English
The average time frame for the registration approval is 9 months, if no objections or oppositions arise.
No. A registered mark is protected only in Brunei.
Yes. A power of attorney may be requested during the prosecution phase.
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
Yes. Third parties can attack a registered mark on the ground of non-use.
The following marks/signs are accepted for registration:
- Names
- Words
- Devices
- Some three-dimensional shapes
- Slogans
- Colours
- Holograms
- Trade dress or get-up
Trademark application in Brunei has 3 phases:
- Examination – The trademark is examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, and conflict with earlier rights.
- Publication - The trademark particulars are published online and made accessible to third parties.
- Registration – The trademark is granted registration.
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
Brunei follows an earlier version of the Nice Classification with Classes 1 to 42.
No. Brunei is not a European Union member; hence, the Community Trademark is not applicable in this jurisdiction.
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
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.
The initial trademark registration term is 10 years.
The first renewal is made 10 years from the date of filing the application.
Use of unregistered mark for goods and services is legal.
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.
Subsequent renewals are done every 10 years.
The first renewal is made 10 years from the date of filing the application.
The trademark owner must fill up the Renewal Application Form.
Yes. Trademark owners are given 6 months grace period after the renewal date has expired.