In Jersey, trademark protection is simple and quick, yet until now it could only be obtained by extending a British registration or through the Madrid Protocol designating the United Kingdom.
Back in 2024 we announced in Our blog reported that the country's administration was working on creating its own independent trademark registry.whose implementation was expected in the near future. Well, that moment will arrive on August 1th, 2026, the date announced for the opening of the Jersey Trademark Registry.
What changes in trademark protection in Jersey?
As of August 1, 2026, Jersey may be designated directly and independently to the Jersey office or as a designation through the Madrid System. This will allow brands to be protected in this territory without necessarily depending on the United Kingdom.
From then on, the new office will act as the administrator of trademark rights in the country, as the office of origin to extend trademarks through the Madrid System, and as a Contracting Party if designated in an international application.
This development is relevant for international trademark holders, as they will be able to include the country as a specific territory within their protection strategy, especially when there is activity directed at this market.
Declaration of intent to 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 statement of intent to use and therefore we will have to comply with the formalities that the office decides to require.
This requirement should be kept in mind from the outset, because it's not simply a matter of adding a new territory to an international application. The Jersey designation must be aligned with a realistic forecast of trademark use in the country and with the formal requirements ultimately established by its office.
What will happen to existing trademark rights in Jersey?
Whenever changes of this magnitude occur, the most immediate question, and the one that generates the most concern, is how the new developments fit into the previous status quo.
It is presumed that the rights obtained in Jersey prior to the extension of a British trademark will remain unchanged, although it remains to be seen how the interdependence of the two will be addressed. I venture to predict that the right will continue independently, maintaining the priority dates of the British trademark.
As regards international trademarks designating the United Kingdom that are already registered on the effective date, i.e., 1 August 2026, a smooth transition is foreseen through a sort of “pseudo cloning"of the designation in the British mother, in a new daughter in Jersey."
Files in process before August 1, 2026
In cases that are pending before the date of entry into force, independent protection will be recognized in Jersey once the registration procedure in the United Kingdom has been completed; if this is not granted before August 1, no right will arise in Jersey.
However, it should be understood that, from August 1, 2026, an appointment may be made. scratch already independent in Jersey, which would not be harmed by the events that occurred in the United Kingdom.
But what will happen to proceedings that are underway on August 1st and are ultimately rejected in the UK after August 1st? In my opinion, these will have no effect in Jersey and will necessarily have to be replicated directly in the new jurisdiction.
What should companies with international brands review?
From a practical standpoint, this change suggests reviewing international portfolios before the new system comes into effect. It's advisable to identify which trademarks are currently protected in Jersey by extension of a UK law, which UK designations are still pending, and in which cases it might be beneficial to apply for a separate Jersey designation from August 1, 2026.
La Incorporation of Jersey as a proper designation within the Madrid System It offers greater clarity and flexibility, but also requires at least a review of existing rights to avoid problems. For companies with interests in this area, anticipating these issues will be the best way to avoid doubts about the actual scope of their trademark protection.
Cristina ArroyoAssociate Partner and Director of the area of brands abroad from ELZABURU
