Trade and Service Marks

Legal Basis

Membership in International Conventions

– WTO's TRIPS Agreement, since January 1, 1995.
– Convention Establishing the World Intellectual Property Organization (WIPO), since May 15, 2001.

Notes: prior to the entry into force of the Trademark Law on April 1, 2023, there was no official trademark registration available in Myanmar. Trademark owners relied on the practice of registering a Declaration of Ownership with the Registry of Deeds and publishing a Cautionary Notice in a local newspaper. In October 2020, Myanmar started its trademark registration system. The new system was implemented in three phases: (1) First phase of the "soft opening" period from October 1, 2020 to March 31, 2023: all registered trademarks under the old system of Declaration of Ownership could be re-filed. Further, owners of trademarks being used in Myanmar, but who had not previously registered their trademark under the old system, could also register their trademark. (2) Second phase of the "soft opening" period from April 3, 2023: continuation of the "soft opening" period. Trademark owners could continue to re-file their trademarks. Those who already re-filed during the first phase, were invited to pay the official fees and file a notarized Appointment of Representative form (TM-2 form). (3) "Grand opening" from April 26, 2023: filing new trademark applications and applications for amendments to existing trademarks is possible from April 26, 2023.

Types of marks: trade and service marks; collective marks; certification marks.

Definition: a mark is any visually perceptible sign, which includes names, letters, numbers, figurative elements and combinations of colors, as well as any combination of such signs, capable of distinguishing the goods or services of one undertaking from those of other undertakings.

Geographical indications: are protected under the Trademark Law as collective or certification marks.

Applicant: individuals or legal entities.

Foreigners: must appoint a local representative.

Priority: six months.

Classification: International Nice Classification (12th Edition).

Multi-class applications: possible.

Territory covered: the Republic of the Union of Myanmar.

Filing requirements for an application (to be sent to resident attorney):
1. Appointment of Representative form (TM-2 form), notarized;
2. A clear representation of the trademark;
3. The list of goods and services, with an indication of the international classes;
4. Certified copy of the priority document (if claimed).

Filing requirements for re-filing an application (to be sent to resident attorney):
1. Appointment of Representative form (TM-2 form), notarized;
2. A clear representation of the trademark;
3. The list of goods and services, with an indication of the international classes;
4. Certified copy of the priority document (if claimed);
5. Scanned copy of the Declaration of Ownership as registered with the Registry of Deeds;
6. If the trademark is used but not registered in Myanmar, evidence of use and the date of first use prior to April 1, 2023;
7. Scanned copy of the published Cautionary Notice (if any).

Note: a notarized Appointment of Representative form (TM-2 form) can be used for filing or re-filing more than one trademark by the same applicant.

Electronic filing: available.

Examination: the application is examined on formal and absolute grounds.

Publication: following examination, the trademark is published for opposition.

Opposition: possible within sixty days from publication.

Granting: the granted trademark is published and a Certificate issued.

Protection: begins from the date of registration.

Duration: ten years from the filing date.

Renewal: renewable every ten years.  Grace period: six months, with fine.

Assignment and licenses: registered by the Registration Office.

Invalidation: possible at any time.

Cancellation: anyone may request the cancellation of a trademark due to non-use for three consecutive years from the date of registration, and there is no sufficient reason for the failure of such use; or the use of the mark has been suspended for three years, and there is no sufficient reason for such suspension.

Infringement: the new Law provides for imprisonment for up to three years, a fine not exceeding MMK 5 million, or both.