After much anticipation, Myanmar’s Trademark Law and Industrial Design Law were enacted on 30 January 2019. The corresponding regulations are expected to follow shortly.
As the new laws follow a first-to-file rule, rights will be obtained on a “first come, first served” basis. As such, we strongly urge all brand owners to prepare to register their old and new marks as soon as the new Myanmar IP Office begins accepting applications.
APPROACH 1: Trademarks that have not yet been filed at the Registry of Deeds under the Registration Act in Myanmar
The new Trademark Law contains certain priority rights for marks that are filed at the Registry of Deeds under the previous laws. The owner of the mark will thus be able to ensure that the rights for his/her trademark(s) are given priority when the mark is then re-registered within a prescribed time period under the new laws.
To date, it is uncertain when the actual implementation of the new laws will take place. As such, if you have new trademarks that you intend to file in Myanmar, we suggest you do so at the Registry of Deeds to ensure that you are entitled to these priority rights once the new laws are implemented.
APPROACH 2: Trademarks that have already been filed at the Registry of Deeds under the Registration Act in Myanmar
With our growing office in Yangon, we would be pleased to assist you to secure adequate protection for your trademarks under the new laws. In order for us to do so, we suggest you confirm the trademarks you intend to file in Myanmar to allow us to prepare:
- the presentation of the Trademark(s);
- the appropriate class(es);
- the description of Goods/Services; and
- evidence of previous registration in Myanmar
Note:
Other priority rights and exhibition rights will be provided under the new laws, whereby if the applicant had formerly registered their trademark or had their trademark placed on exhibits in an officially recognized exhibition in a foreign country (PARIS Convention or WTO member), they are entitled to priority if the application is filed in Myanmar within 6 months of the date of registration or exhibition of the trademark.
We look forward to receiving your prompt instructions for us to do the necessary in good time.
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