The trademark filing system in Myanmar has seen significant developments over the past year. With over 7,000 trademarks registered in the past 12 months, the IP Department has made promising progress for rights holders. This analysis outlines the key developments, trends and challenges in trademark filings, providing a comprehensive overview for stakeholders and professional partners engaged in IP protection in Myanmar.
Over 7,000 trademarks have been registered
On 1 May 2024, Myanmar began publishing trademark applications for opposition every month. Within 10 months, approximately 9,870 applications, including 7,066 registered marks, had been published.
The publication process has now reached applications that were refiled in 2021 (all existing trademarks were refiled between the IP Department’s soft opening on 1 October 2020 and 1 April 2021). It is estimated that it may take approximately one year to complete the process for these applications, because more applications were refiled in 2021 than in 2020.
Breakdown of the status of published applications
Applicants from 54 countries have filed trademark applications in Myanmar. Local applicants top the list, followed by applicants from:
- Japan (1,301 applications);
- Thailand (1,056 applications); and
- the United States (1,001 applications).
Number of applications filed – by applicant nationality
According to the Nice classes specified in the applications, about a fifth of all trademark applications have been filed for goods and services relating to the health industry.
The agriculture industry is also popular among applicants, with 18.8% of applications designating related Nice classes.
Breakdown of applications based on business categories
On 1 December 2024, the IP Department issued its first group of registration certificates. These unlock the full potential of enforcement actions in Myanmar, particularly for litigation before the courts and customs recordation.
It is important to note that, despite the new system under the new Trademark Law being a first-to-file system, all registered marks are entitled to enjoy the seniority right to use claim for five years from the filing date (known as the ’transitional period’). This is because all these registered marks are old marks that have been refiled under the new Trademark Law. For this reason, owners of registered marks should retain their original documents (eg, recorded Declaration of Ownership, cautionary notices published in the local newspapers, and evidence of use in the local market, such as invoices, import licences, customs declarations or advertising), which are clear, dated and verifiable, along with the respective trademark registration certificates throughout the transitional period.
Progress has quickened, but challenges remain
In general, the processing at the IP Department has been faster than the previous year. Policies and procedures have also become more stable. However, there are still areas for improvement, particularly in relation to the accuracy and proper management of data. For example, the e-filing system continues to issue notifications (eg, office actions and payment of registration fees) to former agents rather than new agents, even after a change of agent application has been formally recorded. This may cause notification errors in the e-filing system and may result in missed deadlines for office actions or official payments.
In such situations, a petition letter addressed to the director general of the IP Department should be submitted along with an explanation of the issue. The IP Department may then grant a later deadline for response or late payment.
In addition, the IP Department has a backlog of notifications to issue in relation to opposition actions that it has received since 2024. So far, it has received and published over 10,000 applications for opposition. The lack of a specified timeline to issue notifications regarding opposition actions delays trademark applications refiled in 2020.
To enhance the expertise of IP Department officials and legal practitioners, training sessions, seminars, refresher courses and collaborations with international partners are being conducted on a regular basis. However, the IP Department must increase capacity building for its examiners to attain more accurate and comprehensive examination outcomes to prevent repeated office actions on the same applications.
Turning to enforcement, unlike other countries in the Association of Southeast Asian Nations (ASEAN), Myanmar does not have a specific enforcement body or investigation agency under the Ministry of Commerce that can take quick enforcement action against IP infringement in the marketplace or in relation to the production and trade of counterfeit goods. Myanmar also does not have a specific law relating to e-commerce. Meanwhile, the political situation is a crucial concern among stakeholders for enforcement and compliance.
Across the country, while IP awareness training programmes are ongoing, a significant portion of the community, particularly MSMEs and local businesses, remains unaware of the importance of trademark rights.
Upcoming activities
The IP Department has plans in place to further its mission to stabilise and modernise its new system. It is embracing digitisation through the establishment of:
- a centralised IP database to manage trademarks, patents, industrial designs and copyrights;
- a paperless system for trademark registration;
- an online IP search database; and
- electronic registration certificates.
It is premature to speculate, but we are confident that the IP Department will incorporate advanced technologies (eg, AI tools) into its system and processes in future.
We also expect Myanmar to join the Madrid System. Myanmar is the only ASEAN member state not to have become a member of the Madrid System, but the IP Department has already recognised the Madrid goods and services list.
Workshops, seminars and informational campaigns have been conducted as an ongoing process to help IP professionals and stakeholders understand Myanmar’s new IP legal framework and procedures. This increased awareness has led to a notable uptick in trademark filings, particularly among MSMEs.
Collaborations with WIPO and participation in regional IP initiatives (eg, the 74th Meeting of the ASEAN Working Group on Intellectual Property Cooperation (AWGIPC) in December 2024) have provided the IP Department with valuable insights and best practices. Such international cooperation has facilitated knowledge sharing and capacity building within the IP Department, further improving the trademark registration process.
The IP Department is in the process of organising the country’s first International Conference on Intellectual Property in collaboration with a symposium in June 2025. This event will serve as a significant milestone that accelerates the momentum of international collaboration with the IP Department and should offer new opportunities for innovation, economic development and strategic management of IP rights in Myanmar.
All these efforts are part of a national IP strategic plan to attract foreign investors and align with regional and global trends in utilising technology to streamline IP administration.
This article was first published on WTR in Apr 2025.
For further information, please contact:
Moe Mynn Thu, Rouse
moemynnthu@rouse.com
