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Trade mark protection in the Isle of Man and the Bailiwicks of Jersey and Guernsey

Picture of Bethany Wheeler-Fowler

By Bethany Wheeler-Fowler

6 Aug 2024 | 1 minute read

The UK has a complex relationship with various territories, including offshore British islands and many overseas territories.

The UK's three offshore islands are deemed 'Crown Dependencies'. These are the Isle of Man and the Bailiwicks of Jersey and Guernsey. The Bailiwicks of Jersey and Guernsey comprise various inhabited and uninhabited islands, of which the inhabited islands include Jersey and Guernsey (respectively) and with the Bailiwick of Guernsey also covering the islands of Alderney, Sark, Herm, Jethou and Brecqhou.

While the Crown Dependencies are not considered part of the UK and each have their own forms of self-administration, the UK has certain responsibilities over the territories and sometimes the Crown Dependencies may agree for UK legislation to apply to it.

As you will see below, each of these territories have differing trade mark regimes, with varying similarities (and differences) to the UK trade mark regime.

Overview of trade mark protection

Isle of ManBailiwick of JerseyBailiwick of Guernsey
Relationship to the UKSelf–governing Crown Dependency and part of the British Isles (but not Great Britain nor the UK).Self–governing Crown Dependency.Self–governing Crown Dependency.
GovernanceUK law is extended to the Isle of Man in relation to trade marks. The UK Intellectual Property Office is the Registrar of Trade Marks in the UK (which includes the Isle of Man).The Bailiwick of Jersey has its own legislation governing its trade mark regime. The Judicial Greffier is the Registrar of Trade Marks in Jersey.The Bailiwick of Guernsey has its own legislation governing its trade mark regime. The Registrar of Intellectual Property is the Registrar of Trade Marks in Guernsey.
Relationship with UK trade marksUK registered trade marks (nationally and via the International Registration route) automatically protect the Isle of Man and are protected under Manx law.UK trade marks do not automatically protect Jersey unless it is by way of an International Registration that designates the UK (in which case the Jersey protection is automatic). Jersey trade marks are dependent upon registration first being obtained in the UK. Therefore, once a UK trade mark is registered, an application must be made to the Jersey Intellectual Property Registry for re-registration in Jersey. An applicant does not need to be a Jersey resident, but they must have an address for service in Jersey.UK trade marks do not automatically protect Guernsey. In Guernsey, trade marks can be filed independently. It is also possible to designate Guernsey in an International Registration. An owner of a trade mark registered in a country that is party of the Paris Convention (such as the UK) may separately apply to register that trade mark for protection in Guernsey.
Does the UK trade mark renewal automatically renew the territory trade mark?No - there is not a separate territory trade mark, however the renewal of a UK trade mark automatically protects the Isle of Man. No - national UK trade marks do not automatically renew the dependent Jersey registration. No - Guernsey follows an independent scheme so would need a separate application as it is not based on a UK trade mark.
Applicable renewal datesThe Registrar usually processes the renewal application immediately (if filed online). A trade mark can be renewed in the six months before it expires and up to six months afterwards.The Registrar usually takes approximately four weeks to process the renewal application. A trade mark can be renewed up to 12 months after its renewal date. The Registrar usually takes approximately 4-6 weeks to process the renewal application. A trade mark can be renewed in the six months before it expires and up to six months afterwards.

This article is intended for general guidance only and we are not responsible for the accuracy of any particular statement. If you would like further advice about your trade mark protection in any of the above territories, please contact us.

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