Registration Procedure of Trademark in Myanmar

Myanmar’s modern trademark system reflects a decisive shift toward greater legal certainty, stronger rights protection, and improved investment attractiveness. By transitioning from a declaratory system under colonial law to a triennial, first-to-file statutory regime – backed by formal examination, opposition, enforcement, and international standard compliance – the country has positioned itself as a more reliable jurisdiction for IP rights holders.

Strategic Considerations of Trademark in Myanmar

First‑to‑File Imperative

Myanmar’s “first‑to‑file” regime demands swift action. Prompt filing safeguards brand identity and avoids third-party encroachments.

Importance of Distinctiveness

Avoid descriptive or generic marks. If necessary, establish acquired distinctiveness through use, but this involves evidential burden.

Monitoring and Opposition

Regular searches and monitoring of the Gazette help identify infringing filings. Filing oppositions can block infringers proactively.

Use Requirements & Renewal

Ensure genuine use within 3 years post-registration to avoid cancellation. Renewals must be timely, with a 6‑month grace period.

Customs Recordals

Inclusion in customs registries is essential for border enforcement of trademarks.

Engaging Local Representation

Foreign applicants must appoint a licensed local agent and file a notarized representation form. POAs require notarization and legalization.

Trademark Registration Procedures

Formal and Substantive Examination

• Formal: Verification of required forms, applicant identity, representation, clear reproduction of mark, class specification, and fees.
• Substantive: Assessment of distinctiveness, absence of descriptive or generic status, comparison against earlier marks, and evaluation of usage declarations.

Publication & Opposition

• Upon passing the examination, applications are published in the Myanmar Trademark Gazette for a 60‑day opposition period.
• Third parties may oppose on grounds such as confusion, reputation violations, or bad faith.

Registration and Certification

• If oppositions lapse or are overruled, the mark is registered, a 10‑year certificate is issued, and registration may be renewed indefinitely.
• Registered rights commence from the filing date.