On January 23, 2023, the Myanmar Department of Intellectual Property (DIP) announced the new Myanmar Trademark Law 2019 will come into effect starting in March 2023. This is a major development for trademark owners in Myanmar.

Currently, trademark owners can record trademarks with the Myanmar Registry of Deeds and then file those recorded trademarks at the DIP during the New Trademark Law “soft opening.” All applications filed during the soft opening receive the same priority application date.

All applications filed during the soft opening have yet to undergo formal trademark examination. However, we expect that, with the enforcement of the New Trademark Law, processes for payment of official fees and for examination will be implemented soon.

With the New Trademark Law being enforced as of March 2023, we expect the Grand Opening of the New Trademark Law system will become effective soon. Once the Grand Opening occurs, trademark owners will be required to register their trademarks through the new processes. That is, applicants will apply for their trademarks directly with the DIP without having their trademarks previously registered under the old trademark system.

Trademark applications filed after the Grand Opening will receive the filing date of the date of their application. This date will be later than the priority date given to all applications filed during the soft opening.

With the enforcement of the New Trademark Law, we expect the soft opening trademark process will end. Thus, considering trademarks filed during the soft opening will have an earlier filing date than applications filed after the Grand Opening, we strongly recommend trademark owners file their trademarks now during the soft opening so they receive the earlier soft opening priority filing date. We can assist with this process on an urgent basis.

We will continue to provide updates on the implementation of the Myanmar New Trademark Law and the developments related to official fees and the substantive examination process under the New Trademark Law.

Author:
Daniel Greif, Southeast Asia Director
Jessica Sangiumpun, Senior Associate, S&O IP Thailand

Daniel Greif

South East Asia Director

[email protected]

+6621172272

Narisara Jessica Sangiumpun

Assistant Director (Thailand) & Head of Enforcement

[email protected]

+6621172272