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

August 31, 2020

Trademark Filing under Myanmar’s New Law Begins on October 1, 2020

Subscribe to Updates

On August 28, 2020, the Myanmar Government announced that the soft opening period of the Myanmar Department of Intellectual Property (MDIP) under Myanmar’s new trademark law will begin on October 1, 2020. This long-awaited development will be a very welcome one to trademark owners worldwide who have been waiting for the opportunity to properly protect their rights in Myanmar for many years.

As a result of this development, all existing holders of registered trademarks in Myanmar—i.e. those registered with the Office of Registration of Deeds (ORD)—will be required to re-file their marks under the new trademark law in order to retain their protection under the new system.

Re-Filing Marks

To re-register the rights to a trademark under the new system, the following will be required:

  • Clear specimen of the proposed mark;
  • Owner’s name and address;
  • Classes and list of goods and/or services under the Nice Classification;
  • Description of color claims of the mark; and
  • Declaration(s) of ownership as recorded with the ORD.

If the applicant is not the same person who registered the mark at the ORD previously, additional evidence of assignment of the mark must be furnished. Where the name of the applicant has changed, relevant documents evidencing the change of name must also be submitted.

During phase one of the soft opening, applications may only be made using trademark registration agents (i.e. law firms and companies that offer trademark registration services in Myanmar, such as Tilleke & Gibbins).

Filing Unregistered Marks

During the soft opening period, it will also be possible to file an unregistered mark that is already in use in Myanmar, solely by the applicant, with appropriate evidence of use. The requirements for doing so are similar to the requirements for re-filing, but with substantial evidence of use in place of the documentary evidence of prior registration. Such evidence may include:

  • Cautionary notices published in local newspapers;
  • Evidence of use or promotion of goods or services bearing the mark in Myanmar;
  • Tax receipts or expense vouchers; and
  • Any other appropriate evidence.

As with re-filing, such applications can only be made via agents during phase one. 

Filing Other New Marks

New trademark filings will not be available during the soft opening period. New filings under the new system will become available after the grand opening of the MDIP, the date of which has not yet been announced. As such, parties that have not yet filed new marks under the old system and cannot present substantial evidence of sole use in Myanmar, and therefore do not yet qualify to apply during the soft opening period, risk being unable to file for an unspecified period of time. To avoid this, it may be prudent for interested rights holders to apply for the recordation of these trademarks under the old system in early September, and then re-file them under the new system during the soft launch period.

Government Fees

All government fees and payment methods under the new law, including trademark application filing fees, shall be announced in separate notifications before the soft opening period begins. We will keep you updated on this information as soon as it is available. 

Tilleke & Gibbins has written extensively on Myanmar’s new trademark law as the situation has developed, and you can find our full list of articles and publications on the topic here.

Related Professionals

Location

RELATED INSIGHTS​ 

July 14, 2026
Tilleke & Gibbins has contributed the Thailand and Vietnam chapters to Investigations in Southeast Asia, a comprehensive guide published by Drew Network Asia (DNA). The resource provides a practical overview of anticorruption laws, corporate investigations, and compliance frameworks across six key Southeast Asian jurisdictions. Designed for in-house counsel, compliance officers, and risk management professionals, the guide offers actionable insights for navigating complex cross-border regulatory challenges and establishing effective, regionally coordinated compliance and investigation strategies. The guide begins with a regional perspective on enforcement trends and cross-border cooperation initiatives. Jurisdiction-specific chapters follow a standardized structure—covering primary corruption offenses, enforcement authorities, corporate liability, investigation procedures and dawn raids, whistleblower protections, and recommended compliance measures. In addition to country-by-country analysis, the publication highlights best practices for conducting internal investigations, managing digital evidence, and handling parallel proceedings involving multiple regional or international regulators. The guide serves as a practical reference for organizations operating in Southeast Asia. Because legal and regulatory risks depend on specific industry sectors and operational contexts, readers seeking tailored advice are encouraged to contact the authors listed in each chapter. The full guide is available for download through the button below or directly from the DNA website.
Read More
July 14, 2026
Thailand’s National Broadcasting and Telecommunications Commission (NBTC) has published guidelines establishing a risk-based framework for the responsible use of artificial intelligence by telecom licensees. Released on July 2, 2026, the Guidelines on the Use of Artificial Intelligence for Telecommunications Services address governance structures, ethical principles, lifecycle management, and consumer protection obligations. Scope and Legal Context The nonbinding guidelines apply to holders of telecom business licenses under Thailand’s telecom licensing laws, but only with respect to the use of AI in providing licensed telecom services. Entities without such licenses are not directly subject to the guidelines, though they may be affected as third-party AI solution providers to licensees. The guidelines supplement and should be read alongside existing laws, including the Cybersecurity Act, the Personal Data Protection Act (PDPA), the Computer Crime Act, and the NBTC Notification regarding Measures to Protect Telecommunications Service Users’ Rights Regarding Personal Data, Privacy Rights, and Freedom of Telecommunications, as well as forthcoming AI governance legislation being drafted by the ETDA. AI Governance Structure Licensees are expected to establish committees, working groups, or designated officers at both policy and operational levels to set strategic direction for AI use, formulate governance policies and tools, and oversee risk management. Roles, responsibilities, and accountability should be clearly defined for all personnel across every stage of the AI lifecycle—including for third-party AI solution providers and outsourced service providers, whose obligations should be explicitly documented in service agreements. Core Principles The guidelines identify six core principles that licensees should adhere to when deploying AI: Compliance with laws, ethics, and international standards: AI should respect privacy, dignity, and human rights, and content filtering for inputs and outputs should be considered. For example, the AI should not be designed and developed to be used in generating false information, supporting illegal activities, or causing
Read More
July 13, 2026
When Decree No. 186/2026/ND-CP (Decree 186) takes effect on July 15, 2026, it will introduce the most significant reform of Vietnam’s administrative IP enforcement framework since Decree 99/2013/ND-CP was issued in 2013. These changes are expected to make administrative enforcement faster, more accessible, and better suited to the realities of modern IP disputes. Below are the principal reforms and their practical implications for rights holders and enforcement practitioners. The End of Notarization and Consular Legalization Among the most welcome procedural changes is the abolition of the notarization and consular legalization requirement for powers of attorney (POA) submitted in administrative enforcement proceedings. Under the previous regime, foreign rights holders were generally required to execute a POA, then have it notarized and consular legalized (if seeking customs recordal). In practice, this process frequently delayed enforcement by four to eight weeks, often long enough for infringing goods to disappear before authorities could intervene. Decree 186 removes this bottleneck, now requiring only an original or certified copy of the POA. If the document is in a foreign language, a Vietnamese translation is sufficient, provided it is certified by a competent authority or confirmed by the authorized Vietnamese IP representative. Consular legalization and notarization are no longer required. For rights holders, the practical impact is substantial. Administrative enforcement files that previously took weeks to prepare can now be completed in a matter of days, allowing much faster responses in time-sensitive matters such as warehouse raids, border interventions, and trade-fair enforcement. The decree also introduces a useful administrative simplification. Where an original POA has already been submitted to the same enforcement authority and remains valid, applicants may rely on a copy of that earlier submission by identifying the previous case file. This eliminates unnecessary duplication for rights holders pursuing multiple enforcement actions before the same
Read More
July 13, 2026
Indonesia’s Halal Product Assurance Agency (BPJPH) has issued new regulations establishing clearer procedures for imposing administrative sanctions on businesses that violate halal product assurance requirements. BPJPH Regulation No. 2 of 2026 on the Imposition of Administrative Sanctions for Violations of Halal Product Assurance Implementation, issued on June 5, 2026, strengthens Indonesia’s halal compliance framework, as mandated under Law No. 33 of 2014 on Halal Product Assurance and Government Regulation No. 42 of 2024 on the Implementation of Halal Product Assurance. BPJPH Regulation No. 2/2026 also supports the upcoming mandatory halal compliance deadline of October 17, 2026, which will apply to a broad range of products and services, including imported food and beverages, slaughtering products and services, natural and quasi-drugs, health supplements, cosmetics, chemical and genetically engineered products, clothing and accessories, household goods, prayer equipment, stationery, and class A medical devices. Scope BPJPH is authorized to impose administrative sanctions for violations of halal product assurance requirements committed by businesses, halal inspection agencies (LPH), halal auditors, halal product process companion institutions (lembaga pendamping PPH), and halal product process companions (pendamping PPH). The head of BPJPH has authority to determine, cancel, or amend the imposition of administrative sanctions, including upon receipt of objections. This authority covers revocation of Halal Certificates (including foreign halal certificate registration numbers), withdrawal of goods from circulation, freezing of LPH operations, freezing of halal product process companion institutions, revocation of PPH companion institution registration numbers, revocation of halal auditor registration numbers, and revocation of LPH accreditation status. Administrative Sanctions Businesses may be subject to any of the following administrative sanctions: Written warning; Administrative fine; Revocation of the halal certificate, including revocation of foreign halal certificate registration numbers; and Withdrawal of goods from circulation. The regulation sets out the types of violations that may trigger these sanctions, with each
Read More