Trade Mark Registrations
Bermuda’s 1974 Trade Marks Act permits proprietors, registered owners and users to register their ‘marks or symbols’ with respect to goods and services used by a manufacturer or merchant in the ordinary course of trade, thereby ensuring protection from infringement on island.
Such Trade Marks may be registered by owners or registered users in Part A or Part B of the Register of Trade Marks. Service Marks are now permitted to be registered as changes to the Trade Marks Act have been passed that have greatly assisted banks, insurance companies, investment houses, health-care facilities and similar organizations. Previously, these institutions could only look to the common law of unfair competition to protect their rights in the name or symbol by which the public identified their business activities.
The registration of a Trade Mark in Bermuda is initially for a period of seven years but may be renewed for a maximum period of fourteen years. Applications for the registration of a Trade Mark in Bermuda are submitted to the Registrar General’s Department.
To prepare and file an application to register a Trade Mark in Bermuda, the following documentation is required:
- Form TM-No. 3 completed and accompanied by the requisite fee for each class in which goods are registered
- Copy of authorization (either a power of attorney or other authorization to act on behalf of owner or registered user)
- Three (3) additional representations of the Trade Mark exactly corresponding to the affixed Form TM-No. 3
- Applications for the registration of the same mark in different classes shall be treated as separate and distinct applications
- In any application where a drawing or other representation or specimen cannot be given in the manner aforesaid, a specimen or copy of the Trade Mark may be sent either in full size or reduced size
Upon the registration of a Trade Mark, the Registrar General issues to the applicant a Certificate. For details on the registration requirements, please review our Memorandum on Bermuda Trade Mark Registrations. Contact us for professional guidance on the above.