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Trade Marks


Form and Fees
Class Heading
Journal

What is a trade mark?

A trade mark means any perceptible sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals, or the shape of goods or their packaging. 

Since 2017, Brunei Darussalam can now accept registrations for non-traditional marks: smell, sound and taste - so long as an applicant can visually represent the product’s mark in writing.
 
Is registration of a trade mark complusory?

Registration is not compulsory but there are advantages to it. A registered trade mark owner can get exclusive legal rights to use, sell, or license their trade mark and can stop others from using their marks without their permission.

​How long is a registered trade mark protected?

It begins on the date on which the application for its registration was filed and it is initially protected for 10 years. This may be renewed indefinitely subject to the payment of a renewal fee.

Application Process

Step Procedure
1

Lodgment of Trademark Application

  • Covering Letter;
  • A4-size representation of the proposed trade mark;
  • Form TM1 (and Form TM22 for Foreign Applicants);
  • Prescribed fee of BND150 per class
2 A notice will be sent to the applicant with particulars of the trade mark and filing date.
3 Application is examined for any deficiencies (formalities examination) and in accordance with the set requirements under the law.
4 Once application approved, issuance of Form T27 and lodgment of publication fee of BND125.
5 Publication in Trade Mark Journal for 3 months (Opposition Period)
6 Issuance of Certificate of Registration to applicant.


Once registered, is the trade mark protected worldwide?

Protection is only territorial. A trade mark register with BruIPO is only protected in Brunei Darussalam. However, Brunei Darussalam acceded to the Madrid Protocol in October 2016. This means that any local applicant wishing to protect their trade mark overseas, can do so via the Madrid System, subject to a fee. 

Is it possible to check if a similar trade mark has been registered?

Yes, searched can be conducted at the Business Support Centre (BSC) kiosk located at,

Level 1, Design & Technology Building, Anggrek Desa

Additionally, the searchable database for any trade mark information from BruIPO can also be accessed at:

http://www.wipo.int/branddb/bn/en

https://www.aseanip.org/Services/ASEAN-TMview