Trademarks Law in Brunei
Certainly! Here's a comprehensive overview of Trademark Law in Brunei Darussalam:
🇧🇳 Trademark Law in Brunei
Legal Framework
The primary legislation is the Trade Marks Act, 2017, which came into force on January 1, 2018.
This Act replaced the older Trade Marks Act (Cap. 98) and modernized Brunei's trademark system to align with international standards.
Brunei is a member of several key IP treaties, including:
Paris Convention
Madrid Protocol (effective in Brunei since January 6, 2017)
TRIPS Agreement (through WTO membership)
Administering Authority
The responsible body is the Brunei Darussalam Intellectual Property Office (BruIPO), under the Ministry of Finance and Economy.
Key Features of the 2017 Trade Marks Act
What Can Be Registered?
Registrable trademarks include:
Words, logos, names
Shapes, colors, sounds, or a combination
Any sign capable of distinguishing goods or services of one enterprise from another
Registration Process
Filing: Submit an application to BruIPO, including:
The mark
Applicant details
List of goods/services (using Nice Classification)
Examination:
Formality check
Substantive examination for distinctiveness and conflicts
Publication: If accepted, the application is published for 2 months for opposition.
Registration: If no opposition (or opposition fails), the mark is registered.
Duration and Renewal
Valid for 10 years from the filing date.
Renewable every 10 years indefinitely by paying the renewal fee.
Rights Conferred
Exclusive right to use the trademark for the specified goods/services.
Right to take legal action against infringement, including unauthorized use of identical or confusingly similar marks.
Non-Use and Removal
If a registered trademark is not used for 3 years, it may be subject to cancellation for non-use, unless valid reasons are provided.
Enforcement
Trademark rights can be enforced through civil courts in Brunei.
Remedies include:
Injunctions
Damages or account of profits
Destruction of infringing goods
Criminal penalties also apply for counterfeiting and other serious infringements.
International Protection
Through the Madrid Protocol, foreign applicants can designate Brunei in their international trademark applications.
Brunei businesses can also seek international protection in Madrid member countries using this system.
Summary
| Feature | Details |
|---|---|
| Governing Law | Trade Marks Act, 2017 |
| Administering Body | BruIPO (Brunei IP Office) |
| Registration Duration | 10 years, renewable |
| Use Requirement | Must be used within 3 years |
| International Treaties | Paris, TRIPS, Madrid Protocol |
| Types of Marks | Words, logos, shapes, colors, sounds, etc. |
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