On 1 May 2024, the Intellectual Property Department ("IPD") started its first publication of applications under the Trademark Law (2019), and second and third publications subsequently on 1 June 2024 and 1 July 2024. Applicants are now able to oppose any of the applications for marks in the publications, which is accessible on the IPD's website in accordance with the stipulations of the Trademark Law.
The online publication of the applications provides the details of each mark, applicant, and representative information. In addition, it discloses relevant information such as disclaimers, colour claims, mark translations or transliterations, applicable priority dates, as well as specifications of goods and services under the Nice Classification.
Any person (individual or legal entity) can file an opposition against an application for mark within 60 days of publication by citing significant absolute or relative grounds as specified in the relevant sections of the Trademark Law. Oppositions must use the official form specified in the Trademark Rules and pay the filing fee of MMK150,000 per mark (regardless of the number of classes) plus a MMK300 bank charge. Anyone, including interested parties or their local representatives, can file the opposition on the IPD website.
If an opposition is not filed within the stipulated 60-day period, IPD will proceed with the trademark registration without conducting any substantive examination for similarity or priority. Thus, mark owners, right holders, and other interested parties should closely monitor the IPD's publication of applied-for marks so they can take any necessary actions and potentially file oppositions to protect their rights and interests.
