Value of Trademark and Service Mark Application in Myanmar.

Myanmar Trademark & Service mark Registration and/or application plays one of the most important roles in protecting of the Trademark & Service mark.

It has a strong protection for the mark by registration. Registration of a Trademark & Service mark in Myanmar is a relevant factor for the purpose of determining the date since which the owner had intended to claim the mark as his.

Registration is afforded in order to introduce an action against a third party which has passed off similar goods bearing the offending mark, thereby misleading the public.

 Additionally, Myanmar Trademark & Service mark registration gives an evidential value in case of dispute at a court.

Moreover, apart from evidentiary value the practice of registering the Trademark & Service mark has become necessary to take proceedings in the courts of our country, especially where no trademark Act has been promulgated.   

What is Trademark search in Myanmar?

Trademark search is a preliminary status of Trademark registration process and we do is recommended.

But, recently Official trademark search is not available in Myanmar Registry Office.

In this situation, proposed trademark owner conducting a private search on the base of newspaper publications and web based First Myanmar International Trademark Report,www.tmlisting.com as free of charge.

By the reason that most of the trademark registrations are usually followed by publication of the Cautionary Notice in the designated local newspaper for public awareness.

While there is no official search system, this private search practice gives valuable help to the trademark owners up to an extent.

What is www.tmlisting.com ?

www.tmlisting.com is The First Myanmar online free of charge trademark search system  arranged and circulated by the support and cooperation between U NYUNT TIN ASSOCIATES Intellectual Property Law Firm and MSP Consultant (Thailand) Co., Ltd (Int'l Division of U Nyunt Tin Associates).

Why www.tmlisting.com ?

It found that, conducting the prior similarity trademark search process in Myanmar IP protection environment is rather difficult and costly for International Law Firms, Trademark agents and IP owners, since there is no digitalized data and/or computer-based access to foreign trademark information resources in Myanmar.

What is the advantage of www.tmlisting.com ?

www.tmlisting.com consists (4310) registered int'l trademarks under Myanmar law for year 2004 to 2008 mainly based on trademark registration and publication of caution notices.

Its can be a useful tools and vehicle in conducting the prior similarity trademark search for International Law Firms, Trademark agents and IP owners.

Who can enjoy with www.tmlisting.com ?

Every registered individual and/or juristic person can enjoy www.tmlisting.com

What are the registrable marks under Registration Act of Myanmar?

There are (2) types of trademark which are protected in Myanmar:

1) Trademark.

2) Services Mark.

What is the recent practice of Trademark registration in Myanmar?

Under the law 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. And renewal of Registration and re-publication in every three year.

Who can apply for a registration of trademark in Myanmar?

Applicant and or agent should be a Myanmar nationality and/or inventor or a juridical person with contact address within the Union of Myanmar and foreign trademark owners can also apply by its Myanmar agent.

Where can apply for Trademark registration in Myanmar?

As current practice, most of the foreign trademark registration can apply at Office of the Registrar, Registration office, Yangon.

What are the required documents for trademark registration?

Deceleration of Ownership:

A separate Declaration of the ownership is needed for each trademark & service mark application in Myanmar. 

Power of Attorney:

One Power of Attorney is sufficient for any numbers trademark/service mark of the same owner. 

Deed of Assignment:

5% Stamp fees will be calculated on consideration amount of assignment deed.

(10) Specimen of proposed trademark:

Both the documents Declaration and Power of Attorney must be fully authenticated i.e. signed, notarized, legalized, and endorsed by Myanmar Embassy in the country concerned.

Any documents, Declaration and Power of Attorney, executed outside Myanmar have to be filed for registration within (4) months from the date of documents executed. 

What is a role of Trademark agent in Myanmar?

According to current Trademark practice of Myanmar, Applicant and or agent should be a Myanmar nationality and/or inventor or a juridical person with contact address within the Myanmar, therefore for foreign trademark owner must appoint an agent to do all act on behalf by means of Power of Attorney.

How long does it take to register a trademark? 

As current practice, approximately 1 month.

What is the role of Trademark Caution Notice in Myanmar?

Publication of Trademark & Service mark cautionary notice in Myanmar plays a great part of a trademark/service mark Protection.

The objective of publishing a cautionary notice in is to keep reminding the public the ownership of the Trademark & Service mark and thereby warding off a potential infringer or imitation, on the other hand, puts weight on the ownership of a Trademark & Service mark in case of litigation at a court, if there is any.

However, it is not compulsory nor a stipulation by any law. It is an established practice in Myanmar. Also, publication of cautionary notice is usually repeated after every three year. Additionally of course, such a publication has a definite trade advertising and commercial value. 

Therefore, publication of cautionary notice in Myanmar local newspaper (by representation of U Nyunt Tin Associates Intellectual Property law firm) should follow soon after the completion of registration of a Trademark & Service mark.

Recommended daily and weekly journal:

Premium:

·         The Mynmar Times.

Competitive rate:

·         The Weekly Journal.

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What is CRMS ?

CRMS is a Client Relationship Management System, to carry out client’s IPRs application with timely and informatively.

Who can be used?

·         Esteem Valuable clients and associates law firms of U Nyunt Tin Associate Intellectual Property Law Firm can be used.

Are there any extra charge?

·         No extra charge.CRMS is value added services of U Nyunt Tin Associates.

·         User (clients and/or associate law firms) can track & trace their IPRs application status via online web based CRMS at 24hrs a day, 7 days a week from any foot step of global.

How its work?

CRMS will automatically inform to the relevant IP Owner and / or IP Agent the development status of respective application via email and / or electronic medium.

How to login?

·         Please registered and produced provided Username & Password within relevant fields.

·         Then click Login button.

How to view the record?

·         Please click show record button (new window will be appear).

How to view categorized records?

·         Please click relevant show detail button.

How to download the records?

·         Please click download button.

How to close the new window?

·         Please click close window button.

Are there any Myanmar Law Firm providing such service likes CRMS?  

·         Obviously No, U Nyunt Tin Associates, Intellectual Property Law Firm, are the first and foremost proudly introduce you with CRMS (Client Relationship Management System).  

·         We, U Nyunt Tin Associates Intellectual Property Law Firm are one and only ICT based Myanmar law firm.

Special flat rate package system.

What is the special rate package system for Trademark Registration in Myanmar?

Special flat rate package system for trademark registration in Myanmar consists from Trademark Search, Trademark registration and publication of caution notice.

What is the advantage of Special Flat Rate package?

Special flat rate package system for trademark registration in Myanmar can give advantages and benefit for Trademark owner and international agent as follows:

Advantages and benefits;

·         Cost saving from accurate flat rated cost, save tax and bank charges.

·         Single instruction can save time and barriers.

·         The Weekly Journal.

·         Comprehensive protection with current practice of Myanmar trademark registration system.

How to get in favor privilege on special rate package system?

It’s very simple, you can stated and/or request for special flat rate package system in your very first instruction letter. And follow a guide and /or request arranged by our associate’s staff.

What is the trademark renewal practice in Myanmar?

In Myanmar, renewal of registration is optional. Law does not prescribe it. However, it is an established practice to renew the registration in every (3) year to make the ownership and the owner’s rights to the Trademark & Service mark more forceful in case of litigation at a court, if there is any.

Therefore, renewal of registration is recommended.

It is to be said that the owner of the Trademark & Service mark has better protection of it by renewal. Renewal of registration in every three year shows that the owner is still using its Trademark & Service mark in Myanmar.

So, renewal of Trademark & Service mark registration in every three years is recommended.

Our next innovation.

Customized secured web based programmed, Intellectual Property Management System (IPMS) will be introduced soon and will be assist & provide fulfill service requirements for our esteem client and associate.

·         Our esteem client and associates can be browse, edit, download, print and mail their IPRs portfolio from our web based (IPMS) system.

·         We can say that, we are ready for 2013 New IPRs law of the Union of Myanmar.