The first Trademark Law in Myanmar has been passed and signed on January 30th, 2019, which implies that the country will have a specific system dedicated to trademark protection from 2020. Under old system (expiring at the end of this year 2019), trademarks were filed within Registry of Deeds. Yet, the new law implements “first to file” principle, including as regards existing Myanmar trademarks.
Therefore, the newly created Myanmar Intellectual property Office (MIPO) will be ready to receive trademark filings as of January 2020 according to the following schedule.
- For owners of existing trademark registrations under the old system:
There is no automatic recognition of the existing trademarks under the new Trademark Law. In consequence, a “soft-opening” period of 6 months starting from January 2020 is reserved for them to refile such trademarks under the new system. During this period, no new applications shall be accepted by the Office. Failing to refile under the new Trademark Law means loss of existing trademark rights. Documents required for filing applications under new Trademark Law include a legalized Power of Attorney and a notarized Declaration of Ownership registered under current existing law.
- For applicants of new trademarks:
They have the following two choices:
– to wait for the end of the “soft-opening” period evoked above in order to file their applications before the MIPO, as from the second half of 2020;
– or to file new trademark applications before the end of the year 2019 under old system, which would allow them to refile their trademarks during this “soft-opening” period. Advantage of this option is to allow these applications to enjoy prior protection date than new applications filed after “soft-opening” period. Documents required under the current system include a legalized Power of Attorney and a notarized Declaration of Ownership (DOT) executed by the applicant.
Overseas trademark applicants will have to file such trademarks via a local professional established in Myanmar. Please revert to us for any further assistance.
This new system aims at aligning Myanmar IP policy with international standards in terms of trademark filing, examination or registration.
With our Asian Offices we will be pleased to assist you for maintaining / acquiring a relevant trademark protection in Myanmar!
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Quian YANG Juriste spécialisé en PI |
Soazig THEMOIN |