Myanmar: Trademark Law 2019 – Trademark forms

30 Aug 2022    2 minute read
Trademark

In brief

In accordance with Notification No. 44/2022, the Myanmar Intellectual Property Department (MIPD) of the Myanmar Ministry of Commerce (MOC) recently published 19 bilingual trademark forms ("TM Forms") on its website.

Copies of the TM Forms may be downloaded here.

Contents

Key takeaways

The 'soft opening period' of the new trademark registration system, which began on 1 October 2020, was announced by the MOC in Order No. 63/2020. Since then, there have been no significant developments and we are presently still in the 'soft opening period'.

Although there have been no detailed procedures or guidance issued by the MIPD with respect to the TM Forms, this is nevertheless a significant step towards the grand opening of the new trademark registration system.

We anticipate that the MIPD will issue further guidance and/or organise training sessions on the TM Forms sometime soon.

Additionally, we anticipate that the MIPD will make an official announcement regarding the payment of official fees by mid-2023.

For more information on the new Trademark Law 2019 and new trademark electronic system, please refer to our March client alert here.

In depth

On 1 July 2022, the MOC issued Notification No. 44/2022, in which the applicable TM Forms for trademark applications under the new Trademark Law 2019 were specified on the MIPD's official website.

Details of the TM Forms are available in the table below:

Form Description
TM-1 Application to register a trademark
TM-2 Appointment of representative or agent
TM-3 Request for reinstatement of an application
TM-4 Request for correction of error in an application
TM-5 Request for withdrawal of application
TM-6 Request to limit the list of goods/services in an application
TM-7 Request to divide an application for registration
TM-8 Application to oppose a trademark application
TM-9 Request for certified copy of registration certificate
TM-10 Request for amendment of registration of a trademark
TM-11 Application for renewal of trademark registration
TM-12 Application to register a transfer of ownership
TM-13 Application to register a licence of trademark
TM-14 Application to terminate a licence of trademark
TM-15 Application for invalidation of a registered trademark
TM-16 Application for cancellation of a registered trademark
TM-17 Request for change of representative or agent
TM-18 Request for extension of time
TM-19 Application for appeal

 

At this stage, there have been no detailed procedures or guidance issued by the MIPD with respect to the TM Forms. We have enquired with the MIPD and were informed that further guidance and information on the TM Forms will be provided in due course.

Based on our unofficial discussions with the MIPD, it is very likely that Form TM-2 (Appointment of representative or agent) is required to be notarised if the applicant is not a local Myanmar entity or individual, and/or it is executed outside of Myanmar.

We will continue to monitor these developments closely. Should you have questions or concerns, please contact any member of our team.

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Contact Information
Andy Leck
Managing Director
Yangon
Read my Bio
andy.leck@bakermckenzie.com

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