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GUIDANCE ON TRADEMARK REGISTRATION, RENEWAL AND/OR PUBLICATION OF CAUTIONARY NOTICE IN MYANMAR
(Ngày đăng: 2017-04-24)

General Introduction

There have been neither patent, design nor trademark laws available up to now in Myanmar. As a practice that has been in existent for a long time in this country, where your client wishes to register its trademark, design and patent including PCT in Myanmar, there is only way is that he/she should register them in accordance with the Myanmar Registration Act coming into force as of January 1, 1909, particularly he/she can follow the widely traditional practice in this country by registering declaration of ownership over his/her trademark, patent or design in Myanmar to establish evidentiary assertion of his/her rights before courts.

 

Required documents

1.      One original copy of Power of Attorney notarized and legalized by the Myanmar embassy placing the country where the applicant has nationality;

2.      One original copy of Declaration of Ownership of Trademark notarized by a notary public where the applicant has nationality

3.      Two reproductions of trademark to be registered

4.      List of goods/services bearing the subject trademark

 

Timeframe & Relevant Cost

It normally takes about 2-3 months to get the Declaration of Ownership of Trademark endorsed by the Myanmar Registration Authority. Our cost for having a trademark registered in accordance with the above practice is 450USD exclusive of other disbursements about 35-40USD. Each further class on the same application, surcharge of 100USD would be applicable.

 

Post-Registration Advisory

In Myanmar, the Law does not enact the exact renewal due date. However, in practice people always choose to renew in every three years from the date of registration that has become a widely accepted practice. By renewing the registration in every three years, local practitioners assume that the ownership over trademark more forceful in case of litigation at a court and in another aspect, renewal of registration in every three year also shows that the owner is still using its trademark in Myanmar. The required documents and cost for renewal are the same as the new registration.

In addition to the above registration and/or renewal of registration, trademark owners are highly recommended to have it published on a local newspaper in the form of Publication of Cautionary Notice. Below is some significance of Publication of Cautionary Notice.

According to the practice in Myanmar, Publication of Cautionary Notice also plays a great part of a trademark. Publication of Cautionary Notice in weekly local journals or newspapers is usually followed soon after the completion of registration/ renewal of a trademark. The purpose of publishing a Cautionary Notice is to keep reminding the public about the ownership of the trademark and thereby warding off a potential infringer or imitation.

However, it is not compulsory nor a stipulation by any law. It is an established practice in here. Also, publication of Cautionary Notice is usually repeated once in every three year. Additionally of course, such a publication has a definite trade advertising and commercial value. It can say that publication of Cautionary Notice constitute prima facie and circumstantial evidence in favor of the proprietor in case of infringement.

Cost for Publication of Cautionary Notice would be dependent on the length of advertisement, volume of issued journals or newspapers as well as the reputation of the journals or newspapers the trademark owner chooses. We will quote this cost later if you are interested in.

 

 

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