[1] requirements
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proceedings |
documents |
remarks |
time of filing |
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[application] |
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power of attorney |
- notarized & legalized original |
on filing date |
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mark |
- one sample |
on filing date |
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description |
- a list of goods/services in accordance with the International Classification for which the application is applied |
on filing date |
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declaration of ownership |
- signed original |
on filing date |
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[assignment] |
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power of attorney |
- notarized & legalized original |
on filing date |
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declaration of trademark assignment |
- signed original |
on filing date |
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[change] |
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power of attorney |
- notarized & legalized original |
on filing date |
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declaration of ownership change of name/ address |
- signed original |
on filing date |
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[renewal] |
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power of attorney |
- notarized & legalized original |
on filing date |
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declaration of renewal of trademark ownership |
- singed original |
on filing date |
[2] endorsement
To define the registration, renewal, assignment and change of name of address of trademark, the Myanmar Registry will endorse the Declaration with the trademark registration number and granting date and return it to the trademark owner. The Myanmar Registry does not issue a certificate of trademark registration.
[3] time frame
Normally, the average time from filing up to the registration will be about [3] months.
[4] cautionary notice
As mentioned above, the registration is not a complete solution to protect of trademark in Myanmar. Therefore, the publication of Trademark Cautionary Notice in local newspaper should be done after the registration of trademark. The purpose of publishing a Cautionary Notice is to inform the public about the registration and claim to ownership and warning against the potential infringement. In addition, the publication of a Cautionary Notice is necessary since the Registry Office does not allow searches by third parties, therefore the only way for the public to know about the trademark ownership are through Cautionary Notice. The publication of Cautionary Notice together with registration will strengthen the trademark ownership in case disputes or passing-off action. However, the publication of a Cautionary Notice is NOT mandatory by any law. It is an established practice in Myanmar.
Cautionary notices typically contain particulars of the trademark a specimen; the name and address of the owner; covered goods and services and their classes; and a short warning against infringement of the mark. In your case, the draft of the same is proper to be published.
[5] term & renewal
There is not any law to stipulate the term of protection of trademark registration as well as renewal procedure of trademark registration in Myanmar at present. The renewal is optional in consideration by registrant. However, as an established practice, it is recommended to apply for renewal of the registration in every 3 years by re-registering a Declaration of Ownership and re-publication of a Cautionary Notice. The Myanmar Registry Office will issue a new certificate with a new registration number for renewal action. So, indeed, the renewal is the re-registration of trademark. The old certificate of registration along with the new certificate of registration will be corroborative evidences of use if action has to be taken in the courts of law regarding ownership which the first use of the trademark is very important consideration by judgment.
| SUMMARY | [+] |
| PRACTICE | [+] |
| OUTSTANDING ISSUES | [+] |
