Bermuda
The Bermuda Trademark System
Bermuda Trademark Office
The Registry General, a department of the Bermuda Government, is responsible for the registration of trademarks. Bermuda started registering local trademark applications with the Trade Marks Act of 1974. Even if there is an existing UK registration, an application must be filed with the Bermuda Intellectual Property Office, despite being a British Overseas Territory. Bermuda also does not allow for international priority. Bermuda allows words, signatures, numerals, designs, logos or any combination thereof to be registered as a trademark. Bermuda also allows the registration of service marks. Trademarks and service marks must be able to distinguish one person or entities goods and services from those of another.
Obtaining a Trademark in Bermuda
Anyone may apply to register a trademark. It is not required to register a trademark, as common law protections are available, but registration grants exclusive rights. A trademark registration in Bermuda lasts for seven years, but after the first term it is renewable for subsequent periods of fourteen years. However, a trademark registration is subject to cancellation if the mark is not used for a period of five consecutive years.
Recent Developments in Bermuda’s Trademark Law