What is procedure of Invalidating and Cancelling a registered trademark in Myanmar

What is procedure of invalidating and cancelling a registered trademark in Myanmar? When following the action of invalidating and cancelling a registered trademark in Myanmar, there are some highlighted notes as follows:

• Upon the request by the beneficiary that the trademark is inconformity with the definitions in Section 2, sub-section- (g) or the trademark is a denial one with a firm reason as of section 10, and if the trademark is proved to be an unregistrable one the Registrar shall proclaim that the registration of the trademark is invalidate.
• Upon the application by a beneficiary that the Myanmar trademark is not a registrable one and the registration is denial due to the relevant reasons in Section 11, and if there is a firm proved the Registrar shall proclaim the trademark registration invalid.
• The application to proclaim the registration of the trademark in Myanmar, the Registrar shall proclaim it after receiving the Court’s final judgment or decision.
• The request for proclamation of the trademark in Myanmar in accord with sub-section(a) it can be applied at any time.
• If the registration is not of dishonesty, to proclaim for invalidity as of subsection (b) shall not be applied after 5 year period from the date of registration.
• The fundamental cause for proclaiming the trademark as invalid, concerns with only some of the registered trademark goods or services, then the invalidity shall be proclaimed only on those.
• After the Registrar has recorded the registered trademark, which has been proclaimed as invalid, it shall have to inform the trademark owner and trademark known to the public.
• If a beneficiary applies for using trademark to be cancelled and if the Registrar finds out it is implicated with one of the following the registered trademark shall be cancelled.
• The goods and services in the classes of the registered trademark in Myanmar which have not been used or failed to use it within 3 years from the date being applied for registration at the Directorate have no apparent reason for not using it or failing to use it.
• Not using the registered trademark in Myanmar continuously for 3 years and if there is no apparent reason for that.
• The registered trademark in Myanmar includes indicators on the variety of goods, related subject matter, quality, quantity, intended usefulness, value, place of origin, manufacturing date or becoming a common usage or a precedent as a practical usage in trade.

– 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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