Naypyidaw, Myanmar – On 30 January 2019, the new Myanmar Trademark Law was finally approved and signed by the President of Myanmar. Since 1 April 2023, the new Myanmar Trademark Law has come into effect according to the State Administration Council’s Notification No. 82/2023 dated 10 March 2023. Implementation of the Law has been done in phases.
The following are some brief updates on the implementation of the new Myanmar Trademark Law:
(i) The first phase of the “Soft-Opening” period, the Myanmar Intellectual Property Department (MIPD) under the Ministry of Commerce accepted applications for re-registration of old trademarks that were already registered with the Office of the Registration of Deeds,
(ii) The efffective date of the New Trademark Law is 1 April 2023.
(ii) The second phase of the “Soft-Opening” period is expected to commence on 3 April 2023.
In the second phase of the “Soft-Opening” period, only “Old trademarks” that were already endorsed Declaration of Ownership under the Old Regime and/or actually used in the Myanmar market are eligible to be registered.
(iv) The “Grand-Opening” period is expected to be started on 2 May 2023. In this “Grand-Opening” period, new trademark applications could be filed.
The Day 1 of the “Grand-Opening” period will be the filing date of the old trademarks that were filed during phase 1 and phase 2 of the “Soft-Opening” period.
(v) The official fees and guidance has not been announced.
In general, for the purpose of filing new trademark applications in Myanmar, the applicant has two (2) options as follows:
Option 1: The Applicant can re-file an application for an old registered mark and/or an unregistered mark that has already been used on the market in Myanmar in this first phrase soft opening and second phrase soft opening period under the new law system in order to enjoy seniority right application.
N.B.: Trademarks registered with the Deeds of Registry Office by way of filing a Declaration of Ownership of Trademark after the New Trademark Law is in effect will not be considered as old trademarks for re-filing purposes.
Option 2: The Applicant can wait for the “Grand-Opening” period and file a new trademark application under the New Trademark Law in the “Grand-Opening” period once the “Soft-Opening” period finishes.