Brunei - Trademark

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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.

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