Does your trademark in the EU protect on the island of Jersey? The answer is no. Our expert collaborators in the region say that this country has not been protected by the trademark in the European Union since April 2009. Why? Because the new Jersey trademark law of 2000 did not accommodate the European regulation that provided continuity to the protection of trademarks in the EU in Jersey.
So, this month, let's talk about Jersey.
Jersey, a country to remember in brand protection
Located west of Normandy, in the English Channel, Jersey is a small island dependent on the British crown, with an area of just 120km2. It has a gross national income that is among the highest in the world and, it is widely known, it concentrates one of the most important financial and legal centers on the planet.
Post-Brexit brand protection
Well, now that the UK is completely out of the EU, it is worth not forgetting that it is not enough to protect the brand in the EU and, obviously and fundamentally in the United Kingdom. It is necessary to remember other countries, dependent and overseas territories in which it is also important to have the protection of intangibles and in which, in addition, we can extend the rights already obtained, in this case, in the United Kingdom.
The trademark in the United Kingdom itself protects Great Britain, Northern Ireland, the British Indian Ocean Territory, the Falkland Islands, the Isle of Man, South Georgia and the Sandwich Islands. And, it opens the doors to obtaining protection in many other countries such as, for example, Gibraltar, Bahamas, Bermuda, Guyana, Fiji, Gambia, Sierra Leone or Jersey, the protagonist of our article.
So how do I protect my trademark in Jersey?
At the moment, in Jersey, the brand protection It is obtained only through the extension of a British registration or through the Madrid Protocol, for which we have a network of trusted collaborators, both in Jersey and the United Kingdom, to which we add our long experience in the processing of the Madrid Protocol and the management of intangibles abroad.
The registration of trademarks in Jersey is simple, quite economical and fast - automatic with the British designation carried out by the Madrid Protocol -, so it is worth taking it into account to complete the trademark strategy in Europe. It is expected that in the near future it will have an independent registry for the administration of its trademark rights. When this happens, we will write a new article so that our clients and readers are familiar with a new way of trademark protection.
We do not want to finish without remembering that this case is not exclusive to Islands like Jersey. Countries such as Switzerland, Iceland, Norway, Liechtenstein, Monaco or our Pyrenean neighbor Andorra that, due to their geographical location in the heart of Europe, could lead one to believe that they are part of the EU trademark system, do not participate in this trademark protection. And they have great relevance from an economic and even strategic point of view, which makes the effort to protect the most important brands in these regions highly recommended.
Cristina Arroyo, Director of Brands Area Abroad by ELZABURU
