Chapter I Title, Commencement and Definition
- (a) This Law shall be called the Trademark Law.
- (b) This Law shall come into force on the date which is prescribed in the notification issued by the President.
2. The following expressions contained in this Law shall have the meanings provided hereunder:
- (a) Union means The Republic of the Union of Myanmar.
- (b) Central Committee means the Central Committee of Intellectual Property Rights formed under this Law.
- (c) Ministry means the Ministry of Commerce of the Union government.
- (d) Relevant Ministry means the Ministry of Information, Ministry of Industries, Ministry of Agriculture, Livestock, and Irrigation, or the Ministry of Education of the Union government.
- (e) Agency means the Intellectual Property Rights Agency formed under this Law.
- (f) Department means the department authorized by the Ministry to carry out matters related to intellectual property rights.
- (g) Registrar means the Director-General of the Department handling matters related to the registration of intellectual property rights.
- (h) Examiner means an officer whose position is equivalent to an Assistant Director or above in the Department carrying out examinations related to the registration of intellectual property rights.
- (i) Intellectual Property Rights means the right granted by law to protect inventions made by one’s own intellect. This expression includes copyright, patent rights, industrial design rights, trademark rights, and other types of intellectual property rights.
- (j) Mark means any visible mark, which includes names, letters, numbers, illustrated parts, or combinations of colors, or one such mark combined with another, in order to distinguish a particular good or service from other goods or services. It includes trademark, service mark, collective mark and certification mark.
- (k) Trademark means a mark that distinguishes the goods of one enterprise from those of another in the course of trade.
- (l) Service mark means a mark that distinguishes the services of one enterprise from those of another in the course of trade.
- (m) Collective mark means a mark owned by a collective organization, such as a society, association, or socioeconomic organizations, or cooperative of industrialists, manufacturers, or traders. This expression includes marks which distinguish the goods or services of the members of said organizations from those of others.
- (n) Certification mark means a mark which certifies the use, under the supervision of the owner of said mark, in connection with the origin, quality, type and other distinguishing characteristics of the goods or services of a mark.
- (o) Geographical indication means 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.
- (p) Well-known mark means a mark that is well-known, in accordance with the stipulated standard, in the Republic of the Union of Myanmar.
- (q) Trade name means a name or a specification used to distinguish one undertaking from another.
- (r) Owner of a registered mark means a person or a legal entity recognized and registered in the Department’s registration records as the owner of the mark.
- (s) Right holder means a person or a legal entity who is the owner of a registered trademark, the owner of a well-known mark, the owner of a geographical indication, the owner of a trade name or is a transferee of the rights relating to a registered mark or is a licensee of the rights relating to a registered mark.
- (t) Member State means any Member State of any conventions, treaties, or agreements relating to intellectual property rights in which the Union is a Party, or any Member State of relevant international or regional organizations.
- (u) Intellectual Property Rights Court means either a court which has been established by the Supreme Court of the Union, in accordance with the law, to adjudicate matters related to intellectual property rights or a court which has been granted the jurisdiction and mandate of such court.
- (v) Right of priority means the right of priority described in Section 31 of this Law.
- (w) Right of priority for trade exhibitions means the right of priority related to trade exhibitions described in Section 32 of this Law.