A. Officially speaking, there is no need to notarize the Deed of Declaration. (We need only the POA to be notarized and endorsed by the Myanmar diplomatic office in your home country.)
A. If there is no Myanmar Embassy or Consulate in your country, you can obtain the Legalization of the documents at the Myanmar Embassy or Consulate in the country, which is the nearest to your country.
A. The complete time frame for registration is three weeks after filing the application.
A. According to the Hague Convention Abolishing the Requirement of Legalization for Foreign Public Documents, an Apostille is an international certification comparable to notarization. A document issued in one of the signatory countries can be certified for legal purpose in all the other signatory states.
In Myanmar, the process of chain authentication is recognized. A document needs to be certified by the official in the Ministry of Foreign Affairs in the country where it originates and endorsed by the consular officer of the foreign country.
A. No. It is not compulsory. It is an established Myanmar practice to renew the registered trademark every 3 years. Once it is registered, it is valid indefinitely.
A. If the applicant registers his trademark officially, and does not renew it every 3 years, there will be no problem. The registration is valid forever.
A. Yes, it is worth to advertise the Notices in the daily papers. They remind the public for the awareness as to the proprietorship of the mark. It also carries the commercial value for the advertisement.
A. Referring to the leading ruling 'U Kyaw Vs. U Ba Aye 1962 BLR (CC) p.187', merely registration of a mark is not sufficient to decide the ownership of a mark. The right of ownership does not start from the filing date of the application. Instead, the ownership commence from using the mark earlier.
To be the first user of the mark is important to decide the bonafide ownership of the mark whether it is registered or not.
Above ruling says: 'The first user of the mark without registration has the right to prohibit the owner of the registered trademark, who is not an early user of the mark'. The above-mentioned ruling is still valid.