If it can be shown that the public perceives the mark to denote items created by a certain manufacturer or sold by a specific firm/merchant, a corporation may be granted a right of property in a mark in Myanmar by utilising it in connection with its goods or services. Such a mark would increase goodwill with this understanding.

Although Myanmar does not have a law requiring the registration of trademarks, it is common practise for the person claiming ownership of a trademark to make a Declaration of Ownership with regard to that trademark and register that Declaration with the Office of Registration of Deeds in Yangon or Mandalay in accordance with the Registration Act 1908. It is common and advised to issue a Cautionary Notice in local newspapers once the Declaration has been registered to warn people not to infringe on that Trademark.

After that, enforcement may be sought under the following legal provisions: (a) Sections 478–480 of the Myanmar Criminal Code; (b) Sections 54 of Myanmar's Particular Relief Act and the Myanmar Merchandise Marks Act; and (c) the common law tort of passing off. In essence, the "law of passing off" forbids other businesses from unjustly capitalising on the goodwill and commercial success that the applicants have established for their Trademark. For a passing off claim to be successful, three conditions must be established: I a firm has used its Trademark in Myanmar, (ii) the defendant has misrepresented to the public that his products or services are related to or affiliated with them, and (iii) as a consequence, the company has incurred harm to its brand's reputation as a result of the defendant's deception.

In general, Myanmar's legal system is based on common law ideas. The filing of a Declaration of Ownership of a Trademark may be taken into consideration when evaluating when the SMEs intend to assert their ownership of the mark, but it does not, by itself, confer complete property rights in the mark. Hence, in order for a Myanmar Trademark to be valid, much like common law Trademarks in other jurisdictions, it must have developed a reputation or "use" in Myanmar. SME's must be aware that they must utilise the trademark on the property. The requisite "use" of a trademark in Myanmar is not automatically granted to the owner by the registration of a Declaration of Ownership or by the publication of a Cautionary Notice.

Registration of a Declaration of Ownership of a Trademark can be refused under the following circumstances:

• Where the trademark is likely to be objectionable on moral or legal grounds;
• Where the trademark is likely to hurt the religious susceptibilities of any class of citizens of Myanmar;
• Where the Declaration of Ownership of the trademark lends itself to be used as an instrument of fraud or is obscure;
• Where the trademark is a colorable imitation of a currency note; or
• Where the trademark bears the image of General Aung San.

In July 2015, the proposed Trademark Law was published.

The duration of a registered Trademark will be ten (10) years from the filing date and may be continuously renewed for subsequent ten (10) year periods, according to the current Trademarks Law released in July 2015. Also, under this legislation, mark owners who are domestic or international may file for Trademark registration. IP courts, which are anticipated to be established in compliance with the terms of the Industrial Designs Law, will have authority over court actions.

Crucially, there will be no transitional period and Trademark owners who filed a Declaration of Trademark Ownership with the Office of Registration of Deeds under the Registration Act prior to the effective date of this legislation would need to apply for a new registration. The owners of foreign Trademarks may also assert precedence over such marks.