HOW CAN I CHECK IF THERE IS A SIMILAR MARK TO A MARK THAT I WISH TO REGISTER?
Prior to applying for registration of your trade mark, you may conduct a search free of charge by going to our website.
Conducting a search is crucial to ensure that the desired trademark is not already registered.
CAN I USE ONE APPLICATION FORM FOR MULTIPLE CLASSES OF GOODS AND/OR SERVICES?
You may submit one application form covering more than one class of goods and/or services. Please note that the fee is BND 150 for each additional class.
HOW WOULD I KNOW WHICH CLASS TO FILE MY APPLICATION IN?
Brunei uses the Nice Classification as prescribed by the Nice Agreement for the purposes of the registration of marks, to classify goods and services for trade mark applications.
The World Intellectual Property Organisation Nice Classification categorises goods under Classes 1 to 34 and services under Classes 35 to 45.
You may refer to the Class Headings of the Nice Classification for general guideline on the types of goods or services covered within each respective class.
CAN I LIST DOWN THE ENTIRE CLASS HEADING OF THE NICE CLASSIFICATION?
Applicants are advised to identify the specific goods and/or services relevant to their application, instead of claiming the full range of goods and/or services within a class.
Claims covering all goods and/or services may attract objection unless there is clear evidence of genuine intention to use the mark in relation to all the goods and/or services listed in the specification.
HOW LONG DOES IT TAKE TO OBTAIN THE APPROVAL OF THE TRADE MARK?
The process takes around an average of six (6) months. Please take note that complex applications may take longer.
DO APPLICANTS NEED TO PROVIDE A TRANSLATION FOR NON – ENGLISH WORDS?
Applicants are required to provide a translation and transliteration of the foreign words and/or characters appearing in their marks.
HOW DO I CHECK THE STATUS OF MY TRADEMARK APPLICATION?
You can check the status of your trademark application either by:
- Calling our office at 2225919 during office hours and/or
- Sending us an email at sne@bruipo.gov.bn
HOW DO I OBTAIN MY TRADE MARK REGISTRATION CERTIFICATE?
Upon successful registration, you will be informed by the Registry via email that your Certificate of Registration is ready for collection. The Certificate of Registration is issued as a hard copy document.
HOW CAN I APPLY FOR A TRADEMARK IN OTHER COUNTRIES ONCE I HAVE OBTAINED A REGISTRATION FOR IT IN BRUNEI?
A trade mark registered with IPD is only protected within Brunei Darussalam. However, local applicants may file an international application via the Madrid System Protocol, which is one application in one language and pay one set of fees in over 131 countries through IPD as an Office of Origin.
Under the Madrid System Protocol, a trade mark must first be registered or applied for in the country of origin before filing for an international application. A country of origin is the country that is a party to the Madrid Protocol where the applicant of the international application is a resident or national of, or has a real and effective industrial or commercial establishment in.
In the international application, the applicant can designate the country/countries in which he wishes to seek protection for his trade mark. Only contracting parties to the Madrid Protocol can be designated.
To file the international application in Brunei, please submit Form MM2 with the handling fee of BND$250. This fee does not include any fee payable to the International Bureau for that application or request and is in addition to the fees payable for the designated countries (in Swiss Francs).
HOW LONG IS THE TERM OF PROTECTION FOR AN INTERNATIONAL REGISTRATION?
An international registration will be protected for ten (10) years and may be renewed for further periods of ten (10) years by paying the prescribed fees to WIPO via the country of origin.
IF OUR APPLICATION IS STILL PENDING, OR IN THE EVENT IT IS REFUSED, CAN WE USE THE MARK?
Yes, you can. However, you can only rely on the common law action of passing off to protect the mark against infringement.
WHAT IS THE COMMON LAW ACTION OF PASSING OFF?
Passing off happens when someone uses a trade mark, name, packaging, or overall appearance that is not registered, but makes people believe their goods or services are connected to another business. This is usually done to benefit from the other business’s reputation and customer trust.
In simple terms, passing off prevents a person from copying or imitating another business’s branding or image in a way that misleads customers into thinking their products or services come from, or are associated with, that other business.
I INTEND TO USE MY TRADE MARK TO MARKET MY PRODUCT OR SERVICE. SHOULD I REGISTER MY MARK?
If you intend to use the mark, you should consider protecting it. Please refer to the benefits of registering a trade mark