English

Bermuda

Searches

Trademarks availability searches are made according to the local Classification of goods and services based on the international nomenclature of the Nice Agreement. Such search applications may target multiclass trademarks. Device marks can be searched. The approximate time frame to receive results is 7 working days.

Application

Trademark filing applications require a request to register the trademark, the name and address of the applicant, class, details of the mark, a JPEG version if a logo mark with details of colours if colours are claimed, a translation/transliteration of any words/characters not in English. Only single class applications can be filed. The application number is assigned at the time the application acknowledgement is issued. Use or intent to use is required, but at filing the application is not necessary to specify actual use or intent use of the mark. Priority cannot be claimed.

The criteria applied by the Examiner at the moment of examining the applications may be for formalities, distinctiveness, and conflict with prior applications and registrations. Likewise the application can be refused on the basis on an opposition of a non-registered well-known marks owned by third parties.

The applications are published once they have been examined in form and substance. Then the application can be subject of an opposition, which can be filed within 2 months as of the publication date of the mark. After the two-month period for filing an opposition has passed, the Registration Certificate takes a month to be issued.

Registration

Granted the registration, such is valid for 7 years and there are no maintenance fees due to keep it alive. The first renewal due is 7 years from the filing date, for period of 14 years.

Cancellation

A registration can be subject to a cancellation action. After one month before five years from the application, the trademark can be cancelled if was registered without bona fide intention. Third parties can require the cancellation for its non-use.

Renewals

Renewals are for a further period of fourteen (14) years and a fee is chargeable for each renewal. There is a period of six (06) months after the expiry date during which applications for renewal can be filed.