Myanmar Trademark: Have You Re-registered Under the New “First to File” Regime?

Following our recent update on the soft opening phase of trademark re-registration along with additional clarifications on the soft opening process, we would like to inform our readers that the trademark re-registration process successfully began on 1 October 2020. The re-registration process is completely online-based and involves filling up a form and uploading relevant documentary evidence.

The online form includes information regarding the proprietor of the mark. The specific details of the mark – the type of mark, color claim, class, class description, mark translation, mark transliteration and a pictorial representation of the mark has to be included on the form. The documentary evidence which should ideally accompany the form is a declaration of deeds filed with the Office of the Registration of Deeds, cautionary notices published in journals and any other documents evidencing the use of the mark in Myanmar. This soft-opening phase is expected to continue for six months until the Trademark Law 2019 is officially enforced.

The Ministry of Commerce (“MOC”) has issued further clarifications on the re-registration process. The official filing date of the trademark will be deemed to be the date on which the mark is accepted by the MOC. This will be after completing the online filing and paying official fees. The trademark owners will be able to claim priority rights from that date. While the official fees and payment mechanism are yet to be announced by the MOC, trademark owners should proceed with the online filing process as soon as possible to avoid last-minute complications.

We can help

DFDL has been successfully filling online applications on behalf of numerous domestic and international companies. The online platform allows applications to be filled seamlessly ensuring a smooth transition from the ‘first to use’ to ‘first to file’ regime in Myanmar.

With a dedicated and skilled team, longstanding expertise and on-ground experience, DFDL stands ready to help you with the re-registration process under the new system as soon as possible. As always, we would be happy to discuss this with you further and offer our services.

The information provided here is for information purposes only, and is not intended to constitute legal advice. Legal advice should be obtained from qualified legal counsel for all specific situations.

IP Team

Kyi Nyein Chan

Legal Adviser