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Sujika Myanmar IP Law Firm

Trademark Registration in Myanmar

There is still no legislation on Trademark. However, in the vacuum of such law, we are doing the best to protect the IP rights in Myanmar. Despite the lack of IP Laws in the name of Trademark, it is protectable for a proprietor to register his trademark by means of the Declaration Deed as to the ownership of the mark, in conformity with the existing laws. It is registrable under section 18(f) of the Registration Act to obtain the legal ownership of the mark. To protect a TM mark legally, the followings are advisable:

Patents and Designs

There is one law, namely " Myanmar Patents and Designs (Emergencies Provisions) Act, 1946. This law was enacted during the British Administration. Its main purpose was to apply the Indian Patents and Designs Act 1911 and so the law was defunct.

Caution Notices - Publications

It is worth to advertise the Notices in the daily papers or weekly papers. They remind the public for the awareness as to the proprietorship of the mark. It also carries the commercial value for the advertisement. Besides, it's a normal practise in Myanmar to publish the Caution Notices in daily papers or weekly papers.

Market Survey

Merely registration of a mark is not sufficient for deciding the ownership of the mark. Even the mark with registration will lose the ownership if the mark without registration is the first user of the mark. So market survey is also recommended at a critical point in case of ownership’s dispute.

Trademark Serach

Although there is no official office of Trademark / Service Mark search, there are local collectors who collect cautionary notices from the daily papers over years. Before registering a new mark, it is advisable to conduct trademark / service mark search.

Enforcement and Litigations

Despite the lack of Trademark Law, Myanmar Lawyers have been exercising the existing laws as to the trademark infringement. Civil action or Criminal action can be taken against the infrigner to exclude the adverse party.

Renewal of Trademark Registration in Myanmar

It is not compulsory to renew a registered trademark in Myanmar. Once it is registered, the registration is valid, indefinitely. In spite of the fact that there is no legislation for renewal, to renew a trademark registration is recommended since there may be some changes of name, ownership, address, goods etc. or Every three years.