Intellectual Property: proposal for a Primary Trade Mark Registry

Department	Department for the Economy
Start date	04/12/2023
End date	26/01/2024
Type of consultation	Green paper
Deadline for comments	26/01/2024

About the consultation

Intellectual property (IP) protection is a key part of modern economic policy which is increasingly driven by innovation and intangible assets. Ensuring that Jersey’s IP laws are modern and consistent with international standards is therefore an important policy objective for the Government.

This consultation specifically relates to Jersey’s system of trade mark registration and protection. Trade marks are signs used to distinguish the goods or services of one business from those of another and enable consumers to identify a business as the source of a product or service. As such, they are the basis on which a business creates its brand and reputation.

Modernising Jersey’s trade marks regime will enable the Island to be included in and benefit from international trade mark agreements, instil confidence in rightsholders and promote Jersey as an attractive jurisdiction for IP holding, management and administration activities.

Intellectual Property: Trade Marks Consultation

Feedback

You are invited to give your views on a number of questions in relation to the introduction of a system of primary trade mark registration in Jersey.

We would like your views on:

The proposal to establish a system of primary registration and grant of trade marks in Jersey
Potential long-term economic opportunities linked to the introduction of a system of primary trade mark registration to enhance the attractiveness of Jersey as a jurisdiction for IP holding, management and administration activities
Whether seeking inclusion in the Madrid Protocol could deliver benefits for trade mark owners, professionals and the Jersey economy
The proposal that the TMJL should no longer give automatic effect in Jersey to International Trade Marks (UK)
The proposal that fees for services provided by the JIPO under a system of primary registration should be broadly the same as the fees that apply in the UK and Guernsey for similar services
The proposed transitional provisions for trade marks re-registered under the existing TMJL regime and International Trade Marks (UK)

How to submit comments to the consultation

This consultation is now closed.

The consultation response paper is published below.

Data Protection

The information you provide will be processed in compliance with the Data Protection (Jersey) Law 2018. Find more information in the Department for the Economy Privacy Notice.

The Government of Jersey may quote or publish responses to this consultation but will not publish the name and addresses of individuals without consent. Types of publishing may include, for example, sending to other interested parties on request, sending to the Scrutiny Office, quoting in a published report, reporting in the media, publishing on the Government website, and listing on a consultation summary. Confidential responses will still be included in any summary of statistical information received and views expressed.

Under the Freedom of Information (Jersey) Law 2011, information submitted to this consultation may be released if a Freedom of Information request requires it, but no personal data may be released.

Responses to the consultation

Consultation response paper for Intellectual Property: Proposal for a Primary Trade Mark Registry