Q9. What kind of rights are granted to trademark owners?
A: The following rights are granted:
- The right to prohibit the use of trademarks of others
- The right to bring a civil action or criminal action, or both of them against a trademark infringer
- Rights to permit assignment or use
Q7. What is protected under the Trademark Law?
A. Under Myanmar Trademark Law, a mark is defined as a visual mark that includes a personal name, letters, numbers, graphic elements, color combinations, or a combination of these.
Therefore, sound or smell are not included in the protection.
Regarding the operation of the Trademark Law enacted on January 30, 2019, Myanmar government will start soft opening of the registration system in 2020 and will start full-scale system six months later.
1. Soft opening
The WIPO file software system is for the purpose of trial operation of the online filing system and the start date of the trial operation period will be announced upon notification from the Ministry. The pilot period is six months and existing trademarks must be submitted within that period.
2. Trademarks that can be registered during soft opening
- Trademarks registered at the Registration of Deed office based on the Registration Act 1908 or 2018
- Trademarks used in the market but not registered in the Registration of Deed Office
3. Persons who can apply for trademark registration
- Myanmar citizens appointed by the applicant (owner)
- Myanmar lawyer
4. Documents required for trademark registration
- Application form (TM1 form)
- TM2 form or POA (use of TM2 form is recommended)
- If the trademark has already been registered, a document that proves the registration(newspaper advertisement, bill, or certificate)
Trademark registration fees are collected on a class-by-class basis and payment shall not exceed Singapore’s trademark registration fee
A: It is 10 years.
You can renew it every 10 years and must renew within 6 months.
However, a 6-month grace period is given after the expiration date, and if it is within the same period, you can renew it by paying a delay fee in addition to the prescribed fee.
A. There is no provision for duration in the Registration Act1909.
However, it is common practice to post a warning in the newspaper every three years due to Myanmar customs.
A. Depending on the size of the warning text in the newspaper, it will cost around 700 to 1,500 USD in total.
A. By submitting the following required documents to the registration office, a registration number will be given by the registration office.
After that, registration is completed by posting a warning in a newspaper published in Myanmar. The estimated time to complete registration is about 1-2 months.
(1) Ownership declaration
(2) Power of attorney
(3) Documents related to the company registration (copy)
(4) Board meeting minutes regarding trademark registration (both Myanmar and English versions required)
A: Registration under the trademark law is not possible.
However, you can register the trademark owner declaration under the Registration Act by registering the trademark at the registration office and posting a warning in the newspaper.
A: There are four kinds of the law related Intellectual property law in Myanmar. All of them were enacted in 2019. The enforced date has not been determined yet, and the Intellectual Property Office that oversees intellectual property has not been established yet. Therefore, it is still unclear when the actual operation will begin.