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Trademark Registration in Bermuda

Work with a local trademark attorney to file your trademark for registration. Take advantage of our easy, fast & efficient process. No hidden fees.

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Trademark application form for Bermuda

Submit an online form in order to request your trademark registration in Bermuda. You can pay later or have your personal consultant check your form first.

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Study

Check if your trademark is available for registration.

The results will resolve any doubts regarding your mark and give you confidence in the outcome of the registration process.

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Monitoring

Our AI search will constantly monitor Trademark Registers for any similar marks.

We'll manually check the results and regularly deliver reports of any conflicting marks allowing you to enforce your rights.

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Renewal

Request a cost-effective trademark renewal in 150+ countries, don’t let your trademark expire.

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1. Trademark Registration in Bermuda

To register a trademark in Bermuda, you must file an application with the Bermuda Intellectual Property Office (IPO). The application must include a description of the goods or services that the trademark will be used for, as well as a representation of the mark itself.

The application must also include details of the applicant's name and address, as well as evidence of any prior use of the trademark. It is also recommended to conduct a search of the Bermuda trademark register and other sources to ensure that the mark is available for registration and does not infringe on existing trademarks.

Once the application is submitted, the IPO will examine it to ensure that it meets all requirements for registration. If the application is approved, the trademark will be published in the Bermuda Gazette and a certificate of registration will be issued.

The registration of a trademark in Bermuda is valid for 10 years and can be renewed for further 10-year periods. It is important to monitor the use of the trademark and take action against any infringement, as failure to do so could result in the loss of the trademark.

It is recommended to seek professional legal advice to ensure that the trademark registration process is carried out correctly and to minimize the risk of potential disputes or challenges to the registration.

2. How to register a trademark in Bermuda

a. Trademark Registration Process in Bermuda.

The trademark registration process in Bermuda can be challenging, as there are several requirements that must be met in order to successfully register a trademark.

One of the main challenges is ensuring that the trademark is distinctive and not similar to any existing trademarks in Bermuda. This requires conducting a comprehensive search of the Bermuda trademark register and other sources to ensure that the mark is available for registration and does not infringe on existing trademarks.

Another challenge is meeting the specific requirements for the application, which includes providing a description of the goods or services that the trademark will be used for, as well as a representation of the mark itself. The application must be accurate and complete, as any errors or omissions can lead to delays or even rejection of the application.

In addition, the registration process can be time-consuming, as it typically takes several months for the IPO to examine the application and issue a certificate of registration. This can be a challenge for businesses that need to protect their trademarks quickly in order to prevent others from using them.

Overall, while the trademark registration process in Bermuda can be challenging, it is crucial to ensure that the process is carried out correctly in order to protect your intellectual property and avoid potential legal disputes or challenges. It is recommended to seek the advice of a professional trademark lawyer to guide you through the process and maximize your chances of success.

b. Types of Trademarks in Bermuda.

In Bermuda, there are several types of trademarks that can be registered:

  1. Word Trademarks: These are trademarks that consist solely of words, letters, or numerals. They can be registered if they are distinctive and not similar to any existing trademarks in Bermuda.
  2. Figurative Trademarks: These are trademarks that consist of a design, logo, or image. They can be registered if they are distinctive and not similar to any existing trademarks in Bermuda.
  3. Combined Word and Figurative Trademarks: These are trademarks that consist of both words and a design, logo, or image. They can be registered if they are distinctive and not similar to any existing trademarks in Bermuda.
  4. Collective Trademarks: These are trademarks that are used by a group of individuals or organizations to distinguish their goods or services from those of others. They can be registered if they meet the requirements for registration and are used by a bona fide association.
  5. Certification Trademarks: These are trademarks that are used to certify the origin, material, quality, or other characteristics of goods or services. They can be registered if they meet the requirements for registration and are used by a certifying organization.

Regardless of the type of trademark, it must be distinctive and not similar to any existing trademarks in Bermuda in order to be registered. It is recommended to seek the advice of a professional trademark lawyer to determine the best type of trademark for your business and ensure that it meets the requirements for registration.

c. Registration requirements in Bermuda.

In order to register a trademark in Bermuda, there are several requirements that must be met. These include:

  1. Distinctiveness: The trademark must be distinctive and not similar to any existing trademarks in Bermuda. This means that it must be capable of distinguishing the goods or services of the applicant from those of other businesses.
  2. Use: The trademark must be in use or intended to be used in Bermuda in connection with the goods or services for which it is being registered. Evidence of use may be required as part of the application process.
  3. Representation: The trademark must be represented in a clear and precise manner, either through a graphical representation or a description.
  4. Goods or Services: The application must include a description of the goods or services for which the trademark will be used.
  5. Applicant's Details: The application must include the name and address of the applicant, as well as details of any prior use of the trademark.
  6. Payment of Fees: The required fees must be paid at the time of application.

Also note, that the registration process can be complex and time-consuming, and it is recommended to seek the advice of a professional trademark lawyer to ensure that the application meets all requirements and maximize the chances of success.

Once the trademark is registered, it is crucially important to monitor its use and take action against any infringement, as failure to do so could result in the loss of the trademark. The registration is valid for 10 years and can be renewed for further 10-year periods.

d. Trademark Priority in Bermuda. 

In Bermuda, trademark priority is determined by the date of filing of the trademark application. This means that the first person or entity to file a trademark application for a particular mark will have priority over subsequent applicants.

Bermuda follows the "first-to-file" principle, which means that even if a trademark has been used in Bermuda prior to the filing of the application, the applicant who files the application first will have priority over others.

It is therefore important to file a trademark application as soon as possible to establish priority and protect your intellectual property rights in Bermuda. In addition, it is recommended to conduct a search of the Bermuda trademark register and other sources to ensure that the mark is available for registration before filing the application.

It is also worth noting that Bermuda is a member of the Paris Convention for the Protection of Industrial Property and the World Trade Organization's Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS), which means that priority can be claimed based on a foreign trademark application or registration in certain cases. This can be a valuable option for businesses that are seeking to expand their trademark protection internationally.

Overall, understanding trademark priority is crucial for protecting your intellectual property rights in Bermuda, and it is recommended to seek the advice of a professional trademark lawyer to guide you through the process and ensure that your rights are fully protected.

e. Trademark database in Bermuda. 

The Bermuda Intellectual Property Office (IPO) maintains a trademark database that contains information on all registered trademarks in Bermuda. However, there is a fee for searching the trademark database in Bermuda. The Bermuda Intellectual Property Office (IPO) charges a fee for conducting a trademark search, which is currently set at $50 per search.

The IPO's search service provides a search report that includes information on registered trademarks in Bermuda that are similar to the proposed trademark. This can be a valuable resource for determining whether a proposed trademark is available for registration in Bermuda before submitting a formal application.

In addition to the IPO's search service, there are also private companies and trademark lawyers who offer trademark search services in Bermuda. These services may provide a more comprehensive search that includes additional sources, such as domain name registrations and common law trademarks.

Overall, it is highly recommended to conduct a comprehensive search of all relevant sources before applying for a trademark registration in Bermuda. This can help ensure that the proposed trademark is available for registration and minimize the risk of infringing on the rights of other trademark owners.

3. Free Trademark Search in Bermuda

a. How to perform a detailed trademark search.

Performing a detailed trademark search in Bermuda involves searching multiple sources to ensure that the proposed trademark is not already in use or registered by someone else. Here are the steps to perform a detailed trademark search in Bermuda:

  1. Start with a preliminary search: Use the publicly available trademark databases to search the trademark database for registered trademarks that are similar to your proposed trademark. This will give you an initial idea of whether your proposed trademark is likely to be available for registration.
  2. Conduct a common law search: Search business directories, trade publications, and online sources to identify any unregistered trademarks that may be in use in Bermuda. These can be more difficult to identify, but can still pose a risk to your proposed trademark if they are already in use.
  3. Search domain name registrations: Search for domain names that incorporate your proposed trademark to see if they are already registered. This can be a good indication of whether the proposed trademark is in use in Bermuda.
  4. Consult with a trademark lawyer: A trademark lawyer can help you navigate the trademark search process and identify potential conflicts that you may have missed. They can also advise you on whether your proposed trademark is likely to be accepted for registration by the Bermuda IPO.

Overall, performing a detailed trademark search in Bermuda can be complex, and it is recommended to seek the advice of a professional trademark lawyer to guide you through the process and ensure that your rights are fully protected.

b. Where can I search for trademarks?

You can search for trademarks in several places, depending on the jurisdiction and scope of your search. Here are some options:

  1. Regional trademark databases: Some regions, such as the European Union and the African Intellectual Property Organization (OAPI), have regional trademark databases that cover multiple countries within the region.
  2. International trademark databases: The World Intellectual Property Organization (WIPO) maintains a database called the Global Brand Database, which contains information on trademarks registered in multiple countries around the world.
  3. Common law sources: In addition to registered trademarks, there may be unregistered trademarks that are protected under common law. These can be more difficult to search for, but can be found through sources such as business directories, trade publications, and online searches.
  4. Domain name registrations: Many trademark owners also register domain names that incorporate their trademark. Searching domain name registrations can help identify potential conflicts with existing trademarks.

Overall, it is recommended to conduct a comprehensive search of all relevant sources before applying for a trademark registration.

c. Unregistrable trademarks in Bermuda. 

In Bermuda, certain types of trademarks are considered unregistrable and cannot be registered with the Bermuda Intellectual Property Office (IPO). These include:

  1. Trademarks that are identical or confusingly similar to existing trademarks: Trademarks that are identical or similar to existing registered or pending trademarks cannot be registered in Bermuda.
  2. Trademarks that are generic or descriptive: Trademarks that describe the goods or services they represent or are considered generic terms cannot be registered in Bermuda.
  3. Trademarks that are deceptive or misleading: Trademarks that are likely to deceive or mislead the public, or that are contrary to public policy or morality, cannot be registered in Bermuda.
  4. Trademarks that are identical or similar to national emblems, flags, or other symbols: Trademarks that include national emblems, flags, or other symbols of national importance cannot be registered in Bermuda.
  5. Trademarks that include certain prohibited or restricted words: Trademarks that include certain prohibited or restricted words or phrases, such as "Royal" or "Red Cross," cannot be registered in Bermuda without authorization.

However, even if a proposed trademark is not listed above, it may still be subject to rejection if it is found to be too similar to an existing trademark or if it is deemed to be contrary to public policy or morality. Therefore, it is recommended to seek the advice of a professional trademark lawyer to ensure that your proposed trademark is registrable in Bermuda.

4. Trademark Office in Bermuda

The trademark office in Bermuda is the Bermuda Intellectual Property Office (IPO), also known as Department of Registry General. It operates under the Ministry of Home Affairs, which is responsible for promoting economic growth and development in Bermuda. The IPO is responsible for the registration and management of trademarks, patents, and other forms of intellectual property in Bermuda.

The Bermuda IPO provides a range of services related to trademarks, including the registration of new trademarks, the renewal of existing trademarks, and the resolution of disputes related to trademarks. The IPO also maintains a database of registered trademarks in Bermuda, which is available for public search online.

In addition to these services, the Bermuda IPO provides guidance and advice to individuals and businesses seeking to protect their intellectual property rights in Bermuda. The IPO can also provide information on the trademark registration process in Bermuda, including the requirements for registration and the fees involved.

a. Address of the Trademark Office in Bermuda.

​​The address of the Bermuda Intellectual Property Office (IPO) is as follows:

Bermuda Intellectual Property Office

Government Administration Building, 2nd Floor

30 Parliament Street, Hamilton HM 12

Bermuda

You can contact the IPO by telephone at +1 (441) 297-7739 or by email at [email protected]. The IPO is open to the public Monday to Friday from 9:00 a.m. to 5:00 p.m. local time, except on public holidays.

5. After Registration in Bermuda. 

a. For how long is a mark valid?

In Bermuda, a trademark registration is valid for a period of 10 years from the date of registration. After this initial period, the trademark can be renewed for successive 10-year periods by submitting a renewal application and paying the required fees.

Please note that a trademark registration can be cancelled or revoked in certain circumstances, such as if the trademark owner fails to use the mark for a continuous period of 5 years or more, or if the mark becomes generic or otherwise loses its distinctiveness. Therefore, it is recommended for trademark owners to use and maintain their marks properly to ensure that their registrations remain valid and enforceable.

b. Trademark Registration Certificate.

In Bermuda, once a trademark application has been approved and registered, the trademark owner will receive a Trademark Registration Certificate from the Bermuda Intellectual Property Office (IPO). This certificate serves as proof of the trademark registration and includes important details about the trademark, such as the registration number, the date of registration, and the name and address of the trademark owner.

The Trademark Registration Certificate is an important document that should be kept in a safe place and readily accessible by the trademark owner, as it may be needed to enforce the trademark against infringers or to prove ownership in legal proceedings. It is also important to note that the certificate does not give the trademark owner an automatic right to use the trademark in all circumstances, as the use of the trademark must still comply with the relevant laws and regulations in Bermuda.

c. How to maintain your mark after registration?

After registering a trademark in Bermuda, maintaining it properly ensures that it remains valid and enforceable. Here are some key steps to maintain your mark after registration:

  1. Use your mark: To maintain a trademark registration in Bermuda, the trademark owner must use the mark in commerce on the goods or services specified in the registration. The use of the mark must be consistent and continuous, and should not be interrupted for more than five years.
  2. Renew your registration: A trademark registration in Bermuda is valid for 10 years from the date of registration. To keep your trademark registration active, you must renew it every 10 years by submitting a renewal application and paying the renewal fee.
  3. Monitor your mark to ensure that no one else is using a similar or identical mark in connection with similar goods or services. You can monitor your mark by conducting regular searches of trademark databases and monitoring the marketplace for potential infringing uses.
  4. Enforce your rights: If you become aware of any potential infringement of your trademark rights, it is up to you to take action to enforce your rights. This may involve sending cease-and-desist letters, filing infringement actions in court, or pursuing other legal remedies.

By following these steps, you can help ensure that your trademark registration in Bermuda remains valid and enforceable, and that your rights are protected. It is also recommended to consult with a trademark attorney or other intellectual property professional for guidance and advice on maintaining your trademark after registration.

6. Trademark Renewal in Bermuda

a. How to renew a trademark in Bermuda. 

To renew a trademark in Bermuda, the trademark owner must file a renewal application with the Bermuda Intellectual Property Office (IPO) and pay the required renewal fee. Here are the steps to renew a trademark in Bermuda:

  1. Check the renewal deadline: A trademark registration in Bermuda is valid for 10 years from the date of registration, and the renewal deadline is 10 years from the date of registration. The trademark owner should check the renewal deadline and make sure to file the renewal application before the deadline.
  2. File the renewal application: To renew a trademark in Bermuda, the trademark owner must file a renewal application with the IPO. The renewal application should include the registration number, the name and address of the trademark owner, and the goods or services covered by the trademark.
  3. Pay the renewal fee: Along with the renewal application, the trademark owner must pay the required renewal fee. The fee can be paid online or by mail, and the payment should be made in Bermudian dollars.
  4. Receive the renewed registration: Once the renewal application and fee are received and processed by the IPO, the trademark owner will receive a new Trademark Registration Certificate, which will show the updated renewal date.

In case if the trademark owner fails to renew the trademark registration before the deadline, the registration will expire and cannot be renewed. Therefore, it is important to keep track of the renewal deadline and renew the trademark registration in a timely manner to ensure that the trademark remains valid and enforceable.

7. F.A.Q. Trademarks in Bermuda

a. Bermuda trademarks fees.

The official fees for trademark registration in Bermuda are as follows:

  1. Application fee: $256 for the first class of goods or services, and $100 for each additional class.
  2. Examination fee: $50 per class of goods or services.
  3. Publication fee: $100 per class of goods or services.
  4. Registration fee: $250 per class of goods or services.
  5. Renewal fee: $250 per class of goods or services for a 10-year renewal.
  6. Restoration fee: $500 for the first class of goods or services, and $250 for each additional class, if the trademark registration has lapsed due to non-renewal.

Kindly note that these fees are subject to change, and the trademark owner should confirm the current fees with the Bermuda Intellectual Property Office (IPO) at the time of filing.

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