Legal Framework and Competent Authorities

The current trademark regulations in Brunei are mainly based on the Trademarks Act implemented on June 1, 2000, and the Trademarks Regulations 2000. The competent authority is the Brunei Intellectual Property Office (BruIPO). BruIPO is responsible for handling various trademark - related matters in the country, such as application acceptance, examination, registration authorization, and management. Applicants can submit registration applications to it via paper documents, online channels, or by designating Brunei through the Madrid System.

International Treaties

Brunei is a party to the Paris Convention, the WIPO Convention, the TRIPS Agreement, and the Madrid Protocol. As a member of these international intellectual property treaties, Brunei adheres to the provisions of relevant international treaties in trademark protection. This provides convenience and unified standards for domestic and foreign applicants in aspects such as trademark applications, protection, and handling of international trademark affairs.

Trademark Protection Principles

Brunei adopts the "first - to - use" principle for trademark protection. Meanwhile, citizens of Paris Convention member states can file trademark registration applications in Brunei based on trademark applications or registrations in their home countries and enjoy certain priority - related conveniences.

Trademark Classes and Protection Scope

Trademark Classes

Brunei uses the 11th edition of the Nice Classification to classify goods and service categories and accepts multi - class applications in a single form. Elements eligible for trademark registration are diverse, including words, names, graphics, three - dimensional signs, color combinations, slogans, appearances, animated images, etc.

Protection Scope

The types of trademarks protected in Brunei cover goods trademarks, service trademarks, certification trademarks, series trademarks, associated trademarks, defensive trademarks, and colored trademarks. As long as they meet the registration requirements of Brunei's trademark law, all the above - mentioned types of trademarks can obtain corresponding legal protection. Others are prohibited from using identical or similar trademarks on the same or similar goods and services, safeguarding the rights and interests of trademark owners.

Information and Documents Required for Trademark Registration Application

• A fully completed application form.
• A power of attorney signed by the applicant (note that the power of attorney should meet the specified format and requirements).
• One clear trademark drawing. If applying for a colored trademark, a description of the color or color combination is required. If the trademark contains non - English words, a certified transliteration and translation are needed.
• The full name, nationality, and registered address of the applicant.
• A detailed list of goods or services (which should closely follow the Nice International Classification).
• If claiming priority, priority - proof documents are required (such as a certified copy of the basic application. If the document is in another language, an English translation is also necessary).

Trademark Application Process and Time Required

Trademark applications in Brunei can be made through two methods: single - application and Madrid - application. The application process involves steps such as preparing application documents, submitting the application, examination, and publication. The time required varies depending on the application method.

Application Methods and Time

Single - application: A receipt can be obtained within 2 weeks after submitting the application, and the examination period ranges from 12 to 24 months. This method offers flexible application timing and allows for selection based on specific goods in the country, reducing the likelihood of goods - related corrections. However, in addition to paying the registration fee to the Brunei Trademark Office, local lawyer fees are also required, resulting in relatively high overall costs.

Madrid - application: A receipt is received in approximately 3 months, and the examination period is 18 - 24 months. Its advantage lies in that one application can designate multiple contracting parties (including Brunei), with simple application procedures, time and cost savings, and no need to notarize the power of attorney. Nevertheless, it requires the applicant to have a basic trademark registration in their home country. If the basic trademark in the home country is revoked or invalidated, the relevant international registration will also become invalid.

Application Process

Preparing Application Documents: This includes a clear trademark drawing (specifying colors if it's a colored trademark), a detailed description of goods or services (classified according to international classification standards), the applicant's name, address, contact information, etc. If applying through an agency, a power of attorney is also needed. Additionally, if the applicant is a company, a copy of the business license with the official seal or a scanned copy is required. For individual applications, a copy of the passport and an ID card copy are necessary. If claiming priority, priority - proof documents are also required. If the applicant has no domicile or business office in Brunei, a Brunei address for document service must be provided.

Submitting the Application: The application can be submitted to the Brunei Trademark Office (BruIPO) through online or paper - based methods. After submission, an application number will be obtained. It can also be applied by designating Brunei through the Madrid System.

Examination

Formal Examination: After the application is submitted, the Trademark Office conducts a formal examination of the applied - for trademark, mainly reviewing the completeness and standardization of the application materials. If it meets the requirements, the Trademark Office will grant the application date and application number and issue a "Trademark Acceptance Notice". If not, the Trademark Office will send a correction notice and a time - limit correction notice to the applicant, requiring the applicant to make corrections within the specified time limit. If the applicant fails to make corrections within the specified time limit or the corrections still do not meet the requirements after correction, the Trademark Office will not approve the trademark registration.

Substantive Examination: The trademark registration authority conducts a series of activities, such as inspections, data retrieval, analysis and comparison, and investigations, to determine whether the trademark registration application complies with the provisions of the trademark law, and decides whether to give a preliminary approval or reject the application. At this stage, it mainly examines whether the trademark meets the registration requirements, including distinctiveness and legality.

Publication

If the trademark passes the examination, it will be published in the official gazette for 3 months. During this period, any interested party or prior - right holder can file an opposition.

Approval and Issuance of Certificate

If there is no opposition or the opposition is not established during the publication period, the trademark will be approved for registration, and a trademark registration certificate will be issued. Under smooth circumstances, it takes 12 - 18 months to register a trademark in Brunei.

Trademark Protection Period and Renewal

Protection Period

The validity period of a registered trademark in Brunei is 10 years, calculated from the registration date or application date (the application date and registration date are the same). During this period, the trademark owner enjoys the exclusive right to use the trademark in Brunei. Others are not allowed to use identical or similar trademarks on the same or similar goods and services without permission.

Renewal Provisions

Renewal can be processed within 6 months before the trademark expires, and the renewal period is also 10 years. If the 6 - month renewal period is missed, there is a 6 - month grace period, but additional official fees are required for renewal during the grace period. When applying for renewal, the corresponding application documents and fees need to be submitted to the Brunei Intellectual Property Office (BruIPO) as required. For trademarks designated to Brunei through Madrid international registration, the renewal is carried out in accordance with the relevant regulations of the Madrid System.

Non - Use Cancellation System

The non - use cancellation system for trademarks in Brunei stipulates that if a trademark has not been actually used in the country for 5 consecutive years after registration, anyone can apply for its cancellation, except in special circumstances such as force majeure.

Conditions for Applying for Cancellation

If a trademark has not been actually used in Brunei for 5 consecutive years after registration, and this 5 - year period is calculated from the date when the registration process is completed. If the trademark registrant cannot prove that there has been trademark - using behavior within these 5 years and there is no justifiable reason such as force majeure, others can apply for canceling the trademark on this ground. For example, objective reasons like government policy restrictions and natural disasters that prevent the use of the trademark can be regarded as force majeure situations, while subjective reasons such as lack of funds usually cannot be used as an excuse for non - use.

Cancellation Procedure

When someone applies for canceling a trademark on the grounds of non - use, the Brunei Trademark Office will notify the trademark registrant and give it a certain period to respond. The registrant needs to provide evidence of trademark use within the specified time. This evidence includes, but is not limited to, physical goods with the trademark, sales contracts, invoices, advertising materials, exhibition participation certificates, etc., to prove that the trademark has been actually used within 5 years after registration. If the registrant cannot provide valid evidence of use and there is no excusable reason, the Trademark Office will cancel the registration of the trademark according to the application, and the trademark owner will lose the exclusive right to use the trademark.

Special Circumstances Explanation

If the form of trademark use is slightly different from the registered form but does not change its distinctive features, it will not be a reason for canceling or removing the trademark, nor will it weaken the protection of the trademark. Moreover, the use of a trademark in connection with some of the goods or services in the registered class can prevent the cancellation of the trademark for other goods or services in the same class. The use of a trademark by related companies, if not deceiving the public and under the control of the trademark owner, can be regarded as the use by the trademark owner and will not affect the validity of the trademark and its registration.