Trademark

Myanmar has finally enacted its long-awaited Trademark Law on January 30, 2019. A summary of the provisions of the new Trademark Law is provided below: To enjoy statutory protection under the new Trademark Law, all existing trademarks recorded in Myanmar must be registered under the new system. Under this first-to-file system, if two or more
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Trade names shall be protected without the necessity of filing for registration, irrespective of whether the trade name forms part of a Mark. If a name or denomination is contrary to public order or morality due to the nature of such name or denomination or due to the use of such name or denomination, especially if the use of
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1. If the Owner of a Mark complies with the provisions of Chapter (11), it shall be entitled to the rights attached to a registered Mark provided in this Chapter during the term of registration. 2. (a) Subject to the provisions of Section 39 and 40, the Owner of a Mark (a) as exclusive right,
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1. A person who wishes to apply for registration of a Mark to obtain rights in said Mark may submit an application to the Registrar as per the specified requirements. 2. An applicant for registration of a Mark (a) may prepare an application for registration in Burmese or English; (b) shall have the application translated
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1. If any legal entity that represents the following people in a locality where the relevant goods are manufactured wishes to register a Geographical Indication, it shall file an application for registration with the Registrar in accordance with the requirements: (a) Persons who exploit natural products or produce products made of natural resources; (b) Manufacturers of
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1. If any Mark falls into any of the following categories, such event shall be deemed an absolute ground for refusal of registration and such Mark shall not be registered: (a) Marks devoid of any distinctive characteristic; (b) Marks that consist exclusively of signs or indications that may serve, in trade, to designate the kind, related
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Regarding the above mentioned matter, we would like to advise you that the Trademark Law (Pyidaungsu Hluttaw Law No. 3, 2019) shall officially be taken into effect in Myanmar in January 2020. Accordingly, all trademarks that have been used or registered in the form of “Declaration of Ownership of Trademark” need to be re-filed at
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Myanmar neither has promulgated the intellectual property law in which includes legislation covering trademarks nor provides a formal system of IP rights registration. A trademark in Myanmar may be registered by means of a declaration of ownership under Part III: Of Registrable Documents, Section 18 (F) which is provided for registration of Trademarks by Direction 13 of the
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