Trade marks: Jersey’s new regime took effect on 1 August 2026
1 August 2026 marked a major turning point for trade mark protection in Jersey. With the entry into force of the Trade Marks (Jersey) Law 2026, the Island moved away from its longstanding system, which relied on UK registrations, and adopted an independent trademark protection regime.
Before 1 August 2026: protection closely linked to the United Kingdom
Until that date, protection was based on a system for extending UK-registered trade marks to Jersey (known as “re-registration”). In practice, obtaining protection in Jersey through this route required both a prior UK trade mark registration and a separate application by the proprietor.
The Madrid System, however, operated according to a different mechanism: designating the United Kingdom in an international registration automatically extended protection to Jersey, so no separate designation of Jersey was required.
From 1 August 2026: Jersey becomes an independent jurisdiction for trade marks
The entry into force of the Trade Marks (Jersey) Law 2026 marked a clear departure from the previous system.
Jersey now has its own trade mark registration system, enabling proprietors to apply directly for protection with the Jersey Registrar of Intellectual Property, without first having to secure a UK registration.
Protection is granted for ten years from the filing date and may be renewed for successive ten-year periods. The legal and procedural framework of Jersey’s new regime is largely modelled on that in force in the United Kingdom.
Madrid System (international registrations): end of automatic extension via the United Kingdom
Since 1 August 2026, Jersey has been an independent designation under the Madrid System.
To obtain protection in Jersey, applicants and proprietors must now expressly designate Jersey:
- when filing a new international application;
- through a subsequent designation; or
- when renewing an international registration.
The Jersey and UK designations are examined separately and operate independently throughout the life of the international registration.
Transitional provisions: existing international registrations
- Protection had already been granted in the United Kingdom by 1 August 2026
No action is required in this case.
WIPO automatically recorded a separate designation of Jersey. From 1 August 2026, the Jersey and UK designations operate independently of each other. The effective date of protection in Jersey is the same as that of protection in the United Kingdom.
- A UK designation was still under examination
Where the UK designation was still under examination on 1 August 2026, the recording of a corresponding Jersey designation depends on the outcome of those proceedings.
WIPO will record the Jersey designation once protection has been granted in whole or in part in the United Kingdom. Conversely, if protection is definitively refused in the United Kingdom, no automatic designation of Jersey will be recorded.
Two routes are now available for protecting a trade mark in Jersey
Since 1 August 2026, proprietors have had two routes for obtaining protection in Jersey:
- the national route, by filing a trade mark application directly with the Jersey Registrar of Intellectual Property;
- the international route, by expressly designating Jersey under the Madrid System. Please note that Jersey has opted for an “individual fee”, whose amount is set by the local authority, rather than the standard complementary fee applicable to certain other designations.
The choice between these two routes will depend on the proprietor’s territorial filing strategy and the scope of its trade mark portfolio.
In practice: a trade mark portfolio audit may be advisable
This reform brings the previous automatic extension mechanism to an end. Any protection strategy covering Jersey must now expressly identify the territory.
For existing portfolios, a review is also recommended to determine:
- whether protection in Jersey arises under the transitional arrangements – namely, because UK protection had been granted or was still pending on 1 August 2026; and
- where appropriate, whether a separate designation of Jersey should be made.
Our teams are available to answer any questions about the impact of this reform on your trade mark portfolio. Please feel free to reach out to your usual contact at Beau de Loménie.