- North & South America
2. In December 2023, Bermuda's "2023 Trademark Act" and "2023 Amendment and Confirmation Act to the Trademark and Service Marks Regulations" were approved by the British Royal Family. Bermuda's new legislation is based on the legislation of the United Kingdom, and the UK's trademark case law and the UK Intellectual Property Office's practice guidelines will also provide guidance for the implementation of the new system.
3. The Intellectual Property Office of the General Administration of Registration is responsible for trademark affairs, and the official language is English.
4. The trademark registration in Bermuda follows the principle of "application first".
5. The trademark adopts the Nice Classification 11th edition for goods, services, and descriptions, and does not accept applications for multiple categories of one trademark.
Although the new trademark law proposes that after joining the Madrid Protocol, one can apply for international registration in Madrid based on the Madrid Protocol.
However, Bermuda has not yet completed the relevant procedures for accession, so it can only be processed through "single country registration".
The Bermuda trademark is valid for 7 years after registration, starting from the date of registration; Renewal must be processed within 6 months before the expiration date, with a grace period of 6 months; The renewal period is 14 years.
Attention: After the implementation of the new trademark, the trademark registration protection period will be extended from 7 years to 10 years. The protection period after trademark renewal will be shortened from 14 years to 10 years.
If the applicant does not reside in Bermuda, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service offerings;
3. Applicant's qualification documents;
4. Trademark registration authorization letter, to be signed;
If everything goes smoothly, the entire process will take approximately 12-18 months.
