MYANMAR
December 04, 2017
Myanmar has been working towards its first ever formal trademark law for the past years. Its enactment is expected at the end of this year, which would bring certainty and clarifications on trademark prosecution in the country.
Amongst the rules which can be expected, the following may be highlighted: a) It will follow a first-to-file principle; b) Smell and touch signs, visual marks, and perceivable sound may be subject of trademark protection; c) Trademarks will be valid for 10 years, renewable; d) trademarks, service marks, certification marks and collective marks can be registered; as well as geographical indications; e) and a new Myanmar Intellectual Property office and new IP Courts will be established. Civil and criminal actions will be available and trademark rights will be enforceable through customs.
Finally, a transition period is expected. Owners of registered trademarks will be required to re-register their trademarks within a certain period of time.