Located on the northern coast of Borneo Island in Southeast Asia, Brunei is often known as a rich country with abundant oil reserves. Brunei is a member of the Paris Convention and the Madrid Protocol. Therefore, the applicant for trademark registration in Brunei, in addition to the usual direct application for trademark registration, can also request to designate the trademark protection in Brunei based on an already registered trademark application previously filed in one of the countries that are members of the Madrid Protocol.
Principle of trademark registration in Brunei
Brunei is a country that reviews trademark applications based on the ‘First to Use’ principle. As a result, industrial property rights to a trademark are determined by those who first use it, not the first to file the registration.
This principle means that when examining two or more applications for the same trademark or when a dispute arises in the registration of a trademark, the registry will verify the date of use of the trademark with the related parties. Any party that proves that the use of its trademark is in advance will be granted a protection registration for that trademark.
Trademark registration process and procedures in Brunei
Required documents for trademark registration in Brunei
- Trademark registration application.
- Sample TM1.
- Copy of trademark to be registered (In A4 size).
- Additional model TM22.
Verify the trademark
- Application form examination (such as trademark group check, mark description, trademark copy, …)
- If the application is valid, BruIPO will issue a TM27 form. The applicant needs to complete and submit the TM27 form within 2 months of the date BruIPO issues the application.
Granting protection titles
- Trademark Application will be published in the Trademark Journal. Within 3 months of the date of publication, others may file an objection to the above application.
- During the objection period, if the trademark is not challenged or in the event of an objection but the ruling is in favor of the applicant, the applicant will be granted a protection title within 1 month later.
- The successfully registered trademark will be published in the Trademark Journal.
Note when registering trademarks in Brunei
What affects the trademark registration process?
- The submitted documents are incomplete or unsatisfactory.
- The applicant did not respond to BruIPO.
When does a protected trademark come into force?
The protection for a registered trademark begins on the day the application is filed with BruIPO (filing date).
How long will a registered trademark be of protection?
Brunei, like most other countries, recognizes that trademarks will be valid for 10 years and can be renewed repeatedly as long as the owner meets the legal requirements for maintaining and renewing trademarks following registration and timely submission of all required documents. After 10 years, the trademark owner needs to extend the trademark protection period.
After registration, will the trademark be protected worldwide?
Trademark registration with BruIPO is limited to trademark protection in Brunei Darussalam. However, the applicant may apply for international trademark registration through the Madrid System for trademark protection in all member countries of the Madrid System.
You also find list of trademark attorneys in Brunei here.