05-29-2012 (Newsletter Issue 9/12)
Multiple Class Registration Now Possible
The Registration Office is now accepting multiple class registration. Previously this was objected.
It depends on the Registrar, and the new officer is currently allowing one application covering multiple classes.
Source: Tin Ohnmar Tun & The Law Chambers, Myanmar
In the absence of specific trademark law, trademarks can be registered in Myanmar Registry Office under Section 18(f) of the Registration Act and Registration Direction 13 by means of declaration which is a solemn statement of facts made by the trademark owner.
In filing an application for registration of the Declaration of Ownership of trademark, the requisite documents are as follows:
- Special Power of Attorney (POA) executed by the applicant (This document must be duly notarized, authenticated and endorsed by the Myanmar Embassy/ Myanmar Consul/ Vice Consul/ Representative of the Government of the Union of Myanmar in some appropriate country for foreign clients.)
- Declaration of Ownership of Trademark (DOT), executed by the applicant
If any Declaration was registered in Myanmar prior to this registration it is to be attached with its copies. (Six) clear representations of the mark to be registered.
It is advisable to publish a Cautionary Notice in the designated local newspaper / journal for public awareness.
The validity period of trademark registration is not prescribed by existing Myanmar laws. However, as per current well-established practice, trademark is to be renewed in one of these three options:
by re-registration once every three years after first registration;
OR by republication once every three years after first publication;
OR by the way of both re-registration and re-publication (most trademark owners prefer this way: re-registration in order to update the record of their registered mark at the Registry Office and after that, republication of the cautionary notice of the re-registered mark is followed for public awareness in the market) aiming at preventing against the possible infringers and showing his constant interest upon the mark
Multiple class registration are now accepted by the Registration Office.
All documents that were executed in countries of origin need to be filed in Myanmar within 3 months from the date of execution, which is a requirement of the Registration Act. If it is beyond the validity period, the application will be either rejected or a small penalty will be levied, depending on the registration officer in office.
Opposition against designation of IR Mark
(The period starts from the national publication date, if not stated differently):
not a member of the Madrid Agreement or Protocol.
Country Index is a free service of S.M.D. Markeur, an international IP searching and monitoring firm.
We would like to thank the following law firms for their assistance in updating the information provided:
Tin Ohnmar Tun & The Law Chambers, Yangon, Myanmar
Myanmar Trademark and Patent Law Firm, Yangon, Myanmar