FAQ

Filing procedures

Is it necessary to notarize the Deed of Declaration?

There is no Myanmar Consulate or business office in Taiwan and please let us have a solution to legalize the required documents.

We would like to know the time frame for completing registration process.

Do you accept an Apostille?

Renewal

Is it compulsory to renew a trademark registration every 3 years?

What results will there be if the applicant does not renew his trademark every 3 years?

Is it beneficial to publish the Notice in the daily papers?

Effect of Registration

Is it the first-to-file system to obtain the ownership of a mark?

Filing procedures

Q. Is it necessary to notarize the Deed of Declaration?

A. Officially speaking, there is no need to notarize the Deed of Declaration. (We need only the POA to be notarized and endorsed by the Myanmar diplomatic office in your home country.)


Q. There is no Myanmar Consulate or business office in Taiwan and please let us have a solution to legalize the required documents.

A. If there is no Myanmar Embassy or Consulate in your country, you can obtain the Legalization of the documents at the Myanmar Embassy or Consulate in the country, which is the nearest to your country.


Q. We would like to know the time frame for completing registration process.

A. The complete time frame for registration is three weeks after filing the application.

Q.Do you accept an Apostille?

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.  

Renewal

Q.    Is it compulsory to renew a trademark registration every 3 years?

A.    No. It is not compulsory. It is an established Myanmar practice to renew the registered trademark every 3 years. Once it is registered, it is valid indefinitely.


Q.    What results will there be if the applicant does not renew his trademark every 3 years?

A.    If the applicant registers his trademark officially, and does not renew it every 3 years, there will be no problem. The registration is valid forever.


Q.    Is it beneficial to publish the Notice in the daily papers?

A.    Yes, it is worth to advertise the Notices in the daily papers. They remind the public for the awareness as to the proprietorship of the mark.  It also carries the commercial value for the advertisement.

Effect of Registration

Q.    Is it the first-to-file system to obtain the ownership of a mark?

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.

Khin Maung Cho & Associates Intellectual Property Law Firm offers prompt answers to frequently asked questions about Trademark Registration and Renewal, Copyrights, Patents and Designs information in Myanmar. Links throughout the answers will guide you to further information on our website. For any other questions, please visit our Contact Us page or This email address is being protected from spambots. You need JavaScript enabled to view it.to us.