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 from Burmese into English or vice versa upon the request of the Registrar;
(c) shall sign the translation with authentication, if such translation is required pursuant to Subsection (b).
3. An applicant for registration of a Mark
(a) shall indicate the following information in the application for registration:
i. request for registration;
ii. name and address of the applying individual or legal entity;
iii. name, NRC No., and address of the agent, if the applicant appoints an agent for this matter;
iv. clear and detailed description of the Mark;
v. goods and services for which the registration is meant to cover, pursuant to the international classification of goods and services for the purpose of registration of a Mark, and the name and types of goods and services.
(b) shall provide the following information, in addition to that of Subsection (a), if required:
i. if the application is submitted by a legal entity, the registration no. of the entity, the type of entity, and the country of origin;
ii. claim for priority right together with sound evidence showing the existence of said priority right, if the applicant makes a priority right claim;
iii. claim for exhibition priority right together with sound evidence showing the existence of said exhibition priority right, if applicant makes an exhibition priority right claim;
iv. documentation showing that the Mark has been registered, if the Mark for which the application is submitted has been registered with the Office of Registration of Deeds;
v. other requirements as set forth by the Agency and Department from time to time.
4. The date when the Department receives an application for registration of a Mark that meets the requirements set forth in Section 3 (a) shall be deemed the filing date of said application for registration in the Union after the applicant has paid the specified fee.
5. (a) Where more than one person submits applications for registration of identical or similar Marks on different days and there is a dispute over such applications, the Registrar shall permit registration of the Mark of the applicant that has submitted the earliest application for registration that satisfies the requirements.
(b) In submitting applications pursuant to Subsection (a), where applicants claim a Right of Priority or exhibition priority right and there is a dispute over such applications, the applicant whose application satisfies the requirements for registration and contains the earliest priority date shall be permitted to register the Mark.
6. If more than one applicant submits applications for registration of identical or similar Marks on the same day or claims the same priority date
(a) the Registrar shall direct all applicants to present the name of person whom they wish to nominate as applicant for the Mark after consulting with one another within an appropriate period;
(b) the applicants shall notify the Registrar of the name of nominee that they have designated as applicant for the Mark after consultation with one another as per the direction of the Registrar;
(c) where applicants do not reach agreement on such matter despite the direction of the Registrar under Subsection (a), such applicants shall comply with the decision made by the Registrar in the prescribed manner.
7. (a) An applicant for registration of a Mark
i. may make a request, upon payment of the prescribed fees, to the Registrar to amend the application, if it wishes to correct an error in the written words or other amendable errors in the application, translation, or other supporting documents, before the Registrar permits or refuses the registration of the Mark or before the Agency makes a decision regarding an appeal against the decision of the Registrar;
ii. may make a request to withdraw the application for registration of the Mark;
iii. may make a request, upon the payment of the prescribed fees to the Registrar to divide any application involving various goods or services into multiple, separate new applications or to limit or reduce the list of goods and services submitted without extending such list.
(b) In submitting new applications so divided under Subsection (a) (iii), the filing date of the initial application shall be deemed the filing date of the pplications so divided.
8. The Registrar may allow an amendment after examining the request made pursuant to Section 7, as per the prescribed conditions.
