Trade Marks (Jersey) Law 2026:
Practical guidelines & recommendations
On 01 August 2026, Jersey will introduce new primary trade mark legislation to replace the existing system that relies on extension of granted UK rights. At the same time, Jersey’s accession to the Madrid Protocol will allow independent designation of an International Registration and the new Jersey IPO will become an office of origin for local applicants. Much of the law has been modelled on the UK Trade Marks Act 1994, with transitional provisions in place to ensure continuity of rights as the new law is introduced. We set out below various practical implications of the new law, as well as our own recommendations on what action to take before the law enters into force.
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All existing registered trade marks on the Jersey Trade Marks Register will be automatically placed on the new Register on 01 August 2026. These will no longer be reliant on a base UK trade mark, such that withdrawal or lapse of the UK registration will not affect the Jersey right. The base date for calculation of registration and renewal term will not change. No action is required.
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All existing UK designations of International Registrations which have already been granted protection in the UK will be automatically placed on the Jersey Register on 01 August 2026. A separate Jersey designation will be created with the details as the UK designation. If the Jersey designation is of interest to the owner, a separate renewal fee will be payable to maintain it via the usual WIPO channel.
UK designations that are still pending on 01 August 2026 will be added to the Jersey register once they grant. However, if the UK designation is refused, it will not be added to the register and a new subsequent designation of Jersey, or a direct national application, will be required to obtain protection.
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National UK trade marks do not automatically cover Jersey. However, due to Jersey’s complex relationship with the UK, it is quite possible that brand owners incorrectly believed that they do, especially as UK designations of International Registrations do. If an applicant only owns a national UK trade mark, and require protection in Jersey, they must file a new application directly with the Jersey Registry or via the Madrid system. From 01 August 2026, it will no longer be possible to base the Jersey application on a granted UK trade mark, although priority claims are provided for.
The official fees are increasing with the introduction of the new law, and in most cases will match those of the UKIPO. This will also mean additional classes will attract their own fee for the first time. As such, and with the introduction of substantive examination and opposition provisions, we recommend filing in Jersey before 01 August 2026 to take advantage of lower fees and a smoother route to grant. A certified copy of the granted UK trade mark will be required until 01 August, but not under the new law. It is important that the UK certified copy is available to file at the Jersey Registry before this date; otherwise the application will be refused.
New applications in Jersey
New applications no longer need to match any UK trade mark. Registration will be valid for ten years from the local date of filing, and renewable for subsequent ten-year terms. Priority can be claimed within six months of a first filing date. A bona fide intention to use the trade mark is required; actual use is not.
Goods and services will be examined in line with the most recent version of Nice classification (13th edition), as revised. Whilst examination is independent, we generally expect that specifications accepted at the UKIPO will be accepted in Jersey.
Examination will be on absolute grounds, whilst the Registry will notify owners of existing rights upon publication of a trade mark they deem similar. This includes owners of the newly created IR(JE) designations.
The opposition period will be two months, extendable by another month on request. The law matches the UK’s timeframes for opposition proceedings, including the cooling-off period provision (nine months, extendable to eighteen months on agreement of both parties).
The official fees will largely match the UK fees, which represents a significant increase from the current fees. Again, brand owners may choose to file in Jersey under the current law (before 01 August 2026) to take advantage of the lower fees.
New International Registrations designating Jersey
Jersey will be available as a separate designation via the Madrid Protocol from 01 August 2026, with a 12-month time limit for refusal of International designations.
Jersey will also be available as an office of origin for applicants with an established place of business in Jersey.
Renewal of Jersey trade marks
The new law provides certain transition provisions for the renewal of existing national Jersey registrations. These primarily serve two purposes:
Gradual shift to a 6-month grace period from the current 12-month allowance
No disadvantage to owners if the new online system creates delays
The provisions are set out below:
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The current law allows registrations to be renewed within 12 months after the expiry date. Furthermore, if the trade mark has not been taken off the register, it is still possible to renew. However, the new law introduces a 6-month grace period, meaning any registration in this 12-month period which has not yet been renewed will lapse on 01 August 2026. These registrations, if still of interest, should be renewed immediately.
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On 01 August 2026, these registrations will be considered expired and will not automatically be added to the new register. However, they can be renewed under the transition provisions of the new law (Schedule 3, Paragraph 3) within 12 months of the original renewal date. The new fees will apply, though a certified copy of the UK trade mark will still be required. Therefore, the base UK trade mark must also be maintained.
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Registrations falling due within the first 6 months of the new law will have a 6-month grace period, as well as 6-month restoration provisions. However, to alleviate any issues caused by delays in implementation of the new law, renewal of these registrations will not incur a late fine if paid by 31 January 2026. The new fees will apply and a certified copy of the UK trade mark is no longer required.
Early renewal of registrations expiring between 01 August 2026 and 31 January 2027
The current law allows for early renewal of registrations within 6 months of the expiry date. Registrations falling due for renewal within the first 6 months of the new law can therefore be renewed early. We recommend doing so to avoid the higher official fees that will come into effect on 01 August 2026. A certified copy of the base UK trade mark is required if renewing before this date.
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These registrations will be renewed under the new law, with a 6-month grace period and 6-month restoration provision.
The renewal provisions are summarised in the table below.
Address for service
It will be necessary to appoint a Jersey address for service to act at the Jersey IPO, if the applicant is not based in Jersey.
Searches
The online platform will be accessible to all for basic search data. We understand “similar” searches are possible via the platform.
Online platform
All formality actions (application, renewal, recordal, search) will be managed via the new online platform run by the Jersey IPO, with payments made electronically.
Document requirements
Jersey registrations will no longer be associated with the base UK trade mark; therefore, a certified copy of the UK trade mark will not be required. Powers of Attorney are not required. Similarly to the UK, recordals will not need documentary evidence unless specifically requested by the Jersey IPO. If this is the case, scanned, simply signed copies will suffice.
Fees
As previously stated, official fees are increasing under the new law and will largely match those of the UKIPO. Our fee schedules for actions before and after the introduction of the law are available on request.
Summary: actions required
We recommend immediate review of trade mark portfolios and taking the following action before 01 August 2026:
If no current Jersey protection, file new UK-based applications to avoid higher fees.
If current Jersey registrations have expired but are in the existing 12-month grace period, renew before 01 August 2026 to avoid lapse.
If existing Jersey registrations are due for renewal before 31 January 2027, renew before 01 August 2026 to avoid a fee increase.
Need advice on how the new Jersey trade mark law affects your business?
Whether you need to renew an existing registration, file a new application or understand how the changes affect your international trade mark strategy, our specialists are here to help.
