Effect of Regsitration

Since there are no statutory laws on Trademark, it is not imperative to register a trademark .However the registration gives evidential values for determining the ownership of the mark, constituting prima facie in case of the litigation at a Court.

Although the registration is not a conclusive proof to decide as to the bona fide proprietorship of the mark, it is supportive to decide the date when he has used his trademark. So we strongly recommend to register the Trademark at the Registration of Deeds Office, Yangon.

At the same time, it is advisable the owner of the mark must be the first user of the mark in the Myanmar market. It is the most important factor for determing the bona fide ownership of the trademark.

Merely registering without using the mark in the market is not sufficient to determine for legal protection of the mark since Myanmar Judges uphold the common Law system to determine the ownership of the trademark. According to the case laws of the Myanmar Court, to be the first user of the mark is very important as well as the registration of the mark.

Summing up, we advise that the owner of the mark must be the first user of the mark in the market while registering.

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