May 17, 2017 (Newsletter Issue 9/17)
Individual Fee when Designating BN
On April 3, 2017, Brunei Darussalam has deposited the declaration that it wants to receive an individual fee instead of a share in the revenue produced by the supplementary and complementary fees when Brunei is designated in the international registration or with the renewal of any such international registration.
The said declaration will enter into force on July 3, 2017.
Source: www.wipo.int
Jan 25, 2017 (Newsletter Issue 2/17)Requirement for Declaration of Intention to Use When Designating BNOn 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 Oct 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 effective 06 January 2017.
Brunei has made the declaration referred to in Article 5(2)(b) and (c) of the Madrid Protocol. Under this provision, the time limit to notify a provisional refusal of protection is extended to 18 months, and a provisional refusal resulting from an opposition may be notified after the expiry of the 18-month time limit.
Trademark protection is obtained by registration. It can also be acquired by sufficient public recognition.
Trademark law in Brunei confers ownership based on a first-use basis.
Nice classification, 11th edition - Version 2017
WIPO will apply the 2022 version of the eleventh edition of the Nice Classification to:
- any application for international registration that is received by the Office of origin on or after January 1, 2022;
- any application for international registration that is received by the International Bureau of WIPO on or after January 1, 2022, when the said application is received by the International Bureau of WIPO after the two-month time limit referred to in Article 3(4) of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks.
Registrable trademarks must be able to distinguish the goods and services of different organizations or individuals. Trademarks can also include graphically representable signs, such as letters, numerals, words, pictures, images, including three-dimensional images or their combinations, presented in one or several given colour and any combination of the mentioned signs.
Furthermore, packaging, slogans, colours, holograms, or trade dress/get-up which are non-conventional trademarks are registrable.
The following trademark types are registrable: trademarks, 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 trademark agent, but the application must include an address for service in Brunei.
If an agent is appointed, Form TM22 for the appointment of an agent must also be filed and the prescribed fee paid.
Power of Attorney simply signed for foreign applicants is 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 trademarks journal prior to registration.
The approximate time frame for completing the registration process of a trademark in Brunei is from 15 to 18 months.
National:The opposition period is 3 months from publication date of the application published in the Official Gazette.
Details regarding the
Opposition Period against designation of IR Mark are available in our publication on this topic
here
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.
Practical details on grace periods for trademark renewals are available in our publication
hereThe official application fee is BND 150 (form TM1) for one class and BND 150 for each additional class (form TM2). The publication fee is BND 125.
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Practical details on trademark licensing are available in our publication
hereOnline you can see a limited part of information about this country.
More in-depth details are available for the following aspects:
General Trademark Regulations
Grace Period for Trademark Renewal
Trademark Licensing
If you like to purchase all available information for this country, click the order button.
The total price is
49.00 EUR. A PDF-Download will be sent to you electronically.
Sep 27, 2022
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