NEW MYANMAR TRADEMARK LAW
On 30 January 2019, the new Myanmar Trademark Law was finally approved and signed by the President of Myanmar. However, it might take a certain period of time for the relevant official authorities to establish the relevant regulations and rules to implement the new Trademark Law, including setting up the Intellectual Property Office, Intellectual Property Courts and issuing regulations concerning the Government Fee schedule and application procedure.
In the past there never existed a trademark registration practice in Myanmar. Trademark owners only had the option of recording a Declaration of Ownership of Trademarks with the Registration of Deeds and Assurance Office.
Once the regulations/rules are entered into force, the Trademark owners who have recorded the declaration of ownership of trademark under the current trademark system with the Registration of Deeds and Assurance Office, and who wish to continuously obtain the trademark protection in Myanmar, must re-file their trademarks applications under the new trademark law during the transition period.
The existing registered declaration of ownership of trademark will not be automatically registered under the new Trademark Law. The registered declaration of ownership of trademark under the current system may be considered as prima facie evidence to grant the trademark registration. However, we need to wait and see how this will be addressed in the regulations to be issued in support of the law.
The new trademark law introduces a first-to-file system; the trademarks registered under the new trademark law will be valid for 10 years from the filing date and renewable every 10 years. A priority claim will be also acceptable. The owners who wish to file the trademark under the new system are advised to prepare the following information and documents:
This article is prepared by Pavinee Bunyamissara/Thananchanok Srisomwongse
SCL Law Group