Filing & Registration Procedure for a Trademark in Myanmar

Procedure For Trademark Filing And Registration In Myanmar is as follows:

There is no specific trademark law in Myanmar. However, first draft of Trademarks Law has been issued though it will time for a specific trademark law to enter into force.

  1. Trademark Filing and Registration in Myanmar– A Declaration of Ownership of Trademark can be filed with the Registry of Deeds, Yangon.
  2. Official Examination of a Trademark in Myanmar/ Issuance of Office Action: In the absence of trademark law in Myanmar, a trademark is not officially examined.
  3. Publication / Advertisement of a Trademark: In the absence of a trademark law in Myanmar, there is no provision for publication of a mark in Trademarks Journal.
  4. Opposition of Published Trademark – In the absence of a trademark law in Myanmar, there is no provision for initiating opposition proceedings against a similar trademark.

Filing Of Trademarks Likely To Commence From January 2020!

In the Myanmar e-Services Implementation and Knowledge Exchange Workshop hosted by World Intellectual Property Organization and the Ministry of Education on October 22, 2019, it was disclosed that:

  • New Intellectual Property Office of Myanmar will be set-up under the Ministry of Commerce of Myanmar.
  • A ‘soft-opening’ period starting from January 2020 will be commenced by the IPO of Myanmar for recognizing existing trademark registrations by allowing these registrations to be re-filed within 6 months since the opening date on a first to file principle. Therefore, during this period, no new trademark will be received for registration.
  • The new system aims at achieving compliance with international standards with publication, examination, registration or rejection etc.
  • The IPO is also planning to simplify the current practice by releasing a standard form for requirements for Power of Attorney, associated fees etc.

Therefore, trademarks that have never been registered in Myanmar can only be filed in the second half of 2020. Thus, a brand owner who has never filed a trademark in Myanmar before but wish to file a mark during the ‘soft-opening’ period instead of waiting till the second half of 2020 can finish all the filings under the current system before the end of 2019 and re-file when the ‘soft-opening’ begins. Also, all the applications filed under the current system will enjoy senior rights over the third party marks and protection under the new trademark laws in Myanmar.

Read More : Soft Opening of Trademark Registration in Myanmar Jan 2020

For more information on Trademark filing and registration procedure in Myanmar please write to us at: info@ssrana.com

For more information please contact us at : info@ssrana.com