As we have reported previously, Bermuda’s much-anticipated new trade mark legislation, the Trade Marks Act 2023, was due to come into effect on 1 January 2025, replacing the Trade Marks Act 1974. The 1 January 2025 deadline was, however, not met. We can now report that 1 April 2025 has been proposed as a commencement date for the legislation, although this needs to be confirmed by Parliament. We also understand that the Registrar General will continue to forgo the requirement of association for those registrations that will not be completed prior to the commencement date.
Changes to be brought about by the new legislation include:
- Greater scope: Certification marks, collective marks and non-traditional marks such as sounds and colours can be protected.
- No more association: The concept of association of marks is dropped.
- A single register: The dual Part A and Part B system is replaced with a single register.
- Security interests: There are provisions for registering security interests and expanding the provisions governing trade mark licences.
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