Q. There is no need to renew if we wait for the new Law, is there?
A. Before the new Trademark Law comes into force, it is to renew the marks as usual according to the existing regimes so that you are entitled to the priority i.e. you possess all the previous registered numbers in conformity with the new Law.
Q. When the new law comes into force, does my client have to apply again for all the previous registered marks to be registered under the new law?
A. To commence the new Law may take a year or more than that. Before the beginning of the new Law, we have to follow the prevailing laws as usual. The trademark owners must file new applications to obtain the protection for their registered marks, having the priorities if they re-apply their marks according to the new Law. There is no automatic conversion of the past registrations of the marks under the new Trademark Law.
Q. Can we file a new trademark application at present?
A. If you file a new trademark application at present, you are entitled to the priority, having the validity of the mark by re-registering in accordance with the new Law.
A. We require the Power of Attorney (POA) and Declaration of Ownership of Trademark (DOT) notarized and endorsed by the Myanmar Embassy in your country.
A. If not, you can obtain the endorsement from the Myanmar Embassy of your nearest country.
A. The complete time frame for registration is two 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.
A. The caution notice is not mandatory. It will not affect the legality of the mark. The purpose of publishing a caution notice is to remind for the awareness of the public and to prevent the infringers to misuse the registered trademarks fraudulently after registering the trademarks. This is also the circumstantial evidence to be put forward before the court in case of litigation. On top of it, the registration number can be traced by the record collectors in the Intellectual Property Law Firms. Frankly, there is still no official trademark search. It can be done unofficially.
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.