Myanmar New Trade Mark Laws – Soft Opening of Online Filing System for Trademark re-registration
Trademark right holders can obtain a Trademark re-registration in Myanmar since December 31st, 2019 with the soft opening of the registrar which permits a preliminary filling.
The soft opening period will last for 6 months before the registrar has its grand opening is due July 2020. At that time, applications will be open to all parties interested in obtaining a registration. This soft opening filing is a re-registration system and is available to owners of Trademarks that are registered under the Declaration of Ownership at the Registry of Deeds. Right holders should meet the following requirements in order to qualify for a soft opening application:
The soft opening period will last for 6 months before the registrar has its grand opening is due July 2020. At that time, applications will be open to all parties interested in obtaining a registration. This soft opening filing is a re-registration system and is available to owners of Trademarks that are registered under the Declaration of Ownership at the Registry of Deeds. Right holders should meet the following requirements in order to qualify for a soft opening application:
- Declaration of ownership
- Legalized power of attorney
- Cautionary notice (if published)
The patent application must be in the Myanmar or English language (or with a verified translation); a written agreement for joint applicants; any request for early publication; and payment of prescribed fees.
If the patent filing requirements are not met, applicants will be notified and given 60 days to conform. After 60 days, the application shall be deemed withdrawn. However, there is a possibility to re-apply, subject to explanation and prescribed fees.
Myanmar will implement a first to file system. In case of conflict between Trademarks, earlier filed applications will take precedence at the time of grant. These changes are a result of the Trademark Law entering into force and being implemented. Before the enactment of the Trademark Law, Myanmar has no intellectual property laws or legal framework for filing and prosecuting patent applications.
The new Patent Law introduces amongst other things, a Registrar, a Department for the registration and recordal of patent rights, and examiners for the administration and carrying out of specific functions and duties related to patents, and executing other IP-related duties.
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If the patent filing requirements are not met, applicants will be notified and given 60 days to conform. After 60 days, the application shall be deemed withdrawn. However, there is a possibility to re-apply, subject to explanation and prescribed fees.
Myanmar will implement a first to file system. In case of conflict between Trademarks, earlier filed applications will take precedence at the time of grant. These changes are a result of the Trademark Law entering into force and being implemented. Before the enactment of the Trademark Law, Myanmar has no intellectual property laws or legal framework for filing and prosecuting patent applications.
The new Patent Law introduces amongst other things, a Registrar, a Department for the registration and recordal of patent rights, and examiners for the administration and carrying out of specific functions and duties related to patents, and executing other IP-related duties.
Summarized from: