Trade Marks Act · 2022 Revised Edition · Part 1
47. Revocation of registration
Official textFrom Attorney General's Chambers, unchanged
The registration of a trade mark may be revoked on any of the following grounds —
registration
“registration” means, unless the context otherwise requires, registration in the register;
that within the period of 5 years following the date of completion of the registration procedure it has not been put to genuine use in Brunei Darussalam, by the proprietor or with his
Trade Marks consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non-use;
that such use has been suspended for an uninterrupted period of 5 years, and there are no proper reasons for non-use;
that, in consequence of acts or inactivity of the proprietor, it has become the common name in the trade for a product or service for which it is registered;
that, in consequence of the use made of it by the proprietor or with his consent in relation to the goods or services for which it is registered, it is liable to mislead the public.
For the purpose of subsection (1), use of a trade mark includes use in a form differing in elements which do not alter the distinctive character of the mark in the form in which it was registered, and use in
Brunei Darussalam includes affixing the trade mark to goods or to the packaging of goods in Brunei Darussalam solely for export purposes.
The registration of a trade mark shall not be revoked on the grounds mentioned in subsection (1)(a) or (b) if such use as is referred to in either of those paragraphs was commenced or resumed after the expiry of the 5 years period and before the application for revocation was made:
Provided that any such commencement or resumption of use after the expiry of the 5 years period, but within the period of 3 months before the making of the application, shall be disregarded unless preparations for the commencement or resumption began before the proprietor became aware that the application might be made.
An application for revocation may be made by any person, and may be made either to the Registrar or to the court, except that —
Registrar
“Registrar” means the Registrar of Trade Marks appointed under section 3;
if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and
if in any other case the application is made to the Registrar, he may at any stage of the proceedings refer the application to the court.
Trade Marks 46
Where grounds for revocation exist in respect of only some of the goods or services for which the trade mark is registered, revocation shall relate to those goods or services only.
Where the registration of a trade mark is revoked to any extent, the rights of the proprietor are deemed to have ceased to that extent as from —
the date of the application for revocation; or
if the Registrar or court is satisfied that the grounds for revocation existed at an earlier date, that date.
Terms defined in s 2
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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