【 Myanmarfollows the principle of prior application. Only the first applicant who hassubmitted an application that meets stipulations to register his mark.
If more than oneapplicant request the registration of identical or similar marks on the samedate or if the right of priority dates are the same: the Registrar must directthe applicants to negotiate this matter amongst themselves and to resubmit thename of the applicant whom will register his mark within the prescribed period；according to the Registrar’s directions, theapplicants must report the name of the applicant, whom all the other applicantsnominate for the registration of his mark, to the Registrar；if the applicants cannot reach an agreement although the Registrarhas instructed them to do so according to the above instructions, they mustfollow the decision made using the prescribed method.】
【The applicantmay claim the right of priority.
If a person whohas initially applied for registration of mark in a Member State of the ParisConvention or the World Trade Organization or the transferee of said personapplies for the registration for identical goods or services and identical markin the Republic of the Union of Myanmar within six months from the date of theinitial application, the aforementioned date of application must be consideredas the date of application and the right of priority must be granted from suchdate.
If the applicantrequests the registration of a mark, displayed at an international tradeexhibition authorized or recognized by a Member State of the Paris Conventionor the World Trade Organization, to the Department within six months from thefirst day of displaying the goods or services, then the first day of displayshall be considered as the date of application and the right of priority fortrade exhibitions for the aforementioned mark shall be granted from such date.】
【The term of aregistered mark shall be 10 years from the submission date of the registrationapplication. After this period, the applicant may renew the term of registrationfor 10 years at a time.
If the owner ofa mark wishes to renew the term of mark registration, he must carry outaccording to the following:
the renewal ofthe term of registration must be applied for within six months prior to theexpiration of the term by paying the prescribed fees；afterthe expiration of the term of registration, the renewal application can be madewithin the grace period of six months. If the renewal application is submittedwithin this period, the applicant must pay the prescribed registration fee andoverdue fee.】
【The owner of aregistered mark is not entitled to prohibit the use of his mark for goodsdelivered to a market by himself or another person who has his consent. The owner of aregistered mark is entitled to prohibit the sale of his goods, in accordancewith existing laws, if the conditions of the goods have changed or have beendamaged after they have been delivered to the market.】
【An applicantfor the registration of a mark may apply to the Registrar to record thetransfer of his application, in accordance with stipulations, to any person orlegally formed organization. The owner of a registered mark may apply to theRegistrar to transfer ownership of the mark, in accordance with stipulations,to any other person or legally formed organization.】
【Upon the request of any stakeholderregarding the use of the mark, the Registrar must cancel the registration of amark if it is found to meet any of the following conditions: goods or services related to theregistered mark are not used within three years from the date of application tothe Registrar and there is no sufficient reason for the failure of such use; the use of the mark has been suspendedfor three consecutive years and there is no reason for such suspension; themark includes indications of a good’s type, related information, quality, quantity,intended use, value, origin or manufacturing date, or may become a commonlyused phrase in contemporary usage or customary expression or exclusivelyincludes indications, which are used practically in the trade area.】
【Geographical indications and tradenames are protected by trademark law.】