Myanmar: New Trademark Law comes into force w.e.f. April 01, 2023
Myanmar’s new Trademark Law has been effectuated from April 01, 2023 and the Ministry of Commerce has notified the finalised Trademark Rules along with the schedule of fees.
The Myanmar Intellectual Property Department (MIPD) declared the commencement of the Second Phase of the Soft opening period from April 03, 2023.
End of the first phase of the Soft Opening Period (October 01, 2020 till March 31, 2023)
The first phase of the Soft Opening Period commenced on October 01, 2020 and ended on March 31, 2023. During this phase, all trademarks which were earlier registered under the old law or used in Myanmar prior to March 31, 2023 were eligible for re-registration under the new law. However, since the Trademark Rules had not been notified until then, the Applicant’s were unable to submit FORM TM-2 for appointment of the resident agent and submit the official fee.
Second Phase of the Soft opening Period (April 01, 2023 onwards)
With the commencement of the second phase of the Soft Opening Period, the Applicants shall now be allowed to:
1. Re-file the applications for the marks registered under the old law/ used in Myanmar prior to March 31, 2023;
2. Pay the official fee for the marks re-filed during the soft opening period;
3. Submit the notarized FORM TM-2 for appointment of the resident agent.
Moreover, all trademark applications filed during the second phase will bear the "common filing date", i.e. the first day of the grand opening period which is yet to be announced.
Official Fees
The payment of the official fees has been divided into two stages i.e.,
1. Application stage- MMK 150,000 per class
2. Registration stage- MMK 150,000 per class
Once the official fee at the application stage is paid, the re-filed marks will undergo examination under the new Trademark Law and this process is expected to take about 10-12 months. Once the examination is complete, the registration fee shall become payable.
Appointment of the resident agent
For the appointment of the resident agent, a scanned copy of the notarized FORM TM-2 shall be required, and the same shall be submitted along with the official fees for the Application Stage. Further, only one FORM TM-2 is required per Applicant.
Deadline for submission of Official Fees and FORM TM-2
The deadline to submit the official fees and the notarized FORM TM-2 is yet to be announced.
Commencement of the Grand Opening Period
The date of the Grand Opening Period for filing fresh applications is yet to be announced by the Ministry. However, it is expected that the MIPD will be making the announcement in the later part of April, 2023.
Recommendations
1. Marks registered under the old raw/ used in Myanmar until March 31, 2023, but not yet re-filed under the new law: Re-file the marks under the ongoing second phase of the soft-opening period.
2. Re-filed Marks: Proceed with the payment of the official fees along with the submission of the scanned copy of the notarised FORM TM-2 at the earliest.
3. New Applications: Wait until the announcement of the Grand Opening Period.
The notification issued on March 10, 2023 declaring the commencement of the new Trademark Law as well as the ancillary Rules can be accessed here. In case you have any queries, please feel free to contact Ms. Neetika Gandhi at neetika.gandhi@iprattorneys.com.
