IDG is here to bring you an official announcement from Myanmar government. On 28 August 2020, the Ministry of Trade and Commerce Department in Myanmar announced an Order for the new trademark registration system.
The new trademark registration system will start on 1 October 2020. The registered trademarks under the old system and the unregistered trademarks that are already in use in the local Myanmar market are entitled to apply for registration under New Trademark Law.
According to this Order, registered and unregistered trademark owners can be re-registered through law firms or IP services companies in Myanmar to maintain their trademark protection.
The registered trademark owners must present following evidences to prove that the trademark was previously registered with the Registrar’s Office Such as:
- Trademark previously registered at the Deeds Registration Office;
- Registration certificate registered at the Deeds Registration Office;
- Evidence published in a newspaper or public;
- Evidence of actual use in the market of the Union;
- Proof of advertisement that your brand has been marketed or promoted;
- Tax receipt or expense receipt;
- Evidence such as transfer from the trademark owner or change of name from the trademark owner if the applicant is not the trademark owner registered in the previous deed registration office;
- Other evidence;
The trademark was used in the local Myanmar market and that the trademark is still being used by the trademark owner alone must present following evidence such as:
- Evidence of actual use in the market of the Union;
- Proof of advertisement that your brand has been marketed or promoted.
Applicable fees, including trademark registration applications, and the method of paying such fees will be announced separately before the promulgation of the Trademark Law. IDG will update the related cost as soon as it is made available to the public.
Since this is the first time the new trademark laws to be implemented, there is no concrete definition for what level of use of a mark in local market is allowed to register trademark under the new trademark law. Our advice for the owners of trademark who have not yet registered is to consider filing trademark registration under current trademark registration system as soon as possible in order to secure its right to file under the new trademark system.
Should you have any question or inquiry on the upcoming Myanmar new trademark laws. Please revert to us and we can provide you with required document check list to best prepare you for the new registration. Looking forward to hearing from you.
