Trademark Registration in Myanmar
Myanmar's journey in trademark registration has undergone significant changes. Prior to 2019, trademark protection primarily relied on usage rather than a formal registration process. In 2019, a pivotal shift occurred with the introduction of a new trademark law, marking a substantial modernization step. This legal update established a structured framework for trademark registration, aligning Myanmar's practices more closely with international standards. This proactive approach highlights Myanmar's commitment to fostering an environment conducive to business growth, encouraging domestic and foreign investments, and enhancing its standing within the global intellectual property landscape.
Myanmar New Trademark Law
On August 28, 2020, Myanmar's Intellectual Property Department (IPD) initiated a "soft-opening period" for refiled trademarks under the new Trademark Act, starting October 1, 2020. This six-month phase allows for refiling of trademarks from the old system and prior users. The IPD will fully open on a later "grand opening" date. The changes include online filing, shifting from first-to-use to first-to-file, and trademark validity examination. Challenges involve handling a large trademark volume, examination procedures, and educating users about the online system. There are three phases: Phase I (Oct 2020 - Mar 2023) for Registered/Used Marks; Phase II (Apr 2023) for New Marks with updated requirements; and Phase III (Apr 2023) for the grand opening, allowing New Marks filing. New trademark applications are currently being accepted under the new electronic trademark system.
Myanmar Trademark Registration Filing Procedure
Application: Submit a trademark application to the Myanmar Intellectual Property Office (MIPO).
Examination: MIPO examines the application for compliance with formal requirements and substantive examination.
Publication: If the application is deemed acceptable, it will be published in the Myanmar Trademark Gazette for opposition purposes. Third parties can file oppositions within a specified period.
Registration: If no oppositions are filed or oppositions are unsuccessful, the trademark will be registered, and a certificate of registration will be issued.
Myanmar Trademark Registration Requirements
Applicant Information: Name, ID, address, contact information and nationality of the applicant.
Trademark Representation: A clear representation of the trademark in the required format.
Goods and Services: A list of goods and/or services covered by the trademark.
Priority Claim: If applicable, provide the priority date and pertinent details of any priority claim under the Paris Convention, the World Trade Organization, or related to an international exhibition.
Appointment of Representative : Notarized Representative TM-2 Form
Trademark Registration Fees in Myanmar
Filing Fee (per class per mark): $95 USD (Official) + $150 USD (Professional)
Certificate of Registration Fee (per class per mark): $95 USD (Official) + $45 USD (Professional)
Total Registration Cost (per class per mark): Filing Fees ($95 + $150) + Certificate Fees ($95 + $45) = $385 USD
Time Frame for Myanmar Trademark Registration
The trademark registration process in Myanmar can take around 3 to 12 months or more, depending on factors such as the complexity of the application, any oppositions filed, and the workload of the Myanmar Intellectual Propery Office.
Validity for Myanmar Trademark Registration
The initial validity period for a trademark registration in Myanmar is 10 years from the filing date of the application.
Renewal of Myanmar Trademark Registration
Trademark registrations in Myanmar can be renewed for successive periods of 10 years each. The renewal process typically involves submitting an application for renewal along with the required fees before the expiration of the current registration term.
Myanmar Trademark Search
While there is no official trademark database, it is advisable to conduct a comprehensive trademark search by reviewing newspaper caution notices issued under the old trademark law. This can help identify existing trademarks that might conflict with your proposed mark.
The trademark office in Myanmar examines the application for compliance with legal requirements and assesses its distinctiveness. The application is reviewed for correctness of information, proper classification of goods/services, and adherence to trademark law provisions.
If the application passes examination, it is published in the Official Gazette for 60 days. This allows third parties to review the application and file oppositions if they believe the mark conflicts with their own trademarks.
Interested parties have 60 days from the publication date to file oppositions against the trademark application. An opposition initiates a proceeding where the opposition's claims are reviewed by the trademark office.
If an applicant's trademark application is rejected or if an opponent's opposition is not upheld, the concerned party can appeal the decision to IP Agency, later Intellectual Property Court.
Myanmar's Intellectual Property Courts handle cases related to intellectual property matters, including trademark disputes. These specialized courts are established to provide expertise in resolving complex IP-related legal issues.
Administrative actions encompass the entire process of filing a trademark application, responding to notices from the trademark office, participating in hearings, and complying with various administrative requirements during the registration and enforcement process.
Myanmar's trademark law includes provisions for criminal enforcement against trademark infringement and counterfeiting. Penalties can include imprisonment and fines for offenses like counterfeiting, possession of counterfeiting materials, and dealing in counterfeit goods.
In civil enforcement, right holders can seek remedies in court to protect their trademark rights. This includes obtaining injunctions to stop infringement, seeking damages for losses caused by infringement, and requesting orders for the disposal or destruction of infringing goods.
Customs Trade Control
Right holders can request the Customs Department to suspend the release of goods suspected of being counterfeit. The Director General of the Customs Department can issue suspension orders, allowing right holders to take legal action against the alleged infringing goods.
Bonjour Myanmar Intellectual Property Law Firm
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