English
The “first to use” rule applies in Brunei. This means that registration is not necessary in order to establish rights to a trademark.
The national trademark office of Brunei is accessible online at: http://www.bruipo.com.bn/
Either intent to use or actual use is necessary for an application.
Trademark applications can be opposed on the following grounds:
- Proprietary rights
- Mark is descriptive
- Mark is not distinctive
- Mark is misleading, disparaging or deceptive
- Mark is functional
- Breach of copyright
- Rights of a well-known mark
- Use of protected armorial bearings, state emblems or flags
- Rights of a tradename
- Rights in a registered design
- Rights in a personal name
- Mark is generic
- Mark uses a geographical indication
- Mark contradicts public policy and principles of morality
- Rights in a company name
Anyone can oppose a trademark application.
A registered mark can be canceled on the following grounds:
- Proprietary rights
- Mark is descriptive
- Mark is not distinctive
- Mark is misleading, disparaging or deceptive
- Mark is functional
- Breach of copyright
- Rights of a well-known mark
- Use of protected armorial bearings, state emblems or flags
- Rights of a trade name
- Rights in a registered design
- Rights in a personal name
- Mark is generic
- Mark uses a geographical indication
- Mark contradicts public policy and principles of morality
The following rights are established through registration:
- Exclusive rights to use the registered mark
- Right to oppose later conflicting applications
- Right to bring a cancellation action against later conflicting registrations
- Right to file an infringement case against third parties for using a confusingly similar mark
- Right to license other parties to use the mark
- Right to apply for seizure by the customs authorities for importing counterfeit goods
- Right to obtain damages for infringement
The opposition period immediately starts upon the publication date.
The opposition period will end three months after the publication date.
No. Brunei is not a party to the Madrid Protocol or Madrid Agreement.
Periodic statements of use are not necessary.