Guernsey (sometimes translated as Guernsey) is an overseas territory of the United Kingdom, located in the Channel Islands near the French coastline in the English Channel, and together with some surrounding small islands, forms the Guernsey administrative district. The total area of the administrative region is 78 square kilometers, with St. Peter's Port as its capital, and it is one of the three major royal territories in the United Kingdom.
The current trademark regulations in Guernsey are mainly based on the 2006 Trademark Law. The Registration Office of the Guernsey Public Security and Justice Bureau is responsible for managing trademark affairs, and the official language is English. Trademark exclusive rights need to be obtained through registration.
Trademark applications in this region can be based on existing UK registration applications or submitted based on the local Trademark Act 2006. On October 1, 2020, the United Kingdom deposited a statement with the World Intellectual Property Organization, stating that from January 1, 2021, the protection scope of the Madrid Protocol by the United Kingdom will be expanded to Guernsey.
Applicants and owners may designate Guernsey in international registrations or subsequent designations on or after January 1, 2021.
(1) Based on the existing UK registration foundation application
Applications submitted based on existing UK registration foundations can be based on UK single country applications or Madrid designated UK applications. If the applicant does not reside in the area, they must entrust a specialized agent in that area to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. The specific category and product items must have the same registration basis as in the UK;
3. The applicant's name and address must be the same as the registration basis in the UK;
4. Power of attorney;
5. Original registration certificate issued by the UK Intellectual Property Office;
6. Priority cannot be declared.
The main process for registering a trademark in Guernsey based on existing UK foundations is: application acceptance formal examination approval issuance.
The application will be accepted within 2-3 weeks after submission. The examiner will conduct a formal review of the application, mainly examining whether the application requirements and classification information comply with regulations. There is no substantive examination and announcement system.
If everything goes smoothly, it will take about 5 months to apply for registration based on the existing UK registration foundation. The Guernsey trademark is based on the existing UK registration and is valid for the same period as the UK registration. Renewal can be processed within 6 months in advance, with a grace period of 6 months. The renewal period is also the same as the UK registration.
(2) Submit an application based on the 2006 Trademark Law in the local area
At present, Guernsey adopts the Nice classification standard and can accept applications for multiple categories in one form. The elements that can be registered as trademarks in Guernsey include: name, text, letters, graphics, shape of goods or their packaging, etc. This region can apply for certification trademarks and collective trademarks.
If the applicant does not reside in Guernsey, they must entrust a specialized agent in the region to handle it. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product items;
3. Name and address of the applicant;
4. Power of attorney;
5. Priority proof documents.
The main process for applying for registration of a trademark in Guernsey based on the Trademark Law of the region is: application acceptance examination announcement approval issuance.
The application will be accepted within 2-3 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. During the announcement period, any interested party or prior rights holder may raise objections, and the main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration;
5. Conflict with other prior rights, such as trade name rights, design rights, copyrights, personal names, etc.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. If everything goes smoothly, registration under the local Trademark Law will take 1-2 years; If things don't go smoothly and there are objections or rejections along the way, the time will be greatly extended, possibly taking 3-5 years.
The Guernsey trademark is valid for 10 years after registration under the local Trademark Law, starting from the date of registration; Renewal can be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal is valid for 10 years.
The revocation/invalidation application after trademark registration can generally be filed in accordance with the following provisions of the 2006 Trademark Law:
1. Revocation under Article 46: (1) Without justifiable reasons, the trademark has not been actually used in that country for five consecutive years after registration; (2) Due to the actions and inactions of the registered trademark owner, the trademark becomes a generic name for the registered goods or services; (3) The actual use of a trademark may lead to public misidentification of the nature, quality, and geographical origin of goods/services.
2. Invalidation under Article 47: (1) Violation of the provisions of the Trademark Law; (2) Similar or identical to a trademark previously applied for registration by others.