Bermuda's Trade Marks Act 2023 now in force

Bermuda's anticipated new trade marks legislation and accompanying regulations are now in effect as of 1 August 2025. Brand owners should ensure that their docketing systems are updated to take into account the increased term of initial registration and reduced renewal term under the new legislation to avoid missed deadlines.

The Trade Marks Act 2023 and Trade Marks Regulations 2023 significantly modernize Bermuda's trademarks regime, introducing the economies of a multi-class filing system and a broader definition of "trade mark". This allows for the protection of non-traditional marks where the subject matter is sufficiently clear and precise and the registration of certification and collective marks, among others.

It is also possible to merge identical existing single class registrations resulting from applications filed on the same date and by the same owner into a single multi-class registration on application to the Registrar. This will result in cost savings for brand owners upon next renewal.

Certain parts of the new legislation will still be implemented later as Bermuda continues to work on accession to international treaties, including the Paris Convention and Madrid Protocol. It won't be possible to file new applications with priority claims until Bermuda becomes party to the Paris Convention and the relevant sections of the legislation are implemented.

The term of initial registration has increased from seven to 10 years and the renewal term has reduced from 14 to 10 years.

The update to the Bermuda trade marks legislation is part of a wider revamp of Bermuda's suite of intellectual property (IP) legislation, which also includes legislation in the field of copyright, patents and designs.

For more information, contact any member of Ogier's IP team below.

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Disclaimer

This client briefing has been prepared for clients and professional associates of Ogier. The information and expressions of opinion which it contains are not intended to be a comprehensive study or to provide legal advice and should not be treated as a substitute for specific advice concerning individual situations.

Regulatory information can be found under Legal Notice