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Registering a trademark in Myanmar is crucial for businesses looking to protect their brand in this emerging Southeast Asian market. Myanmar’s trademark law has undergone significant changes with the introduction of the new Myanmar Trademark Law. This guide will walk you through the process for Myanmar trademark registration, covering required documents and steps.
What Qualifies as a Trademark in Myanmar?
A trademark in Myanmar can include any sign that distinguishes goods or services of one entity from another. Eligible signs include:
- Words or letters
- Logos or images
- Shapes (including 3D designs)
- Colors or combinations thereof
A trademark must be distinctive and must not conflict with any existing registered trademarks.
Essential Documents for Registering a Trademark in Myanmar
To register a trademark in Myanmar, you must prepare the following documents:
- Trademark Application Form: Submitted to the Myanmar Intellectual Property Office (MIPO).
- Trademark Specimen: A clear representation of the mark.
- List of Goods and Services: Classified under the Nice Classification.
- Power of Attorney: Required if filed by a representative.
- Fee Payment Receipts: Proof of payment for registration fees.
Methods of Filing a Trademark Application in Myanmar
In Myanmar, trademark applications can be filed through the Myanmar Intellectual Property Office (MIPO). Currently, Myanmar is implementing its new system of trademark registration, transitioning from a traditional “Declaration of Ownership” system to the new registration regime under the 2019 Trademark Law.
Paper Filing
Applications can be submitted in person at MIPO’s offices, but foreign applicants must appoint a licensed local agent.
Online Filing
Myanmar is expected to launch an online trademark filing system as part of its legal reforms, but as of now, paper filing is the main method.
Step-by-Step Trademark Registration Process in Myanmar
The trademark registration process in Myanmar typically takes around 12 to 18 months, depending on several factors. Here’s a step-by-step breakdown:
- Filing the Application: Submit all required documents to MIPO.
- Formality Check: MIPO checks that the application meets all requirements.
- Substantive Examination: The trademark undergoes a substantive examination for compliance with Myanmar trademark law.
- Publication: The application is published in the IP Gazette for opposition (if applicable).
- Registration: If the application passes examination and no oppositions are filed, the trademark is registered.
The Importance of Conducting a Trademark Search Before Filing
It’s highly recommended to conduct a trademark search in Myanmar before filing to ensure that no existing trademarks are too similar to your proposed mark. This step helps prevent potential conflicts and rejections.
A trademark search can:
- Identify potential conflicts with existing registered trademarks.
- Ensure that your mark is distinctive.
- Help you avoid costly delays or legal disputes.
Why Trademarks in Myanmar Get Rejected
Common reasons for the rejection of a trademark in Myanmar include:
- Lack of Distinctiveness: Marks that are too descriptive or generic may be refused.
- Similarity to Existing Marks: If the trademark is too similar to an already registered trademark, it will likely be rejected.
Duration and Renewal of a Myanmar Trademark
Once registered, a trademark in Myanmar is valid for 10 years from the date of registration. It can be renewed indefinitely, provided that renewal fees are paid every 10 years.
Why Choose ASL LAW for Your Trademark Registration in Myanmar?
ASL LAW provides expert support throughout the process of registering a trademark in Myanmar. Our experienced team ensures your application meets all legal requirements and handles any issues that may arise.
References:
- Legal 500: Recognizes ASL LAW as a leading intellectual property firm for managing IP matters across ASEAN.
- WTR (World Trademark Review): Highlights the expertise of Lawyers Pham Duy Khuong and Do Ba Thich in trademark enforcement and registration in Myanmar.
We have successfully registered trademarks in over 27 countries, offering cost-effective solutions for protecting intellectual property rights.
Conclusion
Registering a trademark in Myanmar is an important step to protect your brand in a developing market. By following the guidelines in this article and consulting with IP professionals like ASL LAW, you can ensure the successful registration of your trademark.
ASL Law is a leading full-service and independent Vietnamese law firm made up of experienced and talented lawyers. ASL Law is ranked as the top tier Law Firm in Vietnam by Legal500, Asia Law, WTR, and Asia Business Law Journal. Based in both Hanoi and Ho Chi Minh City in Vietnam, the firm’s main purpose is to provide the most practical, efficient and lawful advice to its domestic and international clients. If we can be of assistance, please email to [email protected].
ASL LAW is the top-tier Vietnam law firm for Intellectual Property Services. If you need any advice, please contact us for further information or collaboration.
