Myanmar - Trademark

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Malaysia
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Myanmar
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Indonesia
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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

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