Trade Marks Act · s 36

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36.
Claims to priority
(1) A person who has filed an application for protection of a trade mark in a Paris Convention country, or a World Trade Organisation country, or his successor in title, has a right to priority for the purpose of registering the same trade mark under this Act in respect of any or all of the same goods or services, for a period of 6 months from the date of filing of the first such application.
(2) If the application for registration under this Act is made within that 6 months period —
(a) the relevant date for the purpose of establishing which rights take precedence shall be the date of filing of the first application; and

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(b) the registrability of the trade mark shall not be affected by any use of the mark in Brunei Darussalam in the period between that date and the date of the application for registration under this Act.
(3) Any filing which in a Paris Convention country or a World
Trade Organisation country is equivalent to a regular national filing, under that country’s domestic legislation or an international agreement, shall be treated as giving rise to the right of priority. In this subsection, “regular national filing” means any filing which is adequate to establish the date on which the application was filed in that country, whatever the result of that application.
(4) A subsequent application concerning the same subject as the first application, filed in the same country, shall be considered the first application (of which the filing date is the starting date of the period of priority), if at the time of subsequent application —
(a) the previous application has been withdrawn, abandoned or refused, without having been open to public inspection and without leaving any rights outstanding; and
(b) it had not yet served as a basis for claiming a right of priority.
Such previous application may not thereafter serve as a basis for claiming a right of priority.
(5) Provision may be made by rules as to the manner of claiming a right to priority on the basis of any such application.
(6) A right to priority arising as a result of any such application may be assigned or otherwise transmitted, either with the application or independently; and the reference in subsection (1) to the applicant’s successor in title shall be construed accordingly.
(7) His Majesty the Sultan and Yang Di-Pertuan may by order make provision for conferring on a person who has filed an application for protection of a trade mark in a country or territory in relation to which the
Government has entered into a treaty for the reciprocal protection of trade marks, a right to priority, afford the purpose of registering the same trade mark under this Act for some or all of the same goods or services, for a specified period from the date of filing of that application.

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(8) An order under subsection (7) may make provision corresponding to that made by this section in relation to Paris Convention countries and World Trade Organisation countries or such other provision as appears to His Majesty the Sultan and Yang Di-Pertuan to be appropriate.

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s 36Claims to priority

(1)

A person who has filed an application for protection of a trade mark in a Paris Convention country, or a World Trade Organisation country, or his successor in title, has a right to priority for the purpose of registering the same trade mark under this Act in respect of any or all of the same goods or services, for a period of 6 months from the date of filing of the first such application.

(2)

If the application for registration under this Act is made within that 6 months period —

(a)

the relevant date for the purpose of establishing which rights take precedence shall be the date of filing of the first application; and

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(b)

the registrability of the trade mark shall not be affected by any use of the mark in Brunei Darussalam in the period between that date and the date of the application for registration under this Act.

(3)

Any filing which in a Paris Convention country or a World

Trade Organisation country is equivalent to a regular national filing, under that country’s domestic legislation or an international agreement, shall be treated as giving rise to the right of priority. In this subsection, “regular national filing” means any filing which is adequate to establish the date on which the application was filed in that country, whatever the result of that application.

(4)

A subsequent application concerning the same subject as the first application, filed in the same country, shall be considered the first application (of which the filing date is the starting date of the period of priority), if at the time of subsequent application —

(a)

the previous application has been withdrawn, abandoned or refused, without having been open to public inspection and without leaving any rights outstanding; and

(b)

it had not yet served as a basis for claiming a right of priority.

Such previous application may not thereafter serve as a basis for claiming a right of priority.

(5)

Provision may be made by rules as to the manner of claiming a right to priority on the basis of any such application.

(6)

A right to priority arising as a result of any such application may be assigned or otherwise transmitted, either with the application or independently; and the reference in subsection (1) to the applicant’s successor in title shall be construed accordingly.

(7)

His Majesty the Sultan and Yang Di-Pertuan may by order make provision for conferring on a person who has filed an application for protection of a trade mark in a country or territory in relation to which the

Government has entered into a treaty for the reciprocal protection of trade marks, a right to priority, afford the purpose of registering the same trade mark under this Act for some or all of the same goods or services, for a specified period from the date of filing of that application.

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(8)

An order under subsection (7) may make provision corresponding to that made by this section in relation to Paris Convention countries and World Trade Organisation countries or such other provision as appears to His Majesty the Sultan and Yang Di-Pertuan to be appropriate.