
Knowledge Highlights 22 August 2023
Knowledge Highlights 28 September 2020
On 28 August 2020, the Myanmar Ministry of Commerce issued Order No. 63 of 2020 announcing the long-awaited commencement date of the soft opening of the new trademark registration system (“soft opening period”). The duration of the soft opening period, which begins on 1 October 2020, has yet to be announced although it is anticipated to last for six months.
Re-filing of trademarks
The soft opening period will be open exclusively to:
(a) trademark owners who had availed themselves of Myanmar’s old registration system by filing a Declaration of Ownership of their mark with the Office of the Registration of Deeds (“ORD”); and
(b) trademark owners whose marks have been in actual use in Myanmar whether registered with the ORD or not,
to re-file their trademarks with the Myanmar Department of Intellectual Property (“MDIP”).
No new trademark applications
During the soft opening period, it will not be possible to file “new” trademark applications.
Trademark owners who do not meet the criteria set out above will have to wait until the official opening of the new registration system before they are able to file any “new” trademark applications.
Trademark application process
The re-filed trademarks must match the details recorded in the Declaration of Ownership (“Declaration”). Applications by any foreign trademark owners must be made via their trademark agents in Myanmar.
Further details of the official fees, specific documentation and other information required are expected to be released in due course, although trademark owners should in the meantime collate the following information and documents if there is any interest to re-file their trademarks:
(a) Registered trademarks under the Declaration
(b) Unregistered trademarks in use in Myanmar
(i) Cautionary notices published in local newspapers and/or journals;
(ii) Proof of use in the markets of Myanmar (e.g. labels or signages depicting the manner in which the trademark is being used);
(iii) Advertisement or promotion of goods and services bearing the trademark (e.g. leaflets, brochures, photographs);
(iv) Tax receipt or expenses receipt (e.g. invoices, purchase orders or other similar documents to Myanmar entities/individuals depicting the trademark).