Information of Myanmar Newly Drafted Trademark Law for Singapore Trademark Owners. What to be prepare.

1. Major Facts of Myanmar Newly
Drafted Trademark Law

2. Eligible marks for Registration under New Trademark Law of Myanmar.
 Trade marks
Service marks,
Collective marks
Certification marks and
Geographical Indication (Section 14.5)
Eligible marks

3. Absolute grounds for rejecting Trade mark applications
 Section (10)
 Not distinctive for the goods and services for which registration is sought;
 Descriptive, since it describes the goods or services, quality, quantity, intention of use, value, origin,
production time or other characteristic of the products or services for which registration is sought;
Note:
Well-known among customers, used in good faith, continuously,
solely and exclusively by the applicant in Myanmar, shall be protected under the draft law.
 Against public order, morality, faith and conscience or venerated and cherished culture of Myanmar;
 Generic mark
 Misleads the public or trade circle.
 Fully or partially reproduction or imitation of a flag or other emblem or hallmark of Myanmar.
 Without authorization from the competent authority; fully or partially reproduction or imitation of the
armorial bearings, flag or other emblem, acronym, name or abbreviated name of any State or organization concerned;
 Prohibited Contents under Myanmar existing laws.
 Protected symbol under international agreements which Myanmar is a member state.

4. Relative grounds for rejecting Trade mark applications
 Section (11)
 Mislead mark
 mark affecting personality rights of a person or organization legally established
 Infringed industrial property rights of a third perty
 Mark filed in bad faith
 Similar or identical to a well-known mark and its goods and services.
 Similar or identical to a well-known mark with different classes of goods or services but related to the
well known mark’s goods and services, and its use would prejudice the interests of the well known mark
owner;
 A likelihood that its use would affect the interest of the owner of a well-known mark.

5. Granted for (10)years renewal
Section (25)
Publication for Opposition
Section (22-b
Substantive Examination
Section (20)
Formality Examination
Section (14)
Filing an Application
Section (12)

6. Entitlement of requisition:
An interested Party can
request invalidity
Invalidity action
under
Absolute grounds
Related Provision:
 Sections 2.G
 Section 10
Limitation of Request:
 No limitation of time
during the validity period of
a mark to cancel
under Section (48 d)
Official Concerned:
 Registrar
Invalidity action

7. Entitlement of requisition:
An interested Party can
request invalidity
Invalidity action
under
Related grounds
Related Provision:
 Sections 11
Limitation of Request:
 Within 5 years from the
registration date of a mark.
Official Concerned:
Registrar
Invalidity action

8. Remedies against infringement
Administrated Remedies
Section 66 to 74
Civil Remedies
Section 75,77 , 78
and 79(2)
Criminal Remedies
Section 79.3 &
4,84,86 and 94

9. Vital role of Trademark Registration under Current Practice.
Note:
 Trademark Authority shall be consider aforesaid information as a relevant ground for registration under the
provisions of new law.
 Thus, strongly recommend for registration and publication of caution notice to enjoy as a relevant ground for
registration under the provisions of new law.
 A trade mark application under new law shall contain the following
information and documents :
if a mark for which registration is sought is already registered at the
office of the sub Registrar of Deeds and Assurance, the applicant
shall submit a certificate (duly registered DOT) of such registered
mark;
Other required facts or information which may be issued by
Department from time to time
Section (14) of
Draft Trademark Law

10. Required Documents for Singapore Trademark Registration in Myanmar under current Practice
Abbreviation:
 Power of Attorney (POA)
 Declaration of Ownership of Trademark (DOT)
 China Council for the Promotion of International Trade (CCPIT)
• Duly Signed by TM Owner
• Endorsed by Singapore Society of Law
• Legalized at Myanmar Embassy .
POA
• Duly Signed by TM OwnerDOT

11. First Step:
• POA Signed by TM
Owner
Second Step:
• POA Notarized at Singapore
Notary Public
• Endorsed by Singapore
Society of Law
Third Step:
• Consularization at Myanmar
Embassy.
Power of Attorney Legalization/Consularization
Process for Singapore Trademarks Registration in Myanmar under current Practice
Abbreviation:
 Trademark/Service Mark( TM/SM)
 Power of Attorney (POA)
 Declaration of Ownership of Trademark (DOT)

12. First Step:
•Registration of TM
•Professional fees 120.00USD per
mark
per application
Multiple classes
Inclusively Stamp fees
 DHL courier
Second Step:
•Publication of Trademark Caution
Notice.
•Fixed Advertising Cost
•No Professional Fees
•No Hidden Cost
Third Step:
•Watch and Monitoring
•(Free of Charge)
Proceeding Steps for Singapore Trademarks Protection in Myanmar under current Practice
Registration of TM at The
Office of The Registrar,
Yangon
• Trademark Caution in Daily
Eleven Newspaper
 310.00USD per Advertisement
 17 cm x 12 cm
4 colors
Min: 1 TM to Max: 2TM
(Same owner/same description of
goods and services)
Trademark watch and
Monitor against Counterfeit
and prior Application

13. First Step:
• Fill Application for
Registration of DOT
• Stamped on POA and DOT
(3) Days
Second Step:
• Applied at Office of The
Registrar of Deeds,
Yangon
(21)Days
Third Step:
• Collection of Registered
Documents
Trademark Registration Process for Singapore Trademarks Registration in Myanmar
under current Practice
Abbreviation:
 Trademark/Service Mark( TM/SM)
 Power of Attorney (POA)
 Declaration of Ownership of Trademark (DOT)

14. Biz Law Consult Myanmar Company Limited
527(A-2), Zaya 18th Street
(10)Quarter, South Oak Ka Lar Pa Township
Yangon, Myanmar
+ 959 444 88 22 40 -41
+ 959 7975 33333
mintayza@bizlawmyanmar.com