In brief

In the past week, there have been significant developments regarding the (i) Trademark Rules; (ii) Schedule of Official Fees; (iii) TM-2 Form (Appointment of Representative); and (iv) "Phase II" of the soft opening period of the new trademark registration system.

In particular, the Ministry of Commerce (MOC) issued the finalised Trademark Rules on 31 March 2023 in conjunction with the Trademark Law 2019 (which came into force on 1 April 2023). The schedule of official fees for trademark applications was finalised and issued on 1 April 2023.

On 1 April 2023, the Myanmar Intellectual Property Department (MIPD) announced the commencement of "Phase II" of the soft opening period. 

The key takeaways are set out below.


Contents

Key takeaways

  1. Implementation of the new Trademark Law in Myanmar: The "soft opening period", which began on 1 October 2020, was announced by the MOC in Order No. 63/2020 ("Order"). 

The soft opening period was restricted only to trademarks that have been registered via Declarations of Ownership filed with the Office of the Registration of Deeds (ORD) and/or trademarks that have enjoyed use in Myanmar (for instance, evidenced by publication of a cautionary notice) ("Registered/Used Marks"), whereas all other trademarks ("New Marks") may only be filed after the grand opening.

Phase I (1 October 2020 - 31 March 2023): During Phase 1 of the soft opening period, only Registered/Used Marks are eligible for filing. All trademark applications filed during this period will be given a "common filing date", i.e. the first day of the grand opening (to be announced). 

Given that the Trademark Rules were still in the draft stage during Phase I, applicants were unable to submit the TM-2 Form (Appointment of Representative) and official fee payment for new trademark applications.

Phase II (1 April 2023 - to be confirmed):  We are presently in Phase II. During Phase II of the "soft opening period", the new trademark registration system will still accommodate Registered/Used Marks secured prior to 1 April 2023.

All trademark applications filed during Phase II will still be given a "common filing date", i.e. the first day of the grand opening (to be announced). 

The difference between Phase I and Phase II applications is this: 

It is mandatory to submit the notarised TM-2 Form (Appointment of Representative) and the official fee payment at the time of filing the Phase II application under the new electronic system.

Phase II is anticipated to end on 25 April 2023, i.e. a day before the anticipated date of the grand opening of the new trademark registration system.

Phase III (anticipated date: 26 April 2023): The grand opening of the new trademark registration system will take place during Phase III.

During this phase, New Marks will be eligible for filing under the new electronic trademark system. 

All applications of New Marks will bear the filing dates of the applications, i.e. the date on which the MIPD receives the complete application and stipulated official fee.

  1. Power of attorney/appointment of representative: On 29 March, MIPD posted an announcement regarding the TM-2 Form (Appointment of Representative) on its official website. 

In essence, a foreign applicant (i.e. a non-Burmese entity) for multiple trademark applications may submit a single notarised TM-2 Form (Appointment of Representative), provided that a list of applications is annexed to the notarised TM-2 Form (Appointment of Representative).

Based on our unofficial discussion with the MIPD, all of the annexed pages (containing the list of applications and representatives) should be notarised or contain the notarised seal. 

The MIPD also indicated that the notarised TM-2 Form must be submitted prior to the first day of the grand opening of the new trademark registration system (to be announced).

  1. Official fees: On 1 April 2023, via Notification No. 1/2023, the Intellectual Property Agency (with the approval of the Ministry of Commerce) issued a notification on the official fees.
Form Description Fee (Kyat)
TM-1 Application to register a trademark 150,000 
(approximately USD 72)
TM-2 Appointment of representative or agent -
TM-3 Request for reinstatement of application 100,000 
(approximately USD 48)
TM-4 Request for correction of error in an application 50,000 
(approximately USD 24)
TM-5 Request for withdrawal of application -
TM-6 Request to limit the list of goods/services in an application 50,000 
(approximately USD 24)
TM-7 Request to divide an application for registration 100,000 
(approximately USD 48)
TM-8 Application to oppose a trademark application 150,000 
(approximately USD 72)
- Recordal of the registration of a trademark 150,000 
(approximately USD 72)
TM-9 Request for certified copy of registration certificate 50,000 
(approximately USD 24)
TM-10 Request for amendment of registration of a trademark 50,000 
(approximately USD 24)
TM-11 Application for renewal of trademark registration 300,000 
(approximately USD 144)
TM-12 Application to register a transfer of ownership 100,000 
(approximately USD 48)
TM-13 Application to register a licence of trademark 100,000
(approximately USD 48)
TM-14 Application to terminate a licence of trademark -
TM-15 Application for invalidation of a registered trademark 150,000 
(approximately USD 72)
TM-16 Application for cancellation of a registered trademark 100,000 
(approximately USD 48)
TM-17 Request for change of representative or agent 20,000 
(approximately USD 10)
TM-18 Request for extension of time 50,000
(approximately USD 24)
TM-19 Application for appeal 500,000 (USD 239)


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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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