Trade Mark, Patent and Design Registrations in Jersey
Stephanie Habin | 03/02/20
There are several different forms of intellectual property rights. Trade marks are concerned with the registration of distinctive trade names and marks such as pictures, symbols or logo marks which distinguish your goods and services from those of your competitors, or act as a marketing tool for recognition of your products or services. Trade marks include service marks such as signatures, devices or words, used to indicate that a person is connected with the provision of certain services in the course of a business. The present law governing the registration of trade marks in Jersey is the Trade Marks (Jersey) Law 2000 which brings Jersey in line with the provisions of the Trade Mark Act 1994 in the UK. The trade mark law now recognises community protected trade marks and international trade marks, thus providing reciprocal trade mark protection within the European Union and also creates an offence in relation to unauthorised use of trade marks, providing power of enforcement and forfeiture.
Patents in Jersey are governed by the Patents (Jersey) Law 1957 which confers on the patentee the same rights as enjoyed in the UK. Patents protect new inventions and cover the mechanics and construction of the inventions. A patent gives the owner the right to exclude others from making, using, importing, selling or offering for sale the invention without permission. If you fail to patent your invention anybody can use, produce or sell your invention without permission.
Design registration is currently governed by the Registered Designs (Jersey) Law 1957. A registered design is a legal right which protects the visual look of a product in the local area of registration, giving total right of ownership to the appearance of a product. Visual features forming the design include lines and shapes, colours, materials and texture, which give the product its unique appearance. A design showing a pattern or a stylised logo may also be registered.
The Jersey Patents, Trade Marks and Designs Registries are dependent registries. This means that registration of any intellectual property right in Jersey is dependent upon registration first being obtained in the UK so that any person registered as a proprietor or registered user of a trade mark, patent or design on the UK register can apply to register that title in Jersey but not otherwise. The applicant must supply an address in Jersey where service of notices and proceedings can be made and any application for registration under the Jersey laws must be signed by the applicant or their Jersey lawyer. Voisin is actively involved in the registration and renewal of trade marks, patents and designs and also undertakes relevant searches on the local registries when required.
Click here to access a schedule of legal and statutory fees.
The above charges are subject to our right to charge additional fees should our time expended exceed that quoted above in the event that further work is required to be undertaken in connection with Trade Mark, Patent or Design instructions received. Discounts for additional applications for the same proprietor may be applied if billed on same invoice. Any courier charges incurred are charged additionally.
This note is intended to provide a brief rather than a comprehensive guide to the subject under consideration. It does not purport to give legal or financial advice that may be acted or relied upon. Specific professional advice should always be taken in respect of any individual matter.