Myanmar

Trademark in Myanmar. What is “Trademark” in Myanmar ?

Definition of “Trademark”

In Myanmar, there is only the definition of a trademark in the Penal Code 1861. Section 478 of the Code defines a trademark as “A mark used for denoting that goods are the manufacture or merchandise of a particular person”.

Types of “Trademark”

In Myanmar, mark can be separated into trademark (mark for goods) and service mark (mark for service).

Principles of trademark registration

First-to-use principle

            At the present time, Myanmar applies the principle of  “First use”. Therefore, the rights of the parties setting up rival claims to ownership of a trademark must be determined in accordance with the principle of common law based on prior use rather than first to file.

First-to-file principle

Under the new Law Myanmar will apply the principle of  “First application” instead of the “First use” Principle as before. Trademarks protected under the current Declaration of Ownership system will NOT be automatically protected over to the new system. Marks recorded under the old system will need to be re-filed and examined once the new law enter into force in order to gain protection in Myanmar.

Required documents of trademark registration in Myanmar

The application for registration of mark shall contain:

1. Declaration of Ownership of Trademark

which describes the name and complete address of trademark owner whether individual or company; the specimen of the trademark/service mark/design; the list of goods to be used with the mark and with the statement that the applicant is the first to create this mark, that nobody is known in using the same mark before and declaring that the applicant is the owner of said trademark, and put the signature under declaration. Above Declaration shall bear stamp duty valued kyat 250.

2. The Power of Attorney

which includes the name and full address of trademark owner and the name, address and the national scrutinizing no. of the agent to be appointed and which is to be signed by the trademark 2 owner. A foreign applicant must execute a Special Power of Attorney. Stamp duty is liable at kyat 1000 for the Special Power of Attorney and at kyat 4000 for the General Power of Attorney.

The Power of Attorney and Declaration of Ownership must be executed and authenticated in the presence of a Notary Public. Notarial authentication requires diplomatic legalization at the Myanmar Embassy/ Consulate in the country where the Applicant’s company is incorporated. The Power of Attorney MUST be signed by the representative/officer of the company who signed the Declaration of Ownership.

Procedures of trademark registration in Myanmar

Currently, Myanmar is not a member of the Madrid System, so when you want to register a Trademark in Myanmar, the applicant must appoint a Myanmar representative to perform all the procedures on his or her behalf registration of trademark protection.

The applicant shall buy and complete the application form at the Office of the Registry of Deed and Assurances. Adhering office duty stamp valued kyat 300 on the completed application form, the applicant/agent accompanying with two witnesses submits the application to the staff officer of Registry Office. The staff officer checks the application and attached documents of Declaration of Ownership of Trademark, the power of attorney and the National Scrutinizing cards as well as checks the application whether it conforms with the two witnesses submit the application further to the Registrar. The Registrar makes counter checking of the application, attached documents, the signature and National Scrutinizing Cards of applicant and the witnesses and, if it is acceptable, getting fingerprints of the applicant and the witness, let him pay registration fee kyat 6 and keep the set of application at the office to enter in the Registry Book.

After six to eight weeks as of filing date the trademark registration process is ended by returning back the registered document to the applicant, bearing with registration number and date, seal of the Registry Office and signature of Registrar. After registration, a Cautionary Notice will be published.

Fee of trademark registration in Myanmar

Trademark search in Myanmar

Up till now, although the Soft-Opening for re-filing trademark application in Myanmar under new law has official commenced since October 01, 2020, the trademark database in Myanmar is still not available. Thus, the search will be conducted on our database sources from the publication of the Cautionary Notice in twelve local newspaper which are mostly used by the trademark lawyers and have been updated since June, 1981.

Priority right principles

Since there is no examination procedure, until now claiming priority rights of trademark has not occurred in Myanmar.

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