In brief
On 12 January 2023, the Ministry of Commerce (MOC) officially announced that the new Trade Mark Law (2019) is anticipated to come into force in March 2023 ("12 January Announcement").
Background
The 'soft opening period' of the new electronic trade mark system, which began on 1 October 2020, was announced by the MOC in Order No. 63/2020 ("Order"). The Order did not provide for the duration of the soft opening period but many expected it to last for only six months, to be followed by the 'grand opening' of the new trade mark registration system.
During this soft opening period, trade marks that had been registered via Declarations of Ownership filed with the Office of the Registration of Deeds and/or trade marks that have enjoyed use in Myanmar (for instance, evidenced by publication of a cautionary notice) (collectively, "Registered/Used Marks") may be filed through the electronic trade mark registration system prior to the Trade Mark Law coming into effect.
All other trade marks that do not fall within the ambit of Registered/Used Marks may only be filed after the Trade Mark Law comes into force, i.e., upon the grand opening of the new electronic trade mark system.
For more information on the Trade Mark Law and the new electronic trade mark registration system, please refer to our client alert issued on 23 March 2022. Read more