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Myanmar Trademark Registration

Update Date:2019-5-9 16:33:24 Source:Tannet (Malaysia) Sdn Bhd Views:196

Malaysia Hotline: +603-2141 8908



Myanmar announced the new trademark law in mid-2016, but the legislation has not yet been passed. The Myanmar trademark registration method is to make a record by submitting a Declaration of Ownership statement to the Myanmar Contract and Guarantee Registration Office and publish the announcement in the designated local newspaper. Myanmar trademarks must be re-announced in local newspapers every three years. Myanmar trademark protection currently adopts the principle of “prior use”.


1. Procedure of Myanmar Trademark Registration

Tannet will handle your trademark registration in Myanmar through the following steps:


a)   Myanmar Trademark Pre-Filing Search

  Check the usability and reliability of the trademark.


b)   Myanmar Trademark Filing / Examination

  To prepare, execute and file your trademark application to Myanmar Trademark Registry.


c)    Myanmar Trademark Publication & Registration

Once Notice of Acceptance is received from Myanmar Trademark Registry, we will arrange your Myanmar trademark for publication in Government gazette. Should no opposition  raised within the period, registration certificate will be issued you thereafter.


2. Myanmar Trademark Search

Due to the long period of Myanmar trademark application, the Myanmar trademark examination is strictly. If the filed trademark is same or similar, the trademark will undergo a long period of examination after submitting the application. If the examination failed, the trademark will be rejected. The trademark was rejected and need to re-register, and the same route was taken but it took time and money. In order to avoid wasting money and valuable time in the process of trademark application, the pre-filing inquiry is essential. Trademark law does not require that trademark registration must complete the trademark search. However, we still recommend that it is best to do the inquiry first before trademark filing.


3. Myanmar Trademark Publication

After the registration is completed, a “Trademark Cautionary Notice” will usually be announced in the local newspaper every 3 years to establishing ownership of the trademark. It serves as a warning to potential infringes. The “Trademark Cautionary Notice” usually includes the name of the trademark owner, the registration number, the Myanmar trademark design, and a warning about unauthorized use of the Myanmar trademark.



4. Conditions for Myanmar Trademark Registration

The Myanmar Trademark Registry Office does not impose too many restrictions on applicants. For applicants' requirements, only the applicant's main supporting documents must be submitted. If you apply for a Myanmar trademark in your own name, you will need to submit a copy of the individual's ID/passport. If you apply for a business, you can submit a copy of the business license.


In addition to this, there are the following requirements:

a) Myanmar Trademark name or logo pattern: The logo’s requirement must be  a clear JPG format;

b) Product or service category name: The file selection is provided by Tannet and selected according to the International Nice Classification;

c) The applicant's name and address.



Note:

Applicants need to be Myanmar locals or legal persons. If it is a foreign applicant, it must apply through an agent at the place of service in the country:

·      The applicant must sign a Declaration of Ownership Statement in accordance with Article 18 of the Registration Act;

·      A foreign applicant must sign a Special Power of Attorney with the local agent as the beneficiary;


In accordance with local practice, applicants need to publish a Trademark Cautionary Notice in a Myanmar local newspaper to announce the outside world of the ownership of the trademark. Applicants are required to re-post a Notice every three years so that any third party notices the ownership of the trademark.


5. Registration Period for Myanmar Trademark

The registration period of the Myanmar trademark is 4-6 months, including the five stages of procedures such as filing the trademark application, accepting the trademark application, examine the trademark application, issuing notice for the filed trademark, and obtaining the trademark certificate. If trademark rejections occurred during the application or examination process, the registration time will be extended.


6. Validity period of Myanmar Trademark

The validity period of the Myanmar trademark is 3 years, and the trademark need to be announced in the Gazette every three years. After the trademark has been used for 3 years, if the trademark is still needed, the Myanmar trademark renewal application must be submitted 6 months before the expiration date of the trademark. After the trademark renewal is successful, the trademark can be used for another 3 years. Term of the Myanmar trademark can be continuously renewed.


The above is to give applicants a better understanding of the relevant information on the registration of Myanmar trademarks and the materials needed for preparation. The Intellectual Property Department of Tannet Group aims to carry out intellectual property agency services such as patent application, copyright registration, copyright registration, and foreign trademark application. Under the guidance of the China Intellectual Property Protection Center, we will further promote intellectual property services at local and abroad, and providing applicants with convenient and fast service channels.


For more information on the requirements for trademark registration, please feel free to call the Tannet Service Hotline: Tel: +603-21418908, Tannet Malaysia Website: www.tannet.com.my, E-mail: mytannet@gmail.com.





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