Myanmar’s New Trademark Law: What Foreign Business Owners Need to Know

Description: 

"What are trademarks? Under the new Myanmar Trademark Law 2019, trademarks are defined as any visually perceptible sign that distinguishes the goods or services of one undertaking from those of other undertakings. This includes an individual’s personal name, letters, numerals, graphical representations, and combinations of colors. Nevertheless, it is important to note that not all trademarks are registrable. For example, an application to register trademarks that are deemed to lack distinctiveness, or are directly descriptive of goods or services, will be refused. An application may also be rejected if the trademark is applied for in bad faith, or is identical or confusingly similar to a third party’s trademark. I have already registered my trademarks in my home country. Why do I need to file new applications in Myanmar? Trademark rights are territorial in nature. This means that the ownership of a registered trademark in another country will not be sufficient for you to establish grounds for trademark infringement, if your trademark is used by an unauthorized third party in Myanmar. If you are using (or if you are planning to use) your trademark in Myanmar, it is highly recommended for trademark protection to be sought here. You may also wish to consult your trademark agent on the possibility of claiming the priority date of your foreign trademark applications in Myanmar..."

Creator/author: 

Sher Hann Chua

Source/publisher: 

"LEXOLOGY"

Date of Publication: 

2019-09-25

Date of entry: 

2019-09-25

Grouping: 

  • Individual Documents

Category: 

Countries: 

Myanmar

Language: 

English

Resource Type: 

text

Text quality: 

    • Good