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The new Trademark Law of Myanmar in 2019 had been passed back in January of the same year. However, the Law hasn’t come into force now – 3 years later as the President of Myanmar hasn’t issued the required notification. However, rights holders in Myanmar and foreign countries shouldn’t have to wait longer as it is expected that the law might become effective at the end of 2022 or the beginning of 2023. Under the new trademark law of Myanmar, [...]
The soft-opening period, which began on October 1 2020, was first announced by the Ministry of Commerce in Order No. 63/2020, dated August 28 2020. The order did not mention the closing date of the soft-opening period, but many were counting on the soft-opening period finishing after six months. The soft-opening period for refiling trademarks signals the end of a lengthy process of setting the framework for Myanmar’s new IP protection regime. IP owners should anticipate to see the progressive [...]
As of December 2021, this note provides an update on Myanmar’s trademark law and practice related to the registration of new trademarks and the re-filing of previously registered and used trademarks. New Trademark Registration procedure in Myanmar Under the Deeds Registration Law 2018, a new trademark can be registered with the Office for Registration of Deeds (“Registration Office”) by filing a Declaration of Trademark Ownership (“DTO”). According to the Nice Classification, a single DTO can cover one or more trademarks for one [...]
As of December 2021, this note provides an update on Myanmar’s trademark law and practice in connection to the registration of new trademarks and the re-filing of previously registered and used trademarks. As you may be aware, Myanmar previously lacked a trademark law. Previously, all trademarks in Myanmar had to be registered by filing a Declaration of Ownership of Trademark with the Myanmar Registrar. Of note, all trademarks registered previously have not undergone substantive examination. A new Trademark Law was passed [...]
New trademark registration in Myanmar accepted: Re-file old trademarks in Myanmar now Myanmar shall accept the refiling of trademarks which were already registered in Myanmar under a former trademark system. The refiling is called “SOFT OPENING”. The article highlights the main features which trademark applicants should note about the re-filing trademark in Myanmar. This is a very good news after a silent period after the New Myanmar Trademark Law (Union Law no. 3/2019) was enacted on 30 January 2019. What trademarks shall [...]
What happen to trademark registered under former trademark system? As reportedly the new trademark law in Myanmar was enacted and new trademark filing system shall be available in 2020 or 2021. Requirements for application shall be consist with regulation, thus we will provide after enactment of regulation. In principle, you can find full details of requirement for new trademark in Myanmar here. The new Myanmar trademark law is expected to come into force from 2020 or 2021. Until then the [...]
09 Legal Notes About New Trademark Law In Myanmar Enacted From 30 January 2019 Finally, after a long waiting time, new trademark law in Myanmar enacted from 30 January 2019. There are 09 legal notes about new Myanmar trademark law you should know when filing new trademark in Myanmar. Currently, Myanmar is waiting for Rules & Regulations of Trademark Law and establishment of Intellectual Property Office. The President will issue notify Effective Date of Trademark Law. Myanmar need infrastructure and institution [...]
What is the use of trademark in Myanmar Under the new Myanmar Trademark Law, a registered trademark in Myanmar could be invalidated based on non-use of the trademark. So, what is the use of trademark in Myanmar? The trademark use in Myanmar includes the following: Not changing the distinctive characteristics of the registered trademark in Myanmar but use that trademark in a different form Sticking of the trademark on the goods to be exported or sticking the trademark on the packages and [...]
What is procedure of Invalidating and Cancelling a registered trademark in Myanmar What is procedure of invalidating and cancelling a registered trademark in Myanmar? When following the action of invalidating and cancelling a registered trademark in Myanmar, there are some highlighted notes as follows: Upon the request by the beneficiary that the trademark is inconformity with the definitions in Section 2, sub-section- (g) or the trademark is a denial one with a firm reason as of section 10, and if the trademark [...]
What is considered as infringement to registered trademark in Myanmar? Prosecution of trademark in Myanmar under the new Myanmar Trademark Law is already provided. How about the enforcement of intellectual property? What is considered as infringement to a registered trademark in Myanmar or trademark infringement in Myanmar? One alleged party shall be considered as infringement to trademark in Myanmar if they are one of the following cases: + Explanation, Misleading means using the same class of goods and services as of the registered [...]
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