Trademark Registration in Brunei

In Brunei, rights over a trademark are, in principle, granted to the person or company that first uses the mark in this territory. This means that use plays an important role. However, in practice, registering your trademark is strongly recommended.

Registration:

• Creates a clear, public record of ownership,
• Greatly simplifies the task of defending your brand against infringement, and
• Helps prevent future disputes about who owns the mark.

Trademark applications in Brunei are filed with the Brunei Intellectual Property Office BruIPO. Even though prior use is not necessary to obtain registration, it can be very helpful to overcome objections based on lack of distinctiveness, by showing that your mark has acquired distinctiveness through use.

If you register a combined trademark (with both word and figurative/logo elements), your exclusive right is limited to the trademark exactly as it was filed and registered. If you want to use and protect the word element separately from the logo (or vice versa), it is advisable to file additional applications for those elements on their own.

The average timeframe to obtain registration of a trademark in Brunei is around 14 months.

This is an estimated processing time for straightforward cases, based on current examination and publication timelines. The actual duration can be longer if:

• The office issues objections,
• Third parties file oppositions, or
• Administrative delays occur.

Once your trademark is successfully registered in Brunei:

• It is valid for 10 years, counted from the application date.
• It can be renewed indefinitely for further periods of 10 years each.
• The renewal may be requested:
• Up to six (6) months before the expiration date, and
• Up to six (6) months after the expiration date, in which case late renewal fees will apply.

If the renewal is not filed within these periods, the registration will lapse and you would need to file a new application to regain protection.

Registration also strengthens your position if you need to enforce your rights against infringers or defend against later conflicting applications, as the register confirms you as the official owner of the mark in Brunei.

Yes. If a third party applies to register a trademark for similar goods or services that includes a primary or distinctive part of your mark, you can file an opposition based on confusing similarity.

In Brunei:

• Opposition actions can be filed by interested third parties within three (3) months following the publication of the application in the official gazette.
• The chances of success will depend on:
  • The similarity between the marks,
  • The overlap between goods/services,
  • The distinctiveness and strength of your earlier mark, and
  • Any evidence of use or reputation you can provide.

Opposition is a key tool to stop problematic applications before they become registrations.

A trademark does not need to be in use in Brunei in order to be registered. However, once registered, non-use becomes a risk.

In Brunei:

• If the mark is not used for more than five (5) years after registration, it becomes vulnerable to cancellation actions based on non-use.
• The amount of use required to avoid this vulnerability is described as minimal – but some genuine use in commerce should exist.

To maintain your rights safely:

• Use the mark in connection with the goods/services covered, and
• Keep basic records of such use in case you need to defend the registration against a non-use cancellation claim.