Myanmar's recently enacted Trademark Law 2019 is gaining traction. The initial focus is on developing a system to register marks. This will be introduced in two phases: the 'soft opening' (which commenced 1 October 2020), followed by the 'grand opening' (scheduled for 1 April 2021).
In August 2020 the Ministry of Commerce issued Notification 63/2020, which promulgated the launch of October's soft opening period, which will last six months. Two categories of mark are eligible for registration:
- marks which have previously been filed at the Office of Registration of Deeds (ORD) under the old declaration of ownership system; and
- marks which are in actual use in Myanmar, but have never been filed at the ORD.
Owners of Category A marks may immediately avail themselves of the new registration system by submitting:
- a specimen of the mark;
- the owner's name and address;
- the declaration of ownership previously filed at the ORD;
- the specification of goods or services, no broader in scope than previously declared;
- a translation or transliteration of non-English terms within the mark;
- a claim detailing colours of the mark (if necessary); and
- a copy of any cautionary notice previously published via newspapers.(1)
Owners of Category B marks can also file immediately. The documents listed above must be submitted, with the exception of the declaration of ownership. This is replaced by evidence that the mark has been 'put to use' in Myanmar, for example via:
- marketing or publicity materials;
- sales invoices; or
- tax receipts.
Under Trademark Law 2019, first to file is prima facie evidence of ownership. If a brand has taken any steps thus far to establish itself in Myanmar, this soft opening is a golden opportunity to get registered and stake a priority claim early.
Endnotes
(1) Details on the old trademark system, including cautionary notices and declarations of ownership, is available here.
