Trade Marks Prosecution Fact Sheet: The Channel Islands

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European Union Intellectual Property

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View the PDF version of our Channel Islands Trade Marks Prosecution Fact Sheet here.

Guernsey

Type of filings	National and Madrid
Priority	Paris Convention Priority can be claimed. Guernsey is a party to the Paris Convention.
Single or multi-class	Both single and multi-class applications are accepted
Classification	Nice Classification
Protection of goods and services	Both goods and services may be protected
Term of initial registration	10 years from the filing date, which is also deemed to be the effective date of registration
Renewals	Due every 10 years with a 6-month grace period Restoration is also possible if filed within 1 year from the date of removal of the registration if, having regard to the circumstances, the Registrar is satisfied that it is just to renew the registration
Typical documentary requirements and formalities for key filings	No Power of Attorney is required for most filings Simply signed scanned accompanying documents are required where relevant to the particular type of filing to be made, e.g. i) Assignment or licence agreements ii) Companies Registry certificates certifying mergers Priority-based applications (new filings only): a scanned copy of the relevant priority filing details should suffice, although the Intellectual Property Office may request a certified copy of the priority document at their discretion
Observations	The Intellectual Property Office provides a quick and efficient service. The period from filing to registration can take as little as 2 months.

Jersey

Type of filings	Applications for the re-registration of UK trade mark registrations are accepted International registrations designating the UK, and EU trade mark registrations are also protected automatically in Jersey; however, this does not preclude their re-registration in Jersey and there may be benefits of reregistration in order to future-proof protection
Priority	Paris Convention Priority cannot be claimed even though Jersey is a party to the Paris Convention. This is because filings are currently limited to the reregistration of existing UK trade mark registrations.
Single or multi-class	Both single and multi-class applications are accepted, as dictated by the underlying UK trade mark registration
Classification	Nice Classfication
Protection of goods and services	Both goods and services may be protected, as dictated by the underlying UK trade mark registration
Term of initial registration	To expire on the same date as that of the underlying UK registration unless renewed for further 10-year periods
Renewals	Due on the expiry of the underlying UK registration and should be renewed within 12 months of the renewal due date in the UK at the latest, after which the Registrar may remove the trade mark from the Register after notifying the proprietor of same
Typical documentary requirements and formalities for key filings	A certified hard copy of the underlying UK registration issued by UK IPO is required
Observations	The Intellectual Property Registry provides a quick and efficient service. The period from filing to registration can take as little as 1 month.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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Sophie Peat

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Trade Marks Prosecution Fact Sheet: The Channel Islands

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