Since the implementation of the Trademark Law 2019 on April 1, 2023, Myanmar has operated under a modern first-to-file trademark system that brings its registration framework closer to international practice. As the new regime continues to develop in practice, applicants are increasingly required to navigate formal examination requirements, substantive objections, and procedural deadlines with greater precision. This article provides a high-level review of the trademark examination process in Myanmar, focusing on the principal stages from initial review to approval, the types of objections commonly raised by the Intellectual Property Department (IPD), and the key considerations for responding effectively. A clear understanding of these issues is essential for applicants seeking to secure registration efficiently and to mitigate avoidable delays or refusals. Examination Process: Key Stages Trademark applications filed with the IPD undergo two stages of review. Formality Examination The IPD first verifies compliance with procedural requirements, including: Correct Nice Classification Clear mark representation Accurate applicant details Clearly defined goods or services Representative details, if the application is filed by a representative Other formality requirements cover translation and transliteration of any non-English or non-Myanmar elements in the mark, color claim details, applicable disclaimers, and payment of official fees. Deficiencies result in an office action requiring correction within 30 days, which may be extended upon request. Registrability Examination The IPD also assesses registrability. A mark may be refused if it: Lacks distinctiveness Is descriptive or generic Misleads the public or violates public order/morality Contains prohibited state symbols Only compliant applications proceed to publication. Responding to Office Actions Applicants must respond within 30 days of notification from the IPD. Depending on the nature of the objection, strategies may include submitting legal arguments for distinctiveness, providing evidence of acquired distinctiveness, filing appropriate disclaimers, clarifying descriptions such as color claims, or amending the listed goods

Myanmar’s Trademark Law 2019 introduced a modern framework for the registration, enforcement, and protection of trademarks. However, due to the high volume of applications filed during the soft-opening period of the Intellectual Property Department (IPD), marks submitted from 2022 onward remain pending as the IPD works its way through the applications filed in 2021, which it has been publishing on a monthly basis since May 1, 2024. During this period, businesses should adopt proactive strategies to protect their brands, monitor conflicting marks, and ensure a smooth registration process. Practical Steps for Safeguarding Pending Marks While a pending application does not confer full trademark rights, brand owners can take several practical steps to strengthen their position: Monitor IPD publications. Businesses should regularly review the IPD’s monthly gazette to identify any identical or confusingly similar marks at an early stage and prepare timely oppositions in accordance with the Trademark Law’s provisions allowing “any interested party” to file an objection to a trademark application. Monitor market activity. Early detection of potential infringement enables swift action, such as cease-and-desist letters and opposition proceedings. Businesses should monitor competitors, distributors, and retailers for unauthorized use of their marks. Collect evidence of use. Maintaining evidence of use strengthens claims of distinctiveness and supports enforcement efforts. Businesses should keep records of commercial activities, distribution, brand promotion and development, marketing communications, product packaging and labeling, and sales demonstrating brand recognition in Myanmar and internationally, particularly in Southeast Asian markets. Although the Trademark Law 2019 establishes a first-to-file system, evidence of use provides considerable practical support for distinctiveness claims and enforcement actions. Pursue Interim Enforcement Options. A pending trademark application can be relied upon to oppose or refuse other marks on absolute and/or relative grounds of refusal. In addition, marks with established reputations may be protected under passing-off principles

Lawyers from Tilleke & Gibbins in Cambodia, Laos, Myanmar, Thailand, and Vietnam have contributed to the new Multilaw Global Checklist for Monitoring Staff Data, which compiles essential information on regulations related to collection of data on employees. Such collection of data is an increasingly important concern for employers and entrepreneurs as the world pays closer attention to diversity, equality, and antidiscrimination in the workplace. The checklist contains fundamental information for each jurisdiction on legal considerations pertaining to employment diversity surveys and what can and cannot be asked. The table-style list is global in scope, with a separate line for each jurisdiction. The jurisdictional entries are grouped by region, allowing the reader to quickly compare how various countries treat different issues in each part of the world. In each column is a common question about how employers can monitor staff data in full compliance with the law, covering issues such as: Requesting data from employees; Type and format of data captured; Data storage and access; Retention of data; Intra-group cross-border data transfers; and Specific considerations for each jurisdiction. Multilaw, of which Tilleke & Gibbins is a member, is a global network of carefully selected, independent law firms consisting of over 10,000 commercial lawyers in more than 100 countries, able to provide expert legal advice in complex environments around the globe. The full checklist is available for free on the Multilaw website.

In response to the recent uptick in cases of COVID-19 found in Myanmar, and concern about the disease’s spread, all branches of Myanmar’s Office of Registration and Deeds (ORD) have temporarily ceased accepting declarations.