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The Trademark Law in Yangon, Myanmar, was recently updated in 2019 bringing in modern standards of brand protection. It replaces the registering system that dates back to the colonial era and places Myanmar in alignment with international trademark norms. Under this law, trademarks must be well-differentiated and distinctive to be registrable. It protects owners from others who try to profit from or damage their brand reputation by using a similar or identical mark. This law applies to residents and businesses operating within Yangon and across Myanmar.
A lawyer can help you if someone is using a trademark similar to yours, potentially causing confusion among customers. They can also assist if someone alleges that you are infringing on their trademark. A lawyer can help file a trademark application accurately to avoid litigation and assist in developing a plan to protect your trademarks. Additionally, lawyers guide individuals and businesses in the maintenance and enforcement of trademark rights, as well as dispute resolution.
The new Myanmar Trademark Law introduces the "first-to-file" system, replacing the "first-to-use" concept. This means that the first person to file the trademark owns it, regardless of who used it first. The law provides procedures for the registration, transfer, revocation, and renewal of trademarks. It establishes a Trademark Office for recording and registering trademarks. Trademark protection is valid for 10 years from the date of application, after which it can be renewed every 10 years.
No, international trademarks must be registered by their owners or authorized representatives. Unauthorized registration of such trademarks is considered illegal.
The process can take up to one year, but during this period you're protected, provided your application is approved.
If you do not renew your registration before it expires, you may lose your exclusive rights to the trademark. It could then be registered by another party.
Yes, registered trademarks can be transferred or assigned to others under Myanmar Trademark Law.
Yes, trademarks registered under the old law must be re-registered under the new law to continue enjoying protection.
The Myanmar Intellectual Property Office (IPO) can provide helpful resources on trademark law. Consider reaching out to local legal associations such as the Myanmar Bar Association for legal assistance and advice.
If you need legal assistance in trademark in Yangon, consult a professional specializing in intellectual property rights. Prepare relevant documents to support your claim or defense, including your trademark registration certificate or proof of use, in case of disputes. If you're registering a new trademark, ensure it's distinctive and does not infringe upon existing trademarks.
