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Myanmar-Trademark
Myanmar has not enacted a Trademark Act that creates
proprietary right in a trademark through a registration
process. Rather the rights associated with a trademark are
established through the use of the trademark. There are no
specific guidelines that define the extent nature of use
required to establish rights in a trademark. However, it
would appear sufficient for a party to prove the
acquisition of a reputation for use superior with respect
to an established reputation and ranking of time.
Registration
It is possible to register a declaration of ownership of
trademark, however this does not establish proprietary
rights in the trademark. The primary function of a
declaration of ownership is to serve as an evidence in any
legal proceedings where the rights associate with a
Trademark Act per se, The Registration Act specifically
contemplates the registration of a declaration of Own
ership of Trademark. The Declaration of Ownership is a
solemn statement of fact that includes: the details of the
applicant; a statement as to the right of the applicant
with regards to the trademark is associated with; and a
statement as to the trademark in- tended to discourage the
fraudulent registration of a trademark.
There is no register specific to intellectual property
where the declaration is registered. Registration is
effected at the Office of the Registration of the Deeds
which serve as application for the registration of a
declaration of ownership.
1.The Declaration of Ownership
2.Power of Attorney on favour of a named individual to
register the Declaration of Ownership.
3. Specimens of the Trademark(10 copies)
Note: The Power of Attorney will need to be
notarized and then duly legalized by the Myanmar Embassy
or Consulate concerned.
An original copy of the declaration of ownership will be
returned to the applicant bearing
the department's official seal and containing a reference
to the date or registration as well as a registration
number.
This original copy service as a confirmation that the
registration process has been duly complied with.
A properly registered declaration of Ownership may serve
as prima facie evidence of the ownership of a trademark in
the event of legal proceedings
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