Bermuda (BM)
Sep 06, 2018 (Newsletter Issue 15/18)Official Fees IncreasedOn April 1, 2018, the Trade Marks Registry of Bermuda increased the official fees for trademark matters. Generally, the fees were raised by approximately 5 percent for matters including registration, renewal, and recordal of marks.
Source: Caribbean IP, USA Legal basis is the Trade Marks Act 1974, as amended by the Trade Marks (Modification and Amendment) Act 1991, and the Trade Marks and Service Marks Regulations 1993.
Is not a member of the Madrid Agreement, the Madrid Protocol and the European Union.
Trademark protection is obtained by registration, although there is some recognition of the first user of a mark.
Nice classification, 11th Edition.
Registrable as a trademark are marks that are distinctive or are capable of distinguishing the goods or services of a proprietor from those of another proprietor. A mark includes a device, brand, heading, label, ticket, name, signature, word, letter numeral, or any combination thererof.
The following trademark types are registrable: trademarks and service marks.
The application is filed at the Registry General.
A separate application must be filed for each class.
Foreign applicants need a local agent.
A signed authorisation of agent form is necessary.
Foreign applicants do not need a domestic registration.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Bermuda is from 8-12 months.
National:
The opposition period is two months from the publication date of the application.
Protection begins with the date of application. A trademark registration is valid for seven years from date of application. The registration is renewable for subsequent periods of 14 years.
The grace period for renewals is six months starting from the date of expiration.
Further practical details are available in our publication on this topic
hereIf the trademark has not been used within five years from registration, it may be subject to cancellation.
Further practical details are available in our publication on this topic
hereThe official trademark application fee is USD 256 for each class. The registration fee is USD 256 for each class.
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Aug 27, 2018
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