Following our recent Myanmar Update on the New Trade Mark Law, we are pleased to report that the Assembly of the Union of Myanmar has finally approved the New Law. The only outstanding formality for the New Law to become is its presentation to the President for his signature.

However, once the President has signed the New Law, the state organs responsible for all the state’s trademark protection services still need to be established. Given the Assembly only approved the draft law last week, it is estimated that the New Law and its implementing bodies will not be functional for at least six to nine months from now.

How to ensure your marks are protected

As the Law will be based on the first-to-file principle, we strongly suggest that mark owners:

  • Immediately undertake an updated comprehensive analysis of their current Myanmar trade mark portfolio and decide which marks are important to their current and future commercial ventures;
  • Undertake a cost-benefit analysis to determine which trade marks to file on Day 1 of the new Law;
  • Budget for the cost of filing for all necessary marks on Day 1;
  • Coordinate with counsel in preparing all applications and supporting materials as soon as possible to be ready for the multiple filings on Day 1.

It is advised that, for re-registration of marks under the new Law, it is likely that the original Duly Stamped Declarations of Ownership will be required to be filed along with the new applications as evidence that the mark has been registered under the current system.