From Geography to Goodwill: The Battle over Trademark Distinctiveness in Myanmar

Download For the past two decades, B. Lall (the Plaintiff) had been operating under the distinguished trademark "RANGOON OPTICAL WORKS," selling spectacles in the vibrant cities of Prome and Paungde. The Plaintiff detected that Mr. Ko Maung Ngwe sold spectacles under the same mark. As such, the Plaintiff filed a lawsuit against Mr. Ko Maung Ngwe (the Defendant) for their use of the same trademark, "RANGOON OPTICAL WORKS," in relation to spectacles. The core issue at hand was whether the term "RANGOON," with its geographical reference, could be deemed distinctive and protectable as a trademark in Myanmar. Case brief The Plaintiff's initial pursuit...

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Enforcing Trademark Rights in Myanmar – Essential Considerations

Download In the competitive landscape of business, trademarks are the lifeblood of a company's identity and reputation. They are symbols of trust, quality, and recognition in the market. The more well-known a mark is, the more vulnerable to infringement it is. However, as a trademark infringement case in Myanmar reveals, the more renowned a mark becomes, the more susceptible it becomes to infringement. This case sheds light on the intricate challenges involved in protecting a well-known mark within the vibrant market of Myanmar. Facts E. Mohamed Ebrahim & Anr, the Appellants-Plaintiffs, operated as importers and wholesalers, offering a diverse range of goods, including...

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What is the Process of Customs Recordal for Trademarks in Myanmar?

Download The Ministry of Planning and Finance of Myanmar issued Notification No. 50/2023, outlining the rules, requirements, and procedures for registered trademark owners to safeguard their intellectual property rights through customs recordation. This notification provides a framework for trademark owners to avail customs protection against counterfeiting and protect their brands in cross-border trade. Customs recordal or customs watch (customs supervision) is of paramount importance as an IPR enforcement strategy for IPR holders in Myanmar. The customs authority in Maynmar serves as a gatekeeper, playing a crucial role in preventing the entry of trademarked counterfeits into the country. By prioritizing customs recordal or...

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Trade Name Protection in Myanmar: What You Need To Know

Download Trade names play a vital role in distinguishing one business from another, contributing to brand recognition and reputation. In Myanmar, trade names are considered intellectual property subject matter and are granted protection under the Trademark Law. At KENFOX, we recognize the significance of trade names and their role in shaping a business's success. As a prominent intellectual property law firm in Myanmar, we are dedicated to providing comprehensive IP services to safeguard and enhance our clients' intellectual property assets, including trade names. In this article, we delve into the concept of trade names in Myanmar, explore the extent of their...

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Registering and Protecting Geographical Indications in Myanmar: 10 noteworthy points

Download Geographical Indication (GI) holds significant importance in safeguarding the unique identity and quality of goods originating from specific regions or territories. A Geographical Indication is defined under Section 2 of Myanmar’s Trademark Law as an indication which identifies any goods as originating from a particular country, territory or a region, where a given quality, reputation or other distinguishing characteristics of the goods is indicative of its geographical origin. The primary objective of GI protection in Myanmar is to preserve the distinctiveness and reputation of goods linked to specific geographic areas, ensuring consumers can trust the authenticity and unique attributes of...

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What Are the Penalties for Counterfeiting Offenses in Myanmar?

Download Preserving intellectual property rights plays a pivotal role in stimulating innovation, nurturing creativity, and promoting equitable competition within any economy. Recognizing this significance, Myanmar has implemented rigorous legislation to tackle counterfeiting effectively and protect the rights of intellectual property owners. Within the legal framework of Myanmar, Sections 87 to 92 delineate the consequences for offenses associated with counterfeiting and unauthorized use of protected marks. This article explores the essential provisions of these sections, underscoring the government's unwavering dedication to safeguarding intellectual property rights. Offenses for commercial purposes Section 87 of Myanmar's Trademark Law prescribes various offenses committed with a commercial intent and...

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What Factors Should You Keep In Mind When Filing A Trademark Opposition In Myanmar?

Download In Myanmar's dynamic and evolving business landscape, trademarks play a pivotal role in differentiating brands and establishing consumer trust. The country's recent enactment of the Trademark Law provides a robust framework for intellectual property protection, empowering businesses and individuals to safeguard their brand identities. A key aspect of this process is the ability to file an objection or opposition to a trademark application, ensuring that only eligible and deserving marks are granted registration. In this comprehensive guide, we explore the procedures, important considerations, and legal aspects of filing an objection to a trademark application in Myanmar. At KENFOX, we understand the...

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How Are Border Control Measures Enforced to Safeguard Trademark Rights in Myanmar?

Download Intellectual property rights are essential for fostering innovation, creativity, and economic growth. In an effort to safeguard these rights, Myanmar has implemented a customs recordal procedure, as stipulated in the new Trademark Law under Sections 68-76. In addition, Myanmar’s Ministry of Planning and Finance issued Notification No. 50/2023, which sets out the rules, requirements, and procedures for registered trademark owners to protect their intellectual property rights through customs recordation. This procedure empowers right holders to take swift action against counterfeit goods entering the country's trade routes. By providing a clear framework for examination and decision-making, the law aims to protect...

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Effective Legal Routes to Tackle Trademark Infringement in Myanmar

Download Myanmar's commitment to safeguarding intellectual property rights (IPR) and fostering innovation-driven growth is evident in its comprehensive Trademark Law, which provides a robust framework for right holders to protect their trademarks against infringement. Sections 77-86 of the law outline the options, responsibilities, and measures available to right holders seeking to take action against trademark violations in the country. In this article, we delve into the key provisions of these sections, shedding light on the procedural aspects and civil remedies available to protect trademark rights in Myanmar. Options for right holders to enforce trademark rights In Myanmar, right holders facing trademark infringement have...

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Trademark invalidation and cancellation in Myanmar – Critical Considerations

Download Myanmar, a nation with a rich cultural heritage and a burgeoning economic landscape, has made remarkable strides in strengthening its legal framework for trademarks. With the enactment of the Trademark Law, the country has demonstrated a commitment to protecting and preserving the integrity of registered marks. At the heart of this legislation lie Sections 50, 51, and 52, pivotal provisions that tackle crucial aspects like invalidation, cancellation, and the prohibition of the use of canceled or refused marks. Together, these sections play a pivotal role in empowering stakeholders, fostering fair competition, and ensuring transparency within Myanmar's trademark system. In this...

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