Intellectual Property Laws at Bermuda (BOT)
Bermuda's intellectual property (IP) laws are undergoing significant modernization, particularly in the area of trademark protection. Here's an overview of the key developments:
🇧🇲 Trademark Law: The Trade Marks Act 2023
The Trade Marks Act 2023 is set to replace the outdated Trade Marks Act 197. Originally scheduled to come into effect on 1 January 2025, its implementation has been delayed due to the dissolution of Parliament until after the upcoming electio. The new law introduces several important change:
Expanded Registrable Marks The Act allows for the registration of certification marks, collective marks, and non-traditional marks, such as sounds and colour.
Unified Register The previous two-part split register system is abolishe. All trademarks will now be registered under a single register, streamlining the process and rights associated with each mar.
Increased Registration Period Trademarks will be initially registered for a period of ten years, with the possibility of renewal for further ten-year period. This replaces the old system where marks were initially registered for seven years and renewable for fourteen year.
Enhanced Enforcement The Act provides stronger enforcement mechanisms to protect trademark owners from infringement and counterfeitin. This includes increased penalties and the ability to seek more substantial damages and injunctions against those acting in bad fait.
International Recognition While Bermuda has not yet acceded to the Madrid Protocol, the new law allows for the designation of Bermuda as a contracting party to an international trademark registration via the World Intellectual Property Organization (WIPO. Priority may also be claimed under the Paris Conventio.
Transitional Provisions Applications filed before the effective date of the new law will be processed under the current la. New applications filed on or after the effective date will be processed under the provisions of the new law.
📝 Registration Process
To register a trademark in Bermuda, applicants must submit a completed Trademark Registration Form along with the application fee to the Registrar General, Before applying, it's advisable to search the trademark database to ensure the mark is unique and not already registerd, Applicants must also declare whether the mark is in use or if there is a bona fide intention to use the mark, The application will undergo an examination process, and if no objections are raised, the trademark will be published in the Royal Gazette for two months, during which time anyone can oppose Upon successful registration, a certificate will be issued confirming the trademark's registratin.
⚖️ Enforcement and Protection
The new trademark law enhances the protection of trademark owners
*Providing Stronger Enforcement Mechanisms: Trademark owners can seek more substantial damages and injunctions against infringes.
*Allowing Registration of Security Interests: Explicit procedures are outlined for registering security interests against trademark registratios.
*Expanding Provisions for Trademark Licenses: The law expands the provisions governing trademark licenses, offering more flexibility and protection for trademark owners.
📌 Additional Information
*Patents Legislation: Bermuda is in the process of revamping its patents legislation, although this is still under developmnt.
*International Agreements: Bermuda is working towards having certain international treaties, including the Paris Convention and Madrid Protocol, extended to the jurisdicton.
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