Trademarks in Myanmar

Competent Authority

Trademark registration in Myanmar is administered by the Intellectual Property Department (IPD) under the Ministry of Commerce, located in Nay Pyi Taw. The official working language is Myanmar (Burmese), and the system operates on a national basis under the modern Trademark Law of 2019.

International Agreements

Myanmar is a member of the World Intellectual Property Organization (WIPO), the World Trade Organization (WTO), and the Paris Convention for the Protection of Industrial Property. However, Myanmar is not a party to the Madrid Protocol; therefore, international trademark registrations cannot be extended to Myanmar via the Madrid System, requiring direct national filings.

Who May Apply

Natural persons and legal entities engaging in commercial, industrial, or service activities may apply. Foreign applicants without a domicile, residence, or genuine industrial/commercial establishment in Myanmar must act through a registered local trademark representative or agent. A Power of Attorney (Form TM-2) signed by the applicant is mandatory, and it must be notarized.

Online Filing and Search

Electronic filings and database search interactions are supported through the official digital infrastructure and e-filing platform managed by the Intellectual Property Department of Myanmar (`ipd.gov.mm`).

Registrable Sign Types

Trademarks may comprise words, letters, numerals, figurative elements, device designs, 3D shapes, and combination marks capable of distinguishing goods or services. Non-Myanmar words or foreign characters require accurate transliteration and translation details.

Classification

Myanmar follows the international Nice Classification system for the registration of goods and services. Multi-class applications are fully supported, allowing a single application to cover multiple classes subject to class-specific fee calculations.

Examination

The Intellectual Property Department conducts a formal administrative examination for application completeness, followed by a substantive examination covering absolute grounds for refusal (such as distinctiveness or deceptiveness) and relative grounds (conflicts with prior registered or pending marks on the national database).

Publication and Opposition

Applications that successfully pass substantive examination are published in the Official Trademark Gazette. Any interested third party may file a formal notice of opposition against the registration of the trademark within a statutory window of 60 days (or up to 3 months depending on administrative scheduling) from the publication date.

Timelines

An unopposed standard trademark application typically takes an average of 12 to 18 months from initial filing through examination, publication, and final certificate issuance.

Official Fees

Official state filing fees are denominated in Myanmar Kyat (MMK) (typically referenced at baseline statutory rates such as 150,000 MMK per class for standard applications), with additional fees mandated upon final allowance and certificate issuance milestones.

Protection Duration and Renewal

Trademark protection is valid for 10 years starting from the official application filing date. Registrations can be renewed indefinitely for successive 10-year periods upon submitting a renewal request and paying the requisite fees within the final 6 months prior to expiration.

Use Requirements

Myanmar operates strictly on a first-to-file priority framework under the current statutory regime. A registered trademark is vulnerable to cancellation or revocation actions if it has not been put to genuine commercial use in Myanmar for a continuous statutory period.

Post-Registration Procedures

Post-registration changes—including assignments, licensing agreements, changes of registrant name, or changes of address—must be formally recorded with the Intellectual Property Department to ensure full legal validity and enforceability against third parties.

Legal Remedies

Legal remedies include administrative cancellation and invalidation actions, civil infringement litigation before competent courts seeking permanent injunctions and financial damages, and border enforcement measures implemented by customs authorities to intercept counterfeit imports.

Country-Specific Risks and Practical Notes

Because Myanmar transitioned from a historical common-law "Declaration of Ownership" system to a modern statutory first-to-file regime, legacy marks recorded under old registration practices had to undergo statutory re-filing during transitional windows. Foreign applicants must ensure proper notarization of appointment documents (Form TM-2) to avoid procedural rejections.

This article is for informational purposes only and does not constitute legal advice or consultation. To receive personalized and in-depth guidance tailored to your specific situation, we invite you to schedule a consultation.