Myanmar’s new Trademark Law was enacted on 30 January 2019. However, the implementation of the new law has yet to take place and the corresponding regulations have yet to be released. Trademark registrations under the new law will follow the first-to-file rule and further information can be found here and here.
What are the latest updates?
We were recently notified that there will be a “soft opening” system launched for recorded trademarks in Myanmar. Pursuant to the official announcement from the Myanmar Government (here), it is stated that all the existing trademark owners who have previously recorded their trademark(s) at the Office of Registration of Deeds may now re-register their applications during the soft opening in order to maintain the protection of their trademarks under the new law.
When will the soft opening system be launched?
It will be available in early 2020, followed by a grand opening to be tentatively launched in the middle of 2020. No official dates have been announced. We will keep you updated on this.
How long is the soft opening period?
The soft opening system is expected to run for tentatively 6 months.
What are the required documents and information for the re-registration during the soft opening period?
At present, the required information and documents for the re-filing of applications in Myanmar under the soft opening system are as follows:
- the presentation of the Trademark(s)
- the owner’s name and address
- the appropriate class(es)
- the description of Goods/Services
- evidence of previous registration or renewal in Myanmar (i.e. the Declaration of Ownership)
- evidence of change of name or address for the application as recorded with the Registry of Deeds (if any)
Should there be any additional document(s) required at a later date by the Government, further updates will be provided. Stay tuned!
How about the fees?
We will be pleased to provide you with our fees for this upon receipt of further details on your trademark(s) to be re-filed during the soft opening system. Kindly contact us and we will be happy to assist you accordingly.
What should I do if I have not recorded the trademark before the soft opening period?
The owner will need to wait for the grand opening for their trademark to be filed under the new law. The soft opening period is exclusively for owners who have previously recorded their trademark(s) under the prior practice.
As such, it is strongly advisable for the owners who have yet to record their trademark(s) under the current practice to record the same at the Office of Registration of Deeds as soon as possible, before the soft opening period is launched. Due to the imminent timeline, do contact us as soon as possible and we will assist you further to ensure that you are entitled to these priority rights once the new laws are implemented.
More updates will be provided once we receive further official announcements from the Government. Feel free to contact us at hello@kass.asia should you have any questions and we will be pleased to help!
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