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.
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
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
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
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