General trademark information in Bermuda

Legal basis is the Trade Marks Act 1974, as amended by the Trade Marks (Modification and Amendment) Act 1991, and the Trade Marks and Service Marks Regulations 1993. Bermuda is not a member of the Madrid Agreement, the Madrid Protocol and the European Union. Trademark protection is obtained by registration, although there is some recognition of the first user of a mark.

Classification
Nice classification, 11th edition.

What is registrable as a trademark
Registrable as a trademark are marks that are distinctive or are capable of distinguishing the goods or services of a proprietor from those of another proprietor.
A mark includes a device, brand, heading, label, ticket, name, signature, word, letter numeral, or any combination thererof.
The following trademark types are registrable: trademarks and service marks.

Procedure of trademark registration in Bermuda
The application is filed at the Registry General.
A separate application must be filed for each class.
Foreign applicants need a local agent.
A signed authorisation of agent form is necessary.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Bermuda is from 8-12 months.

Opposition Period
The national opposition period is two months from the publication date of the application.

Trademark duration
Protection begins with the date of application. A trademark registration is valid for seven years from date of application. The registration is renewable for subsequent periods of 14 years.

Bermuda trademark law update 2023
The Trade Marks Act 2023 and Trade Marks and Service Marks Regulations Amendment and Validation Act 2023 received royal assent on 13 October 2023.
The new law significantly modernises Bermuda's existing trade marks regime. Accompanying trade mark regulations, forms and fees are awaited to bring the legislation into full effect. Trade Marks Registry staff will also require training in order to apply the new legislation in practice.
The new Bermuda legislation is based on that of the United Kingdom and as such the UK's strong body of trade mark case law and UK Intellectual Property Office practice notes will no doubt offer guidance in administering the new regime.

Key changes include:
A new definition of "trade mark" with no requirement for graphical representation allowing for a broader range of applications types
An increased term of initial registration from seven to 10 years
A reduced renewal term from 14 years to 10 years
The introduction of the 11th Edition of the Nice Classification of goods and services with retroactive effect from 1 January 2017 and the 12th Edition of the Nice Classification of goods and services with retroactive effect from 1 January 2023
The removal of the "split" Part A and B registration system (see more on this on our earlier article as first published by World Trademark Review) means all existing trade marks shall be transferred to the new register on commencement of the new legislation regardless as to whether they are currently registered in Part A or Part B of the existing register
Protection for collective and certification marks, as well as protection for well-known trade marks under Article 6bis of the Paris Convention
Claims to Paris Convention priority will be honoured and claims to priority from other relevant overseas applications in countries where the UK has entered into an agreement for reciprocal protection of trade marks which has also been extended to Bermuda will also be honoured
Access to International Applications in accordance with the Madrid Protocol upon Bermuda's accession

The update to the Bermuda trade marks legislation is part of a wider revamp of Bermuda's suite of intellectual property (IP) legislation, which also includes legislation in the field of copyright, patents and designs.

If you would like to know the trademark registration process of BES Islands ? Click on here!

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