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March 14, 2018

Draft Myanmar Trademark Bill: Information and Documentation Required for Trademark Applications

Tilleke & Gibbins

Myanmar’s Trademark Bill is currently being considered by the Lower House of the Myanmar Parliament. Pending the enactment of the bill into law, trademark owners who plan to file applications under the new framework can begin their preparatory work by collating the necessary filing information and documents.

While the exact mechanics of trademark applications, official forms, and execution modalities of application documents are not yet known, Chapter 7 of the Trademark Bill does stipulate the information and documents required for filing trademark applications.

The Trademark Bill states that the following information must be submitted for a trademark application:

  • the request for registration;
  • the name and address of the person or legal entity applying for registration;
  • if the application is submitted by a representative on behalf of the applicant, the representative’s name and address;
  • clear and complete representation of the mark; and
  • names and types of goods and services requested for registration in accordance with international trademark classification.

The Bill also states that the following information and documents should be provided, where applicable:

  • the registration number, type, and country of origin of the entity, if the applicant is applying on behalf of a legal entity;
  • documents supporting, describing, and requesting the claim of priority right, if the applicant requests such right;
  • documents supporting, describing, and requesting the exhibition priority right, if the applicant requests such right;
  • a certificate of registration, if the mark in the application is registered at the Myanmar Office of the Registration of Deeds; and
  • other requirements that may be set from time to time by a directorate that will be established to oversee trademark registration.

Trademark owners who have existing Declarations of Ownership registered in Myanmar may use this opportunity to locate copies of these documents, and to audit their trademark portfolios in Myanmar.

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