Filing Requirements for Trademark in Myanmar
Filing a trademark in Myanmar marks the first step toward securing your brand’s identity in one of Southeast Asia’s most dynamic markets. Every business – whether a local shop in Yangon or an international company offering online services – relies on a distinctive name, logo, or slogan to stand out. By registering your trademark, you gain the exclusive right to use that mark in connection with specific goods or services, preventing others from adopting confusingly similar signs.
Filing Requirements
Application Essentials
Applications must include:
- Applicant name, address, and national ID or company registration.
- Visual representation of the mark (word, device, logo, color).
- Goods/services per Nice Classification, with transliteration and translation if non‑English/Burmese.
- Declaration of intent to use it in Myanmar.
- Priority claims (Paris Convention) with certified copies, within 6 months of first foreign filing.
- Notarized agent representation form (TM‑2) for local filings.
- For re‑filing, DTO evidence and cautionary notices are required.
- Official fees per class.
IPAS and Online Filing
Since 2020, the IPD has operated the Industrial Property Automation System (IPAS), allowing online lodging and tracking.
International Considerations
Priority Claims
Under the Paris Convention, applicants may claim priority within 06 months of their first filing in a Paris/WTO member state.
Madrid Protocol vs National Filing
Myanmar is not a member of the Madrid System, so WIPO-based international applications cannot be extended to Myanmar. Filing must be done under domestic procedures.
Rights Conferred by Registration
Upon registration, the owner acquires:
- Exclusive right to use the mark.
- Right to bring civil and criminal actions against infringers.
- Power to license or assign the mark, subject to IPD recording.
- Customs enforcement rights: seizure of infringing imports.
These rights endure for 10 years (renewable indefinitely), provided the mark is used. Non‑use for 03 consecutive years invites cancellation.
