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Trademark | Brunei

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Trademark

Summary Application Procedure Filing Requirements Charges Documents Required

1. Legislations:
Trade Marks Act (Cap 98).

2. Definition:
A trademark is defined as any visually perceptible sign capable of being represented graphically and capable of distinguishing goods or services of one undertaking from those of other undertakings.

3. Criteria:
To be registrable, a trademark must be new (ie: there is no identical or confusingly similar mark in the same class by another applicant) and distinctive.

Shape, colour and aspects of packaging are registrable in Brunei. There is also provision for the protection of well-known trademarks.

Service marks are registrable. Multi-class applications, divisional applications, merger of applications and registrations are also available in Brunei.

4. Membership:
X – Paris Convention
X – Madrid Protocol

Malaysia is a member of the Paris Convention from 1989, whereby applications from convention countries will be subject to the same priority date in Malaysia. The application for priority has to be made within six months of the first application in a convention country.

5. Rule of Priority:
The first user of a mark is entitled to its registration in Brunei. Classification is identical with international classification.

6. Duration and Renewal:
Under the old law, trademark are viable for an initial period of seven years and renewable for a further period of fourteen years. After the amendment to Brunei’s trademarks law on 1 June 2000, a 10-year term of renewal will be granted where the renewal falls due on or after 1 June 2000. The old 14-year term will be granted only if the renewal fell due before 1 June 2000.

1. Application
Every applicant is required to submit an application with the Brunei Trademark office

2. Examination
On submission of the application, the Trade Marks office will examine the application for statutory compliances. Such examinations could lead to office actions. Applicants will be informed and also given an opportunity to reply to such office actions.

3. Publication
A trade mark which passes through examination be published in the government gazette subject to the satisfaction of the registrar.

4. Opposition
Third parties can oppose the application within three months of publication.

5. Registration
On completion of objections and opposition a Certificate of Registration will be issued by the trade marks office subject to the payment of a fee. A trade mark once registered is valid for a term of 10 years and can be renewed every 10 years.

The following information and/or documents are required to file an application for a trademark application in Brunei:-

1. Application form.

2. Power of Attorney.

3. One (1) clear copy of the mark.

4. The full name, nationality and registered address of the applicant.

5. A list of goods or services (which closely follow the Nice International Classification).

6. Description of claim if colour or a combination of colour or a combination of colours is claimed as Trademark.

7. For marks that contain non-English words, a certified transliteration and translation.

8. If convention priority is claimed, a certified copy of the priority

Items Official Fees (USD) Professional Fees (USD)
Search per mark per class 20 120
Filing application for one class excluding registration fee 130 420
Reporting the issuance of the Notice of Acceptance of the application for publication, preparing and arranging for advertisement of an accepted application in the government gazette, checking and forwarding the Certificate of Registration 105 210
Recordal of change of name, address, applicant, etc. 35 170
Recordal of Assignment, per mark 55 250

Basic Requirements

Documents Remarks Time of Filing
Power of Attorney and statement of mark owner Duly signed On filing date
Mark in the form of foreign characters has to be accompanied with transliteration in English Certified by Translator 2 months from filing.


Additional Documents for Claiming Convention Priority
Documents Remarks Time of Filing
Priority documents Certified copy of the basic application. Documents in any other language has to be provided with its English translation 2 months from filing


Documents for Filing a Request of Recordals of Assignments and Changes
Documents Remarks Time of Filing
Copy of :
Assignment deed, or
Document of name change
Document of address change
notarized
certified
certified
Anytime after registration


Documents for Filing an Opposition or Counter-Opposition

(Deadline for Applying is during 3 Months Publication Period of the Trade Mark Application to be Opposed)

Documents Remarks Time of Filing
Copy of registrations in various countries no legalization On filing date
Copy of advertisements/ brochures of the products bearing the mark no legalization; as many and as early as possible On filing date

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