Trademark Filing Changes And Challenges

On August 28, 2020, the Ministry of Commerce (MOC) announced that the "soft-opening period" to refile trademarks under the country's new Trademark Act would begin on October 1, 2020. This period, which is open to holders of trademarks recorded under Myanmar's old system and to trademark owners who can prove prior use of their trademarks in the country, is expected to run for six months, though no closing date was stipulated in the MOC announcement. The date of the eventual "grand opening" of the Intellectual Property Department (IPD) will be the filing date for all applications submitted during the soft-opening period.

What are the changes?

1. Filing procedure – Under the old system, brand owners (or their agents) had to manually file an original notarized declaration of ownership and legalized power of attorney with the Office of Registration of Deeds (ORD) under the Ministry of Agriculture, Livestock and Irrigation, which would then proceed with recordation. Under