2026 Trademark and Design Updates: US, Jersey and EUIPO
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The United States Patent and Trademark Office (USPTO), Jersey, and the European Union Intellectual Property Office (EUIPO) have introduced a number of changes affecting international trademark filings, national trademark protection and the examination of EU trademarks and designs. The changes include the introduction of Madrid e-Filing in the United States, a new standalone trademark regime in Jersey and updated EUIPO Examination Guidelines.
These developments are intended to streamline filing and examination procedures while introducing important new requirements for applicants and rights holders.
US Implements Madrid e-Filing for International Trademark Applications
As of 1 October 2026, the USPTO has implemented Madrid e-Filing as the new platform for filing international trademark applications based on US applications and registrations, replacing all other filing options for international applications in the US.
Madrid e-Filing is operated by the World Intellectual Property Organization (WIPO) and is specifically designed for international trademark applications filed under the Madrid Protocol. The platform is intended to streamline the filing process, reduce filing errors and provide a secure communication channel for resolving issues during the certification process.
Key Change
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What It Means
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New filing platform
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Madrid e-Filing has replaced TEAS for initial international trademark applications based on US applications and registrations as of 1 October 2026.
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Transition period
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The period during which applicants could use either TEAS or Madrid e-Filing ended on 30 September 2026.
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WIPO account
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Applicants must create a WIPO account to use Madrid e-Filing.
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Practical Impact
Applicants seeking international trademark protection based on US applications or registrations must now use Madrid e-Filing to submit new international applications. Trademark owners and their representatives should also ensure that their filing procedures have been updated and the necessary WIPO accounts are in place.
The change applies to initial international applications based on US applications and registrations; it should not be interpreted as a replacement of TEAS for all US trademark filing.
Jersey Introduces New Trademark Regime
Significant changes to Jersey’s trademark regime came into force on 1 August 2026. The previous system, under which UK national trademarks could be re-registered in Jersey, has been replaced by a standalone national trademark system administered by the newly established Jersey Intellectual Property Office.
Under the new regime, applicants seeking trademark protection in Jersey require a separate national trademark application, or must designate Jersey separately under the Madrid Protocol. The new system largely follows UK procedures and allows multi-class applications, applies the Nice Classification and permits applicants to claim priority.
Applications are examined for both compliance with formal requirements and absolute grounds. A two-month opposition period applies which may be extended to three months on request. Oppositions may be based on both absolute and relative grounds, including passing off.
Key Change
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What It Means
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Separate national applications
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Trademark protection in Jersey requires a separate application to the Jersey Intellectual Property Office or, where protection is sought through the Madrid System, a separate designation of Jersey.
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Multi-class applications
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Applicants may seek protection for goods and services across multiple classes in a single application.
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Priority claims
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Applicants may claim priority for Jersey trademark applications.
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Examination
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Applications will be examined for formal requirements and absolute grounds.
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Opposition
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A two-month opposition period applies, extendible to three months on request.
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Practical Impact
Businesses seeking trademark protection in Jersey should now treat it as a separate jurisdiction when managing their trademark portfolios.
Existing Jersey trademark registrations based on the re-registration of UK trademarks have been transferred automatically to the new register. Applications to re-register UK marks filed before 1 August 2026 continue to be considered under the previous regime. If accepted, they will be entered on the new register as Jersey registrations.
Jersey Becomes a Separate Madrid System Designation
The changes to Jersey’s national trademark regime are accompanied by corresponding changes under the Madrid System. From 1 August 2026, designating the United Kingdom under the Madrid System no longer automatically extends trademark protection to Jersey, as it is now recognised as an independent designation for the purposes of trademark matters.
Applicants seeking international trademark protection in Jersey must therefore specifically designate Jersey separately in a new international application, a subsequent designation or when renewing an international registration to maintain protection in Jersey.
Jersey also has its own Office of Origin under the Madrid System, allowing applicants based in Jersey to file international trademark applications through the Jersey Registrar of Intellectual Property.
Legal Provision
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Key Change
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Separate Jersey designation
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Jersey must be designated separately from the United Kingdom under the Madrid System.
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Individual fees
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Separate individual fees apply when filing a new international application, designating Jersey, making a subsequent designation or renewing an international registration covering Jersey.
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Declaration of intent to use
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Applicants designating Jersey must declare their intention to use the trademark, or to permit its use with their consent, for the relevant goods and services.
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Existing international registrations
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International registrations designating the UK that were protected in the UK before 1 August 2026 will have a separate Jersey designation recorded automatically by WIPO.
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Independent rights
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Once the Jersey designation has been recorded, the Jersey and UK designations will operate independently.
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Practical Impact
Trademark owners with international registrations should review their portfolios to confirm that Jersey protection is included separately where protection is required. New international applications and subsequent designations should also be reviewed to ensure that Jersey is specifically selected.
Where an existing international registration designated the UK and was protected in the UK on 1 August 2026, WIPO will automatically record a separate Jersey designation. If the UK designation was still subject to the refusal period, the Jersey designation will only be recorded once the UK grants protection. If protection in the UK has been refused or invalidated, WIPO will not record a Jersey designation automatically.
EUIPO 2026 Examination Guidelines Enter into Force
The 2026 edition of the EUIPO Guidelines for Examination of European Union trade marks (EUTMs) and registered European Union designs (EUDs) entered into force on 1 July 2026. The updated Guidelines reflect current EUIPO practice and incorporate changes arising from legislative developments and recent case law.
For designs, the updated Guidelines clarify the requirements for design representations including sufficiently clear representations, different types of representation, and the permitted types and number of views. Changes have also been made to the examination of design invalidity applications and procedures concerning amendments and alterations.
For EUTMs, the revised Guidelines include updated guidance on geographical indications, opposition proceedings, extensions of time limits, suspension of proceedings, the comparison of word marks and the assessment of distinctive character. They also reflect recent EU case law concerning matters including genuine use, likelihood of confusion and due cause.
Key Change
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What It Means
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Design representation
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The Guidelines clarify the requirements for sufficiently clear design representations, including the types and means of representation and the permitted types and number of views.
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Design invalidity
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The Guidelines have been restructured and updated to reflect recent case law and clarify evidence requirements.
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Geographical indications
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EUIPO practice concerning earlier geographical indications has been comprehensively reviewed and updated.
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Opposition proceedings
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New guidance reflects recent case law and changes to the treatment of certain earlier rights and procedural requirements.
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Extensions of time
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Supporting evidence is no longer required for second or subsequent requests for an extension of a time limit. However, the request must be reasoned and based on exceptional circumstances.
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Suspension of proceedings
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A subsequent joint request to extend a suspension will generally be granted for up to 18 months, subject to the applicable maximum period.
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Word marks
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Differences in capitalisation alone do not affect the assessment of similarity between word marks, and marks that differ only in capitalisation are treated as identical.
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Electronic submissions
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From 1 July 2026, submissions relating to registered EU designs must be made electronically. Submissions sent by post or courier after that date are deemed not to have been received.
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Practical Impact
Applicants and trademark and design owners should ensure that their filing and prosecution strategies take account of the updated EUIPO examination practice. The revised Guidelines provide practical guidance on how EUIPO approaches examination, opposition, invalidity, and other proceedings under the updated rules.
In particular, practitioners handling EUD proceedings should note the move to electronic-only submissions, while trademark practitioners should consider the updated guidance on geographical indications, opposition proceedings, genuine use and the assessment of word marks. The revised rules on extensions of time limits and suspension of proceedings may also affect case management and procedural planning.
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