Myanmar’s Trademark Law 2019 officially came into force on April 1, 2023, introducing a structured framework for trademark registration and protection. This significant legislation aims to align Myanmar’s intellectual property system with international standards, creating a more robust and reliable legal environment for brand protection.
One of the key features of the new law is the adoption of the first-to-file principle, which grants trademark rights to the first applicant rather than the first user. Additionally, registered trademarks are valid for 10 years from the filing date and can be renewed for successive 10-year periods, ensuring long-term protection for brand owners.
In December 2024, the Myanmar Intellectual Property Department (IPD) issued approximately 1,800 trademark registration certificates, marking a pivotal milestone in the country’s intellectual property landscape. This event signifies the operationalization of the new trademark system, demonstrating that the mechanisms established under the 2019 law are now functioning effectively. For businesses, the issuance of these certificates provides a more reliable basis to safeguard their brands, fostering confidence among both domestic and foreign investors.
The introduction of Myanmar’s new trademark system brings significant implications for businesses and trademark holders. Previously, Myanmar lacked a formal trademark registration process. Trademark owners could only record a Declaration of Ownership with the Registration of Deeds and Assurance Office to assert their rights. With the introduction of the Trademark Law in 2019, trademark owners must re-register their marks to maintain protection, creating a transitional phase for existing rights.
The structured registration process under the new law offers greater legal certainty by providing clearer guidelines for enforcement, reducing ambiguities that previously existed. Additionally, aligning with global intellectual property standards facilitates smoother operations for international businesses and has the potential to attract more foreign investment to Myanmar.
This development represents a significant step forward in Myanmar’s intellectual property landscape, creating opportunities for businesses to protect their brands effectively and encouraging a more secure and investor-friendly environment.