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Wednesday, November 6, 2019

Trademark Registation in Myanmar

The Parliament of Myanmar has passed the Myanmar Trademark Law on January 30, 2019. Myanmar is making efforts to commence the new Trademark system by replacing the current practice of registration of Trademarks by registration of Deeds of Trademark Ownership Declaration with the Office of the Registration of Deeds. 

 The Intellectual Property Office (IPO) of Myanmar will be established under the Ministry of Commerce of Myanmar.

The trademark system will recognize existing trademark registrations, for that the IPO of Myanmar will commence a “soft-opening” period starting from January 2020 for these existing trademark registrations to be re-filed within six (06) months on a first-to-file principle.  

Fresh Trademark Applications can only be filed after above period is over i.e. tentatively July 1, 2020.

There is no bar to secure registration by earlier method till then and therefore it is possible to file new applications under the existing system (as decaration of ownernship) before December 31, 2019 and re-filing the said applications on and after January 1, 2020 to take advantage of first to file rule. 

The Trademark Applications shall be processed for formality and substantive examiantion. The requisition as to documents and fee is yet to be finalised. 

Friday, September 20, 2019

Patent Amendment Rules 2019

With effect from September 17, 2019, Patent Amendment Rules, 2019 have been notified.

The Rule 24 (C) has been amended to include 8 other types of categories (3 to 10 as mentioned below) where expedited examination would be available.

Now the expedited examination is possible for following cases:

  1. Where Indian is indicated as ISA or elected as IPEA in corresponding PCT Application
  2. If Applicant is start up
  3. If Applicant is small entity
  4. If Applicant/s is/are natural persons/ and at least one of them is female
  5. If Applicant is Govt Department
  6. If Applicant is an institution established by a Central, Provincial or state Act, and which is owned or controlled by the Govt.
  7. If Applicant is Govt company
  8. If Applicant is an institution wholly or substantially financed by the Govt.
  9. If invention pertains to a notified sector
  10. If there is an agreement with a foreign patent office and Applicant is eligible under such arrangement
There is no distinction between Indian or Foreign Applicant and the Rules are applicable to any foreign applicant too. The requisite documents have also been indicated where ever possible. Two categories (9 and 10) would not come into force immediately and appropriate notification would be issued from time to time for priority sector as policy need or agreements would be signed for reciprocal arrangements with foreign patent office to extend similar benefits to Indian Applicant. 

Use of registered marks on the Google Ads Program as keywords amounts to trademark infringement and constitutes passing-off: Delhi High Court

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