Myanmar’s New Trademark Registration System: Soft Opening Period to commence on October 01, 2020

The Ministry of Commerce of Myanmar, vide its notification dated August 28, 2020, has announced that the Soft Opening Period for filing trademark applications under the new trademark registration system will commence on October 01, 2020.

During the Soft Opening Period, requests under the new registration system may be filed for:

1. Trademarks registered by way of Declaration of Ownership; or

2. Trademarks being used in Myanmar.

The new system will be implemented in two phases. The first phase will be the Soft Opening Period (starting October 01, 2020), followed by the Grand Opening Period in the second phase. The notification is silent on the duration of the Soft Opening Period.

The trademark rights under the new registration system will be granted on a first to file basis. It is important to note that once the new registration system is implemented, existing trademark declarations and trademark notices will no longer be sufficient to demonstrate ownership of trademarks in Myanmar.

In order to maintain trademark rights in Myanmar, it is advisable to register the marks under the new registration system as soon as possible.

Re-filing of registered marks

The following documents and information are required for re- filing of the registered trademarks:

• The representation of the trademark(s)-

must be identical to the mark(s) previously registered with the RDA;

• Owner’s name and address;

• The appropriate class(es)- as per Nice Classification;

• Description of Goods/Services- must be identical to the goods/services previously registered with the RDA and any additional expansion shall not be considered;

• Declaration of ownership previously recorded with the RDA (true copy);

• Cautionary Notice previously published;

• Proof of the Transfer of Rights or name change of the trademark owner (if any).

Filing of trademarks in use in Myanmar

Owners of trademarks who have used their trademarks in Myanmar but had not previously registered the mark under the old system shall also be given the opportunity to take advantage of the Soft Opening Period. The documents and information required for the same shall be:

• The representation of the trademark(s);

• Owner’s name and address;

• The appropriate class(es)- as per Nice Classification;

• Description of Goods/Services;

• Evidence of use of the mark(s) in Myanmar;

• Evidence regarding promotions or marketing materials of the mark(s);

• Tax receipts/ invoices;

• Other documentary evidence as may be requested by the Registrar.

For any additional information, please feel free to reach out to us at info@candcip.in.