Trademark Opposition

Procedure and Requirements

Trademark Opposition Procedure and Requirements in Myanmar

Under the Myanmar Trademark Law 2019, any interested party who believes that a published trademark application should not proceed to registration may file a Notice of Opposition with the Intellectual Property Department (IPD).

The opposition system provides an important mechanism for trademark owners and other interested parties to protect their prior rights against potentially conflicting trademark applications.

Who May File an Opposition?

Any natural person or legal entity with a legitimate interest may file an opposition against a trademark application that has been published for opposition.

Typical grounds for opposition include, but are not limited to:

  • The applied-for mark is identical or confusingly similar to an earlier registered or pending trademark.
  • The applicant lacks the legal right to use or register the trademark.
  • The application was filed in bad faith.
  • The trademark is descriptive, generic, deceptive, or otherwise prohibited under the Myanmar Trademark Law.
  • The trademark is likely to mislead or confuse the public regarding the origin, quality, or nature of the goods or services.
  • The trademark conflicts with a well-known trademark or infringes prior intellectual property rights. Opposition Period

A Notice of Opposition must be filed within 60 days from the date on which the trademark application is published in the Official Gazette issued by the Intellectual Property Department (IPD).
Failure to file the opposition within the prescribed period may result in the trademark proceeding to registration.

Requirements for Filing an Opposition

The following information and documents are generally required:

  • Details of the opposed trademark application
  • Full name and address of the opponent
  • A statement of the grounds for opposition
  • Supporting facts and legal arguments
  • Documentary evidence supporting the opposition, where applicable
  • A Power of Attorney appointing a local trademark representative (if the opponent is represented)
  • Payment of the prescribed official fees
  • Additional supporting documents may be requested by the IPD depending on the circumstances of the case

Opposition Procedure

The general opposition procedure consists of the following steps:

  • The trademark application is published in the Official Gazette
  • The opponent files a Notice of Opposition within the statutory opposition period.
  • The IPD serves the Notice of Opposition on the trademark applicant.
  • The applicant is given an opportunity to file a Counterstatement within the prescribed time
  • Both parties may submit evidence and supporting documents.
  • The IPD examines the submissions and evidence presented by both parties.
  • The Registrar issues a written decision either allowing or rejecting the opposition.
  • If the opposition is rejected, the trademark application proceeds toward registration. If the opposition is successful, the application may be refused in whole or in part.
Evidence

Depending on the grounds relied upon, evidence may include:

  1. Trademark registration certificates.
  2. Copies of pending trademark applications.
  3. Evidence of prior use.
  4. Sales figures and invoices.
  5. Advertising and promotional materials.
Market surveys

Company registration documents.

Any other documents demonstrating ownership, reputation, or prior rights.

Documents in a foreign language may need to be accompanied by an English translation where required.

Professional Representation

Foreign applicants and opponents are generally required to act through a registered local intellectual property representative when filing trademark opposition proceedings before the Myanmar Intellectual Property Department.

Why File a Trademark Opposition?

Filing an opposition can help trademark owners:

  1. Prevent the registration of confusingly similar trademarks.
  2. Protect valuable brand identity and goodwill.
  3. Preserve exclusive trademark rights.
  4. Reduce the risk of future infringement disputes.
  5. Avoid costly cancellation or invalidation proceedings after registration.
Our Services

We provide comprehensive trademark opposition services in Myanmar, including:

  1. Monitoring published trademark applications.
  2. Reviewing the likelihood of success of an opposition.
  3. Preparing and filing Notices of Opposition.
  4. Preparing Counterstatements for applicants.
  5. Collecting and presenting supporting evidence.
  6. Representing clients throughout opposition proceedings.
  7. Advising on settlement and coexistence negotiations.
  8. Handling appeals and related trademark disputes.

Requirements and Forms for Filing

To file a trademark opposition before the Intellectual Property Department (IPD), the following information and documents are generally required:

  • Official Form
  • Form TM-8 – Opposition against a Trademark Application
  • Information of the Opponent
  • Full name of the opponent
  • Nationality (if applicable)
  • Address
  • Contact details
  • Representative Details

If the opposition is filed through a trademark agent or attorney:

  • Power of Attorney (Form TM-2)
  • Name and address of the appointed representative
  • Details of the Opposed Trademark Application
  • Trademark application number
  • Trademark representation
  • Name of the applicant
  • Goods and/or services covered by the application
  • Class(es) of goods and/or services
  • Publication details (if available)
  • Statement of Grounds for Opposition
  • Earlier registered or pending trademark rights
  • Likelihood of confusion
  • Bad faith filing
  • Conflict with a well-known trademark
  • Non-distinctiveness
  • Descriptive or generic nature of the mark
  • Any other grounds under Sections 13 and 14 of the Myanmar Trademark Law
  • Supporting Evidence

If the opposition is filed through a trademark agent or attorney:

  • Trademark registration certificates
  • Pending trademark applications
  • Evidence of prior use
  • Sales invoices
  • Advertising and promotional materials
  • Descriptive or generic nature of the mark
  • Catalogues or brochures
  • Website or social media evidence
  • Company registration documents
  • Any other evidence supporting the opposition
  • Official Fee

Payment of the prescribed official filing fee for the opposition.

  • Filing Deadline

The Notice of Opposition must be filed within sixty (60) days from the publication date of the trademark application in the Official Gazette published by the Intellectual Property Department (IPD).

Notes

Additional documents or explanations may be requested by the Registrar during the examination of the opposition.

Any evidence in a foreign language may need to be accompanied by an English translation where required.

Foreign opponents are generally required to act through an authorized local trademark representative in Myanmar.