Myanmar Trademark Alert: Online Filing From 1st Oct 2020

As a follow up to our email earlier this year about the soft-opening period for the reregistration of trademarks, please note that the Ministry of Commerce (“MOC”) has issued order 63/2020, dated 28 August 2020, in relation to the implementation of the online system for reregistration of trademarks that will start from 1 October 2020 (“Order”). According to the Order, the official application date is deemed as the date upon which the submission is officially accepted; the existing owners will be able to claim their priority rights from this point onward.

The application must state the same as the trademark registered with the Office of Registration of Deeds (“ORD”), including the list of goods and services stated in the ORD registration, along with the application fee and valid documentary evidence. In addition, the Order states that the reregistration application must initially be directed through law firms or service providers, and the existing trademark owners can only file the application themselves at a later stage. However, the Order does not specify the timing as to when the application must go through a law firm or service provider or the time when self-applications are possible. We believe that the MOC will issue further guidance on this in the near term.

Therefore, trademark owners are advised to prepare all the necessary documents and proof required in the Order and should appoint a law firm or a service provider to assist with the reregistration as early as possible in order to be ready for the filing on 1 October 2020.

VDB Loi would be happy to assist with the registration under the new system as soon as possible. Please let us know if you need any assistance or have any questions.