Our Reference: Newsletter No.04/MM/2020
TO OUR CLIENTS & ASSOCIATES
UPDATES ON MYANMAR TRADEMARK LAW 2020
Soft Opening Period
Further to the Newsletters No. 01, 02 and 03, please be advised that under the Order No. 63/2020 of The Ministry of Commerce, Myanmar Soft Opening section of Myanmar Trademark Re-Filing will be start on the 1st day of October, 2020.
Soft Opening period will be given privileges to all trademarks which have been commercialized within Myanmar jurisdiction, even registered or NON-registered, to be entitled to receive officially set date of commencement Trademark Registration as the Filing Date.
In order to enjoy the right of priority for the goods or services for which said mark is used, trademark application can be filed from October 1, 2020 until the commencement of the official set date of Trademark Registration.
Duration of Soft Opening period
According to the draft rule, under the transaction period chapter, the period of Soft Opening can be defined 06 months and it can be extended. However, the ending date of the Soft Opening Period has not yet been officially announced.
The following documents will be required when re-filing registered marks:
- Clear specimen of the proposed mark in jpg format (within one megabyte);
- Owner’s name and address;
- Classes and list of goods and/or services (must be identical to those already recorded with the Deeds and Documents Registration Office and provided in accordance with the International Classification – Nice classification);
- Description of color claims of the mark;
- Mark translation/transliteration (if the mark is written in other languages);
- Declaration(s) of ownership as recorded with the Deeds and Documents Registration Office (scanned copy);
- Notarized TM2/ Letter of Representation/ Letter of Authorization (this form is expected to be available by the second week of September).
Requirements for filing non-registered marks but commercialized in Myanmar are similar to those for registered marks along with substantial evidence of use in place of the documentary evidence of prior registration. Such evidences may include:
- Published Trademark Cautionary Notice;
- Actual use evidences on the market in the Union;
- Proof of advertisement in a marketing or sales promotion context;
- Tax receipt or other receipt for expenses;
- Any other appropriate evidence.
When applying, the Trademark that is being requested by the applicants for the current Trademark Rights shall be identical to the previous Trademark registered at the Deeds and
Documents Registration Office OR genuinely used within the State’s markets and as well as the type of product or service used for that Trademark. Any additional expansion of the classification of products or services will not be considered.
Should you need further information on protecting your marks in Myanmar, please do not hesitate to contact us.