Key takeaways
- Bermuda's new trade mark legislation has come largely into effect, significantly modernising Bermuda's existing trade mark laws.
- The law introduces a new broader definition of "trade mark", providing scope for a wider coverage meaning we expect to see an increase in applications.
- A trade mark can consist of words (including personal names), designs, letters, numerals, colours, sounds or the shape of goods or their packaging.
The definition of trade mark broadens the range of products and services that can now be trade marked.
Passed on 17 October 2023, Bermuda's highly anticipated Trade Marks Act 2023 (the "Act"), has finally come into effect.
The Act is based on the United Kingdom's Trade Marks Act 1994, which gives Bermuda access to resources from a system that has been tried, tested and developed with practice notes and case law. This will allow the Registry General of Bermuda to implement the Act with confidence as they modernise Bermuda's archaic trade marks system.
Some of the changes being introduced under the Act are:
- new forms
- an updated fee schedule
- a new definition of "trade mark" (see further below)
- an increase of the initial registration term from seven years to 10 years
- a reduction of the renewal term from 14 years to 10 years
- removal of association of trade marks
- removal of the Part A and B registration system
The definition of trade mark broadens the range of products and services that can now be trade marked.
Specifically it can be any sign:
- capable of being represented in the register in a manner which enables the Registrar, competent authorities and the public to determine the clear and precise subject matter of the protection afforded to the trade mark owner
- which is capable of distinguishing goods or services of one undertaking from those of other undertakings
A trade mark can consist of words (including personal names), designs, letters, numerals, colours, sounds or the shape of goods or their packaging.
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