After a few months of inactivity regarding Myanmar’s new Trademark Law—likely due to the COVID-19 pandemic—it appears that the law is finally gaining momentum. The law provides for a procedure known as the “Soft Opening Period” to allow owners who hold acquired rights to their marks in this country to register their trademarks on a priority basis. Our firm has been providing regular updates on the development of this law and this procedure. You can read previous posts on our blog by clicking on the following links:
- Myanmar Lays the Groundwork for Trademark Protection
- Myanmar: A “soft opening” period for trademark owners registered with the Office of Registration of Deeds is set to begin in January 2020
Since the law took effect on January 31, 2019, there have been several attempts to launch the office and begin its operations. So far, all of them have been thwarted for one reason or another. The challenge of creating a trademark office from scratch in a country like Myanmar, combined with the unfortunate global situation resulting from the spread of COVID-19 so far in 2020, has caused a significant halt and delay in this ambitious project.
Well, following the successive failed announcements of the start of the “Soft Opening period”— first last January and then in April—the Burmese authorities have announced a new start date for the process. If no unforeseen circumstances derail the government’s plans, this expedited procedure for registering acquired rights will begin on October 1, 2020.
We would like to remind you that the new trademark law introduces the “first to file” registration principle . To avoid prejudicing the rights acquired by trademark owners whose trademarks have already been used in the Burmese market and/or who have complied with the formal requirements previously available for the protection of trademarks in this country, those who meet the relevant conditions will have six months, from October 1 through March 31, 2021, to file for their trademark rights with the trademark office. Once the “Soft Opening Period” ends, registration will be open to any interested party.
The preferred procedure is intended for:
- Holders of declarations registered in the “Declaration of Ownership at the ORD.”
- Proprietors who have used their trademarks and have sufficient evidence to prove it (for example, publication of preliminary injunctions in newspapers).
ELZABURU has been monitoring the new trademark law since its inception and has a network of local colleagues who provide ongoing updates and information. As a result, we are prepared to assist our clients in protecting their distinctive signs in this country, now as trademark rights.
Author: Cristina Arroyo