Trade mark protection in Jersey – a clarification
Posted:
The Government of Jersey has provided clarification with regard to the protection of European Union Trade Marks (EUTMs) and International Trade Marks in Jersey.
EUTMs
EUTMs do not provide protection in Jersey and haven’t since the Community Trade Mark Regulation was amended on 12 April 2009.
International Trade Marks
International Trade Marks designating the EU are not (and never have been) automatically protected in Jersey. The government clarified that any reference to “protected international trade mark” in the Trade Marks (Jersey) Law 2000 (TMJL) could only be a reference to a UK designation of an International Registration (IR). There is no provision in the TMJL for EU designations of an IR to cover Jersey. On the other hand, a UK designation of an IR automatically covers Jersey.
How to obtain trade mark protection in Jersey
If you would like to seek protection of a trade mark in Jersey, it is possible to do so by re-registration of an existing UK trade mark (which includes “comparable” or “cloned” UK trade marks which were automatically created after the Brexit transition period). An application to register a trade mark in Jersey can be made at any time during the life of the UK trade mark and will expire at the same time as the UK trade mark.
Alternatively, protection can be obtained by filing an International Trade Mark designating the UK. As noted above, a designation of the UK via the international trade mark route also provides protection in Jersey without the need for re-registration.
If you would like any further advice or assistance with obtaining trade mark protection in Jersey, please contact a member of the Forresters’ trade mark team.
London
acunningham@forresters-ip.com
