Fast Approaching Deadline in Bermuda to Convert to New Trademark Track
Regular readers of our news and social media will be well aware that new trademark laws have landed in Bermuda, with effective date August 1, 2025.
Importantly, practitioners should note that trademark owners with pending applications that have not yet been published may apply to request their applications be processed according to the new laws. This request must be made within six months of August 1, 2025, that is before February 1, 2026. Late conversion requests will not be accepted. Once submitted, the request cannot be withdrawn.
Requirements to Convert a Pending Trademark Application in Bermuda
Eligibility – Pending and Not Yet Published
Only applications that are still pending and have not yet been published at the time the new law came into force are eligible for conversion. This means that if your application has already been published before the commencement of the new law, you cannot request conversion to the new regime.Formal Notice to the Registrar
To convert your application, you must submit a notice to the Registrar indicating that you want your pending application to be processed in accordance with the new Trade Marks Act 2023.
This notice must:
Be in the prescribed form set by the Bermuda Registry, and
Be accompanied by the prescribed fee (as set out in the new fee schedule). bermudalaws.bm
(The exact forms and fee amounts will be specified by the Registrar’s office and may be available on the Bermuda government or trademark registry website.)
Effect of a Valid Conversion Request
If the notice is properly submitted and timely your pending application will be treated as if it was filed under the new 2023 Act from the outset.
Benefits to Conversion
To recap, Bermuda has introduced significant changes to its trademark legislation, creating new opportunities for trademark owners and modernizing the registration process. These updates bring longer initial registration terms, expanded filing options, and a simplified system for rights protection. More specifically, applicants switching to the new track can benefit from:
Internationalized Registration and Renewal Terms
Trademark registrations now have an initial term of 10 years, replacing the previous seven-year term. After the initial term expires, registrations may be renewed for subsequent 10-year periods, rather than 14 years as previously, aligning Bermuda’s system with international standards and providing a more streamlined, predictable renewal cycle for trademark owners.
Modernized Filing Options
Multi-class filings – this structure provides potential cost savings for applicants registering marks in multiple classes.
Non-traditional marks: The legislation now allows for the registration of certification marks, collective marks, and non-traditional marks such as colors and sounds.
Simplified registration system: The former A/B split registration system has been removed, standardizing the rights conferred under registration.
Paris Convention Priority
As things stand, the authorities are not currently accepting Paris Convention priority claims despite the provision for this in the new laws. We shall provide updates to clients as they arise.
Implications for Trademark Owners
Overall the changes make Bermuda’s trademark system more flexible, cost-effective, and aligned with international practices. Trademark owners with pending applications should consider converting their applications to the new system to take advantage of the longer registration term and other benefits.
Next Steps
If you would like guidance on the new Bermudian trademark laws and/or advice on converting pending applications, contact us by clicking on the button directly below.