At present in force, trademarks/service marks are registered by means of Declaration of Ownership at the Registration Office here, followed by publication of Trademark Cautionary Notices.
Documents requirement:
Declaration of Ownership of Trademark/service mark and Power of Attorney would be needed.
Declaration of Ownership:
Following information should be produced and/or pasted in the Deceleration of the Ownership of Trademark:
Name and address of the owner.
- Specification of goods and services.
- Proposed Mark, logo or device.
- NICE classification, if applicable.
- Prior date of used.
- Prior date of marketing at related jurisdiction.
A separate Declaration of the ownership is needed for each trademark & service mark application in Myanmar.
Power of Attorney (POA):
Following information should be produced in the Power of Attorney (POA):
Name and address of appointer (owner of the proposed mark).
Date of appointment.
Signed, notarized, legalized, and endorsed by Myanmar Embassy in the country concerned.
Note:
One Power of Attorney is sufficient for any numbers trademark/service mark of the same.
Declaration and Power of Attorney must be signed by the same authorized signatory on behalf of the owner/applicant’s. All Documents must be notarized and Notary Public’s signature should be legalized.
The signature of the Notary Public on the documents must be certified by the Myanmar Diplomatic Mission or Consulate in the country they are executed.
Declaration and Power of Attorney, executed outside Myanmar have to be filed for registration within (4) months from the date of documents execution.
Trademark Caution:
Publication of Trademark & Service mark cautionary notice is plays essential role of a trademark/service mark protection in Myanmar.
Therefore, publication of cautionary notice in Myanmar local newspaper and/or weekly Journal should follow soon after the completion of registration of a Trademark & Service mark.
The objective of publishing a cautionary is to notice to the consumer potential infringer or imitation. It is an established practice in Myanmar, it is not compulsory nor a stipulation by any law. Also, publication of cautionary notice is usually repeated after every three year.
Renewal of Trademark/service marks:
Renewal of registration is optional, not prescribe by laws.
It is an established practice to renew the registration in every (3) year for enforcement of the rights of owner.
Therefore, renewal of registration is recommended.