Background
The new Trade Mark Law in Myanmar came into effect on 1 April 2023, and the "grand opening" of the new trade mark registration system took place on 26 April 2023.
In conjunction with the new Trade Mark Law, the Customs Rules were issued to facilitate the recordal procedures for registered trade marks with the Myanmar Customs.
Key takeaways
(i) Recording trade mark registration with the Myanmar Customs
An applicant who is a right holder of a mark, or its representative, may apply for the Customs recordation with the Director General of the Customs Department in Form 1 (see the table of forms below).
Under the Trade Mark Law 2019, a "right holder" is defined as "any natural person or legal entity, who has the right to a registered mark, that is to be regarded as the owner of a mark or a well-known mark or a geographical indication or a trade name or a transferee or a licensee of the registered mark."
The particulars required in the application for the Customs recordation, Form 1, include the following:
- Product name with the mark granted with the trade mark right
- Description of product
- Harmonized System (HS) Code
- Registration No. of the trade mark registered with the Myanmar Intellectual Property Department (MIPD)
- Date of registration of the trade mark with the MIPD
- Term of the registration of the trade mark with the MIPD
If the information required under the Customs Rules is complete and accurate, the Customs Department will accept the application for the recordation within 15 days from the application and assign a registration number for the recordation. The recordation term with the Customs is two years and is renewable subject to approval. There is no fee prescribed for the Customs recordation.
Any changes made to the registration of the mark with the MIPD must be updated with the Customs Department within three days from such changes.
The Customs Department may also cancel the recordation if it finds out that the applicant of the recordation has violated applicable trade mark and customs laws.
(ii) Suspension order
A right holder, regardless of whether or not they have Customs Recordation, may apply for a suspension order using Form 5 with the Customs Department to suspend the release of goods into free circulation in the channels of commerce if there is sufficient evidence that the goods affixed with the counterfeit mark have been, are being, or will be imported into Myanmar. The application may be made in person, electronically or by post, either in the Myanmar language or in English.
If the application is complete and accurate, the Customs Department will accept the application within 30 days from receipt of the application and circulate such acceptance notice to the following locations for execution of the suspension order:
- All Yangon ports
- Airports
- Airport warehouses
- OSS inspection stations
- All township Customs offices
The applicant is required to furnish a security deposit with the Customs Department within five working days from the notice of the acceptance of the application for the suspension order.
Any owner of goods subject to a suspension order may apply to the Intellectual Property Court and notify the Customs of doing so within 15 days from receipt of the acceptance of the suspension order. The court may alter, withdraw or uphold the suspension order within 20 working days. The importer, if found guilty, shall pay the costs for maintenance, disposal or removal of the infringing goods.
The particulars required in the application for the suspension order, Form 5, include the following:
- Product name with the mark granted with the trade mark right
- Description of product
- HS Code
- Registration number of the trade mark registered with the MIPD
- Date of registration of the trade mark with the MIPD
- Ground for the suspension order
- Information about the importers/exporters of the suspected goods
The Customs Department may also issue a suspension order against the goods with the infringing mark based on an investigation conducted on its own account .
(iii) Miscellaneous
The Customs Rules are not applicable to the following goods:
- De-minimis goods
- Transshipment cargo
- Reshipment cargo
- Retention cargo
- Transit trade cargo
- Goods imported by the government for an emergency situation
The specific forms
| Forms |
Description |
| Form 1 |
Application for recordation |
| Form 2 |
Notice of acceptance of the application for recordation |
| Form 3 |
Notice of rejection of the application for recordation |
| Form 4 |
Application for renewal of recordation |
| Form 5 |
Application for a suspension order |
| Form 6 |
Notice of acceptance of the application for a suspension order |
| Form 7 |
Notice of rejection of the application for a suspension order |
| Form 8 |
Suspension order |
Comments
Currently, all trade mark applications with the MIPD (under the new Trade Mark Law 2019) have not been registered, and it is likely that the earliest registration of a trade mark would only take place in a year's time.
In the interim, the Customs Department unofficially confirmed that it will accept pending applications with supporting evidence such as the Declaration of Ownership of the Trade Mark registered with the Office of Registration of Deeds under the Registration Law 2018.
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Japanese version
