The soft launch date for the new Myanmar Department of Intellectual Property has finally been announced. Trademark owners under the old registration system or those who can prove they are already operating in Myanmar without registration are eligible to register their trademarks from October 1, 2020 before the Official Grand Opening.
All previously registered trademark holders are required to re-register under the new system to maintain their rights and priority. Those that register during the soft opening will be given a priority date of the opening day of the Grand Opening.
We fully expect there to be a massive backlog once the office opens, the best advice we can give you at this time is to have standing instructions to file, and all necessary documents prepared and in place well before the opening date.
If you wish to register a new trademark under the new system, the Grand Opening date is still unspecified. However, if you want to establish priority now and your budget permits, we recommend registering under the old system as soon as possible which will give you the right to register under the new law during the soft opening stage.
Please note fees have not yet been announced, and only agents can file during the soft opening stage.
The following is considered evidence of prior use/registration for the purposes of early filing during the soft opening stage:
- Previously registered mark in the registration office
- Registration certificate (copy)
- Cautionary Notices
- Documentary evidence of actual use in the market of the Union of Myanmar
- Documentary evidence of marketing and advertising in the Union of Myanmar
- Tax receipts or expense receipts
- In cases where the applicant and owner of a mark previously registered are different, the deed of assignment or document of change of applicant name
- Other, unspecified at this times documents that may prove registration or use
If you have previously registered marks, or have been operating without registration and would like more details please do not hesitate to contact us.