Trademark: Everything You Need To Know
By Brunei Intellectual Property Office (BruIPO)
Intellectual property refers to creations of the mind: inventions; literary and artistic works; and symbols, names and images used in commerce.
What is a trademark?
- A trademark is a sign that is able to distinguish goods and services produced by one enterprise from those of other enterprises.
- A trademark may, for example consist of words (including personal names), designs, letters, numbers, shape of goods, smells, taste, sound, or packaging.
Why register trademarks?
- It gives your business a competitive edge and will enable customers to identify your products.
- It provides your business with exclusive rights and prevents others from marketing identical or similar products.
- A trademark can be a valuable business asset as it can also be licensed out.
How do I apply for trademark?
1. Lodgment of trademark application Form TM1*, cover letter and A4 size representation of the proposed trademark together with a fee of BND150.00 for each class of goods and/or services applied (there are 45 different classes of goods and services).
(*Foreign applicants are required to file an address for service on Form TM22 (BND6) with Form TM1)
2. BruIPO will issue a notice informing the applicant of the filing particulars and trademark number.
3. BruIPO will examine the application for any deficiencies and in accordance with set requirements under the law on registrability.
4. Once accepted, BruIPO will issue Form TM27 for publication and the applicant must return the Form together with the prescribed fee of BND125.00 within 2 months.
5. The mark is then published in the Trademarks Journal on the BruIPO website for 3 months for third party opposition.
6. If there is no opposition, a certificate of registration will be issued to the applicant and the trademark will be protected for 10 years.
7. If the trademark is opposed, the applicant will be notified accordingly and opposition proceedings will commence.
How long does it take to register a trademark?
A straight forward application without any deficiencies can be registered as quickly as within 6 months.
When does protection begin?
Protection of a registered trademark starts when the application for its registration was filed ("Filing Date") with BruIPO.
How long does a trademark protection last?
Protection lasts for 10 years but can be further renewed for 10 years upon payment of a renewal fee of BND200.
Once registered, is the trademark protected worldwide?
As protection is territorial, therefore, registration with BruIPO limits protection to only in Brunei Darussalam. However, applicants can apply to seek trademark protection and file internationally via the Madrid System.
The Madrid System is a one-stop solution for registering and managing marks in 119 countries by filing one application, in one language and paying one set of fees.
Can I check if a similar trademark has been registered?
Applicants are advised to conduct database searches of registered trademarks prior to submitting their application to avoid their trademark being rejected. Applicants can do searches at BruIPO's Help Desk at the Business Support Centre (BSC) located at Level 1 of the Design and Technology Building at Anggerek Desa or search online at:
For more information on BruIPO's services, please visit their website at
www.bruipo.gov.bn or email at
enquiries@bruipo.gov.bn.
Trademark: Everything You Need to Know (Presentation Slides)
