On 30 January 2019, the Parliament of Myanmar passed the country's first modern Trademark Law, marking a significant step toward aligning Myanmar's intellectual property regime with international standards — and replacing a declaration-based system that had left brand owners with limited certainty for decades.

From Declaration to Examination

The new legislation replaces the existing practice — under which trademark rights were secured merely by registering a Declaration of Ownership with the Office of the Registration of Deeds — with a formal, examination-based trademark registration system. To administer this new regime, Myanmar will establish an Intellectual Property Office ("IPO") under the Ministry of Commerce.

Transition for Existing Registrations

Recognising that numerous trademarks are already on record under the old declaration-based system, the IPO introduced a "soft-opening" period, commencing in January 2020, during which owners of existing registrations may re-file their marks with the IPO. This re-filing window remained open for six months, and re-filed marks were accorded priority based on their original declaration date — protecting the position of established brand owners during the transition.

What This Means Going Forward

Practical Implications

Brand owners with existing Myanmar trademark declarations should prioritise re-filing within the transition window to preserve their original priority date — missing this window risks losing seniority to later, potentially conflicting filings made directly under the new system. Businesses newly entering the Myanmar market should file directly under the new examination-based system from the outset, and factor in the added time an examination process brings compared to the old declaration model.