Bermuda’s new trademark law will come into effect on January 1, 2025

Bermuda’s new trademark law will come into effect in January 2025

The new Bermuda Trademark Law will replace the Trademark Law 1974 and will come into effect on January 1, 2025. The new Trademark Law stipulates that trademarks may include the following:

• Service Marks
• Non-traditional symbols such as sounds and colors
• Certification trademark
• Collective Marks

The new Trademark Law provides that trademark applications can be refused on absolute grounds, such as if the mark is not distinctive, or on relative grounds, such as if there is a confusing similarity to an earlier registration. The new Trademark Law also removes the requirement that certain trademarks must be related, which, for those who are not familiar with the concept of relatedness, is usually required when the same owner has identical or similar marks in the same or similar categories.

Single Sign-On

• The new Trademark Law replaces the previous two-part registration process with a single trademark registration. All existing registered trademarks will be transferred to the new single trademark registration process.

Use/Intended Use

• The new Trademark Law requires trademark applicants to declare that the mark is associated with the claimed goods or services or that there is a bona fide intention to use the mark.

Disclaimer

• Trademark applicants may choose to voluntarily abandon their trademarks to avoid potential office actions that may occur.

Security Benefits

• The new Trademark Law provides for security interests in trademark registrations.

Duration of protection

• The protection period for Bermuda trademark registration is 10 years, and the next protection period after renewal will also be 10 years. This is different from the previous Bermuda registration protection period of 7 years and 14 years after renewal.

Cancelled due to non-use

• If a Bermuda trademark is not used within five years from the date of registration, it may be cancelled.

UK Trademarks and Priority Rights

• UK trade marks are no longer entitled to be re-registered in Bermuda. However, priority may be claimed under the Paris Convention.

International Trademarks

• The new Trademarks Act provides for the designation of Bermuda as a contracting party to international trademark registrations through the World Intellectual Property Organization. However, to date, there is no indication in the new Trademarks Act that Bermuda will accede to the Madrid Protocol.

law enforcement

• The new law establishes stronger enforcement measures to address trademark infringement and counterfeiting, including significant penalties for infringers, and allows trademark owners to seek substantial damages and injunctions.

Famous Trademarks

• There are specific regulations for well-known trademarks.

Transitional provisions

• Trademark registration applications filed before the new law’s effective date, December 31, 2024, will be processed under the current law. Applications filed on or after the effective date will be processed under the new law.