Things to keep in mind with Trademark Law in Myanmar 2019

From October 21, 2019 to October 25, 2019, the Myanmar Ministry of Education together with the World Intellectual Property Office (WIPO) organized a seminar to introduce important legal issues related to the Law. Myanmar’s new brand; In particular, the main issues to note include:

Firstly, the implementation of Myanmar’s new Trademark Law will consist of two stages:

Soft Opening – the period for applications submitted before the Law takes effect, and

Grand Opening – The stage for new applications.

Second, under the new law, Myanmar will apply the principle of “first application” instead of the “first use” principle as before.

In addition, Myanmar’s Intellectual Property Office will be established in the future by the Ministry of Commerce of this country. This will be the agency responsible for receiving and processing trademark applications under the new Myanmar Law.

NOTICE IN THE “SOFT OPENING” PHASE – PHASE FOR REGISTRATION APPLICATIONS HAS BEEN SUBMITTED BEFORE THE TIME FOR THE NEW LAW TO EFFECT

  1. This period will start from January 2, 2020 and end on July 2, 2020. During this period, previously filed trademark applications in Myanmar need to be returned.
  2. Reapplying will apply the principle of “first application”.
  3. Re-registration documents during the “Soft Opening” period should be noted:
  • For trademark applications filed under the old system but not yet granted diplomas:
  • Brand sample, color requirements of the brand
  • Application owner name, passport number or ID card, and detailed address
  • List of goods / services to be registered
  • Documents claiming priority rights (if any)
  • Copy of trademark ownership under the current trademark registration system;
  • If the trademark is not registered but has been used in Myanmar. Proof of use and first use date should be provided.
  • Authorization letter. The current provisions on new Power of Attorney are being discussed by Myanmar Intellectual Property Office. Information will be updated by ANS Law as soon as possible.
  • For trademark applications that have been granted licenses under the old system:
  • A snapshot of the trademark application,
  • Applicant’s name, passport number or ID card, and detailed address,
  • License number and license date,
  • Product / service catalog

d. During the “Soft opening” period, new trademark applications will not be accepted.

If the application owner wants to register a new trademark and return the application during the “Soft opening” period (instead of waiting until the Grand Opening stage), their trademark application needs to be filed under the old system before the 31st. / 12/2019. This will be a great advantage for individuals and organizations that have not used the trademark in Myanmar; because according to the draft law, this period will apply the principle of “first application”.

Therefore, individuals and organizations should take advantage of the opportunity to be able to apply for trademark registration in Myanmar in 2019).

NOTICE IN THE GRAND OPENING PHASE – PHASE FOR NEW BRAND REGISTRATION APPLICATIONS

            -The Grand Opening phase begins the day after the Soft Opening ends, scheduled for July 2, 2020 after the launch of a complete new trademark application system.

At this stage, trademark applications will be filed with the Myanmar Intellectual Property Office in accordance with the new Trademark Law.

At present, the NOIP has not officially regulated the documents required to apply. However, according to information at the Conference of the Ministry of Education of Myanmar and WIPO, the expected documents include:

  • Name, address, passport number or ID card of the applicant.
  • Sample branding, requirements on brand colors
  • List of goods / services to be registered
  • Documents claiming priority (if any)
  • If the trademark is not registered but has been used in Myanmar. Proof of use and first use date should be provided.
  • Power of Attorney. The current provisions on new Power of Attorney are being discussed by Myanmar Intellectual Property Office. However, it is expected that the Power of Attorney will need to be notarized and authenticated by the Myanmar Embassy.

Leave a Reply

Your email address will not be published. Required fields are marked *

Posts Same Category