Myanmar's New Trademark Law: A Shift Toward a Modern Registration System

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On January 30, 2019, the Parliament of Myanmar passed the country's first modern Trademark Law, marking a significant step toward aligning Myanmar's intellectual property regime with international standards. This legislation will replace the existing practice—under which trademark rights are secured merely by registering a Declaration of Ownership with the Office of the Registration of Deeds—with a formal, examination-based trademark registration system.

To administer this new regime, Myanmar will establish an Intellectual Property Office ("IPO") under the Ministry of Commerce.

Transition for Existing Registrations

Recognizing that numerous trademarks are already on record under the old declaration-based system, the IPO will introduce a "soft-opening" period, commencing in January 2020, during which owners of existing registrations may re-file their marks with the IPO. This re-filing window will remain open for six (6) months, and re-filed marks will be accorded priority on a first-to-file basis.

Filing of Fresh Applications

New trademark applications under the formal system will only be accepted once the soft-opening period concludes—tentatively expected to be July 1, 2020.

Until that date, brand owners retain the option of securing rights under the existing declaration-based system. Accordingly, businesses may still file new applications under the current Deed of Declaration system up to December 31, 2019, and subsequently re-file the same marks with the IPO on or after January 1, 2020, thereby preserving priority under the first-to-file principle once the new system takes effect.

Examination Process

All applications filed with the IPO will be subject to both formality and substantive examination. The specific documentary requirements and official fee structure are yet to be finalized and will be announced in due course.

Comments

  1. Pradeep RjMarch 5, 2020 at 7:17 PM

    While looking, attempt changed blends of your name. For instance, in the event that you are scanning for AMAZON, search for AMASON, HAMAZON, or comparable word designs. Attempt a few unique blends of words and spellings. Reach vakilsearch to Trademark Search

    ReplyDelete
  2. harishOctober 3, 2020 at 3:52 PM

    The company owner secures exclusive control to the use of the trademark when it comes to joint registration of the trademark. Get registered: certification mark

    ReplyDelete
  3. Ontario Trademark LawyersApril 15, 2021 at 3:46 PM

    Your content is Amazing please have a look on mine too.

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    ReplyDelete
  4. Infinity JaipurApril 19, 2021 at 1:53 PM

    Trademark Registration in Jaipur as it provides protection to the business name and legal right to the owner of the business. Trademark registration also provide you the right to receive the remedies to the owner of the trademark.

    Trademark registration in Jaipur
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    ReplyDelete
  5. zasma yasmin dawoodMay 21, 2021 at 8:57 PM

    Thanks for the update. Anyone who is interested in filing trademark click here: Trademark filing

    ReplyDelete

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