Trademarks Law in Myanmar
Certainly! Here’s an overview of Trademark Law in Myanmar:
Trademark Law in Myanmar
Legal Framework
Trademark protection in Myanmar is governed by the Trademark Law (2019), which modernized the IP regime.
The law is administered by the Department of Intellectual Property (DIP) under the Ministry of Commerce.
Myanmar is a member of international treaties including:
Paris Convention
TRIPS Agreement
Myanmar has recently joined the Madrid Protocol (effective 2023), allowing international trademark registration.
Key Features
1. What Can Be Registered?
Any sign capable of distinguishing goods or services, including:
Words, names, letters, numerals
Logos, designs, symbols
Shapes, colors, sounds (under certain conditions)
2. Types of Trademarks
Ordinary trademarks
Collective marks
Certification marks
3. Registration Process
Application filed with the Department of Intellectual Property (DIP).
Formal examination for compliance.
Substantive examination on absolute grounds (distinctiveness, descriptiveness).
Publication of the application in the official gazette.
Opposition period: 60 days.
If no opposition or opposition unsuccessful, the trademark is registered.
4. Duration and Renewal
Trademark registration is valid for 10 years from the filing date.
Renewable indefinitely for successive 10-year terms.
Renewal application must be submitted before expiration (with a grace period available).
5. Rights Conferred
Exclusive right to use the trademark within Myanmar for registered goods/services.
Right to prevent unauthorized use or infringement.
Rights to license, assign, or transfer the trademark.
6. Infringement and Enforcement
Civil remedies include injunctions, damages, and destruction of infringing goods.
Criminal sanctions apply in cases of counterfeiting.
Customs authorities assist in controlling counterfeit imports and exports.
Enforcement actions are through civil courts and administrative bodies.
7. International Treaties
Myanmar is a party to:
Paris Convention
TRIPS Agreement
Madrid Protocol (since 2023)
Myanmar adheres to WIPO standards and classifications.
Summary Table
| Feature | Description |
|---|---|
| Governing Law | Trademark Law (2019) |
| Registration Authority | Department of Intellectual Property (DIP) |
| Protection Duration | 10 years, renewable |
| International Systems | Paris Convention, Madrid Protocol, TRIPS |
| Enforcement | Civil and criminal remedies; customs actions |
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