Does your trademark in the EU provide protection on the island of Jersey? The answer is no. According to our expert partners in the region, Jersey has not been protected by the EU trademark system since April 2009. Why? Because Jersey’s new Trademark Act of 2000 did not incorporate the European regulation that ensured the continuity of EU trademark protection in Jersey.
So, this month, let’s talk about Jersey.
Jersey: A Country to Remember in Trademark Protection
Located west of Normandy, in the English Channel, Jersey is a small British Crown Dependency with an area of just120 km². It has a gross national income that ranks among the highest in the world, and it is well known that it is home to one of the most important financial and legal centers on the planet.
Trademark Protection After Brexit
Well, now that the UK is completely out of the EU, it’s important to remember that it’s not enough to protect a trademark in the EU —and, obviously and most importantly, in the United Kingdom. We must also keep in mind other countries, dependent territories, and overseas territories where it’s equally important to protect intellectual property and where, furthermore, we can extend the rights already obtained—in this case, in the United Kingdom.
A trademark in the United Kingdom provides protection in Great Britain, Northern Ireland, the British Indian Ocean Territory, the Falkland Islands, the Isle of Man, South Georgia, and the Sandwich Islands. It also paves the way for obtaining protection in many other countries, such as Gibraltar, the Bahamas, Bermuda, Guyana, Fiji, the Gambia, Sierra Leone, and Jersey—the focus of our article.
So, how do I protect my trademark in Jersey?
At present, in Jersey, trademark protection is obtained solely through the extension of a British registration or through the Madrid Protocol. To this end, we have a network of trusted partners, both in Jersey and in the United Kingdom, complemented by our extensive experience in processing Madrid Protocol applications and managing intellectual property abroad.
Trademark registration in Jersey is simple, quite affordable, and fast—it’s automatic when a British designation is made through the Madrid Protocol—so it’s worth considering as part of a comprehensive trademark strategy in Europe. It is expected that in the near future, Jersey will have an independent registry to administer its trademark rights. When that happens, we will publish a new article to familiarize our clients and readers with this new avenue for trademark protection.
We don’t want to conclude without noting that this situation is not unique to islands like Jersey. Countries such as Switzerland, Iceland, Norway, Liechtenstein, Monaco, and our neighbor in the Pyrenees, Andorra—which, due to their geographic location in the heart of Europe, might lead one to believe they are part of the EU trademark system—do not participate in this trademark protection. And they are highly significant from an economic and even strategic standpoint, which makes it highly advisable to take steps to protect the most important trademarks in these regions.
Cristina Arroyo, Director of the International Brands Division at ELZABURU