Trade marks

Background point: Myanmar has passed its first dedicated Trade Marks Law (TML) modelled essentially along international norms for trade registration systems. An electronic trade mark registration system is being introduced under the new TML. However, the TML and the electronic registration system are still being ‘soft launched’. During the soft launch phase, details of existing trade mark registrations under the current paper-based system can be filed online to obtain priority re-registration under the TML when fully implemented. Registration of actual new trade marks under the TML and electronic registration system is not yet available. In the meantime, applications for new trade mark registration are still being accepted and processed under the paper-based system, administered by the Office of Registration of Deeds (ORD).

Our trade mark services include:

• advising on the specification of the scope of goods and services under the trade mark according to the international classification system;
• preparing all documents required for registration of a new trade mark – whether by a foreign-owned applicant or a Myanmar applicant – under the paper-based registration system and assisting with document execution formalities;
• filings and processing trade mark registration applications with the ORD;
• organizing public advertisements of new trade mark registrations and evidence of ownership and use;
• advising on the documents required to support applications for priority re-registration of existing Myanmar trade marks in the new online trade mark system during the current ‘soft opening’ period;
• filings and processing trade mark priority re-registration applications via the online system;
• advising on options for trade mark enforcement in cases of potential infringement; and
• advising on principles of good trade mark usage to enhance the protection of your trade mark as a trade mark and minimize risks of dilution of your trade mark protection through unclear or inconsistent use.