Trademark Law (Myanmar)

Myanmar has been making changes to laws and regulations concerning intellectual property. One part of this matrix of laws concerns the registration and use of trademarks (=a symbol, word, or words legally registered as representing a company or product). Read the article below about changes to the Myanmar trademark law and regulations.


Answer the questions with NO MORE than THREE WORDS from the reading.

  1. From the 1st October 2020 who will be able to submit applications to register trademarks?

  2. Who has been attending the presentations by the Ministry of Commerce?

  3. What registration system is currently being used in Myanmar?

  4. What are needed to complete re-registration under a Declaration of Ownership of Trademark?

  5. What must copies of documents submitted to support the existing use of a trademark prove evidence of?

  6. What should applicants without the necessary evidential documentation do?

 

The Myanmar Ministry of Commerce has announced that online trademark applications under the new electronic trademark registration system will start on 1 October 2020. From that date, the Ministry will accept trade mark applications from proprietors of trademarks which have been registered at the Office of the Registration of Deeds, or which have already been used in in Myanmar. The launch of the new electronic trademark registration system was previously scheduled for January 2020, but was delayed.


Myanmar enacted the Trademark Law in January 2019 and since then the Ministry of Commerce, which will administer the new Intellectual Property laws in Myanmar, has delivered numerous workshops and briefing sessions across the country to educate interested parties on the changes under the Trademark Law.


This “soft opening” of Myanmar’s Trade Marks Registry is intended to aid the transition from the existing first-to-use registration system to a first-to-file system. All applications submitted during the “soft opening” period will be taken to have been filed on the first day that the Myanmar Trade Mark Register is officially launched. Initially, it was announced that the “soft opening” would be for a six months period, however the latest notification makes no mention of how long the“soft opening” will last.


For parties wishing to register a trademark under a Declaration of Ownership of Trademark,

scanned copies are sufficient for this re-registration process, although originals may be subsequently requested. Applicants who wish to prove that their trademark has already been used in Myanmar, can submit copies of documents such as, advertisements, promotional materials which show the actual use of the mark in Myanmar. Applicants who do not have the required documents or proof of trademark use in Myanmar should wait until the official launch of the Trade Mark Register before submitting their trade mark application.


When you are ready, enter your answers in the sheet below:


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