In 2020 the new trademarks law will come into effect. A number of practical issues are now taking shape:
- there will be a refiling period for marks registered under the old law. This is believed to start in January 2020 and run until April.
- the formal filing of new marks is hoped to launch on World IP day in April 2020.
- use in Myanmar will give rise to
prior rights. Specific evidence will be needed. There are time
limits to make such a prior use claim.
- after an application is filed certain documents can be late filed, such as POAs.
- filing fees will vary depending on the basis of the claim to rights.
The IP Department is still in formation stage. The move from Ministry of Education to Ministry of Commerce has not yet completed. It is still a case of 'watch this space'.
IP owners will need to plan their 2020 trademark filing strategy soon. Older marks can be refiled, newer ones filed afresh. IP owners can expect 2020 to be a busy year for securing rights in Myanmar.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.