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Amendments to Trademark Laws

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Jan 31, 2019 (Newsletter Issue 1/19)
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Trademark Law Enacted

On January 31, 2019, President U Win Myint signed the Myanmar Trademark Law, approving the most anticipated piece of legislation in the country this year. The law includes 106 sections to regulate national and international protection of trademarks. The law includes the following:

- Introduction of the first-to-file framework to align with the international standards
- Term of protection is 10 years as from the date of application
- Renewable every 10 years for further 10-year periods as of section (34) of the Trademark Law

Registered trademarks recorded under current practice at the Office of the Sub-Registrar of Deeds and Assurance shall be re-registered in accordance with the provisions of the new law. Therefore, trademark owners need to re-apply their mark to gain protection under the new legislation.

The Trademark Bill is silent on whether there is a transitional period during which registered marks under the current practice remain valid for the preparation of re-application or whether there is a special examination procedure for such marks.

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