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Island brought up to date on trademark legislation

The island’s trademark legislation has been updated by the House of Assembly in keeping with international intellectual property standards.

The Trademarks and Service Marks Regulations Amendment and Validation Act 2023 modernises Bermuda’s 1974 legislation, Vance Campbell, the tourism and Cabinet Office minister, told MPs yesterday.

Registration and renewal periods move from seven and 14 years to ten years each, permitting a more frequent collection of fees.

It broadens the definition of a trademark, which was restricted to goods only under the 1974 laws, to include services as well.

The Bill puts the register of trademarks into a single category, as opposed to the two categories under the old legislation.

Mr Campbell, speaking for the Premier and Minister of Finance, told the House that it would afford better protection against trademark infringement and the importation of counterfeit goods.

He noted that it would require some training to bring staff up to speed.

Scott Pearman, of the One Bermuda Alliance, signalled the Opposition’s support for the move, saying the island’s stance mirrored that of Britain.

Mr Pearman called it “yet another example” of bipartisanship in the House, adding: “This is not just a matter of changing the law. There will be an administrative burden.”

The Bill was debated simultaneously with the Government Fees (Trade Marks) Regulations 2023, updating 1993 legislation, and the Trade Marks Act 2023.

Mr Campbell said that the updates put the island in a better internationally competitive position, as well as increasing revenues to the Government.

Walter Roban, the home affairs minister, said the updates had taken “great care and attention” to bring the island into alignment with the Nice Classification, an international classification of goods and services applied for the registration of marks, along with the Paris Convention for the Protection of Industrial Property.

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Published September 30, 2023 at 7:21 am (Updated September 30, 2023 at 7:21 am)

Island brought up to date on trademark legislation

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