In a declaration in March 2024, as a part of the consultation on primary trade mark legislation, the Government of Jersey has announced that EU Trade Marks (EUTMs) will no longer provide protection for trade marks in Jersey. The announcement goes further in stating that existing EUTM registered marks have in fact not been subject to protection since 12 April 2009. As such, the owners of EUTMs may need to seek alternative protection if this is a key territory.
The situation in Jersey has always been complex: the EUTM never covered Jersey as such, as it is a Crown Dependency. However, for the period from October 2000 to April 2009, EUTMs were given equivalent protection in Jersey.
For International Registrations under the Madrid Protocol, the situation has yet further nuances:
- If the IR designates the UK, then Jersey is covered and always has been;
- If the IR designates the EU, then even when the UK was an EU member such designations were never protected in Jersey.
Hence, the only way now to secure trade mark protection in Jersey is first to have a UK registration (which includes a “comparable registration” split off from an EUTM at Brexit), and then file for registration in Jersey. Applications can be at any time during the life of the UK trade mark and will expire with the UK trade mark.
For further advice, please contact your usual representative at Boult or Felicity Hide.
