Bermuda finally implements new Trade Mark Law
We are pleased to announce that, despite earlier setbacks, the new Trade Mark Law has officially come into force today, 01 August 2025.
All new applications will be processed under the new law, with the following changes taking immediate effect:
CHANGES TO INITIAL REGISTRATION AND RENEWAL TERMS
The new Act increases the initial registration term from 7 years to 10 years. Subsequent renewals are now reduced from 14 years to 10 years, bringing Bermuda in line with most other jurisdictions worldwide.
REMOVAL OF THE ASSOCIATED TRADE MARK REGIME
The legislation removes the requirement for associations of identical or similar marks owned by the same proprietor. This benefits trade mark owners who wish to assign their marks separately.
The Registry General confirms that trade mark owners wishing to remove previously required associations may now do so.
STATEMENT OF USE/NON-USE AND VOLUNTARY DISCLAIMERS
Applicants must state whether a mark is in use or whether they have a bona fide intention to use the mark in respect of the goods and/or services concerned. Applicants now have the option to voluntarily disclaim elements of their mark - a welcome change that helps to avoid receiving an official action.
INTRODUCTION OF MULTI-CLASS APPLICATIONS
Under the new Act, Bermuda adopts a multi-class application system, allowing applicants to include any number of classes in one application.
AMENDED DEFINITION OF A TRADE MARK
Graphical representation is no longer required, so allowing for a broader range of application types. The legislation permits the registration of certification marks, collective marks, and non-traditional marks, including sounds and colours.
REMOVAL OF THE "SPLIT" PART A AND B REGISTRATION SYSTEM
The Bermuda Trade Mark Register was previously split into:
· Part A: marks that are inherently distinctive or have acquired distinctiveness through use;
· Part B: marks with a lower level of distinctiveness but still capable of distinguishing goods/services.
All existing trade marks are transferred to a new unified register, regardless of their current classification.
ENFORCEMENT ENHANCEMENTS
The legislation introduces stricter penalties for trade mark infringement and counterfeiting. Trade mark owners can now pursue greater damages, as well as injunctions against parties acting in bad faith.
The following changes are in the pipeline:
PRIORITY CLAIMS AND INTERNATIONAL DESIGNATION
Provisions allowing for priority to be claimed under the Paris Convention, as well as enabling Bermuda to be designated as a contracting party of an international trade mark via the Madrid Protocol, will come into effect. However, these new elements will not be operational until Bermuda accedes to these two international treaties, for which a scheduled timeline is not yet available.
We are ready to assist with your trade mark applications, renewals and recordals in this jurisdiction and to answer any questions you may have regarding the new law.