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  • Trademarks in Myanmar

    The practice in Myanmar regarding the Trademark, at the present is as follows:

    1. Registration of the Ownership of the Trademark with the Registrar of Deeds and Assurances.

    2. Issue of Cautionary Notice in the local newspaper/weekly issue journals.

    Under the current regime, it is possible for a proprietor to register his trademark by means of a “Declaration of Ownership of Trademark” with the Office of Registrar of Deeds and Assurances under the Direction No. 13 of the Inspector General of Registration. In addition to the general provisions of the Registration Act, the Direction still stands as the sole authority on defining particular procedure and method of trademark registration.

    New Trademark Registration

    To file for new Trademark registration in Myanmar under the current regime, we would need the following documents.

    - Fully authenticated Declaration of Ownership of the Trademark.
    - Fully authenticated Power of Attorney.

    In the Declaration, the name of the owner of the Trademark, its address and specification of the goods must be stated and the device or logo of the mark must be pasted on it. In the Power of Attorney, applicant must appoint the lawyers of our Associates as their attorneys.

    Power of Attorney must be signed, notarized and the signature and seal of the Notary in turn must be attested by Myanmar Embassy in the country concerned.

    Declaration of Ownership of Trademark must only be simply signed by the Applicant (Declarant).

    Separate Declaration is needed for each trademark application. But, one Power of Attorney is enough for any numbers of trademarks of the same owner.

    The usual practice in here is a trademark may cover more than one International Class. It means multi-item, multi-class can apply under one trademark. Therefore, one Declaration for a trademark covering one class or multi classes is acceptable here.

    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 local weekly issue journals is usually followed soon after the completion of registration of a trademark. The purpose of publishing a Cautionary Notice is to keep reminding the public 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. 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 favour of the proprietor in case of infringement.

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    For more information about trademarks in Myanmar, please do not hesitate to contact us athoai le tan

    HAIHAN IP LAW FIRM

    12A Floor, Center Building, No. 1 Nguyen Huy Tuong, Thanh Xuan Trung Ward, Thanh Xuan District, Hanoi City, Vietnam.

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