The long-awaited trademark filing and registration system in Myanmar is expected to be over as the Trademark Office in Myanmar would be formally installed at end of December 2019. The new Myanmar Trademark Law, 2019 will be implemented in two phases, as outlined below:
Phase 1: Soft Opening
This phase is expected to commence end of December 2019 for a period of 4 to 6 months. During this phase, the Trademark Office is expected to only accept applications exclusively from registrants who have existing trademark registrations filed under Myanmar’s old system.
During this phase, new applications would not be allowed. Instead, only current registrants would be allowed to re-apply for registration under the new law in order to continue enjoying statutory trademark rights. This would mean that once the new law comes into force, existing trademark declarations and trademark notices will no longer be sufficient to demonstrate ownership of trademarks in Myanmar.
In view of the above, we recommend all existing trademark registrants to re-file their trademarks during the “soft opening” period to continue enjoying their rights, which is expected from end December 2019 till middle May 2020.
In order to enjoy a seamless re-registration, the registrants are advised to prepare for submission with the Myanmar Trademark Office the following items:
- Proof of registrations and/or renewals under the old system
- Specimen of the trademark
- Evidence of existing use of the trademark
Phase 2: Grand Opening
This phase is expected to commence in mid May 2020, which enables all interested parties to start filing new trademark applications. In accordance with the new law, trademark applications will undergo formality examination, published in the Journal and will be subject to opposition. Upon granted for registration, the trademarks will be registered for 10 years from the date of filing and subject to renewal.
Stay tuned for further updates and if you require any assistance, please do not hesitate to contact us.