Organization : Brunei Darussalam Intellectual Property Office
Type of Facility : Trade Marks Registration
Country: Brunei
Website : http://www.bruipo.com.bn/index.php/trademark
Download Forms : http://www.bruipo.com.bn/index.php/information/forms-and-fees/trademark-form
Trade Marks Registration :
A trademark is a sign or symbol used to distinguish goods and services of one traider from another and therefore must not be a sign that traders may wish to use to promote or describe their goods or services.
Related : Electronic Filing System How to Submit a New Case Brunei : www.statusin.org/29983.html
Such signs can be a letter, number, word, phrase, name, signature, divise, logo, brand, heading, label, ticket, shape colour, aspects of the packaging or any combination of these.
A trademark must be visually perceptible and capable of being represented graphically.
The Trade Marks Act (Cap 98) and Trade Marks Rules of 2000 are the legislations governing the registration of trademarks in Brunei Darussalam which came into force on 1 June 2000.
To be registrable under the current Act, a trademark must be visually perceptible, capable of being represented graphically (thus smell and scent marks are excluded) and capable of distinguishing goods and services of one undertaking from those of others. In addition, the proposed trademark must satisfy the formalities and substantive requirements set out in the Act and Rules that govern the registration procedures.
Once registered, a trademark is protected for 10 years but can be further renewed subject to the payment of a renewal fee at the expiry of the 10th year.
Register a Trademark:
To register a tradeamrk, the applicant must file form TM1, together with the prescribed feeof BND150 for each class of goods or services in which registration is sought. The term of protection is initially for 10 years but may be renewed subject to the payment of renewal fees at the 10th year of registration and thereafter every 10 years.
Advantages of Registrattion:
if a trademark is registered, the owner gets the exclusive legal rights to use, sell or license the trademark and to stop others from using the mark without his permission. In the event of an infringement of a registered tradeamark taking place, the owner can take action against the infringer more easily and effectively compared to if the mark is not registered
Trademarks Forms and Fees:
TM 1 – Application to register a trade mark- $150 per class
TM 2 – Application for additional classes – $150
TM 3 – Request to the registrar for a statement of grounds of decision – $300
TM 4 – Notice of opposition -$250 for each notice of opposition
TM 6 – Request for extension of time on application – N/A
TM 7 – Renewal of trade mark registration – $200 in respect of each registration
TM 8 – Request to divide an application – N/A
TM 9 – Request for the restoration and renewal of a registration removed from the register because of non-payment of the renewal fee -$150 for each of trade mark
TM10 – Conversions of pending application (include certification & collective marks) – $150 per class
TM11 – Application to register a change or proprietor – $65 in respect of each trade mark
TM12 – Request to merge either applications or registrations – N/A
TM14 – Notice to surrender a registration – $30
TM15 – Notice of partial surrender of the specification of goods and services for which the mark is registered – $35
TM16 – Application to record or cancel a registrable transaction other than an assignment or licence- $50 in respect of each trade mark
TM17 – Request for alteration of a registered mark -$200
TM18 – Application for revocation, invalidation or rectification of a registration – $225
TM19 – Application to intervene in proceedings for the revocation, invalidation or rectification of a registration – $100
TM20 – Request for information about application and registered mark -$50 per information
TM21 – Request for a certified copy -$20 per certificate
TM22 – Request to appoint or change an agent or to enter or change an address for service – $6
TM23 – Filing of regulations governing the use of certifications or collective mark – N/A
TM24 – Application to amend the regulations governing the use of certifications or collective mark – $60
TM25 – Application to register a licensee -$50 in respect of each trade mark
TM26 – Application to remove or amend the recordal of a licensee – $50 in respect of each trade mark
TM27 – Form of publication – $125
TM28 – Notice to the registrar of attendance at hearing – $300
TM29 – Counter-statement to notice of opposition in respect of collective or certification mark – $290 for each counter statement
TM30 – Notice to registrar of attendance at hearing in respect of a collective or certification mark – $350
TM32 – Application to register a collective or certification mark – $150 per class
Registration And Fees:
To register a trademark, the applicant must file Form TM1 together with the prescribed fee of B$150.00 for each class of goods or services in respect of which registration is sought. Currently, the Registry accepts for registration Classes 1 to 42 based on the 7th Edition of the International Nice Classification of Goods and Services administered by WIPO.