Myanmar Implements New Trademark Rules: Grand Opening for Registration Now Available

On 31 March 2023, the Ministry of Commerce in Myanmar passed detailed regulations for implementing the Trade Mark Law 2019, Trademark Rules 2023, and they go into effect on 1 April 2023. This new legislation represents a significant step forward for trademark protection in Myanmar and will have important implications for businesses operating in the country.

One of the most significant aspects of the new regulations is the grand opening for the registration of trademarks, which takes effect on 26 April 2023. This means that businesses operating in Myanmar will be able to register their trademarks with the Intellectual Property Department for the first time. This is an important development for both local and foreign businesses, as it will help to establish legal ownership of trademarks and provide protection against infringement.

There is a re-registration grace period until six-months from the grand opening date for old marks declared of ownership and registered the related documents with the relevant Office of Registration of Deeds or old marks which are in use in the market before the grand opening date. Old marks which have been submitted for re-registration during the soft opening stage first phase, 1 October 2020 to 3 April 2023, have to make payment and provision of necessary documents latest by 30 June 2023 in order to get the filing date of 26 April 2023. Old marks which are submitted for registration within six months from the grand opening date will get first-in-use priority rights and protection.

New trademarks which are intended to be used in the market are also accepted for registration starting on 26 April 2023.

Overall, the implementation of the new trademark regulations in Myanmar and the grand opening for trademark registration represents an important development for businesses operating in the country. It will provide legal protection for trademarks, which is essential for establishing brand identity and preventing infringement. However, it's important for businesses to ensure that their trademarks meet all the necessary requirements for successful registration. The grace period and effective date provisions in the new regulations provide businesses with a limited window to register their trademarks and establish legal ownership, so it's important to act quickly to take advantage of these opportunities