TRADEMARK REGISTRATION IN MYANMAR
I. Advice
The new Trademark Law in Myanmar which was enacted in January 2019 has come into effect in October 1, 2020 and will be implemented in two (02) phases including the Soft Opening (Phase 1) and Grand Opening (Phase 2).
The new system will start with zero registered trademark. All previously registered trademarks will be void and lose their protection. To continue to protect trademarks in Myanmar, the current and previous registered marks must be refiled under the new filing system on a first-to-file basis.
- During the period of the Soft Opening from October 01, 2020 to April 2021*: (i) No new trademark will have the rights to file trademark application for registration, except registered trademarks under old regulations and (ii) only registered trademarks owner under old regulations have the rights to re-file to get the prior filing date. The re-filing trademark application during the Soft Opening is expected to be examined at the period of Grand Opening.
- During the period of the Grand Opening from around April 2021*: all applicants, including owner of trademark registrations under old regulation, can file new Trademark applications.
* However, regarding the “Soft-Opening” period for re-filing trademark registrations in Myanmar, after attending the latest meeting between the Union Minister & Deputy Minister and officials from Myanmar IPD, we would like to inform you that the “Soft-Opening” period shall extend instead of being closed on 01 April 2021 as previously estimated by the Myanmar IPD. The finishing time of the “Soft-Opening” period shall be officially announced by MM IPD later.
In this uncertain situation, in order to remain protection for the registered trademarks (under old system) of your client, we would like to advise the client to proceed with re-filing their trademarks as soon as possible.
Besides, we would like to note that the Grant Opening period where new trademark application can be filed has not been determined at this time.
II. Required documents
In order to re-file the registered trademark during this Soft Opening period, the following documents are required:
(i) An original signed and notarized Power of Attorney.
(ii) A scanned copy of previously registered Declaration of Trademark Ownership.
(iii) Evidence of use in Myanmar (can include published Cautionary Notice, Photos of participations in exhibitions, Tax receipts) – if any
(iv) Confirmation of the Classes and List of goods under the Nice Classification of 11th Edition
(v) Additional detail information of the Applicant:
- For company applicant: Company Registration Number (compulsory); Company Legal Entity type; Full Address of Applicant; Phone Number & Email (optional)
- For individual applicant: Scanned copy of Passport.
In case you require more information or require advice on trademark in Vietnam, Laos, Cambodia and Myanmar as well as other IP matters, please do not hesitate to contact us via:
ELITE Law Firm
Address: 255 Hoang Van Thai, Thanh Xuan, Hanoi
Phone: +84 24 3737 3051
Email: info@lawfirmelite.com
