Myanmar has long been considered a potential market for intellectual property market in Asia.
Myanmar government has issued new “Trademark Law” in March 2019, including serials of new rules, regulations and procedures in line with international standards. However, the implementation of new “Trademark Law” has been pended due to the pandemic of COVID-19. The transition period, which was planned to be initiated in January 2020, has been postponed due to the pandemic. As per the latest news, the government has decided to implement relevant rules of new “Trademark Law”.
As per No. 63/2020 document issued on 28th August 2020 by the Ministry of Commerce of Myanmar, the soft-opening of the new “Trademark Law” will be implemented on 1st October 2020.
From 1st October 2020, within 6 months after the beginning of the soft-opening, the current existing registered trademarks can claim re-declaration and claim the priority date as per the principle of prior application in the new “Trademark Law”.
After the end of the soft-opening, the grand opening of Myanmar new trademark law will be disclosed, at that time, any person could file application for new trademarks to Myanmar Trademark Office.
It is worth mentioning that, currently, the new “Trademark Law” in Myanmar still not come into effect, and Myanmar Ministry of Commerce still not issue rules and provisions related to the new “Trademark Law”. The Ministry of Commerce indicates that the fee and payment procedure of re-declaration of trademarks during the transition period will be published later.
Comparison of Existing Publication System and New “Trademark Law”
|Characters of Existing Publication System||Major Characters of New “Trademark Law”|
Unable to file change of registration
Renew trademarks in the form of alter in every three years
No practical review
No public database for search
Public database for search
Valid period for registered trademarks is 10 years
Renewal period is 10 years
Support change registration
In line with international laws and international intellectual property organizations
Information and Requirements regarding the soft-opening of new “Trademark Law”
1. The term is 6-month；
2. The trademark has been registered or renewed in Myanmar should be the precondition for filing applications for trademarks within soft-opening period. The proprietor of the trademark could re-apply for the trademark as the new law, furthermore to obtain the date of the priority right.
3. Applications for new trademarks could not be filed.
4. Re-declaration for the trademark must offer the original notarization of power of attorney.
5. New application number and date will be granted to re-applied-for trademarks within the soft-opening period.
6. Provide pieces of evidence regarding prior registration and renewal (i.e. original registration certificate).
7. Publish information regarding the trademark ownership in Myanmar local newspaper (if any).
8. Records of transferring trademarks (if any)
Information and Requirements regarding formal conduction of “Trademark Law”
1. Trademarks that were registered as per the current existing/old laws, after the implementation of new laws, if the restatement did not made within the soft-opening period, the trademark may be rushed to registered by the third party after the implementation of the new law.
2. Anyone could apply for new trademark.
3. The newly applied-for trademark may experience opposition procedure.
4. The Trademark Office will conduct substantive examination on new application of trademark.
5. The trademark will be published on the official journal after the examination.
6. Any third party can pose opposition during the announcement period. However, as of now, the Myanmar government still not uncover the period and other relevant regulations regarding the opposition.
7. If the third party posed opposition, then, the procedure will be gone through in Myanmar intellectual property right court.
8. Valid period for the trademark is 10-year since the applicant date.
9. Renewal could be proposed in 6 months before the expiration of the valid period.
We will closely follow-up more details of implementation regarding Myanmar new “Trademark Law” and will publish in time.