Trademark registration in Brunei

The trademark as a unique symbol, is not only a characteristic of distinction but also a mark of brand quality and reputation. In the context of increasingly internationalized markets, trademark registration in countries such as Brunei has become an important step, helping to protect the rights and identity of businesses in the global business community. Brunei is a small country, but its strategic location in Southeast Asia is attracting the attention of businesses eager to expand their influence. Viet An Law will guide customers with preliminary information about trademark registration procedures in Brunei through the article below.

Legal basis

• Trademark Act (Chapter 98, amended in 2000);
• Other relevant legal documents

Conditions for trademark registration in Brunei

To register a trademark in Brunei, a trademark must meet the following conditions:

Distinguishability:

A trademark must be able to distinguish one trader’s goods or services from another trader’s goods or services. The trademark must be unique and not commonly used in the relevant profession.

Availability:

A trademark must not be identical or confusingly similar to a trademark registered or being used in Brunei. This includes brands that have similar sounds, visual forms, or meanings.

No prohibited elements:

A trademark must not contain any elements prohibited by law, such as:

• Flag, coat of arms, emblem of Brunei
• Royal coat of arms or title
• Religious symbols or terms
• Immoral or offensive words or images
• Geographical indications that cause confusion about the origin of goods or services

Trademark dossier in Brunei

A trademark registration dossier in Brunei includes the following documents:

• Trademark Application Form (TM1): This form can be downloaded from the website of the Intellectual Property Office of Brunei (BIIP).
• Trademark copy: The trademark copy must be clear and accurate, and must fully represent elements of the trademark, including colors (if applicable).
• Trademark owner information: This includes the trademark owner’s name, address, nationality, and telephone number.
• List of goods or services: This category must fully list the goods or services for which the trademark will be used.
• Registration Fee: The trademark registration fee in Brunei is calculated according to the type of trademark and the number of classes of goods or services registered.

How to file a trademark application in Brunei

To file for trademark protection in Brunei, customer can apply using the following filing methods:

• Direct submission: Customer can go directly to the office of the Intellectual Property Office of Brunei at The Law Building Jalan Raja Isteri Pengiran Anak Saleha Bandar Seri Begawan BS 8511 Brunei Darussalam to submit customerr application and related documents.
• By Post: Customer can send customerr application and all required documents via postal service or courier service to the address of the Brunei Intellectual Property Office.
• Submit online via website: http://www.bruipo.gov.bn/SitePages/efiling.aspx When applying online, customer should pay attention to the payment of the relevant fee in accordance with the instructions of the Brunei Intellectual Property Office.

Trademark registration fees in Brunei

Trademark application processing process in Brunei

The procedure for trademark registration in Brunei includes the following steps when submitting the application:

Review customer profile

Upon receipt of the application, BIIP will conduct a review of the application to ensure compliance with legal requirements, including:

• Trademark distinctiveness: A trademark must be able to distinguish one trader’s goods or services from another trader’s goods or services.
• Trademark Availability: A trademark must not be identical or confusingly similar to a trademark registered or being used in Brunei.
• Non-prohibitiveness of trademarks: A trademark must not contain any element prohibited by law, such as the national flag, coat of arms, emblem of Brunei, royal coat of arms or titles, religious symbols or terms, immoral or offensive words or images,  confusing geographical indications about the origin of goods or services.
• Completeness and accuracy of records: Dossiers must include all necessary information, be clear and accurate.

If the dossier meets the requirements, BIIP will publish the trademark in the Trademark Magazine. If the application does not meet the requirements, BIIP will notify the applicant and request an amendment or supplementation of the application.

Publication and objection

If the dossier meets the requirements, BIIP will publish the trademark in Trademark Magazine within 3 months so that third parties can object. Anyone with a legitimate interest can file an objection. The objection must be filed in writing with BIIP within 3 months from the date of publication of the trademark in the Trademark Journal. The objection must clearly state the reasons and legal grounds for the objection. If an objection is filed, BIIP will review the objection and decide whether to accept it or not. If the BIIP accepts the objection, the trademark application will be denied.

Grant of protection titles

If no objections are filed, or all objections are resolved, BIIP will issue a certificate of protection. The protection title is valid for 10 years from the date of issue and can be renewed several times, each time for 10 years. In order to extend the validity of a protection title, the title holder must apply for renewal at least 6 months before the title expires. The fee for renewal of protection titles in Brunei is calculated according to the type of title and the number of classes of protected products or services.

A number of cases in which a protection title in Brunei may be terminated, including:

• The protection title expires without being renewed.
• A protection title is cancelled due to the owner’s relinquishment of ownership or due to a violation of the law.
• The protection title was cancelled due to a technical error.

A person who suffers damage due to the termination of the protection title has the right to claim compensation for damage from the owner of the protection title.

Note: The processing time for trademark registration documents in Brunei usually takes about 6-12 months.

Trademark registration service in Brunei of Viet An Law Firm

• Carry out the search and notify customers in writing of the results of trademark search in Brunei;
• Prepare dossiers and directly file and monitor the status of trademark application filings in Brunei on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Brunei;
• Assist in monitoring, representing the resolution of objections and feedback with intellectual property representatives carrying out procedures in Brunei.
• Receive dispatches, certificates and hand over to customers (if any).

If customer want to apply for trademark registration in Brunei, please contact Viet An Law Firm for the most effective support.