Myanmar Trademark Law (Myanmar IP Law): Effective soonPaul - AAA IPRIGHT
After years of pending for being enacted, Myanmar Trademark Law (Myanmar IP LAW) shall be enacted soon. If the Myanmar trademark law is enacted, the trademark applicants in Myanmar need to prepare the trademark registration in accordance with requirement of the new Myanmar Trademark Law. There are some highlighted provisions on Myanmar Trademark Law as hereafter:
What is procedure of trademark in Myanmar?
Under the new Myanmar trademark law, in order to register trademark in Myanmar, the applicants need to be prepared:
- To translate Myanmar trademark application details and list of goods in to local language.
- To provide name and address of trademark Applicant (Individual or Company)
- To provide international classification number and list of goods bearing under the trademark.
- If the applicant is the Company or organization, to mention registration no., type of Company/organization and country.
- If to claim priority for the trademark application in Myanmar, the Myanmar trademark applicant needs to submit authentic evidence and statement of priority rights.
- If to claim the right of exhibition priority for trademark application in Myanmar, the Myanmar trademark applicant needs to submit supporting evidence and statement of exhibition right.
If the trademark to file in Myanmar has already registered at the office of the Registry of Deeds, it needs to submit a certificate (confirming said registration).
Claiming Priority Rights of trademark in Myanmar
- The Person or the person who has been transferred by the registrant of the trademark at the countries satisfied in the Paris Convention or a member of the WTO, the similar goods or the services trademarks that were included in the application of trademark in any country outside of Myanmar 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.
- The trademark of goods or services being displayed at the International Trademark Fairs being recognized or held by the respective government in a country, which is a member of the Paris Convention or WTO, if the similar trademark for the goods or the services being displayed at the International Trade Fair, applies for registration from the date of the exhibition until 6 months, the trademark or the services have the priority rights as of the Trade Fair.
- The Priority Right of the Trade Fair shall not exceed the period, from the day of application being applied in accord with section 28.
The Validity of the Registration and Extension of the Registered Trademark in Myanmar (Also renewal of trademark in Myanmar)
- The validity of the registered trademark in Myanmar is 10 years from the date of application for registration of the trademark in Myanmar. After the expiration of the registration validity, it can be extended for another 10 years at a time.
The procedure of renewing trademark registration in Myanmar as follows:
+ The trademark for extension in Myanmar is to be applied within 6 months before the expiration of the trademark registration date.
+ If the extension application is made after the expiration of the registered trademark in Myanmar, it shall be granted for extension of the make as a special privilege (grace period) provided that the trademark owner pays the late fees.
+ The trademark registration in Myanmar shall be permitted to renewed if it is in line with the stipulations of Myanmar Trademark Law on trademark renewal. Then, the validity of the registered trademark registration in Myanmar will be extended for another 10 years and it shall be given a cautionary notice as of the stipulated procedure.
+ The extension of the trademark registration in Myanmar and the fees paid for it shall be recorded in the register.
If the fees for the extension is not paid within 6 months as a special right given to the trademark owner the registered trademark in Myanmar shall have to be cancelled.
The cancelled trademark in Myanmar shall be entered into the register as a cancelled trademark and shall be notified as of stipulations.
What is The Rights of the Registered Trademark in Myanmar
What is the rights of trademark owner of registering trademark in Myanmar successfully? Under the Myanmar trademark law, the owner shall have the following rights:
If the owner has successfully registered trademark in Myanmar, under the provisions in Chapter 10 of Myanmar Trademark Law, the owner shall enjoy the trademark rights in accord with this chapter during the registration term.
Also, in sections 36 and 37 of the Myanmar Trademark law, the owner of the trademark shall,
As a specific right:
If someone use the same trademark or the same goods or service in trading without the consent of the trademark owner and mislead the public, it can be protected by this law.
What is considered as infringement to registered trademark in Myanmar?
+ Explanation, Misleading means using the same class of goods and services as of the registered trademark.
+ Infringing the registered trademark in Myanmar, the infringer shall be taken action either with criminal or civil or both.
+ Using the registered known trademarks in Myanmar as of the same or similarly on the goods or services in other classes without the permission/ consent of the trademark owner it shall be protected based on the following conditions:
- If it seems like indicating the relevant between the known registered trademark in Myanmar and the infringed class of goods or services.
- Effecting the benefit of the trademark owner in Myanmar.
- The rights being enjoyed by trademark registration in accord with Chapter 12and 13, the trademark right shall be transferred or used by permission to another person.
- The trademark owner shall not prohibit any other person who uses the trademark in good faith for the industry or trading business on the following:-
- The name or the address of the owner
- Indicators on the kind of goods or services related contents, quality, quantity , purpose for usefulness, cost/ value, place of origin, manufactured date or other characteristics.
- The purpose to use the goods on the services, especially stating the purpose to be used together with the items or the spare parts.
6. What is 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.
However, no matter how the goods have been distributed in the market in accord with section 37 of the new Myanmar Trademark Law, if those goods have been changed the form or damaged, the trademark owner has the right to prohibit from selling those items in accord with the existing laws.
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.
What is the use of trademark in Myanmar?
Under the new Myanmar Trademark Law, a registered trademark in Myanmar could be invalidated based on non-use of the trademark. So, what is the use of trademark in Myanmar? The use of the trademark as of sub-section a includes the following:
- Not changing the distinctive characteristics of the registered trademark in Myanmar but use that trademark in a different form
- Sticking of the trademark on the goods to be exported or sticking the trademark on the packages and they are used in the country.
- According to this new Myanmar trademark law the period of using the trademark, the nature of the trademark or the area where the trademark is used, if the trademark needs to be proved as an evidence, the liability to prove concerns only with the trademark owner.
- If the cause for cancellation is relevant only to some of the registered goods and services, then the registration of those relevant goods and services shall be cancelled only.
- After the cancellation of the registered trademark it shall be considered that the trademark has been cancelled legally
- After the Registrar has cancelled the trademark and recorded in the Register, the cancellation has to be informed to the trademark owner and made known to the public.
- The registration of trademark is denied by the Myanmar Trademark Registrar or if the trademark has been cancelled, because it implicates with section 10, sub-section c, no one shall use that trademark.
9. What is trademark fee in Myanmar by the current trademark system now?
– Stage 1: TRADEMARK SEARCH IN MYANMAR
|Scope of work: Trademark Search||Word Mark($US)||Device (logo) And Word Mark($US)|
|For the 1st class||120.00||120.00|
|For the 2nd class||50.00||50.00|
|Duration||4-6 days||4-6 days|
– Stage 2: TRADE FILING TO REGISTRATION IN MYANMAR
|Scope of work: Filing Trademark Application To Trademark Registration Certificate||FEE($US)|
|For the 1st class||295.00|
|For the 2nd class||0.00|
– Our Fee for Trademark in Myanmar includes all fees (official fee and legal fee); exclude fee for responding to office action, if any.
– In Myanmar, it is highly recommended to publish Cautionary Notice of your trademark on a newspaper after registration. If so, the additional fee for the publication is $US400.00
– You could see Fee of Trademark in Myanmar here
– You could visit here to see Procedure of Myanmar Trademark Registration.
– You could visit here to check the required documents for filing trademark in Myanmar
Or sending your inquiry by filling the form: