Myanmar: Trademark updatesAAA IPRIGHT2
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 application of all four of Myanmar’s recently approved IP laws in the coming months and years, resulting in a completely contemporary system that promotes growth and competition in the country.
On August 28, 2020, the Ministry of Commerce (MOC) announced that the “soft-opening period” to refile trademarks under the country’s new Trademark Act would begin on October 1, 2020. This period, which is open to holders of trademarks recorded under Myanmar’s old system and to trademark owners who can prove prior use of their trademarks in the country, is expected to run for six months, though no closing date was stipulated in the MOC announcement. The date of the eventual “grand opening” of the Intellectual Property Department (IPD) will be the filing date for all applications submitted during the soft-opening period.
This alert provides an update on the status of trademark applications in Myanmar.
Soft launch of new trademark system ongoing
- The new electronic trademark registration system’s soft launch is still open and available, and may currently handle online trademark applications.
- The first phase of the opening began on October 1, 2020, and is referred to as a “soft opening” until the new Trademark Law is fully implemented. This current condition is expected to last until the formal debut of the new Trademark Law, the date of which, as well as specifics about associated official fees, has yet to be disclosed.
- In brief, there have been no developments concerning the new electronic trademark registration system since 1 October 2020.
Registration of Declarations of Ownership
- Only trademarks that have been registered via Declarations of Ownership of Trademark and/or utilized in Myanmar will be eligible to be filed during the soft launch of the electronic trademark system.
- The Yangon Office of Registration of Deeds and Assurances (“Registration Office”), which processes Declarations of Ownership applications, is now open for business and accepts new registrations.
- In order to take advantage of the common filing date, proprietors of new trademarks should first register them with the Registration Office via Declarations of Ownership and then submit them under the new electronic trademark system.
Myanmar is still dealing with a serious outbreak of COVID-19, and transportation is restricted. All new Declarations of Ownership registrations will be pooled and attended to once a month at the Registration Office to reduce the danger of collateral damage.
*** 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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