You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

June 5, 2019

Practical Implications of Myanmar’s New Trademark Law

Subscribe to Updates
Informed Counsel

On January 30, 2019, Myanmar’s long-awaited Trademark Law was signed into law, effectively establishing the framework for a comprehensive trademark registration system open to both foreign and domestic trademark owners. This highly anticipated move by the government marks an essential step in its efforts to increase Myanmar’s attractiveness as a destination for foreign investment.   

Although the law has been officially approved and signed, the effective date has yet to be announced. Before that can happen, the government must first set up the necessary administrative bodies and prepare enabling legislation to support the new system. Once all of the pieces are in place, the application gates will open and the new system will come into effect. At that time, any trademark owners that have recorded their rights under the previous system will have to file new applications to ensure that their marks continue to be protected under the new law. Until further notice, new recordal applications, renewals of existing recordals and all other trademark declarations will still be accepted under the old system.   

A brief overview of the salient features of the new Trademark Law, which is now the principal piece of legislation governing the protection of trademarks in Myanmar, is outlined below.

Administrating Ministry    

The core government ministry administrating the new Trademark Law is the Ministry of Commerce. Four other ministries—the Ministry of Information, the Ministry of Industry, the Ministry of Agriculture, Livestock and Irrigation, and the Ministry of Education—are named as having supervisory roles.

Requirement to Re-file    

Section 93(a) of the Trademark Law states that if trademark owners that have previously recorded their marks with the Office of Registration of Deeds (ORD) or have not recorded their marks but can provide evidence of actual use in Myanmar want to enjoy rights relating to their marks, they must apply for registration in accordance with the new law.

Opposition    

Oppositions are allowed for the first 60 days from the date of publication. Oppositions can rely on relative grounds of refusal (eg, identical or similar to existing marks, unauthorised applications and bad faith).

Appeals

Registry appeals can be filed within 60 days of the decision date. Further appeals can be filed with the court within 90 days of receipt of the registry’s decision.

Invalidation Actions

Invalidation actions can be lodged against registered marks. A limitation period of five years from the registration date applies, unless the claimant is relying on bad-faith claims.

Non-use Cancellation Actions

If a registered trademark has not been used for three continuous years, it may become vulnerable to a cancellation action.

Mediation Procedure    

The availability of mediation procedures remains unclear. However, if one or more parties apply to register identical or similar marks on the same day, or for the same priority date, the registration officer will instruct all applicants to negotiate among themselves in order to determine the name of the applicant for the mark and to resubmit within a specified period.

Geographical Identifications    

Geographical identification rights can be applied for by:

  • persons who produce goods from natural products or resources;
  • producers of agricultural products;
  • producers of handicraft or industrial products; and
  • responsible persons from  government departments and organizations representing the persons described in the previous three categories.

The term of protection will be extended provided that the special characteristics, qualities or reputation for which the mark has been allowed protection continue to exist.   

Licenses    

Trademark licenses must be recorded.

Trade Name   

Trade name protection is available either as a part of a trademark or separately and will be protected with or without registration. There is no mandatory requirement for registration.

Infringement    

Civil and criminal actions are available to address infringement. Criminal penalties include up to 10 years’ imprisonment (for repeat offenders) and a fine of up to MMK10 million (approximately USD6,500) (also for repeat offenders).

Filing Procedure   

The filing process will be more streamlined under the new Trademark Law than under the previous system and will be in line with international trademark registration standards, making it easier for both local and international IP owners to submit applications and obtain trademark protection. The general filing procedure is laid out in Figure 1.

Next Steps for Trademark Owners   

Although the procedure and administrative bodies for the new system are not yet in place, the new law lays out the documents and information required for registration. In advance of the law becoming effective, trademark owners can begin to compile and prepare:

  • requests for registration;
  • the name and address of the applicants for registration (or the representative’s name and address, if submitted by a representative);
  • clear and complete representations of the applied-for marks; and
  • the names and types of goods and services requested for registration in accordance with international trademark classifications.

In addition to these required documents, the following information and documents should be provided, where applicable:

  • the registration number, type, and country of origin of the entity, if the applicant is applying on behalf of a legal entity;
  • documents supporting, describing, and requesting the claim of priority right, if the applicant requests such a right;
  • documents supporting, describing, and requesting exhibition priority right, if the applicant requests such a right;
  • a certificate of registration (declaration of ownership), if the applied-for mark is recorded at the ORD; and
  • other requirements that may be set by a directorate that will be established to oversee trademark registration.

The documentary evidence to support new applications includes proof of existing recordals with the ORD. Although it is not yet clear what weight these will have during the trademark examination process, trademark owners should audit their portfolios to ensure that their rights are recorded and up to date, in order to secure maximum leverage under the new system.    

Similarly, the Trademark Law refers to providing evidence of use in order to support a trademark application. Therefore, trademark owners should begin to collate all evidence of existing use, including cautionary notices (which can still be published), advertisements, and office stationery.   

For rights holders whose existing marks are subject to licensing arrangements in Myanmar, these agreements should also be audited and checked for up-to-date and accurate depictions of the relationship with franchisees and licensees, in order to avoid any ambiguities when evidencing use.

Conclusion   

Prior to the announcement of the new Trademark Law, revised IP legislation in Myanmar had been pending for a number of years. Although the announcement of the new legislation provides comfort and ease of mind to brand owners, there is still a long way to go before the law can come into effect. At present, the Ministry of Commerce is planning the required framework in order to support implementation of the law. Among other things, the framework includes the creation of an IP office at which filings and operational procedures will be centralized. Although the location of the office has yet to be determined, current plans suggest that it could be established between the start of the new fiscal year (October 2019) and the upcoming 2020 general election.   

The Trademark Law is the first of a handful of new IP laws that will form the basis of Myanmar’s reformed intellectual property system. An Industrial Design Law was also passed on January 30, 2019, followed by a new Patent Law signed into legislation on March 11, and a new Copyright Law on May 24, substantially expanding the rights of IP owners in the jurisdiction. These laws will help to build a robust IP landscape in Myanmar, which will prove to be instrumental in attracting higher numbers of foreign investors.

Download Full Article
Related Professionals

Practices

Intellectual Property

Location

RELATED INSIGHTS​ 

October 3, 2025
In Thailand, the rise in online intellectual property infringement has prompted authorities to strengthen enforcement efforts, including the use of website-blocking orders under Section 20(3) of the Computer Crime Act B.E. 2560 (2017) (CCA). This provision authorizes the Ministry of Digital Economy and Society (MDES), with court approval, to block or remove computer data that constitutes a criminal offence under IP law. Since its implementation, the procedure has undergone several developments, which is an encouraging sign of progress. Website-blocking procedure In practice, website-blocking orders under Section 20(3) of the CCA are primarily used for copyright and trademark infringement. While such orders are legally applicable to patent infringement, their use remains challenging due to the difficulty of proving infringement through administrative procedures. The website-blocking procedure begins when an IP owner identifies online infringing content. For copyright infringement, which is considered a compoundable offence, the IP owner is required to first file a police report with the specialized police unit known as the Economic Crime Suppression Division (ECD) prior to filing the website-blocking application with the Department of Intellectual Property (DIP). For trademark infringement cases, the application can be filed directly with the DIP without a prior police report. The DIP reviews the evidence and, if infringement is confirmed, forwards it to the MDES for further consideration. If the case is deemed valid, the MDES requests a court order to block the infringing website. Once granted, the MDES notifies the internet service providers (ISPs) to block access to the specified website. Website blocking procedure in Thailand Recent advancements in website-blocking actions Seamless collaboration through digital integration. Thailand has made significant progress in digitizing its website-blocking procedures to improve efficiency and transparency. At present, all website-blocking applications and supporting evidence must be submitted in electronic format. These systems have significantly reduced processing
Read More
September 24, 2025
Online shopping in Thailand is more accessible than ever, with global platforms, local social media shops, and entertainment-driven social commerce enabling instant purchases. However, this convenience comes with rising concerns over digital intellectual property (IP) infringement, including counterfeit goods, pirated content, and unauthorized brand usage. At first glance, online platforms appear to offer quick solutions. Most major e-commerce sites, social media channels, and social commerce platforms provide “notice and takedown” systems, where IP owners can file complaints and request the removal of listings that infringe IP rights, such as trademarks and copyrights. These tools are certainly useful, as seeing a fake product vanish from a platform feels like progress. But the reality is less reassuring. The counterfeit goods themselves remain in warehouses, markets, or shops, ready to be resold. Sellers whose accounts are taken down often return within days under new names or accounts. In other words, a takedown is like cutting weeds without pulling out the roots: they always grow back. While notice and takedown tools are widely available and can be managed internally by most IP owners, their impact is often short-lived. IP owners seeking more effective, lasting protection need to take a more strategic and multilayered approach. The same applies to online piracy. Unauthorized streaming websites that offer free access to movies, TV shows, or sports broadcasts have become widespread in Thailand. To combat this, rightsholders can request website blocking under the Computer Crime Act, through the Ministry of Digital Economy and Society and the courts. Once requests are approved, internet service providers are ordered to block access to infringing sites. Blocking orders can be effective in disrupting large-scale piracy operations, but they also face limitations—pirate sites frequently reappear under new domains. Strategic Protection Whether the infringing material is physical counterfeit goods or intangible streaming content,
Read More
September 4, 2025
On June 6, 2025, the Superior People’s Court in Hanoi overturned a non-use cancellation decision by the Intellectual Property Office of Vietnam, a rare and impactful occurrence. In a ruling that may help clarify the enforcement of Vietnam’s IP Law, the court held that valid trademark use can be established through commercial arrangements where the brand owner maintains actual control over the use of the mark, and is not confined to relationships governed by a so-called “formal license agreement. Background: Cross-Border Use, Local Challenge A Singapore company owns a well-known brand of consumer products that has gained recognition across Southeast Asia. In recent years, the brand has been targeted by several unauthorized trademark filings in Vietnam. In one such instance, a local Vietnamese trading company—previously linked to the production and export of counterfeit goods to neighboring countries—filed a non-use cancellation against the Singapore company’s mark and sought to register it under its own name. If the cancellation had been upheld, it would have enabled a complete hijacking of the brand. The IP holder operates in Vietnam through a structured cross-border supply chain. Under an agreement between two related foreign entities, one of which managed regional operations, production orders were placed through a designated Vietnamese company. While the Vietnamese manufacturer was not a party to the agreement, its role in using the mark was recognized and governed by internal and commercial documentation. The Vietnamese manufacturer lawfully obtained the necessary permits, regulatory approvals, and customs clearances for producing the goods in Vietnam. These activities were supported by banking records and internal communications, evidencing active, continuous use of the mark in Vietnam. However, the IP Office concluded that this use did not meet the statutory criteria because the Vietnamese manufacturer did not have a direct license agreement with the brand owner, as
Read More
August 25, 2025
Indonesia’s current regulations on franchises, as stipulated under Government Regulation No. 35/2024 on Franchising and its implementing regulation, Ministry of Trade (MOT) Regulation No. 71/2019 regarding Implementation of Franchising, highlight fundamental changes in franchise registration. These changes have introduced additional complexities and challenges in the franchise registration procedure, making it more difficult for franchise owners to navigate the process. New procedure Franchise applications are still submitted through the Online Single Submission (OSS) portal of the Capital Investment Coordinating Board (BKPM). However, the new procedure requires each applicant, including foreign franchisors, to have an OSS account and a business registration number (NIB) issued by BKPM. An application for franchise registration must be submitted under the applicant’s own account—submissions can no longer be made through the account of a consultant. Once a franchise application is submitted, the authority will distribute the submission to the MOT—the authorized ministry for franchise registration. Any notification or decision upon the registration made by the MOT will be available in the OSS system. Applicants should regularly monitor the status of the franchise application because no notifications will be sent to applicants to alert them of any deficiency. Here is the summary of the new procedure for franchisors: Notable Requirements The disclosure document, or prospectus, is the key focus for the MOT in examining a franchise registration for a franchisor. This document is subject to thorough scrutiny by the MOT to ensure that all mandatory information meets the requirements set in the franchise regulations. The current regulations specifically require that the mandatory clause “business system” in the prospectus cover operational standards and procedures, which should include human resource management, administration, operational management, standard operating methods, business location selection, business premises design, employee requirements, and marketing strategies. Other clauses that are equally important to pay attention to are:
Read More