Update Regarding New Trademark Laws in The Bahamas and Bermuda

The Bahamian IPO (BIPO) made a surprise announcement to local practitioners that the new IP laws for Trademarks, Patents, and Copyright became effective retroactively as of February 1, 2025. The announcement was made without prior notice to practitioners. Of particular note, the Trade Marks Act, 2024 introduces service marks and international classification.

Until regulations are passed, the BIPO is not providing its full range of services. They are however accepting applications to accord filing dates, which will then be processed once the new regulations are in place. 

The BIPO has been promising local agents that the regulations are “coming soon”, but over two months on from the official announcement that laws were in effect at the time of writing, there is still no news. There is therefore considerable confusion on the ground as to how to file trademark applications under the new law, while the general disruption at the BIPO seems to be having knock-on effects with reports of some questionable legal interpretations within examination of older matters. 

Practitioners and brand owners should therefore be prepared for the unexpected, and we are on hand for any clients who require assistance evaluating their long-term position in The Bahamas as well as the relative risks of applying to protect marks, especially service marks, during this transitional and vague period in Bahamian trademark law.

In other trademark news, Bermuda has confirmed that the implementation date of its eagerly awaited new trademarks law has been pushed back again from April 1, with no current new deadline set. There are whispers that the law will come into force in the summer, but nothing is official as we write. 

To remind practitioners, the new law brings welcome updates such as provision for certification and collective marks plus non-traditional marks such as colors and sounds, removal of the A/B-split registration system with different rights conferred under each part, and 10-year registration terms (currently 14 years).

Feel free to get in touch by clicking here if you have any doubts about strategy or protection in either The Bahamas or Bermuda.