Trademark Assignment

Trademark assignment involves the transfer of ownership rights to a trademark from one party to another. In this comprehensive guide, we at KENFOX aim to equip you with the knowledge and understanding necessary to navigate the trademark assignment process in Myanmar effectively. We will cover the legal framework, requirements, costs, and the time frame for completing the assignment, ensuring a successful and legally recognized transfer of trademark rights in Myanmar.

1. Legal basis and contractual nature

Trademark assignment in Myanmar is governed by contract law, which facilitates the transfer of property rights in a trademark from the current owner (Assignor) to the new owner (Assignee). This process involves a one-time transfer of personal property associated with the trademark, and the terms and conditions governing the assignment are regulated by contract law. The assignment agreement serves as the legal document that formalizes the transfer and outlines the rights, obligations, and considerations involved in the trademark assignment. It is crucial to comprehend the contractual aspects of trademark assignment to ensure a seamless and legally valid transfer of trademark rights in Myanmar. By understanding and adhering to the contractual requirements, the parties involved can navigate the trademark assignment process successfully and protect their respective rights.

2. Recordal requirement for legal effect

To ensure the enforceability and legal effectiveness of a trademark assignment in Myanmar, it is crucial to record any change in ownership, such as assignments, mergers, or licensing, with the Myanmar Intellectual Property Department. Recording the assignment is essential to establish and protect the rights of the new owner under the Intellectual Property Law of Myanmar. By completing the necessary recording process, the new owner's rights to the trademark are recognized and upheld, providing a solid foundation for the effective protection and enforcement of the assigned trademark in Myanmar.

3. Requirements for trademark assignment

To assign the rights to use a trademark in Myanmar, the owner can submit the necessary documents to the Myanmar Intellectual Property Department. The trademark assignment application in Myanmar typically requires the following:

  • A formal request for the assignment.
  • An original bilingual notarized Power of Attorney (POA) in the name of the Assignee.
  • An original copy of the original Power of Attorney (POA) in the name of the transferor
  • An original Deed of Assignment executed by the legal representative of both the Assignee and Assignor, certified by a Notary Public.
  • Copy of the concerning certificate of trademark registration.

By preparing and submitting these documents, the owner of the trademark can effectively transfer the rights to use the mark to another individual or entity, ensuring a legally recognized and enforceable trademark assignment in Myanmar.

4. Costs associated with trademark assignment

Trademark assignment in Myanmar involves various costs that include official fees, attorney's fees, and disbursements. These costs typically encompass the entire assignment process, from the initial filing of the assignment application to obtaining the recordal of the assignment. At KENFOX, we understand the importance of transparency in cost considerations. Our experienced team can provide you with specific information regarding the costs associated with the assignment process, ensuring that you have a clear understanding of the financial aspects involved in ensuring a successful and legally recognized trademark assignment in Myanmar.

5. Time frame for completion

According to Myanmar regulations, trademark transfer is only effective after the transfer declaration is confirmed by the trademark registration agency in Myanmar. The time for recording trademark transfer in Myanmar is about 2-3 months. Once the assignment is successfully recorded, the Myanmar Intellectual Property Department will issue an Acknowledgement of Assignment of Trademark Rights. This official acknowledgement serves as concrete evidence of the assignment and affirms the assignment's legal effect and protection under the Intellectual Property Law of Myanmar. It signifies that the trademark rights have been transferred to the new owner as per the recorded assignment, solidifying their legal ownership and ensuring the recognition and enforcement of their rights in accordance with the laws of Myanmar.

Trademark assignment in Myanmar involves the transfer of ownership rights from one party to another through a contractual agreement. By adhering to the requirements set by the Myanmar Intellectual Property Department and ensuring the proper recording of the assignment, individuals and businesses can legally and effectively transfer their trademark rights. At KENFOX, we specialize in providing expert guidance and support throughout the trademark assignment process. Our team of qualified trademark attorneys is dedicated to assisting you in navigating the process smoothly, understanding the associated costs, and adhering to the necessary legal procedures for a successful trademark assignment in Myanmar.

Contact us today to unlock the value of your trademark and ensure its secure and legally recognized transfer.