Why and how to register a trademark in Bermuda

An unregistered trademark may be protected in Bermuda if long and extensive use of it in Bermuda can be established. However, it is highly recommended a trademark be registered in order to demonstrate ownership. It will be a lot easier and cheaper to stop infringement of one’s trademark if it is registered. Trademarks in Bermuda are registered through the Registrar General of Bermuda.

If you register a combined trademark (which includes both word elements and figurative elements) in Bermuda, the exclusive right to use the trademark is limited to a use of the trademark in the exact configuration or way in which it was filed and registered. If you wish to use the word element of your trademark separately from the logo (or vice versa), it is recommended you register for another trademark including only the word or figurative elements you wish to use and protect separately.

Nevertheless, if a third party eventually intends to register or use a trademark for similar goods or services that includes a primary or distinct part or portion of your trademark, you will have the right to oppose the application based on confusing similarity. Probabilities of success for an opposition will vary in each case depending on the circumstances.

Once the trademark has been examined by the trademark office, it will then be published in the Royal Gazette for 2 months, during which time opposition actions may be presented by third parties.

A registered trademark in Bermuda will be granted protection for an initial period of seven (7) years, term that will be counted from the date on which it is successfully registered. A trademark can then be renewed for subsequent periods of 14 years. If a trademark is not renewed before its expiration date, the renewal may still be requesting during a six-month grace period. However, additional late fees would have to be paid.

Although prior use of a trademark is not necessary in order to file or register a trademark in Bermuda, nor is it necessary to demonstrate use to renew it, once registered, if it is not used for a period of five (5) years, third parties may present cancellation actions against the registered trademark.

If you would like for the figurative or design elements of your trademark to be considered when assessing your trademark for registration in Bermuda (Trademark Search Report), contact us directly in order to determine if we may be able to offer this in this jurisdiction. In such cases, prices for service and estimated delivery times may vary.

 

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