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Caribbean IP
West Palm Beach, FL 33401, USA (US)

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Bermuda (BM)

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Latest News: Sep 06, 2018 (Newsletter Issue 15/18)
Official Fees Increased
On 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 12-18 months.
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 here
If 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 here
The official trademark application fee is USD 256 for each class. The registration fee is USD 256 for each class.

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Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
Aug 27, 2018
Caribbean IP, West Palm Beach, FL 33401, USA  

Caribbean IP

Katherine Van Deusen Hely

Katherine Van Deusen Hely
224 Datura Street, Suite 513
West Palm Beach, FL 33401
Tel + 1 561 283 1800

Caribbean IP is an intellectual property law firm focusing on trademark and other IP services across 26 Caribbean jurisdictions. The firm prides itself on handling trademark searches, registrations, renewals, recordals, oppositions, and enforcement matters in a time- and cost-efficient manner. Katherine founded Caribbean IP in 2014, after working for several years in another Caribbean-focused practice. She and her partner Patrick Hely and their team work with clients from around the world, including numerous Fortune 500 companies and top-ranked law firms. The Caribbean IP team has experience handling all aspects of trademark practice across the Caribbean region.

Katherine obtained a Legal Education Certificate from the Eugene Dupuch Law School in The Bahamas and a Doctor of Jurisprudence from Vanderbilt University. She is a member of the Florida Bar and an active member of the International Trademark Association, where she is currently serving as Vice Chair of the INTA Bulletins Committee. She regularly writes articles on trademark law developments in the Caribbean for INTA and other global publications.

The Registry General
Intellectual Property Department
Government Administration Building
4th floor
30 Parliament Street
Hamilton HM 12
Tel +1 441 297 5151
Fax +1 441 292 4568