What is considered as infringement to registered trademark in Myanmar?
What is considered as infringement to registered trademark in Myanmar?
Prosecution of trademark in Myanmar under the new Myanmar Trademark Law is already provided. How about the enforcement of intellectual property? What is considered as infringement to a registered trademark in Myanmar or trademark infringement in Myanmar?
One alleged party shall be considered as infringement to trademark in Myanmar if they are one of the following cases:
+ 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 trademark 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.
– 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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