New progress on the New Trademark Law

The Myanmar Intellectual Property Department (“MIPD”) has announced on 12th January 2023 that the Trademark Law 2019 was planned to be enforced in March 2023. Once it is enforced, the Trademark Registration would be officially accepted including payment.

The Trademark Representative is regarded as the one who have the WIPO File User Account and has completed the Trademark Registration Representative Training Course (which will be opened in February 2023). For those who have not attended the former training programs by MIPD and the Trademark Registration Representative Training Course will not be qualified as the trademark registration representatives.

Filing strategy

In order to welcome the implementation date of the new trademark law, the Myanmar Government has launched a Soft-Opening period giving priority to the existing trademark owners to re-file their mark with MIPD. All applications that are filed during the Soft-Opening period will bear the same filing date.

The following recommendations are for those who want to enjoy the seniority right in the Soft Opening:

1. Unregistered/Unused Marks that want to enjoy the seniority right in the Soft-Opening    [to be filed before March 2023]
   If the marks are not yet registered nor used in Myanmar but want to enjoy the seniority right in the Soft-Opening to have the earliest filing date (e.g. the first day of the Grand-Opening), the applicant must urgently proceed with the two-step registration by (1) endorsing the Declaration of Ownership (“DOOs”) under the old regime and (2) re-filing the marks based on such endorsed DOOs in the Soft-Opening.
   
   
2. Registered/ Used Marks that have not been re-filed yet in the Soft-Opening [to be filed before March 2023]
   The applicant must urgently proceed with re-filing the marks if the marks are (1) already registered at the Office of Registration of Deeds under the old regime and/or (2) used in Myanmar market but not yet re-filed in the Soft-Opening.
   

See also:
Myanmar Trademark Registration Costs and Procedures