Introduction
On 12 January 2023, the Department of Intellectual Property of Myanmar ("DIPM") under the Ministry of Commerce ("MOC") issued a notice stating that the new Trade Mark Law (2019) is anticipated to come into force in March 2023. This Update highlights what parties should be aware of regarding the Trade Mark Law (2019) and the applicable procedures and requirements.
Background
The Trade Mark Law (2019) was passed in Myanmar on 30 January 2019. Among other changes, the new law sought to introduce a formal trademark examination process and a new electronic trademark system. While the Trade Mark Law (2019) has yet to fully come into force, the MOC had announced a 'soft opening period' for the partial implementation of the new law starting from 1 October 2020. During this period, the DIPM started accepting applications for re-registration of trademarks which had been previously registered via Declarations of Ownership filed with the Office of Registration of Deeds, and assigned the application numbers for each re-registration application. This provided a great advantage for all trademark owners under the previous trademark registration system, allowing potential continuity in the protection of their marks after the transitional period. Read more