The Ministry of Commerce of Myanmar announced on August 28, 2020, the new trademark registration system/law. This new system/law will follow the first-to-file rules and rights.
The soft opening for filing of trademark applications under this new trademark registration system/law will be commenced from October 1, 2020, for a period of 6 months until March 31, 2021.
During the soft opening period, only below matters can be conducted.
- The trademark owners who have filed the applications and recorded their trademarks by filing the Declaration of Ownerships (DOs) at the Office of the Registration of Deeds and Assurances (ORD) are required to re-file their trademark’s applications under this new system/law preserving their priority rights (with no addition of class and list of goods/services);
- The Trademark owners who have not yet filed the applications and recorded their trademarks with the ORD are able to file the applications and DOs if their trademarks are being used in Myanmar together with substantial evidence in supporting of such use (such as cautionary notices (CNs) published in a newspaper(s); tax invoices/receipts; photos showing participation in exhibitions; expense vouchers; bills); and
- The trademark owners who have not fallen under either of the above conditions are required to file their trademark applications and DOs under the existing system/law in case that they would like to reserve their priority rights.
The trademark owners being not fallen under the above-mentioned conditions shall prepare their applications ready to be filed as soon as possible once the grand opening period commences.
Information/documents required for filing applications under the soft opening period
- A trademark application;
- A power of attorney duly legalized by the Consulate of Myanmar;
- A copy of existing recorded DO along with CNs published in a local newspaper(s) (if any);
- A specimen of the mark;
- Owner’s information i.e. name, address, and nationality;
- Classifications and list of goods and/or services under the Nice Classification
Under the new system/law, benefits for trademark owners are as follows:
- The trademark renewal system is enforceable. The registration will be valid for 10 years and that it may be renewable every 10 years.
- The trademark search system will be available.
- The list of goods/services will follow the 11th edition of the Nice Classification.
- The multi-classification application is available.
- The opposition system will be used during registration processes.
Author: Panisa Suwanmatajarn and Jasmine Pholcharoen