Malaysia Hotline: +603-2141 8908
Myanmar
announced the new trademark law in mid-2016, but the legislation has not yet
been passed. The Myanmar trademark registration method is to make a record by
submitting a Declaration of Ownership statement to the Myanmar Contract and
Guarantee Registration Office and publish the announcement in the designated
local newspaper. Myanmar trademarks must be re-announced in local newspapers every
three years. Myanmar trademark protection currently adopts the principle of
“prior use”.
1. Procedure of Myanmar Trademark
Registration
Tannet will handle your trademark registration in Myanmar
through the following steps:
a) Myanmar Trademark Pre-Filing Search
Check the usability and reliability of
the trademark.
b) Myanmar Trademark Filing / Examination
To prepare, execute and file your trademark
application to Myanmar Trademark Registry.
c) Myanmar Trademark Publication & Registration
Once Notice of Acceptance is received from Myanmar Trademark Registry,
we will arrange your Myanmar trademark for publication in Government gazette. Should no
opposition raised within the period, registration certificate will be issued
you thereafter.
2. Myanmar Trademark Search
Due to the long period of Myanmar trademark application, the Myanmar trademark
examination is strictly. If the filed trademark is same or similar, the
trademark will undergo a long period of examination after submitting the application.
If the examination failed, the trademark will be rejected. The trademark was
rejected and need to re-register, and the same route was taken but it took time
and money. In order to avoid wasting money and valuable time in the process of
trademark application, the pre-filing inquiry is essential. Trademark law does
not require that trademark registration must complete the trademark search.
However, we still recommend that it is best to do the inquiry first before trademark
filing.
3. Myanmar Trademark Publication
After the registration is completed, a “Trademark Cautionary
Notice” will usually be announced in the local newspaper every 3 years to
establishing ownership of the trademark. It serves as a warning to potential infringes. The “Trademark Cautionary Notice” usually includes the name of the
trademark owner, the registration number, the Myanmar trademark design, and a warning
about unauthorized use of the Myanmar trademark.
4. Conditions for Myanmar Trademark Registration
The Myanmar Trademark Registry Office does not impose too many
restrictions on applicants. For applicants' requirements, only the applicant's
main supporting documents must be submitted. If you apply for a Myanmar
trademark in your own name, you will need to submit a copy of the individual's
ID/passport. If you apply for a business, you can submit a copy of the business
license.
In addition to this, there are the following requirements:
a) Myanmar Trademark name or logo pattern: The logo’s
requirement must be a clear JPG format;
b) Product or service category name: The file
selection is provided by Tannet and selected according to the International
Nice Classification;
c) The applicant's name and address.
Note:
Applicants
need to be Myanmar locals or legal persons. If it is a foreign applicant, it
must apply through an agent at the place of service in the country:
·
The applicant must sign a Declaration of
Ownership Statement in accordance with Article 18 of the Registration Act;
·
A foreign applicant must sign a Special Power of
Attorney with the local agent as the beneficiary;
In
accordance with local practice, applicants need to publish a Trademark Cautionary
Notice in a Myanmar local newspaper to announce the outside world of the ownership
of the trademark. Applicants are required to re-post a Notice every three years
so that any third party notices the ownership of the trademark.
5. Registration Period for Myanmar Trademark
The registration period of the Myanmar trademark is 4-6
months, including the five stages of procedures such as filing the trademark
application, accepting the trademark application, examine the trademark
application, issuing notice for the filed trademark, and obtaining the
trademark certificate. If trademark rejections occurred during the application
or examination process, the registration time will be extended.
6. Validity period of Myanmar Trademark
The validity period of the Myanmar trademark is 3 years, and
the trademark need to be announced in the Gazette every three years. After the
trademark has been used for 3 years, if the trademark is still needed, the Myanmar trademark renewal application must be submitted 6 months before the expiration
date of the trademark. After the trademark renewal is successful, the trademark
can be used for another 3 years. Term of the Myanmar trademark can be continuously
renewed.
The
above is to give applicants a better understanding of the relevant information
on the registration of Myanmar trademarks and the materials needed for
preparation. The Intellectual Property Department of Tannet Group aims to carry
out intellectual property agency services such as patent application, copyright
registration, copyright registration, and foreign trademark application. Under
the guidance of the China Intellectual Property Protection Center, we will further
promote intellectual property services at local and abroad, and providing
applicants with convenient and fast service channels.
For
more information on the requirements for trademark registration, please feel
free to call the Tannet Service Hotline: Tel: +603-21418908, Tannet Malaysia
Website: www.tannet.com.my, E-mail: mytannet@gmail.com.