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I understand. We will provide a detailed summary of Brunei's trademark system for practical professionals, including application procedures, registration requirements, oppositions, renewals, infringement and remedies, and the relationship with the international system.
We will report the details as soon as the investigation is completed.
Trademark registration requirements
Under Brunei's Trade Marks Act (Cap 98), the basic requirement for registration is that the mark be a distinguishable sign from another person's goods or services. Traditionally, visually recognizable characters, figures, symbols, colors, three-dimensional shapes, etc. can be trademarks, but with the revision of the law in 2017, the restriction of "visually recognizable" has been removed, and non-visible trademarks such as sounds and fragrances can now be registered under certain conditions. Trademarks include not only product trademarks and service trademarks, but also collective trademarks and certification trademarks.
When registering, you are required to have the ability to distinguish between your own and other products and services (salience). As a general rule, descriptive marks (e.g., marks that directly indicate the type, quality, or origin of the product), conventionally used indications, or marks consisting only of generic names cannot be registered. However, if the patent has acquired salience through use prior to application (SECONDARY MEANING), registration may be granted by showing evidence of this. On the other hand, trademarks that violate public order and morals, trademarks that violate public morals, and deceptive trademarks (those that are likely to deceive consumers) are prohibited from being registered. Additionally, trademarks containing specially protected marks such as Royal or national emblems/flags cannot be registered without prior permission from the competent authority. If the application is filed inbad faith (such as for the purpose of plagiarizing another person's well-known trademark), it will also be a ground for refusal of registration.
Furthermore, a trademark that is identical or similar to someone else's earlier application or registered trademark cannot be registered because there is a risk of confusion if the goods or services are competitive or related. Even if the goods or services are dissimilar, registration will be refused if the trademark is the same or similar to another person's well-known or famous trademark and there is a risk that the credibility or conspicuousness of that well-known trademark will be unfairly used or damaged. In short, there is arelative ground for refusal that says that a trademark that conflicts with a third party's vested rights (prior trademark rights and well-known indication rights) cannot be registered.
In Brunei,the registration system (first-to-file system) is adopted rather than acquiring rights through use. Protection of unregistered trademarks is left to anti-unfair competition remedies and well-known trademark protection provisions (Article 6-2 of the Paris Convention, etc.), but basically the person who first applies and registers the trademark is the owner of the trademark. However, the applicant must have a bona fide intention to use the trademark. Although it is not necessary that the trademark be actually used at the time of application, applications that do not have a sincere intention to use the trademark in Brunei in the future will not be accepted. This point is clear from the fact that a "declaration of intent to use" is also required in the case of a Madrid application.
Flow of application procedure
The competent authority for trademark applications is the Brunei Intellectual Property Office (BruIPO). In principle, the application language will be English. Brunei has adopted the One application, multiple classification system, which allows goods and services of multiple international classification classes to be specified in one application. When filing an application, fill in the designated application form (Form TM1) and submit the trademark indication (the characters in the case of a word mark, the design in the case of a figure mark) and a list of designated goods and services. For similar trademarks, the Series Trademark system is also available, allowing multiple trademarks with only slight differences to be filed together as one application. If a foreign applicant is filing directly, he or she must specify a serviceable address in Brunei (usually by appointing a local representative). When appointing a representative, you will be required to submit a power of attorney (Form TM22) and pay a prescribed fee, but a notarized or certified power of attorney is not required, and a simple power of attorney will suffice.
When an application is accepted, a Formal Examination (checking whether the application form is incomplete or missing required items) is first conducted. Next, the process moves on to Substantive Examination, where the registration requirements under the Trademark Law (the presence or absence of absolute and relative grounds for refusal of registration) are examined. Here, the examiner determines whether the trademark has distinctiveness or not, and whether there is a conflict with an earlier filed or registered trademark, and searches for earlier trademarks if necessary. As a result of the examination, if there are any reasons for refusal, the applicant will be notified and given the opportunity to respond by submitting written opinions and amendments within a certain period of time. Once the reasons for refusal are resolved, the application will be provisionally accepted and the Registrar will publish its contents in the Trade Marks Journal, which replaces the Official Gazette. This application announcement (publication) is a procedure to give interested parties an opportunity to file an opposition. The public notice period is three months from the date of publication, and if no objection is raised by the end of the period, the application will proceed to the registration procedure.
If an opposition is filed within three months of publication, the Registrar will notify the applicant andopposition proceedings will be initiated. The opponent (third party) submits the prescribed opposition form and specifically asserts and proves the reasons for requesting refusal of registration. Applicants can submit a written counterargument to argue that their trademark is registrable. The Intellectual Property Office will decide whether to accept the objection based on the arguments and evidence of both parties. If the opposition is dismissed (applicant wins), the trademark will be granted registration; if the opposition is approved (opponent wins), the trademark application will be rejected. A party who loses in the opposition proceedings may also file a complaint (appeal) to the Brunei High Court.
For trademarks that are finally approved for registration after the opposition period has passed, registration will be completed and a trademark registration certificate will be issued after payment of the trademark registration fee. In Brunei, the period required from the filing date (priority date) to the completion of registration is approximately 12 to 18 months. Registration tends to be obtained in a relatively short period of time, although it varies depending on the examination and whether or not there are objections.
Documents and information required for application
Basic information that should be stated in the application form is the applicant's name and address, the agent's information if applying through an agent, the indication of the trademark itself, and a list of categories of designated goods and services. Brunei classifies goods and services according to the international Nice Classification, and as of the 11th edition, a total of 45 classes have been adopted (service classifications of classes 43 to 45 were added in the 2017 revision). It is desirable to describe the designated goods and services as specifically as possible, and avoid comprehensive expressions. It is not necessary to use the trademark at the time of filing, but as mentioned above, the applicant is required to have an intention to use the trademark in the future, so it is important to accurately specify the goods and services that are actually planned to be used.
For figurative trademarks or word trademarks with special fonts, submit a trademark sample (image data such as JPEG). If you want to obtain rights in color, please submit a color design, and if you submit in black and white, it will be considered to include use in any color. For trademarks in languages other than English (foreign languages other than Malay), a certified English translation must be submitted. For example, if a trademark is written in Chinese characters or Arabic characters, a translation (an explanation of its meaning) must be attached. The translated meaning and content will be used by the registrar to determine similarity and as reference information at the time of registration. If you are claiming priority at the application stage (filing within 6 months of filing an earlier application in a country that is a member of the Paris Convention), please indicate the earlier filing date, application number, and country on the application, and submit a Certificate of Priority (a copy of the application reception certificate issued by the Foreign Office) within the specified period (usually within 3 months).
As mentioned above, If a foreign company applies directly to Brunei, it is necessary to specify a local address. In most cases, this will be done through a Brunei-licensed trademark agent (such as a law firm). In this case, a simple signature on the power of attorney is sufficient, and notarization is not required. There are no other special documents required; basically, the application, trademark sample, translation (if applicable), and priority document (if applicable) are required. At the time of application, you must pay the prescribed government fees (first category basic fee, additional fees for each additional category, public notice fee, etc.). For example, the basic application fee is BND$150 per category. We also support electronic filing, so you can complete the procedure online. If there are any deficiencies in documents or information, you will be asked to make corrections at the formalities examination stage, so it is important to prepare accurately and without omission.
Opposition system and invalidation trial system
The opposition system (Opposition) is a system that allows interested parties to object to the registration within three months after publication of the application gazette. Opposition is a means to prevent registration by a third party after the fact, and in Brunei, "any person" can file an opposition within the period. The opponent must specifically state the reasons for the opposition in the notification, but they can argue for reasons that fall under the grounds for refusal under the Trademark Law, such as a conflict with their own prior trademark rights, a violation of public order and morals, or non-distinctiveness of the trademark. If an opposition is filed, the applicant will be given the opportunity to make a counterargument, and after both parties have submitted and heard written arguments, the Intellectual Property Office will make a decision on whether or not to register. If the opposition is approved, the trademark will not be registered. If no opposition is filed within the opposition period, or if all oppositions are dismissed or resolved, the trademark will be registered promptly.
The invalidation trial system (Invalidation/Revocation) is a procedure to retroactively invalidate a trademark that was registered in error after the registration decision. In Brunei, any person can request the Intellectual Property Office (Registrar) or court to invalidate a trademark registration within five years of registration. All grounds for refusal that existed at the time of registration can be asserted as grounds for invalidation. Specifically, grounds for invalidation include cases where ``the trademark originally did not meet the registration requirements'' (falling under absolute grounds for refusal), ``colliding with another person's earlier trademark'' (falling under relative grounds for refusal), or ``the application was filed in bad faith.'' If the petition for invalidation is approved, the trademark registration will be deemed to have been invalid from the beginning, and the registration will be canceled (vested rights will also be invalidated). On the other hand, after the 5-year invalidation claim period has elapsed, the prior right holder may be restricted from claiming invalidation based on the principle of good faith (* Implied acceptance if the prior trademark right holder is aware of the existence of the trademark and does not file an opposition or invalidation for a long period of time = acquisition). However, registrations obtained in bad faith may be invalidated even after this period has passed (from the perspective of maintaining public order and morals).
In addition, there is a non-use cancellation system. If a registered trademark has not been used at all for 5 years, a third party can apply for cancellation of the registration (revocation of rights). Specifically, if a trademark has not been used authentically within five years from the date of completion of registration procedures, or if it has not been used for five consecutive years or more thereafter, an interested party will apply for cancellation to the Intellectual Property Office or court, and if non-use without justifiable reasons is confirmed, the trademark registration will be cancelled. Anyone can make a request for cancellation of non-use, but in practice it is often done by competitors or interested third parties. If cancellation is approved, the trademark will lose its registration effect for all or part of the designated goods and services (the relevant part will be canceled). If the non-use period is limited to a part of the product, only that part will be canceled, and the registration for other products in use will be maintained.
As mentioned above, Brunei's trademark system provides various litigation methods such as opposition, invalidation trials, and cancellation trials from application to post-registration, and checks and manages trademark registration eligibility and rights survival requirements from multiple angles. Rights holders and third parties must be mindful of their respective periods and requirements and utilize these systems appropriately.
Registered trademark validity period and renewal procedures
The duration (validity period) of trademark rights is stipulated as 10 years from the date of registration. For example, a trademark right registered on July 1, 2025 (registration fee paid and registration completed by the registrar) is valid until June 30, 2035. Thereafter, it can berenewed any number of times in 10-year increments, with each renewal extending for an additional 10 years. Renewal procedures are accepted before the expiry of the term, and as a general rule, renewal applications should be submitted within 6 months of the expiry date. For example, if the expiration date is June 30, 2035, you can apply for renewal after January 1, 2035. If you inadvertently forget to renew by the deadline, you have a 6-month grace period to maintain your rights by renewing within the grace period and paying the prescribed additional fee. However, once the grace period has passed, the registration will be canceled and the rights will be lost. There is also a system in which you can apply for registration revival (restoration of deleted registration) by showing valid reasons within a certain period of time (within 6 months from the date of public notice of deletion) after the registration has been cancelled, but basically it is essential to complete the renewal procedures within the deadline.
Substantive examination will not be conducted when applying for renewal. Therefore, once a trademark is registered, it can maintain its rights semi-permanently unless it is opposed, invalidated, or canceled. However, as mentioned above, trademarks that have not been used for a long time are at risk of cancellation, so it is necessary to not only maintain the rights but also make efforts to actually use them. You will also need to pay a registration fee (government fee) at the time of renewal, and you will pay the fee depending on the number of categories. In Brunei, the renewal registration fee is set at BND$200 per trademark (as of 2022). After renewal, a Renewal Certificate will be issued by the Intellectual Property Office, and trademark rights will continue for the next 10 years. Don't rest on your laurels, as renewed trademark rights may still be subject to opposition (invalidation trials if already registered) or cancellation trials. It is important to always understand the usage status of your company's trademark and to not neglect the necessary renewal procedures.
Enforcement of rights and remedies for infringement
Scope of rights of a trademark right holder is the right to use a registered trademark exclusively for designated goods and services. If someone else uses the same or similar trademark for the same or similar goods or services without permission, it will constitute infringement of trademark rights. Under Brunei Trademark Law, infringement of a registered trademark is acivil cause of action, and rights holders can immediately bring suit to the High Court for an injunction or damages. If a right holder wins relief in a civil lawsuit, the court will issue an order against the infringer, including damages (compensation for business losses incurred as a result of the infringement) and an injunction (immediate cessation of infringing activities and prohibition of future acts). It is also possible to issue a return of profits obtained from a malicious infringer (restitution of unjust enrichment) and a destruction order or handover order of infringing goods or false signs. Rights holders can also apply for a **provisional disposition (temporary injunction)** in order to preserve evidence of the suspected infringing act, allowing them to quickly seize or stop the sale of infringing goods. Courts in Brunei are flexible in their application of these remedies, similar to those in other countries, and tend to grant injunctions and compensation in cases of clear infringement.
Criminal measures are also available for egregious trademark infringement. Article 94 et seq. of the Trademark Law stipulates that the act of attaching a mark identical to a registered trademark to a product or its packaging without the consent of the trademark right holder, and the act of manufacturing, selling, or possessing a counterfeit trademark are crimes. Depending on the nature of the infringement,the maximum penalty is imprisonment for up to 5 years or a fine of up to BND 100,000 (or both). For example, if you import and sell counterfeit branded products for commercial purposes, you may be subject to large fines or long prison sentences depending on the quantity. In addition, illegally attached trademarks and infringing products will be confiscated and destroyed by court order. With the prosecution and cooperation of right holders, police and customs authorities can detecting and bring criminal prosecution, making criminal proceedings a powerful deterrent, especially in the fight against counterfeit goods.
Brunei also has border measures in place byCustoms (Customs Department). Trademark rights holders can request an injunction against the import of infringing goods by notifying and applying to the customs authorities. If customs officials suspect that a counterfeit trademark is affixed to imported goods, they can immediately detain the goods (detention). Thereafter, the rights holder will obtain court measures such as a provisional injunction order within a certain period of time, and proceed with formal seizure and destruction procedures. Through such border enforcement, it is possible to prevent the domestic distribution of counterfeit products.
However, it should be noted that Brunei allows parallel imports. In other words, the act of a third party importing and selling genuine products that have been officially sold overseas (importation of gray market products) is not considered a trademark infringement. Since we take the position that the effect of trademark rights is exhausted internationally after the first sale (international exhaustion principle), it is not possible to seek an injunction or prohibition of parallel imports based solely on domestic rights. For this reason, it is important in practice for brand owners to contractually control parallel imports through distribution contracts and distribution management.
Relationship with international trademark systems (Madrid Protocol, etc.)
Brunei is a party to the Paris Convention (joined in 2012) and the WTO/TRIPS Agreement (joined in 1995), and systems for priority claims and well-known trademark protection based on these have been incorporated into domestic law. Furthermore, on January 6, 2017, we joined the **Madrid Protocol**, and are now able to use the international filing system based on the agreement. This allows trademark owners from other countries, including Japan, to designate Brunei in their Madrid international application and obtain trademark protection in Brunei in a single procedure. Furthermore, based on trademark applications and registrations in Brunei, it is now possible to file international applications from Brunei to other countries, making it easier for Brunei companies to obtain overseas trademarks.
Brunei has made several declarations upon joining the Madrid Protocol. First, pursuant to Article 5, Paragraph 2 (b) and (c) of the Protocol, an extension of the period for notification of refusal has been declared, and for international registrations that designate Brunei, a provisional refusal may be notified within 18 months (normally 12 months, but the period for examination and opposition is secured by extension). In addition, for Brunei, a designated country, it is necessary to submit aDeclaration of Intention to Use. This is a procedure for declaring the intention to use the trademark in Brunei when filing an international application or later designating it, and is consistent with the intention-to-use requirements for domestic applications. Furthermore, Brunei has declared that it will collect an individual feefor protection by Madrid. Therefore, if you designate Brunei in your international registration, you will need to pay the prescribed individual fee via WIPO at the time of filing and renewal.
In practice, Brunei, as a designated country for Madrid applications, conducts substantive examinations using the same examination standards as for domestic applications. After designation, if the Brunei Intellectual Property Office does not find any reason for refusal, protection will arise directly from the international registration and will be published in the official gazette. If there are grounds for refusal, a provisional refusal notice will be served via WIPO, and the applicant will respond through a local representative. Oppositions are accepted in the same way as domestic applications, and if an opposition is filed within three months of publication in the designated gazette, the application will be suspended until a final decision is made. The term of protection provided by an international registration expires every 10 years from the date of international registration, and any renewal at WIPO remains effective in Brunei (an individual fee for Brunei is also required at the time of renewal).
Please note that Brunei is not currently a member of the Trademark Law Treaty (TLT) or the Singapore Convention. Some local rules unique to non-TLT member countries remain in the application procedure, such as signature and seal requirements and local residence requirements. However, as mentioned above, procedures are being simplified and internationally harmonized, such as eliminating the need to authenticate a power of attorney and introducing multi-class and series applications, so there are no major obstacles in practice. There is a possibility that Japan will continue to join international intellectual property treaties and develop domestic laws, so it is always recommended to check the latest information.
Recommendations regarding practical considerations and application strategies
Finally, we will list some practical points and strategies for acquiring and utilizing trademark rights in Brunei.
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Make sure to apply early: Brunei has a first-to-file system, so it is important to apply for trademarks you are considering acquiring as soon as possible. If someone else gets ahead of you, you basically won't be able to stop the registration, so when expanding overseas, be sure to conduct local trademark clearance searches and applications in a timely manner.
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Choosing a strong trademark: Descriptive and generic names are difficult to register, and even if they can be registered, the scope of protection is limited. Please use brand names and logos that are as creative and unique as possible, and if there is any doubt about their distinctiveness, try creating new words, adding some shapes, etc. (There are strategies to acquire distinctiveness through use, but it takes time to prove).
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Searching and avoiding prior trademarks/obtaining consent: Before filing, be sure to check Brunei's trademark database to see if there are any similar trademarks. If a similar prior registration is found, you have the option to change the scope of the application, postpone the application, or obtain a **Consent** from the prior right holder. Under the Brunei system, registration may be approved based on the consent of the prior right holder, so please consider negotiating through a local agent if necessary.
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Consideration for local language and culture: Care must be taken to ensure that the trademark does not have any objectionable meaning locally. Please avoid words that may be considered a violation of public order and morals (religious or morally taboo words, etc.). It is also a good idea to check in advance whether the word or phrase has a negative connotation in Malay. If necessary, a strategy may be to include Malay or Arabic characters in the application to ensure brand consistency.
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Submitting translations of foreign language trademarks: Trademarks written in characters other than English must be translated, so be careful whether the translation is similar to a competitor's trademark. For example, if the meaning of the Japanese word is similar to another company's famous brand, there is a risk of registration being refused. In that case, please consult an expert to see if there is room for improvement in translation.
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Using the Madrid application: If you plan to protect your trademark in other countries at the same time, filing an international application using the Madrid Protocol is effective. Multiple countries, including Brunei, can be specified at once, simplifying procedures and reducing costs. However, post-filing examinations and objections must be handled in each designated country, so make sure to utilize your local agent network to ensure thorough follow-up. Please keep in mind that the Brunei designation requires a declaration of intent to use.
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Proper use and management of trademarks: After registration, it is important to actually use the trademark and accumulate evidence of this. If non-use continues, there is a risk of cancellation. This is especially a red flag if it has not been used even once after 5 years of registration. Licensing and OEM provision can also fall under "use," so be sure to include usage records by group companies and agencies in your management. It is also useful to increase awareness and deterrence to third parties by attaching a trademark display (for example, “™” or “®” after registration) to products and advertisements.
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Infringement monitoring and enforcement system: If we discover infringement of our trademark, we will have a system in place to take prompt action. Rights are restricted for parallel imports, but if an obvious counterfeit is found on the market, we will immediately consider legal action. It would be a good idea to establish a local market research and reporting system, and if necessary, perform customs registration and provide information to the local police. By showing that you are willing to pursue criminal charges in addition to civil lawsuits against malicious infringers, you may be able to advance negotiations to your advantage.
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Response to the latest legal reforms: Brunei's intellectual property laws tend to be updated in line with international trends. The most recent major revision was made in 2017, but there is a possibility that the system will change in the future, such as the expansion of electronic application procedures and the joining of new international treaties. It is necessary to pay close attention to announcements from local agents, WIPO, etc., and always formulate strategies based on the latest legal information.
The above has explained the main points about Brunei's trademark system. For practitioners, it is important to accurately understand the principles common to other countries' systems (such as distinctiveness and first-to-file system), while taking into account local-specific requirements (such as declaration of intention to use and acceptance of parallel imports). Although Brunei is a small market, you should not neglect intellectual property protection as part of your Southeast Asia strategy and have an appropriate trademark strategy in place.
Reference materials: Brunei Trade Marks Act (Cap.98), its regulations, Brunei Intellectual Property Office guidelines, information provided by WIPO and JETRO, etc. The various data are as of July 2025, so please reflect any new legal amendments as appropriate.
AUTHOR
Takefumi SUGIURA （杉浦 健文）
EVORIX Intellectual Property Law Firm Managing Patent Attorney
Supports clients across IT, manufacturing, startups, fashion, and medical industries, covering patent, trademark, design, and copyright filings through trials and infringement litigation. Specialized in IP strategy for AI, IoT, Web3, and FinTech. Member of the Japan Patent Attorneys Association (JPAA), Asian Patent Attorneys Association (APAA), and Japan Trademark Association (JTA).
