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.
To register a trademark in Brunei, a trademark must meet the following conditions:
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.
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:
A trademark registration dossier in Brunei includes the following documents:
To file for trademark protection in Brunei, customer can apply using the following filing methods:
|Application Fee (BND)
|File a trademark application on form TM1
|150/group of goods/services
|For each group of goods and services, pay attention to submit according to form TM2 if there is more than 1 group of goods and services;
|150/group of additional goods/services
Trademark application processing process in Brunei
The procedure for trademark registration in Brunei includes the following steps when submitting the application:
Upon receipt of the application, BIIP will conduct a review of the application to ensure compliance with legal requirements, including:
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.
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.
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:
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.
If customer want to apply for trademark registration in Brunei, please contact Viet An Law Firm for the most effective support.
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