Myanmar initiates trademark application publication under new law
On May 1, 2024, Myanmar began the long-anticipated publication of trademark applications as per the Trademark Law 2019. This new process allows third parties to oppose published trademarks within 60 days, citing reasons based on absolute or relative grounds for refusal outlined in the law.
Darani Vachanavuttivong, Managing Partner and Managing Director at Tilleke & Gibbins, noted that Myanmar’s Intellectual Property Department (IPD) had started accepting re-registrations for old marks during a “soft opening” period on October 1, 2020.
The formal acceptance of new trademark applications began on April 26, 2023. Nearly four years after accepting the first application, the IPD started examining the formalities of the earliest applications. Those that met the requirements and passed the IPD’s examination have now been published in the IPD’s inaugural trademark journal.
Yuwadee Thean-ngarm, Partner and Director at Tilleke & Gibbins in Yangon, emphasized the importance of this publication period. It allows the public to file oppositions within 60 days. If no opposition is lodged, the mark moves to registration without substantive examination by the IPD for similarity or priority. This publication step is pivotal for Myanmar’s trademark system, advancing marks filed under the Trademark Law 2019 closer to registration.
Thean-ngarm also highlighted that this period is critical for brand owners in Myanmar. The new system permits third parties to oppose marks similar to their own, a provision absent in the old system. As the IPD does not conduct substantive examinations unless an opposition is filed, brand owners must actively monitor published marks to safeguard their brands.
Khin Yadanar Htay, Associate at Tilleke & Gibbins, pointed out that Myanmar’s intellectual property system has significantly evolved. The country transitioned from a zero-database approach and a ‘first-to-use’ system to a ‘first-to-file’ system under the Trademark Law 2019. With the publication of marks, the IPD aims to create a systematic database for mark searches and registrations, aligning with international standards. After the opposition period, unopposed marks will be registered, securing full statutory protection. This development is expected to strengthen trademark protection in Myanmar, offering enhanced benefits for brands and individuals.
*** Other Articles***
– You could visit here to see Procedure of Myanmar Trademark Registration.
– You could see the full new Myanmar Trademark law here
– You could visit here to see Procedure of Myanmar Trademark Registration (effective soon).
– You could visit here to check the required documents for filing trademark in Myanmar
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