New trademarks legislation in Myanmar

New trademarks legislation in Myanmar

New trademarks legislation in Myanmar

The new Trade Mark Law (2019), which is under the authority of the Ministry of Commerce (MOC), is expected to take effect in March 2023, according to a notice published on January 12th, 2023 by the Department of Intellectual Property of Myanmar (DIPM). Parties need to be aware of the Trade Mark Law (2019) and the relevant processes and requirements are highlighted in this Update.

On January 30, 2019, Myanmar approved the Trade Mark Law (2019). The new legislation attempted to make a few amendments, including the introduction of an official trademark examination procedure and a new electronic trademark system. The Trade Mark Law (2019) has not yet been completely implemented, however, the MOC had previously declared a “soft opening period” for the law’s partial adoption beginning on October 1, 2020.

The DIPM began accepting applications for the re-registration of trademarks that had previously been registered through Declarations of Ownership submitted with the Office of Registration of Deeds at this time, and each of these applications was given an application number. Due to the potential for the continued protection of their marks after the transitional period, this offered a significant benefit to all trademark owners under the previous system of trademark registration. 

Nevertheless, the Trade Mark Law (2019), whose anticipated implementation date has not been disclosed, will not be fully implemented until after the actual examination of the registrability of the marks registered during this “soft opening period” has been completed.

Following much anticipation, the DIPM finally announced on January 12, 2023, that the Trade Mark Law (2019) is expected to go into effect in March 2023. This is a significant advancement in the new trademark registration system’s implementation. The notice comes after a previous announcement of DIPM Order No. 44/2022 dated 1 July 2022 about the trademark application form and other forms to be utilized by the public for various applications under the Trade Mark Law (2019).

Before the Trade Mark Law (2019) goes into effect in March 2023, more regulations, including the formal requirements and fees for submitting a new trademark application in Myanmar, are likely to be issued by the DIPM.

Following the full implementation of the Trade Mark Law, it is anticipated that for earlier applications submitted under the “soft opening period,” the relevant Office Action (OA) will be rendered and served on the applicant’s agents (2019).

*** Other Articles***

– You could visit here to see the Procedure for Myanmar Trademark Registration.

– You could see the full new Myanmar Trademark law here

– You could visit here to see the Procedure of Myanmar Trademark Registration (effective soon).

– You could visit here to check the required documents for filing a trademark in Myanmar

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