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Brunei

Legal Basis Trademarks (Revised edition 2000) (2000)

Emblems and Names (Prevention of Improper Use) (1968)

Merchandise Marks (1953)

Trademark (Importation of Infringing Goods) Regulations (Revised Edition 2000) (2000)

Trademark Rules (Revised Edition 2000) (2000)

Major international treaties signed
  • Paris Convention for the Protection of Industrial Property (February 17, 2012)
  • Convention Establishing the World Intellectual Property Organization (April 21, 1994)
  • Convention concerning the Protection of the World Cultural and Natural Heritage (November 12, 2011)
  • Convention for the Safeguarding of the Intangible Cultural Heritage (November 12, 2011)
  • Agreement establishing the World Trade Organization (WTO) (January 1, 1995)
  • World Trade Organization (WTO) – Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS Agreement) (1994) (January 1, 1995)
  • ASEAN Framework Agreement on Intellectual Property Cooperation
  • ASEAN Trade in Goods Agreement (May 17, 2010)
  • Trans – Pacific Strategic Economic Partnership Agreement (July 12, 2006)
  • Madrid Protocol for the International Registration of Marks
Costs of obtaining a trademark Please contact us at brunei@mirandah.com
Average time to obtain a trademark Between 12 – 18 months
Official language for trademark prosecution English
Registrable marks Any visually perceptible sign capable of being represented graphically and which is capable of distinguishing goods or services of one undertaking from those of other undertakings.

Words (including personal names), designs, letters, numerals or the shape of goods or their packaging. Also includes collective marks and certification marks.

Filing and prosecution procedures Stage 1: Filing
Stage 2: Examination
Stage 3: Advertisement
Stage 4: Opposition
Stage 5: Registration
Number of classes 1-42 (7th edition Nice Classification)
Multiple class filing Available
Filing of series marks Available
Necessary document for filing None
Electronic Filing If the trademark is in non-English words or in foreign characters, a certified copy of its translation is necessary.
Common objections
  • Lack of capacity to distinguish the goods/ services of one entity from those of others;
  • Mark is devoid of distinctive character and/or descriptive to the goods/services;
  • That the mark is contrary to public order or morality;
  • That the mark is likely to mislead the public as to, inter alia, geographical origin;
  • That the mark is identical with, or is an imitation of or contains as an element, an armorial bearing, flag and/or other emblem;
  • Prior conflicting rights.
Extension of office action deadlines Yes, subject to the discretion of the Registrar
Opposition term 3 months from the date on which the application was published in the Official Gazette
Term of trademark protection 10 years from the date of registration (Grace period of 6 months from the date of expiry is permissible)
Restoration of lapsed trade mark Within 6 months from the date of the removal of the trademark from the Register
Parallel Imports Yes
Minimum period of use to avoid non-use cancellation action Within 5 years from the date of completion of the registration procedure.
Useful links www.mirandah.com

www.bruipo.com.bn

Trademark Applications

Year Resident Non-Resident Total
2001 28 730 758
2002 37 572 609
2003 41 777 818
2004 51 742 793
2005 56 790 846
2006 24 661 685
2007 52 808 860
2008 40 904 944
2009 35 614 649
2010 33 692 725
2011 19 838 857
2012 53 1,075 1122
2013 41 1,094 1135
2014 101 1,074 1175

Source: WIPO