By Khin Yupar Lin
The Myanmar Intellectual Property Department (IPD) initiated the first step for trademark registration under the new Trademark Law through the establishment of an online filing system (WIPO File), with the soft opening period commencing on 1 October 2020.
Key Takeaways
- Soft Opening Period – myanmar began its trademark registration process on 1 October 2020 via WIPO File.
- Representative Certification – applicants must pass a training and exam to become certified representatives.
- Form Requirement – each trademark application must include a notarized TM2 form if the applicant is foreign.
- Fee Structure – official fees will be charged at both application and registration stages, based on number of classes.
- New System – 19 application forms have been introduced to manage different trademark procedures in Myanmar.
Protect Your IP Today.
After over a year in this soft opening period, the IPD recently called for a training for the Representative of Trademark Registration (1/2022) from 25 February to 1 March 2022. Updates from the training are as follows:
- Each WIPO File user is required to attend the training and pass the subsequent the exam in order to become a certified representative.
- As previously mentioned, new trademark applications will require a TM2 form (Appointment of Representative form). The form has been drafted and the official version will be available on the IPD website soon. Each trademark application will require its own TM2 form. The TM2 form must be notarized if the applicant is not domiciled in Myanmar.
- The IPD will charge official fees at the Application stage and Registration stage. Fees will be based on number of classes (per class) and there will be no additional charge for colour claim.
- The IPD introduced the 19 Application forms which will be used during the trademark registration process:
Types of Application Forms
| 1) | TM1 | Application for trademark registration |
| 2) | TM2 | Appointment of representative |
| 3) | TM3 | Request to re-apply the registration due to failure to comply with the stipulated time period |
| 4) | TM4 | Correction in trademark application due to clerical error or other mistakes |
| 5) | TM5 | Withdrawal request for the trademark application |
| 6) | TM6 | Request for the limitation of the list of goods and services of the trademark application |
| 7) | TM7 | Request to divide the trademark application |
| 8) | TM8 | Opposition of the trademark registration |
| 9) | TM9 | Request to issue the trademark registration certificate |
| 10) | TM10 | Request for correction in registered trademark |
| 11) | TM11 | Renewal of trademark |
| 12) | TM12 | Request to register the transfer of trademark rights |
| 13) | TM13 | Request to register the licensing of registered trademark |
| 14) | TM14 | Request to revoke the registry for the license granted registered trademark |
| 15) | TM15 | Request to announce the invalidation of trademark registration |
| 16) | TM16 | Request to cancel the trademark registration |
| 17) | TM17 | Request to change the name of representative |
| 18) | TM18 | Request to extend the date of expiration mentioned in the notification |
| 19) | TM19 | Application for appeal |
- The Grand Opening date is expected to be announced soon.
We will keep you updated as soon as we have further details. If you have any questions in the meantime, please drop us a line at kass@kass.asia!