At present, there is no trademark act per
se in Myanmar (Burma) for the protection of trademarks or service
marks. However, there is a registration procedure in place whereby
applications can be filed in Myanmar for the registration of Declarations
of Ownership of trademarks or service marks.
Instruction
Notes
Registration:
Declarations of Ownership of trademarks
or service marks are registered with the Office of the Registration
of Deeds. In filing an application for registration of ownership,
the following documents are required:
- A
Power of Attorney executed by the applicant.
- Declaration
of Ownership executed by the applicant which should provide
full particulars of the applicant including name, registered
address, incorporation information, as well as a description
of goods or services covered by the trademark/service mark.
- Copy
of trademark/service mark registration in home country.
- Ten
specimens of the trademark or service mark.
- Documents
1-3 must be duly notarized, authenticated by the Department
of Foreign Affairs of the home country, and endorsed by the
Myanmar Embassy/Consulate/Diplomatic Mission in that country.
The endorsement of the Myanmar Embassy must bear a legalization
number.
On
the completion of registration formalities, the Declaration of
Ownership is assigned a registration number along with application
date, registration date and renewal date. The registered instrument
with appropriate official stamps and notations is then returned
to the applicant.
Cautionary
Notice:
The protection period is not prescribed by law. However, following
completion of registration, it is an established practice for
a Trademark Cautionary Notice to be published in a local English
daily once every 3 years to remind the public of the ownership
of a trademark and ward off any possible passing off or infringement.
The Cautionary Notice is not compulsory. A typical Cautionary
Notice includes the name of the trademark/service mark owner,
a reproduction of the trademark/service mark and its Myanmar Registration
No., the goods or services covered by the mark, and a warning
that any fraudulent imitation or unauthorized use would be dealt
with according to the law.
Renewal:
The validity period of a registration is
3 years. On renewal, a Power of Attorney and Declaration of Ownership
of trademark or service mark would be required. These documents
should be notarized, certified and legalized as in (1) above.
Search:
Application for search is not accepted by
the Registration Office in Myanmar. However, a search can be done
by trademark lawyers privately at reasonable charges. Since it
is rather difficult and almost impossible to conduct a search
without a registration number or year of registration if the trademark
has ever been registered in Myanmar, it is advisable to file for
registration itself to save time and additional expense.
Assignment:
Assignment of a trademark in Myanmar is
very costly. It is advisable for the applicant to have the assignment
executed in the country concerned and then register the assignment
in Myanmar. In this case, a Declaration of Assignment and Power
of Attorney duly notarized, authenticated and legalized (as in
1 above) are required.
- Services
Offered by Tilleke & Gibbins via Bangkok Office
-
- Application for Registration or Renewal
of Trademark
- Preparation and Publication
of Cautionary Notice
For more information, please
contact Ms. Vipa Chuenjaipanich,
Co-Managing
Partner and Managing Director, Intellectual Property Department,
Tilleke & Gibbins (e-mail vipa.c@tillekeandgibbins.com).
(Updated April 1, 2001)
ŠTilleke
& Gibbins, Bangkok, Thailand
