On 1 August 2025, Bermuda’s Trademarks Act 2023 officially came into effect, slightly later than planned, as it had originally been scheduled for early February this year, as previously published. It replaces the Trademarks Act 1974 and introduces the most significant changes to the jurisdiction’s trademark system in nearly five decades.
The new law modernises trademark registration and enforcement in Bermuda, aligning the jurisdiction more closely with international standards and offering brand owners a more efficient and flexible framework for protecting their rights.
Key Changes
- Broader Range of Registrable Marks
The new law expands the types of marks that can be registered to include:
-
-
- Certification marks
- Collective marks
- Non-traditional marks such as sounds and colours
-
This allows greater protection for distinctive brand elements that go beyond words and logos.
- Removal of the “Association” Requirement
Under the previous system, identical or similar marks owned by the same proprietor in the same class had to be associated, and those associations dissolved before certain transactions could be recorded.
This requirement has been eliminated, simplifying portfolio management.
- Single Unified Register
The old two-part Register (Part A and Part B) has been replaced with a single Register. All existing trademarks will be transferred into this unified Register, and all new filings from 1 August 2025 onwards will be entered directly into it.
- Clearer Provisions for Licences and Security Interests
The Trademarks Act 2023 sets out detailed procedures for recording security interests and expands the framework for trademark licences, providing greater clarity for brand owners and third parties.
New Requirements for Applicants and Agents
The law also introduces several new obligations:
- Applicants must state whether the mark is already in use or if there is a bona fide intention to use it.
- Voluntary disclaimers may be made to avoid basic Office Actions.
- Registered trademark agents are subject to stricter compliance requirements, making it important to engage experienced professionals.
Other Notable Changes
- Registration term – Trademarks are now registered for 10 years, renewable for further 10-year periods (previously 7 years + 14-year renewals).
- UK re-registration removed – The right to re-register a UK trademark in Bermuda has been removed.
- Madrid Protocol provisions – The Act includes measures for Bermuda’s potential future accession to the Madrid Protocol, although no date has been set.
- Enhanced enforcement – Increased penalties for infringement and counterfeiting, along with the ability to seek higher damages and injunctions against bad-faith actors.
Transitional Provisions
Applications filed on or before 31 July 2025 will be processed under the Trademarks Act 1974.
Applications filed on or after 1 August 2025 are processed under the Trademarks Act 2023.
Looking Ahead
Reform of Bermuda’s patents legislation is also planned but remains under development. For now, the Trademarks Act 2023 represents a major step towards a modernised and internationally aligned IP framework, benefitting both local and international brand owners.
