Trademarks Law in Bermuda (BOT)
Here’s an overview of trademark law in Bermuda (a British Overseas Territory):
🇧🇲 Trademark Law in Bermuda
🔹 Governing Law
Trademark protection in Bermuda is governed by the Trade Marks Act 1974, as amended.
Bermuda’s trademark system is largely based on British and international law.
Bermuda is a member of key international treaties through the UK, including:
The Paris Convention
The Madrid Protocol (international trademark registration)
The Trademark Law Treaty
🔹 Trademark Protection
A trademark can be any sign capable of distinguishing goods or services of one trader from another.
This includes:
Words, names, slogans
Logos, designs, symbols
Letters, numerals
Shapes and colors (if capable of distinguishing)
🔹 Registration
Trademarks are registered with the Registrar of Trade Marks under the Bermuda Government.
The registration process involves:
Filing an application with details of the mark and goods/services
Examination for conflicts or defects
Publication for opposition (usually 2 months)
Registration if no successful opposition
Bermuda also allows international trademark registration under the Madrid Protocol, which allows designation of Bermuda in an international application.
🔹 Rights Granted
Owners of registered trademarks have the exclusive right to use the mark in connection with the registered goods or services.
They can prevent unauthorized use, imitation, or infringement of the trademark.
Trademarks can be assigned or licensed.
🔹 Duration and Renewal
Trademark registration lasts 10 years from the filing date.
Registrations can be renewed indefinitely in 10-year increments upon payment of renewal fees.
🔹 Enforcement
Trademark infringement is enforceable in Bermuda courts.
Remedies include injunctions, damages, and the destruction or forfeiture of infringing goods.
Criminal penalties may apply for willful infringement.
🔹 International Treaties
Bermuda benefits from international trademark protections through the UK’s memberships.
Registration via the Madrid Protocol facilitates protection in Bermuda through international filings.
Summary Table
| Aspect | Details |
|---|---|
| Governing law | Trade Marks Act 1974 (amended) |
| Protection scope | Words, logos, shapes, sounds, etc. |
| Registration | Registrar of Trade Marks, Bermuda |
| Duration | 10 years, renewable |
| Enforcement | Courts with civil and criminal remedies |
| International treaties | Paris Convention, Madrid Protocol |
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