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19 October 2020
Myanmar's recently enacted Trademark Law 2019 is gaining traction. The initial focus is on developing a system to register marks. This will be introduced in two phases: the 'soft opening' (which commenced 1 October 2020), followed by the 'grand opening' (scheduled for 1 April 2021).
In August 2020 the Ministry of Commerce issued Notification 63/2020, which promulgated the launch of October's soft opening period, which will last six months. Two categories of mark are eligible for registration:
Owners of Category A marks may immediately avail themselves of the new registration system by submitting:
Owners of Category B marks can also file immediately. The documents listed above must be submitted, with the exception of the declaration of ownership. This is replaced by evidence that the mark has been 'put to use' in Myanmar, for example via:
Under Trademark Law 2019, first to file is prima facie evidence of ownership. If a brand has taken any steps thus far to establish itself in Myanmar, this soft opening is a golden opportunity to get registered and stake a priority claim early.
For further information on this topic please contact Ian Mirandah at Mirandah Asia by telephone (+60 322 788 686) or email (firstname.lastname@example.org). The Mirandah Asia website can be accessed at www.mirandah.com.
(1) Details on the old trademark system, including cautionary notices and declarations of ownership, is available here.
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