TRADE MARKS ACT (CHAPTER 98) TRADE MARKS RULES

55. Procedure on application for revocation, declaration of invalidityand rectification of the register.

“old law” means the Trade Marks Act (Chapter 98) repealed by theAct and any rules made thereunder existing immediately before the commencementof the Act;

“proprietor” means the person registered as the proprietor of thetrade mark;

“specification” means the statement of goods or services inrespect of which a trade mark is registered or proposed to be registered.

(2) In these Rules, except where otherwise indicated, a reference to asection is a reference to that section in the Act, a reference to a rule is areference to that rule in these Rules, a reference to a Schedule is a referenceto that Schedule to these Rules and a reference to a form is a reference tothat 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 theRegistrar.

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 thoseprescribed in relation to such matter by the First Schedule to these Rules.

(2) Any form required to be filed with the Registrar in respect of anyspecified matter shall be subjected to the payment of the fee prescribed inrespect of that matter by the First Schedule.

4. (1) Any forms required by the Registrar to be used for the purposeof registration of a trade mark or any other proceedings before him under theAct 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 thedirections with respect to its use shall be published.

(2) A requirement under this rule to use a form as published is satisfied bythe use either of a replica of that form or a form which is acceptable to theRegistrar and contains the information required by the form as published andcomplies with any directions as to the use of such a form.

5. Subject to any directions that may be given by the Registrar, allforms, notices and other documents required or authorised by the Act or by theseRules to be given or sent to, filed with or served on the Registrar shall begiven, sent, filed or served using A4 size paper.

6. (1) A document to be signed for or on behalf of a partnershipshall 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 authorisedto sign the document on behalf of the partnership.

(2) A document to be signed for or on behalf of a body corporate shall besigned by a director, the secretary or other principal officer of the bodycorporate, or by any other person who satisfies the Registrar that he isauthorised 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 theRegistrar to be qualified to so sign.

(4) For the purpose of this rule, “document” means a document tobe given or sent to, filed with or served on the Registrar in respect of anymatter under the Act or these Rules.

7. (1) Where the Act or these Rules authorise or require any documentto 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, shallbe deemed to be effected by properly addressing, prepaying and posting a lettercontaining the document and, unless the contrary is proved, shall be deemed tohave been effected at the time at which the letter would be delivered in theordinary course of post.

(2) For the purposes of sub-rule (1), a letter is taken to have beenproperly addressed if it is addressed to the party concerned at his address forservice referred to in rule 9.

8. (1) Where any person is by the Act or these Rules required tofurnish the Registrar with an address, the address furnished shall be as full aspossible for the purpose of enabling any person easily to find the place ofbusiness 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.

9. (1) For the purposes of any proceedings before the Registrar underthese Rules or any appeal from a decision of the Registrar under the Act orthese Rules, an address for service in Brunei Darussalam shall be filed by—

(c) every applicant applying to the Registrar under section 47 for therevocation of the registration of a trade mark, under section 48 for theinvalidation of the registration of a trade mark, or under section 61 for therectification of the register;

(d) every person granted leave to intervene under sub-rule (5) ofrule 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 orrectification of the registration of the mark; and

(2) The address for service of an applicant for registration of a trade markshall, upon registration of the mark, be deemed to be the address for service ofthe registered proprietor, subject to any filing to the contrary under sub-rule(1) of this rule or sub-rule (2) of rule 38.

(3) In any case in which an address for service is filed at the same time asthe filing of a form required by the Registrar under rule 4 which requires thefurnishing of an address for service, the address shall be filed on that formand in any other case it shall be filed on Form TM 22.

(4) Anything sent to any applicant, opponent, intervener or registeredproprietor at his address for service shall be deemed to be properly sent andthe Registrar may, where no address for service is filed, treat as the addressfor service of the person concerned his trade or business address in BruneiDarussalam, if any.

(5) An address for service in Brunei Darussalam may be filed at any time bythe proprietor of a registered trade mark and by any person having an interestin or charge on a registered trade mark which has been registered under rule51.

(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 forservice within 2 months of the date of the notice and if that person fails to doso —

(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 theproceedings;

(c) in the case of the proprietor referred to in paragraph (e) , he shall not be permitted to take part in any proceedings.

10. (1) Where an agent has been authorised under section 75, theRegistrar 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 theRegistrar, he appoints an agent for the first time or appoints one agent insubstitution for another, the newly appointed agent shall file Form TM 22, andany act required or authorised by the Act in connection with the registration ofa trade mark or any procedure relating to a trade mark may not be done by or tothe newly appointed agent until or after the date on which he files thatform.

(3) The Registrar may by notice in writing sent to an agent require him toproduce evidence of his authority.

11. Where a representation of any arms or insignia as is referred toin subsection (4) of section 7 appears on a mark, the Registrar shall refuse toaccept an application for the registration of the mark unless satisfied that theconsent of the person entitled to the arms has been obtained.

12. (1) Where the name or representation of any person appears on atrade mark which is the subject of an application for registration, theRegistrar, before proceeding to register the mark, may require the applicant tofurnish the Registrar with consent of the person or, in the case of a personrecently dead, of his legal representatives.

(2) Where such consent is not furnished within the time specified by theRegistrar and the applicant fails to satisfy the Registrar that it is impossibleor impracticable in the circumstances of the case to obtain the consent, theRegistrar shall refuse to register the mark.

13. (1) An application for the registration of a trade mark shall befiled on Form TM 1 and shall be subject to the payment of the application feeand such class fees as may be appropriate.

(2) An application for the registration of a 3-dimensional shape as a trademark shall not be treated as such unless the application form contains astatement to that effect.

(3) Where colour is claimed as part of a trade mark, it shall not be treatedas such unless the application form contains a statement to that effect.

14. (1) The applicant shall provide a clear and durablerepresentation of the mark in the space provided on a separate sheet of paper tobe annexed to the application form.

(2) Where the representation exceeds the space in size, the representationshall be provided on a separate sheet of paper to be annexed to the applicationform.

(3) The Registrar, if dissatisfied with any representation of a trade mark,may at any time require another representation satisfactory to him to be filedbefore proceeding with the application, and the applicant shall substitute therepresentation by filing with the Registrar on Form TM 13.

15. (1) At any time before registration an applicant may send to the Registrar a request on Form TM 8 for a division of his application for registration (the original application) into 2 or more separate applications, (divisional applications), indicating for each division the specification of goods or services; each divisional application shall be treated as a separate application for registration with the same filing date as the original application.

(2) Where the request to divide an application is sent after publication of the application, any objections in respect of, or oppositionto, the original application shall be taken to apply to each divisionalapplications and shall be proceeded with accordingly.

(3) Upon division of an original application in respect of which notice hasbeen given to the Registrar of particulars relating to the grant of a licence,or a security interest or any right in or under it, the notice and theparticulars shall be deemed to apply in relation to each of the applicationsinto which the original applications has been divided.

16. (1) An applicant who has made separate applications forregistration of a mark may, at any time before preparations for the publicationof any of the application have been completed by the Registry, request theRegistrar on Form TM 12 to merge the separate applications into a singleapplication.

(2) The Registrar shall, if satisfied that all the applications which arethe subject of the request for merger —

(3) The proprietor of 2 or more registrations of a trade mark mayrequest the Registrar on Form TM 12 to merge them into a single registration;and the Registrar shall, if satisfied that the registrations are in respect ofthe same trade mark, merge them into a single registration.

(4) Where any registration of a trade mark to be merged under sub-rule (3)is subject to a disclaimer or limitation, the merged registration shall also berestricted accordingly.

(5) Where any registration of a trade mark to be merged under sub-rule (3)has been registered in relation to its particulars relating to the grant of alicence or a security interest or any right in or under it, or of any memorandum or statement of the effect of a memorandum, the Registrarshall enter in the register the same particulars in relation to the mergedregistration.

(6) The date of registration of the merged registration shall, where theseparate registrations bear different dates, be the latest of those dates.

17. (1) The proprietor of a series of trade marks may apply to the Registrar on Form TM 1 for their registration as a series in a single registration and there shall be included in such application a representation of each mark claimed to be in the series; and the Registrar shall, if satisfied that the marks constitute a series, accept the application.

(2) At any time before preparations of publications of the application havebeen completed by the Registry, the applicant under sub-rule (1) may request onForm TM 8 the division of the application into separate applications in respectof one or more marks in that series and the Registrar shall, if he is satisfiedthat the division requested conforms with subsection (2) of section 42, dividethe application accordingly.

(3) At any time the applicant for registration of a series of trade marks orthe proprietor of a registered series of trade marks may request the deletion ofa mark in that series, and the Registrar shall delete the mark accordingly.

(4) The division of an application into one or more applications undersub-rule (2) shall be subject to the payment of a divisional fee and suchapplication and class fees as are appropriate.

18. (1) Where a right to priority is claimed by reason of an application for protection of a trade mark duly filed in a Convention country under section 36 or in another country or territory in respect of which provision corresponding to that made by section 36 is made under subsection (7) of that section, particulars of that claim shall be included in the application for registration under rule 13 and, where no certificate as is referred to sub-rule (2) is filed with the application, such particulars shall include the country or countries and the date or dates of filing.

(2) Unless it has been filed at the time of the filing of the applicationfor registration, there shall be filed, within three months of the filing of theapplication under rule 13, a certificate by the registering or other competentauthority of that country certifying, or verifying to the satisfaction of theRegistrar, the date of the filing of the application, the country or registeringor competent authority, the representation of the mark, and the goods orservices covered by the application.

19. (1) For the purposes of trade mark registrations in respect ofgoods and services, these are classified in accordance with the Third Scheduleto these Rules which sets out the current version of the classes of theInternational Classification of Goods and Services.

(2) Every application form shall contain a specification of the goods orservices to which the application relates and the class number or numbers ofthose goods or services as set out in the Third Schedule.

(3) An application may be made in respect of more than one class of goods orservices in that Schedule, and in such a case the specification shall set outthe classes in consecutive numerical order and list under each class the goodsor services to which the application relates.

(4) If the specification contained in the application lists items byreference to a class in the Third Schedule in which they do not fall, theapplicant may request, by filing Form TM 2, that his application be amended toinclude the appropriate class for those items, and upon the payment of suchclass fee as may be appropriate the Registrar shall amend his applicationaccordingly.

20. (1) Where a trade mark contains or consists of a word or words incharacters other than Roman or in a language other than English or Malay, thereshall, unless the Registrar othewise directs, be endorsed on the applicationform —

(a) a translation and, if the case requires, a transliteration, of each word in English to the satisfaction of the Registrar; and

(2) The Registrar may at any time require a copy of the translation ortransliteration, certified or verified to the satisfaction of the Registrar, tobe filed with the Registrar.

21. Where an application for registration of a trade mark does not satisfy the requirements of subsections (2), (3) or (4) of section33 or rule 13 or sub-rule (3) of rule 19, the Registrar shall send noticethereof to the applicant to remedy the deficiencies or, in a case undersubsection (4) of section 33, the default of payment and if within 2 months ofthe date of the notice the applicant —

(a) fails to remedy any deficiency notified to him in respect ofsubsection (2) of section 33, the application shall be deemed never to have beenmade; or

(b) fails to remedy any deficiency notified to him in respect ofsubsection (3) of section 33 or rule 13 or sub-rule (3) of rule 19 or fails tomake payment as required by subsection (4) of section 33, the application shallbe treated as abandoned.

22. (1) A request for an amendment of an application to correct anerror or to change the name or address of the applicant or in respect of anyamendment of the application shall be made on Form TM 13.

(2) An application to amend an application for registration to correct orchange the name or address of the applicant shall be accompanied by relevantdocumentary evidence of such change.

(3) No application to change the class of goods or services in thespecification shall be allowed.

(4) Before acting on an application to amend an application for registration, the Registrar may require the applicant to furnish such proof as the Registrar thinks fit.

23. (1) Where, pursuant to section 40, a request is made foramendment of an application which has been published and the amendment affectsthe representation of the trade mark or the goods or services covered bythe application, the amendment or a statement of the effect of theamendment shall also be published.

(2) Notice of opposition to the amendment shall be sent to the Registrar onForm TM 4 within one month of the date on which the application as amended waspublished under sub-rule (1), and shall include a statement of the grounds of objection and, in particular, how the amendments would becontrary to subsection (2) of section 40.

(3) The provisions of rule 29 shall apply to proceedings relating to theopposition to the amendment of the application as they apply to proceedingsrelating to opposition to the registration of a trade mark.

24. (1) If, in the course of an examination of an application forregistration, it appears to the Registrar that the requirements for registrationare not met, the Registrar shall give a written notice of this to theapplicant.

(2) If, within 2 months from the date of the written notice of theRegistrar, the applicant fails to —

(c) apply to have the application amended, the Registrar shall refuseto accept the application.

(3) If the applicant requests for a hearing to make representations, theRegistrar shall give notice to the applicant of a date on which he will hear theapplicant’s arguments.

(4) For the purposes of the hearing, the applicant shall file with theRegistrar his written submissions and bundle of authorities at least 14 daysbefore the date of the hearing.

(5) The decision of the Registrar, in respect of the representations of theapplicant given either during the hearing or in writing, shall be communicatedto the applicant in writing or in such other manner as the Registrar thinksfit.

(6) If the applicant objects to the decision of the Registrar, the applicantmay, within one month from the date of the decision, by filing Form TM 3 withthe Registrar, request the Registrar to state the grounds of his decision.

(7) In a case where the Registrar makes any requirements to which theapplicant does not object, the applicant shall comply therewith before theRegistrar issues his decision in writing.

(8) The date on which the decision is sent to the applicant shall be deemedto be the date of the Registrar’s decision for the purpose of anappeal.

25. (1) When the Registrar accepts the application for registration,he shall send to the applicant a notice on Form TM 27.

(3) If the applicant fails to comply with sub-rule (2), he shall be deemedto have withdrawn his application.

26. (1) An application which has been accepted for registration shall be published in the Gazette during such times and in such manner as the Registrar may direct.

(2) In the case of an application with which the Registrar proceeds only after the applicant has lodged the written consent to the proposed registration of the proprietor of, or

the applicant for the registration of, another trade mark, the words “By Consent” and the number of that other mark shall appear in the publication.

27. (1) For the purposes of the publication of an applicationfor registration, the applicant shall, within such time as the Registrardetermines, file with the Registrar —

(a) 3 copies of photograph or artwork (in black and white) of thetrade mark which —

(i) agree in all respects with the representation appearing on the application form; and

(ii) are of such dimensions as may from time to time be approved ordirected by the Registrar; and

(b) such information or other means of publishing the trade marksas may be required by the Registrar.

(2) The Registrar, if dissatisfied with the copies of photograph or artworkfiled by the applicant, may require fresh copies to be filed with him beforeproceeding with the publication.

(3) In the case of an application for registration of a colour mark, theapplicant shall file with the Registrar, in addition to those matters referredto in sub-rule (1), 10 copies of photograph or artwork in colour.

28. (1) When an application for registration relates to a series oftrade marks, the applicant may be required to furnish the copies of photographor artwork in accordance with rule 27 of any or of each of the trade marksconstituting the series.

(2) The Registrar may, if he thinks fit, publish together with thepublication of an application a statement of the manner in respect of which theseveral trade marks differ from one another.

29. (1) Notice of opposition to the registration of a trade markshall be sent to the Registrar on Form TM 4 within 3 months of the date on whichthe application was published under rule 26, and shall include a statement ofthe grounds of opposition; the Registrar shall send a copy of the notice and thestatement to the applicant.

(2) Within 3 months of the date on which a copy of the statement is sent by the Registrar to the applicant, the applicant may file, in conjunction with notice of the same on Form TM 5, a counter-statement; the Registrar shall send a copy of the Form TM 5 and the counter-statement to the person opposing the application.

(3) Within 3 months of the date on which a copy of the counter-statement issent by the Registrar to the person opposing the registration, that person shallfile such evidence by way of statutory declaration or affidavit as he mayconsider necessary to adduce in support of his opposition and shall send a copythereof to the applicant.

(4) If the person opposing the registration files no evidence under sub-rule(3), he shall, unless the Registrar otherwise directs, be deemed to haveabandoned his opposition.

(5) If the person opposing the registration files evidence under sub-rule(3) or the Registrar otherwise directs under sub-rule (4), the applicant shall,within 3 months of the date on which either a copy of the evidence or a copy ofthe direction is sent to the applicant, file such evidence by way of statutorydeclaration or affidavit as he may consider necessary to adduce in support ofhis application, and shall send a copy thereof to the person opposing theapplication.

(6) Within 3 months of the date on which a copy of the applicant’sevidence is sent to him, the person opposing the application may file evidence in reply by statutory declaration or affidavit which shall beconfined to matters strictly in reply to the applicant’s evidence, andshall send a copy thereof to the applicant.

(7) No further evidence may be filed, except that, in relation to anyproceedings before him, the Registrar may at any time if he thinks fit giveleave to either party to file evidence upon such terms as he may think fit.

(8) Where there are exhibits to any evidence filed in an opposition, theparty who is relying on the exhibits in support of his case shall, at therequest of the other party and at that other party’s expense, send a copyof each exhibit to that other party.

(9) If such copy cannot conveniently be furnished, the originals shall befiled with the Registrar in order that they may be open to inspection.

(10) The original exhibits shall be produced at the opposition hearing unless the Registrar otherwise directs.

30. (1) Upon completion of the filing of evidence by the parties, theRegistrar shall give notice to the parties of a date on which he will heararguments on the case.

(2) The parties shall file with the Registrar their written submissions andbundles of authorities at least one month before the date of hearing, and shallat the same time exchange with one another their respective written submissionsand bundles of authorities.

(3) Any party who intends to appear at the hearing shall file with the Registrar Form TM 28 before the hearing.

(4) Any party who does not file with the Registrar Form TM 28, before thehearing may be treated as not desiring to be heard, and the Registrar mayproceed with the hearing in the absence of that party or may, without proceedingwith the hearing, give his decision or dismiss the proceedings, or make suchother order as he thinks fit.

(5) If, after filing with the Registrar Form TM 28, a party does not appearat the hearing, the Registrar may proceed with the hearing in the absence ofthat party, or may, without proceeding with the hearing, give his decision ordismiss the proceedings, or make such other order as he thinks fit.

(6) If neither party appears at the hearing, the proceedings may be struckout of the list except that it may thereafter be restored on the direction ofthe Registrar.

(7) Any decision made by the Registrar pursuant to a hearing in which anyparty does not appear may, on the application of that party, be set aside by theRegistrar on such terms as he thinks fit.

(8) An application under this rule to restore any proceedings or to setaside any decision under sub-rule (6) or (7) shall be made within 7 days afterthe proceedings have been struck out of the list or after the hearing, as thecase may be.

31. (1) When the Registrar has made a decision on the acceptabilityof an application for registration following the procedure under rule 29, heshall send the applicant and the person opposing the application written noticeof it, stating the reasons for his decision.

(2) For the purpose of any appeal against the Registrar’s decision thedate of the decision shall be the date when notice of the decision is sent undersub-rule (1).

32. Where any extension of time is granted to any party, the Registrarmay, if he thinks fit, without giving the party a hearing, grant a reasonableextension of time to the other party in which to take any subsequent step.

33. Where an opposition is uncontested by the applicant, the Registrar, in deciding whether costs should be awarded to the opponent, shallconsider whether proceedings might have been avoided if reasonable notice hadbeen given by the opponent to the applicant before the notice of opposition wasfiled.

34. Upon the registration of a trade mark, the Registrar shall issueto the applicant a certificate of registration on Form TM 31.

35. The register required to be maintained by the Registrar under subsection (1) of section 60 need not be kept in documentary form.

36. In addition to the entries in the register of registered trademarks required to be made by paragraph (a) of subsection (2) of section60, there shall be entered in the register in respect of each trade markregistered therein the following particulars —

(a) the date of registration as determined in accordance withsubsection (3) of section 41 (that is to say, the date of the filing of theapplication for registration);

(b) the actual date of registration (that is to say, the date ofthe entry in the register);

(c) the priority date (if any) to be accorded pursuant to a claim to aright to priority made under subsection (7) of section 36;

(f) any disclaimer or limitation of rights under paragraph (a) or (b) of subsection (1) of section 15;

(g) any memorandum or statement of the effect of any memorandumrelating to a trade mark of which the Registrar has been notified on Form TM16;

(j) where the mark is registered pursuant to subsection (5) of section8 with the consent of the proprietor of an earlier trade mark or other earlierright, that fact.

37. Where the applicant for registration of a trade mark or theproprietor by notice in writing sent to the Registrar —

(a) disclaims any right to the exclusive use of any specifiedelement of the trade mark; or

(b) agrees that the rights conferred by the registration shall besubject to a specified territorial or other limitation,

the Registrar shall make the appropriate entry in the register and publishsuch disclaimer or limitation.

38. (1) The Registrar shall, on a request made on Form TM 13 by theproprietor of a registered trade mark or a licensee or any person having aninterest in or charge on a registered trade mark which has been registered underrule 51, enter any change in his name or address as recorded in theregister.

(2) The Registrar may at any time, on a request made on Form TM 22 by anyperson who has furnished an address for service under rule 9, if the address isrecorded in the register, change that address.

39. If an applicant for the registration of a trade mark dies afterthe date of his application and before the date the trade mark is entered in theregister, the Registrar —

(a) after the expiration of the time referred to in rule 29 to filea notice of opposition (including any extension of such time); or

may, on being satisfied that the applicant is dead, enter in the register, inplace of the name, of the deceased applicant, the name, address and otherparticulars of the person owning the trade mark, on such ownership being provedto the satisfaction of the Registrar.

40. (1) The register shall be open for public inspection at theRegistry during the hours of business of the Registry as published in accordancewith rule 70.

(2) Where any portion of the register is kept otherwise than in documentaryform, the right of inspection is a right to inspect the material on theregister.

41. The register shall supply a certified copy or extract oruncertified copy or extract, as requested on Form TM 21, of any entry in theregister.

42. (1) Where it appears to the Registrar that any matter in theregister has ceased to have effect, before removing it from the register—

(a) he may, where he considers it appropriate, publish hisintention to remove that matter;

(b) where any person appears to him to be effected by the removal,he shall send notice of his intention to that person.

(2) Within 3 months of the date on which his intention to remove the matteris published, or notice of his intention is sent, as the case may be —

(b) the person to whom a notice is sent under sub-rule(1) (b) may file, in writing —

(ii) a request to have his objections heard orally, and where suchopposition or objections are made, rule 29 shall apply.

(3) If the Registrar is satisfied after considering any objections oropposition to the removal that the matter has not ceased to have effect, heshall not remove it.

(4) Where there has been no response to the Registrar’s notice he mayremove the matter; where representations objecting to the removal of the entryhave been made (whether in writing or orally) the Registrar may, if he is of theview after considering the objections that the entry or any part thereof hasceased to have effect, remove it or, as appropriate, the part thereof.

43. A request for information relating to an application forregistration or to a registered trade mark shall be on Form TM 20.

44. Before publications of an application for registration the Registrar shall make available for inspection by the public the applicationand any amendments made to it and any particulars contained in a notice given tothe Registrar under rule 52.

45. (1) Subject to sub-rule (2) and (3), the Registrar shall permitall documents filed or kept at the Registry in relation to a registered mark or, where an application for the registration of a trade mark has been published, in relation to that application, to beinspected.

(2) The Registrar shall not be obliged to permit the inspection ofany such documents as is mentioned in sub-rule (1) until he has completed anyprocedure, or the stage in the procedure which is relevant to the document inquestion, which he is required or permitted to carry out under the Act or theseRules.

(c) any document sent to the Registry, whether at its request orotherwise, for inspection and subsequent return to the sender;

(e) any document issued by the Registry which the Registrar considersshould be treated as confidential;

(f) any document in respect of which the Registrar issues directions under rule 46 that it be treated as confidential.

(4) Nothing in sub-rule (1) shall be construed as imposing on the Registrarany duty of making available for public inspection any document or part of adocument which in his opinion disparages any person in a way likely to damagehim.

(5) No appeal shall lie from a decision of the Registrar under sub-rule (4)not to make any document or part of a document available for publicinspection.

46. (1) Where a document other than a form required by the Registrarand published in accordance with rule 4 is filed at the Registry and the personfiling it requests, at the time of filing or within 14 days of the filing, thatit or a specified part of it be treated as confidential, giving his reasons, theRegistrar may direct that it or part of it, as the case may be, be treated asconfidential, and the document shall not be open to public inspection while thematter is being determined by the Registrar.

(2) Where such direction has been given and not withdrawn, nothing in thisrule shall be taken to authorise or require any person to be allowed to inspectthe document or part of it to which the direction relates except by leave of theRegistrar.

(3) The Registrar shall not withdraw any direction given under this rulewithout prior consultation with the person at whose request the direction wasgiven, unless the Registrar is satisfied that such prior consultation is notreasonably practical.

(4) The Registrar may where he considers that any document issued by theRegistry should be treated as confidential so direct, and upon such directionthat document shall not be open to public inspection except by leave of theRegistrar.

(5) Where a direction is given under this rule for a document to be treatedas confidential a record of the fact shall be filed with the document.

47. At any time not earlier than 6 months nor later than one monthbefore the expiration of the last registration of a trade mark, the Registrarshall (except where renewal has already been effected under rule 49) send to theregistered proprietor notice of the approaching expiration and inform him at thesame time that the registration may be renewed in the manner described in rule48.

48. Renewal of registration shall be effected by filing a request forrenewal on Form TM 7 at any time within the period of 6 months ending on thedate of the expiration of the registration.

49. (1) If on the expiration of the last registration of a trademark, the renewal fee has not been paid, the Registrar shall publish that fact;and if, within 6 months from the date of the expiration of the last registration, the request for renewal is filed on Form TM 7accompanied by the appropriate renewal fee and additional renewal fee, theRegistrar shall renew the registration without removing the mark from theregister.

(2) Where no request for renewal is filed as aforesaid, the Registrar shall,subject to rule 50, remove the mark from the register.

(3) Where, in the case of a mark the registration of which (by reference to the date of application for registration) becomes due for renewal, the mark is registered at any time within 6 months before the date on which renewal is due, the registration may be renewed by the payment of —

(b) the renewal fee and additional renewal fee within the periodcommencing on the date 6 months after the actual date of registration (that isto say, at the end of the period referred to in paragraph (a) and endingon the date 6 months after the due date of renewal),

and, where the fees referred to in paragraph (b) are not paid withinthe period specified in that paragraph the Registrar shall, subject to rule 50,remove the mark from the register.

(4) Where, in the case of a mark the registration of which (by reference tothe date of application for registration) becomes due for renewal, the mark isregistered after the date of renewal, the registration may be renewed by thepayment of the renewal fee within 6 months of the actual date of registration;and where the renewal fee is not paid within that period the Registrar shall,subject to rule 50, remove the mark from the register.

50. (1) Where the Registrar has removed the mark from the registerfor failure to renew its registration in accordance with rule 49, he may, upon arequest filed on Form TM 9 within 6 months of the date of the removal of themark accompanied by the appropriate renewal fee and appropriate restoration fee,restore the mark to the register and renew its registration if, having regard tothe circumstances of the failure to renew, he is satisfied that it is just to doso.

(2) The restoration of the registration shall be published, with the date ofrestoration shown.

51. Upon application made to the Registrar by such person as ismentioned in paragraph

(a) or (b) of subsection (1) of section 26 there shall beentered in the register the following particulars of registrable transactions,that is to say —

(a) in the case of an assignment of a registered trade mark or anyright in it —

(iii) where the assignment is in respect of any right in the mark,a description of the right assigned;

(iv) the duration of the licence if the same is or is ascertainable as adefinite period;

(c) in the case of the grant of any security interest over aregistered trade mark or a right in or under it —

(d) in the case of the making by personal representatives of anassent in relation to a registered trade mark or any right in or under it—

(i) the name and address of the person in whom the mark or any right in orunder it vests by virtue of the assent;

(e) in the case of a court or other competent authority transferring aregistered trade mark or any right in or under it —

(iii) where the transfer is in respect of a right in the mark, a descriptionof the right transferred, and, in each case, there shall be entered the date onwhich the entry is made.

52. (1) An application to register particulars of a transaction towhich section 26 applies or to give notice to the Registrar of particulars of atransaction to which subsection (3) of section 28 applies shall be made, subjectto sub-rule (2) —

(a) relating to an assignment or transaction other than atransaction referred to in sub-paragraphs (b) to (d) , on Form TM11;

(d) relating to the grant, amendment or termination of any security interest, on Form TM 16; and

(e) relating to the making by personal representatives of an assent orto an order of a court or other competent authority, on Form TM 16.

(a) where the transaction is an assignment, be signed by or onbehalf of the parties to the assignment;

(b) where the transaction falls within paragraphs (b) , (c) or (d) of sub-rule (1), be signed by or on behalf of thegrantor of the licence or security interest,

or be accompanied by such documentary evidence as suffices to establish thetransaction.

(3) Where the transaction is effected by an instrument chargeable with duty,the application shall be subject to the Registrar being satisfied that theinstrument has been duly stamped.

(4) Where an application to give notice to the Registrar has been made ofparticulars relating to an application for registration of a trade mark, uponregistration of the trade mark, the Registrar shall enter those particulars inthe register.

53. (1) The proprietor may request the Registrar on Form TM 17 forsuch alteration of his registered mark as is permitted under section 45; and theRegistrar may require such evidence by statutory declaration or otherwise as to the circumstances in which the application is made.

(2) Where, upon the request of the proprietor, the Registrar proposes toallow such alteration, he shall publish the mark as altered.

(3) Any person claiming to be affected by the alteration may within 3 monthsof the date of publication of the alteration under sub-rule (2) send a notice onForm TM 4 to the Registrar of opposition to the alteration and shall include astatement of the grounds of opposition; the Registrar shall send a copy of thenotice and the statement to the proprietor and thereafter the procedure in rules29 to 33 shall apply to the proceedings as they apply to proceedings relating toopposition to an application for registration.

54. (1) Subject to sub-rule (2), the proprietor may surrender aregistered trade mark, by sending a notice to the Registrar —

(a) on Form TM 14 in respect of all the goods or services for whichit is registered; or

(b) on Form TM 15 in respect only of those goods or servicesspecified by him in the notice.

(2) A notice under sub-rule (1) shall be of no effect unless the proprietorin that notice —

(a) gives the name and address of any person having a registeredinterest in the mark; and

(i) has been sent not less than 3 months notice of the proprietor’s intention to surrender the mark; or

(3) The Registrar shall, upon the surrender taking effect, make theappropriate entry in the register and publish the same.

Procedure on application for revocation, declaration of invalidity andrectification of the register.

55. (1) An application to the Registrar for revocation under section47 or declaration of invalidity under section 48 of the registration of a trademark or for the rectification of an error or omission in the register undersection 61 shall be made on Form TM 18 together with a statement of the groundson which the application is made.

(2) Where any application is made under sub-rule (1) by a person other thanthe proprietor of the registered trade mark, the Registrar shall send a copy ofthe application and the statement to the proprietor.

(3) Within 3 months of the date on which the Registrar sends a copy of the application and the statement to the proprietor, the proprietormay file a counter-statement together with Form TM 5 and the Registrar shallsend a copy thereof to the applicant:

Provided that where an application for revocation is based on the ground ofnon-use under paragraph (a) or (b) of subsection (1) of section47, the proprietor shall file (within the period allowed for the filing of anycounter-statement) evidence of the use by him of the mark; and if he fails so tofile evidence the Registrar may treat his opposition to the application ashaving been withdrawn.

(4) Subject to sub-rule (2) and sub-rules (6) and (7), the provisions ofrules 29 to 33 shall apply to proceedings relating to the application as theyapply to opposition proceedings for the registration of a trade mark, save that,in case of an application for revocation on the grounds of non-use underparagraph (a) or (b) of subsection (1) of section 47, theapplication shall be granted where no counter-statement is filed.

(5) Any person, other than the registered proprietor, claiming to have aninterest in proceedings on an application under this rule may file anapplication to the Registrar on Form TM 19 for leave to intervene, stating thenature of his interest and the Registrar may, after hearing the partiesconcerned if so required, refuse such leave or grant leave upon such terms orconditions (including any undertaking as to costs) as he thinks fit.

(6) On an application under this rule, any person granted leave to intervene(the intervener) shall, subject to the terms and conditions imposed in respectof the intervention, be treated as a party for the purposes of the applicationof rule 29 to the proceedings.

(7) When the Registrar has made a decision on the application following any opposition, intervention or proceedings held in accordance withthis rule, he shall send the applicant, the person opposing the application andthe intervener (if any) written notice of it, stating the reasons for his decision; and for the purposes of any appeal against theRegistrar’s decision the date when the notice of the decision is sentshall be taken to be the date of the decision.

56. (1) An application for the registration of a collective orcertification mark shall be filed on Form TM 32 and shall be subject to thepayment of the application fee and such class fee as may be appropriate.

(2) Within 9 months of the date of the application for the registration of acollective or certification mark, the applicant shall file Form TM 23accompanied by a copy of the regulations governing the use of the mark.

(3) Any person may, within 2 months from the date of the publication of an application for registration of a collective mark orcertification mark, give written notice in duplicate to the Registrar in Form TM4 opposing the registration; and rules 29 to 33, with the necessarymodifications, shall apply to the proceedings thereon.

(4) For the purposes of applying rules 29 to 33, Form TM 5 shall be substituted with Form TM 29 and Form TM 28 shall be substituted with Form TM 30.

57. (1) An application for the amendment of the regulations governingthe use of a registered collective or certification mark shall be filed on FormTM 24.

(2) Where it appears expedient to the Registrar that the amended regulationsshould be made available to the public he shall publish a notice indicatingwhere copies of the amended regulations may be inspected.

(3) Any person may, within 3 months of the date of publication of thenotice, file notice on Form TM 4 to the Registrar of opposition to theamendment, accompanied by a statement of the grounds of opposition, indicatingwhy the amended regulations do not comply with the requirements of sub-paragraph(1) of paragraph 5 of the First Schedule of the Act or, as the case may be,sub-paragraph (1) of paragraph 7 of the Second Schedule of the Act.

(4) The Registrar shall send a copy of the notice and the statement to theproprietor and thereafter the procedure in rules 29 to 33 shall apply to theproceedings as they apply to proceedings relating to opposition to anapplication for registration.

58. (1) Without prejudice to any provisions of the Act or these Rulesrequiring the Registrar to hear any party to proceedings under the Act or theseRules, or to give such party an opportunity to be heard, the Registrar shall,before taking any decision on any matter under the Act or these Rules which isor may be adverse to any party to any proceedings before him, give that party anopportunity to be heard.

(2) The Registrar shall give that party at least 14 days notice of the timewhen he may be heard unless that party consents to shorter notice.

(3) The Registrar shall notify that party of his decision made in the exercise of his power.

59. The hearing before the Registrar of any dispute between 2 or moreparties relating to any matter in connection with an application for theregistration of a mark or a registered mark shall be in public unless theRegistrar, after consultation with those parties who appear in person or arerepresented at the hearing, otherwise directs.

60. (1) Where under these Rules evidence may be admitted by theRegistrar in any proceedings before him, it shall be by the filing of astatutory declaration or affidavit.

(2) The Registrar may in any particular case take oral evidence in lieu ofor in addition to such evidence and shall, unless he otherwise directs, allowany witness to be cross-examined on his statutory declaration, affidavit or oralevidence.

61. (1) Any statutory declaration or affidavit filed under the Act orthese Rules shall be made and subscribed as follows —

(a) in Brunei Darussalam, before any justice of peace, or anycommissioner for oaths, or other officer authorised by law in any part of BruneiDarussalam to administer an oath for the purpose of any legal proceedings;

(b) elsewhere, before an Ambassador or a High Commissioner, aconsul or vice-consul or other person performing the functions of a vice-consul of the Government of Brunei Darussalam, or before a notary public,judge or magistrate, or any officer authorised by law to administer an oath forthe purpose of any legal proceedings.

(2) Any document purporting to have affixed, impressed or subscribed theretoor thereon the seal or signature of any person authorised by sub-rule (1) totake a declaration may be admitted by the Registrar without proof of thegenuineness of the seal or signature, or of the official character of the personor his authority to take the declaration.

62. The Registrar may, in any proceedings before him under the Act orthese Rules, by order award to any party such costs as he may considerreasonable, and direct how and by what parties they are to be paid.

63. (1) The Registrar may require any person who is a party in anyproceedings before him under the Act or these Rules to give security for costsin relation to those proceedings; and he may require security for the costs ofany appeal from his decision.

(2) In default of such security being given, the Registrar, in thecase of the proceedings before him, or, in the case of an appeal, may treatthe party in default as having withdrawn his application, opposition, objectionor intervention, as the case may be.

64. (1) When, in any proceedings before him, the Registrar has made a decision following a hearing or, if a hearing has not beenrequested, after considering any submission in writing, he shall send notice ofhis decision in writing to each party to the proceedings, and for the purpose ofany appeal against the Registrar’s decision, subject to sub-rule (2), thedate of the decision shall be the date when the notice is sent.

(2) Where a statement of the reasons for the decision is not included in thenotice sent under sub-rule (1), any party may, within one month of the date onwhich the notice was sent to him, request the Registrar on Form TM 3 to send hima statement of the reasons for the decision and upon such request the Registrarshall send such a statement; and the date on which that statement is sent shallbe deemed to be the date of the Registrar’s decision for the purpose ofany appeal against it.

65. (1) Notice of appeal under section 70 shall be forwarded to theRegistrar within one month of the date of the Registrar’s decision whichis the subject of the appeal accompanied by a statement in writing of theappellant’s grounds of appeal and of his case in support of theappeal.

(2) Within one month, the Registrar shall forward the notice of appeal andthe statement to the court and, where any person other than the appellant was aparty to the proceedings before the Registrar in which the decision appealedagainst was made, to that person.

66. (1) Any irregularity in procedure in or before the Registry orthe Registrar may be rectified, subject to sub-rule (2), on such terms as he maydirect.

(a) which consists of a failure to comply with any limitation as totimes or periods specified in the Act, these Rules or the old law as that lawcontinues to apply and which has occurred or appears to the Registrar as likelyto occur in the absence of a direction under this rule;

(b) which is attributable wholly or in part to an error, default oromission on the part of the Registry or the Registrar; and

the Registrar may direct that the time or period in question shall be alteredin such manner as he may specify.

(3) Sub-rule (2) is without prejudice to the Registrar’s power toextend any time or periods under rule 68.

(a) a general interruption or subsequent dislocation in the postal services of Brunei Darussalam; or

(b) an event or circumstances causing an interruption in the normaloperation of the Registry,

the Registrar may certify the day as being one on which there is an“interruption” and, where any period of time specified in the Act orthese Rules for the giving, making or filing of any notice, application or otherdocument expires on a day so certified the period shall be extended to the firstday next following (not being an excluded day) which is not so certified.

(2) Any certificate of the Registrar given pursuant to this rule shall be posted in the Registry.

(3) If in any particular case the Registrar is satisfied that the failure togive, make or file any notice, application or other document within any periodof time specified in the Act or these Rules for such giving, making or filingwas wholly or mainly attributable to a failure or undue delay in the postalservices in Brunei Darussalam, the Registrar may, if he thinks fit, extend theperiod so that it ends on the day of the receipt by the addressee of the notice,application or other document (or, if the day of such receipt is an excludedday, on the first following day which is not an excluded day), upon such noticeto other parties and upon such terms as he may direct.

(4) In this rule “excluded day” means a day which is not business day of the Registry under the Registrar’s direction pursuant to section 73, as published in accordance with rule 70.

(a) prescribed by these Rules, other than the times or periodsprescribed by the rules mentioned in sub-rule (3); or

may, at the request of the person or party concerned, be extended by theRegistrar as he thinks fit, upon such notice to any other person or partyaffected and upon such terms as he may direct.

(2) A request for the extension of a period prescribed by these Rules whichis filed after the application has been published under rule 26 shall be on FormTM 6 and shall in any other case be on that form if the Registrar sodirects.

(3) The rules excepted from sub-rule (1) are sub-rule (6) of rule 9 (failure to file address for service), rule 21 (deficiencies in application), sub-rule (1) of rule 29 (time for filing opposition), sub-rule (2) of rule 29 (time for filing counter-statement), rule 49 (delayed renewal) and rule 50 (restoration of registration).

(4) Subject to sub-rule (5), a request for extension under sub-rule (1)shall be made before the time or period in question has expired.

(5) Where the request for extension is made after the time or period hasexpired, the Registrar may, at his discretion, extend the period or time if he is satisfied with the explanation for the delay in requestingthe extension and it appears to him that any extension would not disadvantageany other person or party affected by it.

(6) Where the period within which any party to any proceedings before theRegistrar may file evidence under these Rules is to begin upon the expiry of anyperiod in which any other party may file evidence and that other party notifiesthe Registrar that he does not wish to file any, or any further, evidence, theRegistrar may direct that the period within which the first mentioned party mayfile evidence shall begin on such date as may be specified in the direction andshall notify all parties to the dispute of that date.

69. The Registrar may, at his discretion, permit as an alternative tothe sending by post or delivery of the application, notice or other document inlegible form the filing of the application, notice or other document by electronic means subject to such terms or conditions as he may specifyeither generally by published notice or in any particular case by written noticeto the person desiring to file any such documents by such means.

70. Any directions given by the Registrar under section 73 specifyingthe hours of business of the Registry and business days of the Registry shall bepublished and posted in the Registry.

71. (1) No fee need to be paid for filing a request with theRegistrar to alter an address or address for service (as the case may be) if thealteration of the address was made by a public authority and the altered addressdesignates the same premises as before.

(2) A request referred to in sub-rule (1) shall be accompanied by relevant documentary evidence of such alteration by public authority.

72. Where an application for registration of a mark made under the oldlaw is advertised on or after 1st June, 2000, the period within notice ofopposition may be filed shall be 3 months from the date of advertisement, andsuch period shall not be extendible.

73. A notice to the Registrar under sub-paragraph (2) of paragraph 11of the Third Schedule to the Act, claiming to have the registrability of the mark determined in accordance with the provisions of the Act, shallbe in the Form TM 10.

1. Full name and address of the applicant
2. If the applicant is a corporate body, give country or State of Incorporation
3. Representation of mark
4. If the mark is not a word mark or a picture, indicate here (for example 3-dimensional)
5. If the application is for a series of marks, indicate how many marks in the series
6. If the application claims priority, indicate the priority date(s) claimed, the country and the number. Date Country Number	......................................................... ......................................................... .........................................................
7. If colour is claimed, please indicate here and state the colour(s)
8. Indicate any limitations or disclaimers
9. If the mark contains or consists of word(s), provide the derivation of the word(s) and state whether it is invented
10. If the mark contains or consists of non-English word(s) and/or foreign character(s), provide the following details — (a) The ....................................... (specify language) word(s) appearing on the mark is/are ................................... (specify the non-English word(s)) meaning ..............................; (b) The transliteration of the ................................................ (specify language) characters appearing in the mark/of which the marks consist is ...................................................... meaning ..................................................... Attach a certified translation and/or transliteration
11. Name of agent (if appropriate)
12. ‘Address for service’ in Brunei Darussalam to which all the correspondence should be sent [See note (d)]
13. Specification of goods or services If the space provided for the specification of goods or services is insufficient then please continue the list on preprinted continuation sheets. List the classes in consecutive numerical order and list alongside each class the goods or services appropriate to that class

THE TRADE MARK IS BEING USED BY THE APPLICANT OR WITH HISCONSENT, IN RELATION TO THE GOODS OR SERVICES STATED OR THERE IS A BONA FIDE INTENTION THAT IT WILL BE SO USED.

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

(a) If your application for a trade mark is refused you can ask theRegistrar for a statement of grounds of the decision. This must be requestedwithin one month of the date on which the decision was sent to you.

(c) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(e) If your address for service is different from your agent, thenplease give us full details of both.

(f) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

section 39(2) and rule 29(1) section 40(3) and rule 23(2)section 45 and rule 53(3) rule 42(2) (a)

First Schedule paragraph 10 of the Act and rule 56(3) Second Scheduleparagraph 9 of the Act and rule 57(3)

(a) This form is used to notify the Registrar that you want to opposeany of the following —

(4) an amendment to the regulations relating to collective orcertification marks.

(f) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(h) If your address for service is different from your agent, thenplease give us full details of both.

(i) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

(a) This form is used if you want to defend your application against athird party who has lodged either an opposition against yourapplication or an application to revoke, rectify or invalidate yourregistration. (Rule 55 of the Trade Marks Rules).

(b) You must send us details of the grounds for this counter-statementon a separate sheet of paper.

(d) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(f) If your address for service is different from your agent, then pleasegive us full details of both.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

(a) Please sign and return the Form TM 7 with appropriate fee forrenewal of your trade mark.

(b) If you want to renew a multiclass registration you must send a feefor each class of goods or services. You may choose to renew only those classeswhich you retain an interest in.

(c) The request for renewal must be made and the renewal fee paidbefore the expiry of the registration. Failing this if the request is made andthe fee paid within 6 months then the mark may be renewed but an additionalrenewal fee will be payable.

(d) If you have not renewed the registration within the 6 months periodimmediately after expiry (see (c) above) you have a further 6 months in which torequest the restoration of the registration on Form TM 9 and pay the appropriate fee. Applications for restoration will not be accepted if they arereceived by the Registry of Trade Marks more than 12 months after the date ofexpiry. (Rule 50 of the Trade Marks Rules refers).

(g) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(i) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

Reminder:
List on a separate sheet (a) the goods or services (by class number) to be removed to a divisional application, or (b) representations of the marks to be divided.

(a) You may use this form to divide a specification of goods orservices, or on the basis of a geographical limitation or both, or todivide a series of marks. You cannot divide both a specification of goods orservices and series of marks on the same form.

(b) Section 42(1) of the Trade Marks Act allows for the division of an application (rule 15 of the Trade Marks Rules also refers). This may apply, for example, where a multiclass application may not proceed because of objections arising against some of the goods or services covered by the application. In this case, the application could be divided, with part of the application proceeding to registration in respect of those goods or services which do not face objections, whilst the other part is held up until the objections are settled.

(d) If you are dividing a specification of goods or services then theonly fee payable is the division fee.

a fresh application fee for each extra application created; and any classfee if appropriate.

(f) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(h) If your address for service is different from your agent, thenplease give us full details of both.

(i) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

REQUEST FOR THE RESTORATION AND RENEWAL OF A REGISTRATION REMOVED FROM THEREGISTER BECAUSE OF NON-PAYMENT OF THE RENEWAL FEE

Reminder:
You can only apply to restore a registration on this form after 6 months of the mark having expired but not later than 12 months.

(a) If you have not renewed the registration within the 6 months periodafter the date of expiry, you have another 6 months to request the restorationof the registration by filling in Form TM 7 along with this one and sending usthe fees. We will not accept applications to restore the registration after 12months from the date of expiry.

(Section 44 of the Trade Marks Act and rule 50 of the Trade Marks Rulesrefer).

(b) If you want to renew a multiclass registration you must sent a feefor each class of goods or services. You may choose to renew only those classeswhich you retain an interest in.

(d) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(f) If your address for service is different from your agent, then pleasegive us full details of both.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

Notice under Third Schedule, paragraph 11 of the Act: Claim to have registrability of a mark applied for before ................................. determined under the Act (Conversion of application)

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

(a) This form is used to record the details of the transfer of ownership of a Trade Mark (section 26 of the Trade Marks Act refers). The form must be signed by the assignor and the assignee (or his or her representative). It is acceptable for this to be signed in the name of the firm or company. If you cannot do this, you may send us documentary evidence to support this transaction. Any documentary evidence submitted with this form will be open to public inspection.

(b) If no address for service is shown in Part 7, or, if the address forservice is for this transaction only, the existing address for service (if any)will be re-entered on the register.

(c) The declaration, relating to Stamp Duty, at Part 8 must becompleted or proof of payment of the duty must be shown to the Registrar (rule52(3) of the Trade Marks Rules refers).

(d) In order to claim the date the transaction took effect this formmust be filed at the Registry of Trade Marks within 6 months of that date(section 26(4) of the Trade Marks Act refers). If the transaction is notregistered within the 6 months period, the effective date will be recorded asthe actual date of filing the form.

(f) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(h) If your address for service is different from your agent, thenplease give us full details of both.

(i) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

(a) Section 42 of the Trade Marks Act allows the merging of separateapplications or registrations into a single application or registration (rule 16of the Trade Marks Rules also refers). Applications cannot be merged withregistrtations.

(b) Application can be merged at any time before they are accepted foradvertisement and must —

— have the same application date (this is the date of filing, section 41(3) of the Trade Marks Act;

Registered marks can be merged even if the registration dates (this is the date of entry onto the register) are different, but the new mergedregistration will be given the latest filing date.

The renewal date for the merged registration will be the one with thelatest filing date. Renewal fees for all the classes covered by the mergedregistration will be due on this date.

(d) You may want to use this procedure, for example, if an applicationhas been divided or part of a registration was transferred legally to someoneelse but now returned to a single ownership.

(e) You may wish to suggest an amended specification for all the mergedapplications or registrations. The Registry will consider the acceptability of the edited specification.

(g) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(i) If your address for service is different from your agent, then pleasegive us full details of both.

(j) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

1. Give details of the applications or registrations	Number	Class	Licensee numbers (if applicable)
2. Full name and address of the proprietor or the licensee on the record
3. Do you wish to record a change of — (a) name of the proprietor (b) name of the licensee(s) (c) name of person having an interest in the mark (d) address of the proprietor(s) (e) address of the licensee(s) (f) address of the person having an interest in the mark (indicate (a) to (f) as appropriate) For other changes please see Part 5
4. New name or address to be entered on the Register
5. Other amendments — (a) give details of the changes (including if appropriate, specifications) (b) give details if the change is because of a clerical error
6. Name of agent (if appropriate)
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (d)]
	Declaration I declare that there has been no change in the actual proprietorship of the application(s) or registration(s)
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

1. Give details of the registration to be surrendered	Registration Number	Class
2. Full name and address of registered proprietor
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (i)]
3. State whether any licensee(s) or any other person has a registered interest in the registered trade mark. If yes, give details Signature:	Declaration I confirm that there are no parties having a registered interest in the mark or I confirm that those with a registered interest in the mark (see Part 3 above), have been notified 3 months prior to this form being filed, or that they consent to the surrender. Date:
Name (block capitals)
State number of sheets attached to this form

(a) The proprietor of a registered trade mark can surrender their legalrights to all or part of the goods or services for which it is registered.(Section 46 of the Trade Marks Act refers).

(b) This form is used if you are giving up your legal rights to thewhole trade mark registration, and you should use a separate form for each trademark affected.

(c) Do not use this form if you are giving up your legal rights to onlysome of the goods or services. Please use Form TM 15 instead.

(e) You must tell the people that have an interest in your mark thatyou are going to give up your rights in the mark 3 months beforehand, or theyshould consent to this. You also need to attach a list of all the interestedparties to this form. (Section 46 of the Trade Marks Act and rule 54(1)(a) ofthe Trade Marks Rules refer).

(g) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(i) If your address for service is different from your agent, then pleasegive us full details of both.

(j) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

NOTICE OF A PARTIAL SURRENDER OF THE SPECIFICATION OF GOODS OR SERVICESFOR WHICH THE MARK IS REGISTERED

1. Give details of the registration this applies to	Registration Number	Class
2. Full name and address of the registered proprietor
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (j)]
3. Goods or services to be surrendered [see note (f)]
4. Are there any licensees or does any one else have a registered interest in the registration? (if yes write the details on an attached sheet)
Signature:	Declaration I confirm that there are no parties having a registered interest in the mark or I confirm that those with a registered interest in the mark (see Part 4 above), have been notified 3 months prior to this form being filed, or that they consent to the surrender. Date:
Name (block capitals)
State number of sheets attached to this form

(a) The proprietor of a registered trade mark can surrender their legalrights to all or part of the goods or services for which it is registered.(Section 46 of the Trade Marks Act refers).

(b) This form is used if you are giving up your legal rights to onlysome of the goods or service and you should use a separate form for each trademark affected.

(c) Do not use this form if you are giving up your legal rights to allof the goods or services. Please use Form TM 14 instead.

(f) If the goods or services to be surrendered fall in more than one classthey should be listed by class.

(h) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(j) If your address for service is different from your agent, then pleasegive us full details of both.

(k) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

APPLICATION TO RECORD OR CANCEL A REGISTRABLE TRANSACTION OR MEMORANDUMRELATING TO A TRADE MARK OTHER THAN

1. Give details of the registration this will affect	Number Class
2. Full name and address of the grantor
3. Full name and address of the person recorded, or to be recorded, as having an interest in the registered trade marks shown above
‘Address for service’ of person at Part 3 above
4. Details of the registrable transaction to be recorded or cancelled including — (where appropriate) (a) the nature of the interest (whether fixed or floating) (b) the extent of the security and the right in or under the mark secured
Signature of the grantor (or his or her representative) Signature:	Date:
Name (block capitals)
Signature of the person shown at Part 3 (or his or her representative) Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

(a) Section 26 of the Trade Marks Act and rule 52 of the Trade MarksRules allow for a person who claims to have an interest in, (or under) aregistered trade mark to apply to have the details of that claim entered ontothe register. This claim may stem from —

— the person being granted the trade mark as a security interest,or any right in or under it;

— the making by personal representatives of an assent for the trademark, or any right in or under it;

— a court or other competent authority transferring the trade mark,or any right in or under it.

(c) For changes in name and addresses of the person having an interestin the trade mark, please use Form TM 13.

(d) In the case of transferring your legal rights to someone else, please use Form TM 11.

(g) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(i) If your address for service is different from your agent, then pleasegive us full details of both.

(j) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

The Trade Marks Act, section 45 states the Registrar may, at the request of the proprietor, allow the alteration of a registered trademark where the mark includes the proprietor’s name or address and thealteration is limited to alteration of that name or address and does notsubstantially affect the identity of the mark.

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

APPLICATION FOR THE REVOCATION, INVALIDATION OR RECTIFICATION OF AREGISTRATION

1. Give details of the registration this will affect	Number	Class
2. Is this request for — (a) revocation or (b) rectification or (c) declaration of invalidity (indicate as appropriate. You may use this form for more than one category of request)
3. Full name and address of registered proprietor
4. Full name and address of applicant for revocation, rectification or invalidity* (delete where appropriate)
5. Name of agent (if appropriate)
‘Address for service’ of the applicant for revocation/declaration of invalidity/ rectification* [See note (h)] (delete where appropriate)
Attach a statement of grounds on which the application is made
	Declaration I declare that to the best of my knowledge there is no action concerning the registration pending in the Courts
Signature:
Name (block capitals)
State number of sheets attached to this form

(a) This form is used to request the revocation, invalidation or rectification of a registered trade mark.

(b) If proceedings concerning the trade mark are waiting to be dealtwith in court, you must apply to the court.

(c) The Registrar may refer an application for revocation,rectification or declaration of invalidity to the court at any stage.

(d) This form must be accompanied by a statement of the grounds of yourapplication.

(f) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(h) If your address for service is different from your agent, thenplease give us full details of both.

(i) If you need help or have any questions, please contact the Registry ofTrade Marks on 02-244872.

APPLICATION TO INTERVENE IN PROCEEDINGS FOR THE REVOCATION, INVALIDATIONOR RECTIFICATION OF A REGISTRATION

(a) This form is used if you wish to intervene in proceedings for the revocation, rectification or declaration of invalidity of theregistration of a trade mark.

(d) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(e) If your address for service is different from your agent, thenplease give us full details of both.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

(a) Since the Trade Marks Register is a public record, anyone can ask tobe told about any action on any application or registration. The form list thecategories which you can be notified about. This form is not open to public inspection and information is disclosed only to the person filing theform.

(e) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

1. Give details of the applications or registrations which the certificate are for	Number	Class
2. State the number of certified copies required
3. If certificates are for obtaining registration abroad list the countries
4. State any special requirements needed — (a) representation of the mark in colour [see note (c)] (b) details as filed [see note (c)] (c) for use in legal proceedings (d) anything else, please specify (indicate (a) to (d) as appropriate)
5. Full name, address and postcode to which the certificates should be sent
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

(a) This form is used to request a certificate from the Registrarconcerning the details of a trade mark. You might need a certificate to proveyou have made an application or have a registration in Brunei Darussalam or inlegal proceedings.

(b) If you are going to use the certificate for obtaining registrationabroad you must list the country or countries, so that the certificate isprepared in the correct way.

(c) Please provide a copy of the Form TM 1 as originally filed if you require a certificate showing —

(ii) Form TM 1 as filed if the Form TM 1 has subsequently been amendedduring the course of the examination.

(e) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

REQUEST TO APPOINT OR CHANGE AN AGENT OR TO ENTER OR CHANGE AN ADDRESS FORSERVICE

1. Give details of the applications or registrations this will affect	Number(s)	Class	Licensee Numbers
2. Full name of — (a) proprietor (b) opponent (c) licensee (indicate (a) or (b) as appropriate)
3. On behalf of the proprietor, grantor, licensee or opponent we notify you that we are the authorised — (a) agent and address for service or (b) address for service or (c) agent (indicate (a) or (b) as appropriate)
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (f)]
4. New address for service or agent’s details to be recorded
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

(a) This form is used if you want to appoint an agent either for thefirst time or to replace an existing agent recorded against a trade markapplication or registration. You may also use it to enter or change an addressfor service. (Rules 9(3) and 38(2) of the Trade Marks Rules refer).

(b) This form can be used for as many case as you need. You should indicate in Part 1 the registration or application numbers of all the cases affected by these changes.

(d) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(f) If your address for service is different from your agent, then pleasegive us full details of both.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

Under First Schedule paragraph 5 and Second Schedule paragraph 6 of theAct and rule 56(2)

1. Give details of the applications to which the regulations relate	Number	Class
2. Does this request relate to — (a) certification marks (b) collective marks (indicate (a) or (b) as appropriate)
3. Full name of applicant for registration
4. Name of agent (if appropriate)
5. Attached is a copy of the regulation
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (f)]
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

(a) This form is used to file the regulations for a certification or collective mark within 9 months from the date of application (First Schedule paragraph 5, and Second Schedule paragraph 6, of the Trade Marks Act refer).

(b) You should say in Part 2 of the form if the regulations apply tocertification or collective marks. The regulations can refer to a number ofmarks, but they cannot apply to a mixture of both certification and collectivemarks.

(d) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(f) If your address for service is different from your agent, then pleasegive us full details of both.

(g) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

APPLICATION TO AMEND THE REGULATIONS GOVERNING THE USE OF COLLECTIVE ORCERTIFICATION MARKS

Under First Schedule paragraph 10 and Second Schedule paragraph 11 of theAct and rule 57(1)

1. Give details of the application or registration	Number	Class
2. Does this request relate to — (a) certification marks or (b) collective marks (indicate (a) or (b) as appropriate)
3. Does this request relate to — (a) applications or (b) marks already registered (indicate (a) or (b) as appropriate)
4. Details of amendments The amendments required should be shown in red on a copy of the Regulations to be attached to this form
5. Full name and address of applicant
6. Name of agent (if appropriate)
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (d)]
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

1. Give details of the trade marks you want a licensee recorded against	Number	Class
2. Full name and address of the registered proprietor
3. Full name and address of the licensee
4. (a) Date licence starts (b) Date licence ends (if any)
5. Is the licence to be exclusive	Yes/No (Please delete)
6. Is the licensee to be recorded for all goods or services for which the mark is registered/application applied for?	Yes/No (Please delete)
If not, state which specific goods or services or area the licensee is to be recorded against in each case
7. Name of agent (if appropriate)
8. ‘Address for service’ of registered proprietor (Note: The address for service entered here is for the purpose of correspondence concerning this application to register a licensee only)
9. Address for service of licensee (if different from the address for service of registered proprietor)
10. Signature of the registered proprietor or grantor (or his or her representative) Signature:
Name (block capitals)
Date:
11. Signature of the new licensee (or his or her representative) Signature:
Name (block capitals)
Date:
State number of sheets attached to this form

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

1. Give details of the trade marks affected	Number(s)	Class	Licensee number(s)
2. Full name and address of the registered proprietor
3. Full name of the licensee whose licence will be removed or amended
4. Please indicate whether this request is for — (a) removal (b) amendment (Please state the date of filing Form TM 25) If (a) please give details of removal If (b) please give details of amendment
5. Name of agent (if appropriate)
Address for service of the registered proprietor (Note: The address for service entered here is for the purpose of correspondence concerning this application only)
6. Signature of grantor of licence (or his or her representative)
Name (block capitals)
Date:
7. Name of person completing this form (if different from 6 above)
State number of sheets attached to this form

(a) This form is used if an existing record of a licence is to be removed or amended (section 26 of the Trade Marks Act refers).

(b) If you are the licensee you must get either the registered proprietor or the grantor (or the representative) of the trade mark to sign the form.

(c) This form must be signed by the grantor of the licence (or his orher representative). It is acceptable for this to be signed in the name of thefirm or company. If you cannot do this, you may send us documentary evidence tosupport this transaction. Any documentary evidence submitted with this form will be opened to public inspection.

(e) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(g) If your address for service is different from your agent, thenplease give us full details of both.

(h) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

1. Give details of application	Number	Class
2. Description of goods/services
3. Name of applicant
4. Address of applicant
5. Date of application received
6. ‘Address for service’ in Brunei Darussalam to which all the correspondence should be sent
7. Clauses
8. I have read the enclosed instructions and confirm that the particulars are correct .................................................................. (Signature of applicant)	............................................................................. (for Registrar of Trade Marks)

1. Applicant are required to furnish at their own expenses, 3 CLEARPHOTOGRAPHS OR

3 FINISHED ARTWORKS (6cm x 4cm) in black and white of the approved trademark mounted on a white paper or cardboard of post card size, except where themark is a word mark or a convenient number of words in plain block type ofuniform size.

2. The photographs or artworks furnished by the applicants must have theTRADE MARK NUMBER marked at the back.

3. As it is necessary that the photographs or artworks should CORRESPOND EXACTLY (except as regard size) with the one as applied, a representation of the mark is attached herewith for your guidance. This representation should be returned to this office.

4. After advertisement of the Trade Mark, the Photographs or Artworksupplied for such advertisement cannot in any case be returned to applicants,even for temporary use.

5. Applicants should carefully read the particulars entered in the previous page(s) and sign the Form, if those particulars correspond with their claim. This Form, when signed, is to

6. Failure to comply with paragraph 5 will result in the application being deemed withdrawn.

1. Trade Mark Number in respect of which the hearing is being held ................................ Class Number: ....................................
2. Reason for hearing Opposition Revocation of registration Declaration of invalidity of the register Other matters. (Please specify) (please delete as appropriate)
3. I, the ................................................................. (insert status) in the matter indicated at Part 2 above, confirm that the hearing of the Registrar arranged for ............................. (insert time) hours on ..................... (day) ....................... (month) ...................... (year) will be attended by me/us or by some person on my/our behalf.
Signature: Date:
State number of sheets attached to this form

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

1. Give details of the application or registration	Number	Class
2. Full name of applicant or registered proprietor
3. On separate sheet of paper provide the following information — (a) details of the grounds upon which the applicant for registration of the collective or certification marks relies to support his application (b) details of any allegations in the notice of opposition that the applicant is admitting
Signature: Date:
Name (block capitals):
State number of sheets attached to this form

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

NOTICE TO THE REGISTRAR OF ATTENDANCE AT HEARING IN RESPECT OF ACOLLECTIVE OR CERTIFICATION MARK

1. Trade Mark Number in respect of which the hearing is being held ................................ Class Number: ................................
2. Reason for hearing ......................................... Opposition to application for registration ......................................... Opposition to amendment of regulations ......................................... Other matters. (Please specify) (please tick as appropriate)
3. I, the ................................................................. (insert status) in the matter indicated at Part 2 above, confirm that the hearing of the Registrar arranged for ............................. hours (insert time on) ...................... (day) ...................... (month) ...................... (year) will be attended by me/us or by some person on my/our behalf.
Signature: Date:
Name (block capitals)
State number of sheets attached to this form

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

I HEREBY CERTIFY THAT under the provisions of the Trade Marks Act, your namehas been entered in the Register as proprietor of the above numbered Trade Mark as from the .............................. day of..............................., ............................... in Class...................... in respect of the following goods:

Registration of this Trade Mark will expire on the................................................... but may be renewed for afurther period of 10 years and upon the expiration of each succeeding period of10 years.

1. Full name and address of the applicant
2. If the applicant is a corporate body, give country or State of Incorporation
3. This application is for the registration of a — (a) collective mark (b) certification mark
4. Representation of the marks
5. If the mark is not a word mark or a picture, indicate here (for example 3 – dismensional)
6. If the application is for a series of marks indicate how many marks in the series
7. If the application claims priority, indicate the priority date(s) claimed, the country and the number Date: Country: Number:	.......................................... .......................................... ..........................................
8. If colour is claimed, please indicate here and state the colour(s)
9. Indicate any limitations or disclaimers
10. If the mark contains or consists of word(s) provide the derivations of the word(s). If it is invented, state so. If there is a translation, fill in Part 11
11. If the mark contains or consists of non-English word(s) and/or foreign character(s), provide the English translations and/or transliteration as follows — (a) The ........................................... (specify language) word(s) appearing in the mark is/are ............................................................... (specify the non-English word(s)), meaning .................................. (b) The transliteration of the ....................................... (specify language) character(s) ................................... (specify the foreign character(s)) appearing in the mark/of which has .................................. meaning. (Attach a certified translations and/or transliteration)
12. Name of agent (if appropriate)
‘Address for service’ in Brunei Darussalam to whom all the correspondence should be sent [see note (d)]
13. Specifications of goods/services
14. Declaration The mark is used in the course of trade, by the applicant or with his consent, in relation to the goods and services stated, or there is bona fide intention that it will be so used.
Signature: Name (block capitals) : Date:

(b) If there is not enough space for your answer to any section of thisform, use separate sheets. Number each one and write on the form how many extrasheets you have used.

(d) If your address for service is different from your agent, thenplease give us full details of both.

(e) If you need help or have any questions, please contact the Registryof Trade Marks on 02-244872.

Class 1 Chemicals used in industry, science and photocopy, as well asin agriculture, horticulture and forestry; unprocessed artificial resins,unprocessed plastics; manures; fire extinguishing compositions; tempering and soldering preparations; chemical substances for preserving foodstuffs; tanning substances; adhesives used in industry.

Class 2 Paints, varnishes, lacquers; preservatives against rust and against deterioration of wood; colorants, mordants, raw naturalresins; metals in foil and powder form for painters, decorators, printers andartists.

Class 3 Bleaching preparations and other substances for laundry use; cleaning, polishing, scouring and abrasive preparations; soaps; perfumery,essential oils, cosmetics, hair lotions, dentifrices.

Class 4 Industrial oils and greases; lubricants; dust absorbing, wetting and binding compositions; fuels (including motor spirit) and illuminants; candles, wicks.

Class 5 Pharmaceutical, veterinary and sanitary preparations; dietetic substances adapted for medical use, food for babies; plasters,materials for dressings, material for stopping teeth, dental wax; disinfectants; preparations for destroying vermin; fungicides; herbicides.

Class 6 Common metals and their alloys; metal building materials,transportable buildings of metal; materials of metal for railway tracks;non-electric cables and wires of common metal; ironmongery, small items of metalhardware; pipes and tubes of metal; safes; goods of common metal not included inother classes; ores.

Class 7 Machines and machine tools; motors and engines (except forland vehicles); machine coupling and transmission components (except for landvehicles); agricultural implements; incubators for eggs.

Class 8 Hand tools and implements (hand operated); cutlery; side arms;razors.

Class 9 Scientific, nautical, surveying, electric, photographic, cinematographic, optical, weighing, measuring, signalling, checking(supervision), life-saving and teaching apparatus and instruments; apparatus for recording, transmission or reproduction of sound or images;magnetic data carriers, recording discs; automatic vending machines and mechanisms for coin- operated apparatus; cash registers, calculating machines, data processing equipment and computers; fire-extinguishingapparatus.

Class 10 Surgical, medical, dental and veterinary apparatus andinstruments, artificial limbs, eyes and teeth; orthopaedic articles; suturematerials.

Class 11 Apparatus for lighting, heating, steam generating, cooking, refrigerating, drying, ventilating, water supply and sanitarypurposes.

Class 14 Precious metals and their alloys and goods in precious metalsor coated therewith, not included in other classes; jewellery, precious stones; horological and chronometric instruments.

Class 16 Paper, cardboard and goods made from these materials, notincluded in other classes; printed matter; bookbinding material; photographs; stationery; adhesives for stationery or household purposes; artists’ materials; paint brushes; typewriters and office requisites(except furniture); instructional and teaching material (except apparatus);plastic materials for packaging (not included in other classes); playing cards;printers’ type, printing blocks.

Class 17 Rubber, gutta-percha, gum, asbestos, mica and goods made from these materials and not included in other classes; plastics inextruded form for use in manufacture; packing, stopping and insulatingmaterials; flexible pipes, not of metal.

Class 18 Leather and imitations of leather, and goods made of thesematerials and not included in other classes; animal skins, hides; trunks andtravelling bags; umbrellas, parasols and walking sticks; whips, harness andsaddlery.

Class 19 Building materials (non-metallic); non-metallic rigid pipes for building; asphalt, pitch and bitumen; non-metallic transportable buildings; monuments, not of metal.

Class 20 Furniture, mirrors, picture frames; goods (not included inother classes) of wood, cork, reed, cane, wicker, horn, bone, ivory, whalebone,shell, amber, mother-of-pearl, meerschaum and substitutes for all thesematerials, or of plastics.

Class 21 Household or kitchen utensils and containers (not of preciousmetal or coated therewith); combs and sponges; brushes (except paint brushes); brush- making materials; articles for cleaning purposes; steelwool;unworked or semi-worked glass (except glass used in building); glassware,porcelain and earthenware not included in other classes.

Class 22 Ropes, string, nets, tents, awnings, tarpaulins, sails, sacksand bags (not included in other classes); padding and stuffing materials (exceptof rubber or plastics); raw fibrous textile materials.

Class 24 Textiles and textile goods, not included in other classes;bed and table covers.

Class 26 Lace and embroidery, ribbons and braid; buttons, hooks andeyes, pins and needles; artificial flowers.

Class 27 Carpets, rugs, mats and matting, linoleum and other materialsfor covering existing floors; wall hangings (non-textile).

Class 28 Games and playthings; gymnastic and sporting articles notincluded in other classes; decorations for Christmas trees.

Class 29 Meat, fish, poultry and game; meat extracts; preserved, driedand cooked fruits and vegetables; jellies, jams, fruit sauces; eggs, milk and milk products; edible oils and fats.

Class 30 Coffee, tea, cocoa, sugar, rice, tapioca, sago, artificial coffee, flour and preparations made from cereals, bread, pastryand confectionery, ices; honey, treacle, yeast, baking-powder, salt, mustard,vinegar, sauces (condiments); spices; ice.

Class 31 Agricultural, horticultural and forestry products and grainsnot included in other classes; live animals; fresh fruits and vegetables; seeds,natural plants and flowers; foodstuffs for animals, malt.

Class 32 Beers; mineral and aerated waters and other non-alcoholic drinks; fruit drinks and fruit juices; syrups and otherpreparations for making beverages.

Class 35 Advertising; business management; business administration; office functions.

Class 36 Insurance; financial affairs; monetary affairs; real estateaffairs.

Class 41 Education; providing of training, entertainment; sporting and cultural activities.

Class 42 Providing of food and drink; temporary accommodation;medical, hygienic and beauty care; veterinary and agricultural services; legalservices; scientific and industrial research; computer programming.

1. Application to which the request relates	Number	Class
2. Classes to be added to the original application
3. Specification of goods/services for the additional classes List the classes in consecutive numerical order and list alongside each class the goods or services appropriate to that class
Class number	List of goods/services

1. Give details of the application Registration Number Class
2. Full name proprietor and address of registered
3. Due date of renewal
4. Full name and address to which the certificates should be sent
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

1. Give details of the application or registrations for which a change in ownership is to be recorded	Number Class
2. Full name of current applicant/registered proprietor
3. Full name and address of new proprietor
4. If the new proprietor is a corporate body give country and if applicable State of Incorporation
5. Date new proprietor took over ownership
6. If only part of the ownership has been transferred give the rights or goods or services transferred
7. Address for service of subsequent proprietor/applicant for registration* *NOTE: The address for service inserted here is effective only for the purposes of this assignment/ transmission. If the subsequent registered proprietor/ applicant for registration’s address for service for all other matters relating to the registered trade mark/ application (as the case may be) is different from that of the current registered proprietor/applicant for registration, Form TM 22 has to be filed. Please note that original Agent and address for service will be re-entered into our records as soon as this transaction has been completed
8. Please sign and confirm that Stamp Duty • has been paid/is not payable * (delete as appropriate) [see note (c)] Signature:
9. Provide below an authorisation to change the record or send separate documentary evidence [see note (a)] Signature of the registered proprietor (or his or her representative)
Status of Signatory
Name (block capitals)
Date:
Signature of the new proprietor (or his or her representative)
Status of Signatory
Name (block capitals)
State number of sheets attached to this form

Category	You will be notified of:
A	application published or withdrawn, refused or deemed abandoned before publication
B	current or future formal opposition filed against a new trade mark application
C	application registered or withdrawn, refused or abandoned after publication
D	unpaid renewal (registration in additional renewal fee period)
E	registration renewed or expired
F	full surrender or successful revocation resulting in the removal of a mark from the register
G	assignment application received
H	assignment in full or partial assignment

4. Particulars of applicant Name: Address:
5. Name of agent (if appropriate)
6. ‘Address for service’ in Brunei Darussalam to which all correspondence should be sent
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

1. Give details of the application	Number	Class
2. Give the period of further time required in months
3. Give the reasons for this request
4. Full name of requestor
5. Name of agent (if appropriate)
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (d)]
Registry reference
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

1. Give details of the application to be divided	Number	Class
2. Is this request to — (a) divide the specification of goods or services? or (b) divide a series of marks? *tick as appropriate [see note (b)]
3. If this request is to divide an application into more than 2parts, write how many parts you want it divided into
4. Full name and address of applicant
5. Name of agent (if appropriate)
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (h)]
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

1. Give details of the application you made under the Trade Marks Act	Number	Class
2. Full name and address of the applicant
‘Address for service’ in Brunei Darussalam to which all correspondence should be sent [see note (d)]
I claim to have the registrability of the mark determined in accordance with the provisions of the Trade Marks Act. I acknowledge that this notice is irrevocable.
Signature:
Name (block capitals)
State number of sheets attached to this form

3. If your request is for an event not listed in 2, give details here
4. Full name and address to which notifications should be sent
Signature:	Date:
Name (block capitals)
State number of sheets attached to this form

Brunei Legislation

TRADE MARKS ACT (CHAPTER 98) TRADE MARKS RULES