Introduction to Myanmar’s Trademark Law
Myanmar’s trademark landscape underwent a significant transformation with the introduction of the Myanmar Trademark Law in 2019. This new legislation marked a shift from a usage-based system to a formal registration process, aligning Myanmar with international intellectual property standards.
Key Developments
- August 28, 2020: The Intellectual Property Department (IPD) initiated a “soft-opening period” for trademark refiling.
- October 1, 2020: Commencement of the six-month phase for refiling trademarks from the old system.
- Current Status: New trademark applications are being accepted under the electronic trademark system.
Registration Process
- Application: Submit to the Myanmar Intellectual Property Office (MIPO).
- Examination: MIPO reviews for formal and substantive compliance.
- Publication: Accepted applications published in the Myanmar Trademark Gazette.
- Registration: Certificate issued if no successful oppositions.
Requirements for Registration
- Applicant details (name, ID, address, nationality)
- Clear trademark representation
- List of goods/services covered
- Priority claim details (if applicable)
- Notarized Representative TM-2 Form
Fees and Timeframe
- Total Registration Cost: $345 USD per class per mark
- Filing Fee: $225 USD ($75 official + $150 professional)
- Certificate Fee: $120 USD ($75 official + $45 professional)
- Processing Time: 12 months or more
Validity and Renewal
- Initial validity: 10 years from filing date
- Renewable for successive 10-year periods
Additional Procedures
- Trademark Search: Review newspaper caution notices for potential conflicts
- Examination: Assesses legal compliance and distinctiveness
- Publication: 60-day period in Official Gazette
- Opposition: 60-day window for third-party objections
- Appeals: Available for rejected applications or unsuccessful oppositions
Enforcement
- Administrative Actions: Throughout the registration process
- Criminal Enforcement: Penalties for counterfeiting and related offenses
- Civil Enforcement: Injunctions, damages, and infringement remedies
- Customs Control: Suspension of suspected counterfeit goods
Legal Partnership Opportunity
Our law firm specializes in trademark registration in Myanmar, offering expert support throughout the process. We invite legal professionals to partner with us for comprehensive intellectual property protection services.
Contact:
Bonjour Myanmar Trademark Registration
Building 244/246, First Floor, Pinlon Htaithtar Condo,
Pansodan Road, Kyauktada Township, Yangon Region, Myanmar
+95 (09) 40 30 30 120
management@myanmariplawfirm.com / myanmarlawfirm@gmail.com