A new trademark law was enacted in Myanmar on January 30, 2019. On August 28, 2020, the Myanmar Ministry of Commerce issued Order 63/2020 announcing that trademark filings will be implemented as indicted below:
Stage 1: The Soft Opening Period:
Starting on October 1, 2020 until March 31, 2021, trademark applications can be filed by: (1) owners existing trademark registrations in Myanmar and (2) owners of trademarks not registered but in use in Myanmar on a first to file basis. During this period the IPO of Myanmar will not accept new trademarks for registration.
To re-register the existing trademarks and file marks used in Myanmar, the following is needed:
- A clear specimen of the proposed mark;
- Name and address of the owner;
- Classes and a list of goods and/or services;
- Claim of priority (if any) with supporting documents;
- Claim of colors of the mark;
- A scanned copy of the record of Declaration of ownership and Cautionary Notices published in local New Papers;
- A trademark currently in use in Myanmar will require evidence of use as well as the first date of use.
Stage 2: The Grand Opening Period:
New trademarks not previously registered or used in Myanmar can only be filed when the Grand Opening Period commences (this date has not yet been announced).
Principal Features of the New Law:
- Oppositions can be filed against trademarks filed under the new law;
- The term of registration will be 10 years from the application filing date and renewable for additional 10 year periods;
- Multi class filings will be acceptable;
- Marks may be recorded with Myanmar Customs Department for the purpose of monitoring infringed/counterfeited goods.