Soft-Opening for re-filing trademark in Myanmar
Since the enactment of Trademark Law in the end of March 2019, the Goverment of Myanmar have been making numerous efforts to establish the Trademark Office under the Ministry of Commerce and draft the Trademark Rules to prepare for the launch of the Soft-Opening for re-filing trademark in Myanmar initially scheduled from January, 2020.
It seemed to be consolidated when the Ministry of Commerce invited local IP agents and stakeholders to participate in the Training Session for E-Filing System of Trademarks in Nay Pyi Taw on the last December 17, 2019. However, for various reasons and especially the negative impacts of the COVID-19 pandemic, the Soft-Opening for re-filing trademark in Myanmar was delayed until the Notification No. 63/2020 announcing the Soft-Opening period will start on October 1st, 2020. Under which, the trademark owners who had filed Declaration of Trademark Ownership under the old practice or genuinely used trademark in Myanmar, may be required to submit the following documents:
a) Certified true copy of the Declaration of Trademark Ownership previously recorded at the Office of the Registrar of Deeds
b) Proof of the Trademark Notice posted in Newspapers or made known to the general public
c) Proof of the Trademark in Myanmar being genuinely used within the State’s markets
d) Proof of the marketing and promotion for such Trademark in Myanmar
e) Tax receipts or payment receipts
f) If the current Trademark owner is not the original person that registered at the Office of the Registrar of Deeds, proof of the Transfer of Rights or name change of the Trademark owner.
On September 01, 2020, the Ministry of Commerce held the Online Consultation Meeting to collect opinions from IP Agents to finalize the wording of the Trademark Rules Draft. However, the government fees as well as Power of Attorney (POA) template has not been announced yet.
Although, so far there is a lot of different information from different sources about the POA template, requirements on the notarization of documents, etc., you are advised/confirmed that there are no official and specific instructions from the State Management Agency on those procedures yet. As in the previous precedent and the influence of the second COVID-19 wave, the Soft-Opening period (October 01, 2020) may be delayed if the Myanmar Trademark Office has not yet done preparing the necessary conditions. We will follow any development of this Soft-Opening for re-filing trademark in Myanmar closely and inform you in timely manner for your best preparation.
Should you have any questions regarding to trademark in Myanmar, please do not hesitate to contact us via our email firstname.lastname@example.org.