Trademark Rules And Notifications Issued As Myanmar's Trademark Law Comes Into Force

• Law Firm: Tilleke & Gibbins
• Subject Matter: Intellectual Property, Trademark
• Author: Ms Khin Myo Myo Aye and Yuwadee Thean-Ngarm
• Published date: 19 April 2023

As Myanmar's long-awaited Trademark Law came into force on April 1, 2023, the government issued several pieces of implementing legislation, including the Trademark Rules. Together, this legislation gives shape to Myanmar's new trademark system and paves the way for the eventual "grand opening" under the Trademark Law.

The first piece of legislation, Notification 17/2023 of the Ministry of Commerce (MOC), set out the Trademark Rules. The rules contain detailed provisions on the registration and examination of marks, opposition to registration, priority claims, and criteria for well-known marks. The rules allow for substantive examination of trademark registration applications to begin.

The second piece of legislation (MOC Notification 1/2023) established the Intellectual Property Agency (IP Agency). Made up of senior government figures, IP experts, and representatives of civil society, the IP Agency is responsible for implementing trademark policy and hearing administrative appeals against decisions by the trademark registrar.

The IP Agency's first notification set the official fees for requests and applications to the...