The new Trademark Law is entering into force in Myanmar (formerly Burma) setting-up a new Office of Intellectual Property with the aim of achieving a system in compliance with International standards, thus with examination of the application, its publication and registration.
The entry into force is expected to be within January 2020, however, at the moment, no official notice has been issued on the effective date as well as neither the filing fees nor the official forms have yet been made available.
The owner of registered or used Trademarks in Myanmar will benefit of the so called “Soft Opening” period of six months, during which they will be able to re-file their Trademarks on the basis of the “first to file” principle.
At the start of the “Soft Opening” period, it is reasonable to presume that documents of evidence of the previous registration or of the use of the trademark will be requested.
We strongly advise the owners of such rights to start collecting said documents as completely as possible, since the “Soft Opening” should be exploited from the outset considering that it is regulated by the first to file principle and no further details are available at this stage.
In particular, for registered trademarks we refer to the publication of the “Cautionary Notices” in local newspapers on a three-year cadence and to the “Declaration of Ownership” filed at the first filing stage under the “old system”.
For used trademarks only, it is advisable to collect all the evidence available, which will have to be examined on case by case basis.
We are at our Client's full disposal to proceed and to give all the required information and clarifications. At the same time we will of course continue to follow this new important change and will keep you duly updated of any developments.