What is trademark in Myanmar

Myanmar is a developing country in Southeast Asia that has a friendship and multifaceted cooperation with Vietnam. Due to this cooperation, in recent years, the number of Vietnamese enterprises established in Laos has been increasing rapidly. However, since there’s no proper trademark law in Myanmar, it shall be difficult for individuals and organizations to know and understand about the procedure of trademark registration in Myanmar.Therefore, hereinafter, we will consult you about this matter as follow:

1, What is trademark in Myanmar?

Myanmar has no promulgated law for trademarks, but registration can be obtained under Section 18(F) of Registration Act. Under this Act, “Trade Mark” means a mark used or proposed to be used in relation to goods for the purpose of indicating or so as to indicate a connection in the course of trade between the goods and some person having the right, either as proprietor or as registered user, to use the mark whether with or without any indication of the identity of that person.

2, Registable sign

The following signs below are capable of distinguishing the goods or services of on personthe origin from another:

– Words;

– Names;

– Devices;

– Certain three-dimensional shapes;

– Colours;

– Slogans;

– Holograms;

– Motion;

– Trade dress/get-up.

3, The followings are not the signs of registrable as trademarks:

– Marks contrary to moral standards or public order;

– Generic terms;

– Names, flags or symbols of states, nations, regions or international organizations;

– Non-distinctive trademarks, absent a showing of acquired distinctiveness ( secondary meaning)

– Marks that function principally as surnames;

4, Time frame for obtaining registration

In the absence of trademark law in Myanmar, there is no statutory term for which a trademark is registered. Normally, the time frame of trademark registration is about 2-4 months.

5, Why you need to register trademarks in Myanmar

The truth is, trademark registration is not compulsory. The only problem for an unregistered trademark is the trouble you have to go through to prove your trademark rights. The process can take a long time and can be very expensive. Further, your claim must be supported with enough or sufficient evidence to prove that you are the first user of your mark.

However, it is advisable for you to register your trademark, since having a registered trademarks has helps gain many advantages:

– It provides prima facie evidence of ownership and validity

– It provides national protection

– It allows the owner to use “Registered Trademark” or other suitable terms or abbreviations to demonstrate the ownership of the trademark.

– It helps to prevent others from unlawfully using the trademark

– It allows the registrant access to bring actions in particular courts;

– It provides a defense to infringement;

– Enforcement of an unregistered trademark is more difficult and more costly than enforcement of a registered trademark;

– It confers the ability to recover maximum monetary damages for infringement;

– It encourages licensees and provides the opportunity to generate royalties through licensing.

Please click here to know the fee of trademark registration in Myanmar. Also, you can visit here to see the procedures and required documents for trademark registration in Myanmar.

Contact: info@globaliprights.com

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