been renewed. If the precise renewal deadline was within six months of the date of the new law coming into force (i.e. from 1 February 2026 to 1 August 2026), then only the standard renewal fee will apply. However, if the renewal deadline for the lapsed mark was earlier (e.g. 10 January 2026) then renewal is still possible up until 10 January 2027, but an additional late fee will apply.

For further information on Jersey’s new trade mark regime, please contact the Spoor & Fisher Jersey team.