Following the issuance of the Myanmar Trademark Law No. 3/2019 on 30 January 2019, there will be a six-month "Soft Opening" period estimated to be inaugurated by the end of December 2019. During the Soft Opening period, trademark owners who already recorded the Declaration of Ownership of Trademark at the Sub-Registrar of Deeds and Assurance of Myanmar under the old system can start re-filing formal trademark applications for their marks. It is expected that there will be a "Grand Opening" in around June 2020 and from that point onwards the MIPO will start receiving new applications for new marks.

As we reported last year, the Myanmar Trademark Law has introduced a formal trademark registration system and a first-to-file framework. According to these new measures, all trademarks which have previously been recorded at the Sub-Registrar of Deeds and Assurance of Myanmar would have to be re-filed in order to be protected under the new trademark regime.

On 30 January 2019, the Union Parliament of Myanmar passed the Myanmar Trademark Law No. 3/2019 which will come into effect on 1 January 2020. As announced by the Myanmar IP Department ("MIPO") on 22 October 2019 and in a subsequent guideline article in the Government newspaper, there will be a six-month "Soft Opening" period estimated to be inaugurated by the end of December 2019. During the Soft Opening period, trademark owners who already recorded the Declaration of Ownership of Trademark at the Sub-Registrar of Deeds and Assurance of Myanmar under the old system can start re-filing formal trademark applications for their marks.

According to the current available information, the re-filing applications can be filed online, but must be filed through the local filing agents that are officially recognised by MIPO. MIPO will not charge any official fees or costs for such re-filings. The re-filed trademarks will also not be substantively examined. The following documents will be required for the re-filing:

  1. Letter of Representation;
  2. Power of Attorney; and
  3. Endorsed Declaration of Trademark Ownership.

It is expected that there will be a "Grand Opening" in around June 2020 and from that point onwards the MIPO will start receiving new applications for new marks. New applications are expected to be supported by a Declaration of Intention to Use by the applicant. Multiple class applications are acceptable. After filing, the application will undergo formality examination and substantive examination, and then publication for opposition, and eventually registration. Once registered, the registration is valid for renewable 10- year- periods.