Jersey: Major Changes To Trademark Regime From August 1, 2026

Significant changes to Jersey's trademark regime come into force on August 1, 2026. From that date, it will no longer be possible to re-register U.K. national marks in Jersey. Likewise, international marks designating the U.K. will no longer automatically extend to Jersey. Instead, separate applications/designations for Jersey will be required.

What's the new national regime?

Historically, protection in Jersey has been dependent on first having a U.K. registration, which is re-registered in Jersey. From August 1, 2026, that system ends. If protection in Jersey is required, a separate application must be filed at the newly-established Jersey IPO (run by the Jersey FSC). The legal and procedural aspects of the new Jersey regime will largely follow those in the U.K. In particular:

• Multi-class applications will be possible in Jersey (allowing applicants to seek protection for goods and services across multiple classes in a single application). The Nice Classification will apply.
• Priority can be claimed.
• Applications will be examined for compliance with formal requirements and absolute grounds.
• There will be a formal opposition period of two months (extendible to three months, on request), allowing third parties to object to the application on both absolute and relative grounds (including under the law of passing off).

What's the new international regime?

International marks designating the U.K. will no longer automatically extend to Jersey. Instead, from August 1, 2026:

• Jersey will become a separate designation under the international system—applicants wishing to obtain protection in Jersey must specifically designate Jersey.
• A Jersey national application/registration will be capable of serving as a base for an international application. This will assist Jersey businesses/individuals who, until now, have needed to meet the domicile/establishment rules in the U.K. to file an international application based on a U.K. mark.
• Applicants can file international applications through the Jersey IPO (as an Office of Origin).

What about existing rights?

There should be no loss of rights. In particular:

• Existing Jersey trademark registrations based on the re-registration of a U.K. mark will automatically be transferred to the new register by the Jersey IPO from August 1, 2026.
• Applications to re-register U.K. marks in Jersey submitted before August 1, 2026, will continue to be considered under the old law. In other words, if the application for re-registration in Jersey is filed before August 1, 2026, and is subsequently accepted, a separate Jersey trademark registration will be created.
• WIPO will automatically record a separate designation for Jersey for all international registrations with a granted U.K. designation in existence as of August 1, 2026.
• Where a U.K. designation of an international mark is still pending on August 1, 2026, WIPO will only record a separate Jersey designation if/when the U.K. grants protection for the U.K. designation. If the U.K. designation is refused, a new subsequent designation of Jersey or a Jersey national application will be required.

Once created, Jersey registrations and designations will operate independently of the U.K. registration/designation. This means that separate renewals and recordals for Jersey will be required. It also means that loss of the U.K. registration/designation should not impact the Jersey registration/designation (once it has been created).

Do applicants need to have an intention to use?

Applicants for Jersey marks must declare an intention to use the mark in Jersey or permit its use for all goods and services applied for (in the same way that applicants for U.K. marks must).

What will Jersey applications/designations cost?

The official fees for Jersey national trademark applications are available here and for Jersey designations of international marks are here.

Do EUTMs cover Jersey?

EUTMs do not cover Jersey. The Government of Jersey clarified in a 2024 industry note that this protection had ceased (for both existing and future EUTMs) following amendments to the EU Trade Mark Regulation in 2009. Businesses should not therefore rely on EUTMs to confer protection in Jersey—separate protection should be obtained.

What does this mean for you?

We recommend reviewing your trademark portfolio before August 1, 2026, to understand how this change affects you. In particular, consider:

• Re-registering in Jersey now. Those with existing U.K. registrations not yet re-registered in Jersey may wish to re-register them there before August 1, 2026, to benefit from the easier and cheaper route to protection in Jersey. A certified copy of the U.K. registration is required.
• Portfolio updates. Portfolios/databases should be updated to reflect the fact that trademarks in Jersey will be separate, standalone rights (requiring separate renewal, licensing, and assignment, etc.).
• Watching. It might be necessary to update your watching service to cover Jersey.
• Processes should be amended to make sure that a separate Jersey application or designation is considered for new brands/brand extensions.
• Strategy. Consider whether your existing/new Jersey rights are aligned with your commercial needs, particularly where you have customers, clients, or operations in Jersey.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.