The New Trademark Law in Myanmar was passed into law on 30 January 2019. However, the Law is still pending to enter into force. The regulations for trademark registration are currently drafting and Web-based registration system is also under construction. As known, Myanmar government (IP Section) will introduce procedure and implement Trademark application in the very near future.
It is expected that around by first week of January 2020, Trademark Office of Myanmar will introduce soft opening period. Said period will start from 1st week of January 2020 to last day of June, 2020. Myanmar Trademark Office will be mechanized trademark registration process by utilizing of online e-filing system (IPAS), provided by WIPO.
The following information should be noted under new Trademark Law by the Myanmar Trademark Office yet:
Required Documents for re-registration of a registered trademark under New Trademark Law in Myanmar:
Under the soft opening period, the following documents shall be required to be accompanied with online e-application forms:
(1) Letter of Representation
((2) Power of Attorney
3) Previous Declaration of Trademark Ownership (“DTO”)
Letter of Representation:
Letter of Representation (TM-2 form) shall be officially circulated by Myanmar Trademark Office around by 3rd week of December 2019. Trademark owners (applicants) shall be signed on said form physically. Notarization and/or legalization are not required.
Power of Attorney (PoA):
The PoA shall be submitted to Myanmar Trademark Offices within (90) days from the date of re-registration process begins.The local authority is arguing on whether the PoA should be notarized only or both notarized & legalized.
Previous Declaration of Trademarks Ownership (“DTO”) shall be attached with online e-filing system form. Myanmar Trademark Office shall consider it as a related ground to accept allowance of re-registration of such mark.
Seniority and/or prior rights and/or use:
Seniority and/or prior rights and/or use can be claimed at the time of online e-filing process. But applicant shall need to provide relevant evidence. Therefore, previous DTO and cautionary notices will play a vital role for recognizing seniority and/or prior rights and/or use.
Multi-class Application: Multi-class applications are allowed in Myanmar.
Trademark Application Date: Trademark application date of any re-registered trademark shall be 1st January 2020.
Trademark Registration Date: Trademark registration shall be issued after fulfillment of formality process.
Trademark Application/Registration Fees: Myanmar Trademark Office awaits approval from Union Government of Myanmar, after approval and/or permission from Union Government, Myanmar Trademark Office will declare all official fees relating with trademark application/registration
All re-registration process shall be implemented by means of e-filing system
In light of the foregoing, we will closely follow up with Myanmar Registrar and will keep you informed of official timing and required documents for re-registering a registered trademark under the New Trademark Law in Myanmar.