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