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Brunei Trademark Registration 

A trademark attorney will process your trademark registration in Brunei through the following steps:

 
Trademark Comprehensive Study   Step 1. Trademark Comprehensive Study:
A trademark search report with attorney's analysis and opinion about registration probabilities.
Step 1 Prices
 

 
Trademark Registration Request   Step 2. Trademark Registration Request:
A trademark attorney will file and process your trademark application before the Trademark Office.
Step 2 Prices
 

 
Trademark Registration Certificate   Step 3. Trademark Registration Certificate:
Once your trademark application is approved, we will obtain your registration certificate.
Step 3 Prices
 

Frequently Asked Questions
  • Is there a time frame for the trademark registration approval?

    The average time frame for the registration approval is 9 months, if no objections or oppositions arise.

     

  • If I register my trademark in Brunei, do I have protection in other territories?

    No. A registered mark is protected only in Brunei.

  • Do I need to sign a Power of Attorney?

    Yes. A power of attorney may be requested during the prosecution phase.

  • Are there any benefits from a pre-filing use of the trademark?

    Yes. Prior use of a trademark has the following benefits:

    • The first person to use the mark is entitled to registration
    • It can be used to demonstrate the mark's acquired distinctiveness and overcome opposition based on non-distinctiveness
  • Will there be problems in case I don’t use my trademark after registration?

    Yes. Third parties can attack a registered mark on the ground of non-use.

  • What are the types of trademark that can be registered in Brunei?

    The following marks/signs are accepted for registration:

    • Names
    • Words
    • Devices
    • Some three-dimensional shapes
    • Slogans
    • Colours
    • Holograms
    • Trade dress or get-up
  • What are the phases of application after a trademark has been filed in Brunei?

    Trademark application in Brunei has 3 phases:

    1. Examination – The trademark is examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, and conflict with earlier rights.
    2. Publication - The trademark particulars are published online and made accessible to third parties.
    3. Registration – The trademark is granted registration.
  • What type of trademark is not registrable?

    The following marks are prohibited from registration:

    • Marks that contradict principles of morality or public order
    • Generic words or terms
    • Names, symbols or flags of nations, states, and international organizations
    • Marks that are not distinctive
    • Marks that are used primarily as geographic location names
    • Scents
    • Sounds
  • Does Brunei use the "Nice Classification" system?

    Brunei follows an earlier version of the Nice Classification with Classes 1 to 42.

  • Does the Community Trademark apply for Brunei?

    No. Brunei is not a European Union member; hence, the Community Trademark is not applicable in this jurisdiction.

  • Is there any possibility to claim priority in Brunei?

    Yes. Applicants may claim priority application in Brunei. The following conditions apply:

    • The applicant’s home country is a Paris Convention member
    • The application date in the home country is at least 6 months earlier than the application date in Brunei
    • The applicant’s home country is a World Trade Organization member
  • What do I need to do to satisfy the use requirement?

    The registered mark must be used within 5 years from the date the registration process was completed. The amount of use can be minimal but it has to occur in the jurisdiction of Brunei.

  • Once my trademark has been registered, for how many years will be valid?

    The initial trademark registration term is 10 years.

  • What will be the renewal date of my trademark?

    The first renewal is made 10 years from the date of filing the application.

  • Is it legal to use my trademark even if it is not yet registered?

    Use of unregistered mark for goods and services is legal.


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