The short answer
A Brunei trademark lasts 10 years from the date of registration, and the Act treats the filing date as the date of registration, so the term counts from filing. Renew before expiry, or in the late period of at least 6 months after expiry with an additional fee. A mark can be revoked after 5 years without genuine use. The Act is the Trade Marks Act, Chapter 98, and the opposition period is set by the Rules.
Trademark deadlines in Brunei at a glance
These periods come from the Trade Marks Act, Chapter 98, Laws of Brunei (Revised Edition 2022). The Registrar of Trade Marks administers it, and the Trade Marks Rules set the detailed time limits and fees. We re-check every deadline against the current Act and Rules before we file.
| Question | Answer |
|---|---|
| How long does a trademark last? | 10 years, renewable for further periods of 10 years (sections 43 and 44). |
| Which date does the term count from? | The filing date. A mark when registered is registered as at the date of filing the application, and that date is deemed to be the date of registration (section 41(3)). |
| When can I renew? | Make the renewal request and pay the renewal fee before the expiry of the registration (section 44(3)). |
| Is there a grace period? | Yes. A late request and fee are allowed within a further period of not less than 6 months as prescribed, with an additional renewal fee (section 44(3)). |
| What if I miss it? | The Registrar removes the mark from the register. The Rules can allow restoration on conditions (section 44(5)). |
| Opposition period | Any person may oppose within the prescribed time from publication, in writing with grounds (section 39(2)). The Trade Marks Rules set this at 3 months. We confirm the current Rules. |
| Priority claim | 6 months from the first filing in a Paris Convention or WTO country (section 36). |
| Non-use revocation | 5 years without genuine use in Brunei after the registration procedure is completed, or use suspended for an uninterrupted 5 years, without proper reasons (section 47(1)). |
| Assignment | Register it. Until the particulars of an assignment are registered, it is ineffective against a person acquiring a conflicting interest (section 26). |
Who can register a trademark in Brunei
A person claiming to be the proprietor of a trade mark can apply for registration under section 33. Local and foreign owners can apply.
Local address and agent. The Rules decide the address for service and agent requirements for foreign owners, so we confirm them before filing. Foreign owners normally act through a Brunei agent.
Trademark registration process in Brunei
Search
- Search the register for identical or similar marks in your classes.
File the application
- File with the Registrar, with the goods or services in classes.
- Claim priority within 6 months of your first Paris Convention or WTO filing (section 36).
Examination
- The Registrar examines the application (section 38). If it is accepted, it is published.
Publication and opposition
- Any person may give written notice of opposition with grounds within the prescribed time from publication (section 39).
Registration
- If there is no opposition, or it is decided in the applicant's favour, the Registrar registers the mark, subject to the registration fee being paid in time, and issues the certificate (section 41).
Official fees are set by the Rules and change. We confirm the current fee for your classes before we quote.
Brunei trademark validity and renewal
- The term is 10 years from the filing date, which the Act deems the date of registration.
- Renew before the expiry, with the renewal fee.
- A late renewal is possible in a further period of at least 6 months, with an additional fee.
- If the mark is not renewed, it is removed from the register.
- Renewal takes effect from the expiry of the previous registration.
Diarise from the filing date, not from the certificate date, and renew early.
Assignment, licence and changes to a Brunei trademark
Assignment
Registrable transactions
Assignments, licences and security interests are registrable transactions. Particulars are entered in the register on application (section 26).
Effect
Until registered
Until the transaction is registered it is ineffective against a person acquiring a conflicting interest (section 26(3)).
Alteration
Changing the mark
A registered mark generally cannot be altered, but the Registrar may allow the proprietor's name or address in the mark to be altered (section 45).
Licence
Licensing
A registered mark can be licensed (section 29). Ask us for the current recordal procedure.
Revocation and non-use of a Brunei trademark
A registration can be revoked if the mark has not been put to genuine use in Brunei, by the proprietor or with consent, within 5 years following the date of completion of the registration procedure, or if use has been suspended for an uninterrupted period of 5 years, and there are no proper reasons for non-use (section 47(1)). It can also be revoked if it has become the common name in the trade, or has become liable to mislead the public through its use.
Keep dated proof of use in Brunei: invoices, packaging, advertising and website pages that show the mark with the goods or services. Use in a form that does not alter the distinctive character, and affixing the mark for export from Brunei, both count.
How to check a trademark in Brunei
Applications and registrations are published by the Registrar, and the opposition period runs from the publication date. Ask us to search the register for your mark and similar marks before you file.
Sources used
- Trade Marks Act, Chapter 98, Laws of Brunei, Revised Edition 2022 (B.L.R.O. 6/2022), English text: sections 26, 36, 39, 41, 43, 44, 45 and 47.
- Trade Marks Rules (Revised Edition 2000), listed on WIPO Lex, for the opposition period and fees.
Brunei trademark FAQ
How long does a trademark last in Brunei, and from when?
10 years, counted from the filing date, which the Act deems the date of registration (sections 41(3) and 43).
When should I renew a Brunei trademark, and is there a grace period?
Renew before expiry. A late request is allowed in a further period of at least 6 months, with an additional fee (section 44(3)).
What is the opposition period in Brunei?
The Act refers to the prescribed time from publication, and the Trade Marks Rules set it at 3 months. We confirm the current Rules.
How much does it cost to register a trademark in Brunei?
The official fee is set by the Rules and changes. We confirm the current fee for your classes and quote the full cost before filing.
Can a foreign company register a trademark in Brunei?
Yes, usually through a Brunei agent. We confirm the current requirements before filing.
Can I assign a Brunei trademark?
Yes. Register the assignment, because until it is registered it is ineffective against a person acquiring a conflicting interest (section 26).
Can a Brunei trademark be revoked for non-use?
Yes, after 5 years without genuine use, unless there are proper reasons (section 47).
What happens if I miss the renewal date?
You can still renew in the late period with an additional fee. After that the mark is removed from the register (section 44).
Can I claim priority from my home country?
Yes, within 6 months of the first filing in a Paris Convention or WTO country (section 36).
How can I check a Brunei trademark?
Registrations are published by the Registrar. We can search the register for you.
Protect your brand in Brunei
SUPREMEiP® files trademarks worldwide through its network and checks every Brunei deadline against the law. Send us your mark and we will tell you the route, the deadlines and the cost.
