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.


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)


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

Japanese version

Contact Information

Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.