The following articles shall comprehensively guide to register trademark in Brunei which the trademark applicant should note prior to officially filing Brunei trademark.
| QUESTIONS | ANSWERS |
| What is trademark rights in BRUNEI: first to file or first to use? | The rule “first to use” is recognized popularly in Brunei |
| What is advantage of trademark registration in BRUNEI? | Registration is not mandatory to set up rights to trademark, but it bring many benefits for the owner: provides the first facie evidence of ownership, local and area protection of trademark, prevents the third party from using trademark illegally, permits the owner to license the third party and have a chance to generate royalties from licensing.
Besides, when infringement occurs, the owner does not have to provide evidence of using trademark and only need to give the proof of registration in order to deal with this infringement. Moreover, He can claim cancellation to any illegal actions of others. Therefore, If the owner only uses trademark without registering, he may spend more time, expense, effort to prove for ownership of trademark.
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| Definition of trademark in BRUNEI (i.e. What can be a trademark in BRUNEI)? | Like almost other countries, a sign which wants to be become a trademark in Brunei must be capable of distinguishing the goods and services of other individuals and organizations.
A trademark can include words; names; devices; certain three dimensional shapes; colors; slogans; trade dress/getup or holograms. Therefore, to become a trademark in Brunei, signs need to satisfy the following conditions: “It must a visible sign and the trademark is capable of distinguishing trademarks of other individuals and organizations”. |
| Do we need to conduct trademark search in BRUNEI before officially filing trademark in BRUNEI? and Why? | It is not mandatory. However, it is very useful for applicant to determine the chance of success when filing a trademark application in Brunei. |
| What international treaties BRUNEI is a member? | Brunei takes part in global treaties such as Paris Convention, Nice Agreement, Vienna Agreement, Trips |
| What rights do owners of trademark have after getting trademark registration in BRUNEI? | After successful trademark registration, the owner can use their trademark exclusively. At that time, they shall have rights to oppose subsequent conflicting applications, bring a cancellation action against a subsequent conflicting registration, sue for infringement against confusingly similar third party trademark use, license third parties to use the trademark, apply for seizure by customs authorities of counterfeit goods being imported into this jurisdiction and obtain damages for infringement. Besides, the protection certificate of a trademark is as valid within 10 years and after 10 years the trademark applicant still has rights with their trademark according to the rule Brunei applied. However, the trademark applicant should renew the certificate without limitations before and after 6 months from the expired date of the certificate in order to enjoy the advantages of trademark registration. A penalty is applied if the trademark applicant pays fees late. |
| Does trademark in Brunei need proof of use after successful registration? | Brunei applied the rule “first to use”, so the use of the trademark is very important in Brunei, but the proof of the use is not mandatory for any individuals and organizations. However, when an interested third party has requirements and files an application of cancelation to the Trademark Office, the trademark applicant can loss their trademark if they do not use their trademark within constant 5 years from the date of completion of the registration procedure.
Meanwhile, when the trademark applicant receives the requirement from the Office, they can prove their use of the trademark by filing documents of commercial actions such as advertising, establishing business locations or at least providing a single sale. Therefore, to avoid filing the application of cancelation, the trademark applicant should use their trademark in fact. |