Trademark Search in Brunei

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Frequently Asked Questions
What is the time frame for filing a trademark registration?

The average amount of time needed to complete the registration process is 12 months.

If I register my trademark in Brunei, do I have protection in other territories?

No. A registered mark is protected only in Brunei.

Do I need to sign a Power of Attorney?

Yes. A power of attorney may be requested during the prosecution phase.

Are there any benefits from a pre-filing use of the trademark?

Yes. Prior use of a trademark has the following benefits:

  • The first person to use the mark is entitled to registration
  • It can be used to demonstrate the mark's acquired distinctiveness and overcome opposition based on non-distinctiveness
Will there be problems in case I don’t use my trademark after registration?

Yes. Third parties can attack a registered mark on the ground of non-use.

What are the types of trademark that can be registered in Brunei?

The following marks/signs are accepted for registration:

  • Names
  • Words
  • Devices
  • Some three-dimensional shapes
  • Slogans
  • Colours
  • Holograms
  • Trade dress or get-up
What are the phases of application after a trademark has been filed in Brunei?

Trademark application in Brunei has 3 phases:

  1. Examination – The trademark is examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, and conflict with earlier rights.
  2. Publication - The trademark particulars are published online and made accessible to third parties.
  3. Registration – The trademark is granted registration.
What type of trademark is not registrable?

The following marks are prohibited from registration:

  • Marks that contradict principles of morality or public order
  • Generic words or terms
  • Names, symbols or flags of nations, states, and international organizations
  • Marks that are not distinctive
  • Marks that are used primarily as geographic location names
  • Scents
  • Sounds
Does Brunei use the "Nice Classification" system?

Brunei follows an earlier version of the Nice Classification with Classes 1 to 42.

Does the Community Trademark apply for Brunei?

No. Brunei is not a European Union member; hence, the Community Trademark is not applicable in this jurisdiction.

Is there any possibility to claim priority in Brunei?

Yes. Applicants may claim priority application in Brunei. The following conditions apply:

  • The applicant’s home country is a Paris Convention member
  • The application date in the home country is at least 6 months earlier than the application date in Brunei
  • The applicant’s home country is a World Trade Organization member
What do I need to do to satisfy the use requirement?

The registered mark must be used within 5 years from the date the registration process was completed. The amount of use can be minimal but it has to occur in the jurisdiction of Brunei.

Once my trademark has been registered, for how many years will be valid?

The initial trademark registration term is 10 years.

What will be the renewal date of my trademark?

The first renewal is made 10 years from the date of filing the application.

Is it legal to use my trademark even if it is not yet registered?

Use of unregistered mark for goods and services is legal.

Does having a registered trademark in Brunei give me any right?

The “first to use” rule applies in Brunei. This means that registration is not necessary in order to establish rights to a trademark.

What is the web address of the trademark national office?

The national trademark office of Brunei is accessible online at: http://www.bruipo.com.bn/

Is there any need to use my trademark before I apply for registration?

Either intent to use or actual use is necessary for an application.

Can a Trademark Application be opposed?

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
Who can oppose my trademark application?

Anyone can oppose a trademark application.

Is it possible to cancel a registration?

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
Are there any rights established by having a registered trademark?

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
How long is the opposition period?

The opposition period immediately starts upon the publication date.

 

The opposition period will end three months after the publication date.

Is Brunei a member of the Madrid System?

No. Brunei is not a party to the Madrid Protocol or Madrid Agreement.

Do I need to present periodic statement of use?

Periodic statements of use are not necessary.

When should I renew my trademark?

Subsequent renewals are done every 10 years.

What will be the renewal date of my trademark?

The first renewal is made 10 years from the date of filing the application.

Is there any documentation that should be presented when renewing a trademark?

The trademark owner must fill up the Renewal Application Form.

If my trademark expires, do I have a grace period?

Yes. Trademark owners are given 6 months grace period after the renewal date has expired.

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