Trademarks Modernization in Bermuda and The Bahamas

The Bermuda Registry General has finally announced that its eagerly awaited new trademarks law, the Trade Marks Act 2023, will come into effect on January 1, 2025, replacing the previous iteration from half a century ago, the Trade Marks Act 1974.

Highlights from the new legislation include provision for certification and collective marks plus non-traditional marks such as colors and sounds, removal of the A/B-split registration system with different rights conferred under each part, and the introduction of 10-year registration terms (currently the initial registration term stands at 7 years followed by 14-year renewal terms). 

In another recent and equally important announcement, in July 2024 the Bahamian government passed new legislation across trademarks, patents and copyrights that represent a complete overhaul of the IP legal framework for the country. We are eagerly await the implementing legislation, which we hope will follow soon.

Most notably for brand owners would be the move from an antiquated trademark classification system to the use of Nice and the ability to register service marks in a country that relies on tourism and service-oriented industries, allowing many brand owners to properly protect their commercial interests for the first time.

For more detail on how these changes will benefit brand owners, get in touch, here.