Myanmar

The Trademark Rules, crucial to the understanding and compliance with Myanmar’s trademark regime, were officially published by the Ministry of Commerce (MOC) on 31 March 2023. This publication coincided with enforcing the Trademark Law 2019, effective 1 April 2023. The formal fee schedule for trademark applications was determined and made public on the same date.
Notably, the Myanmar Intellectual Property Department (MIPD) officially announced the commencement of “Phase II” of the soft opening phase, effective 1 April 2023.

At United & United, we assure our clients of our unwavering commitment to staying abreast of regulatory changes, ensuring that our trademark analysis services remain compliant and anticipate evolving legal frameworks.
Please do not hesitate to contact us if you require further information or wish to engage our trademark analysis services. We look forward to the opportunity to assist you in navigating Myanmar’s dynamic trademark landscape.

On 30 January 2019, Myanmar enacted a comprehensive overhaul of its trademark legal framework, marking the introduction of a new Trademark Law. This legislative initiative updated and entirely replaced the country’s previous laws governing trademark registration and protection. The fundamental principles of the new law, along with the administrative entities it establishes, are outlined below:

1. Myanmar Intellectual Property Office (MIPO): 

   The new Trademark Law gave rise to the Myanmar Intellectual Property Office (MIPO), a pivotal entity under the Ministry of Commerce. Endowed with the authority to oversee trademark registration processes, MIPO is empowered to scrutinize trademarks, publish them in a dedicated journal, and manage opposition proceedings.

2. Central Intellectual Property Committee (CIPC) and Intellectual Property Agency (IPA): 

   In conformity with the law’s provisions, the Central Intellectual Property Committee (CIPC) and the Intellectual Property Agency (IPA) are slated for establishment. These entities are entrusted with the execution and management of policies related to intellectual property.

3. Shift from “First-to-Use” to “First-to-File” System: 

   The new law instituted a fundamental shift from the former “first-to-use” system to a “first-to-file” system. This change significantly impacts trademark registration and protection mechanisms.

4. Recognition of Diverse Marks: 

   The new law acknowledges and safeguards various types of marks, including “service marks,” “collective marks,” “certification marks,” and “trading names.” Notably, it extends protection to “geographical indications” and recognizes the status of “famous marks” (commonly referred to as well-known marks).

5. Provisions for “Non-Use” Registration Revocation: 

   Introducing a mechanism for “non-use” registration revocation, the law enables the review of trademarks that have not been actively utilized. Furthermore, it incorporates provisions allowing the non-registrability of a trademark, rendering it invalid under specific circumstances.

6. Duration of Registration: 

   Under the new law, the duration of trademark registration spans ten years from the application filing date.

This comprehensive revision signifies Myanmar’s commitment to aligning its intellectual property regime with contemporary standards, fostering clarity and efficacy in trademark registration and protection. 

We want to provide a comprehensive overview of the transitional phases from implementing the new Trademark Law in Myanmar in 2019 to the subsequent amendment in April 2023.

Lawyers Protecting Trademarks in Myanmar

We are pleased to inform you that United & United offers specialized trademark analysis services designed to assist clients in safeguarding their trademarks within the jurisdiction of Myanmar. Our commitment to delivering meticulous trademark reports, supplemented by a comprehensive trademark opinion, underscores our dedication to providing valuable insights into the feasibility of registering our clients’ trademarks.

Our trademark analysis services are distinguished by a systematic methodology and a profound understanding of trademark law, allowing us to furnish comprehensive reports that add significant value to our clients.
Noteworthy developments have occurred in Myanmar’s trademark landscape as of April 2023. The introduction of the TM-2 Form (Appointment of Representative), the Schedule of Official Fees, the Trademark Rules, and the commencement of “Phase II” of the trial period for the new trademark registration system mark substantial changes in the regulatory framework. United & United stands poised to efficiently file applications in Myanmar, offering our clients a competitive pricing advantage.

Implementation of the New Trademark Law in Myanmar

Soft Opening Period (1 October 2020):

The Ministry of Commerce (MOC) officially announced the commencement of the “soft opening period” on 1 October 2020 through Order No. 63/2020. During this phase, trademark registrations were limited to those filed via Declarations of Ownership with the Office of the Registration of Deeds (ORD) and trademarks that demonstrated prior use in Myanmar (“Registered/Used Marks”). Other brands (“New Marks”) were scheduled for filing after the grand opening.

Phase I (1 October 2020 – 31 March 2023):

Only Registered/Used Marks were eligible for filing in Phase I of the soft opening period, and all applications received during this period were assigned a “common filing date.” As the Trademark Rules were in draft form during Phase I, applicants needed help submitting the TM-2 Form (Appointment of Representative) and official fee payment for new trademark applications.

Phase II (26 October 2023):

This stage in Phase II accommodates Registered/Used Marks secured before 1 April 2023. Applications in Phase II must submit the notarized TM-2 Form and official fee payment when filing under the new electronic system. Phase II is scheduled to conclude on 25 April 2023, a day before the anticipated grand opening of the latest trademark registration system.

Phase III (Anticipated Date: 26 April 2023):

The grand opening of the new trademark registration system is anticipated during Phase III. New Marks will be eligible for filing under this phase, and applications will be dated based on the MIPD’s complete application and stipulated official fee receipt.

Power of Attorney/Appointment of a Representative

On 29 March 2023, the Myanmar Intellectual Property Department (MIPD) announced the TM-2 Form (Appointment of Representative). Foreign applicants (non-Burmese entities) for multiple trademark applications may submit a single notarized TM-2 Form, provided a list of applications is annexed. The notarized TM-2 Form must be submitted before the first day of the grand opening of the new trademark registration system, which is yet to be announced.

For any inquiries or further clarification on the implications of the new Trademark Law, please feel free to contact us.