1] examination

Registration of Trademark Declaration is based on the non-examination system as to both absolute and relative examination. The Myanmar Registry does not perform any examination procedure for the trademark declaration. The registration process for trademark is completed as soon as the filing documents are in order by stamping. There is also no publication of trademark registration in Myanmar therefore no opposition procedure for the third party to oppose the registration of a trademark at Registry Office.

[2] search

There is no database on registered trademark as well as other IP rights in Myanmar. Hence, there is no official search provided by Registry Office. This current practice causes difficulty for foreign investor to get information through doing a trademark search before entering this potential market.

At present, the trademark search is provided base on the data base of Cautionary Notice published in Myanmar local newspaper publications by the reason that most of the trademark registrations are usually followed by publication of the Cautionary Notice in the designated local newspaper for public awareness. While there is no official search system, this search practice is valuable for investor to find the chance on using their proposed trademark in Myanmar. In addition, this search result helps them to find any infringement of their trademark rights if they are bona fide proprietor of the mark and their competitor or distributor owns improper trademark registration which was filed base on bad faith.

[3] new trademark system

It is expected that the new trademark law system will be promulgated in Myanmar in the near future. The trends of the new trademark protection system are as follow:

• protection term will be 10 years;
• examination system will be compulsory. All re-registration must be examined on both absolute ground and relative ground;
• publication system will be opened for any third party to observe;
• search system will be also established;
• all disputes of trademark will be settled at Trademark Registry and Courts;   
• all existing registrations under the current Declaration System of the current regime will continue to receive protection for another three years after the new law has come into force and needs to be re-registered during the 3-year interim period. The re-registration for the same trademark can claim the seniority right basing on existing registrations under the old regime, if the re-registration is applied within 3 years from the date on which a Declaration of such registration was filed under the old regime;
• trademark declaration under the old regime will bring an advantage for re-registration thereof a priority right, if the re-registration is applied within 3 years from the filing date of trademark declaration.