Jersey - Direct, Independent Trade Mark Applications and Madrid Protocol Accession
From mid-2026, trade mark protection in Jersey will operate on an entirely new footing. The introduction of direct, independent trade mark applications, alongside Jersey’s accession to the Madrid Protocol, marks a clear shift away from reliance on UK registrations and towards a self-contained, internationally aligned system.
While the objective is greater autonomy and clarity, the practical impact for brand owners and advisers will depend on how these new routes are used, how transitional arrangements are managed and how existing portfolios are structured in response. Early understanding of the new framework will be key to avoiding unintended gaps in protection.
Why reform Jersey’s trade mark system?
Jersey’s current trade mark regime is governed by the Trade Marks (Jersey) Law 2000, a system built around secondary registration. Under this model, trade mark protection in Jersey depends on either extension of existing UK registrations, or automatic coverage from International Registrations (IRs) made via the Madrid Protocol that designate the UK. There was also a period where Jersey was automatically covered by EU trade marks (see our previous article here).
However, this structure has long been recognised as outdated. It limits independence, inhibits local businesses that may not otherwise need UK protection, and falls short of modern international norms for IP systems. Recognising this, the Government launched multiple consultations, culminating in the legislation that was unanimously passed by the States Assembly on 25 November 2025.
Royal Assent from the UK Privy Council has since been received – a requirement for primary legislation in the island – paving the way for the law to enter into force via a Commencement Order signed by the local States Minister responsible.
The new Trade Marks (Jersey) Law: Key features
1) Introduction of primary registration in Jersey
The centrepiece of the draft law is the creation of a primary trade mark registration system. This removes the requirement for a UK base registration and enables businesses to obtain trade mark protection directly in Jersey. Existing UK-based registrations will automatically move onto the trade mark register once the law comes into effect.
This aligns Jersey with its Channel Island neighbour, Guernsey, and most independent nations, which operate full‑fledged trade mark offices with examination procedures, publication, and opposition periods. It also allows Jersey to tailor its own decision‑making without reliance on foreign registries.
2) Ending automatic coverage via UK designation
Under the current regime, Madrid Protocol registrations designating the UK automatically extend to Jersey. The new law will remove this automatic effect, meaning that protection will require direct designation in future.
Transitional provisions contained in the new law ensure that existing IR(GB) designations will automatically be granted protection in Jersey as IR(JE) designations.
3) Extension of the Madrid Protocol to Jersey
The law provides protection for International Registrations, and approval to request extension to Jersey of the UK’s membership of the Madrid Protocol was given on 03 February 2026. Extension is expected to be in place by the time the law comes into force.
The key benefits to rights holders are:
- As a designated territory, global applicants can directly select Jersey as part of their international trade mark filings;
- As an office of origin, Jersey businesses are given the ability to use the Madrid system to secure cost-effective international protection.
4) Establishment of a new IP Registry
Administration of trade marks will move from the Judicial Greffier to a dedicated IP Registry within the Jersey Financial Services Commission (JFSC), so centralising trade marks, patents, and registered designs under one authority. This shift supports digital modernisation, increased expertise, and more efficient processing.
5) Alignment with international standards
The legislation has been modelled closely on the UK’s Trade Marks Act 1994, ensuring familiarity for practitioners and compatibility with best international practice. More specific features of the new law will be clarified by secondary legislation, which is expected to be published in the coming months.
Implications for rights holders
- For local businesses, a primary registration system removes the costly and time‑consuming requirement to first seek UK registration. This will benefit businesses that are operating solely or primarily within Jersey’s local market.
- Owners of existing IRs designating the UK must prepare for the end of automatic coverage to Jersey, although transition provisions will allow for continued coverage as national rights. Future protection will require separate designation of Jersey.
- UK brand owners with business presence in Jersey may benefit from a more sheltered home registration for future international registrations.
- For practitioners, the introduction of examination, opposition, and a local IP Registry will mean a more predictable, transparent and modern legal environment, although in practice may also lead to longer timescales for registration.
Whether you are a Jersey business owner, or manage the IP portfolio for a global brand, we would be pleased to discuss the next steps for obtaining the best protection in Jersey. Please reach out to your usual Lysaght contact or email admin@lysaght.co.uk.
