Myanmar Trademark Law will be implemented in 2020

The Myanmar's Trademark Law (TML) will be implemented in 2020. The introduction of Myanmar's new trademark law shall be included two phases namely (1) Soft Opening and (2) Grand of Opening of new law framework introduction in Myanmar.

It is to be notified that the online process for re-filing trademarks under Myanmar’s new Trademark Law is expected to be opened in December 2019, exclusively for existing holders of trademarks registered under Myanmar’s old system. The exact date will be confirmed shortly. It is assumed that and heard unofficially that the exact date shall be 2 January 2020.

Each existing registered trademark under the Registration Act 1908 or the Dees Registration Law 2018 must be re-filed with the MIPO (Myanmar Intellectual Property Office) under the Trademark Law. They are not automatically recognized.

All existing trademark owners who have recorded their rights under Myanmar’s old system must file new applications to protect their marks under the new law, or risk losing that protection.

Trademark Registration Steps under the TML

Step 1. Filling of Application

Step 2. Formalities Check

Step 3. Absolute Ground Myanmar Examination

Step 4. Publication

Step 5. Substantive Examination (Post opposition period)

Step 6: Registration or Rejection

This will form part of a six-month “soft opening” period for the Myanmar Department of Intellectual Property (MDIP)’s new e-filing system, during which the MDIP will only accept applications to re-register old registrations with the Office of Registration of Deeds (ORD). The MDIP may periodically announce additional requirements or stipulations as the soft opening period progresses.

New trademark applications, and applications for any amendments or updates to existing trademarks will be possible after the MDIP’s grand opening, the date of which is yet to be announced.

The following details will be needed to provide under the new regulations for re-registration of existing trademarks registrations under the old system:

· Sample of the proposed mark;

· Owner’s name, Passport No or Company Incorporation No, ID No and the detail address;

· International Classes and list of goods and/or services

· If the marks claim the priority (if any) and it is required to provide support documentations;

· Claim of colors of the mark (if any)

· The copy of the declaration of ownership under the current system with the ORD;

· If the trademark is used in Myanmar, Evidence of use and the first date of use to be provided.

· POA which shall be prescribed by the Myanmar Department of Intellectual Property (MDIP), currently, we cannot provide POA form (drafting stages), it may be required to notarize & endorse in Myanmar Embassy.

Regard with the existing registered trademarks under the old system, the following information shall be needed to provide details to register under the new registration system during the soft opening period.

. The photo of the recorded mark;

. The detail owner’s name, Company Incorporation Number, Passport No, ID No. and address;

. The international classes and list of goods (or) services

. The number of Registration and date.

We shall inform you once the final date for re-registration is announced.

We do have associate offices in Myanmar, in the instance, you have any query with regard to IPR matter or any filing requirements we shall be pleased to assist you.