The new trademark law of Myanmar was coming into effect by the Parliament. The new law was expected to systematize trademark registration procedures and adhere to International standards for Myanmar to engage in International Treaties of Intellectual Property as well as WTO. The new Law replaced the old first-to-use system with the new first-to-file system. This new law aligns Myanmar with other ASEAN countries.
The required documents to register a trademark in Myanmar
- Owner’s name and address;
- Clear specimen of the proposed mark;
- Classes and list of goods and/or services (identical to those already recorded with the Registrar of Deeds);
- Claim of priority (if any) and its supporting documents;
- Claim of colors of the mark;
- A scanned copy of the recordation of the declaration of ownership or renewal of the Registrar of Deeds;
- If the trademark is already used in Myanmar, evidence of use and the first date of use.
Appraisal process of trademark registration applications in Myanmar
Examination of a trademark registration application is conducted through the following 5 steps:
- Submit an application;
- Appraisal of the formality;
- Content evaluation;
- Publication of the application for third party objection purposes;
- Grant a protection certificate if the application meets the protection requirements.
Requirements for a trademark registration declaration
Language: Trademark registration application is made in either Myanmar or English. Applicants must only submit a Burmese or English translation upon request from the registry.
Information and documents required in the application declaration:
- Name and address of the applicant;
- If the application is filed by an IP representative, the name and address of the IP representative must be provided;
- Information and description of the trademark;
- Group and list of goods/services consistent with the international goods/service classification;
- If the applicant is making an application on behalf of an organization, the organization’s registration number, type and country should be provided;
- If the applicant has a claim for priority, the claim is accompanied by documents proving that the applicant is entitled to priority;
- Where identical or similar trademarks are filed by different applicants with different filing dates, a trademark application with the earliest filing date will be granted protection if the criteria for protection are met.
The grounds of trademark denial
- Trademarks contain prohibitions under the new Laws of Myanmar;
- Trademark is a sign of general use.
- Trademarks go against the public order, morality, beliefs, or culture of Myanmar;
- Trademarks contain symbols of the national flag, symbols of the State, symbols of governmental organizations, intergovernmental organizations, symbols of the State, foreign or international organizations, flags, or symbols of the Red Cross or Red Crescent.
- The trademark contains a symbol that is protected under international treaties to which Myanmar is a member. Symbols are not accepted for registration as trademarks.
Objection and termination of protection certificate
Organizations or individuals wishing to object to the granting of a protection certificate for a trademark may file a written objection on the prescribed grounds within 60 days of the date the trademark is published. If no objection is filed within this time, the trademark will be accepted for protection if it is required by the MIPO to pay the registration fee.
At the request of parties with related rights and interests, the Registry will decide to terminate the validity of the registered trademark if it has not been used within 3 consecutive years from the date of registration for which the trademark owner has failed to provide a valid reason for such non-use.
You can see a list of Myanmar IP firms here.