The key points of the new Myanmar Trademark Law

The Myanmar Parliament passed a new Trademark Law to update Myanmar’s trademark legislation, to bring it into line with the prevailing international standards. Its approval is intended to regulate the use and protection of trademarks in this market in a more comprehensive manner. This new Law came into force on the 1st October, 2020 and it will affect both new and existing trademarks.

The Government has established two new Institutions for the implementation of this new Trademark Law – the Central Committee on Industrial Property Rights and the Industrial Property Rights Agency.

Concerning this new Trademark Law, as of October 1st, 2020, and for a period of six months, all individuals or companies which had registered their trademarks under the previous system, or those whose trademark is being used, but is not yet registered, must carry out their trademark registration under the new system, which means they must proceed to re-file them. In addition, for those trademarks that are already registered, the following documents must be filed:

1) a Declaration of Ownership and
2) proof that the trademark was already registered.

The new system for the filing and registration of trademarks under the new Myanmar Trademark Law is divided into two stages:

– The “Soft Opening”, in which a period of 6 months is enabled for all existing and registered trademarks to be “re-filed” under the new system, and in which all unregistered trademarks, which have been widely used, may proceed to registration by submitting the relevant evidentiary documents which prove this use; and

– The “Grand Opening”, in which only the new Trademark Law will apply, once the above referenced 6-month period has ended.

We will now go into more detail concerning the scope of both stages:

1.- Soft Opening

All new trademark application filings concerning already existing / registered trademarks during the “Soft Opening” stage will have the same new filing date. This means that there will be a single filing date for all existing trademarks to be re-filed during this period.

An already existing / registered trademark that is re-filed under the New Trademark Law during this Soft Opening period (which will last 6 months – until April 1st, 2021), will be granted protection from the date of registration, and will remain in force for a period of 10 years from the filing date, which will be the date in which the second stage, the “Grand Opening”, comes into force. The trademarks will be renewed for consecutive periods of 10 years.

In addition, those individuals or companies that have been using their trademarks in Myanmar, but had not proceeded to register them in this territory, may proceed with the filing of their trademarks during the “Soft Opening” period.

If you are interested in finding out more about any of these options, please contact our Trademark team who shall provide you with the information you need.

2.- New Trademark Applications – “Grand Opening

The “Grand Opening” is scheduled for April 2021, at which time it will be possible to apply for trademarks under the new system, under the new Trademark Law. Trademarks that have already been registered but have not been re-filed in the Soft Opening stage, may also be filed during this second stage.

The new trademarks granted under the New Trademark Law will be valid for 10 years from the date of registration, and will be renewable for consecutive periods of 10 years.

This legislative change better protects IP rights in Myanmar, and companies with an interest in this territory will see first-hand that their rights will benefit from an increased protection.

We believe that this legislative change better protects IP rights in Myanmar, and companies with an interest in this territory will see first-hand that their rights will benefit from an increased protection.

We hope that the above is of your interest, and should you have any queries, please do not hesitate to contact the H&A Trademark Department.