On May 1, 2024, Myanmar’s Intellectual Property Department (IPD) issued its first publication of trademark applications under the country’s 2019 Trademark Law. Parties are now able to oppose any of the applied-for marks in the publication, which is accessible from the IPD’s website, in accordance with stipulations of Myanmar law. This is a substantial development showing progress toward the registration of marks under the Trademark Law.
The online publication of the applications provides the details of each mark, applicant, and representative. In addition, it discloses relevant information such as disclaimers, color claims, mark translations or transliterations, applicable priority dates, as well as specifications of goods and services under the Nice Classification.
Any person (individual or legal entity) can file an opposition against an applied-for mark within 60 days of publication by citing significant absolute or relative grounds as specified in the relevant sections of the Trademark Law. Oppositions must use the official form specified in the Trademark Rules, and the filing fee is MMK 150,000 per mark (regardless of the number of classes) plus a MMK 300 bank charge. Anyone, including interested parties or their local representatives, can file the opposition at the IPD.
If an opposition is not filed within the stipulated 60-day period, the IPD will proceed with the trademark registration without conducting any substantive examination for similarity or priority. Thus, mark owners, rights holders, and other interested parties should closely monitor the IPD’s publication of applied-for marks so they can take any necessary actions and potentially file oppositions to protect their rights and interests.
There has not yet been any official announcement on how often these publications will be issued.
For further information, please contact:
Yuwadee Thean-Ngarm, Partner, Tilleke & Gibbins
yuwadee.t@tilleke.com
