Myanmar’s trademark application system has seen significant developments over the past year. With more than 7,000 trademarks registered in the past 12 months, the IP Office has made encouraging progress for right holders. This analysis outlines key developments, trends and challenges in trademark applications, providing a comprehensive overview for stakeholders and professional partners in IP protection in Myanmar.
More than 7,000 trademarks have been registered
Myanmar began publishing trademark applications for oppositions on a monthly basis on May 1, 2024. In 10 months, approximately 9,870 trademark applications were published, including 7,066 registered trademarks.
The announcement process is now processing applications resubmitted in 2021 (all existing trademarks resubmitted during the IP Division trial run from October 1, 2020 to April 1, 2021). As more applications were resubmitted in 2021 than in 2020, it is estimated that the process to complete these applications may take approximately one year.
Status classification of published applications
Applicants from 54 countries filed trademark applications in Myanmar. Local applicants ranked first, followed by applicants from:
- Japan (1,301 applications);
- Thailand (1,056 applications);
- United States (1,001 applications).
Number of applications by applicant nationality
Depending on the Nice Classification specified in the application, approximately one in five trademark applications relates to goods and services related to the health industry.
The agricultural sector was also popular among applicants, with 18.8% of trademark applications designating the relevant Nice Classification.
Application classification based on business category
The first batch of registration certificates were issued by the Intellectual Property Office on December 1, 2024. These certificates have unlocked the full potential of Myanmar’s enforcement actions, particularly in court proceedings and customs filings.
It is important to note that although the new system under the new Trademark Law adopts the first-to-file system, all registered trademarks are entitled to claim priority for prior use within five years from the filing date (known as the “transition period”). This is because all these registered trademarks are old trademarks re-filed under the new Trademark Law. Therefore, trademark registrants should keep their original documents (e.g., filed ownership statements, warning notices published in local newspapers, and evidence of use in the local market, such as invoices, import licenses, customs declarations, or advertisements) throughout the transition period. These documents must be clearly dated, verifiable, and retained together with the corresponding trademark registration certificates.
Progress is accelerating, but challenges remain
In general, the processing speed of the IP Office has been faster than in previous years, and the policies and procedures have become more stable. However, there is still room for improvement, especially in terms of data accuracy and proper management. For example, even after the electronic filing system officially records the application of the change of agent, it continues to issue notifications (such as office action notifications, registration fee payment notifications, etc.) to the original agent instead of the new agent. This may lead to notification errors in the electronic filing system and may result in missed deadlines for responding to office actions or paying official fees.
In such cases, a petition should be filed with the Director of the Intellectual Property Office, stating the relevant issues, and the Intellectual Property Office may then grant an extension of the deadline for responding or a delay in paying the fee.
In addition, the IP Office still has a backlog of notices related to opposition actions received since 2024. To date, the Office has received and published more than 10,000 opposition applications. The lack of a specific timeline for issuing opposition action notices has caused delays in trademark applications refiled in 2020.
Training courses, seminars, refresher courses and cooperation projects with international partners are being regularly conducted to enhance the professional capabilities of IP Office officials and legal practitioners. However, IP Offices still need to strengthen the capacity building of examiners to achieve more accurate and comprehensive examination results and avoid issuing repeated examination actions on the same application.
In terms of enforcement, unlike other ASEAN member countries, Myanmar does not have a dedicated enforcement agency or investigative body under the Ministry of Commerce to take quick enforcement actions against intellectual property infringements or the production and trade of counterfeit goods in the market. Myanmar also does not have a dedicated law related to e-commerce. At the same time, the political situation is a key concern for stakeholders in terms of enforcement and compliance.
Despite ongoing IP awareness training programmes across Myanmar, a large segment of the population (especially SMEs and local businesses) remain unaware of the importance of trademark rights.
Upcoming Events
The IP Office has developed plans to advance its mission to stabilize and modernize the new system. The Office is promoting digitalization through the following initiatives:
- Centralized IP database for managing trademarks, patents, industrial designs and copyright;
- Paperless system for trademark registration;
- Online intellectual property search databases; and
- Electronic registration certificate.
It is too early to speculate, but we believe that IP offices will integrate advanced technologies, such as AI tools, into their systems and processes in the future.
We also look forward to Myanmar joining the Madrid System. Myanmar is the only ASEAN member country that has not joined the Madrid System, but the Intellectual Property Office has recognized the Madrid Classification of Goods and Services.
Workshops, seminars and awareness campaigns have been held to help IP professionals and stakeholders understand Myanmar’s new IP legal framework and procedures. The increased awareness has led to a significant increase in trademark applications, especially by MSMEs.
Collaboration with the World Intellectual Property Organization (WIPO) and participation in regional IP initiatives, such as the 74th ASEAN Working Group Meeting on Intellectual Property Cooperation (AWGIPC) in December 2024, has provided the Myanmar Intellectual Property Office with valuable insights and best practices. Such international collaboration has facilitated knowledge sharing and capacity building within the Office, further improving the trademark registration process.
The Myanmar Intellectual Property Office is preparing to host the country’s first International Conference and Symposium on Intellectual Property in June 2025. The event will be an important milestone, accelerating the momentum of international cooperation with the Intellectual Property Office and providing new opportunities for innovation, economic development and strategic management of IP in Myanmar.
All these efforts are part of the country’s strategic intellectual property plan to attract foreign investors and align with regional and global trends in using technology to streamline IP management.
This article was originally published in World Trademark Review in April 2025
For further information, please contact:
Moe Mynn Thu, Rouse
moemynnthu@rouse.com
