Section 8
Relative grounds for refusal of registration
(1)
A trade mark shall not be registered if it is identical with an earlier trade mark, and the goods or services for which the trade mark is applied for are identical with the goods or services for which the earlier trade mark is protected.
(2)
A trade mark shall not be registered if because —
(a)
it is identical with an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected; or
Trade Marks
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(b)
it is similar to an earlier trade mark and is to be registered for goods or services identical with or similar to those for which the earlier trade mark is protected, there exists a likelihood of confusion on the part of the public, which includes the likelihood of association with the earlier trade mark.
(3)
A trade mark which —
(a)
is identical with or similar to an earlier trade mark; and
(b)
is to be registered for goods or services which are not similar to those for which the earlier trade mark is protected, shall not be registered if, or to the extent that, the earlier trade mark has a reputation in Brunei Darussalam and the use of the later mark without due cause would take unfair advantage of, or be detrimental to, the distinctive character or the repute of the earlier trade mark.
(4)
A trade mark shall not be registered if, or to the extent that, its use in Brunei Darussalam is liable to be prevented —
(a)
by virtue of any law protecting an unregistered trade mark or other sign used in the course of trade; or
(b)
by virtue of an earlier right, other than those referred to in subsections (1), (2) and (3) or in paragraph (a), or by any law relating to the infringement of copyright or registered designs.
(5)
Nothing in this section prevents the registration of a trade mark where the proprietor of the earlier trade mark or other earlier right consents to the registration.