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overview
In Brunei, you can apply for trademark registration online. According to Brunei law, if the applicant does not have a domicile or place of business within Brunei, they must provide a Brunei address for document delivery. The Brunei Intellectual Property Authority is the Brunei Intellectual Property Office. The 1984 Trademark Law of Brunei and the implementation regulations of the 1957 Trademark Law are generally similar to the 1983 Trademark Law of the United Kingdom and its implementation regulations.
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Application principles
Trademark registration adopts the principle of prior use to protect commodity trademarks, certification trademarks, series trademarks, joint trademarks, defensive trademarks, and color trademarks. The new Trademark Law, which came into effect on June 1, 2000, added protection for service trademarks.
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Duration
A registered trademark in Brunei is valid for 10 years from the date of registration, and can be renewed within 6 months before the expiration date. The extension period is 6 months, and additional official fees are required to renew during the extension period.
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official language
Malay
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Trademark revocation
The reason for revoking a trademark is that it has not been used. The trademark should be used within 5 years from the date of registration to avoid revocation. To meet the usage requirements, the trademark should be used in the Brunei domain, and the number of uses can be minimized. Regular trademark usage reports are not required.
A lawsuit for revocation of an unused trademark may be filed by any interested third party.
If the trademark cannot be used due to import restrictions, other policy factors, or any legitimate reasons, it is exempt from revocation. -
Registered trademark
The Brunei Trademark Law requires trademarks to have a certain degree of distinctiveness, including text, name, acronym, letters, numbers, graphics, 3D graphics, color combinations, and combinations of the above elements. Since 2017, holographic, dynamic, and odor trademarks are also eligible for registration.
Brunei is a contracting party to international intellectual property treaties such as the TRIPS Agreement, Paris Convention, and WIPO Convention, as well as a member of the Madrid Protocol. Therefore, trademark registration in Brunei can be handled through "single country registration" or "Madrid International Registration".
(1) Preliminary examination: After the application is submitted, the Trademark Office conducts a formal examination of the applied trademark. If it meets the requirements, the Trademark Office will grant the application date and number, and issue a "Trademark Acceptance Notice". If it does not comply with the regulations, the Trademark Office will issue a notice of correction and a notice of deadline for correction to the applicant, requiring the applicant to make corrections within the prescribed time limit. If the trademark is not corrected within the prescribed time limit or still does not meet the requirements after correction, the Trademark Office will not approve the trademark registration.
(2) Substantive examination refers to a series of activities conducted by the trademark registration authority, including inspection, data retrieval, analysis and comparison, investigation and research, to determine whether a trademark registration application complies with the provisions of the Trademark Law, and to give preliminary approval or reject the application. The main content of this stage is to examine whether the trademark design provided by the trademark registration applicant complies with the provisions of the Trademark Law.
(1) If the applied trademark is the same as the applicant's prior rights, the applicant's prior rights may be challenged by others;
(2) If the applied trademark is the same as the prior right or a trademark on similar goods/services, the applicant needs to raise an objection within one year;
(3) If no objection is raised within one year, the trademark will be registered;
(4) During this period, the applicant may reapply.
1) Objection: The applicant for registration may file an objection application with the Brunei Intellectual Property Office for a trademark that is identical or similar to the trademark after receiving the trademark application, or file a trademark registration application with the court of Brunei within six months after receiving written notice from the Brunei Intellectual Property Office. The trademark opposition period is one year from the date of receipt of the notice.
2) Rejected: When a trademark applied for registration is rejected, revoked or invalid, the trademark has a 3-month publication period in the Brunei Intellectual Property Office, during which anyone can apply for a review to the Brunei Intellectual Property Office. If the applicant has objections to the rejection of the reexamination application, they may file an administrative lawsuit with the Brunei Intellectual Property Office within one year from the date of receiving the notice. If the applicant fails to submit a review application within the statutory time, or fails to file a lawsuit within one year after receiving written notice from the Brunei Intellectual Property Office.
Applicant's name and address (in both Chinese and English)
2. Trademark design (JPG format)
3. Goods/Services: According to the International Classification of Goods and Services for Trademark Registration, Brunei trademarks are currently divided into 45 categories, and applicants can choose 10 categories for registration. The goods/services used for trademark registration shall be based on their actual needs, and the minimum packaging unit shall not exceed 100.
4. Applicant's identification documents:
a、 Copy of passport or ID card
b、 The company application requires a copy of the business license stamped with the official seal or scanned copy;
c、 Personal application requires a copy of passport and a copy of ID card;
d、 Power of Attorney (stamped with official seal): If entrusting an agency to handle the matter, a power of attorney stamped with official seal or signature must be provided.
