Trade Marks

Do EU trade marks cover Jersey?

May 17, 2024

In March 2024, the government of Jersey clarified its position in regards to the protection of European Union trade marks (EUTMs) and international trade marks through the Madrid Protocol. As a result of this new position, businesses should review their current trade mark portfolio and additionally seek alternative forms of protection in Jersey.

The government of Jersey has stated that EUTMs no longer cover Jersey. Furthermore, the government of Jersey also confirmed that EUTMs have not covered Jersey since April 2009. Therefore, a business that has been relying on their EUTMs for protection in Jersey now have a large ‘hole’ in their protection (since April 2009). In this same declaration it was also clarified that EU designations of international trade marks were never given protection in Jersey. It is therefore crucial that businesses immediately seek protection in Jersey if they have been relying on any form of EU trade mark protection, whether this be EUTMs or EU designations of international trade marks.

Thankfully, in the government of Jersey’s declaration it was confirmed that UK designations of international trade marks are automatically protected in Jersey, and further protection is therefore not needed. However, although a UK designation of an international trade mark covers Jersey, if Jersey is a key territory of interest, we strongly advise that our guidance is sought to ensure that sufficient and suitable protection is possessed in Jersey.

If Jersey is a territory of interest, whether this be now or in the future, we recommend that our advice is sought as soon as possible to ensure that any holes in a business’s trade mark portfolio are filled. Moreover, any businesses who are (or have been) relying on EUTMs or EU designations of international trade marks for protection in Jersey, should immediately seek our guidance as they likely need to ‘re-obtain’ protection in Jersey.