What is a trade mark?
A trade mark is a 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. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.
What is the governing legislation?
The Trade Marks Act (Cap 98) and Trade Marks Rules of 2000 are the legislation governing the registration of trademarks in Brunei Darussalam.
To be registrable under the current Act, a trademark must be visually perceptible and capable of being represented graphically (thus smell and scent marks are excluded). 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.
How to register a trade mark?
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, BruIPO accepts for registration Classes 1 to 42 based on the 7th Edition of the International Nice Classification of Goods and Services administered by the World Intellectual Property Organization (WIPO).