New Bermudian Trademark Laws Are Here

·       The Bermudian government has announced that its new trademark laws will finally go into effect July 1, 2025

·       Much-needed overhaul of 50-year-old legislation includes non-traditional trademarks and provides for collective and certification marks

·       New law paves the way for Madrid Protocol implementation

Back in September 2024, the Registry General of Bermuda announced the new Trademarks Act 2023 had been approved by the Bermudian Parliament and was anticipated to come into force on January 1, 2025. The implementation was then pushed back to February, then again to April, and finally to an unspecified date in the summer of 2025. In a very welcome development, the Bermudian government announced the new laws will finally go into effect July 1, 2025. Bermuda’s Minister of Economy and Labour Jason Hayward tabled The Trade Marks Amendment Act 2025 on May 30, which includes a few minor amendments to the 2023 Act and provides for new fee schedules for trademark matters in the territory.

This represents a long-overdue update which will bring the British Overseas Territory’s trademark laws into line with international best practices – as the current trademark legal framework in Bermuda is over half a century old. Given we now have a concrete implementation date, it’s worth revisiting the key changes within the new legislation.

Under the prior legislation, the definition of a ‘trademark’ was limited to a “device, name, signature, word, letter, numeral or any combination thereof.” The 2023 Act broadens this definition significantly, now encompassing non-traditional signs such as colors, sounds, and the shape of goods or their packaging. A mark will qualify for protection if it can be represented in a way that allows the registrar, other authorities, and the public to clearly identify the subject matter and confirm that it distinguishes the goods or services of one entity from another.

A major procedural enhancement under the new framework is the introduction of multi-class applications, which is expected to eliminate the previous need to “associate” related marks owned by the same entity. This adjustment should streamline prosecution processes and help reduce costs for brand owners—especially relevant given Bermuda’s relatively high official fees compared to regional counterparts.

Under the revised regime, the registration term for trademarks will be standardized at 10 years, renewable for subsequent 10-year terms. This replaces the existing structure of a seven-year initial period followed by 14-year renewals. Notably, the five-year non-use period remains unchanged.

Another significant development is the inclusion of provisions under Section 97 enabling injunctions against unauthorized use of well-known marks, in line with the Paris Convention definition. This is particularly encouraging for global brand owners. It’s important to note, however, that infringements occurring prior to the new law’s commencement will continue to be governed by the 1974 legislation.

While Bermuda is not currently a party to the Paris Convention, the new law allows for recognition of priority claims, reflecting a shift toward harmonisation. Importantly, it also paves the way for eventual participation in the Madrid Protocol system.

Current registrations will transition automatically to the new register, preserving disclaimers and limitations. The registrar will, however, have the authority to direct reclassification of goods and services in line with the Nice Classification.

Applications filed before the new law’s effective date will be subject to transitional rules. In certain cases, applicants may request that unpublished filings be considered under the new framework, subject to payment of a fee. Any pending proceedings initiated under the old act will continue to be assessed under that law.

Interestingly, the Registry General’s Department has already conducted two rounds of training for staff – one led online by the UK Intellectual Property Office and another session supported by Trinidad and Tobago, while it has also secured funding to overhaul its software.

Further associated legislative updates to facilitate implementation and further modernize Bermuda’s trademark regime are expected, including amendments to the 2023 Act itself and the Trade Marks (Customs) Regulations 2025 to be tabled before Parliament within the coming weeks.

For global rights holders, Bermuda’s move to align with international IP norms is a welcome evolution. Of particular interest are the formal recognition of well-known marks and the future potential for Madrid Protocol participation. These reforms are likely to enhance legal predictability and make Bermuda an increasingly attractive jurisdiction for foreign IP investment—especially given its growing profile as a financial and commercial centre.