Myanmar Trademark Registration and Re-Filling UpdateAAA IPRIGHT5
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 or more classes of goods or services. There are no procedures for examination or objection. If the Registrar deems that the DTO complies with the Deeds Registration Law, registration is allowed two weeks after the DTO is filed.
The Registry Office in Yangon has begun accepting DTO files for the registration of new trademarks under the previous legal system as of May 1, 2021. Each DTO’s registration is approved by the Registry Office in around two weeks.
A trademark registration does not have an expiration date. After the DTO is registered, the trademark owner must issue a Cautionary Notice (“CN”) in a local newspaper to advise the public of the trademark ownership and to prevent trademark infringement.
It is standard procedure for the owner of a registered trademark to publish a CN for that trademark once every three years.
New Trademark Law 2019: Re-filing Registered Trademarks
The Ministry of Commerce of Myanmar (“MOC”) has issued Order No. 63/2020, which allows trademarks registered with the Registration Office or used in Myanmar to be re-filed via the WIPO/IPD online filing system. The re-filing period (also known as the “Soft Opening Period”) began on October 1, 2020, and will end on the MTL2019’s implementation date. The President of Myanmar will declare the MTL2019’s start date later. The formal filing costs and form of the official POA have yet to be released by the MOC.
The IPD has accepted roughly 45,000 re-filing applications for registered and used trademarks as of December 27, 2021. In 2022, the IPD will continue to accept re-filing applications.
*** 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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