The Bermuda Trade Marks Act 2023, after multiple delays, is finally confirmed to come into full effect on August 1, 2025, replacing the current Trade Marks Act 1974. The implementation of this new legislation will bring a series of significant changes to trademark registration and management in Bermuda.
² Expanded Definition: The new legal framework broadens the scope of what constitutes a trademark, now explicitly including sounds and colors. It also introduces provisions for collective marks and certification marks.
² Standardized Term: The Act standardizes the term for both trademark registration and renewal to 10 years.
² Single Registration System: It abolishes the existing dual registration system, consolidating it into a single, unified registration framework.
² Enhanced Enforcement: The new law strengthens provisions for dealing with infringement, clarifies available remedies, and grants enforcement authorities greater powers to combat counterfeit goods.
According to the transitional provisions, all trademark applications and related matters filed before the effective date of the new Act will continue to be processed under the provisions of the 1974 Act.
At present, the revised official fees associated with the new Act have not yet been announced. The current fee schedule will remain in effect until further notice.
Information source: https://www.gov.bm/articles/government-modernizes-trade-mark-legislation-align-global-standards