New trade mark registration system in Myanmar: Soft opening period to commence on 1 October 2020

• Published date: 15 September 2020
• Subject Matter: Intellectual Property, Trademark
• Law Firm: Spruson & Ferguson
• Author: Ms Coral Toh and Amy Chan

The Ministry of Commerce of Myanmar issued Order 63/2020 on 28 August 2020 announcing that the new Myanmar Office of Intellectual Property ("OIP") is ready to start operations on 1 October 2020 through a "Soft Opening" period, which is anticipated to last for at least 6 months until the "Grand Opening". The OIP will implement the new Myanmar Trade Marks Law enacted in January 2019, which has provisions for formality examination, substantive examination, publication, registration opposition, etc., and is closer to international trade mark practices.

Soft Opening (starting 1 October 2020)

During this period, the OIP will only accept trade mark applications from applicants wishing to regularise their existing rights, i.e. applicants who previously recorded a Declaration of Ownership of a Trade Mark with the Office of Registration of Deeds ("ORD") or applicants who have not previously recorded such declaration but have nevertheless been genuinely using the trade mark in Myanmar (or possibly overseas - see table below).

Besides the usual filing information on the mark, applicant and goods and services, the documents required to file a trade mark application are:

*The Order mentions that the applications will be filed via electronic means, therefore it is unclear if the requirement of original documentation would be waived, or that these should be submitted separately as supporting documents after the applications have been filed electronically.

Please note that:

• the trade mark applied for should be the same mark as indicated in the Declaration of Ownership of Trade Mark or as used; and
• the goods and services applied for should be in accordance with the Nice Classification and should not exceed the scope of whatever was indicated in the...