On December 1, 2024, Myanmar’s Intellectual Property Department (IPD) released the first set of trademark certificates of registration for marks filed under the 2019 Trademark Law. This milestone marks a significant step in Myanmar’s intellectual property framework, as it is the first notice of trademark registration since the IPD’s soft opening period began in 2020.
Enhanced Legal Rights for Registered Owners
With the implementation of trademark registration, registered owners now enjoy more robust legal rights. These safeguards include:
- Exclusive Rights: Registered owners have the sole authority to prevent third parties from using identical or similar marks without authorization.
- Enforcement Powers: Owners can take administrative and enforcement measures against unauthorized use of their marks.
These enhanced protections ensure greater security for businesses and individuals investing in their brands.
Emphasis on Early Registration
Myanmar’s adoption of the “first-to-file” system underscores the importance of early registration. Marks registered early will hold a stronger position compared to later applications for identical or confusingly similar marks. This approach aligns Myanmar with international trademark practices, further highlighting the necessity for proactive registration by brand owners.
Digital and Physical Certificates
The IPD has streamlined the application and certification process:
- Electronic Certificates: Applicants using the IPD’s online filing system receive their certificates of registration in an electronic format.
- Physical Certificates: For applicants who filed their marks through paper applications, physical certificates of registration are issued.
This dual approach accommodates varying levels of technological access among applicants.
Trademark Registration Term and Public Access
A mark’s initial registration term is valid for 10 years from the filing date, with the option to renew for additional 10-year periods. Additionally, the IPD provides public access to data on registered marks through its official website, promoting transparency and accessibility.
A Milestone in Intellectual Property Protection
The issuance of trademark registration certificates under the 2019 Trademark Law represents a significant advancement in Myanmar’s intellectual property protection regime. It reaffirms the country’s commitment to aligning its practices with international standards and provides stronger legal protections for mark owners and other authorized individuals.
This development is a crucial step forward in fostering a more secure and business-friendly environment in Myanmar, encouraging both domestic and international investment.
