“First-to-file” Rule in Myanmar

In recent years, Myanmar has undertaken a comprehensive overhaul of its trademark regime to align with international standards, foster foreign investment, and protect brand owners. The enactment of the Trademark Law, 2019 (Law No. 3/2019) and its enforcement – especially since April 01, 2023 – has replaced the antiquated first‑to‑use framework with a robust first‑to‑file system, backed by enhanced administrative and judicial mechanisms.

Legislative Framework

Trademark Law 2019

Enactment: Passed on January 30, 2019 (Pyidaungsu Hluttaw Law No. 3/2019), officially assent on the same day.
Effective Date: Enforcement began April 1, 2023, under Notification No. 82/2023 by the State Administration Council.
Purpose: To establish comprehensive legal structures for trademarks, meet TRIPS requirements, support foreign investment, combat counterfeit goods, and implement fair competition laws.

Supporting Regulations and Bodies

Trademark Rules, 2023: Issued March 31, 2023, detailing administrative and procedural matters.
Administrative Framework: The Intellectual Property Department (IPD) under the Ministry of Commerce oversees formalities, substantive examination, publication, opposition, and registration. Specialized IP courts adjudicate trademark disputes.

Historical Context: Transition from Use to Filing

Pre‑2019: “First‑to‑Use” Era

Under colonial-era regimes, trademarks were protected via the Registration of Deeds Office in Yangon, with mere Declarations of Ownership (DTOs) and newspaper notices granting limited, de facto rights. This informal “first‑to‑use” framework lacked substantive trademark examination.

Introduction of Trademark Law, 2019

With the 2019 law enactment, Myanmar introduced a statutory trademark regime and prepared to shift towards a formal “first‑to‑file” system.

Transitional “Soft‑Opening” Phase

October 01, 2020 – March 31, 2021 (approximately): Existing proprietors under DTO schemes could refile marks for priority protection.
Additional leniency allowed until October 26, 2023, per transitional rules.

“Grand‑Opening” and Full Implementation

Effective April 01, 2023 (grand opening April 26, 2023), under Notification No. 82/2023.
Now, all future filings must comply with formal first‑to‑file procedures.