Section 21
Section 21
(1)
Where infringing goods, infringing material or infringing articles have been delivered up in pursuance of an order under section 18, an application may be made to the court —
(a)
for an order that they be destroyed or forfeited to such person as the court may think fit; or
(b)
for a decision that no such order should be made.
(2)
In considering what order (if any) should be made, the court shall consider whether other remedies available in an action for infringement of the registered trade mark would be adequate to compensate the proprietor and any licensee and protect their interests.
(3)
Provision may be made by rules of court as to the service of notice on persons having an interest in the goods, material or articles, and any such person is entitled —
(a)
to appear in proceedings for an order under this section, whether or not he was served with notice; and
(b)
to appeal against any order made, whether or not he appeared, and an order shall not take effect until the end of the period within which notice of an appeal may be given or, if before the end of that period notice of appeal has been given, until the final determination or abandonment of the proceedings on the appeal.
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(4)
Where there is more than one person interested in the goods, material or articles, the court shall make such order as it thinks just.
(5)
If the court decides that no order should be made under this section, the person in whose possession, custody or control the goods, material or articles were before being delivered up is entitled to their return.
(6)
References in this section to a person having an interest in goods, material or articles include any person in whose favour an order could be made under this section or under any law which makes similar provision in relation to the infringement of copyright, rights in performances or registered designs.
Remedy for groundless threats of infringement proceedings 22.
(1)
Where a person threatens another with proceedings for infringement of a registered trade mark other than —
(a)
the application of the mark to goods or their packaging;
(b)
the importation of goods to which, or to the packaging of which, the mark has been applied; or
(c)
the supply of services under the mark, any person aggrieved may bring proceedings for relief under this section.
(2)
The relief which may be applied for is any of the following —
(a)
a declaration that the threats are unjustifiable;
(b)
an injunction against the continuance of the threats;
(c)
damages in respect of any loss the person aggrieved has sustained by the threats, and he is entitled to such relief unless the defendant shows that the acts in respect of which proceedings were threatened constitute (or if done would constitute) an infringement of the registered trade mark.
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(3)
If that is shown by the defendant, the person aggrieved is nevertheless entitled to relief if he shows that the registration of the trade mark is invalid or liable to be revoked in a relevant respect.
(4)
The mere notification that a trade mark is registered, or that an application for registration has been made, does not constitute a threat of proceedings for the purpose of this section.
Registered trade mark as object of property
Nature of registered trade mark 23.
A registered trade mark is property within the meaning of paragraph (a) of the definition of “property” in section 3(1) of the
Interpretation and General Clauses Act (Chapter 4).
Co-ownership of registered trade mark 24.
(1)
Where a registered trade mark is granted to two or more persons jointly, each of them is entitled, subject to any agreement to the contrary, to an equal undivided share in the registered trade mark.
(2)
The following provisions apply where two or more persons are co-proprietors of a registered trade mark, whether by virtue of subsection (1)
or otherwise.
(3)
Subject to any agreement to the contrary, each co-proprietor is entitled, by himself or his agents, to do for his own benefit and without the consent of or the need to account to the other or others, any act which would otherwise amount to an infringement of the registered trade mark.
(4)
One co-proprietor may not without the consent of the other or others —
(a)
grant a licence to use the registered trade mark; or
(b)
assign or charge his share in the registered trade mark.
(5)
Infringement proceedings may be brought by any co-proprietor, but he may not, without the leave of the court, proceed with the action unless the other, or each of the others, is either joined as a plaintiff or added as a defendant. A co-proprietor who is added as a defendant shall not be made
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liable for any costs in the action unless he has taken part in the proceedings.
Nothing in this subsection affects the granting of interlocutory relief on the application of a single co-proprietor.
(6)
Nothing in this section affects the mutual rights and obligations of trustees or personal representatives, or their rights and obligations as such.
Assignment etc. of registered trade mark 25.
(1)
A registered trade mark is, subject to this Act, transmissible by assignment or transfer in the same way as other property. It is so transmissible either in connection with the goodwill of a business or independently.
(2)
An assignment or transfer of a registered trade mark may be limited so as to apply —
(a)
in relation to some but not all of the goods or services for which the trade mark is registered; or
(b)
in relation to use of the trade mark in a particular manner or a particular locality.
(3)
An assignment of a registered trade mark is not effective unless it is in writing and signed by or on behalf of the assignor.
(4)
Subsections (1), (2) and (3) apply to an assignment by way of security as in relation to any other assignment.
(5)
A registered trade mark may be the subject of a charge in the same way as other property.
(6)
Nothing in this Act shall be construed as affecting the assignment or transfer of an unregistered trade mark as part of the goodwill of a business.
Registration of transactions affecting registered trade mark 26.
(1)
On application being made to the Registrar by —
(a)
a person claiming to be entitled to an interest in or under a registered trade mark by virtue of a registrable transaction; or
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(b)
any other person claiming to be affected by such a transaction, the prescribed particulars of the transaction shall be entered in the register.
(2)
The following are registrable transactions —
(a)
an assignment of a registered trade mark or any right in it;
(b)
the grant of a licence under a registered trade mark;
(c)
the granting of any interest by way of security (whether fixed or floating) over a registered trade mark or any right in or under it;
(d)
the making by a personal representative of an assignment in relation to a registered trade mark or any right in or under it;
(e)
an order of a court transferring a registered trade mark or any right in or under it.
(3)
Until an application has been made for registration of the prescribed particulars of a registrable transaction —
(a)
the transaction is ineffective as against a person acquiring a conflicting interest in or under the registered trade mark in ignorance of it; and
(b)
a person claiming to be a licensee by virtue of the transaction does not have the protection of sections 31 and 32.
(4)
Where a person becomes the proprietor or a licensee of a registered trade mark by virtue of a registrable transaction, then unless —
(a)
an application for registration of the prescribed particulars of the transaction is made before the end of the period of 6 months beginning with its date; or
(b)
the court is satisfied that it was not practicable for such an application to be made before the end of that period and that an application was made as soon as practicable thereafter,
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he is not entitled to damages or an account of profits in respect of any infringement of the registered trade mark occurring after the date of the transaction and before the prescribed particulars of the transaction were registered.
(5)
Provision may be made by rules as to —
(a)
the amendment of registered particulars relating to a licence so as to reflect any alteration of the terms of the licence;
(b)
the removal of such particulars from the register —
(i)
where it appears from the registered particulars that the licence was granted for a fixed period and that period has expired; or
(ii)
where no such period is indicated and, after such period as may be prescribed, the Registrar has notified the parties of his intention to remove the particulars from the register;
(c)
the amendment or removal from the register of particulars relating to an interest by way of security on the application of, or with the consent of, the person entitled to the benefit of that interest.
Trusts and equities 27.
(1)
No notice of any trust (express, implied or constructive) shall be entered in the register; and the Registrar shall not be affected by any such notice.
(2)
Subject to this Act, equities in respect of a registered trade mark may be enforced in like manner as in respect of other property.
Applications for registration of trade mark as object of property 28.
(1)
Sections 23 to 27 apply, with the necessary modifications, in relation to an application for the registration of a trade mark as in relation to a registered trade mark.
(2)
In section 24, as it applies in relation to an application for registration, the reference in subsection (1) to the granting of the registration shall be construed as a reference to the making of the application.
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(3)
In section 26, as it applies in relation to a transaction affecting an application for the registration of a trade mark, the references to the entry of particulars in the register, and to the making of an application to register particulars, shall be construed as references to the giving of notice to the
Registrar of those particulars.
Licensing
Licensing of registered trade mark 29.
(1)
A licence to use a registered trade mark may be general or limited. A limited licence may apply —
(a)
in relation to some but not all of the goods or services for which the trade mark is registered; or
(b)
in relation to use of the trade mark in a particular manner or a particular locality.
(2)
A licence is not effective unless it is in writing and signed by or on behalf of the grantor. This requirement may be satisfied in a case where the grantor is a body corporate by the affixing of its seal.
(3)
Unless the licence provides otherwise, it is binding on a successor in title to the grantor’s interest, and references in this Act to doing anything with, or without, the consent of the proprietor of a registered trade mark shall be construed accordingly.
(4)
Where the licence so provides, a sub-licence may be granted by the licensee; and references in this Act to a licence or licensee include a sub-licence or sub-licensee.
Exclusive licences 30.
(1)
In this Act, “exclusive licence” means a licence (whether general or limited) authorising the licensee to the exclusion of all other persons, including the person granting the licence, to use a registered trade mark in the manner authorised by the licence.
(2)
An exclusive licensee has the same rights against a successor in title who is bound by the licence as he has against the person granting the licence.
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Rights of licensee in case of infringement 31.
(1)
This section has effect with respect to the rights of a licensee in relation to infringement of a registered trade mark, but does not apply where or to the extent that, under section 32(1), the licensee has a right to bring proceedings in his own name.
(2)
A licensee is entitled, unless his licence or any licence through which his interest is derived provides otherwise, to call on the proprietor of the registered trade mark to take infringement proceedings in respect of any matter which affects his interests.
(3)
If the proprietor —
(a)
refuses to do so; or
(b)
fails to do so within 2 months after being called upon, the licensee may bring the proceedings in his own name as if he were the proprietor.
(4)
Where infringement proceedings are brought by a licensee under this section, the licensee may not, without the leave of the court, proceed with the action unless the proprietor is either joined as a plaintiff or added as a defendant. Nothing in this subsection affects the granting of interlocutory relief on the application of a licensee alone.
(5)
A proprietor who is added as a defendant under subsection (4)
shall not be made liable for any costs in the action unless he has taken part in the proceedings.
(6)
In infringement proceedings brought by the proprietor of a registered trade mark, any loss suffered or likely to be suffered by any licensee shall be taken into account; and the court may give such directions as it thinks fit as to the extent to which the plaintiff is to hold the proceeds of any pecuniary remedy on behalf of such licensee.
(7)
This section applies in relation to an exclusive licensee if or to the extent that he has, under section 32(1), the rights and remedies of an assignee as if he were the proprietor of the registered trade mark.
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Rights of exclusive licensee 32.
(1)
An exclusive licence may provide that the licensee shall have, to such extent as may be provided by the licence, the same rights in respect of matters occurring after the grant of the licence as if the licence had been an assignment. Where or to the extent that any such provision is made, the licensee is entitled, subject to the provisions of the licence and to subsections (2) to (8), to bring infringement proceedings against any person other than the proprietor in his own name.
(2)
Any such rights of an exclusive licensee are concurrent with those of the proprietor of the registered trade mark; and references to the proprietor of a registered trade mark in this Act relating to infringement shall be construed accordingly.
(3)
In an action brought by an exclusive licensee under this section, a defendant may avail himself of any defence which would have been available to him if the action had been brought by the proprietor of the registered trade mark.
(4)
Where infringement proceedings brought by the proprietor or an exclusive licensee relate wholly or partly to an infringement in respect of which they have concurrent rights of action, the proprietor or, as the case may be, the exclusive licensee may not, without the leave of the court, proceed with the action unless the other of them has either been joined as a plaintiff or added as a defendant. Nothing in this subsection affects the granting of interlocutory relief on the application of a proprietor or exclusive licensee alone.
(5)
A person who is added as a defendant under subsection (4) shall not be made liable for any costs in the action unless he has taken part in the proceedings.
(6)
Where infringement proceedings are brought which relate wholly or partly to an infringement in respect of which the proprietor and an exclusive licensee have or had concurrent rights of action —
(a)
the court shall in assessing damages take into account —
(i)
the terms of the licence; and
(ii)
any pecuniary remedy already awarded or available to either of them in respect of the infringement;
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(b)
no account of profits shall be directed if an award of damages has been made, or an account of profits has been directed, in favour of the other of them in respect of the infringement; and
(c)
the court shall, if an account of profits is directed, apportion the profits between them as the court considers just, subject to any agreement between them.
This subsection applies whether or not the proprietor and the exclusive licensee are both parties to the action; and if they are not both parties the court may give such directions as it thinks fit as to the extent to which the party to the proceedings is to hold the proceeds of any pecuniary remedy on behalf of the other.
(7)
The proprietor of a registered trade mark shall notify any exclusive licensee who has a concurrent right of action before applying for an order under section 18; and the court may on the application of the licensee make such order under that section as it thinks fit having regard to the terms of the licence.
(8)
Subsections (4) to (7) have effect subject to any agreement to the contrary between the exclusive licensee and the proprietor.
Application for registered trade mark
Application for registration 33.
(1)
An application for registration of a trade mark shall be made to the Registrar.
(2)
The application shall contain —
(a)
a request for registration of the trade mark;
(b)
the name and address of the applicant;
(c)
a statement of the goods or services in relation to which it is sought to register the trade mark; and
(d)
a representation of the trade mark.
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(3)
The application shall state that the trade mark is being used, by the applicant or with his consent, in relation to those goods or services, or that he has a bona fide intention that it should be so used.
(4)
The application shall be subject to the payment of the application fee and such classification fees as may be appropriate.
Date of filing 34.
(1)
The date of filing of an application for registration of a trade mark is the date on which documents containing everything required by section 33(2) are furnished to the Registrar by the applicant. If the documents are furnished on different days, the date of filing is the last of those days.
(2)
References in this Act to the date of application for registration are to the date of filing of that application.
Classification of trade marks 35.
(1)
Goods and services shall be classified for the purpose of the registration of trade marks according to a prescribed system of classification.
(2)
Any question arising as to the class within which any goods or services fall shall be determined by the Registrar, whose decision shall be final.
Priority
Claims to priority 36.
(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.
Temporary protection 37.
(1)
The applicant for registration of a mark who has at an international exhibition falling within the terms of the Convention relating to
International Exhibitions signed in Paris on 22nd November 1928, as revised or amended, exhibited goods bearing that mark or services rendered under that mark, and who has applied for registration of that mark within 6 months from the day on which the goods bearing that mark or those services were first so exhibited shall, on his request, be deemed to have applied for registration on that day.
(2)
Evidence of the exhibition of such goods or services shall be given by a certificate issued by the competent authority of the exhibition, stating the date on which the mark was first used in connection with those goods or services.
(3)
This section does not extend any other priority claimed by the applicant.
Registration procedure
Examination of application 38.
(1)
The Registrar shall examine whether an application for registration of a trade mark satisfies the requirements of this Act, including any requirements imposed by rules.
(2)
For that purpose he shall carry out a search, to such extent as he considers necessary, of earlier trade marks.
(3)
If it appears to the Registrar that the requirements for registration have not been met, he shall inform the applicant and give him an opportunity, within such period as the Registrar may specify, to make representations or to amend the application.
(4)
If the applicant fails to satisfy the Registrar that those requirements have been met, or to amend the application so as to meet them,
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or fails to respond before the end of the specified period, the Registrar shall refuse to accept the application.
(5)
If it appears to the Registrar that the requirements for registration have been met, he shall accept the application.
Publication and opposition proceedings 39.
(1)
When an application for registration has been accepted, the
Registrar shall cause the application to be published in the prescribed manner.
(2)
Any person may, within the prescribed time from the date of publication of the application, give written notice to the Registrar of opposition to the registration. The notice shall be given in the prescribed manner, and shall include a statement of the grounds of opposition.
Withdrawal, restriction or amendment of application 40.
(1)
The applicant may at any time withdraw his application or restrict the goods or services covered by the application. If the application has been published, the withdrawal or restriction shall also be published.
(2)
In other respects, an application may be amended, at the request of the applicant, only by correcting —
(a)
the name or address of the applicant;
(b)
errors of wording or of copying; or
(c)
obvious mistakes, and then only where the correction does not substantially affect the identity of the trade mark or extend the goods or services covered by the application.
(3)
Provision may be made by rules for the publication of any amendment which affects the representation of the trade mark, or the goods or services covered by the application, and for the making of objections by any person claiming to be affected by it.
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Registration 41.
(1)
Where an application has been accepted under section 38(5)
and —
(a)
no notice of opposition has been given within the period referred to in section 39(2); or
(b)
all opposition proceedings have been withdrawn or decided in favour of the applicant, the Registrar shall register the trade mark, unless it appears to him, having regard to matters coming to his notice since he accepted the application, that it was accepted in error.
(2)
A trade mark shall not be registered unless any fee prescribed for the registration is paid within the prescribed period. If the fee is not paid within that period, the application is deemed to have been withdrawn.
(3)
A trade mark when registered shall be registered as at the date of filing of the application for registration; and that date is deemed for the purposes of this Act to be the date of registration.
(4)
On the registration of a trade mark, the Registrar shall publish the registration in the prescribed manner and issue to the applicant a certificate of registration.
Registration: supplementary provisions 42.
(1)
Provision may be made by rules as to —
(a)
the division of an application for the registration of a trade mark into several applications;
(b)
the merging of separate applications or registrations;
(c)
the registration of a series of trade marks.
(2)
In subsection (1)(c), a series of trade marks means a number of trade marks which resemble each other as to their material particulars and differ only as to matters of a non-distinctive character not substantially affecting the identity of the trade mark.
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(3)
Rules under this section may include provision as to —
(a)
the circumstances in which, and conditions subject to which, the division, merger or registration of a series is permitted;
and
(b)
the purposes for which an application to which the rules apply is to be treated as a single application and those for which it is to be treated as a number of separate applications.
Duration, renewal and alteration of registered trade mark
Duration of registration 43.
(1)
A trade mark shall be registered for a period of 10 years from the date of registration.
(2)
Registration may be renewed in accordance with section 44 for further periods each of 10 years.
Renewal of registration 44.
(1)
The registration of a trade mark may be renewed at the request of the proprietor, subject to payment of a renewal fee.
(2)
Provision may be made by rules for the Registrar to inform the proprietor of a registered trade mark, before the expiry of the registration, of the date of expiry and the manner in which the registration may be renewed.
(3)
A request for renewal must be made, and the renewal fee paid, before the expiry of the registration. Failing this, the request may be made and the fee paid within such further period of not less than 6 months as may be prescribed, in which case an additional renewal fee must also be paid within that period.
(4)
Renewal shall take effect from the expiry of the previous registration.
(5)
If the registration is not renewed in accordance with this section, the Registrar shall remove the trade mark from the register. Provision may be made by rules for the restoration of the registration of a trade mark which has
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been removed from the register, subject to such conditions (if any) as may be prescribed.
(6)
The renewal or restoration of the registration of a trade mark shall be published in the prescribed manner.
Alteration of registered trade mark 45.
(1)
Subject to subsection (2), a registered trade mark shall not be altered in the register during the period of registration or on renewal.
(2)
The Registrar may, on the application of the proprietor, allow the alteration of a registered trade mark where the mark includes the proprietor’s name or address and the alteration is limited to alteration of that name or address and does not substantially affect the identity of the mark.
(3)
Provision shall be made by rules for the publication of any such alteration and the making of objections by any person claiming to be affected by it.
Surrender, revocation and invalidity
Surrender of registered trade mark 46.
(1)
A registered trade mark may be surrendered by the proprietor in respect of some or all of the goods or services for which it is registered.
(2)
Provision may be made by rules —
(a)
as to the manner and effect of a surrender; and
(b)
for protecting the interests of other persons having a right in the registered trade mark.
Revocation of registration 47.
(1)
The registration of a trade mark may be revoked on any of the following grounds —
(a)
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
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consent, in relation to the goods or services for which it is registered, and there are no proper reasons for non-use;
(b)
that such use has been suspended for an uninterrupted period of 5 years, and there are no proper reasons for non-use;
(c)
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;
(d)
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.
(2)
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.
(3)
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.
(4)
An application for revocation may be made by any person, and may be made either to the Registrar or to the court, except that —
(a)
if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and
(b)
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.
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(5)
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.
(6)
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 —
(a)
the date of the application for revocation; or
(b)
if the Registrar or court is satisfied that the grounds for revocation existed at an earlier date, that date.
Grounds for invalidity of registration 48.
(1)
The registration of a trade mark may be declared invalid on the ground that the trade mark was registered in breach of section 6 or of any of the provisions referred to in that section. Where the trade mark was registered in breach of subsection (1)(b), (c) or (d) of that section, it shall not be declared invalid if, in consequence of the use that has been made of it, it has after registration acquired a distinctive character in relation to the goods or services for which it is registered.
(2)
The registration of a trade mark may be declared invalid on the ground —
(a)
that there is an earlier trade mark in relation to which the conditions set out in section 8(1), (2) or (3) apply; or
(b)
that there is an earlier right in relation to which the condition set out in section 8(4) is satisfied, unless the proprietor of that earlier trade mark or other earlier right has consented to the registration.
(3)
An application for a declaration of invalidity may be made by any person, and may be made either to the Registrar or to the court, except that —
(a)
if proceedings concerning the trade mark are pending in the court, the application must be made to the court; and
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(b)
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.
(4)
In the case of bad faith in the registration of a trade mark, the
Registrar may apply to the court for a declaration of the invalidity of the registration.
(5)
Where the grounds of invalidity exist in respect of only some of the goods or services for which the trade mark is registered, the trade mark shall be declared invalid as regards only those goods or services.
(6)
Where the registration of a trade mark is declared invalid to any extent, the registration shall to that extent be deemed never to have been made:
Provided that this does not affect transactions past and closed.
Effect of acquiescence 49.
(1)
Where the proprietor of an earlier trade mark or other earlier right has acquiesced for a continuous period of 5 years in the use of a registered trade mark in Brunei Darussalam, being aware of that use, there shall cease to be any entitlement on the basis of that earlier trade mark or other right —
(a)
to apply for a declaration that the registration of the later trade mark is invalid; or
(b)
to oppose the use of the later trade mark as regards the goods or services in relation to which it has been so used, unless the registration of the later trade mark was applied for in bad faith.
(2)
Where subsection (1) applies, the proprietor of the later trade mark is not entitled to oppose the use of the earlier trade mark or, as the case may be, the exploitation of the earlier right, notwithstanding that the earlier trade mark or right may no longer be invoked against his later trade mark.
Trade Marks 48
Collective marks
Collective marks 50.
A collective mark is a mark distinguishing the goods or services of members of an association which is the proprietor of that mark from those of other undertakings.
Application of Act to collective marks 51.
This Act applies to collective marks, subject to Schedule 1.
Certification marks
Certification marks 52.
A certification mark is a mark indicating that the goods or services in connection with which it is used are certified by the proprietor of that mark in respect of origin, material, mode of manufacture of goods or performance of services, quality, accuracy or other characteristics.
Application of Act to certification marks 53.
This Act applies to certification marks, subject to Schedule 2.