Myanmar’s Trade Mark Act will be the first of the 4 new intellectual property legislation to be implemented and is expected to come into force in the middle of next year.

One of the key features of the new trade mark laws is the change from the current first-to-use system to a first-to-file system. In order to manage the transition, the Myanmar Intellectual Property Office intends to have a “soft opening” where trade mark owners who have registered Declarations of Ownership of trade marks with the Office of Registration of Deeds can submit their applications ahead of the commencement of the new register. The “soft opening” is expected to last about six (6) months and all applications submitted during this period will be taken to have been filed on Day 1 of the official launch of the Myanmar Trade Mark Register.

Further details of the “soft opening” are expected to be released within the year, but trade mark proprietors should in the meantime get the following documents and information ready:

1. Declaration of Ownership registered with the Office of Registration of Deeds;
2. Date of first use and evidence of use of your mark in Myanmar;
3. Details of Proprietor (name, address, country / state of incorporation);
4. Specimen of the mark to be filed in soft copy;
5. Specification of Goods and Services

Details of the marks filed during the “soft opening” should be exactly the same as that previously registered with the Office of Registration of Deeds. No official fees will be collected during the “soft opening” period. All applications submitted during the “soft opening” period will be treated as submitted on the first day that Myanmar’s Trade Mark Register is established.

Trade mark proprietors who have prior registrations with the Office of the Registration of Deeds are strongly advised to utilize the “soft opening” to secure the earliest filing date. For those who have yet to register a Declaration of Ownership, you may wish to consider doing so as soon as possible to try to avail yourself of the early filing option during the “soft opening”.

Dentons Rodyk has an established presence in Myanmar and would be happy to assist you with the registration of your trade marks in Myanmar. Given the impending ‘soft opening” of the Myanmar Trade Mark Register, please contact us as soon as possible.