Bermuda Trade Mark Guide
Registration
A trade mark can be registered in Bermuda pursuant to The Trade Marks Act (1974) which provides for local trade mark applications.
The following information and documentation is required:
- name of the trade mark
- one copy of the mark (unless mark is word only)
- class(es) and specification of goods and/or services
- applicant’s name and address
- Authorisation of Agent (Form TM13)
It usually takes about 8-12 months or less for the Registry to process a local application for registration. Paris Convention priority cannot be claimed. Once the registration is complete the Registry will issue a Certificate of Registration.
Classes
The International Classification system is used. Multi-class applications are not allowed. A separate application is required for each class of goods and/or services.
Searches
In order to conduct a search the only documentation required is the name of the trade mark and one copy of the mark (unless mark is word only). The result can usually be provided within 3-5 days.
Renewal
A trade mark registration is valid for seven years after which it can be renewed for further periods of 14 years. Two months before the renewal date we will send you an Expiry Notice asking whether you wish us to renew the registration or allow the mark to lapse. If the registration is to be renewed the only documentation required is an Authorisation of Agent (Form TM13).
The application for renewal should be filed within two months prior to the expiration date of the registration. A grace period of six months, however, is allowed from the expiration date for the filing of the application for renewal upon payment of a late fee. After that time a new application for registration is required.
It usually takes six months or less for the Registry to process an application for renewal. Once the renewal is complete the Registry will issue a Certificate of Renewal of Registration.
If you do not wish to renew the mark please inform us so that we can advise the Registry accordingly.
Abandonment
Please inform us as soon as possible if you wish to abandon your trade mark or allow it to lapse so that we can update our records and advise the Registry accordingly. This will avoid us sending out unnecessary Reminder Notices.
Assignment
Please inform us as soon as possible if the trade mark has been assigned so that we can file an application to record the assignment in Bermuda.
To record the assignment of a trade mark registration the only documentation required is a copy of the Transfer/Assignment Deed and an Authorisation of Agent (Form TM13).
It usually takes four months or less for the Registry to process an application to record an assignment. Once the recording is complete the Registry will issue a Change Completion Notice.
Change of Particulars
Please inform us as soon as possible if there is any change to the registration so that we can file an application to record the change in Bermuda.
To record a change of name and/or address for a trade mark registration the only documentation required is a copy of the Change of Name Certificate and an Authorisation of Agent (Form TM13).
It usually takes four months or less for the Registry to process an application to record a Change of Particulars. Once the recording is complete the Registry will issue a Change Completion Notice.
Contact
E-mail: ip@hsmoffice.com
Tel: +1 (345) 949-4766
Mail:
PO Box 31726, Grand Cayman KY1-1207
Cayman Islands
Courier:
HSM, 68 Fort Street, George Town
Grand Cayman, Cayman Islands
MEMBERSHIPS
The firm is a member of INTA, CITMA, AIPLA and IPCA