Navigating Bermuda's New Trade Marks Act: What You Need To Know

Key takeaways

• Bermuda's new trade mark legislation has come largely into effect, significantly modernising Bermuda's existing trade mark laws.
• The law introduces a new broader definition of "trade mark", providing scope for a wider coverage meaning we expect to see an increase in applications.
• A trade mark can consist of words (including personal names), designs, letters, numerals, colours, sounds or the shape of goods or their packaging.

The definition of trade mark broadens the range of products and services that can now be trade marked.

Passed on 17 October 2023, Bermuda's highly anticipated Trade Marks Act 2023 (the "Act"), has finally come into effect.

The Act is based on the United Kingdom's Trade Marks Act 1994, which gives Bermuda access to resources from a system that has been tried, tested and developed with practice notes and case law. This will allow the Registry General of Bermuda to implement the Act with confidence as they modernise