In January 2019 the Trademark Law (Pyidaungsu Hluttaw Law No.3, 2019) and the Industrial Design Law (Pyidaungsu Hluttaw Law No. 2, 2019) have been passed by the Myanmar Parliament. Please note that both the laws provide that they will be effective only upon the issuance by the President of Myanmar of a notification to this effect. The new system aims at achieving compliance with international standards with publication, examination, registration or rejection etc.

We have recently been informed that Myanmar intellectual Property Office will open a 6-month special period (soft opening period) starting from October 01, 2020 for owners of trademark(s) previously registered (Under Old System) at the Office of Registrar of Deeds and Assurances (and owners of trademarks which are used actually within the State market, with or without the registration at the Office of Registrar of Deeds and Assurances) to file trademark applications in order to obtain protection afforded by the new Trademark Law.

At this moment, Myanmar Intellectual Property Office hasn’t announced any official information regarding required documents and official cost for filling applications under the new system for the registered owner under the old system during the soft launch. However, we have been informed by our associate that in order to re-file the applications under the new system within special period (soft opening period) , the requirement of the filing are as follow:-

The applicant must provide the following details in the application:

  1. name and address of the person or lawful organization applying for registration
  2. complete and clear description of the mark
  3. name and standard of goods and service, or, goods or services requested for registration in accordance with international mark classification

In addition to the details above, the following must be attached if necessary

  1. the registration number, type and country origin of the organization, if the applicant is applying on behalf of a lawful organization
  2. documents supporting, describing and requesting the claim of right of priority, if the applicant request right of priority
  3. documents supporting, describing and requesting the trade fair right of priority, if the applicant request trade fair right of priority
  4. duly executed, notarized power of attorney
  5. a certificate of registration (Registered Declaration), if the mark in the application is registered at the Office of the Registration of Deeds. We have been informed by our associate that the Myanmar trademark office may require the original Registered Declaration of ownership as registered with the Registrar of Deeds. Therefore, we suggest to keep ready all the original registered declarations as registered with the old system for the marks listed above

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Managing IP: Tier 1 – Trade Mark Contentious – India | Chambers & Partners: Band 2 – Intellectual Property – India | IAMPATENT: Recommended Law firm – Litigation & Transactions – India, Recommended firm – Patent Prosecution – India | Asia Law: Highly Recommended Law firm – Intellectual Property – India | Acquisition International: Best IP Law Firm of the Year 2019 – South Asia | Benchmark Litigation Asia Pacific: Tier 1– Intellectual Property – India | Corporate Intl: Trademark Prosecution Lawyer of the Year India – Raghav Malik | Global Law Experts 2019: IP Law Firm of The Year India, Advertising Law Firm of the Year in India | Global Business Insights Awards 2019: Most Outstanding Trademarks Law Firm - India