Much has happened since the Republic of Myanmar announced in 2019 the enactment of what will be its first modern trademark law. The country has weathered a pandemic, is grappling with a civil war that remains unresolved in light of the recent atrocious attacks, and is embroiled in a military conflict of global significance. It is no surprise, therefore, that the law’s announced entry into force has been delayed by several years.
On April 1, 2023, the State Council of Myanmar issued Notice No. 82/2023 announcing the entry into force of the new law. Therefore, the law has been in full force and effect since April 1, 2023.
In October 2020 , the first phase of the new process—the “Soft Period”— began , during which priority was given to trademark owners who already had a registration based on a Declaration of Ownership (DOO) with the Office of the Registrar of Deeds. Those owners could file an application to preserve their “priority rights.”
This Notice, dated April 1, 2023, initiates the second phase of the procedure, during which applicants may reclaim their previously acquired rights, complete the formalities to establish priority, pay the official filing fees—the amount of which has not yet been disclosed—and appoint a representative.
Once Phase Two is complete (estimated for late April or early May 2023), Phase Three, or the “Grand Opening, ”will begin. During this phase, the Registry will be open to anyone interested in filing a new trademark application, and applicants will be assigned a filing date for their application.
All applications will undergo a review process that is expected to take about one year, after which the process will be finalized with the payment of the second installment of the fee.
Once the new law has been enacted and the registration procedure is in place, it is expected that Myanmar will announce its accession to the Madrid Protocol, as its Asian neighbors have donein previous years.
Cristina Arroyo, Associate Partner, Director of International Brands.