29-1-2026
Managing trademarks across Asia can appear daunting at first, given the many languages, different examination standards and procedural requirements involved. In practice, however, a coordinated strategy makes the region far more navigable than it seems. Rights should be secured not only in markets where the brand is used, but also in the place of manufacture, as manufacturers or related parties are usual culprits in trademark squatting. Meanwhile, as Southeast Asia continues to grow as a key commercial region, brands entering these markets should also ensure they develop and register local‑language marks, as consumers frequently identify products by their local language rather than the original name. If a brand does not create its own localisation, the market—or third‑party filers—often will.
In this newsletter, we highlight key updates in Thailand, the Philippines, Myanmar, Maldives and Nepal, focusing on the practical implications for portfolio management and the steps rights holders should consider in the coming months.
Thailand - Fast-Track Options & Filing Tactics
Trademark registration in Thailand remains comparatively time‑consuming, with examination commonly taking 14 – 18 months. That said, the Thai Department of Intellectual Property has introduced examination pathways that can materially accelerate prosecution.
The First Action Fast Track typically brings the first office action within six months, provided the specification is kept to 50 items or fewer, follows the DIP description manual, and no post‑filing amendments are made. No additional charge applies to the First Action Fast Track and it is strongly advisable to utilise this option.
Where the mark is needed on a shorter timetable, an Urgent‑Use Fast-track pathway is available, with examination results in roughly four months. To qualify for this route, the applicant needs to provide a month-by-month trademark use or marketing plan, setting out marketing strategy, regulatory steps taken, development milestones and the target first‑use date.
On substance, examination remains conservative on inherent distinctiveness. Suggestive or lightly stylised word marks are frequently read by dictionary meanings; disclaimers are often requested; and stylisation alone rarely cures descriptiveness. Accordingly, it is often more effective to adopt a highly distinctive mark for the Thai market, or to bolster a weaker mark by adding the house mark. Also, evidence planning helps: keep Thai use documents, foreign registrations, and historical sales/marketing materials ready if an objection in raised.
The Philippines - Incorporate the New Well-Known Mark Declaration into Your Strategy
The Philippines has introduced a formal mechanism for the declaration and registration of well‑known marks. The new system, which took effect in April 2025, allows applicants to seek official recognition of a mark’s well‑known status through an ex parte procedure.
The benefit is practical: a certificate of declaration is prima facie evidence of well‑known status, so the registrant does not need to re‑prove fame in each dispute. Examiners are also expected to factor in the well-known register in examining marks during office actions. Having a formal mechanism to obtain well‑known status also strengthens a brand owner’s broader strategy, and is especially helpful to support the recognition of well‑known status in high‑stakes disputes in other jurisdictions.
The application procedure is relatively straight forward. The applicant files a notarized application and the required supporting evidence, which would be reviewed by the examiner. If accepted, the declaration would be published for third party observations. Declarations last ten years, are renewable, and require continued proof of use and reputation in the set windows.
Brand owners are recommended to review the portfolio to identify marks that may benefit from a well‑known declaration. Once a declaration is secured, an evidence collection program should be put in place to meet the requirements to maintain the status.
Myanmar – Navigating New Trademark Landscape
Myanmar’s trademark system continues to transition from legacy practices based on cautionary notice toward a fully operational first‑to‑file registration regime under the 2019 Trademark Law. As of now, the Myanmar Department of Intellectual Property is still examining the re-filings made in 2021.
Office actions often relate to overly broad specifications, general class headings and unclear colour claims. Many of these issues arise because the applications now being examined were based on cautionary notices years ago, and practice guidelines were not yet well‑developed.
Requests for disclaimers remain common where part of the mark is considered descriptive or lacking distinctive character. In response, the applicant can file evidence of use or registrations in other jurisdictions.
For Myanmar, a useful first step is to audit legacy portfolios and identify marks that were previously filed under the cautionary notice arrangements. These should be re‑filed as soon as possible under the new regime to ensure they meet today’s examination standards. Multi‑class applications remain efficient, but they should be supported by specific items rather than broad or generic descriptions. Where the mark contains elements that may be viewed as descriptive, including an appropriate disclaimer at the outset can also help streamline examination.
Maldives - Goodbye Cautionary Notices and New Trademark Regime
Maldives is in the process of transitioning from a cautionary notice‑based trademark system to a formal registration regime. The enactment of the Trademark Act in November 2025 and the establishment of the Maldives Intellectual Property Office on 1 January 2026 represent the first steps toward a modern, first‑to‑file system.
A transitional period (November 2026 - November 2027) will allow holders of trademark rights previously supported by cautionary notices to file formal applications. It is important for brand holders to conduct a comprehensive audit of all marks currently protected by cautionary notices, and identify which marks require formal registration. To prepare for the new regime in November 2026, brand owners should also review their use to check if any new filings should be made. They should also gather evidence of use, ownership documents, and supporting materials in case any issues arise during the trademark application and opposition process.
Nepal - Deadlines You Can’t Miss
For Nepal, following the destruction of records at the Department of Industries, a notification issued in December 2025 imposes strict deadlines affecting both pending and published trademark applications.
Applicants with pending applications and incomplete documentation must resubmit their applications together with all supporting materials within 1 March 2026. Applications pending for more than seven years that are not regularised within this timeframe will be deemed abandoned. Separately, applicants whose marks have been published and have cleared opposition must submit the required documents for issuance of registration certificates 1 June 2026, failing which the applications will be cancelled.
These measures necessitate prompt portfolio review and document verification, particularly for marks that have remained pending for extended periods.
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Vivien Chan & Co. is a full-service law practice with offices in Hong Kong (1985) and Beijing (1993). We are consistently recognized as a premier law firm for and in Greater China. With 40 years of doing business in Greater China, our Hong Kong and China teams have an in-depth understanding and knowledge of the legal culture and market dynamics.
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