Trade Marks Act · s 97

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97.
Falsely representing trade mark as registered
(1) Any person who makes a representation —
(a) with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark;
(b) with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is so registered;
(c) to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not registered; or
(d) to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right, is guilty of an offence and liable on conviction to a fine not exceeding $10,000.
(2) For the purpose of this section, the use in Brunei Darussalam in relation to a trade mark of the word “registered”, or of any other word referring whether expressly or impliedly to registration, is deemed to import a reference to registration in the register, except —
(a) where that word is used in physical association with other words delineated in characters at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of any country other than Brunei

Trade Marks

Darussalam, being a country under the law of which the registration referred to is in fact in force;
(b) where that word (being a word other than the word
“registered”) is of itself such as to indicate that the reference is to such registration; or
(c) where that word is used in relation to a mark registered as a trade mark under the law of any country other than
Brunei Darussalam and in relation to goods to be exported to that country or to services for use in that country.

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s 97Falsely representing trade mark as registered

(1)

Any person who makes a representation —

(a)

with respect to a mark, not being a registered trade mark, to the effect that it is a registered trade mark;

(b)

with respect to a part of a registered trade mark, not being a part separately registered as a trade mark, to the effect that it is so registered;

(c)

to the effect that a registered trade mark is registered in respect of any goods or services in respect of which it is not registered; or

(d)

to the effect that the registration of a trade mark gives an exclusive right to the use thereof in any circumstances in which, having regard to limitations entered on the register, the registration does not give that right, is guilty of an offence and liable on conviction to a fine not exceeding $10,000.

(2)

For the purpose of this section, the use in Brunei Darussalam in relation to a trade mark of the word “registered”, or of any other word referring whether expressly or impliedly to registration, is deemed to import a reference to registration in the register, except —

(a)

where that word is used in physical association with other words delineated in characters at least as large as those in which that word is delineated and indicating that the reference is to registration as a trade mark under the law of any country other than Brunei

Trade Marks

Darussalam, being a country under the law of which the registration referred to is in fact in force;

(b)

where that word (being a word other than the word

“registered”) is of itself such as to indicate that the reference is to such registration; or

(c)

where that word is used in relation to a mark registered as a trade mark under the law of any country other than

Brunei Darussalam and in relation to goods to be exported to that country or to services for use in that country.