EN 
CN Myanmar Trademark
Overview of Southeast Asia Trademark
1. Legislations:
Myanmar has no promulgated law for trademarks, but registration can be obtained under Section 18(F) of Registration Act. Remedies against passing-off can be applied for under Section 478 of the Penal Code, and against infringement under Section 54 of the Specific Relief Act and the Myanmar Merchandise Marks Act.
2. Definition:
“Mark“ includes a device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof.
“Trade Mark“ means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person.
3. Criteria:
In Myanmar, there is no Trade Mark Act up to the present moment. Myanmar Penal Code, Section 478 however provides that –
“A mark use for denoting that goods are the manufacture or merchandise of a particular person is called a Trade Mark.
“The mark must be distinctive in the sense of being adapted to distinguish the goods of the proprietor of the TRADE MARK from those other persons.
4. Membership:
X – Paris Convention
X – Madrid Protocol
5. Eligibility:
Applicant must be a proprietor of the mark. Proprietorship of a trademark is acquired by means of registration or use or both.
A foreign applicant is required to nominate a trademark attorney in the company he wishes to declare the mark.
6. Rule of Priority:
“First to Use“ is the rule followed by Malaysia in determining priority of trademarks.
6. Duration and Renewal:
In Myanmar, the law does not enact the validity period of Trademark registration. According to the established practice, renewal of registration is usually done once in every three-year by one of the following ways:-
– Renewal by re-registration in the form of Declaration
– Renewal by re-publication in the local daily newspapers or weekly journals
– Renewal by both re-registration and re-publication
1. Legislations:
Myanmar has no promulgated law for trademarks, but registration can be obtained under Section 18(F) of Registration Act. Remedies against passing-off can be applied for under Section 478 of the Penal Code, and against infringement under Section 54 of the Specific Relief Act and the Myanmar Merchandise Marks Act.
2. Definition:
“Mark“ includes a device, brand, heading, label, ticket, name, signature, word, letter or numeral or any combination thereof.
“Trade Mark“ means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person.
3. Criteria:
In Myanmar, there is no Trade Mark Act up to the present moment. Myanmar Penal Code, Section 478 however provides that –
“A mark use for denoting that goods are the manufacture or merchandise of a particular person is called a Trade Mark.
“The mark must be distinctive in the sense of being adapted to distinguish the goods of the proprietor of the TRADE MARK from those other persons.
4. Membership:
X – Paris Convention
X – Madrid Protocol
5. Eligibility:
Applicant must be a proprietor of the mark. Proprietorship of a trademark is acquired by means of registration or use or both.
A foreign applicant is required to nominate a trademark attorney in the company he wishes to declare the mark.
6. Rule of Priority:
“First to Use“ is the rule followed by Malaysia in determining priority of trademarks.
6. Duration and Renewal:
In Myanmar, the law does not enact the validity period of Trademark registration. According to the established practice, renewal of registration is usually done once in every three-year by one of the following ways:-
– Renewal by re-registration in the form of Declaration
– Renewal by re-publication in the local daily newspapers or weekly journals
– Renewal by both re-registration and re-publication
1. Declaration of Ownership
This is a solemn statement made by the owner of a trademark. A trademark can be registered on submission of a declaration of ownership.
2. Registration
A local attorney will file for the registration of the Declaration of Ownership at the office of the Registrar of Deeds and Assurances. A temporary registration number will be granted on the same day although it takes 2-3 weeks for the attorney to receive the declaration.
3. Examination
An examination takes 6 – 8 months.
4. Publication
Publication follows registration of a mark and is optional to the owner. A trademark cautionary notice is published in local newspapers establishing ownership of the trademark. It serves as a warning to potential infringers.
5. Registration
The duration of registration takes a minimum period of 2 months. The registration is effective from date of application.
The following information and/or documents are required to file an application for a trademark application in Myanmar:-
1. Application form.
2. Power of Attorney.
3. Five (5) clear copy of the mark.
4. A list of goods or services (which closely follow the Nice International Classification).
5. The full name, nationality and registered address of the applicant.
6. For marks that contain non-English words, a certified transliteration and translation.
ITEMS | OFFICIAL FEES (USD) | PROFESSIONAL FEES (USD) |
|---|---|---|
1. Search per mark per class | – | 157 |
2. Filing application for one class upon registration fee | 550 | 469 |
Basic Requirements
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Declaration of Ownership of the Trademark | Signed, notarized & legalized | Within 4 months from the date of execution of the Declaration |
Power of Attorney | signed, notarized and the signature and seal of the Notary in turn must be attested by Myanmar Embassy in the country concerned | Within 4 months from the date of execution of the Declaration |
Priority Claim
Myanmar is not a member to any of convention. It is therefore not possible to claim convention priority for filing a trademark application in Myanmar.
Documents for Filing a Request of Recordals of Assignments and Changes
DOCUMENTS | REMARKS | TIME OF FILING |
|---|---|---|
Deed of Assignment signed by the Assignor and the Assignee. | signed, notarized and the signature and seal of the Notary in turn must be attested by Myanmar Embassy in the country concerned | Within 4 months from the date of execution of the Declaration |
Power of Attorney in the name of the Assignor. | signed and notarized | Within 4 months from the date of execution of the Declaration |
Power of Attorney in the name of the Assignee. | signed and notarized | Within 4 months from the date of execution of the Declaration |
Documents for Filing an Opposition or Counter-Opposition
Unlike other countries, no opposition practice is available with the Registry Office in Myanmar. The registration is between the applicant and the Registrar. In case of oppositions, one can maintain a law suit before the court.
In Myanmar, an owner of trademark in respect of particulars commodity has no right to prohibit or prevent other persons from use of such mark in connection with goods of a totally different character and class.
