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TRADEMARK REGISTRATION IN MYANMAR

Myanmar's new Trademark Law was enacted on January 30, 2019, introducing key changes:

  • The Myanmar Intellectual Property Office (MIPO) is established under the Ministry of Commerce to oversee trademark registration, examination, publication, and opposition proceedings.

  • The Central Intellectual Property Committee (CIPC) and Intellectual Property Agency (IPA) will handle IP policy and administration.

  • A "first-to-file" system replaces the old "first-to-use" system for trademark protection.

  • The law recognizes service marks, collective marks, certification marks, trading names, and protects famous marks and geographical indications.

  • Provisions for cancellation for non-use and invalidation for non-registrability are included.

  • Registration term is 10 years from the filing date.

Myanmar's new Trademark Law requires existing trademarks to be re-filed under the new system. The soft opening period started on October 1, 2020, and lasted until March 31, 2021, allowing trademark holders to re-file their marks. Applications could be based on:

  • Declaration of Use registered before October 1, 2020, or

  • Evidence of use in Myanmar (e.g., tax receipts, promotional activities, etc.).

The Grand Opening period began on April 1, 2021, with official fees and forms expected to be announced.

During Myanmar's soft-opening period (October 1, 2020 - March 31, 2021), trademark applications for re-registration were filed online, but this was only a preliminary step. Official fees and Form TM2 were to be submitted once notified by the Ministry. All applications filed during this period were assigned the grand opening date of April 1, 2021.

  1. Owner’s name and address;

  2. Clear specimen of the proposed mark;

  3. Classes and list of goods and/or services (identical to those already recorded with the Registrar of Deeds);

  4. The claim of priority (if any) and its supporting documents;

  5. The claim of colors of the mark;

  6. A scanned copy of the recordation of the declaration of ownership or renewal of the Registrar of Deeds; and

  7. If the trademark is already used in Myanmar, evidence of use and the first date of use.

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