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Brunei - New Trademark Law

The Emergency (Trade Marks) Order 1999 was passed by His Majesty the Sultan of Brunei Darussalam on August 30, 1999. The following important changes are introduced under the new law which is expected to enter into force shortly.

1) A trademark is defined as any visually perceptible sign capable of being represented graphically and capable of distinguishing goods or services of one undertaking from those of other undertakings.

2) Parts A and B of the Register are unified so that all marks will be entered on a single register.

3) Service marks and collective marks will now be registrable.

4) A single application may cover several classes of goods and services.

5) The practice of requiring identical or similar marks covering the same or similar goods or services to be associated will cease and disclaimers may be offered by an applicant in order to overcome a registrability objection.

6) An applicant for rectification of a trademark registration need not be an aggrieved person.

7) In an action for cancellation of a registration on the ground of non-use, the burden of proving use is on the registered proprietor.

8) The protection afforded by a registration has been extended, so that a registration may be infringed by the use of an identical or confusingly similar mark, not only in relation to goods or services specifically covered in the registration, but also in relation to similar goods or services.

9) Although licenses may be recorded, the concept of the Registered User entry has been abolished.

10) There is provision for the protection of well-known trademarks.


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