It was previously hoped that the 'grand opening' of Myanmar's first dedicated mark registration system under the Trademark Law 2019 would take place in April 2021 (for further details please see "New trademark system's 'soft opening'"). However, since the military coup in February 2021, both the commencement of the Trademark Law and the grand opening of the new registration scheme have been suspended.
Both life and law are evolving daily in Myanmar. The Intellectual Property Office (IPO) is keeping things simple by extending the 'soft opening' period until further notice. Practically, two categories of mark are currently registrable:
- 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 not been filed at the ORD.
The IPO no longer appears to be accepting new registrations under the old deeds system. The modern looking Intellectual Property Department online filing portal remains live. The progressive steps that were previously taken towards the new system have not been undone but their outcome has been delayed. The junta has dissolved many key bureaucratic political committees across the public sector.
While uncertainty remains, parties should take extra care with their applications. Where possible, it may be advisable to carry out certain actions in person.
