Trademarks in Myanmar

  • To date, there is no specific Intellectual Property Office in Myanmar. However, a trademark can still be protected by executing a Declaration of Ownership.

  • The application is filed with Myanmar's Office of the Registration of Deeds and our fees for filing a trademark in one class would be approximately US$400. We offer discounts on a case by case basis.

 

  • The average time taken to obtain registration of a trademark is 2 months.

  • The Declaration is to be accompanied by a Special Power of Attorney, that is executed by the applicant, in favor of a local trademark agent. The Special Power of Attorney must also be duly notarised, authenticated and endorsed by a Myanmar Embassy.

  • Upon completion of the Declaration of Ownership, the trademark must be published in local newspapers, as a “Cautionary Notice”, to inform third parties of the trademark holder’s ownership.

  • The validity period of a registered trademark is not prescribed by the current Myanmar law, but we recommend that you file your application as quickly as possible.

  • It is standard practice that a trademark is to be renewed in three ways:

    • By re-registering the trademark every three years.

    • By re-publication of the “Cautionary Notice” every three years after the first publication. or

    • By re-registration and re-publication of the trademark and “Cautionary Notice” every three years.

 

  • Before embarking on any trademark application, we recommend you engage our services to conduct a trademark search on the Registry’s records to ascertain if your trademark is registrable and whether there are any confusingly similar marks that may block your trademark registration.

Update August 2019: 

  • Myanmar has envisioned a broader process to reform its legal framework, prioritizing intellectual property, in order to facilitate and encourage business investment and expansion into Myanmar. A modern trademark system adhering to international standards is in discussion and will bring with it more clarity in regards to trademark applications, registration, maintenance, and enforcement procedures within Myanmar.

  • On February 15, 2018, the Upper House of the Myanmar Parliament approved the new Myanmar Trademark Law, together with Industrial Design Law, Copyright Law, and the Patent Law. The next step is for the new Trademark Law to be approved by the Lower House of Parliament, followed by the Assembly of the Union, before submission to the President’s Office for signature.  It is anticipated that the Trademark Law could come into effect in within this year or next year.

  • For more information on this development, or to enquire about any of the steps above, including pre-filing trademark audits, get in touch with us today!

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