Government Fees (Trade Marks) Regulations 2025

Year2025
CategoryConsolidated
Version17
Last Updated2026-04-07 15:10:34
File Size139.0 KB
Sourcebermudalaws.bm

QU OF NT AT A FE RU

BERMUDA

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

BR 69 / 2025

Government Fees Act 1965, makes the following Regulations:

Citation

1 These Regulations may be cited as the Government Fees (Trade Marks) Regulations 2025.

2. Interpretation

(1) In these Regulations, unless the context otherwise provides—

“Act” means the Trade Marks Act 2023;

“Registrar” has the meaning given in section 2 of the Trade Marks Act 2023;

“Regulations” means the Trade Marks Regulations 2023.

(2) In the Schedule, a reference to—

(a) a section, is a reference to that section of the Act;

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

(b) a regulation, is a reference to that regulation in the Regulations; and

(c) a form, is a reference to that form as prescribed.

3. Fees payable in accordance with Schedule

(1) In respect of each of the functions performed by the Registrar specified in the

Schedule, there shall be payable a fee as set out in the Schedule in relation to the function.

(2) In all cases, where no fee is specified in the Schedule in relation to an international trade mark (BM) for a function that would otherwise be subject to a fee in respect of a registered trade mark, the fee prescribed for that function in respect of a registered trade mark shall apply in respect of an international trade mark (BM).

(3) Subject to regulation 4, any fee payable pursuant to this regulation shall be payable to the Registrar.

4. Fees payable by revenue stamps or as determined by the Registrar

(1) The fees payable under regulation 3 may be paid—

(a) by any stamp for the time being available for the payment of stamp duty in Bermuda; or

(b) in such other manner as may be determined by the Registrar.

(2) The Registrar may refuse to accept any form or other document filed pursuant to the Act or the Regulations thereunder unless it is accompanied by the prescribed fee.

(3) Where fees payable under regulation 3 are paid by means of an adhesive stamp—

(a) the stamp shall be affixed to the form mentioned in the Schedule or other document filed with the Registrar for the purposes of the Act or the Regulations thereunder; and

(b) it shall be the duty of the responsible officer of the office of the Registrar to ensure that any stamp affixed as provided in paragraph (a) is effectively cancelled so as to render the stamp incapable of being used again for the payment of any fee or for the payment of stamp duty or any postal purpose.

(4) The Accountant-General may, on the recommendation of the Registrar, refund any fee paid in error, or in the event of any stamp being improperly cancelled under this regulation or for any other proper cause.

Disposal of fees

5 All fees collected in accordance with these regulations shall be paid into the Consolidated Fund.

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Revocation

6 The Government Fees (Trade Marks and Service Marks) Regulations 1993 are hereby revoked.

Commencement

7 These Regulations come into operation on 1 August 2025.

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

SCHEDULE

(regulation 3)

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

1. Application for Registration
2. under section 41 and regulation 5
3. registration of a series under regulation 28
4. application for registration made under section 41 and regulation 8
5. related to deficiencies in application under (per regulation 13 document)
6. distinctiveness under regulation 15
7. Conversion of a pending application for $68 -

registration under Schedule 4, paragraph 11

8. Publication, Observations, Oppositions and Registration

application for registration under regulation

9. 24 or other publication not otherwise charged
10. opposition
11. statement (cooling off period) following agreement by the parties under regulation 18

statement

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

12. Filing with the Registrar observations on $38 -
13. application for registration under section 47 or other matter for which observations may be filed
14. opposition proceedings under regulation 20
15. issued by the Registrar under regulation 51

under regulation 51

16. Amendment of Application
17. section 48 and regulation 23
18. section 48 for each additional mark in series
19. publication under section 48 and regulation

publication under section 48 and regulation

20. 24 for each additional mark in series

application for registration under section 48 of the Act and regulation 8 (fee per class)

21. The Register
22. trade mark under section 49 and regulation
23. additional mark in series under section 49 and regulation 47

registered trade mark

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

24. Entry in register of particulars of No Fee -
25. assignments or other registerable transactions under section 34 and regulation

assignment or other registerable transaction under section 34 and regulation 49(1)(a), (d) or (e) (within 6 months of transaction)

26. Application to register or give notice of $247 TM 7

assignment or other registerable transaction under section 34 and regulation 49(1)(a), (d) or (e) (after 6 months but before 12 months following transaction)

27. Application to register or give notice of $278 TM 7

assignment or other registrable transaction under section 34 and regulation 49(1)(a), (d) or (e) (after 12 months following transaction)

28. Application to register or give notice of $38 TM 7

assignment or other registrable transaction for each additional mark under section 34 and regulation 49(1)(a), (d) or (e)

29. Application to record the grant of a license $112 TM 11
30. under section 34 and regulation 49(1)(b)
31. 34 and regulation 49(1)(b)
32. section 34 and regulation 49(1)(b)
33. licence for each additional mark
34. under section 34 and regulation 49(1)(c)

interest under section 34 and regulation 49(1)(c)

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

35. Application to record, amend or terminate a $38 TM 12
36. security interest for each additional mark
37. registered trade mark following a merger or other transfer under section 34 and regulation 49(1)(f)
38. registered trade mark following a merger or other transfer for each additional mark
39. register entry under section 60 and regulation 51 (each copy)
40. register entry under section 60 and regulation 51 (per page)
41. register in respect of registered trade mark under section 61 and regulation 52
42. Register for each additional mark under section 61 and regulation 52
43. Appointment of agent for each additional $38 TM 13

mark under regulation 60

44. Change of Classification
45. change of classification under section 62 and regulation 54

classification under section 62 and regulation 55

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

46. Opposition to proposal for change of $38 TM 10

classification for each additional mark under section 62 and regulation 55

47. Division and Merger
48. regulation 25
49. mark under regulation 26
50. regulation 27

additional mark or each additional class under regulation 27

51. Collective and Certification Marks, Disclaimer, Alteration
52. certification marks under Schedules 1 and 2 and regulation 29

collective and certification marks under

53. Schedules 1 and 2 and regulation 30
54. section 19 and regulation 31
55. section 53 and regulation 32
56. section 53 and regulation 32

section 54 and regulation 33

57. Renewal of Registration

regulation 35

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

58. Renewal of registration for each additional $20 TM 9
59. mark in series under section 52 and regulation 35
60. section 52 and regulation 35
61. Certificate of renewal for series $82 TM 9
62. Delayed renewal of registration under section $225 TM 9
63. 52 and regulation 36
64. series under section 52 and regulation 36
65. under section 52 and regulation 36
66. and regulation 37
67. mark in series under section 52 and regulation 37

class under section 52 and regulation 37

68. Revocation, Invalidation and Rectification
69. section 55
70. under section 61 and regulation 44
71. under section 56 and regulation 41

invalidation of registration under sections 55 and 56 and regulations 38, 39 or 41

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

72. Application to set aside cancellation of $198 TM 17A
73. application, revocation, invalidation of registration under regulation 43

for revocation or invalidation of registration or rectification of the register under sections 55, 56 and 61 and regulation 45

74. Request for Information and Inspection of Documents
75. per trade mark) under section 64 and regulations 56 or 58

trade mark) under section 64 and regulation (per 1/2

76. 56 hour)

(search by Registry per trade mark under (per 1/2 section 64 and regulation 57 hour)

77. Request for information before publication $38 TM 1

(search by Public per trade mark) under (per 1/2 section 64 and regulation 57 hour)

78. Inspection of documents by Public (per trade $86 TM 1

mark) under section 64 and regulation 58 (per 1/2 hour)

79. Proceedings before Decision of Registrar, Evidence and Costs
80. regulation 63, by each party respectively
81. requested by Registrar) in support of statement of case

of Reasons for Registrar’s decision

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

82. Correction of Irregularities, Calculation and Extension of Time
83. procedure or required filing under regulation
84. period has expired (per 2 month period) under regulation 71

has expired (per 2 month period) under regulation 71

85. Madrid Protocol (Schedule 3)
86. an international trade mark with Registry General as office of origin
87. for international registration
88. international trade mark (BM)
89. on single basic application or registration (per class)
90. on more than one basic application or registration (per class)

documentation regarding an international application or international registration (including any subsequent designation)

91. Notice of opposition to the conferral of $185 TM 10
92. protection on an international registration

international application

GOVERNMENT FEES (TRADE MARKS) REGULATIONS 2025

Column 1 Column 2 Column 3 Column 4 Fee No. Function Amount Form No.

93. Filing of regulations for international $38 -
94. collective or certification marks
95. collective or certification marks
96. international trade mark (BM)
97. granted for international trade mark (BM)
98. mark (BM)

international registration

99. Trade Marks (Customs) Regulations 2025

Customs under regulation 3 of the Trade Marks (Customs) Regulations 2025

Made this 25th day of July 2025

Minister of Finance

[Operative Date: 01 August 2025]

No cases currently cite this legislation.