4. MCS MYANMAR TRADEMARK – TRADEMARK PROTECTION IN MYANMAR

Scope of Services:

  1. Search database for Trademark
  2. Trademark Application and Post-registration Process
  3. Trademark Assignment: Change & Search Ownership
Trademark protection in Myanmar

Myanmar Trademark:

  1. Trademark Search

Official trademark search is not available in Myanmar Registry Office. In this situation, we can assist the clients in conducting a private search on the base of newspaper publications since 1989 by the reason that most of the trademark registrations are usually followed by publication of the Cautionary Notice in the designated local newspaper for public awareness. While there is no official search system, this private search practice gives valuable help to the trademark owners up to an extent.

2.  Trademark Registration

In the absence of specific trademark law, trademark 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 clear representations of the mark to be registered.

3. Trademark Renewal

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

4.  Amendment of Trademark Registration

Amendment registration can be filed for name change and address change of the applicant, mentioning the previous registration number and date.

In filing an application for registration of the “Declaration of Amendment of Trademark Ownership” , 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 Amendment of Trademark Ownership executed by the applicant.

-A copy of previous registration.