Myanmar's Intellectual Property Department (Myanmar IPD) issued its first-ever trademark journal for opposition purposes on May 1, 2024. The journal lists 220 marks, providing extensive details about each trademark. Please review the journal (see annex).
Some critical outlines are provided below
1. Deadline: When is it due for filing a trademark opposition in Myanmar?
A trademark opposition must be filed with Myanmar IPD within 60 days of the journal’s publication. This means, a Notice of Opposition must be filed with IPD against the published marks by 01 July 2024.
2. Advisable: Should you file a Notice of Opposition in Myanmar?
Filing oppositions in Myanmar is not just advisable, it's imperative for the longevity and uniqueness of your brand. This results from the fact that:
² While Myanmar IPD diligently conducts substantive examinations of trademark applications, the possibility of an oversight, such as missing a pre-existing mark, is real. In such cases, a timely filed trademark opposition serves as a valuable tool to highlight these oversights.
² It's not just about protecting the uniqueness and distinctiveness of your brand – which is a vital component of its value – but also about preventing market confusion and brand dilution.
² Moreover, engaging in a trademark opposition at this early stage can be significantly more straightforward and cost-effective than entering into legal disputes post-registration. Taking action early can circumvent the need for protracted, expensive legal battles, offering a more efficient solution to protect your brand's integrity.
3. Grounds: What grounds can be used to file trademark oppositions in Myanmar?
A trademark opposition in Myanmar may be predicated on 02 grounds, namely, “absolute grounds” and “relative grounds”.
4. Process: How will a trademark opposition be handled in Myanmar?
In Myanmar, the trademark opposition process involves several key steps as follows:
[i] Notification and defense: Upon receiving a valid objection, Myanmar IPD notifies the applicant, who is then required to submit a counter-opinion to defend their trademark application.
[ii] Examination: Myanmar IPD evaluates the opposition based on the criteria set out in Sections 13 and 14 of the Trademark Law, considering the objector’s arguments, evidence, and the legal standards for trademark registration.
[iii] Decision: Depending on the evaluation, Myanmar IPD either allows or refuses the trademark registration. A refusal occurs if the opposition are valid and the application does not meet the legal requirements. Conversely, if no valid opposition are presented within the 60-day period, Myanmar IPD will allow the registration to proceed.
[iv] Public announcement and record-keeping: Following the decision, Myanmar IPD records and publicly announces the outcome to ensure transparency and inform the public and stakeholders of the status of the trademark application.
Annex:
Publication for Applications and Registration of the Marks JOURNAL TM/2024/01.pdf
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