In Jersey, trademark protection is simple and efficient; however, until now, it could only be obtained by extending a British registration or through the Madrid Protocol by designating the United Kingdom.
Back in 2024, we announced on our blog that the country’s government was working on establishing its own independent trademark registry, which was expected to launch in the near future. Well, that moment will arrive on August 1, 2026—the date announced for the launch of the Jersey Trademark Registry.
What has changed regarding trademark protection in Jersey?
Effective August 1, 2026, Jersey may be designated directly and independently with the Jersey office or as a designation through the Madrid System. This will make it possible to protect trademarks in this territory without necessarily relying on the United Kingdom.
From that point on, the new office will serve as the administrator of trademark rights in the country, as the office of origin for extending trademarks through the Madrid System, and as a Contracting Party if designated in an international application.
This development is significant for owners of international trademarks, as they will be able to include the country as a specific territory in their protection strategy, especially when they have business activities targeting this market.
Declaration of Intended Use in Jersey
One of the most notable features of Jersey as a Contracting Party to the Madrid System is that its selection will require a declaration of intent to use, and applicants must therefore comply with the formal requirements established by the office.
It is important to keep this requirement in mind from the outset, because it is not simply a matter of adding a new territory to an international application. The designation of Jersey must be consistent with a realistic expectation of use of the trademark in that country and with the formal requirements ultimately established by its trademark office.
What will happen to existing trademark rights in Jersey?
Whenever changes of this magnitude occur, the most immediate question—and the one that causes the greatest concern—is how the new developments fit into the previous status quo.
It is likely that the rights obtained in Jersey following the extension of a British trademark will remain unchanged, although it remains to be seen how the interdependence of their validity will be structured. I would venture to predict that the right will remain independent while retaining the priority dates of the British trademark.
With regard to international trademarks designating the United Kingdom that are already registered as of the effective date—that is, August 1, 2026—a smooth transition is anticipated through a sort of “pseudo-cloning”of the designation from the parent trademark in the UK to a new subsidiary trademark in Jersey.
Cases pending as of August 1, 2026
For applications pending prior to the effective date, independent protection in Jersey will be granted once the registration procedure in the United Kingdom has been completed; if registration is not granted by August 1, no rights will arise in Jersey.
However, it is understood that, as of August 1, 2026, a new, independent appointment may be made in Jersey, which would not be affected by events that occurred in the United Kingdom.
But what will happen to proceedings that are pending as of August 1 and that are ultimately dismissed in the United Kingdom after August 1? As I understand it, these will have no effect in Jersey, and they will necessarily have to be replicated directly in the new jurisdiction.
What Companies with International Brands Should Review
From a practical standpoint, this change makes it advisable to review international portfolios before the new system takes effect. It is important to identify which trademarks are currently protected in Jersey by extension of a British right, which United Kingdom designations are still pending, and in which cases it may be advisable to apply for a separate Jersey designation as of August 1, 2026.
The inclusion of Jersey as a separate designation within the Madrid System provides greater clarity and flexibility, but it also requires at least a review of existing rights to avoid any issues. For companies with interests in this territory, taking proactive steps will be the best way to avoid uncertainty regarding the actual scope of their trademark protection.
Cristina Arroyo, Associate Partner and Director of the International Trademark Practice at ELZABURU