Trademark registration in Myanmar

Trademarks, as the signature symbol of each product or service, make an important contribution to identifying and distinguishing them in international markets. In order to protect the rights and exclusivity of trademarks, trademark registration procedures become an important thing that every business should pay attention to, especially when they want to expand their business to Myanmar. Myanmar, with its growing economy and increasingly important position in the regional economic community, is an ideal destination for international organizations and businesses. Viet An Law Firm will guide you through the procedures for trademark registration in Myanmar, from document preparation to submission.

Legal basis

• Trademark Law 2019;
• Trademark registration Rules 2023 (Notification No. 01/2023)

Conditions for trademark registration

Under the Myanmar Trademark Law, a trademark is considered eligible for registration if the following conditions are met:

• New: The trademark must be new, meaning that no other trademark has been previously registered or used in Myanmar for the same category of goods or services.
• Unique: A trademark must be unique, meaning it cannot be confused with another trademark.
• Do not violate legal provisions: A trademark must not violate the laws of Myanmar, such as the protection of moral rights, intellectual property rights or other regulations.
• Distinguishable: The trademark must be able to distinguish your product or service from those of its competitors.

Trademarks can be words, phrases, logos, images, or sounds. However, a trademark may not include the following elements:

• Signs that are considered common and cannot be protected as trademarks, such as the generic name of the product or service, geographical name, date, month, year, etc.
• Signs are morally or politically sensitive.
• The marks are likely to be misleading or confusing with trademarks previously registered or used in Myanmar.

Trademark registration dossier in Myanmar

A dossier of trademark registration in Myanmar includes the following documents:

• Trademark registration declaration TM2: The trademark registration declaration must be completed completely and accurately, including the following information:
  • Name and address of the applicant
  • Trademark type
  • Trademarks (including description and sample)
  • List of goods or services
  • Trademark Use Statement in Myanmar
  • Power of attorney (if the applicant is through a representative organization)
• Trademark template:The trademark template should be clear and visible, including colors if the trademark is colored.
• A copy of the applicant’s identity card or passport (if the applicant is a foreigner): This copy must be notarized.
• Registration fee: The trademark registration fee in Myanmar varies according to the type of trademark and the number of categories of goods or services.

How to apply for registration in Myanmar

To file for trademark protection in Myanmar, customers can apply by the following filing methods:

• Direct submission: Customers can come directly to the office of the National Office of Intellectual Property of Myanmar at Building No. 52 Nay Pyi Taw Republic of the Union of Myanmar to submit the application and related documents.
• By Post: You can send your application and all required documents via postal service or courier service to the address of the Intellectual Property Office of Myanmar.
• Submit online via website: https://ipd.gov.mm/e-filing. When applying online, you should pay attention to the payment of the relevant fee according to the instructions of the Myanmar Intellectual Property Office.

Trademark registration fee in Myanmar

Filing Fees

• The total estimated cost for filing one trademark for five classes (including 5% tax on the total fees as per Myanmar Commercial Tax) is USD 892.50. The breakdown of the fees is as follows:
• Official filing fees for one trademark in five classes: USD 375.00
• Professional fees for one trademark in five classes: USD 375.00
• Printing, correspondence, and documentation fees: USD 50.00
• Bank charges and miscellaneous fees: USD 50.00
• Commercial Tax (5%): USD 42.50

Total Cost: USD 892.50

Registration Fees

If the trademark application is approved without any obstacles from the prescribed procedures such as examination, publication, and opposition before registration, there will be an additional trademark registration fee of USD 687.75, which includes our fees, government fees, and disbursements.

Term of trademark protection in Myanmar

The term of trademark protection in Myanmar is 10 years from the date of filing the application. Trademarks can be renewed every 10 years, an unlimited number of times. To renew a trademark, the trademark owner needs to submit a renewal application to the Myanmar Intellectual Property Office (IPD) within 6 months before the trademark expires. The renewal form should include the following information:

• Name and address of the trademark owner
• Trademark registration number
• List of goods or services
• The trademark renewal fee in Myanmar is 36,000 Kyat (about $21) per group of goods or services. If the trademark owner does not apply for renewal within 6 months before the trademark expires, the trademark will be removed from the trademark registry.

Processing time of trademark registration application in Myanmar

Below is the estimated time to process trademark registration in Myanmar, based on current estimates and recent experience:

• Appraisal of documents and forms: About 1-2 months. IPD will assess adequacy and compliance with formal requirements.
• Content appraisal: About 6-12 months. IPD evaluates the uniqueness of trademarks, the possibility of conflicts with already existing trademarks, and complies with registration criteria.
• Publication and objection period: 3 months. The trademark is published in the Trademark Gazette for the parties to know
• Grant of protection title: 1-2 months, if no objection is filed. IPD will issue a Certificate of Registration, officially granting trademark protection.

Total estimated time:

• 9-18 months, if no objections or complications arise.

Factors that can affect timing:

• Trademark complexity: More unique trademarks may require more due diligence.
• Congestion at IPD: IPD goes through higher workload stages, which can prolong processing times.
• Objections: If a third party objects to registration, the process can be significantly lengthened.
• Accuracy and completeness of the application: Errors or omissions may result in delays in due diligence and requests for clarification.

Implementation of the New Trademark Registration System in Myanmar

Under the new trademark law that came into effect on April 1, 2023, trademarks registered under the old system must be re-filed under the new law within the prescribed period to continue to be valid and protected under the new law. To support owners of old system trademarks, the Myanmar Intellectual Property Office has implemented a “Soft Opening Program” to prioritize the re-filing of trademarks previously registered in Myanmar and trademarks that are actually in use in the market. This period was extended for 6 months for old system trademarks to be re-filed under the new law.

The period has now ended, and your client’s trademark cannot be re-filed under the old system registration. Therefore, if your client still wishes to protect the old trademark that has been granted a certificate of registration in Myanmar, it can only be filed as a new trademark under the new trademark law.

Trademark registration service in Myanmar of Viet An Law Firm

• Perform the search and notify customers in writing the results of trademark search in Myanmar;
• Drafting dossiers and directly submitting and monitoring the status of trademark application filings in Myanmar on behalf of trademark owners;
• Inform, advise and handle deficiencies/refusals of competent State agencies (if any) in the process of monitoring trademark applications in Myanmar;
• Support monitoring, representing the resolution of objections and feedback with intellectual property representatives to carry out procedures in Myanmar.
• Receive dispatches, certificates and hand over to customers (if any).

If customers want to file a trademark application in Myanmar, please contact Viet An Law Firm for the most effective support.