Bermuda's New Trade Marks Legislation

The Bermuda Government passed a new trade marks legislation, the Trade Marks Act 2023 which is expected to be enacted in early 2025. The new Act closely mirrors the UK Trade Marks Act 1994 (as amended), and seeks to standardise Bermuda's trade marks legislation in line with most other common law jurisdictions. It also makes provision for protections afforded under the Paris Convention and international applications under the Madrid Protocol once those International treaties have been extended to Bermuda.

Here is a brief summary of the key effects of this legislation:

Registration

A trade mark registration is to be regarded as personal property. The types of mark that can be registered have been extended to all signs capable of being represented on the Register, including colours, sounds and the shape of goods and their packaging. There will be a single Register, with no A/B distinction and all associations will fall away.