Trademark

Advice

The new Trademark Law in Myanmar which was enacted in January 2019 came into effect on October 1, 2020, and will be implemented in two (02) phases including the Soft Opening (Phase 1) and Grand Opening (Phase 2). 

The new system will start with zero registered trademarks. All previously registered trademarks will be void and lose their protection. To continue to protect trademarks in Myanmar, the current and previous registered marks must be refiled under the new filing system on a first-to-file basis.

• During the period of the Soft Opening from October 01, 2020, to April 2021^*: (i) No new trademark will have the rights to file a trademark application for registration, except registered trademarks under old regulations and (ii) only registered trademark owner under old regulations have the rights to re-file to get the prior filing date. The re-filing trademark application during the Soft Opening is expected to be examined during the period of the Grand Opening.
• During the period of the Grand Opening from around April 2021^*: all applicants, including owners of trademark registrations under old regulations, can file new Trademark applications.

* However, regarding the “Soft-Opening” period for re-filing trademark registrations in Myanmar, after attending the latest meeting between the Union Minister & Deputy Minister and officials from Myanmar IPD, we would like to inform you that the “Soft-Opening” period shall extend instead of being closed on 01 April 2021 as previously estimated by the Myanmar IPD. The finishing time of the “Soft-Opening” period shall be officially announced by MM IPD later.

In this uncertain situation, in order to retain protection for the registered trademarks (under the old system) of your client, we would like to advise the client to proceed with re-filing their trademarks as soon as possible.

Besides, we would like to note that the Grant Opening period where a new trademark application can be filed has not been determined at this time.

Required documents

In order to re-file the registered trademark during this Soft Opening period, the following documents are required:

1. An original signed and notarized Power of Attorney. 
2. A scanned copy of the previously registered Declaration of Trademark Ownership.
3. Evidence of use in Myanmar (can include published Cautionary Notice, Photos of participation in exhibitions, Tax receipts) – if any
4. Confirmation of the Classes and List of goods under the Nice Classification of 11^th Edition 
5. Additional detail information of the Applicant:

• For company applicant: Company Registration Number (compulsory); Company Legal Entity type; Full Address of Applicant; Phone Number & Email (optional)
• For the individual applicants: Scanned copy of Passport.

In case you require more information or require advice on trademarks in Vietnam, Laos, Cambodia, and Myanmar as well as other IP matters, please do not hesitate to contact us via:

ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com

We would like to advise you that in Myanmar, the new system will start with zero registered trademark. All previously registered trademarks will be void and lose their protection. To continue to protect trademarks in Myanmar, the previous registered marks must be refiled under the new filing system on a first-to-file basis.

The procedure of recordal of trademark amendment, renewal, assignment at this time in Myanmar actually is the procedure of re-filing new TM application along with the following required documents:

• An original signed and notarized Power of Attorney.
• A scanned copy of previously registered Declaration of Trademark Ownership.
• Trademark sample
• Confirmation of the Classes and List of goods under the Nice Classification of 11th Edition
• Additional detail information of the Applicant:
• For company applicant: Company Registration Number (compulsory); Company Legal Entity type; Full Address of Applicant; Phone Number & Email (optional)
• For individual applicant: Scanned copy of Passport.
• Original notarized Declaration of Change of Name/Address or legal documents showing the change of name/address ( in case of recordal of TM amendment)
• Original and Notarized Assignment Agreement (in case of recordal of TM assignment)

Besides, the regulations regarding time frame for recordal of trademark amendment, renewal, assignment procedures in Myanmar has not been determined at this time.

The total cost including official fees, attorney fees and disbursements cost for the recordal of recordal of trademark amendment, renewal, assignment from the filling stage to obtaining the recordal of trademark amendment, renewal, assignment.

In case you require more information or advice regarding trademark matter in Cambodia, Laos, Myanmar, Vietnam, ASEAN and other countries, please do not hesitate to contact us.

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ELITE LAW FIRM – 255 Hoang Van Thai Str., Thanh Xuan Dist., Hanoi, Vietnam

Tel: 0243 7373 051 | Hotline/Whatapps: 0988 746 527 | Email: info@lawfirmelite.com