After a few months of numbness of Myanmar's new Trademark Law, surely the result of Covid-19, seems to finally wake up. The law contemplates a procedure called “Soft Opening Period” so that those owners who have acquired rights over their signs in this country can register their trademarks preferentially. Our firm has been successively reporting on the development of this law and this procedure. You can consult previous news on our blog by clicking on the following links:
- Myanmar launches pillars for brand protection
- Myanmar: Soon opening of a “Soft Opening” period for trademark owners registered with the Office of Registration of Deeds, in January 2020
Since the law came into force on January 31, 2019, several attempts have been made to launch the office and its practice. So far, all of them have been frustrated for one reason or another. The challenge of creating a brand office from scratch in a country like Myanmar, and the unfortunate situation that occurred worldwide after the expansion of Covid-19 so far in 2020, have caused a significant stoppage and delay in this ambitious project. project.
Well, after the failed and successive announcements of the inauguration of the “Soft Opening period”, First last January and later in April, the Burmese authorities have reported a new start date for the activity. If no circumstances truncate the government's plans, This preferential procedure to register the acquired rights will open on October 1, 2020.
We remember that the new trademark law introduces the registration principle “first to file”. In order not to prejudice rights acquired by owners of trademarks that have already been used in the Burmese market and/or that have complied with the formalities until now available for the defense of trademarks in this country, whoever meets the relevant conditions will have 6 months starting from October 1 and until March 31, 2021 to request your trademark rights before the trademark office. Once the “Soft Opening Period” Registration will be open to any interested party.
The preferred procedure is aimed at:
- Holders of declarations registered in the “Declaration of Ownership at the ORD”.
- Owners who have used their trademarks and have sufficient evidence to prove it (for example, publication of precautionary measures in newspapers).
The ELZABURU firm has monitored the new trademark law since its origins and has a network of local colleagues who inform and update the situation permanently. With this, we are prepared to accompany our clients in the protection of their distinctive signs in this country, now as trademark rights.
Author: Cristina Arroyo
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