Myanmar Trademark and Patent Service

AttyAid 缅甸办公室

AttyAid 参加第十三届亚洲知识产权营商论坛

The first Grand Opening trademark application in Myanmar after the implementation of the Myanmar Trademark Law.

AttyAid 拜会缅甸知识产权局访谈纪要

AttyAid 受邀参加缅甸4.26知识产权日活动

General
Documents requsted to complete application and formality requirements
Mandatory Use Requirements during prosecution from filing to registration
Time Frame for Obtaining Registration
Registration
Estimated costs
Mandatory Use Requirments in Post-Registration
Other issues in Post Registration

Prior-to-file or Prior-to-use?

First-to-file.

What's the general procedure for trademark registration?

1. 递交申请
2. 形式审查及绝对理由审查
3. 可异议公告）：60天
4. 无异议，注册缴费
5. 下发商标注册证书

Who can own a trademark?

自然人或法人 (a natural or juridical person)

Should the pre-filing search be mandatory, please advise the time costing for completion.

Is that possible to claim the priority, documents requested and formality requirements? How about the costs for claiming priority?

Does this jurisdiction use the Nice Classification System and which edition-version is currently used?

Will the class heading be accepted as the description of goods/services to be designated?

Will the application be examined in respect of both absolute grounds and relative grounds or just absolute grounds?

Whether trademark consisting of Chinese characters only is deemed as devoid of distinctiveness ?

Whether multi-class application is accepted, and any benefits of adopting multi-class applications?

Whether it is allowed to re-file the application for the same mark over identical or similar goods? If not, whether there is penalty or other liability for conducting such re-filings?

What's the general procedure for opposition?

Who can oppose the trademark?

Whether no response to the opposition by the opposed party will lead to refusal of the opposed trademark?

Whether all the evidence of opposition should be transferred to the opposed party?

Whether the losing party of the opposition is ordered to undertake expenses of the winning party? If no, whether the winning party has any remedy channel to claim damages from the losing party, at least for expenses of opposition proceeding?

How long it may take for concluding the examination on opposition?

Is the order of the application process as follows: examination, publication, registration?

Any information and documents requested for the filing purpose?

1.申请人名称及详细地址；
2.签字人名称及职位，并签署委托书（TM-2表格由我司提供）；
3.签署的委托书需经过公证（无需使馆认证），扫描件即可；
4.商标图样及详细的商品/服务项目清单；
5.如需申请优先权，则需提供优先权信息，包括优先权日和基础商标申请号等。

Is there any requirement on the position of the representative to be authorized to execute aforementioned documents on behalf of the applicant and any documents attesting the signatory's powers will be requested?

Should the signature affixed on the documents be both in Chinese and Pinyin, or name in Pinyin would suffice?

Apart from the signature, should the company seal/stamp of the applicant be affixed on the documents?

If any documents should be notarized or legalized? If Apostille would be accepted?

If scan copy of the executed documents will suffice or the originals will be required?

Will the Registry accept late filing of any of required documents? How long and how about the costs for late filing?

Will the proof of use be mandatory during the prosecution from filing to registration?

Please indicate the statutory time period for submission of mandatory Proof of Use, any extention permitted, both Declaration of Use/Non-use and Proof of Use will be requested or just Declaration of Use/Non-use will suffice and consequence on failure to meet the mandatory use requirements

Documents requested for submitting the Declaration of Use/Non-use and the formality requirements (like signature, company stamp, notarization or legalization, scan copy or original copy, etc.)

Acceptable Proof of Use

The approximate time from submission to obtaining the approval for DOU/Non-use (for a regular and smooth procedure)

Will any official document be issued to attest the approval of Declaration and or evidence, only in Electronic form or the physical copy will be issued too?

Your all-inclusive costs from application to approval of Declaration and or evidence (for a regular and smooth procedure from filing up to reporting and forwarding the approval document) with the breakdown of service fees, official fees, disbursement/tax and any other costs.

The approximate time from application to registration (for a regular prosecution, without opposition)

12个月起；官方暂无时限或审查进度

Will the registration certificate be in Electronic form only or the physical copy will be issued too?

纸质证书，但IPD当局也在积极推动电子证书举措，具体实施时间待定。

From which date, the beginning of the term of a registration is calculated, application date or registration date?

How long will be the initial term of registration and the subsequent valid terms?

Your all-inclusive costs from application to registration (for a regular and smooth procedure from filing up to reporting and forwarding the Registration Certificate) with the breakdown of service fees, official fees, disbursement/tax and any other costs.

Are there any mandatory periodical statements of use or other mandatory filings by the trademark owner being required in Post-Registration?

Please indicate the legal time period for submission, any extention permitted, both Declaration of Use/Non-use and Proof of Use will be requested or just Declaration of Use/Non-use will suffice and consequence on failure to meet the mandatory use requirements (invalid automatically, or being deemed abondened or become vulnerable to cancellation on the ground of non-use, or any other negative consequence, like unavailable to be assigned, renewed or some others)

Documents requested for submitting the Declaration of Use/Non-use and the formality requirements (like signature, company stamp, notarization or legalization, scan copy or original copy, etc.)

Aceeptable Proof us Use

The approximate time from application to obtaining the approval (for a regular and smooth procedure)

Will any official document be issued to attest the approval of Declaration and or evidence, only in Electronic form or the physical copy will be issued too?

What's the general procedure for invalidation of a registered mark?

官方暂无无效/撤销服务，详细流程需要在官方实施后告知。

Who can commerce invalidation proceedings?

How long it may take for concluding the examination on invalidation?

How and before what tribunals can a registered mark be enforced against an infringer (through administrative and/or judicial channels)?

Can infringement proceeding be suspended till the resolution of trademark validity in another prosecution or contentious proceedings before court/intellectual property/trademark office?

Are there criminal liablities for trademark infringement?

Timely, Accurate and Efficient Intellectual Property Services