17 February 2006 (MIP WEEK)

In Myanmar, there is no Trademark Law. Protection for a trademark can only be obtained by filing an application together with a Power of Attorney and a Declaration of Ownership.

The Declaration of Ownership is then registered with the Office of the Registration of Deeds, to which is assigned an application date and number as well as a renewal date.

There is an established practice for trademark owners to ask for a cautionary notice, of which a sample is below, to be published in a local English daily, in order to remind the public of the ownership of the trademark as well as a warning of possible passing off or infringement. In case of litigation, the publication of the Cautionary Notice will put weight on the ownership of the mark. It is not compulsory but well recommended to proceed to, right after the registration of the Declaration of Ownership.

Renewal of a registration is optional in Myanmar, as well as the publication of the cautionary Notice, even if usually it is repeated every 3 years. Such a publication gives trade advertising and commercial values.

©patrick mirandah co.
Gladys Mirandah is the Director for  patrick mirandah co, an Intellectual Property firm based in Singapore and Kuala Lumpur. pmc also have offices in Vietnam and Indonesia, with affiliate in India, and specialize in patents, trademarks, copyright, designs, litigation, licensing and franchising. She can be contacted by email at gladys@mirandah.com.