Enforcing Your IP Rights In Myanmar ?
Before 2019, if you want to protect your trademark in Myanmar, you must register the trademark declaration of ownership with the Trademark Registration Office in Yangon under the Deed Registration Law. Unlike most developed countries, trademark registration was not mandatory in Myanmar and followed the first to use principle. There was also no official public trademark database that can provide an effective way to perform trademark search. This resulted in a problem that both registered trademarks as well as unregistered trademarks were circulating in the market, which increased the difficulty of IP enforcement.
To address that, the 2019 Myanmar Trademark Law has been enacted. What is special about the Trademark Law of 2019 is that it is a first to file system with an online registration system, which brings it closer to modern standards and practices.
To be protected under the Trademark law 2019, all trademarks registered under the old system and those who have been using trademarks in the market without registration, have to re-register under the new system again. In accordance to the Ministry of Commerce order No.63/2020, the online soft opening re-registration system was launched on October 1, 2020. If the original declaration of ownership was registered under the old system, the trademark owner is allowed to submit online filing with declaration of ownership. On the other hand, unregistered trademarks must be filed online with proof of actual use in the country. Be aware that the online re-registration is only available to those who have registered a trademark declaration of ownership and those who did not register in the market but it has evidence to prove the mark has been in use in the country. Generally, the soft opening re-registration takes less than 1 week to complete.
Bear in mind that soft opening re-registration does not mean your mark is successfully registered. It grants you the right to have your filing date the same as the launch date of “Grand opening” registration, which will perform substantive examination and determine whether the mark can be registered under the new Trademark Law. The actual launch date of grand opening registration is yet to be announced.
From the time being, new brand owners who want to protect their trademarks should register the trademark declaration of ownership before the Grand Opening and apply for Soft Opening re-registration via the online system. By doing so you will have more legal protection than unregistered trademarks before the Grand Opening. Meanwhile, IDG is willingly welcome to support your businesses in terms of trademark and being the great consultant to provide you about trademark information detailly.
