Almost inevitably, after our article on the Trademark protection in Jersey It was necessary to write a few lines about its neighbour, the Bailiwick of Guernsey.
If you have commercial activity or provide services in this jurisdiction, this post may be of interest to you and you may even consider how to protect your trademarks there as well.
Guernsey: an independent jurisdiction from a trademark perspective
Place of exile of the famous Victor Hugo, it is said that from his residence in Hauteville in Guernsey, the French writer created his work “Les Misérables”.
So, as if we were Jean Valjean himself, let us protect the brands, after all, our creations, our values and assets, as he protects the innocent and vulnerable Cosette.
But where do we protect them? It is not France. It is not the United Kingdom. So what is it? It is the Bailiwick of Guernsey, an independent jurisdiction, although in possession of the British Crown and therefore under its responsibility for some powers.
National Registration: The Natural Direct Route to Trademark Protection in Guernsey
The natural route for registering a trademark in Guernsey is the direct national route, which has been possible since 2016 - before that date a prior British registration was required - before the Intellectual Property Office (hereinafter IPO) located in St. Peter Port.
Its system allows one or more classes of products and/or services to be protected in a single application. The IPO applies the Nice International Classification of Goods and Services. Interestingly, in this small jurisdiction, a search for prior works is required prior to filing. Otherwise, the procedure is simple, requires little formality and is not excessively costly.
Guernsey in the relevant International Treaties
In 2020, the Foreign Office of the United Kingdom extended the ratification of the Protocol concerning the Madrid Agreement to the territories of the Bailiwick of Guernsey and Gibraltar (Gibraltar requires a special issue due to its complexity).
Thus, as of January 1, 2021, a trademark owner can apply for international trademarks or subsequent designations in Guernsey, making use of WIPO, the Madrid Protocol and the Madrid System for the registration of the international trademark, despite not being a member per se of the International Treaty.
Similarly, a Guernsey-based trademark holder can use the international registration system to protect his trademark in other countries.
Moral of the story, Guernsey is not a member of the Protocol, but it might as well be.
The United Kingdom also clarified the extension of the Paris Convention to Guernsey, which allows for the claim of unionist priority or such essential principles as national treatment.
In conclusion, if you have a commercial presence in Guernsey or plans to internationalize in this jurisdiction, it is essential to consider Guernsey in your brand protection strategy.
Cristina Arroyo, Director of Brands Area Abroad by ELZABURU
