09 Legal Notes About New Trademark Law In Myanmar Enacted From 30 January 2019
09 Legal Notes About New Trademark Law In Myanmar Enacted From 30 January 2019
Finally, after a long waiting time, new trademark law in Myanmar enacted from 30 January 2019. There are 09 legal notes about new Myanmar trademark law you should know when filing new trademark in Myanmar.
Currently, Myanmar is waiting for Rules & Regulations of Trademark Law and establishment of Intellectual Property Office. The President will issue notify Effective Date of Trademark Law. Myanmar need infrastructure and institution to form and effect new law. We can guess that the new law may operate in 2020-2021. The followings are the major legal notes to the new law:
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First to File System
Myanmar follows rule of first filing system.
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Procedure of trademark in Myanmar
When filing new trademark in Myanmar, the applicant shall be required to prepare the follows:
- Translating Myanmar trademark application details and list of goods in to local language.
- Providing name and address of trademark Applicant (Individual or Company). If the applicant is the Company or organization, to mention registration no., type of Company/organization and country.
- Providing international classification number and list of goods bearing under the trademark.
- Providing authentic evidence and statement of priority rights if priority is claimed.
- Submitting supporting evidence and statement of exhibition right in case of claiming the right of exhibition priority for trademark application in Myanmar
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Claiming Priority Rights of trademark in Myanmar
Applicants of trademarks filed at the other countries satisfied in the Paris Convention or a member of the WTO shall have the priority rights when applying for the registration of the similar trademark in Myanmar or services to the Directorate for Registration within 6 months from the date of filing for registration.
4. Availability of opposition and cancellation action shall be allowed in Myanmar.
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The Validity of the Registration and Extension of the Registered Trademark in Myanmar
10 years from the date of application for registration of the trademark in Myanmar
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Geographical Indication registration will be available.
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Under the new Myanmar Trademark Law, a registered trademark in Myanmar could be invalidated based on non-use of the trademark.
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Invalidating and Cancelling a registered trademark in Myanmar shall be allowed in Myanmar
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Limitation of trademark rights in Myanmar
The Myanmar trademark owner does not have the right to prohibit the items which are already in the market et with his trademark, sent to the market by himself or with his consent
– You could see Fee of Trademark in Myanmar here
– You could see the full new Myanmar Trademark law here
– You could visit here to see Procedure of Myanmar Trademark Registration (present).
– You could visit here to see Procedure of Myanmar Trademark Registration (effective soon).
– You could visit here to check the required documents for filing trademark in Myanmar
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