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Facing the hurdle of trademark refusal in Myanmar due to genericness or descriptiveness often poses significant obstacles for trademark applicants. However, the picture was not always so gloomy. Myanmar's New Trademark Law, particularly under Section 13, provides a pathway for such marks to change their fates, being accepted for registration if meeting certain. Specifically, a mark may qualify for registration if it is (i) recognized for its distinctiveness among consumers prior to the application or (ii) exclusively and continuously used in good faith by the applicant within Myanmar's commercial domain.
Yet, Myanmar's New Trademark Law does not clearly provide for how to effectively meet these criteria. So how can trademarks that are not inherently distinctive be protected in Myanmar? In response to this ambiguity, KENFOX introduces eight essential criteria aimed at assisting trademark applicants in demonstrating the necessary distinctiveness or secondary meaning for their marks. These strategies are designed to to resolve the complexities of registering generic or descriptive trademarks in Myanmar's evolving trademark landscape.
Detailing the mark's first steps
The consistency principle
Mapping your mark's history
Distinctiveness & secondary meaning
Mapping Success
Quantifying popularity
Digital footprint
Showcasing marketing milestones:
Media coverage
Promotional Materials
Consumer surveys offer powerful evidence of your trademark's distinctiveness by directly gauging public recognition
Crafting impactful questions:
Decoding consumer perception
Recognition by industry groups, awards, or endorsements can also be indicators that a mark is well-known and associated with a particular source.
Varied Forms of Recognition
Creating a portfolio of recognition
Utilizing acknowledgments
Understanding exclusivity
Proving exclusivity
A high level of quality and consistency in the products or services offered under the mark can reinforce its recognition and association with a single source.
Showcasing your commitment to quality
Why testimonials matter
Collecting consumer Insights
Proving that an ineligible mark deserves registration and protection under Myanmar’s New Trademark Law can seem daunting and requires a comprehensive approach. However, by meticulously documenting the use, recognition, and value of your mark in the marketplace, you can build a persuasive case that highlights its distinctiveness and association with your goods or services, based on which, requesting Myanmar IP Office to accept registration and protection for your trademarks.
At KENFOX, we are proud of our ability to provide comprehensive solutions, from strategic consulting to hands-on implementation support, helping you not only understand statutory regulations, but also know how to exploit and take advantage of them to protect your intellectual property in the most effective way. Contact us today to explore new opportunities and ensure your brand's success in Myanmar.
By Nguyen Vu QUAN
Partner & IP Attorney
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