Myanmar Trademark Law (Pyidaungsu Hluttaw Law No. 3/2019) was signed into law on January 30, 2019, establishing the framework for a comprehensive trademark registration system open to both foreign and domestic trademark owners. Once the administrative bodies and enabling legislation to support this system are in place, all existing trademark owners who have recorded their rights under Myanmar’s old system (under the “THE REGISTRATION ACT, 1908.”) will have to file new applications to protect their marks under the new law.

Major changes in the 2020 new trademark law in Myanmar

• A classic application process: the law will introduce standard formality and substantive examination, a publication for oppositions and issuance of a Certificate of Registration.
• The new definition of the mark: a “mark” will include trademarks, service marks, collective marks, certification marks, 3D marks (shapes and packaging) and geographical indications. Well-known marks and trade names will also be granted protection.
• Priority claim: the trademark owners will be able to claim priority from any application or registration filed in a Paris Convention country within a period of six months from the first filing.
• A new “first-to-file” system: Myanmar will shift from a “first-to-use” system to a “first-to-file” system aligning Myanmar with other ASEAN countries.
• 10-year validity: registration of a mark is valid for ten years from the trademark application filing date. It can be renewed every ten years for a further 10-year term.
• Cancellation and invalidation: a trademark registration can be cancelled for non-use or invalidated for non-registrability by third parties.
• Language: the documents can be submitted either in English or in the local language.

Requirements for re-filing

• Applicant/owner’s details
• Clear specimen of the mark to be re-registered
• Classes and list of goods and/or services
• Scanned copy of the stamped Declaration of Ownership of Trademark
• In case the mark has not been registered yet: copy of the Cautionary Notice as published (if any) and/or evidence of use of the trademark in Myanmar if the mark is already in use.