Important Change for Trade Mark Owners: Jersey Becomes a Separate Designation Under the Madrid System from 1 August 2026

From 1 August 2026, Jersey will become an independent designation under the World Intellectual Property Organization (WIPO) Madrid System for the international registration of trade marks. This is a significant procedural change that will affect brand owners who hold, or are applying for, international trade mark registrations, and particularly those with commercial interests in the Channel Islands.

What is the Madrid System?

The Madrid System is administered by WIPO and allows brand owners to seek trade mark protection in multiple countries through a single international application. Applicants designate the territories in which they wish their mark to be protected, and each designated territory’s office then examines the application under its own national rules.

Up until 31 July 2026, designating the United Kingdom in an international trade mark application, or in a subsequent designation to expand protection, automatically extended protection to England, Wales, Scotland, Northern Ireland, Isle of Man, Jersey, Gibraltar and the Falkland Islands. This meant that brand owners looking to obtain trade mark protection in Jersey did not need to take any separate steps to obtain protection in Jersey if they held an international registration designating the UK. This is now going to change bringing it in line with the protection afforded by a national UK trade mark registration which does not offer automatic protection to Jersey.

At the moment, a national UK trade mark registration provides protection in England, Wales, Scotland, Northern Ireland, Isle of Man and the Falkland Islands. Other territories require either a completely new independent local trade mark registration to be completed or a re-registration of a UK trade mark in which the local trade mark application can be based on a UK mark.

What are the changes from 1 August 2026?

From 1 August 2026, designating the UK in a Madrid System application will no longer automatically cover Jersey. Instead, Jersey will be a separate designation in its own right. This means that, to obtain trade mark protection in Jersey going forward, applicants will need to expressly designate Jersey, whether in a new international application, a subsequent designation, or at the point of renewal of an existing registration.

When designating Jersey, applicants must make a declaration of intent to use the trade mark, or to permit its use with their consent, in respect of the goods and services covered by the application or registration.

What happens to existing registrations?

Existing international registrations that currently designate the UK will be transitioned automatically, subject to the following:

• If the UK designation is already protected by 1 August 2026 (i.e. a statement of grant of protection has been issued, or the refusal period has expired without a refusal), WIPO will automatically record a separate Jersey designation to the registration. From that point, the Jersey and UK designations will operate independently of each other. This means, for example, that a subsequent cancellation of one will not automatically affect the other.
• If the UK refusal period has not yet expired when the change takes effect, WIPO will only record a Jersey designation once the UK issues a statement of grant of protection or a final decision granting total or partial protection.
• If the UK designation has been refused or invalidated, no Jersey designation will be recorded.

What action should brand owners take?

Brand owners and their advisers should review their existing international trade mark portfolios before 1 August 2026 to understand their current position in Jersey and the impact of the changes.

Key considerations include:

• New applications filed on or after 1 August 2026 should include an express designation of Jersey if protection in Jersey is required.
• Renewals of existing registrations that include a UK designation should include Jersey as a separate designation if protection in Jersey is to be maintained. Jersey will no longer be carried forward automatically through the UK designation.
• Brand owners with customers, clients, or commercial activity in Jersey, including those in the finance, private wealth, and asset management sectors, should pay particular attention to this change given Jersey’s significance as an international financial centre.

How we can help

Edwin Coe’s Intellectual Property team regularly advises clients on the management of international trade mark portfolios, including filing and prosecution strategies across multiple jurisdictions.

If you have any questions about how these changes may affect your trade mark portfolio, or if you would like us to review your existing registrations in light of these developments, please contact Karen Lee or any member of our Intellectual Property team.