– Trade Marks Act, Revised Edition 2000.
– Trade Marks Rules, 2000.
– Trade Marks (Importation of Infringing Goods) Regulations, 2000.
– Trade Marks Act (Amendment) Order, 2017.
– Trade Marks (Amendment) Rules, 2017.
– Trade Marks (International Registration) Rules, 2018.

– The Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents (Apostille), since December 3, 1987.
– Convention Establishing the World Intellectual Property Organization (WIPO), since April 21, 1994.
– WTO’s TRIPS Agreement, since January 1, 1995.
– Paris Convention for the Protection of Industrial Property, Stockholm Act, since February 17, 2012.
– Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, since January 6, 2017.

Applicant: any person, firm or company claiming to be the proprietor who uses, consents to the use, or has a bona fide intention to use the mark. Every applicant must file an address for service in Brunei.

Kinds of trademarks: word marks, device marks, combined marks, three-dimensional marks, series of marks, certification marks, collective marks.

Notion: trademark means any visually perceptible sign capable of being represented graphically, which is capable of distinguishing goods or services of one undertaking from those of other undertakings and may consist of words (including personal names), designs, letters, numerals or the shape of the goods or their packaging.

Service marks: registrable.

Certification marks and collective marks: registrable.

Well-known marks: marks which are entitled to be protected as well-known marks under the Paris Convention will be protected in Brunei even if the proprietor neither carries on business nor has goodwill in Brunei.

Registrability: a mark may be registered if it is distinctive. A mark shall not be registered if it is contrary to public policy or to accepted principles of morality or of such a nature as to deceive the public. A mark shall not be registered for specially protected emblems. A mark shall not be registered if or to the extent that the application is made in bad faith.

Novelty: a mark should not be in conflict with a mark already registered or applied for by another proprietor. 

The Registry of Trademarks in Brunei maintains a Register of Trademarks.

Classification: International Classification is recognized.

Filing requirements for an application (to be sent to resident agent):
1. A request for registration of a trademark;
2. Name and address of the applicant;
3. Representation of the mark (not necessary for word marks): for application: at least 4 per mark/per class for both black & white and color; for publication: at least 3 per mark for both black & white and color. (Size: for application: below A4; for publication: 6 x 4 cm and should correspond to the size of the representation filed in the application form.);
4. A statement of the goods or services in relation to which it is sought to register the trademark;
5. Where a trademark contains or consists of a word or words in characters other than Roman or in a language other than English or Malay, a certified translation, and if the case requires, a transliteration of each word in English, and the language to which each word belongs;
6. A statement that the trademark is being used, by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be so used;
7. Where a right to priority is claimed, particulars of that claim shall be included. Within three months of the filing date, a certificate by the registering or other competent authority of the country to which priority is claimed, must be filed. Such certificate must verify the date of filing of the application, the country or registering or competent authority, the representation of the mark, and the goods or services covered by the application.

For a change of name or address: a change of name or address may be recorded by submitting a request using Trademark Form TM13. The form should be accompanied by documentary evidence of the change, no notarization or legalization required. The Registrar may ask for further evidence.

Examination: for registrability and availability.

Objections of the Registrar: are notified by Official letters and the applicant can reply within two months from the date of the Official letters.

Disclaimers: available.

Letters of consent: may be accepted to overcome an objection based on an earlier registration. The LoC can be simply signed.

Acceptance: once an application for registration is accepted, the Registrar will issue a Notice of Acceptance which must be checked, signed and returned within two months. 

Publication: advertisement is placed in the Gazette after the Notice of Acceptance is returned to the Registry.

Opposition: can be filed within three months from the date of advertisement.

Delivery of document: the certificate of registration is issued in paper format.

Duration: valid for an initial period of ten years from the registration date (when registered, the filing date is deemed to be the date of registration).

Renewal: for further periods of ten years. Renewal is to be applied for before the expiration of the registration period. Grace period: applications for renewal may be filed within six months of expiration of the renewal due date, subject to payment of additional fees. Once the mark is removed, an application will have to be filed to restore the registration before it can be renewed. The restoration application must be filed within twelve months from the date of expiry.

Use: compulsory; registration is vulnerable to revocation if the mark is not put to genuine use for an uninterrupted period of five years from the date of completion of the registration procedure and there are no proper reasons for non-use.

Assignments of marks: possible with or without the goodwill of the business. An assignment of a mark is not effective unless it is in writing and signed by or on behalf of the assignor.

Alteration of a registered mark: can be made only where the registered mark includes the proprietor’s name or address and the alteration is limited to alteration of that name or address and does not substantially affect the identity of the mark. If the Registrar accepts the alteration, the amended mark shall be published for opposition.

Surrender of registered trademark: may be surrendered by the proprietor in respect of some or all of the goods or services for which it is registered.