Myanmar: A closer look at series marks under the New Trademark Law
Yuwadee Thean-ngarm of Tilleke & Gibbins explains how Myanmar’s Intellectual Property Department has worked to clarify uncertainty over series marks as the country aims to overhaul its IP system Sponsored by March 02 2021
Myanmar, which is now more than halfway through the scheduled soft opening of its Intellectual Property Department (IPD) under the country’s New Trademark Law, is well on its way to the full realisation of its plans for a modernised IP system operating on par with international standards. As the first of four IP-related laws passed in 2019, the ongoing implementation of the Trademark Law affects definitions of trademarks and types of trademark applications.
The U.S. Trademark Trial and Appeal Board (TTAB) issued a precedential ruling on December 1, 2020, in In re Lee Greenwood, Serial No. 87168719, denying American singer Lee Greenwood’s application for the GOD BLESS THE USA mark, which he proposed based on his famous song of the same name.
Introduction
In the arena of Trademark, gaining of the status of a well-known
trade mark is perceived to be the same as that of attaining Nirvana
because the preservation of well-known trade marks lifts the
traditional goal of protection of the trade mark. Nirvana refers to
the state of liberating oneself from lust, envy, ignorance and
everything that holds back. It is assumed that the existence of
Nirvana would free oneself from any kind of fear. The protection of
well-known marks stems from its fundamental objectives of
protection of marks and focusses on maintaining the distinctiveness
of a mark by protecting it from free-riding and dullness. The proof