Trademark - Brunei

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Filing Requirements:

Trademarks: Brunei

Trademark Filing Requirements:

No power of attorney is required.
Fifteen specimens of the mark.
List of goods/ services and classification.
Certified copy of the priority document if priority is to be claimed.
Details of the applicant.
Details of the mark.

Renewal Requirements:

No power of attorney is required.

Change of Name/ Address Requirements:

Certificate effecting change of the name notarized.

Assignment Registrations:

The assignor and the assignee must sign the (Form TM11) for each mark.
Assignment agreement is required to accompany (Form TM11).
Statement of case and statutory declaration required.
Assignment information; nominal consideration, no tax implication, no stamp duty, with or without Goodwill, pending can be assigned, unregistered may be assigned.

Note:

In such a case, the agents may sign the Form (Application) for the parties.

Searches:

Method of search: conducted manually on the official data base.

Time to be taken: 7 - 21.

Contents: search report includes information of prior marks hit by the search and comments on similarity between the subject mark and each relevant prior mark.

Other: necessity of use search on prior marks should be judged case by case.

General Information:

Classification: International; single-class filing, nice classification.

Claiming priority under Paris Convention: No

Filing international registration under Madrid Agreement: No.

Filing international registration under Protocol to Madrid Agreement: No.

Registrable: Trademarks, service marks.

Registration Duration: 10 years from filing date.

Renewal Duration: 10 years.

Time until Issuance Registration Certificate: 24 Months.

Publication: Two consecutive publication (before & after acceptance) in the Brunei Government Gazette.

Opposition Period: 2 months.

Renewal Application: Within 3 months before expiry.

Use: Non-use for 5 years following registration makes the registration vulnerable to cancellation; an application in Brunei may be field on the basis of intent or actual use of the marks without submitting evidence of use or non-use.