Notification on re-filing trademark applications to keep trademark rights effective in Myanmar

As you aware, Myanmar used to have no Trademark Law. Thus, in the past, all trademarks were registered in Myanmar by way of filing a Declaration of Ownership of Trademark with the Myanmar Registrar. Of note, all trademarks registered previously have not undergone substantive examination.

In 2019, a new Trademark Law in Myanmar has been issued, but it has not been come into force until a specific Notification issued by a relevant Ministry in Myanmar. For trademarks which have been registered under the old system, in case the trademark owners wish to keep their registered marks effective in Myanmar, they must re-file applications for registration of their marks for substantive examination at the Myanmar Registrar during a 6-month period called the “Soft Opening Period”.

On 28 August 2020, the Ministry of Commerce and Trade issued Notification No. 63/2020 on 28 August 2020 which states that the Soft Opening Period will start launching on 01 October 2020 for the marks owner under the section 93(a) of the new Trade Mark law. During the Soft Opening Period (i.e. from 01 October 2020 to 01 April 2020), the Myanmar Registrar will only receive applications for re-registration of the trademarks which have been previously registered with Myanmar Registrar, but not receive applications for registering new trademarks in Myanmar.

Attached is an English translation of Notification No. 63/2020 issued by the Ministry of Commerce and Trade of Myanmar.

Required documents for re-filing trademark applications in Myanmar

To enjoy the right of priority under the new law, the owner of a mark registered at the Myanmar Registrar provides us with the followings:

1. Evidence on registering and using the mark:

(a) Declaration(s) of Ownership of Trademarks which endorsed by Myanmar Registrar previously.

(b) Evidences of actual use of their registered marks (if any), including but not limited to: Trademark Cautionary Notice(s), Marketing advertisements, Tax receipt or Expense voucher, etc.

(c) Evidence of trademark assignment (if any).

2. Trademark image/Trademark specimen: One clear specimen of the proposed mark in jpeg format not more than one megabyte

3. Power of Attorney (“PoA”): Kindly note that the Myanmar Registrar is in the course of deciding the formality requirement for the PoA to be submitted alongside the trademark applications. We will inform you of such requirements for the PoA upon receipt from the Myanmar Registrar.

For more detail, please contact KENFOX at info@kenfoxlaw.com or kenfox@kenfoxlaw.com