Sophie Peat
Partner | Legal
Cayman Islands
Sophie Peat
Partner
Cayman Islands
Jersey becomes a standalone trade mark jurisdiction: what this means in practice
ON THIS PAGE
Jersey will soon see landmark modernisation of its intellectual property regime. Brand owners, innovators or businesses with a presence in Jersey and/or seeking to expand into international markets are set to benefit from the new legislation, which was brought forward in response to the needs of an increasingly globalised economy.
From 1 August 2026, Jersey will introduce a new trade mark regime under the Trade Marks (Jersey) Law 2026 (the Law). The Law moves from a secondary registration system (a UK trade mark had to be registered first and extended to Jersey) to a modern primary trade mark registration system that will allow direct trade mark filings in Jersey for the first time.
Existing secondary registrations will be grandfathered into the new Register and continue to be protected so long as they are maintained under the new Law.
The new regime is not simply a technical change. It affects how Jersey should be approached within international trade mark filing strategies going forward.
The shift from UK dependency to local registration
Historically, trade mark protection in Jersey has been secured through:
- the re-registration of an existing UK registered trade mark in Jersey; and/or
- the automatic protection of an International registration (IR) designating the UK secured via the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (the Madrid Protocol)
The registration process has therefore been automatic and without any substantive examination conducted locally in Jersey. This will change on 1 August 2026.
After this date, Jersey will operate a primary registration system. Applications will be filed directly in Jersey and the Registrar will carry out formal and substantive examination locally.
A transitional safeguard applies to existing international registrations extending to Jersey via a UK designation, which will automatically convert to Jersey designations (JE). No action is required by rights holders.
Brand owners can no longer rely on the extension of UK registered rights for protection in Jersey. Effective 1 August, Jersey becomes a jurisdiction that must be considered in its own right as part of a conscious filing decision and an intentional choice in international trade mark portfolios.
What changes in practice?
Trade mark applications will require a more considered approach. The timeline from filing to registration will be longer than it was before, due to the new requirements for local examination, publication and opposition. In particular, applicants must consider:
- drafting specifications of goods and services using the Nice Classification
- engagement with possible objections during the examination phases
- monitoring of the publication period (a period of two months extendable on application to three months) and any oppositions that may be filed by third parties
A new digital registry
The regime will be supported by a digital IP Registry operated by the Jersey Financial Services Commission.
The system is intended to provide direct online filing and case management, improved visibility of deadlines and application progress, and a more transparent trade mark register.
What should you do now?
- review existing trade mark portfolios to identify any current Jersey protection as well as any gaps in protection
- check transitional provisions relating to existing trade marks to confirm ongoing protection
- appoint a law firm, such as Ogier, to act as your registered agent under the new Law and manage your existing portfolio
What does Jersey's new trade marks law (effective 1 August 2026) mean for you?
| What trade marks rights do you own currently? | What rights will you have under the new trade marks law? |
| Existing Jersey registered trade mark (based on a UK trade mark registration under the Trade Marks (Jersey) Law 2000) |
Your existing registered rights will continue to be in force in Jersey until the date on which the registration of the underlying UK trade mark expires, unless the registration is renewed directly in Jersey in accordance with the provisions of the new Law, thereby further extending the life of the trade mark. If your Jersey registration fell due for renewal in the six‑month period prior to 1 August 2026 and was not renewed before commencement, you may still renew it during the 12‑month period following the renewal date of the underlying UK trade mark, provided that the UK right has been renewed. |
| Pending applications for re-registration in Jersey (based on a UK trade mark registration under the Trade Marks (Jersey) Law 2000) | The application will be processed under the Trade Marks (Jersey) Law 2000 as if it had not been repealed and the trade mark will be registered under the new Law. |
| UK trade mark not re‑registered in Jersey before 1 August 2026 | You will not have protection in Jersey under the new Law. You must apply to protect your trade mark in Jersey under the new Law. |
| International registration designating the UK | Your existing international registration designating the UK will automatically transition to a Jersey (JE) designation without any action required. If the UK designation of your international registration is still pending on 1 August 2026, it will automatically gain protection as a JE designation once it becomes a protected international trade mark in the UK. |
| International registration designating the EU | International registrations designating the EU have never provided protection in Jersey. Furthermore, EU trade mark registrations have not extended to Jersey automatically since 12 April 2009. |
| No relevant trade mark rights | You will need to file a trade mark under the new Law to seek protection or file an International Application designating Jersey. |
How Ogier can help
Ogier advises on trade mark protection across Jersey and other key offshore jurisdictions.
We can support with trade mark portfolio reviews and transition planning, new applications under the 2026 regime and ongoing management and maintenance of your Jersey trade mark portfolio.
Contact Sophie Peat, Ogier’s intellectual property specialist, to find out more.
Key contacts
About Ogier
Ogier is a professional services firm with the knowledge and expertise to handle the most demanding and complex transactions and provide expert, efficient and cost-effective services to all our clients. We regularly win awards for the quality of our client service, our work and our people.
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
Sign up to receive updates and newsletters from us.
Sign up