Trademark Registration in Jersey

Protect your brand in Jersey without any hassles by availing the Trademark Registration services of Enterslice. Package inclusions: Advisory on the procedure of obtaining Trademark Registration Assistance in conducting a search for Trademark Registration Arranging the necessary necessary papers requir..

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Overview of Trademark Registration in Jersey

There are different forms of intellectual property rights in Jersey. Trademark Registration deals with the registering of distinctive trade names and marks, such as pictures, symbols or logo marks which distinguish the entrepreneur’s goods and services from those of their competitors or act as a marketing tool for recognition of your products or services.

 Trademarks also 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 which governs the registration of trademarks 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 trademarks and international trademarks, thereby providing reciprocal trade mark protection within the European Union along with creating offence with respect to the unauthorised use of trademarks, providing the power of enforcement and forfeiture.

The renewal of the trademarks registered in Jersey shall depend upon the registration in the United Kingdom.  Till the time the trademark remains in force in the United Kingdom, so does its extension in Jersey. Once a trademark has been renewed in the United Kingdom, then it must also be requested in Jersey.

Authorities Responsible for Trademark Registration in Jersey

The trademark in Jersey is registered at 2 levels, i.e. the federal and state. At the federal level, the USPTO deals with trademark registration, and once the trademark is registered with USPTO, the applicant can further request for the extension of the trademark registration at the state level, wherein the  NJ Division of Revenue handles the responsibility of the same.

Benefits of Trademark Registration in Jersey

Some of the benefits of trademark registration in Jersey are enlisted below -

  • The trademark registration provides a legal presumption regarding the entrepreneur’s ownership of the trademark and associated rights.
  • It provides the right of filing a federal lawsuit in the event of trademark infringement.
  • The U.S. registration can be used for registering the mark in other countries.
  • The application for registration can be filed with U.S. Customs for preventing the import of infringing goods.
  • It prevents the unauthorized use of the entrepreneur's trademarks

Eligible Marks for Trademark Registration in Jersey

The following marks can be registered as trademarks in Jersey

Words, logos, slogans, mottos, names, letters, numbers, symbols, emblems, shapes, designs, features of packaging, colour combinations, animations, figurative elements or combinations of those signs and also sounds may be used as trade or service marks.

Ineligible Marks

The  trademark registration can be refused on the ground that it contains or consists of –

a geographical name, or a surname, connected with Jersey; or

(b) the Jersey flag or the official Jersey crest comprising the 3 heraldic leopards unless it seems to the registrar that consent has been given by or on behalf of the Bailiff

necessary papers Required for Trademark Registration in Jersey

The following necessary papers are required for trademark registration in Jersey- 

  • Duly filled Application Form
  • A certified copy of the entries on the UK register
  • 3 certified prints of the mark (unless the mark is a word only)

Procedure for Trademark Registration in Jersey

For the purpose of obtaining protection in Jersey, the applicant must get the trademark registered in the United Kingdom. 

If the trademark has been registered in the United Kingdom, then the applicant must request for its extension to Jersey with the Intellectual Property Registry of the Bailiwick of Jersey. The further procedure of trademark registration in Jersey is discussed below -

Registration of Trademark at the State Level

This is a separate process from that of the federal trademark registration process.   The entrepreneur can register a trademark or service with the state of New Jersey by filling out and submitting form TMSM-01 to the NJ Division of Revenue.

Registration of the Trademark at the Federal Level

  • For registering a trademark at the federal level, the entrepreneur must file an application for federal registration with the United States Patent and Trademark Office (USPTO).
  • Although trademark registration isn't required for operating the business, it gives the entrepreneurs distinct advantages, such as the right to sue for trademark infringement in federal court, if necessary, and the right to license a brand. The procedure for obtaining the trademark registration is elaborated below -
  • Prior to filing an application, the applicant must conduct a trademark search through the pending and registered trademarks to ensure that the intended trademark hasn't already been registered by any other company.
  • After completing the trademark search, the applicant is required to file the application with the competent authority by filling out the application form and attaching the requisite necessary papers with the same.
  • The next step in the procedure of Trademark registration in Jersey is the examination of the application by a USPTO’s examining attorney who shall determine if the trademark can cause confusion with another already protected by federal registration.
  • If the application passes the examination phase, it will be published in the Trademark Official Gazette (TMOG) in order to provide the general public with an opportunity to oppose the trademark if they believe they will be damaged by such trademark. If there is no opposition, the registration certificate will be issued.

 Renewal of Trademark Registration

 The applicant must periodically file certain forms with the USPTO in order to maintain the trademark registration in Jersey.  The correct and timely filing of the forms shall extend the trademark protections indefinitely, and the failure in complying with the same can lead to the cancellation of the trademark registration

 

Frequently Asked Questions

The benefits of trademark registration in jersey are - It acts as proof of ownership and provides the right to sue other parties. U.S. registration can be used for registering the mark in other countries and prevents the import of infringing goods and the unauthorized use of the entrepreneur's trademarks.

Trademark registration in Jersey can be done at 2 levels, i.e. the state and the federal level. The authorities dealing with such registration are the USPTO and NJ Division of Revenue at the federal level and state levels, respectively.

The present law which governs the registration of trademarks 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.

No, if the mark contains the flag of Jersey, it cannot be registered as Trademark in Jersey.

The applicant must periodically file certain forms with the USPTO in order to maintain the trademark registration in Jersey. The correct and timely filing of the forms shall extend the trademark protections indefinitely, and the failure in complying with the same can lead to the cancellation of the trademark registration.

 

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