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.