On 06 October 2016, Brunei Darussalam deposited with the Director General of WIPO its instrument of accession to the Madrid Protocol for the International Registration of Marks. The Madrid Protocol will thus enter into force with respect to Brunei on 06 January 2017.

Brunei is the 98th member of the Madrid system and the latest of the ASEAN countries to join. Currently, the other ASEAN members are Cambodia, Laos, the Philippines, Singapore and Vietnam. The Madrid system covers 114 territories and its members represent more than 80% of world trade. The system presents a unique opportunity for rights owners to streamline the filing, registration and renewal of their trade marks in multiple countries worldwide.

From 06 January 2017 onwards, local brand owners in Brunei can start filing international applications for the registration of their marks in any of the other member countries. Equally, qualifying foreign trade mark owners will be able to designate Brunei in their international applications.

Brunei has made the declaration referred to in Article 5(2)(b) and (c) of the Madrid Protocol. Under this provision, the time limit to notify a provisional refusal of protection is extended to 18 months, and a provisional refusal resulting from an opposition may be notified after the expiry of the 18-month time limit.

Please do not to hesitate to contact the Trade Mark team in our Malaysian office for further information.