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Amendments to Trademark Laws

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Nov 08, 2023 (Newsletter Issue 9/23)
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New Trade Marks Law Receives Royal Assent

On 17 October 2023, the Trade Marks Act 2023 and Trade Marks and Service Marks Regulations Amendment and Validation Act 2023 received royal assent.

The new law is based on that of the UK. It significantly modernises Bermuda's existing trade marks regime.

Key changes include:

- Removal of the graphical representation requirement for trademarks
- An increased term of initial registration from seven to 10 years
- A reduced renewal term from 14 years to 10 years
- The introduction of the 12th Edition of the Nice Classification of goods and services with retroactive effect from 1 January 2023
- The removal of the "split" Part A and B registration system
- Protection for collective and certification marks, and for well-known trade marks under Article 6bis of the Paris Convention.
- Claims to Paris Convention priority will be honoured as well as claims to priority from other relevant overseas applications.
- Access to International Applications in accordance with the Madrid Protocol upon Bermuda's accession.

Accompanying trade mark regulations, forms and fees are awaited to bring the legislation into full effect. For more details click here.