Trade Marks
The Trade Marks Act 1974 permits proprietors and registered owners and users to register their ‘trademarks or service marks’ in Bermuda with respect to goods or classes of goods used by a manufacturer or merchant in the ordinary course of trade thereby ensuring protection from infringement in Bermuda.

Trade marks of sufficient distinctiveness may be registered in Bermuda provided they are in respect of particular goods or services or classes thereof.

The registration of a trade mark in Bermuda is initially for a period of seven years but may be renewed for a maximum period of fourteen years. Applications for the registration of a trade mark in Bermuda are submitted to the Registrar General.

Patents and Designs
The Patents and Design Act, 1930 gives any inventor the right to apply for a patent in Bermuda which, when approved by the Registrar General, will vest in the patentee the sole right and benefit of using within Bermuda the invention for a period of sixteen years or as extended upon application a further total period of fourteen years.

Any person being a grantee of a patent in the United Kingdom may apply within three years from the date of issue of the patent to have such patent registered in Bermuda.

Similarly, the author of any new or original design may make application to the Registrar General to register a design in Bermuda. Once the design is registered, the owner has copyright in the design for five years from the registration date or a further period of five years upon an application for extension.

Bermuda is to soon consider passing data protection legislation.

For further information, please contact lmw@richmond.bm