- TRADE MARKS ACT - TRADE MARKS RULES
- ARRANGEMENT OF RULES
- PART I - PRELIMINARY
- PART II - REGISTRATION OF TRADE MARKS
- Registrability of Trade Marks
- Application for Registration
- 13. Application for registration.
- 14. Representation of trade marks.
- 15. Division of trade marks.
- 16. Merger of separate applications for registration.
- 17. Series of trade marks.
- 18. Claim to priority.
- 19. Classification of goods and services.
- 20. Transliteration and translation.
- 21. Deficiencies in application.
- Amendment of Application
- Examination of Application for Registration
- Publication
- Opposition Proceedings
- Registration
- PART III - THE REGISTER
- The Register
- 35. Form of register.
- 36. Entry in register of particulars of registered trade marks.
- 37. Registration subject to disclaimer or limitation.
- 38. Request for change of name or address in register.
- 39. Death of applicant before registration.
- 40. Public inspection of register.
- 41. Supply of certified copies etc.
- 42. Removal of matter from register.
- Request for information, inspection of documents and confidentiality
- The Register
- PART IV - RENEWAL OF REGISTRATION OF TRADE MARK
- PART V - REGISTRABLE TRANSACTIONS
- PART VI - ALTERATION OF REGISTERED TRADE MARK
- PART VII - SURRENDER OF REGISTERED TRADE MARK
- PART VIII - REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION
- PART IX - COLLECTIVE MARKS AND CERTIFICATION MARKS
- PART X - EVIDENCE, COSTS AND DECISION OF REGISTRAR
- PART XI - APPEAL
- PART XII - CORRECTION OF IRREGULARITIES, CALCULATION AND EXTENSION OF TIME
- PART XIII - FILING OF DOCUMENTS AND HOURS OF BUSINESS
- PART XIV - ADDRESS ALTERED BY PUBLIC AUTHORITY
- PART XV - TRANSITIONAL PROVISIONS
- 72. Pending applications for registration.
- 73. Form for conversions of pending application.
- FIRST SCHEDULE - FEES
- SECOND SCHEDULE - FORMS
- FORM TM 1 - APPLICATION TO REGISTER A TRADE MARK
- FORM TM 2 - APPLICATION FOR ADDITIONAL CLASSES
- FORM TM 3 - REQUEST TO THE REGISTRAR FOR A STATEMENT OF GROUNDS OF DECISION
- FORM TM 4 - NOTICE OF OPPOSITION
- FORM TM 5 - FORM FOR COUNTER-STATEMENT
- FORM TM 6 - REQUEST FOR AN EXTENSION OF TIME ON AN APPLICATION
- FORM TM 7 - RENEWAL OF TRADE MARK REGISTRATION
- FORM TM 8 - REQUEST TO DIVIDE AN APPLICATION
- FORM TM 9 - REQUEST FOR THE RESTORATION AN RENEWAL OF A REGISTRATION REMOVED FROM THE REGISTER BECAUSE OF NON-PAYMENT OF THE RENEWAL FEE
- FORM TM 10 - CONVERSION OF PENDING APPLICATION (INCLUDING CERTIFICATE & COLLECTIVE MARKS)
- FORM TM 11 - APPLICATION TO REGISTER A CHANGE OF PROPRIETOR
- FORM TM 12 - REQUEST TO MERGE EITHER APPLICATIONS OR REGISTRATIONS
- FORM TM 13 - REQUEST TO CHANGE THE DETAILS OF AN APPLICATION OR A REGISTRATION
- FORM TM 14 - NOTICE TO SURRENDER A RETGISTRATION
- FORM TM 15 - NOTICE OF A PARTIAL SURRENDER OF THE SPECIFICATION OF GOODS OR SERVICES FOR WHICH THE MARK IS REGISTERED
- FORM TM 16 - APPLICATION TO RECORD OR CANCEL A REGISTRABLE TRANSACTION OR MEMORANDUM RELATING TO A TRADE MARK OTHER THAN AS ASSIGNMENT OR LICENCE
- FORM TM 17 - REQUEST FOR ALTERATION OF A REGISTERED MARK
- FORM TM 18 - APPLICATION FOR THE REVOCATION, INVALIDATION OR RECTIFICATION OF REGISTRATION
- FORM TM 19 - APPLICATION TO INTERVENE IN PROCEEDINGS FOR THE REVOCATION, INVALIDATION OR RECTIFICATION OF A REGISTRATION
- FORM TM 20 - REQUEST FOR INFORMATION ABOUT APPLICAITONS AND REGISTERED MARKS
- FORM TM 21 - REQUEST FOR A CERTIFIED COPY
- FORM TM 22 - REQUEST TO APPOINT OR CHANGE AN AGENT OR TO ENTER OR CHANGE AN ADDRESS FOR SERVICE
- FORM TM 23 - FILING OF REGULATIONS GOVERNING THE USE OF COLLECTIVE OR CERTIFICATION MARKS
- FORM TM 24 - APPLICATION TO AMEND THE REGULATIONS GOVERNING THE USE OF COLLECTIVE OR CERTIFICATION MARKS
- FORM TM 25 - APPLICATION TO REGISTER A LICENSEE
- FORM TM 26 - APPLICATION TO REMOVE OR AMEND THE RECORDAL OF A LICENCE
- FORM TM 27 - FORM FOR PUBLICATION
- FORM TM 28 - NOTICE TO THE REGISTRAR OF ATTENDANCE AT HEARING
- FORM TM 29 - COUNTER-STATEMENT TO NOTICE OF OPPOSITION IN RESPECT OF COLLECTIVE OR CERTIFICATION MARKS
- FORM TM 30 - NOTICE TO THE REGISTRAR OF ATTENDANCE AT HEARING IN RESPECT OF A COLLECTIVE OR CERTIFICATION MARK
- FORM TM 31 - CERTIFICATE ISSUED
- FORM TM 32 - APPLICATION TO REGISTER A COLLECTIVE MARK OR CERTIFICATION MARK
- THIRD SCHEDULE - CLASSIFICATION OF GOODS AND SERVICES
- ARRANGEMENT OF RULES
TRADE MARKS ACT
(CHAPTER 98)
TRADE MARKS RULES
R 1 1984 Ed. S 27/2000
REVISED EDITION 2000
(30th December 2000)
[Subsidiary] SUBSIDIARY LEGISLATION Rules under section 106(3) TRADE MARKS RULES
ARRANGEMENT OF RULES
Rules
PART I PRELIMINARY
- Citation.
- Interpretation.
- Requirements as to fees.
- Forms and directions of the Registrar.
- Size of documents.
- Signature on documents.
- Service of documents.
- Furnishing of address.
- Address for service.
- Proof of authorisation of agent may be required.
PART II REGISTRATION OF TRADE MARKS Registrability of Trade Marks
- Prohibition on registration of mark consisting of arms.
- Persons living or recently dead. Application for Registration
- Application for registration.
- Representation of trade marks.
B.L.R.O. 2/2000
[Subsidiary]
- Division of trade marks.
- Merger of separate applications for registration.
- Series of trade marks.
- Claim to priority.
- Classification of goods and services.
- Transliteration and translation.
- Deficiencies in application. Amendment of Application
- Amendment of application.
- Amendment of application after publication. Examination of Application for Registration
- Examination report and applicant’s response.
- Acceptance of application. Publication
- Publication of application.
- Photographs and artworks etc.
- Publication of series of trade marks. Opposition Proceedings
- Opposition proceedings.
- Opposition hearing.
- Decision of Registrar in opposition proceedings.
- Extension of time in opposition proceedings.
- Cost in uncontested oppositions. Registration
- Certificate of registration.
[Subsidiary] PART III THE REGISTER The Register - Form of register.
- Entry in register of particulars of registered trade marks.
- Registration subject to disclaimer or limitation.
- Request for change of name or address in register.
- Death of applicant before registration.
- Public inspection of register.
- Supply of certified copies etc.
- Removal of matter from register. Request for information, inspection of documents and confidentiality
- Request for information.
- Information available before publication.
- Inspection of documents.
- Confidential documents.
PART IV RENEWAL OF REGISTRATION OF TRADE MARK - Reminder of renewal of registration.
- Renewal of registration.
- Delayed renewal and removal of registration.
- Restoration of registration.
PART V REGISTRABLE TRANSACTIONS - Entry in register of particulars of registrable transactions.
- Application to register or give notice of transaction.
B.L.R.O. 2/2000
[Subsidiary]
53. Alteration of registered trade mark.
PART VII SURRENDER OF REGISTERED TRADE MARK
54. Surrender of registered trade mark.
PART VIII REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION
55. Procedure on application for revocation, declaration of invalidity and rectification of the register.
PART IX COLLECTIVE MARKS AND CERTIFICATION MARKS - Application for registration and filing of regulations.
- Amendment of regulations.
PART X EVIDENCE, COSTS AND DECISION OF REGISTRAR - Decision of Registrar to be taken after hearing.
- Hearing before Registrar to be in public.
- Evidence in proceedings before Registrar.
- Making and subscription of statutory declaration or affidavit.
- Costs of proceedings.
- Security for costs.
- Decision of Registrar.
[Subsidiary] PART XI APPEAL
65. Appeals from Registrar.
PART XII
CORRECTION OF IRREGULARITIES, CALCULATION AND EXTENSION OF TIME - Correction of irregularities of procedure.
- Calculation of times and periods.
- Alteration of time limits.
PART XIII FILING OF DOCUMENTS AND HOURS OF BUSINESS - Filing of documents by electronic means.
- Directions on hours of business.
PART XIV ADDRESS ALTERED BY PUBLIC AUTHORITY
71. Address altered by public authority.
PART XV TRANSITIONAL PROVISIONS - Pending applications for registration.
- Form for conversions of pending application.
FIRST SCHEDULE — FEES SECOND SCHEDULE — FORMS THIRD SCHEDULE — CLASSIFICATION OF GOODS AND SERVICES
B.L.R.O. 2/2000
[Subsidiary]
Rules under section 106(3)
TRADE MARKS RULES
Commencement:1st June 2000 [S 18/2000]
PART I
PRELIMINARY
Citation.
1. These Rules may be cited as the Trade Marks Rules.
Interpretation.
2. (1) In these Rules, unless the context otherwise requires — “old law” means the Trade Marks Act (Chapter 98) repealed by the Act and any
rules made thereunder existing immediately before the commencement of the Act; “proprietor” means the person registered as the proprietor of the trade mark; “publish” means publish in the Gazette; “send” includes give; “specification” means the statement of goods or services in respect of which a
trade mark is registered or proposed to be registered. - (2)
- In these Rules, except where otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these Rules, a reference to a Schedule is a reference to that Schedule to these Rules and a reference to a form is a reference to that form as published by the Registrar under rule 4.
- (3)
- In these Rules references to the filing of any application, notice or other document are references to its being sent or delivered to the Registrar.
Requirements as to fees.
3. (1) The fees to be paid in respect of any application, registration or any other matter under the Act and these Rules shall be those prescribed in relation to such matter by the First Schedule to these Rules.
B.L.R.O. 2/2000
[Subsidiary]
(2) Any form required to be filed with the Registrar in respect of any specified matter shall be subjected to the payment of the fee prescribed in respect of that matter by the First Schedule.
Forms and directions of the Registrar.
4. (1) Any forms required by the Registrar to be used for the purpose of registration of a trade mark or any other proceedings before him under the Act pursuant to section 62 and any directions with respect to their use shall be published and any amendment or modification of a form or of the directions with respect to its use shall be published.
(2) A requirement under this rule to use a form as published is satisfied by the use either of a replica of that form or a form which is acceptable to the Registrar and contains the information required by the form as published and complies with any directions as to the use of such a form.
Size of documents.
5. Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act or by these Rules to be given or sent to, filed with or served on the Registrar shall be given, sent, filed or served using A4 size paper.
Signature on documents.
6. (1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by — - (a)
- all the partners;
- (b)
- any partner stating that he signs on behalf of the partnership; or
(c) any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership. - (2)
- A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
- (3)
- A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
- (4)
- For the purpose of this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act or these Rules.
[Subsidiary]
Service of documents.
7. (1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing, or service may be effected by sending it by post and, if so sent, shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(2) For the purposes of sub-rule (1), a letter is taken to have been properly addressed if it is addressed to the party concerned at his address for service referred to in rule 9.
Furnishing of address.
8. (1) Where any person is by the Act or these Rules required to furnish the Registrar with an address, the address furnished shall be as full as possible for the purpose of enabling any person easily to find the place of business of the person whose address is given.
(2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of premises or name of premises, if any, and the postal code.
Address for service.
9. (1) For the purposes of any proceedings before the Registrar under these Rules or any appeal from a decision of the Registrar under the Act or these Rules, an address for service in Brunei Darussalam shall be filed by — - (a)
- every applicant for the registration of a trade mark;
- (b)
- every person opposing an application for registration of a trade mark;
- (c)
- every applicant applying to the Registrar under section 47 for the revocation of the registration of a trade mark, under section 48 for the invalidation of the registration of a trade mark, or under section 61 for the rectification of the register;
- (d)
- every person granted leave to intervene under sub-rule (5) of rule 55 (the intervener);
- (e)
- every proprietor of a registered trade mark which is the subject of an application to the Registrar for the revocation, invalidation or rectification of the registration of the mark; and
(f) every other party to any proceedings before the Registrar.
(2) The address for service of an applicant for registration of a trade mark shall, upon registration of the mark, be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under sub-rule (1) of this rule or sub-rule (2) of rule 38.
B.L.R.O. 2/2000
10 CAP. 98 Trade Marks 2000 Ed.
[Subsidiary] - (3)
- In any case in which an address for service is filed at the same time as the filing of a form required by the Registrar under rule 4 which requires the furnishing of an address for service, the address shall be filed on that form and in any other case it shall be filed on Form TM 22.
- (4)
- Anything sent to any applicant, opponent, intervener or registered proprietor at his address for service shall be deemed to be properly sent and the Registrar may, where no address for service is filed, treat as the address for service of the person concerned his trade or business address in Brunei Darussalam, if any.
- (5)
- An address for service in Brunei Darussalam may be filed at any time by the proprietor of a registered trade mark and by any person having an interest in or charge on a registered trade mark which has been registered under rule 51.
- (6)
- Where an address for service is not filed as required by sub-rule (1), the Registrar shall send the person concerned notice to file an address for service within 2 months of the date of the notice and if that person fails to do so —
- (a)
- in the case of an applicant as is referred to in paragraph (a) or (c), the application shall be treated as abandoned;
- (b)
- in the case of a person as is referred to in paragraph (b) or (d), he shall be deemed to have withdrawn from the proceedings;
- (c)
- in the case of the proprietor referred to in paragraph (e), he shall not be permitted to take part in any proceedings.
Proof of authorisation of agent may be required.
10. (1) Where an agent has been authorised under section 75, the Registrar may in any particular case require the personal signature or presence of the agent or the person authorising him to act as agent. - (2)
- Where after a person has become a party to proceedings before the Registrar, he appoints an agent for the first time or appoints one agent in substitution for another, the newly appointed agent shall file Form TM 22, and any act required or authorised by the Act in connection with the registration of a trade mark or any procedure relating to a trade mark may not be done by or to the newly appointed agent until or after the date on which he files that form.
- (3)
- The Registrar may by notice in writing sent to an agent require him to produce evidence of his authority.
2000 Ed. Trade Marks CAP. 98 11
[Subsidiary]
REGISTRATION OF TRADE MARKS
Registrability of Trade Marks
(CHAPTER 98)
TRADE MARKS RULES
R 1 1984 Ed. S 27/2000
REVISED EDITION 2000
(30th December 2000)
[Subsidiary] SUBSIDIARY LEGISLATION Rules under section 106(3) TRADE MARKS RULES
ARRANGEMENT OF RULES
Rules
PART I PRELIMINARY
- Citation.
- Interpretation.
- Requirements as to fees.
- Forms and directions of the Registrar.
- Size of documents.
- Signature on documents.
- Service of documents.
- Furnishing of address.
- Address for service.
- Proof of authorisation of agent may be required.
PART II REGISTRATION OF TRADE MARKS Registrability of Trade Marks
- Prohibition on registration of mark consisting of arms.
- Persons living or recently dead. Application for Registration
- Application for registration.
- Representation of trade marks.
B.L.R.O. 2/2000
[Subsidiary]
- Division of trade marks.
- Merger of separate applications for registration.
- Series of trade marks.
- Claim to priority.
- Classification of goods and services.
- Transliteration and translation.
- Deficiencies in application. Amendment of Application
- Amendment of application.
- Amendment of application after publication. Examination of Application for Registration
- Examination report and applicant’s response.
- Acceptance of application. Publication
- Publication of application.
- Photographs and artworks etc.
- Publication of series of trade marks. Opposition Proceedings
- Opposition proceedings.
- Opposition hearing.
- Decision of Registrar in opposition proceedings.
- Extension of time in opposition proceedings.
- Cost in uncontested oppositions. Registration
- Certificate of registration.
[Subsidiary] PART III THE REGISTER The Register - Form of register.
- Entry in register of particulars of registered trade marks.
- Registration subject to disclaimer or limitation.
- Request for change of name or address in register.
- Death of applicant before registration.
- Public inspection of register.
- Supply of certified copies etc.
- Removal of matter from register. Request for information, inspection of documents and confidentiality
- Request for information.
- Information available before publication.
- Inspection of documents.
- Confidential documents.
PART IV RENEWAL OF REGISTRATION OF TRADE MARK - Reminder of renewal of registration.
- Renewal of registration.
- Delayed renewal and removal of registration.
- Restoration of registration.
PART V REGISTRABLE TRANSACTIONS - Entry in register of particulars of registrable transactions.
- Application to register or give notice of transaction.
B.L.R.O. 2/2000
[Subsidiary]
53. Alteration of registered trade mark.
PART VII SURRENDER OF REGISTERED TRADE MARK
54. Surrender of registered trade mark.
PART VIII REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION
55. Procedure on application for revocation, declaration of invalidity and rectification of the register.
PART IX COLLECTIVE MARKS AND CERTIFICATION MARKS - Application for registration and filing of regulations.
- Amendment of regulations.
PART X EVIDENCE, COSTS AND DECISION OF REGISTRAR - Decision of Registrar to be taken after hearing.
- Hearing before Registrar to be in public.
- Evidence in proceedings before Registrar.
- Making and subscription of statutory declaration or affidavit.
- Costs of proceedings.
- Security for costs.
- Decision of Registrar.
[Subsidiary] PART XI APPEAL
65. Appeals from Registrar.
PART XII
CORRECTION OF IRREGULARITIES, CALCULATION AND EXTENSION OF TIME - Correction of irregularities of procedure.
- Calculation of times and periods.
- Alteration of time limits.
PART XIII FILING OF DOCUMENTS AND HOURS OF BUSINESS - Filing of documents by electronic means.
- Directions on hours of business.
PART XIV ADDRESS ALTERED BY PUBLIC AUTHORITY
71. Address altered by public authority.
PART XV TRANSITIONAL PROVISIONS - Pending applications for registration.
- Form for conversions of pending application.
FIRST SCHEDULE — FEES SECOND SCHEDULE — FORMS THIRD SCHEDULE — CLASSIFICATION OF GOODS AND SERVICES
B.L.R.O. 2/2000
[Subsidiary]
Rules under section 106(3)
TRADE MARKS RULES
Commencement:1st June 2000 [S 18/2000]
PART I
PRELIMINARY
Citation.
1. These Rules may be cited as the Trade Marks Rules.
Interpretation.
2. (1) In these Rules, unless the context otherwise requires — “old law” means the Trade Marks Act (Chapter 98) repealed by the Act and any
rules made thereunder existing immediately before the commencement of the Act; “proprietor” means the person registered as the proprietor of the trade mark; “publish” means publish in the Gazette; “send” includes give; “specification” means the statement of goods or services in respect of which a
trade mark is registered or proposed to be registered. - (2)
- In these Rules, except where otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these Rules, a reference to a Schedule is a reference to that Schedule to these Rules and a reference to a form is a reference to that form as published by the Registrar under rule 4.
- (3)
- In these Rules references to the filing of any application, notice or other document are references to its being sent or delivered to the Registrar.
Requirements as to fees.
3. (1) The fees to be paid in respect of any application, registration or any other matter under the Act and these Rules shall be those prescribed in relation to such matter by the First Schedule to these Rules.
B.L.R.O. 2/2000
[Subsidiary]
(2) Any form required to be filed with the Registrar in respect of any specified matter shall be subjected to the payment of the fee prescribed in respect of that matter by the First Schedule.
Forms and directions of the Registrar.
4. (1) Any forms required by the Registrar to be used for the purpose of registration of a trade mark or any other proceedings before him under the Act pursuant to section 62 and any directions with respect to their use shall be published and any amendment or modification of a form or of the directions with respect to its use shall be published.
(2) A requirement under this rule to use a form as published is satisfied by the use either of a replica of that form or a form which is acceptable to the Registrar and contains the information required by the form as published and complies with any directions as to the use of such a form.
Size of documents.
5. Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act or by these Rules to be given or sent to, filed with or served on the Registrar shall be given, sent, filed or served using A4 size paper.
Signature on documents.
6. (1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by — - (a)
- all the partners;
- (b)
- any partner stating that he signs on behalf of the partnership; or
(c) any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership. - (2)
- A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
- (3)
- A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
- (4)
- For the purpose of this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act or these Rules.
[Subsidiary]
Service of documents.
7. (1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing, or service may be effected by sending it by post and, if so sent, shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(2) For the purposes of sub-rule (1), a letter is taken to have been properly addressed if it is addressed to the party concerned at his address for service referred to in rule 9.
Furnishing of address.
8. (1) Where any person is by the Act or these Rules required to furnish the Registrar with an address, the address furnished shall be as full as possible for the purpose of enabling any person easily to find the place of business of the person whose address is given.
(2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of premises or name of premises, if any, and the postal code.
Address for service.
9. (1) For the purposes of any proceedings before the Registrar under these Rules or any appeal from a decision of the Registrar under the Act or these Rules, an address for service in Brunei Darussalam shall be filed by — - (a)
- every applicant for the registration of a trade mark;
- (b)
- every person opposing an application for registration of a trade mark;
- (c)
- every applicant applying to the Registrar under section 47 for the revocation of the registration of a trade mark, under section 48 for the invalidation of the registration of a trade mark, or under section 61 for the rectification of the register;
- (d)
- every person granted leave to intervene under sub-rule (5) of rule 55 (the intervener);
- (e)
- every proprietor of a registered trade mark which is the subject of an application to the Registrar for the revocation, invalidation or rectification of the registration of the mark; and
(f) every other party to any proceedings before the Registrar.
(2) The address for service of an applicant for registration of a trade mark shall, upon registration of the mark, be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under sub-rule (1) of this rule or sub-rule (2) of rule 38.
B.L.R.O. 2/2000
10 CAP. 98 Trade Marks 2000 Ed.
[Subsidiary] - (3)
- In any case in which an address for service is filed at the same time as the filing of a form required by the Registrar under rule 4 which requires the furnishing of an address for service, the address shall be filed on that form and in any other case it shall be filed on Form TM 22.
- (4)
- Anything sent to any applicant, opponent, intervener or registered proprietor at his address for service shall be deemed to be properly sent and the Registrar may, where no address for service is filed, treat as the address for service of the person concerned his trade or business address in Brunei Darussalam, if any.
- (5)
- An address for service in Brunei Darussalam may be filed at any time by the proprietor of a registered trade mark and by any person having an interest in or charge on a registered trade mark which has been registered under rule 51.
- (6)
- Where an address for service is not filed as required by sub-rule (1), the Registrar shall send the person concerned notice to file an address for service within 2 months of the date of the notice and if that person fails to do so —
- (a)
- in the case of an applicant as is referred to in paragraph (a) or (c), the application shall be treated as abandoned;
- (b)
- in the case of a person as is referred to in paragraph (b) or (d), he shall be deemed to have withdrawn from the proceedings;
- (c)
- in the case of the proprietor referred to in paragraph (e), he shall not be permitted to take part in any proceedings.
Proof of authorisation of agent may be required.
10. (1) Where an agent has been authorised under section 75, the Registrar may in any particular case require the personal signature or presence of the agent or the person authorising him to act as agent. - (2)
- Where after a person has become a party to proceedings before the Registrar, he appoints an agent for the first time or appoints one agent in substitution for another, the newly appointed agent shall file Form TM 22, and any act required or authorised by the Act in connection with the registration of a trade mark or any procedure relating to a trade mark may not be done by or to the newly appointed agent until or after the date on which he files that form.
- (3)
- The Registrar may by notice in writing sent to an agent require him to produce evidence of his authority.
2000 Ed. Trade Marks CAP. 98 11
[Subsidiary]
REGISTRATION OF TRADE MARKS
Registrability of Trade Marks
TRADE MARKS RULES
R 1 1984 Ed. S 27/2000
REVISED EDITION 2000
(30th December 2000)
[Subsidiary] SUBSIDIARY LEGISLATION Rules under section 106(3) TRADE MARKS RULES
ARRANGEMENT OF RULES
Rules
PART I PRELIMINARY
- Citation.
- Interpretation.
- Requirements as to fees.
- Forms and directions of the Registrar.
- Size of documents.
- Signature on documents.
- Service of documents.
- Furnishing of address.
- Address for service.
- Proof of authorisation of agent may be required.
PART II REGISTRATION OF TRADE MARKS Registrability of Trade Marks
- Prohibition on registration of mark consisting of arms.
- Persons living or recently dead. Application for Registration
- Application for registration.
- Representation of trade marks.
B.L.R.O. 2/2000
[Subsidiary]
- Division of trade marks.
- Merger of separate applications for registration.
- Series of trade marks.
- Claim to priority.
- Classification of goods and services.
- Transliteration and translation.
- Deficiencies in application. Amendment of Application
- Amendment of application.
- Amendment of application after publication. Examination of Application for Registration
- Examination report and applicant’s response.
- Acceptance of application. Publication
- Publication of application.
- Photographs and artworks etc.
- Publication of series of trade marks. Opposition Proceedings
- Opposition proceedings.
- Opposition hearing.
- Decision of Registrar in opposition proceedings.
- Extension of time in opposition proceedings.
- Cost in uncontested oppositions. Registration
- Certificate of registration.
[Subsidiary] PART III THE REGISTER The Register - Form of register.
- Entry in register of particulars of registered trade marks.
- Registration subject to disclaimer or limitation.
- Request for change of name or address in register.
- Death of applicant before registration.
- Public inspection of register.
- Supply of certified copies etc.
- Removal of matter from register. Request for information, inspection of documents and confidentiality
- Request for information.
- Information available before publication.
- Inspection of documents.
- Confidential documents.
PART IV RENEWAL OF REGISTRATION OF TRADE MARK - Reminder of renewal of registration.
- Renewal of registration.
- Delayed renewal and removal of registration.
- Restoration of registration.
PART V REGISTRABLE TRANSACTIONS - Entry in register of particulars of registrable transactions.
- Application to register or give notice of transaction.
B.L.R.O. 2/2000
[Subsidiary]
53. Alteration of registered trade mark.
PART VII SURRENDER OF REGISTERED TRADE MARK
54. Surrender of registered trade mark.
PART VIII REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION
55. Procedure on application for revocation, declaration of invalidity and rectification of the register.
PART IX COLLECTIVE MARKS AND CERTIFICATION MARKS - Application for registration and filing of regulations.
- Amendment of regulations.
PART X EVIDENCE, COSTS AND DECISION OF REGISTRAR - Decision of Registrar to be taken after hearing.
- Hearing before Registrar to be in public.
- Evidence in proceedings before Registrar.
- Making and subscription of statutory declaration or affidavit.
- Costs of proceedings.
- Security for costs.
- Decision of Registrar.
[Subsidiary] PART XI APPEAL
65. Appeals from Registrar.
PART XII
CORRECTION OF IRREGULARITIES, CALCULATION AND EXTENSION OF TIME - Correction of irregularities of procedure.
- Calculation of times and periods.
- Alteration of time limits.
PART XIII FILING OF DOCUMENTS AND HOURS OF BUSINESS - Filing of documents by electronic means.
- Directions on hours of business.
PART XIV ADDRESS ALTERED BY PUBLIC AUTHORITY
71. Address altered by public authority.
PART XV TRANSITIONAL PROVISIONS - Pending applications for registration.
- Form for conversions of pending application.
FIRST SCHEDULE — FEES SECOND SCHEDULE — FORMS THIRD SCHEDULE — CLASSIFICATION OF GOODS AND SERVICES
B.L.R.O. 2/2000
[Subsidiary]
Rules under section 106(3)
TRADE MARKS RULES
Commencement:1st June 2000 [S 18/2000]
PART I
PRELIMINARY
Citation.
1. These Rules may be cited as the Trade Marks Rules.
Interpretation.
2. (1) In these Rules, unless the context otherwise requires — “old law” means the Trade Marks Act (Chapter 98) repealed by the Act and any
rules made thereunder existing immediately before the commencement of the Act; “proprietor” means the person registered as the proprietor of the trade mark; “publish” means publish in the Gazette; “send” includes give; “specification” means the statement of goods or services in respect of which a
trade mark is registered or proposed to be registered. - (2)
- In these Rules, except where otherwise indicated, a reference to a section is a reference to that section in the Act, a reference to a rule is a reference to that rule in these Rules, a reference to a Schedule is a reference to that Schedule to these Rules and a reference to a form is a reference to that form as published by the Registrar under rule 4.
- (3)
- In these Rules references to the filing of any application, notice or other document are references to its being sent or delivered to the Registrar.
Requirements as to fees.
3. (1) The fees to be paid in respect of any application, registration or any other matter under the Act and these Rules shall be those prescribed in relation to such matter by the First Schedule to these Rules.
B.L.R.O. 2/2000
[Subsidiary]
(2) Any form required to be filed with the Registrar in respect of any specified matter shall be subjected to the payment of the fee prescribed in respect of that matter by the First Schedule.
Forms and directions of the Registrar.
4. (1) Any forms required by the Registrar to be used for the purpose of registration of a trade mark or any other proceedings before him under the Act pursuant to section 62 and any directions with respect to their use shall be published and any amendment or modification of a form or of the directions with respect to its use shall be published.
(2) A requirement under this rule to use a form as published is satisfied by the use either of a replica of that form or a form which is acceptable to the Registrar and contains the information required by the form as published and complies with any directions as to the use of such a form.
Size of documents.
5. Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act or by these Rules to be given or sent to, filed with or served on the Registrar shall be given, sent, filed or served using A4 size paper.
Signature on documents.
6. (1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by — - (a)
- all the partners;
- (b)
- any partner stating that he signs on behalf of the partnership; or
(c) any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership. - (2)
- A document to be signed for or on behalf of a body corporate shall be signed by a director, the secretary or other principal officer of the body corporate, or by any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the body corporate.
- (3)
- A document to be signed by or on behalf of an unincorporated body or association of persons may be signed by any person who appears to the Registrar to be qualified to so sign.
- (4)
- For the purpose of this rule, “document” means a document to be given or sent to, filed with or served on the Registrar in respect of any matter under the Act or these Rules.
[Subsidiary]
Service of documents.
7. (1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing, or service may be effected by sending it by post and, if so sent, shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(2) For the purposes of sub-rule (1), a letter is taken to have been properly addressed if it is addressed to the party concerned at his address for service referred to in rule 9.
Furnishing of address.
8. (1) Where any person is by the Act or these Rules required to furnish the Registrar with an address, the address furnished shall be as full as possible for the purpose of enabling any person easily to find the place of business of the person whose address is given.
(2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of premises or name of premises, if any, and the postal code.
Address for service.
9. (1) For the purposes of any proceedings before the Registrar under these Rules or any appeal from a decision of the Registrar under the Act or these Rules, an address for service in Brunei Darussalam shall be filed by — - (a)
- every applicant for the registration of a trade mark;
- (b)
- every person opposing an application for registration of a trade mark;
- (c)
- every applicant applying to the Registrar under section 47 for the revocation of the registration of a trade mark, under section 48 for the invalidation of the registration of a trade mark, or under section 61 for the rectification of the register;
- (d)
- every person granted leave to intervene under sub-rule (5) of rule 55 (the intervener);
- (e)
- every proprietor of a registered trade mark which is the subject of an application to the Registrar for the revocation, invalidation or rectification of the registration of the mark; and
(f) every other party to any proceedings before the Registrar.
(2) The address for service of an applicant for registration of a trade mark shall, upon registration of the mark, be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under sub-rule (1) of this rule or sub-rule (2) of rule 38.
B.L.R.O. 2/2000
10 CAP. 98 Trade Marks 2000 Ed.
[Subsidiary] - (3)
- In any case in which an address for service is filed at the same time as the filing of a form required by the Registrar under rule 4 which requires the furnishing of an address for service, the address shall be filed on that form and in any other case it shall be filed on Form TM 22.
- (4)
- Anything sent to any applicant, opponent, intervener or registered proprietor at his address for service shall be deemed to be properly sent and the Registrar may, where no address for service is filed, treat as the address for service of the person concerned his trade or business address in Brunei Darussalam, if any.
- (5)
- An address for service in Brunei Darussalam may be filed at any time by the proprietor of a registered trade mark and by any person having an interest in or charge on a registered trade mark which has been registered under rule 51.
- (6)
- Where an address for service is not filed as required by sub-rule (1), the Registrar shall send the person concerned notice to file an address for service within 2 months of the date of the notice and if that person fails to do so —
- (a)
- in the case of an applicant as is referred to in paragraph (a) or (c), the application shall be treated as abandoned;
- (b)
- in the case of a person as is referred to in paragraph (b) or (d), he shall be deemed to have withdrawn from the proceedings;
- (c)
- in the case of the proprietor referred to in paragraph (e), he shall not be permitted to take part in any proceedings.
Proof of authorisation of agent may be required.
10. (1) Where an agent has been authorised under section 75, the Registrar may in any particular case require the personal signature or presence of the agent or the person authorising him to act as agent. - (2)
- Where after a person has become a party to proceedings before the Registrar, he appoints an agent for the first time or appoints one agent in substitution for another, the newly appointed agent shall file Form TM 22, and any act required or authorised by the Act in connection with the registration of a trade mark or any procedure relating to a trade mark may not be done by or to the newly appointed agent until or after the date on which he files that form.
- (3)
- The Registrar may by notice in writing sent to an agent require him to produce evidence of his authority.
2000 Ed. Trade Marks CAP. 98 11
[Subsidiary]
REGISTRATION OF TRADE MARKS
Registrability of Trade Marks
REVISED EDITION 2000
(30th December 2000)
[Subsidiary] SUBSIDIARY LEGISLATION Rules under section 106(3) TRADE MARKS RULES
ARRANGEMENT OF RULES
B.L.R.O. 2/2000
[Subsidiary] PART III THE REGISTER The Register PART IV RENEWAL OF REGISTRATION OF TRADE MARK PART V REGISTRABLE TRANSACTIONS B.L.R.O. 2/2000
[Subsidiary]
53. Alteration of registered trade mark.
PART VII SURRENDER OF REGISTERED TRADE MARK
54. Surrender of registered trade mark.
PART VIII REVOCATION, INVALIDATION, RECTIFICATION AND CANCELLATION
55. Procedure on application for revocation, declaration of invalidity and rectification of the register.
PART IX COLLECTIVE MARKS AND CERTIFICATION MARKS PART X EVIDENCE, COSTS AND DECISION OF REGISTRAR [Subsidiary] PART XI APPEAL
65. Appeals from Registrar.
PART XII
CORRECTION OF IRREGULARITIES, CALCULATION AND EXTENSION OF TIME PART XIII FILING OF DOCUMENTS AND HOURS OF BUSINESS PART XIV ADDRESS ALTERED BY PUBLIC AUTHORITY
71. Address altered by public authority.
PART XV TRANSITIONAL PROVISIONS FIRST SCHEDULE — FEES SECOND SCHEDULE — FORMS THIRD SCHEDULE — CLASSIFICATION OF GOODS AND SERVICES
B.L.R.O. 2/2000
[Subsidiary]
Rules under section 106(3)
TRADE MARKS RULES
Commencement:1st June 2000 [S 18/2000]
PART I
PRELIMINARY
Citation.
1. These Rules may be cited as the Trade Marks Rules.
Interpretation.
2. (1) In these Rules, unless the context otherwise requires — “old law” means the Trade Marks Act (Chapter 98) repealed by the Act and any
rules made thereunder existing immediately before the commencement of the Act; “proprietor” means the person registered as the proprietor of the trade mark; “publish” means publish in the Gazette; “send” includes give; “specification” means the statement of goods or services in respect of which a
trade mark is registered or proposed to be registered. Requirements as to fees.
3. (1) The fees to be paid in respect of any application, registration or any other matter under the Act and these Rules shall be those prescribed in relation to such matter by the First Schedule to these Rules.
B.L.R.O. 2/2000
[Subsidiary]
(2) Any form required to be filed with the Registrar in respect of any specified matter shall be subjected to the payment of the fee prescribed in respect of that matter by the First Schedule.
Forms and directions of the Registrar.
4. (1) Any forms required by the Registrar to be used for the purpose of registration of a trade mark or any other proceedings before him under the Act pursuant to section 62 and any directions with respect to their use shall be published and any amendment or modification of a form or of the directions with respect to its use shall be published.
(2) A requirement under this rule to use a form as published is satisfied by the use either of a replica of that form or a form which is acceptable to the Registrar and contains the information required by the form as published and complies with any directions as to the use of such a form.
Size of documents.
5. Subject to any directions that may be given by the Registrar, all forms, notices and other documents required or authorised by the Act or by these Rules to be given or sent to, filed with or served on the Registrar shall be given, sent, filed or served using A4 size paper.
Signature on documents.
6. (1) A document to be signed for or on behalf of a partnership shall contain the names of all the partners in full and shall be signed by — (c) any other person who satisfies the Registrar that he is authorised to sign the document on behalf of the partnership. [Subsidiary]
Service of documents.
7. (1) Where the Act or these Rules authorise or require any document to be given or sent to, filed with or served on any party, the giving, sending, filing, or service may be effected by sending it by post and, if so sent, shall be deemed to be effected by properly addressing, prepaying and posting a letter containing the document and, unless the contrary is proved, shall be deemed to have been effected at the time at which the letter would be delivered in the ordinary course of post.
(2) For the purposes of sub-rule (1), a letter is taken to have been properly addressed if it is addressed to the party concerned at his address for service referred to in rule 9.
Furnishing of address.
8. (1) Where any person is by the Act or these Rules required to furnish the Registrar with an address, the address furnished shall be as full as possible for the purpose of enabling any person easily to find the place of business of the person whose address is given.
(2) The Registrar may require the address to include the name of the street, the number of the block of building, the number of premises or name of premises, if any, and the postal code.
Address for service.
9. (1) For the purposes of any proceedings before the Registrar under these Rules or any appeal from a decision of the Registrar under the Act or these Rules, an address for service in Brunei Darussalam shall be filed by — (f) every other party to any proceedings before the Registrar.
(2) The address for service of an applicant for registration of a trade mark shall, upon registration of the mark, be deemed to be the address for service of the registered proprietor, subject to any filing to the contrary under sub-rule (1) of this rule or sub-rule (2) of rule 38.
B.L.R.O. 2/2000
10 CAP. 98 Trade Marks 2000 Ed.
[Subsidiary] Proof of authorisation of agent may be required.
10. (1) Where an agent has been authorised under section 75, the Registrar may in any particular case require the personal signature or presence of the agent or the person authorising him to act as agent. 2000 Ed. Trade Marks CAP. 98 11
[Subsidiary]
REGISTRATION OF TRADE MARKS
Registrability of Trade Marks
Rules
PART I PRELIMINARY
PART II REGISTRATION OF TRADE MARKS Registrability of Trade Marks
[Subsidiary]