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A seminar was held by the Myanmar Intellectual Property Department (MIPD) on the 9th of March 2023 whereby the MIPD announced that the new Trademark Law 2019, which was passed early this year, will come into force on the 1st of April 2023.
During the 9th of March Seminar, the MIPD provided details on the new law such as,
- The date the new trademark law will come into force:
- 1st of April 2023, which is when the trademark law comes into force but not to be mistaken as the date of the “grand opening” of the new trademark registration system.
- The “grand opening” of the new trademark registration system has yet to be announced, however, the MIPD expects it to take place shortly after the collection of official fees which is estimated to be in May or June of 2023.
- An official announcement with regards to the “grand opening” will be released within the next 1-2 months from the date of the enforcement of the new law
From the beginning of the month (April), we have seen significant developments with regards to the Trademark Rules, Schedule of Fees, TM-2 Form (Appointment of Representative) and the “Phase 2” of the soft opening period of the new trademark registration system.
On the 31st of March, the Ministry of Commerce (MoC) issued the finalized Trademark Rules in conjunction with the Trademark Law 2019, whereas the schedule of fees for trademark applications were finalized and issued on the 1st of April 2023. The announcement of the “Phase 2” soft opening was also made on the 1st of April 2023 by the Myanmar Intellectual Property Department (MIPD).
The “soft opening period” which began on the 1st of October 2020 was announced by the MoC in Order No. 63/2020 and was restricted to only 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 (Registered/used marks). On the other hand, all other marks (New marks) may only be filed after the “grand opening”.
Phases of the Soft Opening Period
Phase 1 : Commenced on the 1st of October 2020 ended on 31st March 2023, during which only Registered/Used Marks are eligible for filing. All trademark applications filed during this period will be given a “common filing date”.
No official fees or submission of TM-2 Forms as the Trademark Rules were still in the drafting stage.
Phase 2 : Commenced on the 1st of April 2023, the end date however is yet to be confirmed but is anticipated to be on the 25th of April 2023. During this phase the new trademark registration system will still accommodate Registered/Used Marks secured prior to 1st April 2023 and a “common filing date” will still be given to applications filed in this phase.
Further, in Phase 2 applicants are required to submit a notarized TM-2 Form and pay official fees at the time of filing the application under the new electronic system.
Phase 3 : This phase is anticipated to begin on the 26th of April 2023 and is the phase by which the “grand opening” will take place. New Marks will be eligible for filing under the new electronic trademark system during this phase. The filing date for the applications of New Marks will be the application filing date.
The MIPD posted an announcement on its website on the 29th of March with regards to the TM-2 Form. Essentially the MIPD provided that a foreign applicant (i.e. a non-Burmese entity) for multiple trademark applications may submit a single notarised TM-2 Form, provided that a list of applications is annexed to the notarised TM-2 Form. Further, 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.
With regards to the Official Fees, the Intellectual Property Agency with the approval of the MoC announced the fees through Notification No. 1/2023.
| 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) |
Changes in the TM application process and the enforcement of the 2019 Trademark Law in Myanmar is an exciting development as it opens the opportunity for more businesses to enter the Myanmar market without fear that their Rights will be infringed by unauthorized parties.
Our team will continue to monitor these developments closely, should you have any questions, please do not hesitate to contact us.