Myanmar Trademark Registration and Rights Protection Comprehensive Guide (2025 Latest Version)

Since the official full implementation of Myanmar's 2019 Trademark Law on April 26, 2023, the Myanmar Intellectual Property Department (IPD; in some subsequent documents, it is referred to as DIP/IPA, and the official latest name IPD shall prevail uniformly) has replaced the former Deed Registration Office and become the sole accepting and examining authority for trademark applications. The new law has ended the loose protection model of the old system, which was "ownership declaration + regular announcement", and established a standardized system of "first-to-file principle, formal examination + substantive examination during opposition period", significantly enhancing the stability of trademark rights and the intensity of protection.

Applicants shall submit complete materials to IPD. Both offline submission (at the offices in Nay Pyi Taw/Yangon) and online submission (via WIPO system) are supported. The specific requirements are as follows:

1. Applicant's Entity Information:

• ◦ For individual applicants: Full name, valid address, and passport number (shall be consistent with notarized documents) shall be provided;
• ◦ For enterprise applicants: Registered name, registered address, and business registration certificate number (shall be certified by local authorities in Myanmar) shall be provided;/li>
• ◦ For foreign applicants: They must entrust a licensed trademark agent in Myanmar to handle the application, and all foreign-language materials shall be attached with English/Myanmar translations (signed and confirmed by the applicant).

2. Trademark Design:

• ◦ Format requirements: JPG/PDF format, clear and distinguishable, with a size of not less than 800×800 pixels;
• ◦ Content requirements: It shall not contain absolutely prohibited elements that violate public order and good customs or are official symbols (such as national flags, emblems of international organizations), etc. (see Examination Principles for details).

3. Classification and List of Goods/Services:

• ◦ The latest version of the Nice Classification shall be adopted, and the specific classification and the corresponding list of goods/services shall be clearly specified;
• ◦ Notes: The description of items shall be accurate to avoid vague expressions (e.g., "electronic products" shall be specified in detail as "smartphones", "chargers", etc.), otherwise, it may lead to rejection in the formal examination.

4. Notarized Power of Attorney Form TM-2:

• ◦ Required document: The applicant shall sign the official standard Form TM-2 and submit it after notarization by a notary public;
• ◦ Valid period: One notarized power of attorney can be used for multiple trademark applications of the same applicant, with no clear time limit for validity, but it shall be ensured that the agent's authority covers the entire process of the application.

5. Priority Information (if applicable):

• ◦ Basis for claiming: It shall be based on the Paris Convention or bilateral agreements, and the original copy of the acceptance notice from the country of first filing and its translation shall be provided;
• ◦ Time limit requirement: It shall be submitted within 6 months from the date of first filing; otherwise, the priority shall be deemed as waived;
• ◦ Special provisions for the transition period: For trademarks under the old system that are re-filed before October 26, 2023, the "priority of prior use" can be claimed, and the original announcement and use evidence (such as invoices, advertisements, etc.) shall be attached.

6. Application Fees:

• ◦ Official fee standard: 150,000 Myanmar Kyats (approximately 75 US Dollars) per trademark per class, and the application fee and registration fee shall be paid in a lump sum (via POS machine or electronic payment);
• ◦ Agency fee: It shall be negotiated separately according to the scope of services (including translation, notarization assistance, opposition response, etc.). It is recommended to select an agency with the background of a local law firm.

1. Formal Examination + Examination of Absolute Grounds:

• ◦ IPD only examines the completeness and format compliance of the application documents, and whether the trademark violates the absolute grounds for rejection as stipulated in Article 13 of the Trademark Law (such as lack of distinctiveness, misleading the public, harming public order and good customs, etc.);
• ◦ Examination cycle: Approximately 10-12 months. After passing the examination, it will directly enter the announcement period.

2. Announcement and Opposition Mechanism:

• ◦ Duration of the announcement period: The original 30 days has been adjusted to 60 days (calculated from the date of publication in the official gazette), and any person may file an opposition during this period;
• ◦ Examination of relative grounds: The relative grounds for rejection, such as similar trademarks and conflicts with prior rights, are not included in the scope of preliminary examination, and will only be examined in the opposition procedure or subsequent cancellation/invalidation procedures;
• ◦ Effectiveness of registration: If there is no opposition or the opposition is not established during the announcement period, IPD will issue a registration certificate, and the trademark shall enjoy exclusive rights from the date of application.

At present, only trademarks that have been approved and announced can be searched for Myanmar trademarks. There is no official search channel available for trademarks under application yet.

(1) Trademark Change

1. Circumstances of change: Changes in the applicant's name and address (excluding changes in the trademark design, classification, and goods items, which require re-application);

2. Materials to be submitted: Change application form, relevant supporting documents (such as enterprise name change certificate, address change registration form), and notarized Power of Attorney Form TM-2;

3. Time limit requirement: It shall be submitted within 30 days after the change occurs. Failure to do so within the time limit may result in failure to deliver official documents and affect the exercise of rights;

4. Examination cycle: Approximately 3-6 month. After approval, a change registration notice will be issued.

(2) Trademark Renewal

1. Valid period: 10 years from the date of registration, and the valid period shall be calculated from the date of application (not the date of registration announcement);

2. Renewal period:

• ◦ Normal renewal: Within 12 months before the expiration of the valid period;
• ◦ Grace period: Within 6 months after the expiration of the valid period, and double the official fee shall be paid (it is recommended to handle the renewal 3 months in advance to avoid overdue);

3. Materials to be submitted: Renewal application form, copy of the trademark registration certificate, and notarized Power of Attorney Form TM-2;

4. Special requirements for trademarks under the old system: For trademarks registered under the old system before April 26, 2023, re-application shall be completed within the transition period, and the renewal period shall be calculated from the date of the new registration application.

(3) Trademark Assignment

1. Conditions for assignment: Trademarks that are identical or similar on the same or similar goods shall be assigned together, and separate assignment is not allowed;

2. Materials to be submitted: Assignment agreement (signed and notarized by both parties), identity certificates of the assignor and assignee, trademark registration certificate, and notarized Power of Attorney Form TM-2;

3. Examination and effectiveness: IPD examines the legality of the assignment agreement. After approval (approximately 2 months), an assignment registration notice will be issued, and the assignment shall take effect from the date of registration;

4. Negotiated assignment: During the opposition or cancellation procedure, the parties may negotiate the assignment of the trademark, and the relevant procedure may be withdrawn after reaching an agreement.

(4) Cancellation for Non-Use for Three Consecutive Years

1. Conditions for initiation: The registered trademark has not been used for 3 consecutive years without justifiable reasons (such as force majeure, government ban);

2. Qualification of the applicant: Any interested party (such as competitors, trademark agencies) may file the application;

3. Materials to be submitted: Cancellation application form, registration information of the trademark to be cancelled, and identity certificate of the applicant;

4. Requirements for use evidence: The respondent shall submit use evidence (such as sales invoices, product packaging, advertising materials, etc.). The evidence shall indicate the date, contain the trademark logo and the applicant's information, and the use shall occur within the territory of Myanmar;

5. Result of ruling: After examining the authenticity of the evidence, IPD shall make a ruling to maintain the registration or cancel the trademark. After cancellation, the exclusive right to the trademark shall terminate from the date when the ruling takes effect.

(5) Trademark Opposition

1. Opposition period: Within 60 days from the date of the trademark announcement. No acceptance shall be made for overdue applications (no extension provisions);

2. Subject of opposition: Any person (no need to prove the interest relationship, which simplifies the threshold for opposition);

3. Grounds for opposition:

• ◦ Absolute grounds: Violating Article 13 of the Trademark Law (such as lack of distinctiveness, misleading the public, using official symbols, etc.);
• ◦ Relative grounds: Violating Article 14 of the Trademark Law (such as being identical or similar to a prior trademark, infringing the rights of well-known trademarks, lack of good faith in application, etc.);

4. Opposition procedure:

• ◦ Submission of opposition: The opponent shall pay the official fee and submit the opposition application form and evidence;
• ◦ Response stage: The respondent shall submit a response within 60 days after receiving the notice (may request the opponent to supplement the use evidence);
• ◦ Cross-examination and ruling: Both parties may conduct cross-examination within 30 days, and IPD shall make a ruling on whether the opposition is established based on the materials (the whole process takes approximately 6-8 months).

(6) Trademark Invalidation

1. Circumstances for initiation:

• ◦ Absolute grounds: The registered trademark violates Article 13 (such as loss of distinctiveness, becoming a generic name);
• ◦ Relative grounds: The registered trademark infringes prior rights (such as prior trademarks, copyrights, name rights), and the prior rights are still valid on the date of the registration announcement;

2. Application period: No clear time limit, but it shall be filed within the valid period of the prior rights;

3. Examination authority: IPD is responsible for making the preliminary ruling. If a party is dissatisfied with the ruling, it may file a lawsuit with the Myanmar Intellectual Property Court;

4. Consequences of invalidation: The exclusive right to the trademark shall be deemed as non-existent from the beginning, and the performed license contracts or assignment agreements may be terminated in accordance with the law.

(7) Priority Requirements (Detailed Supplementary)

1. Types of priority:

• ◦ International priority: Based on the Paris Convention, if the country of first filing is a member of the Convention, priority can be claimed;
• ◦ Domestic priority: For trademarks under the old system that are re-filed during the transition period (April 26, 2023 - October 26, 2023), the "priority of prior use" can be claimed, and the old registration certificate and use evidence shall be submitted;

2. Materials for claiming priority: Acceptance notice of the first filing, priority declaration, and translation (notarized);

3. Restrictions on rights: Priority shall only apply to the circumstances where the trademark design and the list of goods/services are consistent with those of the first filing. No priority shall be enjoyed for the changed content.

(8) Trademark Licensing

1. Types of licensing: Exclusive licensing, sole licensing, and general licensing are all allowed, and they shall be clearly stipulated in the contract;

2. Filing requirements: Within 3 months after the conclusion of the license contract, a filing application shall be submitted to IPD (failure to file shall not be against a third party);

3. Materials to be submitted: License contract (signed and notarized by both parties), trademark registration certificate, identity certificates of the licensor and licensee, and notarized Power of Attorney Form TM-2;

4. Term of licensing: It shall not exceed the remaining valid period of the trademark. After the expiration of the term, renewal filing can be handled.

1. Application language: English or Myanmar is supported. It is recommended to submit the application in English (to reduce translation errors), and all materials shall be in the same language;

2. Penalties for infringement: The maximum penalty for counterfeiting trademarks or infringing acts is 3 years of imprisonment and a fine of 5 million Myanmar Kyats (approximately 20,000 RMB). Rights protection can be conducted through two channels: administrative complaints and judicial proceedings;

3. Monitoring obligation: Since the relative grounds are not included in the preliminary examination, it is recommended that enterprises regularly monitor the official announcements of IPD and file oppositions against similar trademarks in a timely manner (to avoid missing the 60-day opposition period);

4. Evidence preservation: After registration, the use evidence shall be continuously preserved to avoid cancellation due to non-use for 3 years; for trademarks re-filed during the transition period, the old registration documents and use evidence shall be preserved until the end of the transition period (July 2025).