Trademark Registration in Myanmar
Currently in Myanmar there is neither a Trademark Law nor Trademark Office giving a proprietary right to a mark upon registration and regulating the use and enforcement of trademark in Myanmar.
However, in practice, trademarks are registered under the Registration Act by filing a Declaration of Ownership Declaration at the office of the Sub-registrar of Deeds and Assurances in Yangon, for evidentiary purposes in the enforcement actions.
Such registered Trademark Declaration is considered as "registration". The registration alone does not give the registrant the right to ownership, but the registration provides the declarant with the corroborative evidence of use if action has to be taken in the courts of law regarding ownership. In addition, the registration is a relevant evidence for purpose of determining the date since which the declarant had intended to claim his trademark.
Once registered, the registration in coordination with the proof of first use and development of economic value of the trademark allows trademark owner to sue third parties for infringement of his trademark right in litigation at the Court.
Documents Required For Trademark Registration In Myanmar:
- A soft copy (JPEG or PDF) of brand name, label, logo, letters, numerals, words, shapes, words, colors, and signature
- Name, address, and nationality of the applicant
- Proper specification of the class that their products and/or service belong to (No limitation in the number of classes)
- A Power Of Attorney certified by a Notary Public and legalized at the Myanmar Embassy or the Consulate of the country where the applicant belongs to
- A Declaration of Ownership certified by a Notary Public
Procedure Of Trademark Registration In Myanmar:
- Filing Myanmar Trademark Registration – The initial step is to file a Declaration of Ownership of Trademark with the Registry of Deeds, Yangon.
- Official Examination of Trademark – There is no official trademark examination or trademark objection in Myanmar since there is no law in Myanmar.
- Advertisement for Trademark - There is no provision of advertising the trademark in Trademark Journal as there is no trademark law in Myanmar.
- Myanmar Trademark Opposition – As there is no trademark law in Myanmar, no third parties can initiate opposition proceedings against similar trademarks
- Trademark Cautionary Note – In the absence of trademark law in Myanmar, Declaration of Ownership of Trademark thus filed will be published as Trademark Cautionary Notice in local newspaper alerting the public on the ownership of the trademark.