Circular No. 355: Trade Mark Protection in Jersey and Guernsey. The Channel Islands

We are pleased to advise that it is no longer necessary to file powers of attorney when applying for the registration or maintenance of trade marks in Jersey. This clearly simplifies the procedure as we are able to sign the relevant forms on behalf of the owner.

There have been other significant changes in Jersey (but not Guernsey) in the last few years and we take this opportunity to summarise the current situation in the Channel Islands. In this respect we should explain that insofar as Industrial Property is concerned, the geographical area of the Channel Islands is divided into two jurisdictions namely (i) Jersey, and (ii) Guernsey (which includes the other smaller islands). Each has its own legislation and Trade Mark Registry.

Jersey - The Trade Marks (Jersey) Law 2000

Prior to the introduction of the new Law on 1st October 2000, the only way in which protection could be obtained was by the extension of a United Kingdom national registration. However, with the introduction of the new Law this situation changed.

Trade mark protection can now be secured in three different ways:

United Kingdom national registrations can still be extended to Jersey. Such extension is not automatic and proprietors must continue to apply for registration in this jurisdiction.

The only document we require is a certified copy of the corresponding national United Kingdom registration issued by the U.K. Patent Office which we can obtain if you wish.

Duration of Registration:

The duration of a local registration is dependent upon that of the United Kingdom registration upon which it is based. The effective or base date is the date of filing in the U.K. and renewal falls due on the same date as in the United Kingdom.

Delay in Issue of Certificate:

Official certificates are currently issued within two weeks of the date of application.

2. Community Trade Marks:

The new law provides that all Community Trade Marks automatically extend to Jersey regardless of the date of registration. There is no need for owners of such registrations to take any action whatsoever in Jersey.

3. Madrid Protocol Registrations:

The new law provides that all International Registrations in which the UK has been designated automatically extend to Jersey regardless of the date of registration. There is no need for owners of such registrations to take any action whatsoever in Jersey.

Guernsey - The Patents, Designs and Trade Marks (Bailiwick of Guernsey) Laws, 1922 to 1995

There has been no corresponding change in trade mark legislation in Guernsey, and neither Community Trade Marks nor International Registrations are recognised at the present time. In terms of the Guernsey trade mark law, therefore, local re-registration based on a United Kingdom national registration remains the only option. We understand that the law in this area is currently under review but we do not anticipate any rapid progress.

Documents Required:

The only document we require is a certified copy of the corresponding national United Kingdom registration issued (and sealed) by the U.K. Patent Office (which we can obtain if you wish). Whilst the U.K. Registry has ceased as a general practice to issue certified copies under seal this is still required under Guernsey law, and provided the Patent Office is informed that the document is for filing in that jurisdiction they will take the necessary action.

Duration of Registration:

As in Jersey, the duration of a local registration is dependent upon that of the United Kingdom registration upon which it is based. The effective or base date is the date of filing in the U.K. and renewal falls due on the same date as in the United Kingdom.

Delay in Issue of Certificate:

Official certificates are currently issued within six months of the date of application.

We hope these brief comments are of interest but if we can be of further assistance then please let us know.

Mike Sevant

Spoor & Fisher

Date published: 2002/01/08
Author: Mike Sevant

Tags: circular no 355 trade mark protection jersey guernsey channel islands