How the transitional provisions affect existing trade marks

This FAQ gives a high-level overview of Schedule 3 of the Trade Marks (Jersey) Law 2026.

It explains what happens to existing trade mark rights when the new regime comes into force and provides practical examples.

If your trade mark is not covered by the transitional provisions in Schedule 3, it is unlikely to be protected in Jersey when the 2026 Law comes into force. You may still be able to protect your trade mark by applying for registration in Jersey, either through a domestic application or an international application under the 2026 Law.

Schedule 3, paragraph 1 – Existing registered trade marks

This provision explains how trade marks registered under the Trade Marks (Jersey) Law 2000 (the 2000 Law) move to the new register.

Question

What happens to my existing locally registered trade mark if it expires on 1 October 2028 and the new law comes into force on 1 August 2026?

Answer

If you have a trade mark registered under the 2000 Law, it will automatically move to the new Jersey register on 1 August 2026.

Your trade mark will continue to be protected in Jersey and will keep its original filing date (or priority date). It will remain protected until 1 October 2028. If you renew it under the 2026 Law, protection will continue beyond that date.

Schedule 3, paragraph 2 – Registrations due for renewal in the first six months

This provision applies to trade marks that move to the new register and are due to expire in the first six months after the 2026 Law comes into force.

Question

What happens if my locally registered trade mark expires on 1 October 2026?

Answer

Your trade mark will automatically move to the new register on 1 August 2026.

Because the expiry date falls within the first six months of the new regime, you will have until 31 January 2027 to renew it and pay the standard renewal fee.

If you renew by 31 January 2027, the renewal will take effect from 1 October 2026, so there will be no gap in protection.

If you do not renew by 31 January 2027, you will still be able to renew the trade mark during the six-month grace period, which ends on 1 April 2027. An additional fee will apply.

Schedule 3, paragraph 3 – Renewal of lapsed registrations

This provision applies if a trade mark registered under the 2000 Law expired in the six months before the 2026 Law came into force and was not renewed under the old law.

Question

Can I renew my local trade mark if it expired on 13 May 2026, before the new law came into force?

Answer

Yes, in some circumstances.

If your trade mark expired on 13 May 2026, which is within the six months before the 2026 Law came into force on 1 August 2026, you may still be able to renew it in Jersey if:

  • you renewed the corresponding UK registration
  • you had not recorded that renewal in Jersey before 1 August 2026

You must apply to renew the Jersey registration within 12 months of the original renewal date. In this example, the deadline would be 13 May 2027.

If we accept the renewal, your registration will keep its original filing date (or priority date), ensuring continuity of rights in Jersey.

Schedule 3, paragraph 4 – Pending applications for re-registration in Jersey

This provision applies to applications made under the 2000 Law before the 2026 Law came into force that had not yet been decided by the Judicial Greffe.

Question

I applied to register a trade mark under the 2000 Law on 28 July 2026. What happens if the application has not been registered before 1 August 2026?

Answer

Your application will continue to be considered under the 2000 Law, even after that law has been repealed.

If the application is successful, the trade mark will be entered onto the new register and treated as registered under the 2026 Law. It will keep its original application date and any priority date.

Schedule 3, paragraph 5 – Protected international trade marks (UK)

This provision applies to international trade marks that were protected in the UK immediately before the 2026 Law came into force and therefore benefited from automatic protection in Jersey under the 2000 Law.

Question

I have a protected international trade mark that benefits from automatic protection in Jersey under the 2000 Law and is due for renewal with WIPO on 22 June 2029. What happens when the new law comes into force?

Answer

Your trade mark will automatically be protected in Jersey on 1 August 2026 and entered on the new register as a protected international trade mark (Jersey).

The registration will keep the original date of the request for territorial extension to the UK, together with any applicable priority date.

You will not need to pay any fees until the renewal date of 22 June 2029.

If you want protection in Jersey to continue after that date, you will need to renew the protected international trade mark (Jersey) and pay the relevant fee.

Schedule 3, paragraph 6 – Requests for territorial extension to the UK made before commencement

This provision applies to international trade marks where a request to extend protection to the UK had been made before the 2026 Law came into force, but protection had not yet been granted in the UK.

Question

What happens if my international trade mark designated the UK before the 2026 Law came into force but is still pending on 1 August 2026?

Answer

If your international trade mark designated the UK before 1 August 2026, for example on 2 April 2026, but had not yet been granted protection in the UK by that date, it will not be entered on the new Jersey register immediately.

However, if full or partial protection is later granted in the UK, the trade mark will automatically be protected in Jersey on the same date and entered on the new register as a protected international trade mark (Jersey).

The registration will keep the original date of the request for territorial extension to the UK, together with any applicable priority date.

If the UK application receives a final refusal, the trade mark will not be protected in Jersey under this transitional provision. In that situation, you may still be able to seek protection in Jersey by designating Jersey separately under the 2026 Law.