Myanmar New Trademark Law is officially implemented.
Soft opening for trademark re-filing under the new law system is now starting in Myanmar. During the soft opening period (starting from October 1, 2020 until March 21, 2021 ), the Myanmar trademark office will only accept trademark applications that were already registered under the Myanmar old trademark filing system.
It is necessary for all existing trademark holders to re-register their trademark in Myanmar under the new trademark law to retain their protection under the new system. All existing trademark holders who have registered their rights under Myanmar’s old trademark system can re-file the new application starting from October 1, 2020.
Requirement of re-filing of trademarks:
To re-register the rights to a trademark under the new system, the following will be required:
- A clear specimen of the trademark (in jpg format);
- Trademark owner’s name and address;
- Classes and list of goods or services shall be described in accordance with the Nice Classification (must be the same with those already recorded in the Declaration of Ownership. Any additional expansion of classification of goods or services will not be considered);
- Description of color claims of the mark (if any); and
- Translation and transliteration (if the trademark is not written in English or Myanmar language);
- Declaration(s) of ownership as recorded with the Deeds and Documents Registration Office.
It is also possible to file an unregistered trademark that is already in use in the Market in Myanmar during the soft opening period with the evidence of use in Myanmar. Such evidence of use may include:
- Published Trademark Cautionary Notice;
- Actual use evidences on the market in the Union;
- Proof of advertisement in a marketing or sales promotion context;
- Tax receipt or other receipt for expenses;
- Any other appropriate evidence.
The Official filing fees have yet to be announced in the soft opening period, and it will be announced before the grand opening period begins, and if the applicant re-files their trademark before the new fee is announced, they will be required to settle this fee at a later stage.
The trademark rights under the Myanmar new trademark registration system will generally be granted on the “ first-to-file basis.”. So ACT FAST and retain your trademark rights.
If you have an existing trademark registration in Myanmar and wish to re-file the trademark under the new system, please contact us for a special package for the re-filing of your trademarks.