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Brunei (BN)

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Latest News: 01-25-2017 (Newsletter Issue 2/17)
Requirement for Declaration of Intention to Use When Designating BN
On December 19, 2016, the Government of Brunei Darussalam notified the Director General of WIPO of the requirement for a declaration of intention to use the mark (DIU) when Brunei Darussalam is designated in an international application or subsequently.

The said notification will enter into force on March 19, 2017.

For further information, please see here

Source: www.wipo.int


10-12-2016 (Newsletter Issue 18/16)
Accession to Madrid System
On October 6, 2016, Brunei Darussalam deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol for the International Registration of Marks.

Its accession makes Brunei the 98th member of the Madrid System. The Protocol will enter into force with respect to Brunei Darussalam on January 6, 2017.

From early next year, local brand owners in Brunei Darussalam can begin using the Madrid System to protect their marks in the 114 territories of its 98 members, by filing a single international application in one language and paying one set of fees in a single currency.

Source: www.wipo.int


Legal basis is the law of Trade Marks Act (Cap 98) and Trade Mark Rule 2000 in force since 2000.
Brunei is a member of the Madrid Protocol.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Nice classification, 7th edition
Registrable trademarks must be distinctive. Trademarks can also include graphically representable signs, such as words, names, acronyms, letters, numbers, devices, colours, colour combinations, the three-dimensional form of a good or its packaging and any combination of the mentioned signs.
The following trademark types are registrable: trade marks, service marks, collective marks and certification marks.
The application is to be filed at the Brunei intellectual Property Office (BruIPO).
In Brunei, multiple-class applications are possible.
An application can include goods in any number of classes, but with additional charges for each additional class.
Foreign applicants do not need a local registered trade mark agent, but the application must include an address for service in Brunei.
Power of Attorney is not required.
The application process includes a formal examination, an examination of distinctiveness and a search for prior trademarks.
Signs not deemed distinctive in the examination can be registered if distinctiveness has been acquired by use.
Trademark applications accepted by the Registrar are published once in the official gazette prior to registration.
The approximate time frame for completing the registration process of a trademark in Brunei is from 1 to 2 years.
The opposition period is 3 months from publication date of the application.
Protection begins from the date of application. A trademark registration is valid for 10 years from the date of application. The registration is renewable after a period of 10 years.
The grace period for renewals is 6 months from the expiration date of the trademark.

Further practical details are available in our publication on this topic here
If the trademark has not been used within 5 years from registration, it may be subject to cancellation.

Further practical details are available in our publication on this topic here
The official application fee is BND 150 for one class and BND 150 for each additional class. The publication fee is BND 125.


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Practical details on licensing procedures, requirements and effectiveness are available in our publication on this topic here.
Country Index is a free service of SMD Group. We thank the following law firms for their assistance in updating the information provided.

Country Survey
02-20-2017
KASS International Sdn. Bhd., Kuala Lumpur, Malaysia

12-17-2014
KASS International Sdn. Bhd., Kuala Lumpur, Malaysia

09-06-2013
KASS International Sdn. Bhd., Kuala Lumpur, Malaysia

08-02-2012
KASS International Sdn. Bhd., Kuala Lumpur, Malaysia



Brunei Intellectual Property Office (BruIPO)
Design & Technology Building
Simpang 32-37,
Anggerek Desa Technology Park,
Jalan Berakas BB3713
Brunei Darussalam
Tel +673 238 0966
Fax +673 238 0545
Mail enquiries@bruipo.com.bn
www.energy.gov.bn/BruIPO/Home....


World Intellectual Property Organization (WIPO)
34, Chemin des Colombettes
1211 Geneva 20
Switzerland
Tel +41 22 33 89 11 1
Fax +41 22 73 35 42 8
www.wipo.int