How to Register a Trade or Service Mark In Bermuda

 Register a Trade or Service Mark In Bermuda By Yourself

1. You can apply for the procedure by filling out the form TM3 in accordance with the Trade Mark regulations. It is up to you to decide if you want your mark to be registered in Part A of the register or under part B. The majority of applications are filed under part A (it offers slightly greater protection in court procedures in comparison to the Part B).
2. Define the kind of products or services to be covered.
3. All applications must contain an address to receive service in Bermuda. This is the address we use to mail any official letters. It is typically the law firm’s address, however it’s not limited to a law firm’s address.
4. Complete the form and submit it together with the other documents.

After application submission:
Once the application is received The details of the application are recorded in the IPO’s database, as well as an acknowledgement notice is sent. The date of the application is the date an office was informed of the application documents.
It will then be scrutinized through the Trade Mark Examiner The Trade Mark Examiner will be looking for various aspects of the mark for example:

1. Does the mark have distinctiveness? Does it include distinct elements, and also some that aren’t? Are the services or goods within the proper category? The majority of questions are raised with respect to marks that identify the services or goods claimed or aren’t sufficiently distinct, or comprise of commonly used surnames, place names, or simple numbers or letters.
2. Does the mark have a registered? If the same or a similar mark , is already registered on the Register that covers the same or similar products or services, the objection can be raised.

If there’s any reason for the mark to not be able to proceed, the Examiner will issue a written report with the reasons for the refusal or requirement. The Examiner might also suggest methods to address these objections can be overridden. A time frame will be set to respond.
If there are no objections or if there is no objection the trademark will be announced within The Official Gazette (The Bermuda Sun). The applicant will be provided with an announcement notice before the publication of the advertisement in the newspaper that identifies the date and time of the advertisement.

registration for Trade or Service Marks: Trade or Service Mark:

1. In order to complete the registration process, the person applying for registration must submit a written request that the marks be registered using an TM4 Form.
2. Attach the correct cost of $220.00.
3. The trademark will be added into the Register and the certificate of registration is issued.

Required Documents For Register a Trade or Service Mark

• Application form
• A list of products or services that are covered by the mark
• A clear replica of the mark
• Proof of the amount of money

Office Locations and Contacts

Intellectual Property Registrations:
The Registry General
4th floor
Government Administration Building
30 Parliament Street,
Hamilton HM 12
BERMUDA
Telephone: (441)297-7708
Registrar General: 297-7762
Acting Assistant Registrar General: 297-7976
Trademark Agent 298-6381
Domain Name Office Domain Name Officer
Examiner: 297-7544
Trademark Administrator Trademark Administrator
Senior Trademark Clerk: 297-7708
Trademark Clerk: 297-7708

Eligibility

• Applications are accepted by any organization, business or person, regardless of regardless of whether Bermudian or not.

Fees

• The fee for application is $244. It is non-refundable. Fees can be paid in cash, check or credit card (payable directly to Accountant)

Validity

• The registration is valid for a period of seven years. At the end of the period, you will be eligible to renew it for a time that is 14 years.

Documents to Utilize

• Formulary for application: Form

• 

Instructions

The registration of Trade or Service Mark Use of the Trade or Service Mark when it is used in connection with products or services is enough to be granted common legal rights. However, it’s more effective if it is registered with the Intellectual Property Office. The registration of the trademark or service mark or Service mark gives the owner the sole right to utilize the mark for the products and services for the purpose for which it has been registered. The owner is able to claim infringement if someone else uses the identical or similar mark on identical or comparable products or services for which it is registered.

Intellectual Property Office: The Office gives rights to Patents, Designs, Trade and Service Marks, registers top-level domains with country codes and provides advice on copyright issues and generally enforces Intellectual Property legislation in Bermuda. The Intellectual Property Office is a department of the Registry General. Registry General.

Restrictions: Trade and Service trademarks should not contain words or symbols, nor devices that:

• are used to describe the item or service;
• They are directly connected to the quality and character of the products;
• could be deceiving or cause confusion.
• Are in violation of law
• It is similar to any national, regional or international flag such as arms, crests, or emblems:
• represent the arms or of any seal or flag of Bermuda;
• are representations of the arms or emblems of a town or city of Bermuda or of the public authority or establishment in Bermuda;
• include or contain scandalous content:
• are not eligible for protection by the court;
• are not a significant geographical references to geography;
• are commonly used names.
• Are generic, that is, the term used most often for services and goods which do not differentiate them.

Requirements Information

• Where do you want your mark to be registered? either part A, or part B. of the Register
• The classification of the goods or services to be considered. The international accepted classification system that divides all products into 34 classes, and the services in 11 categories . Each application is only able to encompass one class. You must clearly identify the service or product you are claiming. Examples:
• Class 09 includes binoculars, cameras, telescopes night vision equipment, as well as tape recorders.
• Class 25 includes jackets, dresses and t-shirts socks, stockings footwear and children’s pants.
• Class 37 comprises: repair, construction, maintenance and services for vessels in the marine sector.
• Class 42 covers computer programming , designing of Internet websites, guidance and other information related to the above mentioned services.
• Bermuda address: must be an address on the street that is it should not be a P.O. Box number.

Please refer to the “External Links” section further down.

The Document is required

• Trademarks and Service Marks are method that a business can identify their products or services. Traders may use numerals, words, signatures logos, designs or designs or combinations of any of these.

Information that can be useful

• TRADE MARKS and SERVICE MARKS Regulations 1993 Act

External Links

• Government of Bermuda: Government of Bermuda