In Brunei, “trade mark” means any visually perceptible sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those of other undertakings. A trade mark may, in particular, consist of words (including personal names), designs, letters, numerals or the shape of goods or their packaging.

A registered trade mark is a property right obtained by the registration of the trade mark under this Act and the proprietor of a registered trade mark has the rights and remedies provided by the Trademarks Act, no proceedings lie to prevent or recover damages for the infringement of an unregistered trade mark as such; but nothing in this Act affects any law relating to passing off.