2. Eligible marks for Registration under New Law.
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
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 Chinese 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
• Notarized CIPPT and Legalized at Myanmar Embassy Country
Concerned at following:
Myanmar Embassy (Beijing)
Myanmar Consulate General (Kunming, Yunnan)
Myanmar Consulate General (Hong Kong S.A.R)
POA
• Duly Signed by TM OwnerDOT
11. First Step:
• POA Signed by TM Owner
Second Step:
• POA Legalized at CCPIT
Third Step:
• Consularization at
Myanmar
Embassy/Consulate
General
Power of Attorney Legalization/Consularization
Process for Chinese Trademarks Registration in Myanmar under current Practice
Abbreviation:
China Council for the Promotion of International Trade (CCPIT)
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 Chinese Trademarks Protection in Myanmar under current Practice
Registration of TM at The
Office of The Registrar,
Yangon
• Trademark Caution in Daily
Eleven Newspaper
350.00USD 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 Chinese Trademarks Registration in Myanmar
under current Practice
Abbreviation:
China Council for the Promotion of International Trade (CCPIT)
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
