Bermuda has a comprehensive legislation protecting all aspects of intellectual property. The majority of Bermudian intellectual property (IP) laws derive from their UK equivalents. The legal system is common law, and continues to evolve to meet the needs of current technological developments and trends.

Bermuda is not a signatory to the Paris Convention for the Protection of Industrial Property or the Patent Cooperation Treaty, nor was it party to the GATT TRIPS agreement. New copyright legislation is in the final process of being drafted, and it is anticipated that new trademarks legislation will be introduced within the next few years to maintain coherence with the registration systems in other jurisdictions.

Relief available for IP infringement includes emergency and permanent injunctions, Anton Piller orders, delivery up and/or destruction of infringing articles, discovery upon oath, damages, and an enquiry as to damages or an account of profits. Costs will usually be awarded to the winning party.


Registration of Trademarks in Bermuda

1. Statutory Regime
   Trademarks and service marks are registered in Bermuda pursuant to the Trademarks Act 1974 (as amended) (the Act). The statutory provisions were largely derived from similar provisions in the old 1938 UK legislation. Bermuda is not a party to any international convention related to trademarks protection.
   
   Under the Act, trademarks registered in the UK (under UK as opposed to Community or International Trademark provisions) will automatically be deemed to meet the registrability criteria in Bermuda, subject to the same conditions and limitations imposed by the UK Registrar. It is not possible to "extend" a UK registration to Bermuda (as is possible in certain Caribbean jurisdictions), and a separate local application must be filed.
   
   It is not possible to widen the scope of a specification post filing, and it is therefore of the utmost importance that all goods/services of interest are included in the initial application. Bermuda will accept applications for full class headings in all but classes 7, 9 and 42. It is not necessary to prove use prior to securing registration. Under the Act, multi-class applications are not possible, and it is therefore necessary to file separate applications in each particular class of interest. Series applications are available.
   
2. The Register
   Bermuda operates an independent trademarks register, which is divided into two Parts: A and B. To be registrable in Part A, a mark must inherently distinguish the applicant’s goods or services from those of other traders. Part B is for less distinctive marks.
   
   The principal difference between registration in Parts A and B is that after seven years, a Part A registration is deemed to be conclusively valid unless it can be shown that the registration was obtained by fraud or offends certain specific provisions of the 1974 Act. Furthermore, the infringer of a Part-A registration cannot rely on the statutory defense that there is no likelihood of confusion - a defense available to the infringer of a Part-B registration.
   
   Registration is valid for an initial period of 7 years, and may be renewed for subsequent 14 year periods on payment of a fee.
   
3. Procedure
   Applications for registration are prepared and filed with the Intellectual Property Office, which operates under the auspices of the Bermudian Ministry of Labor, Home Affairs, and Public Safety. An application will only be accepted if it is accompanied by an authorization of agent form. A questionnaire setting out pertinent information required to complete the application process. Bermuda follows the WIPO international classification system for goods and services (Nice Classification 8th edition).
   
   The examination process usually takes about two months. The time limit imposed by the Registrar for responding to office actions is six months from the date of issuance, although time extensions are available in two month blocks.
   
   Once a mark is accepted for registration, it is advertised for opposition purposes. If no third party opposition is filed within the statutory two-month period, application is made for issue of the registration certificate. In a straight-forward case, the registration certificate would normally be issued within eighteen months from the time of filing the application.
   
   Registrations in Bermuda may become vulnerable to attack by aggrieved third parties following five years continuous non-use.