IP Background
1 >>
2 >>
3 >>
4 >>
5 >>
6 >>
7 >>
8 >>
9 >>
10
>> 11
>> 12
>> 13
>> 14
>> 15
>> 16
>> 17
>> 18
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
|
