On May 1, 2024, Myanmar IPD has issued the first publication batch containing 220 marks for opposition purposes which could be accessed through Myanmar IPD’s website. The published marks will open for opposition period for a non-extendible period of 60 days. These published marks have passed the examination stage and if they sail through the opposition period, they will mature to registration stage.
Myanmar IPD is examining trademark applications for formality and absolute grounds (such as inherent distinctiveness or descriptiveness). Those applications which do not pass the examination stage, Myanmar IPD will issue an office action. The applicant will have 30 days from the receipt date to respond. Otherwise, the application is deemed abandoned.
For opposition, the opponent can file an opposition against the published mark using grounds such as absolute grounds, or relative grounds such as being identical or similar with earlier mark or well-known mark or filing in bad faith etc. For opponent claiming that the published mark is identical or similar to earlier mark, the opponent must provide evidences indicating use in Myanmar market. Evidences of use will be considered stronger evidences than registered Declaration of Ownership of Trademark (DOT) or publication of Cautionary Notice in newspaper from previous practice. Therefore, we suggest the client to collect the evidences of use in Myanmar as earlier as possible. For an application which is opposed, if the applicant of the published mark does not respond to the opposition within 60 days from the receipt date of opposition, the application will be deemed abandoned.
According to the current practice, Myanmar IPD plans to issue the publication once a month, on the first day of each month. The frequency and the amount of published marks may change over time.
Remark:
The first batch of publication could be found on Myanmar IPD’s website, see link: https://api.ipd.gov.mm/content/_pdf_1714527079652.pdf.
Contact Person: Ms. Pritsadee Buranavorakul
Foreign Trademark Department
trademark@siasia.co.th
