The rights to a trademark in Guernsey are granted to the person or company that first uses it in this territory. Although registration is not mandatory, in practice it is highly recommended in order to demonstrate clear ownership, prevent future conflicts regarding ownership of the trademark and in order to defend against cases of trademark infringement.
Although in the past it was necessary to have a trademark registered in another jurisdiction in order to obtain a registration in Guernsey, this is no longer the case.
Trademark applications are filed with the Intellectual Property Office of the Bailiwick of Guernsey.
If you register a combined trademark (which includes both word elements and figurative elements) in Guernsey, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.
Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity.
Trademark opposition actions may be filed by third parties against a trademark application within 20 days after its publication. The probabilities of success for an opposition will vary in each case depending on the circumstances.
Registered trademarks in Guernsey have an initial validity of ten (10) years from the application date and can then be renewed indefinitely for successive periods of ten years. The trademark renewal can be requested within a period of six (6) months before the expiration date, or during the grace period of six (6) months that follows it upon payment of late renewal fees.
If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Guernsey (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.