Jersey advances intellectual property reform with modernised trade marks legislation

Draft modernised Jersey trade marks legislation is out for consultation with a deadline of 18 July 2025 for industry feedback. The proposed changes would allow for a primary registration system in Jersey and for Jersey to be directly designated in international applications.

Review the proposed changes:

Draft trade marks (Jersey) law

These changes follow the results of an earlier consultation which took place in 2023 and indicated the need for intellectual property (IP) reform to ensure Jersey legislation is in line with international standards in this era of innovation and that the value in IP is harnessed.

What are the proposed changes in Jersey's draft IP legislation?

The new legislation paves the way for a primary trade mark registration system. To date, Jersey has offered a secondary registration system only, meaning that brand owners must first secure a trade mark registration in the UK and then apply to "re-register" it in Jersey to gain protection.

Currently, international registrations (IRs) which designate the UK secured via the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol) have automatic effect in Jersey without the need for re-registration. However, the new legislation will remove this automated mode of protection. Transitional provisions have also been drafted to ensure that existing protection is phased out at the point of next renewal for trade mark owners who have, to date, relied on IRs designating the UK for protection in Jersey.

The draft legislation is largely modelled on the UK's Trade Marks Act 1994 (as amended) and customised for Jersey. It has also been drafted to ensure it meets the requirements necessary for accession to the Madrid Protocol, as Jersey would like the UK to extend that to Jersey. This will allow Jersey to be directly designated in IRs and also act as an office of origin, meaning that trade mark owners in Jersey will be able to file internationally via Madrid for the first time. The Madrid Protocol can help streamline the trade mark prosecution process when applicants wish to file in a high number of jurisdictions simultaneously. Although, quite often there is still the need to engage local counsel in one or more of the jurisdictions designated in order to address provisional refusals, oppositions and other matters that may arise.

The Judicial Greffier currently acts as Registrar of Jersey trade marks. However, the new law establishes an IP Registry under the remit of the Jersey Financial Services Commission (the JFSC), recognising the need for additional resources and expertise as well as digital infrastructure. The existing patents and registered design registries will also fall under the remit of the JFSC. There are currently no plans to move to a primary registration system for patents or registered designs.

What are the next steps for updating Jersey's IP legislation?

It is anticipated that the draft trade marks legislation will be finalised and presented to the States Assembly by Q4 2025 once all feedback from the consultation has been considered.

How Ogier can help 

Ogier's Intellectual Property team acts across the full spectrum of intellectual property rights, including brands and trade marks, copyright, industrial designs and patents, specialising in multi-jurisdictional intellectual property clearance, prosecution, exploitation and enforcement. Contact Sophie or your usual Ogier contact to learn how the firm can support your objectives with our in-depth expertise.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice