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 1, 2026
Obtaining marketing authorization is a fundamental requirement for bringing pharmaceutical products to the Thai market. Companies must navigate the Thai Food and Drug Administration’s registration procedures while also complying with post-approval pharmacovigilance obligations, licensing requirements for manufacturing and importation, data protection rules, and other regulatory requirements. This guide provides an overview of Thailand’s regulatory framework for pharmaceutical marketing authorization, including available registration pathways, review timelines, application fees, postmarketing surveillance obligations, licensing requirements, exemptions, data exclusivity, freedom of information, and parallel import considerations. It is intended as a practical reference for pharmaceutical companies, regulatory affairs professionals, and others involved in bringing medicinal products to the Thai market. Download the guide below for a concise overview of the current requirements and procedures governing pharmaceutical marketing authorization in Thailand.
Read More
June 30, 2026
Tilleke & Gibbins’ insurance specialists in Bangkok provided Thomson Reuters’ latest country update on Thailand’s regulatory framework for the insurance industry. The country update, which is part of Thomson Reuters’ extensive Regulatory Intelligence offerings, contains information and guidance for insurers active in the Thai market. The guide covers the following topics in detail: Permission to operate; Legal and regulatory considerations for domestic and international insurers; Capital reserve requirements; Investment management and markets; The Office of Insurance Commission’s arbitration system for handling complaints; Creditor hierarchy; Rehabilitation of non-life insurance companies; and Personal data protection requirements for insurers. Thomson Reuters Regulatory Intelligence is a service that provides with curated news, analysis, and data across jurisdictions to help legal, risk, and compliance professionals manage compliance and mitigate global risk. The full Thailand insurance country update is available by subscription to Regulatory Intelligence on the Thomson Reuters website.
Read More
June 30, 2026
Customs recordation is an enforcement mechanism in Myanmar that enables intellectual property (IP) rights holders to seek prevention of the cross-border movement of infringing goods. The enactment of Myanmar’s IP laws in 2019 has enabled customs recordation for registered marks and copyrights under the Trademark Law 2019 and the Copyright Law 2019. By contrast, the Patent Law 2019 and the Industrial Design Law 2019 do not provide a practical framework for customs recordation, and accordingly such rights are not subject to the customs recordation regime. Under the Trademark Law 2019, rights holders may apply for customs recordation and may also ask the Customs Department to suspend the release of goods suspected of bearing counterfeit marks. Likewise, the Copyright Law 2019 allows for customs intervention in relation to pirated works. These provisions reflect Myanmar’s gradual alignment with international standards on border measures, although the implementation framework remains at a relatively early stage of development. Customs Recordation Pursuant to the Trademark Law 2019 and the Copyright Law 2019, the relevant authorities have issued customs rules concerning the protection of registered marks and copyrights. In practice, the process generally begins with the submission of an application to the Customs Department together with supporting documentation. This typically includes proof of registration in Myanmar; details of the rights holder, applicant, and any authorized representative; and a comprehensive description of the genuine goods. Product identification materials—such as photographs, packaging samples, and distinguishing features—are particularly important in helping customs officers identify suspected infringing goods. A recordation remains valid for two years from the date of approval. It may be renewed for additional two-year terms, provided that the renewal application is filed within the thirty days prior to expiry for marks and up to thirty days in advance of the expiry date for copyrights, in accordance with
Read More
June 30, 2026
Insurance specialists from Tilleke & Gibbins have provided an update to the Vietnam chapter of Thomson Reuters’ Practical Law guide to insurance and reinsurance. The guide is a Q&A-style overview of insurance and reinsurance law in jurisdictions worldwide. The Vietnam chapter provides a detailed overview of the legal framework for the insurance and reinsurance market in the country, covering the following issues: Regulatory framework for insurance and reinsurance Authorization for insurers, reinsurers, and insurance intermediaries Ownership restrictions Ongoing requirements Penalties for noncompliance Sales and marketing of insurance and reinsurance Transfer of risk Reinsurance contracts and risks Contracts and policies Claims Dispute resolution Insolvency Tax Practical Law, a legal reference resource from Thomson Reuters, publishes a range of guides for hundreds of jurisdictions and practice areas. The insurance and reinsurance guide is a valuable resource for legal practitioners, covering numerous jurisdictions worldwide. To view the latest version of the guide, please visit the Practical Law website and enroll in the free Practical Law trial to gain full access.
Read More