The Trade Marks Act 2023, a landmark update to the island's intellectual property framework, will commence on 1 August 2025. This modernised legislation replaces the outdated Trade Marks Act 1974, bringing Bermuda in line with global best practices and enhancing the island's competitiveness in the international market.
The new framework broadens the definition of trade marks to include services, introduces Collective and Certification Marks, and standardises registration and renewal periods to 10 years. It also incorporates provisions for exclusive licensing rights and streamlines the registration system under a single, unified register.
“This legislation reflects Bermuda's commitment to modernising its legal and business environment," said the Minister of Economy and Labour, the Hon. Jason Hayward, JP, MP. "With the Trade Marks Act 2023, we are laying the groundwork for stronger brand protection, improved business clarity, and greater opportunities for local businesses to expand globally."
The Act also includes strengthened provisions for addressing infringements, clearer remedies, and enhanced enforcement powers for authorities to tackle counterfeit goods. Notably, the legislation supports Bermuda's efforts to comply with international treaties like the Paris Convention and Madrid Protocol, which will simplify and broaden global trade mark protections for local enterprises.
The Bill will be debated in the House of Assembly tomorrow, and a copy of the Trade Marks Act 2023 will be available on www.bermudalaws.bm, and Bermuda's Updated Trade Mark Framework (attached), which provides an overview of its key features, is available in the Resources section at https://www.gov.bm/department/registry-general.