Bermuda is located in the North Atlantic and is an autonomous overseas territory of the United Kingdom. The current trademark regulations are mainly based on the Trademark Law promulgated in 1974. The Intellectual Property Office of the General Administration of Registration is responsible for trademark affairs, and the official language is English. Trademark exclusive rights need to be obtained through registration. Trademark registration is not mandatory, but in order to protect the trademark or renew it, it must be registered in accordance with the law. The trademark registration in Bermuda follows the principle of "application first".
Bermuda has not joined any international intellectual property treaties, so trademark protection can only be handled through "single country registration".
At present, Bermuda trademark applications use the Nice Classification 11th edition for describing goods and services, and do not accept multi class applications. The elements that can be registered as trademarks in Bermuda include: text, name, graphics, color combinations, slogan, etc.
If the applicant does not reside in Bermuda, they must entrust a specialized agent in their home country to handle the matter. The basic materials required for trademark application are:
1. Trademark design;
2. Specific categories and product/service items;
3. Name and address of the applicant;
4. Power of attorney, to be signed;
5. No priority claim: The country is not a party to the Paris Convention and cannot claim priority at the time of application.
The main process for applying for registration of a Bermuda trademark is: application acceptance examination announcement approval issuance.
The application will be accepted 3-4 weeks after submission. The examiner will conduct formal and substantive examinations on the application. Formal review mainly examines whether the application requirements and classification information comply with regulations; The substantive examination includes the examination of the distinctiveness of the trademark, whether it violates the prohibition and prohibition clauses, and whether it conflicts with the prior trademark. If the examination fails, a rejection notice will be issued and the applicant will be required to respond within the time limit specified in the rejection notice. If the substantive examination passes, it will be arranged for public announcement. Two months from the announcement date is the objection period, during which any interested party or prior rights holder may raise objections. The main reasons for raising objections are:
1. Conflict with prior trademarks, such as owning a prior registered trademark;
2. The trademark lacks distinctiveness;
3. The trademark has adverse effects;
4. Malicious registration.
If there are no objections or objections are not valid during the announcement period, registration can be approved and a registration certificate can be issued. In a smooth situation, trademark registration in Bermuda takes about 2 years; If there are any objections or rejections during the process, the time will be extended to 3-4 years.
The Bermuda trademark is valid for 7 years after registration, starting from the date of registration; Renewal must be processed within 3 months before the expiration date, with a grace period of 6 months; The renewal period is 14 years.
The invalidation or revocation application after trademark registration can generally be filed for the following reasons:
1.If a trademark has not been actually used in that country for five consecutive years after registration, anyone may apply for revocation; Except for force majeure.
2. Violating relevant laws and regulations; Malicious registration.