©2018 Rouse

Re-filing trade marks under the new Trade Mark Law, how and when?

12 Feb 2019

Section 93 (b)  of the new Trade Mark Act reads 

 

“In accord with the Registration Act before this law was entered into force:

  1. The owner of a mark which is registered with the Registry of Deeds and Assurance or who have been using its unregistered mark in the market is desirous of obtaining protection under this Act, shall file an application in compliance with this law in order to obtain protection .

  2. Regardless the mark is registered with the Registry of Deeds and Assurance or not, the goods and services for which marks are used in the market shall enjoy priority rights within the prescribed timeline"

There are two situations to consider:

 

=> Recorded marks with the Registry of Deeds and Assurance are able to be re-applied for registration during the transition period and claim priority rights of their prior registration date. 

For re-filing a prior recorded mark, the original (if not available, the certified copy) of the Declaration of Ownership (DOO) and a POA will be required.

 

=> Used but un-recorded marks are also able to be applied for registration during the transition period and claim priority rights of their first date of use in Myanmar. 

Evidence of use will need to be submitted at the time of filing the application in order to claim priority rights.

 

Currently, there is no indication how long the transition period will last for. Rumors mention 3 or 6 months. We must wait the implementing regulation to decide on this issue. It is expected the regulation will be issued in the next 90 days at most.

 

 

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