New changes in the trademark law in MyanmarAAA IPRIGHT2
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 right holder needs to protect their trademarks by registering their trademarks with the Myanmar Department of Intellectual Property.
The trademark rights under the new trademark registration system will naturally be granted on a first-to-file basis.
The Declaration of Ownership (“DOO”) recorded at the Office of Registration of Deeds (“ORD”) and Cautionary Notice(s) published in the old regulations will no longer be sufficient to protect the trademarks in Myanmar once the new trademark law comes into force.
Changes in the new trademark law in Myanmar
On August 28th, 2020, the Ministry of Commerce issued Notification no. 63/2020 about the soft-opening period as well as the grand opening.
The soft-opening period is the time for refiling the trademarks that have already been registered with the Registry of Deeds and Assurance (RDA) or are being used in Myanmar.
The soft-opening period in Myanmar was launched by the Myanmar Government to provide priority to existing trademark owners to re-file their trademark applications with MDIP.
In 2020, there is no mention of the closing date of the soft-opening period. It was expected to last only for 6 months. However, in reality, the “Soft Opening Period” or “SOP” started on October 1st, 2020, and will end on the effective date of the TML 2019 that is still not yet been reached.
Although it is expected that the TML comes into full force at the end of 2022, due to the actual circumstance of this country which is still under the effects of civil war and the lasting Covid-19 pandemic, the opening date of the “grand opening” of the Intellectual Property Department (IPD) might continue to be prolonged.
The “grand opening” of the IPD will be the filing date for all applications submitted during the soft-opening period in Myanmar.
However, it should be noted that the soft-opening period is only for trademark owners that have previously registered a trademark in Myanmar or their trademarks are currently in force. Applicants who wish to file new trade marks which have neither been registered with the RDA nor used in Myanmar during the SOP shall need to first record their mark with the RDA or use them in Myanmar, and then refile the mark during the SOP.
All applications filed during the Soft Opening Period will bear the same filing date – the first day of the “grand opening” of the MDIP.
*** 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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