The scope of protection offered by a UK designation of a Madrid Protocol registration will shortly be changing due to an upcoming development in the intellectual property laws of Jersey.
The Madrid Protocol, often referred to as an International Registration or an IR, is a popular way of securing trade mark protection in multiple jurisdictions due to its cost efficiency and central administration through the World Intellectual Property Office (WIPO).
Currently, a UK designation of an International Registration will automatically extend protection to include coverage for Jersey, unlike national UK trade marks which currently require local re-registration in Jersey to have effect there.
However, this position is set to change from 01 August 2026. An overview of the upcoming changes is included in the table below.
Notably for UK right holders, from 01 August 2026, Jersey will cease to be covered automatically by UK designations of International Registrations. Instead, Jersey will become a designatable territory in its own right and must be designated separately to the UK if protection is required there.
Holders of existing International Registrations with granted UK designations will automatically have a comparable designation for Jersey created from 01 August 2026 at WIPO. If a UK designation is still pending on 01 August 2026, a comparable designation will be created once the UK designation becomes granted.
The newly created Jersey designation will then be independent from its corresponding UK designation. As a result, each designation will need to be renewed separately in order to maintain protection in either or both jurisdictions.
Some key practical considerations for both trade mark owners and representatives to review ahead of the upcoming changes include:
- If protection for a trade mark is required in both the UK and Jersey, right holders may wish to record a UK designation before 31 July 2026. This may provide a cost-effective way to obtain protection in both jurisdictions as UK designations which are pending at the time of the change will lead to the creation of comparable designations in Jersey when the UK designation is granted.
- The comparable Jersey designation which will be created on 01 August 2026 will need to be renewed and enforced separately. Rights holders and their representatives should therefore ensure that their portfolio management and renewal records are updated to reflect the creation of the independent Jersey designation.
- It is possible to file the renewal of International Registrations 6 months in advance – it is worth considering renewing any International Registrations which designate the UK and are due for renewal by 31 January 2027 by 31 July 2026 to avoid incurring additional renewal costs of the separate Jersey designation if continued protection is required there.
| Issue | Current position | Position from 1 August 2026 |
| Local system | Jersey’s existing system is based on secondary registration/re-registration linked to other rights, in particular UK rights. | Jersey will operate a primary trade mark registration system. Right holders will be able to obtain national protection in Jersey without the need to register in the UK first. |
| Madrid designation of the UK | A UK designation automatically extends to Jersey. | A UK designation will no longer cover Jersey. |
| How to obtain Madrid protection in Jersey | No separate Jersey designation is needed where protection flows from a UK designation. | Jersey must be expressly designated, either when filing a new international registration or later by subsequent designation. |
| Existing UK Madrid designations | Existing UK designations currently cover Jersey. | Where UK protection has already been granted before 1 August 2026, WIPO has indicated that a Jersey designation will be recorded automatically. If the UK designation is still pending, Jersey will only be recorded once UK protection is granted. If the UK designation is refused or invalidated, Jersey will not be recorded. |
| Renewal point | Jersey has not been dealt with as a separate Madrid designation where protection follows the UK designation. | Where Jersey is recorded as a separate designation, including under the transitional arrangements, separate Jersey fees will need to be considered on renewal. |
| Jersey applicants | Jersey has not operated as an independent Madrid Office of origin. | Jersey-based applicants will be able to file Madrid applications through the Jersey Registrar of Intellectual Property. |
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