Update on Trademark Protection in Jersey, Guernsey, Gibraltar and the Isle of Man

Due to Brexit, some small island countries have undergone relatively large changes in trademark protection, such as Commonwealth member states such as Jersey, Guernsey, Gibraltar and the Isle of Man.

• Jersey

Jersey is a self-governing Crown dependency with its own legal system, including intellectual property law.

Effectiveness path: UK trademark registration and UK international trademark designation

• Only the owner of a UK registered trade mark can apply for local re-registration based on the UK trade mark. The application can be made at any time during the validity period of the UK trade mark and will expire at the same time as the UK trade mark.
• On the other hand, a UK-designated international trade mark (once registered) is automatically protected in Jersey without the need to re-register locally.
• EUTM registration and EU international trademark designation

Although the EU Trademark Regulation was incorporated into Jersey's legal system in 2000, it was subsequently repealed in April 2009, thereby canceling the automatic protection of EU Trademarks in Jersey. In March 2024, Jersey announced that EU Trademarks would no longer automatically extend to Jersey from April 2009. From this date, the only way to obtain protection in the island is through the formal registration of the UK national trademark, or the automatic designation of the UK international trademark.

• Guernsey

The Bailiwick of Guernsey, which comprises the island of Guernsey and the neighbouring islands of Herm and Yegou, Alderney and Sark, is a self-governing Crown dependency with its own legal system, including intellectual property law.

In March 2016, Guernsey introduced a single trade mark application process. From January 2021, Guernsey can also be designated in international trade mark applications.

Therefore, neither a UK trade mark nor an EU trade mark registration automatically provides protection in Guernsey. To obtain trade mark protection in Guernsey, a separate registration must be made in Guernsey.

• Gibraltar

Gibraltar is a British overseas territory and an independent member of the Commonwealth. Trademark protection in Gibraltar can be obtained through the following means:

Entry routes: UK trade mark registration and UK international trade mark designation

Trade mark owners can apply for local re-registration in Gibraltar based on the UK trade mark registration. The application can be made at any time during the period of registration of the UK trade mark and will expire together with the UK trade mark.

International trade marks in the UK filed after 1 January 2021 will automatically extend their valid trade mark to Gibraltar.

EUTM Registrations and International Trademark Designations Since the UK’s exit from the EU on 1 January 2021, EUTMs and International Trademark Designations no longer automatically provide protection in Gibraltar.

• Isle of Man

UK trade mark registrations automatically extend to provide protection in the Isle of Man.