| Danial Norjidi |
THE topic of trademarking was highlighted during one of the presentations at the recent Entrepreneur Open Day event organised by DARe (Darussalam Enterprise).
Assistant Registrar at the Brunei Intellectual Property Office (BruIPO) under the Ministry of Energy and Industry Stephanie Ng delivered a presentation titled ‘Trademark Your Brand and Design: How to Register and Why’ at the event, which took place in May.
She shared that intellectual property is creation of the mind, including inventions, literary and artistic works as well as symbols, names and images used in commerce and trade.
She explained that a trademark is a sign capable of distinguishing the goods and services produced or provided by one enterprise from those of other enterprises.
In terms of why micro, small and medium enterprises (MSMEs) should get a trademark, she highlighted that it helps identify the source of goods and services of the brand and helps distinguish a business from other similar businesses.
It also gives the status of a “brand” of goods or services, and also adds value. She said that brands are visually appealing and attract trust. In addition, trademarking stops others from using the same or similar trademarks or names in the same area of business and gives the trademark owner the exclusive right to use the brand or to exercise his/her rights.
Trademarking gives protection against unauthorised use and is a great marketing tool, she added.
The assistant registrar’s presentation then touched on Brunei’s trademark system, noting the law of Trade Marks Act (Cap 98) and sharing that the types of marks accepted are those which are visually perceptible, sound and three dimensional.
Brunei’s system is “First to File” and has a Local Trade Registry. The Sultanate is also an international member of the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks, also known as the “Madrid System”.
It was also shared that Brunei’s system allows for protection of 10 years from the date of filing and protection is only limited to Brunei Darussalam.
The presentation then went on to discuss how one can apply for a trademark, beginning with the first step, which is to submit a Trademark Application. This includes a cover letter, an A4-sized representation of the proposed mark, Form TM1 and a prescribed fee of BND150 per class.
Step Two will see a notice sent to the applicant with particulars of the trademark and filing date, before Step Three, where the application is examined for any deficiencies (formalities examination) in accordance with the set requirements under the law (substantive examination).
Once Step Three is completed, BruIPO will issue Form TM27 to the applicant and request for a publication fee of BND125 ie Step Four. In Step Five, the application will be published in the BruIPO Trade Marks Journal for three months (opposition period). Then finally in Step Six, after three months and if there is no opposition, BruIPO will issue the Certificate of Registration to the applicant.
Also shared during the presentation were some important points to note before applying for a trademark. These include conducting a trademark search at the Business Support Centre at the Design and Technology Building in Anggerek Desa and the WIPO Global Brand Database.
Another point to note is to make sure one’s mark is distinctive and does not consist exclusively of signs or indications serving or relating to the goods or services of the business.