SERVICES


Myanmar-Trademark
Myanmar has not enacted a Trademark Act that creates proprietary right in a trademark through a registration process. Rather the rights associated with a trademark are established through the use of the trademark. There are no specific guidelines that define the extent nature of use required to establish rights in a trademark. However, it would appear sufficient for a party to prove the acquisition of a reputation for use superior with respect to an established reputation and ranking of time.

Registration
It is possible to register a declaration of ownership of trademark, however this does not establish proprietary rights in the trademark. The primary function of a declaration of ownership is to serve as an evidence in any legal proceedings where the rights associate with a Trademark Act per se, The Registration Act specifically contemplates the registration of a declaration of Own ership of Trademark. The Declaration of Ownership is a solemn statement of fact that includes: the details of the applicant; a statement as to the right of the applicant with regards to the trademark is associated with; and a statement as to the trademark in- tended to discourage the fraudulent registration of a trademark.
There is no register specific to intellectual property where the declaration is registered. Registration is effected at the Office of the Registration of the Deeds which serve as application for the registration of a declaration of ownership.
1.The Declaration of Ownership
2.Power of Attorney on favour of a named individual to register the Declaration of Ownership.
3. Specimens of the Trademark(10 copies)
Note: The Power of Attorney will need to be notarized and then duly legalized by the Myanmar Embassy or Consulate concerned.
An original copy of the declaration of ownership will be returned to the applicant bearing
the department's official seal and containing a reference to the date or registration as well as a registration number.
This original copy service as a confirmation that the registration process has been duly complied with.
A properly registered declaration of Ownership may serve as prima facie evidence of the ownership of a trademark in the event of legal proceedings

 

2008 by U MYINT LWIN LAW OFFICES IN MYANAMR. Prepared by DPS.Last Modified: Oct.1.2013 by MPPL.