April 2022 – Intellectual Property Insights – Update on new trademark Law of Myanmar

Soft Opening period has 2 phases

 

Phase 1: Current soft opening period, Representatives (legal entity) of the trademark owner can re-filed their old trademarks by only be online system.

 

Phase 2: Starting soon. Representative (natural person) of the trademark owner can re-file at the IP Office over the counter.

 

Grand Opening Period after Phase 2 of Soft Opening (starting date is not announced yet)

 

In this stage, the re-filed mark during the Phase 1 will be examined by the examination board based on the section 13 (absolute ground) of new trademark law. Marks will be accepted if it is complied to Section 13.

 

IP Office will inform us if there is anything to make corrections for the re-filed Marks. And, during correction period, the trademark owner have to supplement information about the Mark (if needed). Registration fees have to be paid once it is accepted.

 

The re-filed marks which had been paid the official fees will receive the Certificate from IP Office.

 

Post-granted publication & Opposition

 

The IP Office will publish the marks received permission to register on their website. A 60-day period is given for opposition.

 

If there is any opposition during 60 days, the IP Office will be examining again by the Section 14 (relative ground) of the new trademark law. There will be an Agency to negotiate about the mark matters at the IP Office. If the negotiations have no result, you will have to carry on the IP court, at the time there will be have any other cost.

 

If there is no opposition within the 60 days, the registration process is completely and successfully finished.

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