Khin Maung Cho & Associates
Intellectual Property Law Firm
How to file the Online Trademark re-registrations in conformity with the new TRADEMARK LAW in Myanmar
The new Myanmar Trademark Law was passed by the Union Parliament of Myanmar and all the registered trademarks require re-applying for the priorities and validities of the marks according to the new Law. The Law will come into force following the directive of the President, expecting to come into effect shortly. The soft opening online re-registration date is October 1, 2020. In transforming from the first-to-use system to the first-to-file system inconformity with the new Law, the old registered trademarks need re-registrations in time. It will be a short period before the Grand Opening which is for registrations of the new trademarks. There is no automatic transposition of old trademark registrations. It is safe to file the TM applications to be in time, obtaining the first filing date.
So we wish to remind you to re-apply for registrations of the old registered trademarks in Myanmar if you want to continue the priories of the marks. Since the Law is a strict first-to-file system and so the brand owners should be prepared to file all their important trademarks on the first day the Law which comes into effect. Thus we would like to remind the colleagues and the brand owners to prepare now and to be ready on the very first DAY of the commencement of the new Law. Therefore trademark owners must file new applications to obtain protection for their registered marks, having the priorities if they re-apply their marks according to the new Law. There is no automatic conversion of the past registrations of the marks under the new Trademark Law. Be the first!
An applicant from one contracting State of Paris Convention or WTO shall be able to use its first filing date as the effective filing date provided that the applicant, or his successor in title, files a subsequent application within 6 months from the first filing date.
The online registered trademarks are valid for a period of ten years under the new Myanmar Trademark Law, and will be renewable every ten years.
New Trademark Applications of Ownership, renewals of the recordals, Assignments and other trademark declarations such as changes of owners and addresses are being still accepted in conformity with the old regimes of trademark registration. It is just for a period before the Grand Opening which will be announced at a proper time. During the Grand Opening, all sorts of online trademark applications can be filed.
Who can file
Any trademark agents, Law Firms or Companies can do the online filings of trademarks.