Trademarks in Brunei

Competent Authority

Trademark registration in Brunei Darussalam is administered by the Brunei Intellectual Property Office (BruIPO), which operates under the Attorney General's Chambers. The official working languages are English and Malay, and the system is national.

International Agreements

Brunei is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. Brunei is also a contracting party to the Madrid Protocol concerning the International Registration of Marks, allowing international applications to designate Brunei.

Who May Apply

Natural persons and legal entities carrying out commercial or industrial activities may apply. Foreign applicants not domiciled or residing in Brunei are required to provide a local address for service (Form TM22). A signed Power of Attorney (POA) may be requested during prosecution, though notarization rules follow standard registry practice.

Online Filing and Search

Electronic filings and public database searches can be conducted via the official digital tools and portal maintained by BruIPO (` Free preliminary availability searches of the national register are available online.

Registrable Sign Types

Trademarks may consist of any signs capable of being represented graphically—including words, personal names, designs, letters, numerals, shapes, colors, and non-traditional marks such as sounds and smells—provided they can distinguish the goods or services of one undertaking from those of others.

Classification

Brunei follows the international Nice Classification system. Multi-class applications are permitted, allowing a single application to cover multiple classes of goods or services subject to additional class fees.

Examination

BruIPO conducts a formalities examination for application completeness, followed by a substantive examination covering absolute grounds for refusal (such as lack of distinctiveness) and relative grounds (conflicts with prior registered or pending marks).

Publication and Opposition

Once an application is accepted, BruIPO issues a notice for publication (Form TM27). The mark is published in the Trademarks Journal on the official website for a statutory opposition window of 3 months, during which any interested third party may file an opposition.

Timelines

An unopposed straightforward trademark application typically takes an average of approximately 6 months from initial filing to certificate issuance.

Official Fees

Official fees are denominated in Brunei Dollars (BND):

• Standard base filing fee (Form TM1): 150 BND per class
• Additional class fee: 150 BND per extra class
• Address for service form (Form TM22): 6 BND
• Publication fee (Form TM27): 125 BND
• Renewal fee: 200 BND

Protection Duration and Renewal

Trademark protection is valid for 10 years starting from the official application filing date. Registrations can be renewed for successive 10-year periods upon payment of renewal fees.

Use Requirements

Brunei operates primarily on a first-to-file priority system. A registered trademark is vulnerable to non-use revocation or cancellation actions if it is not put to genuine commercial use for a continuous statutory period.

Post-Registration Procedures

Post-registration changes—such as assignments, licenses, changes of proprietor name, or changes of address—must be formally recorded with BruIPO to ensure full legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include civil infringement proceedings before competent courts (seeking injunctions, damages, or accounts of profits), border enforcement measures via written notice to the Controller of Customs to intercept counterfeit goods, and criminal penalties for willful counterfeiting.

Country-Specific Risks and Practical Notes

Because foreign applicants must designate a local address for service, working closely with a local representative ensures compliance with fast-approaching administrative deadlines, such as the strict 2-month window to return publication forms and fees following acceptance.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.