Fashion brands selling their finery in Jersey may want to book an appointment with a Trademark Attorney in the not-so-distant future, that is if they have been relying on an EU Trademark to protect their products in the island country.

In an announcement that has surprised IP professionals throughout Jersey and beyond, the government of Jersey has today confirmed that EU Trademarks do not cover Jersey and have not, in fact, since April 2009. As a result, trademarks will now need to be re-registered, specifically in Jersey, if the owner wants to be covered. An exception, however, is made for international trademarks protected in the UK under the Madrid Protocol. These trademarks will automatically be protected in Jersey without the need for re-registration. For those unfamiliar with it, The Madrid System provides a centrally administered system for obtaining multiple trademark registrations in separate jurisdictions. Brands can file one application and pay just one set of fees to register their trademark in multiple countries. However, each country will register it separately and has discretion to grant or refuse the application. In the case of a European Trademark, protection is granted for that mark across the whole of the EU, (with certain exceptions) once approved.

Trademarks are one of the most important forms of intellectual property in the fashion industry and allow consumers to distinguish between the origin of different products on the market place, meaning who made them or what company or designer that they come from. Trademarks makes it much easier for brands and designers to protect their products and to take legal action when the trademark is used without permission, such as the case with counterfeits. Trademarks not only help distinguish products within the legal and business systems but just as significantly, with consumers. They are used to identify and protect words and design elements that identify the source, owner, or developer of a product or service. Once registered, trademarks can be highly valuable assets for designers – a person who owns the trademark and can sell it, franchise it or let others have a license that allows them to use it for specific categories of apparel, accessories or cosmetics. In fashion, designer’s own names, logos and colours are popular trademarks.