Myanmar
IP resources and filing guidance
Criteria of Registrability
A trademark is available for registration if it is distinctive for the goods or services for which the mark is applied, and is not deceptive or contrary to morality and public order.
Signs that cannot be used as trademarks include those identical with or confusingly similar to:
- The national flags or national emblems;
- Emblems, flags, or names of state agencies, political organizations, or international organizations, unless permitted by such agencies;
- Real names, alias, pen names, or images of leaders, national heroes, or famous persons;
- Certification seals or control seals of international organizations which require that their signs must not be used;
- Signs liable to mislead, confuse, or deceive consumers as to the origin, quality, value, or other characteristics of the goods or services.
Distinctiveness of marks
A mark shall be considered distinctive if it consists of one or several easily noticeable and memorable elements, or of many elements forming an easily noticeable and memorable combination.
A mark shall be considered indistinctive if it is a sign falling into one of the following cases:
- Simple shapes and geometric figures, numerals, letters, or scripts of uncommon languages, except where such signs have been widely used and recognized as a mark;
- Conventional signs or symbols, pictures, or common names of goods or services that have been widely and regularly used;
- Signs indicating time, place, method of production, category, quality, properties, or other characteristics descriptive of goods or services;
- Signs describing the legal status and business field of business entities;
- Signs indicating the geographical origin of goods or services, unless registered as collective marks or certification marks;
- Signs identical with or confusingly similar to another person's mark registered or widely recognized for identical or similar goods or services.
Ready to take the next step?
Get a free initial consultation
Our attorneys are ready to advise you on protecting your intellectual property across Southeast Asia. We typically respond within one business day.
Contact Us