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IP Background

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By observing through the case laws and authoritative judgements it is obvious that acquisition of the right to ownership of a trade mark is mainly based on utilizing of such mark attached with respective goods or merchandise. P. A. Pakir Mohamed Vs. Emperor * ; U Kyaw Vs. U Ba Aye *.*

Abandonment of using a particular trade mark causes to a manufacturer of an owner at a loss of rights in respect of a mark. B.M . Kharwar Vs. A. M. Motiwala Ltd.#

Though the facts, utilizing or abandonment were highly considered so far as the Courts in our country are concerned, it is difficult and lengthy for parties to establish their evidential assertion by means of examining witnesses or others accordingly.

Furthermore, as documentary evidence is more credible and considerable than oral evidence, it has become the settled law, that in a trial when question is arisen on the matters as acquisition of the rights to ownership of a trade mark, law Courts prefers to observe and admit official registration of such mark as relevant and strong evidence.

Being in the absence of Trade Mark Act, registration of trade mark by the existing Directions under the Registration Act has been a practical usage in Myanmar. Since registration itself is not a conclusive proof of the ownership of such mark and as there is no official search system like trade mark gazettes of trade mark journals in our country so far, registration or re-registration at-time of it are usually followed by publication or re-publication at-time in the daily newspapers or in other magazines or journals etc.

From one point, it might be said that registration and publication of a trade mark cause a party to be costly or expensive, but on the other point it is of considerable help or in great specific value when questions are arisen.

The adventages obtained by means of having registered a trade or property or other mark followed by publication of cautionary notice are as follows :

(a) it receives official acknowledgement and public awareness from all walks of life ;

(b) it shows that the owner of the trade mark has due and conscious care for his title and manufacture or merchandise as well;

(c) it prevents from any existing or possible infringement or passing-off actions ; and

(d) it becomes a prima facie evidence of ownership and may be of certain help in criminal or civil proceedings (if any)

Due to current practices almost all the manufacturers whether domestic or foreign are used to register their

* vide 7
** vide 8
# vide 9
 
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