Trade Marks Act · 2022 Revised Edition · Part 1
10. Raising of relative grounds in case of honest concurrent use
Official textFrom Attorney General's Chambers, unchanged
This section applies where, on an application for the registration of a trade mark, it appears to the Registrar —
registration
“registration” means, unless the context otherwise requires, registration in the register;
that there is an earlier trade mark in relation to which the conditions set out in section 8(1), (2) or (3) apply; or
earlier trade mark
“earlier trade mark” has the same meaning as in section 9(1);
that there is an earlier right in relation to which the condition set out in section 8(4) is satisfied, but the applicant shows to the satisfaction of the Registrar that there has been honest concurrent use of the trade mark for which registration is sought.
earlier right
“earlier right”, in relation to a trade mark, means the right of the proprietor under section 8(4)(b) to prevent the use of that mark;
In that case, the Registrar shall not refuse the application by reason of the earlier trade mark or other earlier right unless objection on that ground is raised in opposition proceedings by the proprietor of that earlier trade mark or other earlier right.
Registrar
“Registrar” means the Registrar of Trade Marks appointed under section 3;
For the purpose of this section, “honest concurrent use” means such use in Brunei Darussalam, by the applicant or with his consent, as would formerly have amounted to honest concurrent use for the purpose of section 33 of the repealed Act.
Trade Marks
Nothing in this section affects —
the refusal of registration on the grounds mentioned in section 6; or
the making of an application for a declaration of invalidity under section 48(2).
This section does not apply when there is an order in force under section 11.
Terms defined in s 2
earlier right
Defined · s 2“earlier right”, in relation to a trade mark, means the right of the proprietor under section 8(4)(b) to prevent the use of that mark;
earlier trade mark
Defined · s 2“earlier trade mark” has the same meaning as in section 9(1);
Registrar
Defined · s 2“Registrar” means the Registrar of Trade Marks appointed under section 3;
registration
Defined · s 2“registration” means, unless the context otherwise requires, registration in the register;
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Proceedings Relating to Importation of Infringing Goods
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