Jersey becomes a separate designation under the Madrid System from 1 August 2026

Businesses seeking international trade mark protection will soon need to take an additional step when extending protection to Jersey.

From 1 August 2026, the World Intellectual Property Organization (WIPO) will introduce changes to the Madrid System that mean designating the UK in an international trade mark application will no longer automatically extend protection to Jersey.

Instead, Jersey will become an independent designation under the Madrid System, requiring applicants to select the island if active protection is required.

Changes to trade mark protection in Jersey #

Until now, businesses designating the UK in an international application, subsequent designation or renewal have automatically obtained protection covering Jersey.

If protection is required in Jersey after 1 August 2026, applicants will need to designate it separately when:

• Filing a new international application
• Making a subsequent designation
• Renewing an international registration

Jersey will also become its own Office of origin under the Madrid System. This means applicants based in Jersey will file international applications through the Jersey Registrar of Intellectual Property, rather than the UK Intellectual Property Office.

New filing requirements for Jersey under the Madrid System #

WIPO has confirmed that designating Jersey will be subject to its own individual fee. The applicable fees will be published on WIPO's Madrid System Individual Fees page once confirmed.

Applicants will also be required to declare that they intend to use the trade mark, or permit its use, in relation to the goods and services covered by the application or registration. This declaration will be incorporated into the relevant Madrid System forms.

What does this mean for existing registrations? #

For many businesses, no immediate action will be required. WIPO has confirmed that international registrations designating the UK and recorded before 1 August 2026 will be treated differently depending on their status.

Where UK protection has already been granted #

No action is needed. WIPO will automatically record a separate designation for Jersey, after which the UK and Jersey designations will operate independently.

Where the UK protection process is still ongoing #

If the UK refusal period has not yet expired, WIPO will wait until the UK states grant of protection, or a final decision granting total or partial protection, before recording the Jersey designation.

Where UK protection has been refused or invalidated #

If the UK designation is ultimately refused or invalidated, WIPO will not record a Jersey designation.

What should businesses do? #

From August, businesses filing new international applications, extending existing registrations or renewing protection should consider whether Jersey forms part of their commercial strategy and ensure it is designated, where appropriate.

Reviewing international filing strategies can help to avoid unintended gaps in protection and ensure trade mark portfolios continue to reflect where a business operates or plans to expand.

Businesses should also ensure their wider trade mark portfolios remain under review, particularly in light of changes to proof of use requirements following Brexit.

If you would like advice on how these changes may affect your international trade mark portfolio, please get in touch with your usual Murgitroyd attorney or a member of our trade mark team.

For further information on the changes, visit WIPO’s website.