Trademark Registration in Myanmar
There is still no legislation on Trademark. However, in the vacuum of such law, we are doing the best to protect the IP rights in Myanmar. Despite the lack of IP Laws in the name of Trademark, it is protectable for a proprietor to register his trademark by means of the Declaration Deed as to the ownership of the mark, in conformity with the existing laws. It is registrable under section 18(f) of the Registration Act to obtain the legal ownership of the mark. To protect a TM mark legally, the followings are advisable:
-Registration of Trademark at the Registration of Deeds Office, Yangon.
-Announcements Cautionary Notices in daily newspapers for the awareness of the public and to remind the infringers.
-Renewal of Registration for indefinite duration. We recommend you to renew every three years.
-Putting the goods into the Myanmar Markets in order to be the first user of the mark.
Effect of Registration
Since there are no statutory laws on Trademark, it is not imperative to register a trademark. However the registration gives evidential values for determining the ownership of the mark, constituting prima facie in case of the litigation at a Court.
Although the registration is not a conclusive proof to decide as to the bona fide proprietorship of the mark, it is supportive to decide the date when he has used his trademark. So we strongly recommend to register the Trademark at the Registration of Deeds Office, Yangon.
At the same time, it is advisable the owner of the mark must be the first user of the mark in the Myanmar market. It is the most important factor for determing the bona fide ownership of the trademark.
Merely registering without using the mark in the market is not sufficient to determine for legal protection of the mark since Myanmar Judges uphold the common Law system to determine the ownership of the trademark. According to the case laws of the Myanmar Court, to be the first user of the mark is very important as well as the registration of the mark.
Summing up, we advise that the owner of the mark must be the first user of the mark in the market while registering.
We need a Declaration of Ownership of the Trademark for each trademark. If there is a logo or device or specimen of the mark, it is to be affixed as shown in the Form. To fill in the form, we need particulars such as name of the owner, designation, company’s / Corporation’s name, its location and country. The list of International Classes, known as Nice Classification, shall be mentioned completely. Class No. should also be described. There is no limit of number of classes for each trademark.
The question of registering the service mark was raised. Still, the Registrar is now allowing such marks.
Summing up, you would need to file a Declaration of Ownership of Trademark at the Registration Office of Deeds, Yangon. As foreign clients could not appear before the registrar, his duly authorised Power of Attorney would be needed. You have to appoint a lawyer or lawyers as your attorney or attorneys. The POA must also be notarised and endorsed by the Myanmar Embassy in your home country.
The registered Declaration of Ownership of Trademark will be returned to the applicant after three weeks, commencing from the filing date.
To file a trademark / service mark application, we need the following documents:
* Power of Attorney
* Declaration of Ownership of the trademark
All the documents must be notarised and authenticated by the Myanmar Embassy in your home country. One power of Attorney is enough for any numbers of trademark / service mark. However, we would need the separate Decalartion for each trademark / service mark. The device or logo or any specimen of the mark must be affixed on it.
Time of Validity of Documents
The application must be filed within the 4 months from the date of the execution of the documents.