Making an international trade mark application in Jersey
Overview
You can apply for international trade mark protection through the Madrid System.
You must start with a trade mark application or registration in Jersey. This is known as your office of origin.
The process
To apply for an international trade mark from Jersey, you will:
check you are eligible
prepare your Jersey application
decide where you want protection
submit your international application through us using myIPO
We will then send your application to the World Intellectual Property Organization (WIPO). WIPO checks the application and sends it to your chosen countries.
Check you are eligible
Before you apply, make sure you meet the requirements.
You must have any of the following:
have a Jersey trade mark application or registration
be a Jersey national
be domiciled in Jersey
have a real and effective business presence in Jersey
Prepare your Jersey application
Your international application must match your Jersey application exactly.
Check that:
the owner’s details are correct and consistent
the trade mark is identical
the goods and services match exactly
your Jersey application is filed correctly and is in good standing
Differences may delay your application or lead to refusal.
Decide where you want protection
You can apply for protection in one or more countries that are part of the Madrid System.
When choosing countries, consider:
where you already trade
markets you plan to enter
where your goods or services may be sold
where you want to prevent others from using a similar mark
Submit your international application
You must submit your application through us. You cannot apply directly to WIPO.
We will:
check that your application matches your Jersey filing
certify your application
send it to WIPO
WIPO examination
WIPO manages the international system of trade marks.
WIPO will check that your application:
is complete
uses the correct classification
includes the required fees
If your application meets the requirements:
it is recorded in the International Register
it is published in the WIPO Gazette
it is sent to the countries you seek protection of your basic mark to perform substantive examination based on its own domestic laws
each Office must grant or refuse protection within a given time limit – 12, or in some cases 18 months from the date on which we notified it of its designation
Each country will then examine your application under its own laws.
What happens next
Each country can:
accept your trade mark
refuse protection
request further information if it does not comply, WIPO will send you and your Office of origin an ‘irregularity notice’ explaining how to correct the issue within a given time limit (typically three months)
You will deal directly with each country if issues are raised.
Further information
For more detail about the process, see guidance on the Madrid System.