Second Update on Newly Enacted Myanmar Trade Mark Laws

By Lorraine Tay, Audrey Lim

04-2019

Newly enacted Myanmar trademark laws provide some clarity on impending laws although the unreleased rules and regulations will likely shed further light on transitional provisions for existing registered mark holders.

Overall, even though the new laws have not come into force yet, there is some advantage for mark owners to continue filing or renewing their marks under the current laws as there appears to be some advantage for existing mark holders to re-file under a transition period under the new system (the full details of which have not been released yet). It also appears that priority during the transition period will be granted to unregistered mark holders who have put their marks to use in the market over registered mark holders who have not put their marks to use. It will remain to be seen what amounts to "use" in this regard in order to assert priority during the transition period.

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