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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.
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If I register my trademark in Brunei, do I have protection in other territories?
No. A registered mark is protected only in Brunei.
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Do I need to sign a Power of Attorney?
Yes. A power of attorney may be requested during the prosecution phase.
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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
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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.
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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
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What are the phases of application after a trademark has been filed in Brunei?
Trademark application in Brunei has 3 phases:
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Examination – The trademark is examined in respect of formalities, classification, clarity, descriptiveness, distinctiveness, and conflict with earlier rights.
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Publication - The trademark particulars are published online and made accessible to third parties.
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Registration – The trademark is granted registration.
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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
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Does Brunei use the "Nice Classification" system?
Brunei follows an earlier version of the Nice Classification with Classes 1 to 42.
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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.
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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
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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.
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Once my trademark has been registered, for how many years will be valid?
The initial trademark registration term is 10 years.
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What will be the renewal date of my trademark?
The first renewal is made 10 years from the date of filing the application.
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Is it legal to use my trademark even if it is not yet registered?
Use of unregistered mark for goods and services is legal.