As we have reported previously and following a further six-month delay, Bermuda’s new trade mark legislation, the Trade Marks Act 2023, will come into effect on 1 July 2025, replacing the Trade Marks Act 1974.

We 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.

Under the transitional provisions, all trade mark matters already on file on the date of commencement of the new Act will continue to be governed under the old Act. This means that pending applications will be registered under the existing framework, including the initial 7-year term.

The revised official fee schedule associated with the new Act has not yet been announced. The current fee structure remains in place until further notice.

contact us for further information on Bermuda’s new trade mark legislation.