The Myanmar's Trademark Law (TML) will be implemented since Jan, 2020.
The introduction of Myanmar new trademark law shall be included two phases namely (1) Soft Opening and (2) Grand of Opening of new law framework introduction in Myanmar.
According to the Myanmar Trademark Law, any trademark already registered under the Registration Act 1908 or the Deeds Registration Law 2018 in Myanmar before must be re-filed in “soft-opening” period because the current trademark registration is not automatically recognized under the TML .
A 'soft-opening' period starting from January 2020 will be commenced by the IPO of Myanmar for recognizing existing trademark registrations by allowing these registrations to be re-filed within six (6) months since the opening date on a first to file principle. Therefore, during this period, no new trademark will be received for registration.
For the new trademark applications in Myanmar, the applicants can be filed in the second half of 2020 after the soft opening period ends.
To re-register the rights to a trademark under the new system, the following information will be required:
- A scanned copy of the recordation of the declaration of ownership or renewal the Registrar of Deeds;
- If the trademark is already used in Myanmar, evidence of use and the first date of use.
- Clear specimen of the proposed mark;
- Owner’s name and address;
- Classes and list of goods and/or services (identical to those already recorded with the Registrar of Deeds);
- Claim of priority (if any) and its supporting documents;
- Claim of colors of the mark; (if any)
- The POA (the IPO of Myanmar will stipulate the standard form for POA and this form will be expectedly issued before 20 Jan, 2010)
- For the goverment fee: In the soft-opening period, the IPO has not stipulated the official fee for re-registering the old trademarks so far.
Benefits of re-filing Trademark application under the soft opening period
- Enjoy the priority to re-file their marks before new trademarks . It is noted that under new TM law, the Myanmar Trademark law applies ‘first-to-file” system.
- Secure a filing date which will be the same date as the official opening of the IP Office of Myanmar
- Maintain the validity of existing marks registered with the Registrar of Deeds;
- Opportunity to claim seniority right corresponding to the first date of use of a mark in Myanmar if the owner has actually used the mark in Myanmar.
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